Imperial City Council
TAPERIAL
OF Robert Amparano - Mayor
James Tucker - Mayor Pro-Tem
Ida Obeso-Martinez, - Council Member
CITY Stacy Mendoza - Council Member
Katherine Burnworth - Council Member
• 1906 AGENDA
Regular Meeting of the Imperial City Council
City Council Chambers
220 West 9th Street
Imperial, CA 92251-1637
March 20, 2024
Closed Session at 06:00 pm
Open Session at 07:00 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. All documents containing an executive summary and staff recommendation associated with open session action items are made available for public inspection on the City's website, www.cityofimperial.org seventy-two (72) hours prior to the posted meeting time.
Government Code section 54957.5(b)(2)(B)
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meeting, please contact (760) 355-4373. A notification of 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].
6:00 P.M. CLOSED SESSION
CALL TO ORDER
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: The City Council welcomes public input. Members of the public may address the City Council on Closed Session items by contacting the City Clerk's Office at 760-355-3334. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist. Please see the City Clerk for additional information. There is a time limit of three (3) minutes for anyone wishing to address the City Council on these matters.
CONFERENCE WITH LEGAL COUNSEL: The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matters) will prejudice the position of the City in existing and anticipated litigation.
City of Imperial Council Agenda
March 20, 2024
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - G.C § 54956.7 (b)(1) Title of Position: City Manager
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
GC 54956.9(d)(1)
Name of Case: Mehdipour v. City of Imperial, Imperial County Superior Court ECU003274
CITY COUNCIL CONVENES TO REGULAR MEETING
7:00 P.M. REGULAR MEETING
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
ADJUSTMENTS TO THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on consent calendar items and request consent calendar items be removed from the consent calendar for discussion. The City Council may also remove items from the consent calendar prior to that portion of the agenda. For purposes of the official city record, the City Council may take care of these issues by entertaining a formal motion.
CITY ATTORNEY REPORT ON CLOSED SESSION ACTIONS
PUBLIC COMMENT: There is a time limit of three (3) minutes for anyone wishing to address the City Council on these matters.
Matters not appearing on the agenda: If you wish to address the City Council concerning any item within the City Council's jurisdiction, please raise your hand and be acknowledged by the Mayor. At that time, state your name and address for the record. The Mayor reserves the right to place a time limit of three (3) minutes on each person's presentation. It is requested that longer presentations be submitted to the City Clerk's Office in writing 48 hours before the meeting.
A. PRESENTATIONS:
A-1. Proclamation presentation for World Down Syndrome Day A-2. Proclamation presentation for Women's History Month A-3. Swear-in Ceremony and Badge Pinning for incoming Chief of Police A-4. Presentation by David Lantzer, Imperial County Fire Chief, Community Risk Analysis and Standards of Cover Development update
A-5. Presentation by Karin Eugenio, Division 5 IID Director
City of Imperial Council Agenda
March 20, 2024
B. CONSENT AGENDA: All items appearing under "Consent Agenda" will be acted upon by the City Council with 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.
B-1. Approval of Claims and Warrants Report
B-2. Ratify Letter of Support AB 2757 (Garcia, Padilla) Southeast California Economic Region B-3. Ratify Letter of Support SB 1309 (Padilla) Lithium Battery Production Council C. ACTION ITEMS (DISCUSSION/ACTION- APPROVE-DISAPPROVE):
C-1. Authorization to seek bids for the Aten Boulevard Rehabilitation Project between Vilore Way and SR-86, Caltrans Project No. STPL-5134(027)
Staff Report: Othon Mora, Community Development Director Recommended Action: Authorize staff to solicit bids for the Aten Boulevard Rehabilitation Project between Vilore Way and SR-86.
C-2. Authorization to seek bids for the Aten Boulevard Class II Bike Lane project from Vilore Way to Austin Rd., Caltrans Project No. CML-5134(026)
Staff Report: Othon Mora, Community Development Director Recommended Action: Authorize staff to solicit bids for the Aten Boulevard Class II Bike Lane project from Vilore Way to Austin Ra.
C-3. Accept Prop 68 Per Capita Grant Projects (5) as complete and authorize staff to record the Deed Restrictions.
Staff Report: Tony Lopez, Parks and Recreation Director Recommended Action: Accept the grant projects as complete and authorize staff to record the Deed Restrictions with the Imperial County Recorder's Office.
C-4. Approve Resolution No. 2024-08, Accepting the 2022-2023 State Citizen's Option for Public Safety (COPS) Allocation and Expenditure Plan.
Staff Report: Max Sheffield, Police Captain
Recommended Action: Approve expenditure plan and Resolution No. 2024-08, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL APPROVING
AND ACCEPTANCE OF STATE CITIZENS OPTIONS FOR PUBLIC SAFETY (COPS) PROGRAM FUNDING FOR FISCAL YEAR 2022-2023.
C-5. Approve and adopt the City's updated Records Retention Policy.
Staff Report: Katherine Turner, City Attorney
Recommended Action: Approve and adopt the updated Records Retention Policy Ciry of Imperial Council Agend g
March 20, 2024
C-6. Adopt Resolution No. 2024-09 authorizing the destruction of obsolete city records.
Staff Report: Katherine Turner, City Attorney
Recommended Action: Approve and adopt Resolution No. 2024-09 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF IMPERIAL AUTHORIZING THE
DESTRUCTION OF OBSOLETE CITY RECORDS
D. REPORTS:
D-1. Department Reports
D-2. City Manager Report
D-3. Mayor and Councilmember Reports
ADJOURNMENT:
The next regular scheduled meeting of the Imperial City Council is Wednesday, April 3, 2024.
City of Imperial Council Agenda
March 20, 2024
AFFIDAVIT OF POSTING
I, KRISTINA SHIELDS, City Clerk for the City of Imperial, California, DO HEREBY CERTIFY under penalty of perjury under the laws of the State of California, that the foregoing notice was posted at the City of Imperial City Hall bulletin board at 420 S. Imperial Avenue, Imperial, CA and on the City of Imperial's website not less than 72 hours prior to the meeting, per Government Code 54954.2.
Dated: March 15, 2024
KRISTINA SHIELDS
City Clerk
City of Imperial Council Agenda
March 20, 2024
B-1
Check Register Report
Date: 03/14/2024
Time: 4:07 pm
CITY OF IMPERIAL BANK: UNION BANK Page: 1
Check Check Status Void/Stop Reconcile Vendor Vendor Name Check Description Amount Number Date Date Date Number
UNION BANK Checks
716127 02/28/24 Printed 735 ACADEMI AWARDS & 7769 77401 27.06
TROPHIES
116128 02/28/24 Printed 1642 ACME SAFETY & SUPPLY 160822-00 77167 7,036.25 CORP
116129 02/28/24 Printed 8105 ADAM CARPENTER TUITION REIMB. 76935 269.25 116130 02/28124 Printed 8422 ADRIANA ANGUIS 9325-0045/642 W BREWER #52 301.38 116131 02/28/24 Printed 1021 AGGREGATE PRODUCTS, 5657477166 597.67 INC.
116132 02/28/24 Printed 8416 ALLEN PRECISION INV/2024/00727 77461 127.55
EQUIPMENT,
116133 02/28/24 Printed 195 ALLIED WASTE 0467-001700855 SWEEP 77188 16,375.66 116134 02/28/24 Printed 884 ALPHA SITE LOGISTICS 123530 77248 527.13 116137 02/28124 Printed 5956 AMAZON CAPITAL SERVICES 1DQ4-C699-37MJ 77256 5,758.59 116138 02/28/24 Printed 6306 AMERICAN FIDELITY D691655 FEB 2024 76849 5,357.64
ASSURANCE
116139 02/28/24 Printed 1338 AMERICAN RED CROSS 22601714 77501 90.00 116140 02/28/24 Printed 656 AQUA METRIC INV0099239 77165 19,275.26 116141 02/28/24 Printed 8427 ASHLEE CURTIS 9968-3113/498 TRESHILL#228 231.70 116142 02/28/24 Printed 1851 AT&T LONG DISTANCE 338-371-6557 2/16/24 113.98 116144 02/28/24 Printed 4400 BABCOCK LABORATORIES, LB40008-8203 77170 1,322.86 INC.
116145 02/28/24 Printed 7493 BACK FLOW PARTS USA 187198 77250 179.66 116146 02/28/24 Printed 8418 BAILEY VILLA 9998-4136/480 TRESHILL#181 226.55 116147 02/28/24 Printed 6069 BAKER DISTRIBUTING DX55654 77173 4,009.57
COMPANY LLC
116148 02/28124 Printed 7146 BEAR ELECTRICAL 2144377168 83,679.30
SOLUTIONS
116149 02/28124 Printed 250 BLUE SHIELD OF CALIFORNIA 240430240662 MAR 2024 76850 44,266.18 116151 02/28/24 Printed 7158 BLUETARP FINANCIAL, INC. G71901/5 77081 1,590.13 116152 02/28/24 Printed 8296 BRAWLEY ANALYTICAL, INC. INV-000152 77172 180.00 116153 02/28/24 Printed 674 BRENNTAG BPI407198 77171 11,643.38 116154 02/28/24 Printed 6286 BURKE, WILLIAMS & 315540 76931 4,292.00
SORENSEN, LL
116155 02/28124 Printed 1747 CALIFORNIA ASSOCIATION 200028579 77459 60.00 OF
116156 02/28124 Printed 455 CALIFORNIA STATE 2/23/24 1,032.91
DISBURSEMENT
116157 02/28124 Printed 3669 CANON 32058486 77552 1,520.66 116158 02/28/24 Printed 8434 CASSANDRA MARCACCIO 9959-8028/294 CANON 81.26 116159 02/28/24 Printed 3329 CI-SOLUTIONS 00020108 77071 348.72 116160 02/28/24 Printed 7803 CIVICPLUS, LLO 292575 77406 3,202.50 116161 02/28/24 Printed 6222 CODE EXXPERTS, LLC 2024-0004 77091 766.79 116162 02/28124 Printed 663 CONTROL SYSTEMS 2024-0111 77174 7,744.00
ENGINEERING
116163 02128/24 Printed 514 CORE & MAIN LP T865132 77175 25,660.23 116164 02/28/24 Printed 132 COSTCO WHOLESALE 44498 77247 213.98 116166 02/28/24 Printed 6857 COUNTY MOTOR PARTS CO, 559148 77242 1,276.08 116167 02/28124 Printed 3135 COUNTY OF SAN DIEGO, RCS 24IMPCPDN07 77350 1,197.00 116168 02/28/24 Printed 3132 D&R SUPPLY 10521 77510 3,158.64 116169 02/28/24 Printed 3403 DANIELS TIRE CORPORATE 227061782 77178 47.42 ADMIN
116170 02/28124 Printed 607 DAVE BANG & ASSOCIATES, CA55063 77504 9,790.55 116171 02/28/24 Printed 8421 DEBORAH CORNELL 9923-0060/180 W 2ND 187.43 116172 02/28/24 Printed 1573 DEPARTMENT OF JUSTICE 711223 77346 132.00 116173 02/28/24 Printed 7094 DOOLEY ENTERPRISES, INC 67318 77347 1,170.17 116174 02/28124 Printed 7939 DXP ENTERPRISES, INC 54179160 77177 4,680.48 116175 02/28/24 Printed 207 EL CENTRO MOTORS 6354554/1 77349 485.35 116176 02/28124 Printed 019 FERGUSON ENTERPRISES, 3281324 77182 852.98 LLC
116177 02128124 Printed 7145 FERGUSON WATERWORKS 0845719 77183 3,635.95 #1083
Check Register Report
Date: 03/14/2024
Time: 4:07 pm
CITY OF IMPERIAL BANK: UNION BANK Page: 2
Check Check Status Void/Stop Reconcile Vendor Vendor Name Check Description Amount Number Date Date Date Number
UNION BANK Checks
716178 02/28/24 Printed 314 FRANCHISE TAX BOARD 2123/24 922.40 116179 02/28/24 Printed 8420 HARRIET L. SCOTT 9981-0835/113 S E 139.21 116180 02/28/24 Printed 2181 HARRIS COMPUTER INHMN0000305 77092 25,499.55
SYSTEMS
116181 02/28/24 Printed 8055 HERITAGE AT DAHLIA RANCH, 9827-0025/492 PINTO 139.63 02/28/24 Printed HERRERA & ASSOCIATES 1292 77555 22.420.00 116182 8399
116183 02/28/24 Printed 3039 HOLTVILLE TRIBUNE 0101424 77462 252.00 116184 02/28/24 Printed 2096 HOME DEPOT CREDIT 973728 77513 6,558.34
SERVICES
116185 02/28/24 Printed 4271 HUMANE SOCIETY OF COLORFEST PROCEEDS 77505 3,000.00
IMPERIAL
116186 02/28/24 Printed 8423 IAN ADAME 9939-0570/423 CONESTOGA 102.12 116188 02/28/24 Printed 3205 IMPERIAL COUNTY SHERIFFS 12253 SCHLEYER 77603 44.00 DEPT.
116189 02/28124 Printed 028 IMPERIAL IRRIGATION FEBRUARY 16, 2024 14,239.04
DISTRICT
116190 02/28/24 Printed 102 IMPERIAL POLICE OFFICERS 2/23/24 1,100.00 ASSN.
116191 02/28/24 Printed 3187 IMPERIAL TRUSS & LUMBER B66354 77507 1,165.97 116192 02/28/24 Printed 350 IMPERIAL VALLEY PAINT 397034B 77358 94.50 CENTER
116193 02/28/24 Printed 1555 IMPERIAL VALLEY PRESS 303476 77403 157.40 116194 02/28/24 Printed 1587 JADE SECURITY SYSTEMS, 0209071 FEB & MARCH 2024 77271 119.98 116196 02/28/24 Printed 8426 JENNIFER VASQUEZ 9819-0340/617 SHEFFIELD 109.00 116198 02/28/24 Printed 8425 JESSICA & LUIS MANSILLA 9924-0241/2733 MEADOWBROOK 103.19 116199 02/28/24 Printed 8429 JOHN REYES 9998-3012/498 TRESHILL#104 132.76 116200 02/28124 Printed 8430 JOYCE LO 9819-0001/675 SKYVIEW 93.61 116201 02/28124 Printed 868 K-C WELDING & RENTALS, 191018 77353 2,134.41 INC.
116202 02/28/24 Printed 2901 KIMBALL MIDWEST 101869231 77354 88.51 116203 02/28/24 Printed 8417 KOBUS INC. 500-665 76251 79,794.26 116204 02/28124 Printed 1647 LA BRUCHERIE IRRIGATION 277545c 77240 3,199.18 SUPPLY
116206 02/28/24 Printed 427 LEAGUE OF CA CITIES 1922 77400 350.00 116207 02/28/24 Printed 1996 LEE TIRE CO. 395133 77241 624.74 116208 02/28/24 Printed 101 LINCOLN LIFE 2/23/24 767.00 116209 02/28/24 Printed 8431 LIZETT Y TORRES GARCIA 9825-0269/670 LAS LOMAS 77.86 116210 02/28/24 Printed 1918 LYNN PEAVEY COMPANY 407414 77327 349.66 116211 02/28/24 Printed 2028 MAD GRAPHIX INC. 7298 77093 1,698.14 116212 02/28/24 Printed 260 MALLORY SAFETY AND 5813999 77197 58.19
SUPPLY LLC
116214 02/28/24 Printed 8435 MICHAEL CORTEZ 3/10/24 - 3/13/24 241.50 116215 02/28124 Printed 1190 MISSIONSQUARE - 304257 2/23/24 416.40 116216 02/28/24 Printed 8314 MOTION INDUSTRIES, INC AZ54-00792181 77198 243.71 116217 02/28/24 Printed 4475 MOTOROLA SOLUTIONS, INC 8281783245 77340 1,476.09 02/28/24 Printed 7992 MUNITEMPS 130374 77556 15,200.00
02/28/24 Printed 2295 NEW BORDER TACTICAL, INC A203794 77600 357.71 116220 02/28/24 Printed 2510 NTU TECHNOLOGIES, INC. 12643 77196 11,925.00 116221 02/28/24 Printed 079 ONE SOURCE DISTRIBUTORS S7379868.001 77193 8,294.01 116222 02/28/24 Printed 4482 OPENGOV, INC. INV12425 77086 24,400.00 116223 02/28/24 Printed 8432 OSCAR MEZA 9914-1570/263 CANCUN 81.80 116224 02/28/24 Printed 219 PADRE USA 27957 77191 561.26 116225 02/28124 Printed 1776 PRECISION ELECTRIC CO. 0112130-IN 77192 441.78 116226 02/28/24 Printed 6710 PREMIER RENTALS COLORFEST -BALANCE 77500 120.00 116227 02/28124 Printed 2782 PRINCIPAL LIFE INSURANCE 1044724-10001 MARCH 2024 77551 5,748.44 COMP
116228 02/28/24 Printed 694 REXEL OF AMERICA, LLC S138623481.001 77187 492.72 116229 02/28/24 Printed 1637 ROMEO'S CAR WASH JANUARY 2024 77331 264.00 Check Register Report
Date: 03/14/2024
Time: 4:07 pm
CITY OF IMPERIAL BANK: UNION BANK Page: 3
Check Check Status Void/Stop Reconcile Vendor Vendor Name Check Description Amount Number Date Date Date Number
UNION BANK Checks
116230 02/28124 Printed 3526 3329825-00 77189 1,172.89
116231 02/28124 Printed 8433 SAN DIEGO HORSE RENTALS 3/23124 DEPOSIT 77237 2,020.00 116232 02/28124 Printed 3975 SU MESTER OF 76331 77190 1,704.43 116233 02/28124 Printed 979 SELLERS PETROLEUM 0722273-IN 77185 4,061.43 116234 02/28/24 Printed 8428 SHANE GUARDADO 9998-4143/480 TRESHILL#280 28.45 116235 02/28/24 Printed 1239 SHERWIN-WILLIAMS 6677-577339 42.45 116236 02/28/24 Printed 5706 SHI INTERNATIONAL CORP B17973130 77080 9,130.41 116237 02/28/24 Printed 3262 SIMNSA HEALTH PLAN 126762 MARCH 2024 76848 12,499.88 116238 02/28124 Printed 8424 SINCLAIRE MAYS 9976-1740/125 W BARIONI#314 132.15 116239 02/28/24 Printed 7623 STERICYCLE, INC. 8006135007 JAN. 2024 77553 100.04 116240 02/28/24 Printed 7991 STORWISE-IMPERIAL 4637 77502 217.00 116241 02/28/24 Printed 6416 SUN DATA SUPPLY 442349 77186 580.40 116242 02/28/24 Printed 068 SUNBELT RENTALS, INC. 148061764-0002 77239 4,090.00 116243 02/28124 Printed 1265 SUPERIOR READY MIX 406992 77511 1,839.44
CONCRETE LP
116244 02/28124 Printed 7944 SURE-CLOSE INC. 3149 77464 5,100.00 116245 02/28/24 Printed 5100 SWARCO MCCAIN, INC ORD004567601 76874 3,715.25 116246 02/28124 Printed 104 2/23124 1,696.00
116247 02/28/24 Printed 7443 2/23/24 1,077.72
116248 02/28124 Printed 5855 3529 77457 270.00
116249 02/28/24 Printed 3229 TIM GADDIS 9997-1270/280 SN 120.73 116250 02/28/24 Printed 8419 TONY DAVIS 9910-0801/655 SILVERWOOD 113.52 116251 02/28/24 Printed 7708 TUCKER MINI STORAGE MARCH 2024 77508 125.00 116252 02/28/24 Printed 6883 174283916 77336 26.86
116253 02/28/24 Printed 2008 UNITED PARCEL SERVICE Y00924064 2/20/24 82.52 116254 02/28/24 Printed 944 2/23/24 6.00
116255 02/28/24 Printed 611 9955988982 978.32
116256 02/28/24 Printed 5674 WAGEWORKS, INC INV6222283 FEB 2024 76936 117.80 116257 02/28/24 Printed 487 XPRESS LUBE 201360 77244 235.28 116378 03/14/24 Printed 7601 3 STAR INC 75078 76691 11,983.00 116379 03/14/24 Printed 7984 ABC SUPPLY CO. 5819419177515 67.58 116380 03/14/24 Printed 1642 161695-00 77727 1,370.45
116381 03/14/24 Printed 1618 120994 77610 242.00
116382 03/14/24 Printed 717 ADRIANA GONZALEZ 9974-0140/605 W 14TH 83.09 116383 03/14/24 Printed 8441 ADRIENNE DURSO 9714-1281/285 CANCUN 56.48 116384 03/14/24 Printed 1021 AGGREGATE PRODUCTS, 56836 77378 5,279.73 INC.
116385 03/14/24 Printed 566 AL'S TRANSMISSION 1885 77801 436.56
SERVICE
116386 03/14/24 Printed 7088 ALICIA F. QUINONES 9924-0240/2720 MEADOWBROOK 49.43 116387 03/14/24 Printed 7210 ALISON DIAZ 9998-4122/480 TRESHILL#267 131.51 116388 03/14/24 Printed 638 ALL AMERICAN CLEANING COI 2401 77714 260.76 116389 03/14/24 Printed 2357 ALL VALLEY FENCE AND 23-5852 77265 300.19
MATERIALS
116390 03/14/24 Printed 8416 ALLEN PRECISION INV/2024/01075 77485 44.06
EQUIPMENT,
116391 03/14/24 Printed 195 ALLIED WASTE FEBRUARY 2024 77560 165,643.85 116393 03/14/24 Printed 5956 AMAZON CAPITAL SERVICES 112-1055473-6665828 77477 4,159.34 116394 03/14/24 Printed 8436 ARENADO & ISMAEL 9924-0244/2737 MEADOWBROOK 44.50 116395 03/14/24 Printed 2850 ANCON T-384435 77732 2,072.26 116396 03/14/24 Printed 8454 ANNETTE RIVERA 9725-0125/642 W BREWER#13 147.73 116397 03/14/24 Printed 656 AQUA METRIC INVO100200 77817 27,405.47 116398 03/14124 Printed 2081 ARAMARK UNIFORM FEBRUARY 2024 4,040.05
SERVICE
Check Register Report
Date: 03/14/2024
Time: 4:07 pm
CITY OF IMPERIAL BANK: UNION BANK Page: 4
Check Check Status Void/Stop Reconcile Vendor Vendor Name Check Description Amount Number Date Date Date Number
UNION BANK Checks
116399 03/14/24 Printed 1066 AT & T 21374819 999.24
116400 03/14/24 Printed 1851 AT&T LONG DISTANCE 760-355-1158 3/1/24 1,797.93 116401 03/14/24 Printed 8279 AT&T MOBILITY 28732601981X03042024 1,245.12 116402 03/14/24 Printed 5994 AUTOZONE INC. 4187662853 77619 249.81 116405 03/14/24 Printed 4400 COCK LABORATORIES. CL30696-8203 77355 5,658.25 116406 03/14/24 Printed 732 BAKER & TAYLOR BOOKS 2038109360 77264 4,515.05 116409 03/14/24 Printed 7158 BLUETARP FINANCIAL, INC. G78277/5 77750 2,879.95 116410 03/14/24 Printed 7808 BOOT BARN HOLDINGS INVO0343760 R. ARGUELLEZ 75671 326.36 116411 03/14/24 Printed 8296 BRAWLEY ANALYTICAL, INC. 0203 77730 2,602.50 116412 03/14/24 Printed 674 BRENNTAG BP|409961 77380 4,391.97 116413 03/14/24 Printed 8181 BRIZEYDA SANTOS TEEN MAKER 114-3128/2024 77288 750.00 116414 03/14/24 Printed 7478 C & RASSOCIATES, INC 2024.5702 77466 4,163.75 116415 03/14/24 Printed 4029 CABLES PLUS 141163 77658 1,407.32 116416 03/14/24 Printed 455 CALIFORNIA STATE 3/8/24 1,032.91
DISBURSEMENT
116417 03/14/24 Printed 8451 CESAR LUNA 03/06/2024 15.75 116418 03/14/24 Printed 5340 CHRISTIAN TORRES 3/17/24 - 3/22/24 367.50 116419 03/14/24 Printed 6222 CODE EXXPERTS, LLC 2024-0005 77096 766.79 116420 03/14/24 Printed 1132 COMPUTERSHARE IMPEWFR194/15/24 77563 455,440.48
CORPORATE
116421 03/14/24 Printed 8440 CONNIE AGUILAR 9991-0220/314 S D 60.98 116422 03/14/24 Printed 2676 CONSTANCIO S. TORRES CLASSES FEBRUARY 2024 77526 80.50 116423 03/14/24 Printed 784 CONTROL PARTS FC 288 77565 517.79 116424 03/14/24 Printed 663 CONTROL SYSTEMS 2023-0714 77742 1,078.00
ENGINEERING
116425 03/14/24 Printed 1744 CONVEYOR GROUP 11040 77414 240.00 116426 03/14/24 Printed 514 CORE & MAIN LP U478827 77812 3.120.95 116428 03/14/24 Printed 6857 COUNTY MOTOR PARTS CO. 559581 77733 914.69 116429 03/14/24 Printed 3135 COUNTY OF SAN DIEGO, RCS 24IMPCPDN08 77608 1,197.00 116430 03/14/24 Printed 6558 CS-AMSCO 19350 77710 901.34 116431 03/14/24 Printed 1302 DAVID TURCH & ASSOCIATES MARCH 2024 5,000.00 116432 03/14/24 Printed 1056 DELL MARKETING L.P. 10734134007 77097 227.61 116433 03/14/24 Printed 2815 DEVELOPMENT JAN 1-FEB 29, 2024 77413 6,781.25
MANAGEMENT GROUP
116434 03/14/24 Printed 7094 DOOLEY ENTERPRISES, ING 67356 77616 1,364.96 116435 03/14/24 Printed 4203 DUDLEYS 136F BBB 3123124 76986 445.50 116436 : 03/14/24 Printed 7939 DXP ENTERPRISES, INC 54228792 77395 23,843.64 116437 03/14/24 Printed 517 DYNAMIC CONSULTING 392523.04 77479 47,687.50
ENGINEERS
116438 03/14/24 Printed 8448 EDGAR DURAN CORONADO 9925-0326/655 LAS DUNAS 144.73 116439 03/14/24 Printed 207 EL CENTRO MOTORS 5216488 77747 148.48 116440 03/14/24 Printed 8447 EL CENTRO ROCK SUPPLY 0043534 77527 2,297.77 116441 03/14/24 Printed 8450 ELEVEN WESTERN 9958-0870/830 N IMPERIAL 1,704.23
BUILDERS INC
116442 03/14/24 Printed 8355 EMMA LEAL TEEN MAKER 1/4-128/2024 77258 750.00 116443 03/14/24 Printed 8064 ENTERPRISE FLEET 575205A-030524 77566 12,663.31 MANAGEMENT.
116444 03/14/24 Printed 019 FERGUSON ENTERPRISES, CM291192 77656 349.83 116445 03/14/24 Printed 7145 HERGUSON WATERWORKS 0834845 77394 1,228.30 116446 03/14/24 Printed 1480 FILTER SERVICE & SUPPLY 85682 77393 378.00 116447 03/14/24 Printed 5134 FORENSIC DRUG TESTING 2024-0452 76940 158.95
SERVICES
116448 03/14/24 Printed 314 FRANCHISE TAX BOARD 318/24 792.93 116449 03/14/24 Printed 8453 GABRIELLA COTA 9968-3026/498 TRESHILL#257 223.30 116450 03/14/24 Printed 8264 GALLAGHER BENEFIT 2024028770 76941 19,260.00
SERVICES INC
116451 03/14/24 Printed 8354 GEORGINA ABRICA TEEN MAKER 1/4-3128/2024 77286 750.00 Check Register Report
Date: 03/14/2024
Time: 4:07 pm
CITY OF IMPERIAL BANK: UNION BANK Page: 5
Check Check Status Void/Stop Reconcile Vendor Vendor Name Check Description Amount Number Date Date Date Number
UNION BANK Checks
116452 03/14/24 Printed 6081 GOLD COAST 13880 77359 5,975.00
ENVIRONMENTAL
116453 03/14/24 Printed 4456 GRAFFIK SCREEN PRINTING 2130 77512 1,330.71 116454 03/14/24 Printed 7720 GREEN RUBBER-KENNEDY 1-103547 77705 1,135.22 116455 03/14/24 Printed 117 HAAKER EQUIPMENT C4A13B 77392 1,654.61
COMPANY
116456 03/14/24 Printed HEALTHAND HUMAN E0314485 APRIL 2024 76942 144.44
RESOURCE
116457 03/14/24 Printed HERRERA & ASSOCIATES 1294 77567 23,895.00 116458 03/14/24 Printed HINDERLITER, DE LLAMAS & SIN036352 77571 1,331.51 116459 03/14/24 Printed HOME DEPOT CREDIT 1021574 77484 847.07
SERVICES
116460 03/14/24 Printed HOWES, WEILER LANDY 15.07.13 77482 997.50 116461 03/14/24 Printed HUMANE SOCIETY OF FEBRUARY 2024 77620 3,055.00
IMPERIAL
116462 03/14/24 Printed lAPE L1991873 77621 65.00
116463 03/14/24 Printed ILLIANA ESTRADA TEEN MAKER 1/4-3/28/2024 77289 750.00 116464 03/14/24 Printed IMPERIAL COUNTY JAN. 1-DEC. 31. 2023 77564 32,285.81
AUDITOR-CONTRO
116465 03/14/24 Printed IMPERIAL COUNTY FIRE FEBRUARY 2024 77408 124.291.81 DEPT.
116466 03/14/24 Printed IMPERIAL COUNTY PUBLIC 23841 77357 1,040.00 HEALTH
116467 03/14/24 Printed IMPERIAL IRRIGATION MARCH 7, 2024 72,392.66
DISTRICT
116468 03/14/24 Printed IMPERIAL IRRIGATION 3139598 3/11/24 2.228.00
DISTRICT
116469 03/14/24 Printed IMPERIAL LANDFILL-4136 4136-000021248 77361 3,948.55 116470 03/14/24 Printed IMPERIAL POLICE OFFICERS 3/8/24 1,100.00 ASSN.
116471 03/14/24 Printed IMPERIAL PRINTERS 24-510 77615 1,560.88 116476 03/14/24 Printed IMPERIAL TRUSS & LUMBER B67084 77805 3,062.07 CO.
116477 03/14/24 Printed 7777 IMPERIAL VALLEY AIR 2599 77391 1,100.00
CONDITIONI
116478 03/14/24 Printed 7147 IMPERIAL VALLEY CHRYSLER 78973 77734 520.76 116479 03/14/24 Printed 2099 IMPERIAL VALLEY 3590 76943 764.00
OCCUPATIONAL M
116480 03/14/24 Printed 350 IMPERIAL VALLEY PAINT 397625B 77657 89.20 CENTER
116481 03/14/24 Printed 5033 INFO SEND INC. 257727 77569 1,806.74 116482 03/14124 Printed 8178 JETT DAVIS TEEN MAKER 1/4-3/28/2024 77287 750.00 116483 03/14/24 Printed 8141 JGC GOVERNMENT 1856 77409 3,000.00 RELATIONS, INC.
116484 03/14/24 Printed 008 JIM REITER'S LOCKSMITH & 275438 77613 733.33 SAFE
116485 03/14/24 Printed 6046 JNE POLYGRAPH LLC 1811 77611 425.00 116486 03/14/24 Printed 500 JONES BROTHERS GLASS 34499 77266 6,711.69 CO.
116487 03/14/24 Printed 642 JORDAN CENTRAL P18816 77366 52,905.84 IMPLEMENT CO.
116488 03/14/24 Printed 8452 JOSE SERVIN 03/06/2024 15.75 116489 03/14/24 Printed 2245 JULIAN PIE COMPANY BBB PIES 3/23124 76995 4,237.50 116490 03/14/24 Printed 7751 JUNIOR'S CAFE INC. 13-15949-1 BALANCE 77217 561.75 116492 03/14/24 Printed 868 K-C WELDING & RENTALS, 193099 77748 2,145.24 NC.
116493 03/14/24 Printed 2901 KIMBALL MIDWEST 101954742 77370 1,274.28 116494 03/14/24 Printed 8446 KRISTIN O'LEAR 26 FEBRUARY 2024 77269 800.00 116495 03/14/24 Printed 1647 LA BRUCHERIE IRRIGATION 278788C 77533 1,485.81 SUPPLY
116496 03/14/24 Printed 8442 LAURA CRUZ 9819-0445/622 BOLEY FIELD 31.02 116497 03/14/24 Printed 6596 _C ENGINEERINC 2236 76533 1,360.00
CONSULTANTS INC
Check Register Report
Date: 03/14/2024
Time: 4:07 pm
CITY OF IMPERIAL BANK: UNION BANK Page: 6
Check Check Status Void/Stop Reconcile • Vendor Vendor Name Check Description Amount Number Date Date Date Number
UNION BANK Checks
116499 03/14/24 Printed 1996 LEE TIRE CO. 395712 77800 3,666.94 116500 03/14/24 Printed 788 LIEBERT CASSIDY 240322 77562 505.92
WHITMORE
116501 03/14/24 Printed 101 LINCOLN LIFE 318/24 767.00
116502 03/14/24 Printed 2028 MAD GRAPHIX INC. 7292 77809 193.95 116503 03/14/24 Printed 260 MALLORY SAFETY AND 5841958 77736 538.75
SUPPLY LLC
116504 03/14/24 Printed 6499 MARIO ROACHO BBB 3/23/24- BALANCE 77215 4,750.00 116505 03/14/24 Printed 4092 MARIO VALENZUELA 9623-0160/686 GRANITE 159.51 116506 03/14/24 Printed 7420 MATTHEW COTA 9924-0153/2700 MEADOWBROOK 29.24 116507 03/14/24 Printed 8439 MICHAEL SULLIVAN 9325-0099/642 W BREWER #103 69.88 116508 03/14/24 Printed 1190 MISSIONSQUARE - 304257 318/24 416.40 116509 03/14/24 Printed 776 MOSS, LEVY & HARTZHEIM 14956 77570 6,500.00 LLP
116510 03/14/24 Printed 7992 MUNITEMPS 130390 77572 15,200.00 116511 03/14/24 Printed 4481 O'REILLY 2687-459394 77749 613.62 116512 03/14/24 Printed 079 ONE SOURCE DISTRIBUTORS S7396647 77700 1,456.14 116513 03/14/24 Printed 6491 PARTY PALS G.P. 23941-1 BALANCE 76962 1,500.00 116514 03/14/24 Printed 8438 PATRICK & ASHLEY 9714-1470/259 PUERTO ESCONDIDO 174.53
PRECIADO
116515 03/14/24 Printed 084 PITNEY BOWES BANK INS 21257183 FERUARY 2024 77558 400.00 116516 03/14/24 Printed 6710 PREMIER RENTALS 3/23/24 BBB 77531 1,548.55 116517 03/14/24 Printed 1518 PROFORCE LAW 525154 77605 648.54
ENFORCEMENT
116518 03/14/24 Printed 133 RAIN FOR RENT 1929687 T7818 30.69 116519 03/14/24 Printed 1637 ROMEO'S CAR WASH FEBRUARY 2024 77607 431.00 116520 03/14/24 Printed 8443 ROSA MEDINA 9995-0180/320 W 12TH 41.85 116521 03/14/24 Printed 7343 ROVE ENGINEERING INC 6225 77729 9,250.82 116523 03/14/24 Printed 3526 RSD 3330794-00 77803 678.23 116524 03/14/24 Printed 2983 RUSH STEEL SUPPLY 46250 77703 174.56 116525 03/14/24 Printed 8380 SAGE GLOBAL BALANCE-3/23124 76972 2,500.00
ENTERTAINMENT
116526 03/14/24 Printed 8001 SALTCEDAR BARBECUE 107-1 BALANCE 77226 725.00 116527 03/14/24 Printed 8433 SAN DIEGO HORSE RENTALS 3/23/24 BALANCE 77238 2,020.00 116528 03/14/24 Printed 957 SC FUELS 2589963-IN 77374 795.00 116529 03/14/24 Printed 3975 SEAL MASTER OF 72008 77385 113,904.08
SOUTHERN
116530 03/14/24 Printed 979 SELLERS PETROLEUM CL36805 14,675.43 116531 03/14/24 Printed 8445 SENSUS USA INC. ZA23020893 77713 725.82 116532 03/14/24 Printed 281 SERRA COOPERATIVE 177 77752 430.00 116533 03/14/24 Printed 1239 SHERWIN-WILLIAMS 7346-6 77744 33.44 116534 03/14/24 Printed 2794 SIRCHIE ACQUISITION 0633571-IN 77617 27.00
COMPANY
116535 03/14/24 Printed 5257 SKM ENGINEERING LLC 27013 77386 1,707.50 116536 03/14/24 Printed 135 SOCALGAS 420 S IMPERIAL 1/10 - 218/24 60.78 116537 03/14/24 Printed 2365 SPARKLETTS 9440881 FEB24 486.39 116538 03/14/24 Printed 8039 STACY MENDOZA 3121/24 - 3/22/24 459.56 116539 03/14/24 Printed 7623 STERICYCLE, INC. 8006446214 77573 99.62 116540 03/14/24 Printed 6193 STRADLING YOCCA 404580 77407 1,746.50
CARLSON&RAUTH,
116541 03/14/24 Printed 068 SUNBELT RENTALS, INC. 150555005-0002 77519 1,968.86 116542 03/14/24 Printed 8385 TOMMY DRINKARD 10-1 BALANCE 76976 1,000.00 116543 03/14/24 Printed 4473 TRACTOR SUPPLY CO 200194969 77738 119.06 116552 03/14/24 Printed 5837 U.S. BANK SP 2121/24 77472 30,686.44 116553 03/14124 Printed 275 UNDERGROUND SERVICE 23-2424672 77559 320.42
ALERT OF
116554 03/14/24 Printed 2008 UNITED PARCEL SERVICE Y00924094 3/7/24 120.99 116555 03/14/24 Printed 944 UNITED WAY OF IMPERIAL 3/8/24 6.00 COUNTY
116556 03/14/24 Printed 8133 UNIVAR SOLUTIONS USA INC. 51771261 77707 6,965.64 Check Register Report
Date: 03/14/2024
Time: 4:07 pm
CITY OF IMPERIAL BANK: UNION BANK Page: 7
under Care Check Status Void/Stop Reconcile Vendor Vendor Name Check Description Amount Date Date Number
UNION BANK Checks
716557 03/14/24 Printed 8031 UNWIND & DESIGN CREATIVE 0000200 MARCH 2024 77299 1,600.00 116558 03/14/24 Printed 6313 US AIR CONDITIONING 6661883 77708 157.85 116559 03/14/24 Printed 1100 USA BLUEBOOK INVO0215991 77819 12,758.00 116560 03/14/24 Printed 8437 VALICIA JAZMIN 9723-0309/2658 OLIVENITE 24.04
ACUNA-GARCIA
116562 03/14/24 Printed 615 VALLEY PEST SERVICES, INC 14335483 1,322.00 116563 03/14/24 Printed 8444 VANESSA MENDOZA 9825-0165/681 BAHIA 44.87 116564 03/14/24 Printed 8150 VENCER PUBLIC AFFAIRS & 2,000.00 116565 03/14/24 Printed 611 VERIZON WIRELESS 9957348736 8,501.81 116566 03/14/24 Printed 1968 WESTAIR GASES & 0011792237 77387 381.23
EQUIPMENT
116567 03/14/24 Printed 1827 WILKINSON REAL ESTATE 9915-1275/215 NG 166.89 116568 03/14/24 Printed 487 XPRESS LUBE 201011 77371 165.27 Total Checks: 290 Checks Total (excluding void checks): 2,030,807.51 Total Payments: 290 Bank Total (excluding void checks): 2,030,807.51 Total Payments: 290 Grand Total (excluding void checks): 2,030,807.51 Agenda Item No. 10-2
DATE SUBMITTED 3/14/24 COUNCIL ACTION X)
CM office PUBLIC HEARING REQUIRED ()
SUBMITTED BY RESOLUTION ()
3/20/24 ORDINANCE IST READING ()
DATE ACTION REQUIRED ORDINANCE 2D READING ( )
CITY CLERK'S INITIALS
IMPERIAL CITY COUNCIL
AGENDA ITEM
SUBJECT: DISCUSSION/ACTION:
Ratify Letter of Support for AB 2757 (Garcia, Padilla) - Southeast California Economic Region
DEPARTMENT INVOLVED: City Manager
BACKGROUND/SUMMARY:
City of Imperial provided a letter of support for AB 2757.
Assembly Bill 2757 by Assembly Member Eduardo Garcia and Senator Steve Padilla would designate the Southeast California Economic Region for the purpose of aligning state and federal programs to benefit communities impacted by lithium and other mineral extraction and clean energy development. This bill also allows for regional collaboration to create a strategic plan for economic development in the region as the Blue-Ribbon Commission on Lithium Extraction in California deemed in their report's recommendations. AB 2757 will create an economic region that priorities and encourages the economic development of the Salton Sea region for the benefit of the surrounding disadvantaged communities.
FISCAL IMPACT: FINANCE
INITIALS UMS
There is no fiscal impact associated with the letter of support.
STAFF RECOMMENDATION:
Approve request. DEPT. INITIALS Ing
CITY
MANAGER's
MANAGER'S RECOMMENDATION: INITIALS
ajaprove
MOTION:
SECONDED: APPROVED REJECTED
AYES: DISAPPROVED DEFERRED
NAYES:
ABSENT: REFERRED TO:
CITY COUNCIL
Robert Amparano - Mayor
James Tucker - Mayor Pro-Tem
Ida Obeso-Martinez - Councilmember
Katie Burnworth - Councilmember
aImperial Stacy Mendoza - Councilmember
California
CITY CLERK
Kristina M. Shields
CITY MANAGER
Dennis H. Morita
March 13, 2024
CITY ATTORNEY
Katherine Turner
The Honorable Carlos Villapudua
Chair, Assembly Committee on Jobs, Economic Development, and the Economy 1021 O Street, Suite 6340
Sacramento, CA 95814
RE: AB 2757 (Garcia, Padilla) - Southeast California Economic Region - SUPPORT Dear Chair Villapudua and Committee Members:
City of Imperial writes in support for Assembly Bill 2757 by Assembly member Eduardo Garcia and Senator Steve Padilla which would designate the Southeast California Economic Region for the purpose of aligning state and federal programs to benefit communities impacted by lithium and other mineral extraction and clean energy development. This bill also allows for regional collaboration to create a strategic plan for economic development in the region as the Blue- Ribbon Commission on Lithium Extraction in California deemed in their report's recommendations.
"The City of Imperial strives to be an economically vibrant and culturally rich community with a strong sense of identity, pride and prosperity."
Economic regions in the United States promote economic development in distressed areas in the country. Currently, the Imperial Valley is grouped with San Diego as the Southern Border Region while the Eastern Coachella and Palo Verde Valleys are grouped together with the Inland Empire as part of the greater Southern California Region. Such division dilutes the interests and opportunities for constituents and developers in the Imperial, the Eastern Coachella, and Palo Verde Valleys. These Salton Sea communities all share the following hardships with each other more than they do with their current economic regional designations:
• Environmental and economic implications due to Salton Sea degradation. • Unemployment rates higher than the state average.
• Median income rates lower than the state average.
• Lack of infrastructure.
• Decreased local revenue.
420 SOUTH IMPERIAL AVENUE • IMPERIAL, CA 92251 • TEL (760) 355-4371 • FAX (760) 355-4718 • WWW.IMPERIAL.CA.GOV AB 2757 will create an economic region that prioritizes and encourages the economic covlumint of the Sallon Sea region for the benefit of the surounding disadvantaged We urge your "YES" vote when the measure is heard in your Committee.
Sincerely,
Robert Amparano
Mayor
City of Imperial
Assemblymember Eduardo Garcia, 36th Assembly District
AB XXXX - Southeast California Economic Region
Updated 2/12/24
BACKGROUND • Median income rates lower than the state
The Imperial, Eastern Coachella, and Palo Verde average.
Valleys face many of the same economic challenges. • Lack of infrastructure.
California's "Lithium Valley" located around these • Decreased local revenue. areas contains one of the largest and most
environmentally sustainable lithium reserves in the BILL SUMMARY world. By creating an economic zone around "Lithium This bill would:
Valley", there is a great opportunity to encourage • establish the Southeast California Economic economic development around these areas. Region, which will facilitate collaboration with state, federal, regional, and local
AB 1657 (E. Garcia 2020), established the Lithium organizations, entities, and governments on Valley Commission comprised of 14 members issues of mutual interest that advance the representing state agencies, private industry, local economy and quality of life of residents and government and environmental groups, as well as, businesses. government appointees. This commission was tasked • capture the full benefits of the Lithium Valley with exploring opportunities and challenges in renewable energy development hub, the developing the state's lithium industry and providing a southeastern desert valleys need a definitive report on its findings to the legislature. One of the economic development designation that recommendations being the creation of the South supports efficient resource attraction and Eastern Desert Economic Zone to advance economic fosters economic relationships between expansion around California's Lithium Valley. business, labor, and community. • Help the region compete for federal, state, and
ISSUE
local funding and investments.
Economic zones in the United States promote
economic development in distressed areas in the
SUPPORT
country.
Alianza
Currently, the Imperial Valley is grouped with San Comite Civico Del Valle Diego as the Southern Border Region while the Eastern Los Amigos Coachella and Palo Verde Valleys are grouped
together with the Inland Empire as part of the greater For More Information:
Southern California Region. Such division dilutes the Jesus Akin Gonzalez interests and opportunities for constituents in the Office of Assemblymember Eduardo Garcia [email protected] | (916) 319-2036
Imperial, Eastern Coachella, and Palo Verde Valleys.
These areas face hardships that are more alike than
their current economic zone designations such as:
• Environmental and economic implications due
to Salton Sea degradation.
• Unemployment rates higher than the state
average.
Agenda Item No. B - 3
DATE SUBMITTED 3/14/24 COUNCIL ACTION
(X)
CM office PUBLIC HEARING REQUIRED ()
SUBMITTED BY RESOLUTION ()
ORDINANCE IS READING ()
DATE ACTION REQUIRED 3/20/24 ORDINANCE 2ND READING
()
CITY CLERK'S INITIALS ()
IMPERIAL CITY COUNCIL
AGENDA ITEM
SUBJECT: DISCUSSION/ACTION:
Ratify Letter of Support for Senate Bill 1309 (Padilla) - Lithium Battery Production Council
DEPARTMENT INVOLVED: City Manager
BACKGROUND/SUMMARY:
City of Imperial provided a letter of support for SB 1309 Senate Bill 1309 by Senator Padilla would direct the California Energy Commission (CEC), in consultation with other state agencies, including the Governor's Office of Business and Economic Development (Go-Biz) and the California Workforce Development Board, to establish a Lithium Battery Production Council to conduct an economic analysis on workforce development needs, infrastructure needs, sewage and wastewater treatment, and housing needs for lithium battery production.
FISCAL IMPACT: FINANCE
INITIALS UMS
There is no fiscal impact associated with the letter of support.
STAFF RECOMMENDATION:
Approve request.
CITY
MANAGER's oxm
MANAGER'S RECOMMENDATION: INITIALS
appsove
MOTION:
SECONDED: APPROVED DPSAPPROVED 8 REJECTED
AYES: DEFERRED
NAYES:
ABSENT: REFERRED TO:
CITY COUNCIL
Robert Amparano - Mayor
James Tucker - Mayor Pro-Tem
Ida Obeso-Martinez - Councilmember
Katie Burnworth - Councilmember
"bomperial Stacy Mendoza - Councilmember
California CITY CLERK
Kristina M. Shields
CITY MANAGER
Dennis H. Morita
March 14, 2024
CITY ATTORNEY
Katherine Turner
The Honorable Steven Bradford
1021 O Street, Suite 3350
Sacramento, CA 95814
Re: Senate Bill 1309 (Padilla): Lithium Battery Production Council Dear Senator Padilla,
On behalf of the City of Imperial, I am pleased to offer our strong support of SB 1309, which would direct the California Energy Commission (CEC), in consultation with other state agencies, including the Governor's Office of Business and Economic Development (Go-Biz) and the California Workforce Development Board, to establish a Lithium Battery Production Council to conduct an economic analysis on workforce development needs, infrastructure needs, sewage and wastewater treatment, and housing needs for lithium battery production.
Imperial is a full-service municipality and anticipates it will be an important part of Imperial County's support of a developing lithium industry.
In 2023, a new report by Lawrence Berkeley National Lab estimated that there was more lithium than previously estimated, enough to support over 375 million batteries for electric vehicles - more than the total number of vehicles currently on U.S. roads.' Yet the region surrounding the state's vast lithium deposits has critical infrastructure gaps including a lack of bridges and roads and lack of communication and transportation infrastructure. As California seeks to power the future by producing lithium in a more sustainable and environmentally safer way than nearly anywhere else in the world, it is critical the state has a comprehensive strategy that secures California's global leadership in lithium battery manufacturing by preparing the region to meet the demands of sustaining a global industry.
1 California, State of. "New Report Highlights the Promise of Lithium Valley." California Governor, November 29, 2023. https://www.gov.ca.gov/2023/11/28/new-report-highlights-the-promise-of-lithium-valley/ 420 SOUTH IMPERIAL AVENUE • IMPERIAL, CA 92251 • TEL (760) 355-4371 • FAX (760) 355-4718 • WWW.IMPERIAL.CA.GOV For these reasons, SB 1309 (Padilla) would further City of Imperial's goal of addressing housing and other infrastructure associated with lithium development, and we are proud to support SB 1309 (Padilla)/and encourage your "aye" vote when it is heard in your committee.
Best regards,
Robert Amparano, Mayor
City of Imperial
32.24 CAPITOL OFFICE COMMITTEES
1021 O STREET, SUITE 6640 BUDGET SUBCOMMITTEE #4 ON
SACRAMENTO, CA 95814 STATE ADMINISTRATION AND
TEL (916) 651-4018 California State Senate GENERAL GOVERNMENT FAX (916) 651-4918
CHAIR
CHULA VISTA DISTRICT OFFICE
SENATOR MEMBER
303 H STREET, SUITE 200
CHULA VISTA. CA 91910 STEPHEN C. PADILLA AGRICULTURE
TEL (619) 409-7690
EIGHTEENTH SENATE DISTRICT BUDGET
EL CENTRO DISTRICT OFFICE GOVERNMENTAL ORGANIZATION
1224 STATE STREET, SUITE D
EL CENTRO, CA 92243 SENATE HOUSING
TEL (760) 335-3442 NATURAL RESOURCES AND WATER
WWW.SENATE.CA.GOV/PADILLA
SENATOR. PADILLA@ SENATE. CA.GOV
SB 1309 - Lithium Battery Production Council
Imperial County's Lithium Valley presents an enormous economic opportunity California. The Salton Sea has one of the largest reserves of lithium in the world, which could fulfill over one-third of the global demand for lithium. With the world demand for lithium expected to grow as much as tenfold in the next decade, the development of a domestic supply of lithium around the Salton Sea has the potential to unleash billions in economic opportunity, however the surrounding area lacks critical infrastructure to support the emerging industry.
In 2023, a new report by Lawrence Berkeley National Lab estimated that there was more lithium than previously estimated, enough to support over 375 million batteries for electric vehicles - more than the total number of vehicles currently on U.S. roads.' Yet the region surrounding the state's vast lithium deposits has critical infrastructure gaps including a lack of bridges and roads and lack of communication and transportation infrastructure. As California seeks to power the future by producing lithium in a more sustainable and environmentally safer way than nearly anywhere else in the world, it is critical the state has a comprehensive strategy that secures California's global leadership in lithium battery manufacturing by preparing the region to meet the demands of sustaining a global industry.
SB 1309 would direct the California Energy Commission (CEC), in consultation with other state agencies, including the Governor's Office of Business and Economic Development (Go-Biz) and the California Workforce Development Board, to establish a Lithium Battery Production Council to conduct an economic analysis on workforce development needs, infrastructure needs, sewage and wastewater treatment, and housing needs for lithium battery production.
Staff Contact
Name: Alexis Castro
Title: Legislative Director
Email: [email protected]
Capitol Office: (916) 651 - 4018
Support
' California, State of. New Report Highlights the Promise of Lithium Valley." California Governor, November 29, 2023. https://www.gov.ca.gov/2023/11/28/new-report-highlights-the-promise-of-lithium-valley/.
Agenda Item No. C-l
DATE SUBMITTED 03/13/2024 COUNCIL ACTION (x)
COMMUNITY PUBLIC HEARING REQUIRED ()
SUBMITTED BY DEVELOPMENT RESOLUTION ()
DIRECTOR
ORDINANCE IST READING ()
DATE ACTION REQUIRED 03/20/2024 ORDINANCE 2ND READING ()
CITY CLERK'S INITIALS ()
IMPERIAL CITY COUNCIL
AGENDA ITEM
SUBJECT: DISCUSSION/ACTION:
ATEN BLVD REHABILITATION PROJECT BETWEEN VILORE WAY AND OLD SR-86 CALTRANS PROJECT NO. STPL-5134(027)
1. AUTHORIZATION TO SEEK BIDS FOR THE CONSTRUCTION OF ATEN BLVD REHABILITATION PROJECT BETWEEN VILORE WAY AND OLD SR-86.
DEPARTMENT COMMUNITY DEVELOPMENT
INVOLVED:
BACKGROUND/SUMMARY:
City staff has secured an allocation to receive federal funding up to $1,137,000.00 through the Surface Transportation Block Grant (STBG) program for the above-referenced project. The City will be matching the funding in amount of $334,840.00 through LTA Measure D.
The scope of work includes, but is not limited to, the removal and disposal of portions of existing A.C. pavement and native material on designated areas, grinding of existing A.C. pavement on designated areas, overlay on designated areas (AC leveling course, Asphalt Rubber Aggregate Membrane (ARAM) and Gap-Graded Asphalt Rubber Hot Mix), double-adjusting existing sewer manholes, water valves, gas valves, and electrical boxes, installation of thermoplastic striping and high-visibility thermoplastic Class II Bike lanes, as well as the necessary traffic control around the construction zones. See Exhibit 1 attached herewith for details.
The Community Development Department is requesting authorization to seek bids for the construction of said rehabilitation project.
FISCAL IMPACT: ADMIN
SERVICES UMS
$1,137,000.00 from STBG. SIGN INITIALS
$334,840.00 from LTA Measure D.
STAFF RECOMMENDATION:
Authorize Community Development Department to seek bids DEPT. INITIALS OM through a competitive bidding process for the construction of Aten Bld Rehabilitation Project Between Vilore Way and Old SR-86, Caltrans Project No. STPL-5134(027).
MANAGER'S RECOMMENDATION: CITY
approve seepingg bras MANAGER's DAM
INITIALS
MOTION:
SECONDED: APPROVED REJECTED
AYES: DISAPPROVED DEFERRED
NAYES:
ABSENT: REFERRED TO:
EXHIBIT 1
ATEN BOULEVARD REHABILITATION VICINITY MAP NOI 1D SCALL BETWEEN VILORE WAY AND OLD SR 86
FEDERAL-AID PROJECT: STBGL 5134(027)
GENERAL NOTES:
SHEET INDEX ABBREVIATIONS
BRANTO THILE
TITLE SHEET
EC.1 IT CONCIONS PIAN
NOVAL OF ARE CO BETTER AN AE DID DOES NOT CONSTRUME DONIN CORKRETE
DATA CONCIONS MAN
CREDITION PLANS THORON CONTROL PLAN
DEN TINPLANS CROSION CONTROL PLAN
ATEN CASU
SUCKY MAN
SITE)
ROADWAY MISCELLANEOUS DETARS PLAN
ROACHUAY SECTIONS DETALS PLAN
SAUNING & STREANS PLAN
PA DHAULK
LEGEND: DECLARATION OF ENGINEER OF RECORD:
UNCTIONAL AND ACCEPTALE AL
EXISTING CONDITIONS
CITY COUNCIL & HEREIT DECLARE THAT THE DEMON OF THE INPROVEMENTS AS SHOWN ON THESE PLANS COMPLIES VATH
KATHERINE ILRONORTH MAYOR
ERITRO TRATE ICOP
COLACH MEUICH
DEMOLITION & TESC
CITY STAST
CONTRACTOR IS REGURED TO TAKE PRECAUTICHARY WEASURES TO PROTECT
CORD OR NOT BEEN THEIR ANY OTICA LASTED LINES NOT O
KRISTINA SHRED STRIPINGI
JACOE LOPERI
IMPROVEMENTS
TORET TOM COWS ACTRIAL NOTES THAT WAY BE REGURED FOR TRE DATI THE LIMITATION:
OF REALLOCATIONS E NEEDED UNDERGROUND UTILITIES NOTE:
ALL UNDENGHOUND STRUCTUNES OR UTRITIES REPORTED BY THE CHANER OR OTHERS AND THOSE SHOWN ON
TH RECORDS DAM DARED INTRAVALOCANADEN
EASTROPLE CROES CATTEN
SOURCES SHALL BE LOCATED VETHIN THE DECRATED RIGHT-OF WAY EASEMENT * HERE TO BE PAINE LATE, DESTING ROMA MOLES ALLOCATED OUTSOE INDELATED ON THE PURA, HECORDS ANNED LOLATED AT VARLANCE WITH THAT REPORTED OR SHOWN ON
PORTABLE RESTROOMS SHALL BE CLEANED ON A WEEKLY BASES MONUMENTS
ALL MO IT KID FOR THE OCEAN ON CONSTRUCTION OF THE TONIO ONE ONE A COMES OLD MONMENT &I
CONSTRUCTION MATS POST AN OR SOUTH COLORA FO PAILA WITH VASHER TAGED ACE SAL, ACCEPTED AN CONSCA ALFORE STARTING WORK
12. ALL BRUNS TO BE ALLAVIRA WITH DU HECH INTENSITY TYPE REFLECTIVE FACE OR ADJUSTED NAD 83 GEODETIC POSITIN X + 8760 251.28, Y= 128084424 CALL UNCERURDUND SERVICE ALERT (USA) 1800-4224133 OR 811 AT LEAST 2 WORKIND DAYS POOR TO
EXCAVAIN
13 CONTRACIOR LL BE RESPONSAILE FOR THE REPLACEMENT OF ANY STIFIND
PACE WALKERS OR LEGINOS CRLITERATED & THE CONSTRUCTRONCE THE PROJECT DESCRIPTION
14. THE CONTRACTOR SHALL DO ALL IEW STRIP AND HYDROBLASTING OR FD PENAL VITH WASHER TAOGED ACE 2B4? ADJUSTED NAO 83 GEODETIC POSITION X + 8780251.40 Y= 189081403 GRINCING AC PAVEMENT, PLACING IMA LEVELINO COURSE INSTALI ARE STANDON RUN BATE ON BOTH SOES OF ATEN BLVD. NEW
DEBARE FOR SOUTH COLONEL FD AX MAL TALOED RCE ALL ACCEPIED AN CONNER TACT AGA THE WORK INCILES, PRIOR TO THE START OF CONSTRUCTION THE COORGIJATION BETWEEN THE CITY OF ADASTED NAO &I GEODETIC POLITION X + 678400404 Y- 1030831.44
SHALL BE PAO BY CITY
MON WENT 34
RELATESA REPARE FOR SOUTH COLOMA FOE MAL TAOGE RCE WITNEES ATMES CO MONE WORNWCOR ATE TEN AND NORTH A STREET OXTLED AT THE FOLLOWANO LOCATION CITY OF IMPERIAL SHOP SITE LOCATED 16 NO REVISIONS OF ANY KIND SHALL BE MADE TO THESE PLANS WITHOUT THE PRIOR ASPHALT AND CONCRETE DEMOLITIONS DEBRIS SHALL DE HECYCLED OR DIVERTED AS REQURED BY THE CITYS
ENGINEER OF RECORD APPROVED BY DIRECTOR OF PURIC SERVICES DEPARTUEMT CITY OF IMPERIAL MOOIFICATION TO BIKE LANE STRING 12521 DRAVALEN GRANNIGNO T-1 41221 PLANS PREPAREDUNES THE SLORITSONOR
INPHOVEVENT PLANS
DESION BY EXIE
TITLE SHEET
Get it ENGINEERING "Informal DATE
ROBERTO C MARTINEZ JACKE LOPER
FEDERAL AD PROJECT STBOL 5134027) SEET NE 1 org
EXHIBIT 1
PETUAL VALLE SAN DECO
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EXISTING FACILITY NOTES EXISTING LEGEND
EXISTING MONUMENTS LOCATION • EXISTING PEE CURS & GUTTER @DISTING TRAITE 1O0D
STRUPCC CUMBAGUTTER
COORDINATES EXISING PCC CUAS @EXSTAG LID RACATION CHANEL DISTRO WATER VALVE ERSTRO PICC. CURS
VONUMENT WELL
GO EASING BED. UNDERGAOUND DISTINO FIRE HYDRANT
MONAMENT •I 670025738 180311234 85-1870 EXISTING REC CROSS GUTTER DISING SICAN CARPI CATCH RAGA T 676025140 18808680365-1282 EXISTING SONER MANACLE LASTING ASPHAL TIC PAVEMENT DISTR STORN DRAEL MANHOLE (EXISTING MONUMEN DISTINO STREET LAMES CASTING BE DENO
MONUMENT AC
1675783071 16030390 5502609 EXISTING STORM ORAN CATCH BASE
EXISTING STORM CRANI MANACIE
NOTE SEE MONVENT SCRIPTION ON THILE SHEET RISING TRAIEKIOOH
DIG ALERT KEY MAR
EXEINORIO POWER POT
CUSTINO STREET LAPS ALTHOR WAY
EXISTING TRAINIC LINT ATEN B. VO CENTER IN
EXISTING SEEN GRAPHIC SCALE
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ENGINEER OF RECORD APPROVED BY DIRECTOR OF PULIC SERVICES DEPARTMENT CITY OF IMPERIAL MOCHFICATION TO BIKE LANE STRIPED RM GE.
PLANS PREPARED UNDER THE SUPERVISICN ON
BR-DRAWNS BSUEDFOK REVIEWH 6.1823
DESON SY OE EXISTING CONDITIONS PLAN
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CHECK BY ENGINEERING DATE 106277
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PA-DRAWNO GOUED FOR HEVIEW 227.23
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EXHIBIT 1
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60+0
0-0
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VI TOWNT AND AUTO REPAR
TOWING NC LISA TUCKER
CaNiEh
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69÷57 8-0:
SEE
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RENTALS
AMMADAS PrICOUCE OUnET
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EXISTING FACILITY NOTES EXISTING LEGEND
EXISTING MONUMENTS LOCATION
* EASTING POC CURB A GUTTER @EISTNG TRAFE LOOP DIST SEVEN NASHOLE COORCINATES @ DISTRO LID IRRIGATION CHANNEL DISTINO WATER VALVE EXISTING P.C C. CURB GO DISTROID. UNDLHGHOUND
MONLMENT #1 6769.257.25 182001634 65+15.70 EXISTINO RC.C. CROSS CUTTER DISTING STORM DRAN CATCH BASIN EISTING P.C.C. SIDEWALK
CHANNEL
MONUMENT KE 660 251.40 138084403 65•12.82 EXISTINO SEWER MANHOLE EASTING ASPHALTIC PAVEVENT DISTEN STREN DRAN VANHOLE EXISTING PIC C. CROSS GUTTER 1880836.14 5248543
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MONUMENT BE BOSTING BUILDING
6767035711380 638.0051-08.01 EXISTING STORM DRAIN CATCH BASIN DUSTENG MONUMENT DISTING TRAFFIC LIGHT
ESTIVE CHEVENA
NOTE SEE MONUMENT DESCRIPTION ON TITLE SHEET EXISTING STORM DRAIN MANHOLE DISTING SON
SISTED TRAFFE LOOP
DIG ALERT EXISTINGHIO POWER POLE SISTINE CATHOGC PROTECTICA KEY MAP EXISTING STREET LAMPS EXISTING ILD. POWER POLE
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EXISTING CATHODI: PROTECTION
TO FOR YOU S
ENGINEER OF RECORD APPROVED BY DIRECTOR OF PUBLIC SERVICES DEPARTENT CITY OF IMPERIAL MOCIFICATION TO LIKE LANE STRIPING DRAMANGNO EC-2
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6.023
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CHECK AV R M ENGINEERING "Amperial DATE 106222
PH-DRAWING DOUED FOR KEVIEWI RORERTOC. MARTINEZ
BETWEEN YE CRE WAY AND OLD 69-65 3 0 1
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EXHIBIT 1
AULEL SAN DEOC
POUL COUNTY MEDICAL CROUP
РЕЗЕ ССІА
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SO GRINDINGICOLD PLANE APPROACH WE DGE
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VACUTAJUND EXISTIN PAVE MENT 2 FOOT MPL FOR THE FULL SECTION PER DETAL, NO. 1 ICO (&) EXISTINO DRIVEWAY TO REMAN
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EXHIBIT 1
SUMMARY OF QUANTITIES
STA 37-90 TD 70•14 (4,024 LF))
INT OTY SAN DEOO
4232 R'ERAL COLNTY ACUICAL CHOIR REGIONAL
CENTER
RYATE OW
CONS TRACTON
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288 7002
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IWENT WELL COVERES
CORTRACTON
MTIEA VATEY
FINESS OASES LMTSO
CONSTRUCTION FARM CREDIT
HEAL TH CLL
GERMCES
ABOVE -P 1 INEL
MATCHLINE MATCHLINE
48-00 49+00- иного
-01.00
$7+00 SEE DIG NO OF
ATEN BOULEVARO
47+30 SEE PLAN 58+50
ROW
L9T
JEMOVAHS
WITNESSES
CONSTRUCHON KEYNOTES
CONTRW MOTORACE SYETIMY WW UYNTauMre OTNi CORSAN MARC HANEC LEGEND OVERLAY BAVEMENT ON SE ARAN OVEN SE LEVELING COURUE ON AS CIRECTED UY ENGINEER. GEE DETAL NO. • EXISTING COVER AND FRAMES LOCATION NEW 1.1/2-ASPHALT RUSIBER HOT MIX - CAP GRADED CONTRACTOR TO RLACE 130FT-SYSTEM Z-S100 PONI-NEW +-12 AG-HOGLATER OVERLAY OVER DE LEVELN COORDINATES COCRRNATES
STNUCTURH OFSE STRUCTUE STATEON OFFSE
IZ MEN CO AREON AT LELNE CONSE
CONTRACTON TO PLACE DOURLE ASIUST ,RISE) EASTNO BAGHOLE FRANECOVEAS TO BE LOWINLD O.JE BEFORE WATER VALVE :5766.578.85 1860846.7638+4034288T15 [ 16 WATER VALVE 0767184.48 1660 861.53 2as ur NRW1.TT AHMATC LAYER OVERLAY OVE CATHOCIC PROT 103° UF
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-8 168. 808 82 5800 76235
DCostastca TORACEROE KTBAESTARWAIMaeae tonsitstewaica
6 WATER VALVE 6764.813.04 1310.78235 40-7401 381°RT 21 WATER VALVE 0767916.70 1832.831.80 51•78.07 14' RT PAVIUS AFTER PAVING. AD/UST VLATER VALVE COVER TO 12 BELOW GRADE ANO INSTALL A PCC CONCRETE RING E •TSATERVALV 572 330101300 760 m MONUMENT N 162670371 51A0 100 09 51-98.01 S.9 LF • VIATER VALVE 8768, 830.85 1880.778.5e) 40-0162 WATER VALVE DIG ALERT GRAPHIC SCALE 670183287 180.78RG1 4161397 52•65.43 1.0 LF 578600404 186063564
HATKSAL
ASTER PAVING AQJUST BONUVENT ELL COVERS TO INP ALOVE GRADE ANO INSTALL A POC CONCRETE RAICSN [11| WATER VALVE 6 767 183 40 156033163) 22-4433 $.5°LF 2 WATER VALVE E764.30057 F860,809 36 2aSRT MOE AND 14 IN DEEP AROUNO THE MUNUVENT WILL COVRS PERCITY STD DE TAL NOSIS ALSO SEE SHES TNO SI 1 860 831.80
MINSCiNN TH HiSiNC XlO Abon mia ea Nineaumanirovu scaim 15 WATER VALVE DOK TO SE'HELOW GRADS AND NSTALL APEC COMCRETE RARNMIDE ANDA INDEER AROLNO THE BOR 14 WATER VALVE 67K2 11000S1xR076431 4500588 195'RT [ 2 WATER VALVE 6768 552 83 1260 835.50 50-1432 2915 2 СРАтеАстВЯ 10Арик л, САтное BROTECTEN(RAUCOMRWAIAT OLO CIY AEWANMA, BETARI [6767 525 20 |1880 804.32 47-8508 | 238 RT | 20 S SANTARY MCM 070856565 118081058 38+26.80 221 RT
• CONTRACTOR TO KONOTALLATION TRAITI LOOP PER CALTRANO BED ELEC TRCAL SYSTENS DESRON MASUAL AND
ENGINEER OF RECORD APPROVED BY DIRECTOR OF PUBLIC SERVICES DEPARTMENT CITY OF IMPERIAL MXXHCATION TD ISKE LANE SIRIMNO DRAWNEY DAXMNG NO RD-1
LER - DRAIMNO ISSUED FOR REVEW 6 1023 PLANS PREPARED UNDER THE SUPERVISION CF CITY OF IMPERLAL CA
DESEN BY
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PDAASCSSUDPONEVCY Imperial
CHECK BY ENGINEERING ATEN BOULEVARD REHAOKITATION DATE
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ROAIRTO C. MARTINEZ
PHOU NGN 12 E CARIONIBLVO VECONDO COO SHCET NO 6 a .
RCE NO C-7487
EXHIBIT 1
CONSTRUCTION
NO 6 OF 13
52600 60+00 MATCHINE
58+50 MATCHLINE SEE PLAN VIEW BELON
SEE DWG
Ht sN
TUKE AN STRiDE 69+5-
ST TOWNO AND AUTO REPAN
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SUMMARY OF QUANTITIES
ON SHEET NO 10 G
ABOVE ICESS IM!
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MATCHLINE VIEW
34400 25+00 76:00.
ATEN BOULEVARD
PLAN
20045
69+57
SEE -5
CONSTRUCTON COVSTHUCTION
PENTAE
PRE01 PREBLE RO
MODUCE OUTLET
OUTEn
CONTRACTOR TO PLACE "EYSTE Y° NEW 1-NZ" ASMALT RUBUCR HOT MIC - GAP GRACEO II-NF ASHE OOI LADEA LEGEND
2 CONTRACTOR TO PACE HOIT SYSTEM Z- STOP PONT MEWLMR AR-ALGOLAVER CVENAY OER SATEYYI COLRS CRASCRiCHD VENDUS EDETA SALTARaNDaETtE l
* CONTRACION TO PLACE DOUBLE AQUUST (ARES, PASTINO) MARHOLE FRAMEICOVERS RO BE LOMERED@ N MVON! EW1-NE ARI MOG LAYER OVERLAY OVE EXISTING COVER AND FRAMES LOCATION
STRUTH STATION OFFSET
SHALE BE A MINIMUM OF & SRA POL FOR DPECIRC INFORMATICA, SEE CITY STD. DETAR S NO 200 4 ND. 300. AL.50 SEI 31 [WATER VALVE E768.780.80 (1340 837.07: 60-2227|34-1F WATERVAS 0780 500 42 1280 843 88 71-69 82 In RAMAYn inamz tannay morinal C768.811.18 188083800 71-7251 41 RT A TER PAVIN AD,VST WATER VALVE COVER TO IE BIOWGAADE AND INSTALL APEC CCACRETE BACAR WOL ANCI 33 WATER VALVE C700 13204 188083456 63-97:45|20/15 • WATER VALVE S IN DEEP ARCUNO THE WATE& VALVE COVEN PER CITY SID DETAI NO S2S (PALEO AREAL ALSOSEE SHERTNOA 34 S. SANTARY MM G76224269 1880.80783 85+0302 285 R7 6760 805.12 (138083458 71+06.70| 10L5 DIG ALERT • CONTRACIC IO RACE DOUES ASSAT ENTRA MINIM NT WIL COMER inarinasinasa aricat badu'
GRAPHIC SCALE SNATER VAS
ATER PAVNO ABLUST MONUMENT WELL COVERS TO VE ABOVE GRADE AND INSTALL A VCE CONCHETE ANDERN WIDE 3 MONUMENT IZ 0780231.40 138084403 65•1282 78LE TRAFFIC LOOP MONUVENT BT 678025728 138081424 85+1470 790 • COUM BOX -o6 HEE NIERLICTON THE EXETN BOR TO BE LOWED & JE BEFORE PAVING AFTER PAUNG ADJUST COUVUICATION BON WATER VALVE 67030 13 188084)34 00407531151 B'O IVATER VAIVI STR45 e |100 Kec0774212<38 TO SE BELON CADE AND STALL A PEC CONCRETE ANG E WOG AND & IN DEEP AROUNO THE BOX. 30 | WATER VALVE 0700.625.15 1380.842 25 63-8057 3817 51 [WATER VALVE . CONTRACTON TO ADJUSTIRASE, CATHOCC PROTECTION FRAMEOVER VALT PER CITY OF MERAL DETAIS I [WATER VALVE CONTRAC IOR IO REBUSTALLA ON TRASSE LOOP PIMA TRANS 2670 IECIRKAL SYSTEM DEMON MANUAL AND 41 WATER VAVE 6707 410 133054 42 70•175213068 SS WATER VALV 1617361047 |1380M630 77+6122 1271E| ESSA STO DETAI 42 3 SAMTARY MH 8700 E91.43 1880811.16 7105237 30641 545 SANTARY B.H 677952103 |138081454 77-6187 36.T RT •THEE ACPALMENT ONI2 THEE MSS COMPACTED IOSINO WARDENNITERIRSN COMBATEN TOl BEN OF WAX DENETY, AC CONUST OF A T CAP OF 1E HA AND T BASE COASE OF JA HALA
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EXHIBIT 1
OUTLET PER OUTAD PRE
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BROILIN
PLAN
UNICE OF SECTIONS AS TOUR!
PAVED AREAS
TYPICAL VALVE BOX
CONCRETE COLLAR
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HONE HESHT
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19. DE MA 10 OF • KAL MIND
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EXHIBIT 1
1407
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ATEN BIVO
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1e 100 00)
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GENERAL NOTES
NO UNDE MOROUND UTRITIES ARE SHOVANG IN THE DRAVANO 18 1000 NEYAM 2 NO AERIAL FACILTIES ARE SHOWING IN THES DANNIS
ALL THE DISTANCES AREA APRONUATE
ALL CASTANCE S ARE PIPELT
5 CONSUAT CALTRANS 2022 STD PLANS EXISTING COMPONENTS OF THE CROSS SECTIONS (1) DISTING ASPHALT CONCRETE COURSE TO BE GRINDED 0800
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ENGINEER OF RECORD APPROVED BY DIRECTOR OF PUBLIC SERVICES DEPARTMENT CITY OF IMPERIAL CRAVAGNO RS-1
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ER. DRAWING ISSIED FOR REVIEW CHECK BY ENGINEERING "Amperial DATE
FR - DRAWING ISSUED FOR REMEW
IF - DRAWING ISSUED FOR BUFOR MATION ONLY]
EXHIBIT 1
STOP PONT SYSTEM 2
SYSTEM 39 LEL OVULAT • VКX1:0 SANCTN
B1 ORFLATIER
EXISTING ASPHALT SURFACE COURSE
EXS TINE BASH
SYSTEM 2 I STOP POINT NEW SUBURADE MATERIAL
ARHM-GG OVER LEVELING COURSE (NT$: OFFSET NEW EDGE O
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NOTE AFR YTO DUSTI CRANA WAXMUM DENSITY STA 77-50 0C
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SYSTEM 3 / EXISTING STRUCTURE APPROACH SYSTEM 3 AC PAVEMENT STRUCTURE 2 PAVEMENT TRANSITION TAPER (TERMINATION JOIN) 3 ARHA-GO ON ARAM OVER LEVELING COURSE CONFORM TO ARHM-GG ON ARAM OVER LEVELING COURSE (N T.S) EXISTING CURB WITH GUTTER DETAIL (N TS:
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PLAN
SPHAL T RUINER HOT MEA - QAI
COURSE ELEVATION COURSE ELEVATION
---- PAVEMENT EDGE TREATMENTS - OVERLAYS
BETEENSTA SS ETOSTA ROmTS
DE VOL LEVELN
LEKIS TINE HASE DISTING BASE
SYSTEM 3
4 ARHM-GG ON ARAM OVER LEVELING COURSE (N TS) 5 MEDIAN/ STOP POINT PAVEMENT SECTION
ARHM-GG OVER ARAM (NTS)
EX UP CF OUTTE! .EX FACEO CUR
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COLDPAE SNE
WEDGE GRIND LIMITS AT CROSS STREETS PLAN VIEW
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ENGINEER OF RECORD APPROVED BY DIRECTOR OF PUBLIC SERVICES DEPARTMENT CITY OF IMPERIAL DRAMANG NO RS-1 MODI ICATION TO SIKE LANE STRINE 13$.23 DRAN EY
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LEGEND
STRIPING DETAR, NO
DARIASTE TIRE WARROW PAVEMENT
PERIAL VALLI SAN DEOL
MONASTE TIPE ARROW PATEMENT EDICAL CRO
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DNEANORASTE TIPE WEARIOW PAVEMENT
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SIRIPING GENEMAL NUItS
PROJECT FO
2. ALL TEMPORARY STRIPING AND MARKINGS SHALL BE TEMPORARY EN BOULEVAR
MARIONES AND SIONS SIALL BE DETERMINCO SY THE CITY ENGINEER SEE PLAN & REMOVE ALL CONFLICTING STRIPING
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13400 VO
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PAVEMENT MARKING AND STRIPING KEYNOTES
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STATION DRESET DATERIA
STEEL PAINT THERMOPLASTIC & BACHEN VINETE LINE PER CALTRANS A30A, DETAR D
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INSTALL PAVEMENT MARKINGS WOROS WNITE THERMOPLASTIC PER CALTRANS A34L
NOT TO SCALE
R7-9a PAINT THERMOPLASTIC 1 0- WHITE BASIC TYPE LINE PER CALTRANS STANDARO PLAN A24F.
PAINT THERMOPLASTIC & SOLID YELLOW UNE PER CALTRANS 20A, DETAR, 25A
NO PARKING IDEKE LANE SICA
NO PARKING / EIKE LANE SION PANT TMERMOPLASTIC &° DOUBLE SOLID YELLOW LINE PER CALTRANS A108, DETAL. 32 PAINT THERMCPLASTIC & SOLID WHITE LINE PER CALTRANS A300, DETAL. 38 FIRE HYDRANT PAVEMENT MARKER (BLUE DOT SIGNING & BLUE DOT NOTES:
DIG ALERT PAINT THERMOPLASTIE & SOLID WAITE LINE BINE LANE PER CALTRANS AICO, OETAL. 39 BIKE LANE STRIPING CROSSING STREETS (NOT TO SCALE) UNT THERMOPLASTIC &° BROKEN WHITE LINE BIKE LANE INTERSECTION LINE P (NOT TO SCALE
CRAPHICSCAS
INSTALL BLUE REFLECTVE FIRE HYDRANT PAVEMENT MARKER PER FIGURE 38-1024, 2012
CALIFORNIA MUTCE
VOODOO.
43543-41208.11 SOLD GREEN COLORED PAVEMENT. ALL GREEN COLORED PAVEMENT SHOULD COMPLY BIKE LANE SYMBOL DIMENSIONS
ITH FINA INTERIM APPROVAL FOR OPTIONAL USE OF GREEN COLORED PAVEMENT BIE
NOT TO SCALE
BIKE LANE STRIPING BUFFER STREETS
(NOT TO SCALE!
ENGINEER OF RECORD APPROVED BY DIRECTOR OF PUBLIC SERVICES DEPARTMENT CITY OF IMPERIAL DRAINE NO CH-1 10623
PLANS PREPARED UNDER THE SUPERVISION CE
..... SIGNING AND STRIPING PLAN
PROSCENC
OR - DRAWING ISSUED FOR REVIEW
SHEET 1
ENGINEERING -Spencel 1962023
DATE
SOMATO C MARTIN? ACKELOREN
1- DRAWING ISSUED FOR INFORMATION ONLY SEETNO 11c+ 13
EXHIBIT 1
OF BELOW
MATCHLINE NO 11 MATCHLINE
89-00
VIEW
58+50 SEE DWG 69+57 SEE PLAN
E RELICT
ST TOWNO AND AUTO REPAR
TOKER LOV STORM LISA TUCKEN
CENTER
LEGEND
STROMINE DETAL. NO
TANASTE TIPEN ARROW PAVEMENT
TARASTE THE TARROW PAVEMENT
ABOVE THERMOPLASTIC TYPE VE ARROW PAVEMEN
MATCHLINE
STRIPING GENERAL NOTES
VIEW
70:00 - 73+00 75+00
ATEN BOULEVARD PECTEND
G-
69+57 $757
SEE PLAN KINGS AND SIGAS SHALL BE DETERMINED BY THE
THE CONTRACTON SHALL REMOVE ALL COMFLICTING STRIPING
ONE RECT LET SANDRASTING ON AS
PENIALS 4. THE CONTRACTOR SHALL HAVE ALL TEMPORARY DELINEATORO
POLLO OUTLET
HEMOVE ALL CONFLICTING STRIPING
SIGNAGE KEYNOTES PAVEMENT MARKING AND STRIPING KEYNOTES SAON OESCIOPTION PAINT THERMOPLASTIC & BROKEN WHITE LINE PER CALTRANS A30A, DETAR ERE LANE ARROW NO PARMINO / UKE LANE SON STA SIA PAINT THERMOPLASTIC WHITE TYPE 1130-6: TYPE MOL) OR TYPE VI (LI ARROWS PER CALTRANS STANDARD PLAN A2 4A
9999999*8 45=2=-8 BLUE DOT - HORANT
PARKING /BRE LANE SEN
INSTALL PAVEMENT MARKINGS WORDS WAITE THEAMOPLASTIC PER CALTRANS A24E
NO PARKING INCLANE SECO
NO PAKING / BICE LANE SAUN (0) PAINT THEAMOPLASTIE 1 0-WHITE BASIC TYPE LINE PER CALTAURS STARCARD PLAN A341.
PAINT THEAMCPLASTIE & SOLID VELLOW UNE PER CALTRANS 30A OETAL. 35A DETAIL S CALTRANS A345 BIKE LANE STRIPING AT BUS STOP
PAINT THERMOPLASTIC & DOUBLE SOLID VELLOW UNE PER CALTRANS ASSA, DETAR. 32
NUE JU SCALE
SIGNING & BLUE DOT NOTES: PAINT THERMOPLASTIC & SOLD WINTE LINE PER CALTRANS A26O, DETAR. 38 DETAIL 3
STATE SENS SMALL TALES TO ALLOW CLARANCE FROM THE BOTTOM COSE OF THE LOWEST PAINT THEAMOPLASTIC & SOLD WHITE UNE BONE LANE PER CALTRANS A30O, DETAR. 39
NOT TO SCALE
AINT THERMOPLASTIC &° BROKEN WHITE LINE BIKE LANE INTERSECTION LINE PEN CALTRANS A200, DETAR, 39A
GRAPHIC SCALE
CALCAN MUSIC TRE HORANT PANCE KARACH FER IS 381024 3814
DETAIL (Z
BIKE LANE SYMBOL DIMENSIONS SIKE LANE STRIPING CROSSING STREETS
ENGINEER OF RECORD APPROVED BY DIRECTOR OF PUBLIC SERVICES DEPARTVENT CITY OF IMPERIAL MUCHFICATION TO BIKE LANE STRIPING 1s23 DRAINBY CRAMAGNO CH-2 ER.DRAWID ISSUED FOR REVEN CITY OF IMPERIAL CA
DENION ST SIGNING AND STRIPING PLAN
VR -DHANING ISSUED FOR REVIEW NORCENC
/ER - DRAVING ISSUED FOR REVIEW 21823 CHECK aN ENGINEERING "Somperial DATE ER.DRAWOKORD FOR REVIEW
SHEETNO 12 or :
EXHIBIT 1
1. SWPPP ELEMENTS AND BMPS
22. THE BMP FACIUIIES SHALL BE INSPECTED DALY BY THE CONTRACTOR AND MANTANED TO ENSURE CONTERED PROPER
THE FOLLOWNG ANE THE HEGLARED STOMPATEN POLLUTION PREVENTION PLAN SW ELEVENTS AND APRONA OF THIS ITE PREPALATION AN
TEST MANALEMN SRACTICES TADS UND TO MEET MINUM REGIVENT ZOR THE CABONNA STATE READ OR CHARACE DESUN AGNALAND LOCATION I
PECTED AT LEAST WEEKLY AND ASTER CACHRAPSALL THE ASPECTONIOG SHALL BE KIPTATT PROSCISTE AT A dEPARTY HE STORY CATER STORMYATER HARASY HIVANALECH CAROANA OATS mEAS DESIGNATED LOCATION AND SHALL BE AVAILABLE FOR REVIEW SY THE CITY: AN ENGION AND SECEVENT CONTHOL (ESC
ANTONAL HAS MAYBE SECESSARY ASPIRATED YOU RAS
LEAD THAT HAS A CURRINI CERTICATE OTRANCIN COTRUCTO BITE CRUSION AND SEDIMENT CONTMEAMOM AN
THE NIEM NATIONCE THE SITE PREPARATION AND EROSON CONTIN PAN AND THE CONSTRUCTON MARTENANCH
APPROVED CASA COURSE SHALL PERFOR PSPECTIONS AND MINTAN THE LOD
ELEMENT EROSKIN CONTROL HIRALEMENT AND UPRICE CE THESE AMP SACHES G THEMESPONSEN DETHE CONTRACTOR LATE ALI
IMPECT SCHOING CONSTRUCTION IS APPROVED
THEN SACHITIES ONIACTRE AREAS O THE INDACT SHALLHE BACTED AND MAINTAIDA MAMICEONCE A
MONTH OR WITHIN & HOURS FOLLOWANG A STORM EVENT
ELEMENT 2 TEMPORARY SEDIMENT CONTROL GRADINO SO AS TO NINT THAT THE TRANSCAT DESTINT TO SUDACE WATER DRANADE SYSTEMS AND ADAGENT
24. ALL EROSION AND SEDIENT CONTOL BMS SHALL BE MAINTAINED AND HEPARED PEN CASOA STOKMWATEN SMI
PROPERTIES IS VIAMZED
SMPSE& GRAVEL BAG BERM
SOON AS PRACTICABLE, THEY ARE TO REMAIN IN PLACE ON OPERATIONAL DURING ALL PHASES OF CONSTRUCTION
FACILITIES HOW ON THES PLAN ARE THE MINA REQUEVENTS FOR THE ANTICATED SITE CONCITIONS DURE THE CONSTRUCTION ALTITIES SHALL NOT CONTINUE OR RESUME UNTE REPARS TO EROSION CONTROL FACIUITIES ARE MADI
AND THE FACEITES ARE FUNCTIONAL ANY SETIMENT LEAVIND THE SATE CIR CNSCHAROINO TO A SENSITIVE AREA SHALL ALL
CONSTRUCTION PERICO THESE INP FACRITIES SHALL BE UPGRADED AS NEEDED FOR UNEXPECTED STORM EVENTS AND ELEMENT 3 IND ENDSION CONTROL
SAP WE-! WHO EROSION CONTROL
OLDTISCM ASMES NOT GE PROPERLY INSTALLED AND MAINTAIN D THE CITY MAY STOP ALL WORK PERTAING TO THE ELEMENT 4 I CONTADED WITHIN THE LIIS SHOWN ON THE PLANS ALL SESTE CR
AMPIRE STANLINIDCOMTRICTONENTRAICEA XI
AND TAJ ENTRANCE-OUTLET TIRE WASH
ORSIOAVMATEA MANAGEMEN
WATER CONSERVATION PRACTICES 27. WANTENANCE AND REPAIR OF HEAVY EUPMENT AND VEHICLES WACH INVOLVE POTENTAL CONTANPUANTS ICE. BOX VENTS
AND GROUND WATER, TARPS, DROP PANS, OR OTHER APPROPRIATE MEASURES SHALL BE USED AS NECESSARY
2. SEDIMENTS TRANGPORTED ONTO A ROAD SURFACE SHALL BE CLEANED THOROUCHLY AT THE END OF EACH DAY. SEDIMEN
SHALL BE REMOVED FROM ROADS BY SHOVELING OR SWEEPIO AND BE TRANSPON
SHALL BE BERTRAND WATERED AND MAINTANED TO INSURE THAT GROWTH
BEMENTS
• DELIVERY AND STOAAGE!
DURNO DRY WEATHER CONSTRUCTION MOOS THE CONTRACTOR SHALL PROVIDE PROJECT SPECIE DUST CONTRO * A TRAY IS BALL BE AEROVED FLA CADA BACHKATIONS WITHEY DO DAYS AFTER TUAL SITE STAN EATIN E
WEASURES THAT MAY INCLUDE SEONG MULCHING MATTING WATER OR TACHIOR THE CONTRACTOR SHALL MARUTARY SAEL PREVENTION AND CONTROL. THE DUST CONTROL MEASURES THOUGH DRY WEATHER PERIDOS UNTE ALL CASTURBED AREAS HAVE MEN STABIZED
IND WAS SOUD WASTE MANAGEMENT NECIATELY RE-STABLE AREAS DISTURBED BY CONTRACTORS OPERATIONS OR OTHERS ACTMITES SHEND VIATER I ALL CATCH BARS AND CONVEVANCE LINES SHALL BE CLEANED AFTER TRAL GRACING, THE CLEANING OPERATION DUELL NOT
SIDHADN-ANARTER AND THE DOMSTREAM SYSTEMI
IMPANE CONCRETE WASTE MANAGEMINT
IMP WA. SANTARY/SEPTIC WASTE MANAGEMENT
21. CONCRETE VASTE WARAGEMENT. VEHCLE AND LOUIPMENT CLEANO, FUELING AND WADTENANCE PMOCEDURES SHALL BE
TO STEVEN TOPICA ANUNSTARE MATERIA STOCURES SIAL MORONILED VANTENANCE OF STOCKEE ARLAS
AND HARRATON DE HEROND COVE SAN ROD MONENTORN WET SASS
THE CONSTRUCTION SEQUENCE NOTES
SALMAY 1-8A0 HO
TYPICAL PROTECTION FOR INLET SECTIONG-C
AND CONTON
1E ALL POLLUTANTS OTHER THAN SEDIMENTS THAT OCCUR ONSITE DUREND CONSTRUCTION SHALL DE HANDLEO AND DESPONE
CURE IN ET SEVEN MENERI CONSTRUCTAN SEECE CATKNO
PLACE CURD TIPE SECIMENT BARRIES OPTION A AT EVERY PROPOSE ALET VEERE WATER CAN POND AND ALLOW SELIMENT TO SEPARATE TYPE SECIMENT BARRIERS OPTION A @ 100 IT ON THE FLOW LINE OF THE PROACELD STALETS WHERE WATER CAN POND AND
TOTHER REAR WOVEN EOTEATLE FALAC, ARE PLED VATI D PICH DARE ROCK ON E PEA CRAVEL OVER LAPO AC ALL BE PLACED IN A CURVED ROW FRON THE TOP OF CURB AT LEAST 4FT INTO THE STREET. THE ROW SHOULD BE CURVED AT THE
CRAVEL BAO CAP IN THE TOP ROW TO PROVIDE A SPRAY FOR OVERFLOW
MATHIAL POLLUTION CONTROL SAECHICATRON ES FOUND WITHIN WORK AREA SHALL DE REMOVED FROM SITE AND DISPOSED OF BY THE CONTRACTOR 1 OFF SITE STORMATER SHALL BE HANDLED PER CASOA STORMATER EUP MALAD 1A MERE FEASALE NO MORE THAN SOO FEET OR TRENCH SHALL BE OPEN AT ONE TIME LOCALATED WATERBAL SHALL BE
PLACED ON THE URIEL ME OF TRENCE SPROVER DIT DOES NOT CONLET WTH SALTY BOURMINTSI "DANAGE FROM BLARCHENO RODENTS IS REQUIRIO
22. CACE THE STORM SYSTEM HAS BEEN STALLED, A CATON BASEY INSERT SHALL BE INSTALLED IN EACH CATON BASAN
TER A STORM DRUN OR BE TRANDPORTED OFF STEWCONV
* COASTE CON DULL NOT ME COMICID COMMETE AND ACCEPTANE LATE ALL ONTURNED SON SURFACES HAVE HEEl 1 SEDIMENT CONTROL - STORM DRAIN INLET PROTECTION
Eunisistont ocenor DOOLED EY IDEATOR OF DIR CERICEE DEPARTUEN CITY OF IMPERIAL ACON CATION TO EKE LANE STRIVING 12621 or. CRAMMO NO PE-1 ко поманкоапівсь
SITE PREPARATION AND EROSION PROJECT NO
CONTROL GENERAL NOTES
ENGINEERING "Imperial nATE 108.2023
ATEN BOU EVAND I
auranta coaning are ACE LOOTE
PROJ AGA HE BARONESO 13 cr.
Agenda Item No. C-d
DATE SUBMITTED 03/13/2024 COUNCIL ACTION (x)
COMMUNITY PUBLIC HEARING REQUIRED ()
SUBMITTED BY DEVELOPMENT RESOLUTION ( )
DIRECTOR
ORDINANCE IST READING
DATE ACTION REQUIRED 03/13/2024 ORDINANCE 2ND READING ()
CITY CLERK'S INITIALS ( )
IMPERIAL CITY COUNCIL
AGENDA ITEM
SUBJECT: DISCUSSION/ACTION:
ATEN BOULEVARD CLASS II BIKE LANE FROM VILORE WAY TO AUSTIN ROAD, CALTRANS PROJECT NO. CML-5134(026).
1. AUTHORIZATION TO SEEK BIDS FOR THE CONSTRUCTION OF ATEN BLVD
CLASS II BIKE LANE FROM VILORE WAY TO AUSTIN RD
DEPARTMENT COMMUNITY DEVELOPMENT
INVOLVED:
BACKGROUND/SUMMARY:
City staff has secured an allocation to receive federal funding up to $364,424.00 through the Congestion Mitigation and Air Quality (CMAQ) program. for the above-referenced project. The City will be matching the funding in amount of $47,234.00 0 through LTA Measure D.
The scope of work includes, but is not limited to, the removal of existing striping and signs, the installation of high-visibility thermoplastic Class Il bike lanes and traffic signs, as well as necessary traffic control around the construction zones. See Exhibit A attached herewith for details.
The Community Development Department is requesting authorization to seek bids for the construction of said bike lanes project.
FISCAL IMPACT: ADMIN
SERVICES UMS
$364,424.00 from CMAQ SIGN INITIALS
$47,234.00 0 from LTA Measure D.
STAFF RECOMMENDATION:
Authorize Community Development Department to seek bids DEPT. INITIALS OM through a competitive bidding process for the construction of the Aten Boulevard Class Il Bike Lanes from Vilore Way to Austin Road, Caltrans Project No. CML-5134(026).
MANAGER'S RECOMMENDATION: CITY
approve selling bias MANAGER's
INITIALS
MOTION:
SECONDED: APPROVED REJECTED
AYES: DISAPROVED 8 DEFERRED
NAYES:
ABSENT: REFERRED TO:
EXHIBIT A
CITY OF IMPERIAL
ATEN BLVD CLASS II BIKE LANE
FROM VILORE WAY TO AUSTIN RD.
GENERAL NOTES SHEET INDEX ABBREVIATIONS VICINITY MAP
SHEET NUMBER DESCRIPTION
THE SET
STRPING ANO SOLACE PLAN
PROJECT SITE--
125C"
с...
LEGEND
BETE ITEM SYMBO SYMBO
1°*+ CITY COUNCIL PROJECT DESCRIPTION
мем низ на
KATIE BURNWORTH MAYOR
*.=...
.......
ROBERT AMPARANO MAYOR PRO-TEM
= STACEY MENDOZA COUNCIL MEMBER
JAMES TUCKER COUNCE MENAR
CITY STAFF
DECLARATION OF RESPONSIBLE CHARGE
STY MANAGES
BASIS OF BEARINOS: DENNIS M. MORITA CITY CLERK
OTHON HORA COMMUNITY DEVELOPMENT
ОЖЕСТОН
ALFREDO ESTRACA JE FIRE CHIEF
LEONARD 1. BARRA 82243
POLKEOCER
STACEY COX CITY TREASURER
KATHERIME TUANER
DATE
DEPRATON CAT: 13/31/34
APPROVED BY DIRECTOR OF PUBLIC WORKS ENGINEER OF RECORD CITY OF IMPERIAL SHEET
IC ENGINEERING CUNSULTANTS INC
CIN CE SETTA CR PLANS PREPARED UNCER THE SUPERNSON OF IMPROVEMENT PLANS CALL: TOLL FREE
TITLE SHEET 1 or
811
ATEN BE VD CLASS & BIKE LANE
APPR SATE DATE DATE: FROM VIL ORE WAY 10 AUSTEN RO 5_ SHEETS REVISIONS CMLOS CORRALES 200 мо
BEFORE YOU DIC
RCE. NO. BENCHMARK: SEE SHEET NO. 1 C23002-00
EXHIBIT A
STA 6+50
ROAD SEE BELOW LEFT
-12 MIN
ATEN BLVD
AUSTIN MATCH LINE
RR1A
TA 7+85 2) R81 (CA) (C] TA
R26(CA)
SIA 8+81 45
12+50
112 MIN STA
MATCH E ABOVE RITA 6+50
ATEN BLVD SEE SHEET
12" MIN. -12 MIN
MATCH LINE
233
NOTES: E A 7-8
(4|5]
MUTCD SIGNS:
A A31 (CA) LEGEND: STRIPING & SIGNAGE NOTES:
DISTING STRPINC E INSTALL THERMOPLASTIC &-INCH WIDE SOUD WHITE LANE UNE
PROPOSED STRPINO E POTE TRE PANO DE SE MATE LANE LAE
011-1 PROPOSED SQUARE TUDE SON POLE
RETA (CA) ERISTING SIGN FENDI AND NSTALL 2° CALVANIZED SQUARE TUBING SON POLE (END) 1918 (CA) [E) FURNISI AND INSTALL SON AS ROCATED ON PLAN • EXISTING 'BKE UNE NO PAKNG" SON TO DE REMOVED.
+
1) EXISTING "'SPEED LMT* SION TO REMAN
• EXISTING STOP" SION TO REMANI
DIG ALERT APPROVED BY DIRECTOR OF PUBLIC SERVICES ENGINEER OF RECORD CITY OF IMPERIAL SHEET
LC ENGINEERING CONSULLTANTS INC IMPROVEMENT PLANS
OTY OF MPERAL CA PLANS PREPARED UNDER THE SUPERVISION OF TRIPING & SIGNAGE PLA 2 or
ar: 5. SHEETS
DATE CATE
ICAT
REVISIONS AOCE LOPER 200 NO
BENCHWARK: SEE SHEET NO. C23002-09
EXHIBIT A STA 17+70415
4 5
"SHEESTA 12+50 STA 18+50
ATEN BLVD 112 MIN
BELOW LEFT
12" MIN.
12" MIN.
SEE 7.86
MATCH LINE MATCH LINE
R26(C STA
4|5] 45
STA 18+50 STA 24+50
RIGHT
12* MIN:
ABOVE - MORNING GLORY TRAIL SHEET
ATEN BLVD
F8.26 SEE
SEE MATCH LINE
NOTES: D11-1 STA 2
4|51
MUTCD SIGNS:
4 51
LEGEND: STRIPING & SIGNAGE NOTES;
as tel
DISTING STRPNO I INSTALL THEAMOPLASTIC 8-INCH WOE SOLO WHITE LANE LINE.
R26 (CA)
CORSIRUCTONIC CLOSURES OR DETOUING THE PATH OF VIRCLES I VAROUS STAGES OF PROPOSED STRIPING I POT TA PATO DO TAE PEP WITE LANE LAC
PROPOSED SQUARE TUBE SIGN POLE
RS1A (CA) I FUENISH AND INSTALL 2ª CALVANZED SQUARE TUNG SION POLE.
E) FURONISH AND INSTALL SIGN AS INCICATED ON PLAN.
I EISTING EXE LINE NO PARKING" SICN TO BE REMOVED.
CE TANS MARKING [E) DISTING "SPEED LIMIT* SON TO REMAN.
I EASTING "STOP" SIGN TO REMO
SAND SEEN DREAM PAL EN ACCORANCE WITH CATRANS
• EXISTING "STOP ACAD" SION TO REWAN.
SLAP PRETEN ON SEEN A AS ALE I AECOROANCE WITH CALTRANS
ROPOSED STRIPT
APPROVED BY DIRECTOR OF PUBLIC WORKS ENGINEER OF RECORD CITY OF IMPERIAL SHEET
UNDERGROUND SERVCE ALERT
CITY OF MPERAL, CA PLANS PREPARED UNDER THE SUPERVISON OF LC ENGINEERING CONSULTANTS INC IMPROVEMENT PLANS CALL TOLL FREE 3 ∞
STRIPING & SIGNAGE PLAN
811 ATEN REVO CARS HERE TAR
DATE: DATE: ROM VE OILE WAY TO AUSTIN RO 5 gurns
nast
REVISIONS JACKE LOPER CARLOS CORRALIS
BEFORE YOU DIG DATE: 02/23/23 C23002-00
EXHIBIT A
STA 30+50
ATEN BLVD
MATCH UNESHEE STA 24+50 SEE BELOW LEF
MATCH LINE
€ 28
• STA 31+50 =
SIA 50+50 STA 36+50
8 16'
ATEN BLVD ET2 MINI
12°
ABOVE RIGH BELOW
512 MIN LINE
8.23 8.00 SEE
MATCH LINE MATCH
BOUGANVILLEA ST
o s
(4|5) 4|5 LEGEND:
NOTES:
DUSTING STRIPING
MUTCO SIGNS: PROPOSED STRING
PROPOSED SQUARE TUBC SION POLE
[ 101 (CA)
BUSTING SON
THE CALIFORNIA STANDARE BE USED IN SITUATION
STA 8.22* EQUING LANE CLOSURES OR OCTURNG THE PATH OF VEHCLES IN VAROUS STAGES O 7 230 (CA) STRIPING & SIGNAGE NOTES:
ATEN BLVD 011-1 I INSTALL THERMOPLASTIC &-INCH WIDE SOLID WHITE LANE LINE • VILLORE WAY
RATA (CA I PER TRANS PLAN ANG TRE SEE WITE LANE UNE
END) R810 (CA)
SEE ABOVE 12° MIN TURNSH AND INSTALL 2% CALVANIZED SQUARE TUBING SEN POLE [E) FURNSH AND INSTALL SIGN AS INDICATED ON PLAN.
MATCH LINE STATE ECONOM SAL BE I ACCORDANCE WITH CALTRANS O DISTING "OKE LINE NO PARKING" SIGN TO BE REMOVED.
SAD SEEN SECOND, BAL ACCORDANCE MITH CALTRANS E) EASTING "SPEED LIMIT* SION TO REMAN. 18) EXTING STOP* SION TO REMAN
DO EXISTINO "STOP AHEAD' SON TO REMAN
APPROVED BY DIRECTOR OF PUBLIC WORKS ENCINEER OF RECORD CITY OF IMPERIAL SHEET
CITY OF MPERAL, CA PLANS PREPARED UNDER THE SUPERVSION OF LC ENGINEERING CONSULTANTS INC CALL: TOLL FREE 4 oF
811 STRIPING & SIGNAGE PLAN 5 SEETS
APR CATE DATE. DATE.
REVISIONS JOKE LOPER CARLOS CORRALES 105 NO.
R.C.E. NO.: DATE: 02/23/23 C23002-00
EXHIBIT A
AUSTIN ROAD SANDALWOOD GLEN AVE.
ATEN BLVD
MORNING GLORY TRAIL
ATEN BLVD
VILLORE WAY
ATEN BLVD
LEGEND
SICK WATCH POLLUTON CONTRO
GENERAL WATER POLLUTION CONTROL NOTES
NONSTRICTON NOTE
CORE NO AN AT STA TON ON
NO AS SHOR
HORIC NUCH
-5-3- rOCK HOUS
TILE SENSINGTON NOTON ANY NECESSSAIE NCOFCATONS TO MESE 3-2- SINTERING ONE MONA
KLON IDE TEMPORA
1C-S - 504. PACERS
~ DALL ME PACID A CO
MOLET SURACE FION OMICTION
NOTE: THE INFORMATION ON THESE DRANINGS
S ACCURATE FOR WATER POLLUTION CONTROL
APPROVED BY DIRECTOR OF PUBC WORKS ENGINEER OF RECORD CITY OF IMPERIAL SHEET
C ENGINEERING CONSULTANTS INC
CALL: TOLL FREE OrY OF MERA, C HANS PRIPAD UNDER THERE D IMPROVEMENT PLANS EROSION CONTROL PLAN 5 or
811
DATE: DATE: FROM VELORE WAY TO AUSTIN RO _5 SHEETS
JOCE LOPER
CARTO CORALS
STORE TOU DO
C23002-00
Agenda Item
No. C-3
DATE SUBMITTED 3/12/2024 COUNCIL ACTION
PUBLIC HEARING
SUBMITTED BY REQUIRED
Parks & Recreation RESOLUTION
()
DATE ACTION REQUIRED ORDINANCE IST READING ()
3/20/2024 ORDINANCE 2ND READING
()
CITY CLERK'S INITIALS
IMPERIAL CITY COUNCIL
AGENDA ITEM
SUBJECT: DISCUSSION/ACTION: PROP 68 PER CAPITA GRANT COMPLETION PACKETS 2 ACTORICON TO PROJECTS AS COMPLETE AUTHORIZATION TO FILE DEED RESTRICTIONS WITH THE IMPERIAL COUNTY
RECORDER'S OFFICE
DEPARTMENT INVOLVED: Parks and Recreation
BACKGROUND/SUMMARY:
In July of 2020 the City of Imperial was awarded $177,952.00 through the Prop 68 Per Capita grant. The City identified five projects that were accepted by City Council which included: Sunset Park Irrigation Project, Evans Park Fencing and Lighting Project, Freddie White Fencing Project, Joshua Park Fencing Project and Eager Park Splash Pad Shade Project. Staff has receive the completion packets and inspection date for the completed projects and is in the process of submitting the forms for final reimbursement. Part of the packets is the filing of the Deed Restrictions on all of the above mentioned project sites.
Please see attached Deed Restrictions for all projects, project photos, and full property details.
FINANCE
FISCAL IMPACT: NA INITIALS
UMS.
STAFF RECOMMENDATION: It is the department's
recommendation for City Council to accept the Per Capita projects as DEPT. INITIALS
complete and authorize the filing of the Deed Restrictions.
MANAGER'S RECOMMENDATION:
CITY
approve stay recommendation MANAGER's
INITIALS
MOTION:
SECONDED:
APPROVED REJECTED
AYES:
DISAPPROVED DEFERRED ()
NAYES:
ABSENT:
REFERRED TO:
RECORDING REQUESTED BY:
California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Sara Schlussler
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
DEED RESTRICTION
WHEREAS,
_ (hereinafter referred to as "Owners)" is/are recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the "Property"); and
Il. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as "DPR") is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the "PRC"). And III. WHEREAS, Owners) (or Grantee) applied to DPR for grant funds available pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018 Parks Bond Act, 2018 Parks Bond Act Per Capita Program for Replace existing perimeter fencing on the Property; and
IV. WHEREAS, on _July 1, 2020, DPR's Office of Grants and Local Services conditionally approved Grant 18-13-006 , (hereinafter referred to as "Grant") for Replace existing perimeter fencing on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, 2018 Parks Bond 1 Act Per Capita Program and the funds that are the subject of the Grant could therefore not have been granted; and
VI. WHEREAS, Owners) has/ve elected to comply with the Deed Restriction of the Grant, so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant; NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors- in-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraphs) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof.
DURATION. (a) This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors-in-interest for the period running from July 1, 2018 through June 30, 2048.
2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statue, which survives a sale of tax-deeded property.
RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owners) to ascertain whether the use restrictions set forth above are being observed.
REMEDIES. Any act, conveyance, contract, or authorization by Owners) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and 2 all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach.
SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired.
Dated: _ 20
Business Name (if property is owned by a business):
Owners) Name(s):
Signed: Signed:
PRINT/TYPE NAME & TITLE OF ABOVE PRINT/TYPE NAME & TITLE OF ABOVE (GRANTEE'S AUTHORIZED REPRESENTATIVE) (ADDITIONAL SIGNATURE, AS REQUIRED) **NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On before me,. _ a Notary Public,
personally appeared —, who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
EXHIBIT A
PROPERTY DETAILS
Full Property Details Imperial County
PROPERT DETAIL
Parcel# (APN): 064-414-025 Use Description: RSXG,X
Parcel Status: A
Owner Name: CITY OF IMPERIAL
Mailing Addr: C/O CITY CLERK,420 SO IMPERIAL AVE,IMPERIAL CA 92251 Situs Addr:
Legal Description: PAR 3 PM 41-91 TR 40-A 15-13 10.45AC CITY OF IMPERIAL Latitude: 32.8210678000 Longitude: -115.589500670
ASSESSMENT
Total Value: 0.00 Use Code: RSXG,X Zoning: RSG
Land Value: .00 Tax Rate Area: 006007 Impr Type:
Impr Value: .00 Year Assd: Price/Sqft: 0.00
Other Value: Property Tax:
% Improved: NaN Delinquent Yr:
Exempt Amt: Exempt Codes:
SALEHISTRY Sale 1 Sale 2 Sale 3 Transfer
Recording Date: 1996-08-29 00:00:00
Recording Doc: 199618591747
Rec. Doc Type:
Transfer Amount:
Seller (Grantor):
1st Trst Dd Amt: Code 1: 2nd Trst Dd Amt: Code 2:
PROPERTY CHARACTERISTIC
Lot Acres: .00 Year Built: Fireplace:
Lot SqFt: 438,087.60 Effective Yr: A/C:
Bldg/Liv Area: Total Rooms: Heating:
Units: Bedrooms: Pool:
Buildings: Baths (Full): Flooring:
Stories: Baths (Half): Park Type:
Style: Bsmt SqFt: Spaces:
Construct: Garage Sqft: Site Influence:
Quality: Other: Timber:
Building Class: Other Rooms: Ag Preserve:
Condition:
***The information provided here is deemed reliable, but is not guaranteed.
EXHIBIT B
FULL EXECUTED
CONTRACT
State of California - Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
GRANT CONTRACT
2018 Parks Bond Act
Per Capita Grant Program
GRANTEE City of Imperial
THE PROJECT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2028 CONTRACT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2048 The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.
The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California.
The General and Special Provisions attached are made a part of and incorporated into the Contract.
City of Imperial
By STATE OF CALIFORNIA
ture of Authorized Representative DEPARTMENT OF PARKS AND RECREATION - DocuSigned by:
Title City Manager, Assistant City Manager, or Parks Di By Barbers Baker
Date 2/8/2023
Date
CERTIFICATION OF FUNDING
(For State Use Only)
CONTRACT NO AMENDMENT NO FISCAL. SUPPLIER I.D.
C9801240 PROJECT NO.
0000012460 18-13-006: 18-13-007; 18-13-008
AMOUNT ENCUMBERED BY THIS DOCUMENT 18-13-009; 18-13-010 FUND.
$177,952.00 Drought. Water, CIn Air, Cstl Protc, Outdoor Fund
CONTRACT ENCUMBERED FOR THIS ITEM CHAPTER STATUTE
FISCAL YEAR
3790-101-6088 29
18 2022/23
TOTAL AMOUNT ENGUMBERED TO DATE Reporting Structured. Account/Alt Account. ACTIVITY CODE PROJECT / WORK PHASE $177,952.00 37900091 5432000-5432000000
69801
I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as "GRANTOR," "DEPARTMENT" or "STATE") and City of Imperial (hereinafter referred to as "GRANTEE").
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "GRANT MONIES") not to exceed. $177,952, subject to the terms and conditions of this AGREEMENT and the 2018/19 California State Budget, Chapter 29, statutes of 2018, item number - 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as "PER CAPITA GRANT"). These funds shall be used for completion of the GRANT SCOPE(S).
The Grant Performance Period is from July 01, 2018 to June 30, 2028.
II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term "ACT" means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.
2. The term "APPLICATION" means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.
3. The term "DEPARTMENT" or "STATE" means the California Department of Parks and Recreation.
4. The term "DEVELOPMENT" means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.
5. The term "GRANTEE" means the party described as the GRANTEE in Section I of this CONTRACT.
6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.
7. The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program." The 1 PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.
B. Project Execution
1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).
The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.
2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.
3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).
4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).
C. Project Costs
1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.
2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.
D. Project Administration
1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest-bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the 2 grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.
2. The GRANTEE shall submit written project status reports within 30 calendar days atter the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.
3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.
E. Project Termination
1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.
2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.
3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To quality for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.
4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.
5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public. 3 F. Budget Contingency Clause
reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.
G. Hold Harmless
1. The GRANTEE shall waive all claims and recourse against the STATE including he right to contribution for loss or damage to persons or property arising from growing out of or in any way connected with or incident to this CONTRACT excep claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.
2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.
3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE's litigation costs, expenses, and reasonable attorney fees.
4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.
Neither party shall request a jury apportionment.
5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or lability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.
H. Financial Records
1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to 4 the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or issuance of final payment, whichever is later.
2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.
3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.
4. The GRANTEE shall use a generally accepted accounting system.
I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.
2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.
3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.
4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under the Grant CONTRACT.
5 5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.
6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.
2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.
K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.
L. Liability
1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE.
The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.
GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE's and STATE'S terest against poor workmanship, fraud, or other potential loss associate ith completion of the grant projec
6 M. Assignability
Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.
N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project propert shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.
O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.
P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.
III. SPECIAL PROVISIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. This Executive order extends to recipients of any State Grants (Grantee).
Grantees include those who have contracted or will contract to receive State grants funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 7 calendar days to provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State.
City of Imperial
GRANTEE
By:_
Signature of Authorized Representative
Title: Parks and Recreatioi Directon
Date: 218/2023
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
- DocuSigned by:
By: Barbara Baker
708FDA4C8D9E41C..
Date: 2/14/2023
8 RECORDING REQUESTED BY:
California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Sara Schlussler
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
DEED RESTRICTION
1. WHEREAS,
(hereinafter referred to as "Owner(s)" is/are recorded
owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the "Property"); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as "DPR") is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the "PRC"). And III. WHEREAS, Owners) (or Grantee) applied to DPR for grant funds available pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018 Parks Bond Act, 2018 Parks Bond Act Per Capita Program for Replace existing field lighting and perimeter fencing on the Property; and
IV. WHEREAS, on _July 1, 2020, DPR's Office of Grants and Local Services conditionally approved Grant 18-13-007, (hereinafter referred to as "Grant") for Replace existing field lighting and perimeter fencing on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, 2018 Parks Bond 1 Act Per Capita Program and the funds that are the subject of the Grant could therefore not have been granted; and
VI. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant, so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant; NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors- in-interest, hereby irrevocably covenants) with DPR that the condition of the grant (set forth at paragraphs) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof.
DURATION. (a) This Deed Restriction shall remain in full force and effect and shall bind Owners) and all his/her/their assigns or successors-in-interest for the period running from July 1, 2018 through June 30, 2048.
TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statue, which survives a sale of tax-deeded property.
RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owners) to ascertain whether the use restrictions set forth above are being observed.
REMEDIES. Any act, conveyance, contract, or authorization by Owners) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and 2 all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach.
SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired.
Dated: _ 20
Business Name (if property is owned by a business):
Owner(s) Name(s):
Signed: Signed:
PRINT/TYPE NAME & TITLE OF ABOVE PRINT/TYPE NAME & TITLE OF ABOVE (GRANTEE'S AUTHORIZED REPRESENTATIVE) (ADDITIONAL SIGNATURE, AS REQUIRED) **NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On before me, , a Notary Public,
personally appeared _ who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
4 EXHIBIT A
PROPERTY DETAILS
Full Property Details Imperial County
PROPERT DETAIL
Parcel# (APN): 063-107-022 Use Description: GVXXX
Parcel Status:
Owner Name: CITY OF IMPERIAL
Mailing Addr:
Situs Addr:
Legal Description: CITY PARK & RETENTION BASIN SUNSET RANCH SUB UNIT NO 5 Latitude: 32.8588633400 Longitude: -115.567746560
ASSESSMENT
Total Value: 0.00 Use Code: GVXX,X Zoning: GVXX
Land Value: .00 Tax Rate Area: 006002 Impr Type:
Impr Value: .00 Year Assd: Price/Sqft: 0.00
Other Value: Property Tax:
% Improved: NaN Delinquent Yr:
Exempt Amt: Exempt Codes:
SALEHISTRY Sale 1 Sale 2 Sale 3 Transfer
Recording Date:
Recording Doc: 200000000000
Rec. Doc Type:
Transfer Amount:
Seller (Grantor):
Ist Trst Dd Amt: Code 1: 2nd Trst Dd Amt: Code 2:
PROPERTY CHARACTERISTIC
Lot Acres: 5.14 Year Built: Fireplace:
Lot SqFt: 223,882.10 Effective Yr: A/C:
Bldg/Liv Area: Total Rooms: Heating:
Units: Bedrooms: Pool:
Buildings: Baths (Full): Flooring:
Stories: Baths (Half): Park Type:
Style: Bsmt Saft: Spaces:
Construct: Garage SqFt: Site Influence:
Quality: Other:
Timber:
Building Class: Other Rooms:
Ag Preserve:
Condition:
***The information provided here is deemed reliable, but is not guaranteed.
EXHIBIT B
FULL EXECUTED
CONTRACT
State of California - Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
GRANT CONTRACT
2018 Parks Bond Act
Per Capita Grant Program
GRANTEE City of Imperial
THE PROJECT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2028 CONTRACT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2048 The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.
The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California.
The General and Special Provisions attached are made a part of and incorporated into the Contract.
City of Imperial
By STATE OF CALIFORNIA
ture of Authorized Representative) DEPARTMENT OF PARKS AND RECREATION - DocuSigned by:
Title City Manager, Assistant City Manager, or Parks Di Barbars Baker
Date 2/8/2023 279472623E41..
Date
CERTIFICATION OF FUNDING
(For State Use Only)
CONTRACT NO AMENDMENT NO FISCAL. SUPPLIER I.D.
C9801240 PROJECT NO.
0000012460 18-13-006; 18-13-007; 18-13-008
AMOUNT ENCUMBERED BY THIS DOCUMENT 18-13-009; 18-13-010 FUND.
$177,952.00 Drought, Water, Cin Air, Cstl Protc, Outdoor Fund
COUNT ENCUMBERED FOR THIS ITEM CHAPTER STATUTE FISCAL YEAR 3790-101-6088 29
18 2022/23
TOTAL AMOUNT ENCUMBERED TO DATE Reporting Structured. Account/Alt Account. ACTIVITY CODE PROJECT / WORK PHASE $177,952.00 37900091 5432000-5432000000
69801
1. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as "GRANTOR," "DEPARTMENT" or "STATE") and City of Imperial (hereinafter referred to as "GRANTEE").
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "GRANT MONIES") not to exceed _$177,952, subject to the terms and conditions of this AGREEMENT and the 2018/19 California State Budget, Chapter 29, statutes of 2018, Item number - 3/90-101-6088 (appropriation chapter and budget item number hereinafter referred to as "PER CAPITA GRANT"). These funds shall be used for completion of the GRANT SCOPE(S).
The Grant Performance Period is from July 01, 2018 to June 30, 2028.
Il. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term "ACT" means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.
2. The term "APPLICATION" means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.
3. The term "DEPARTMENT" or "STATE" means the California Department of Parks and Recreation.
4. The term "DEVELOPMENT" means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.
5. The term "GRANTEE" means the party described as the GRANTEE in Section I of this CONTRACT.
6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.
7. The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program." The 1 NULUSIyII ELIVETUNE IN. UTONOUT L-LUMU 4EUM 0092-ULUIDIVICOLO PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.
B. Project Execution
1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).
The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.
2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.
3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).
4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990(42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).
C. Project Costs
1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.
2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.
D. Project Administration
1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest-bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the 2 grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.
2. The GRANTEE shall submit written project status reports within 30 calendar days atter the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.
3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.
E. Project Termination
1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.
2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.
3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To quality for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.
4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attomey fees.
5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public. 3 F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.
G. Hold Harmless
1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from growing out of or in any way connected with or incident to this CONTRACT excep claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.
2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.
3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE's litigation costs, expenses, and reasonable attorney fees.
4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction Neither party shall request a jury apportionment.
5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or lability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.
H. Financial Records
1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to 4 the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or issuance of final payment, whichever is later.
2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.
3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters relatec thereto during regular office hours. The GRANTEE shall maintain and make avallable for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.
4. The GRANTEE shall use a generally accepted accounting system.
I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.
2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or oiner disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.
3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.
4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission nat is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under the Grant CONTRACT.
5 5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE all reimburse STATE an amount at least equal to the amount of GRAN ONIES received from STATE or the pro-rated full market value of the re property, including improvements, at the time of sale, whichever is higher.
6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.
2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.
K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.
L. Liability
1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE.
The STATE'S rights under this CONTRACT to review, inspect and approv he GRANT SCOPE and any final plans of implementation shall not give ris to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.
GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE's and STATE'S nterest against poor workmanship, fraud, or other potential loss associate vith completion of the grant project
6 M. Assignability
Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.
N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.
O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.
P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.
III. SPECIAL PROVISIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. This Executive order extends to recipients of any State Grants (Grantee).
Grantees include those who have contracted or will contract to receive State grants funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 7 calendar days to provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State.
City of Imperial
GRANTEI
By:_
Signature of Authorized Representative
Title: Parks and Recreatioi Directon
Date: 218/2023
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
• DocuSigned by:
By: Barbara Baker
708FDA4C8D9E41C...
Date: 2/14/2023
8 RECORDING REQUESTED BY:
California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Sara Schlussler
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
DEED RESTRICTION
I. WHEREAS,
(hereinafter referred to as "Owners)" is/are recorded
owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the "Property"); and
Il. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as "DPR") is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the "PRC"). And III. WHEREAS, Owners) (or Grantee) applied to DPR for grant funds available pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018 Parks Bond Act, 2018 Parks Bond Act Per Capita Program for Replace existing shade structure over splash pad on the Property; and
IV. WHEREAS, on _July 1,2020, DPR's Office of Grants and Local Services conditionally approved Grant 18-13-008, (hereinafter referred to as "Grant" for Replace existing shade structure over splash pad on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, 2018 Parks Bond Act Per Capita Program and the funds that are the subject of the Grant could therefore not have been granted; and
VI. WHEREAS, Owners) has/ve elected to comply with the Deed Restriction of the Grant, so as to enable Owners), to receive the Grant funds and perform the work described in the Grant; NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owners) for himself/herself/themselves and for his/her/their heirs, assigns, and successors- in-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraphs) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof.
DURATION. (a) This Deed Restriction shall remain in full force and effect and shall bind Owners) and all his/her/their assigns or successors-in-interest for the period running from July 1, 2018 through June 30, 2048.
TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statue, which survives a sale of tax-deeded property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owners) to ascertain whether the use restrictions set forth above are being observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and 2 all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach.
SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired.
Dated: _ 20
Business Name (if property is owned by a business:
Owner (s) Name(s):
Signed: Signed:
PRINT/TYPE NAME & TITLE OF ABOVE PRINT/TYPE NAME & TITLE OF ABOVE (GRANTEE'S AUTHORIZED REPRESENTATIVE) (ADDITIONAL SIGNATURE, AS REQUIRED) **NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or State of California
County of
On before me, _, a Notary Public,
personally appeared _ who proved to me on the basis of
satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
EXHIBIT A
PROPERTY DETAILS
Full Property Details Imperial County
PROPERT DETAIL
Parcel# (APN): 063-247-001 Use Description: GXNX,X
Parcel Status: A
Owner Name: CITY OF IMPERIAL
Mailing Addr:
Situs Addr:
Legal Description: LOTS 1 TO 22 INCL BLOCK 58 TOWNSITE OF IMPERIAL O M 16 Latitude: 32.8489969300 Longitude: - 115.571464530
ASSESSMENT
Total Value: 131,709.00 Use Code: GXNX,X
Zoning: GXNX
Land Value: 79,134.00 Tax Rate Area: 006015 Impr Type:
Impr Value: 52,575.00 Year Assd:
Price/Sqft: 1.56
Other Value: Property Tax:
% Improved: 1.5192307692307692 Delinquent Yr:
Exempt Amt: Exempt Codes:
SALEHISTRY Sale 1 Sale 2
Sale 3 Transfer
Recording Date:
Recording Doc: 200000000000
Rec. Doc Type:
Transfer Amount:
Seller (Grantor):
Ist Trst Dd Amt: Code 1: 2nd Trst Dd Amt:
Code 2:
PROPERTY CHARACTERISTIC
Lot Acres: 1.93 Year Built:
Fireplace:
Lot SqFt: 84,245.67 Effective Yr:
A/C:
Bldg/Liv Area: Total Rooms:
Heating:
Units: Bedrooms:
Pool:
Buildings: Baths (Full):
Flooring:
Stories: Baths (Half):
Park Type:
Style: Bsmt SqFt:
Spaces:
Construct: Garage SqFt:
Site Influence:
Quality:
Other: Timber :
Building Class:
Other Rooms: Ag Preserve:
Condition:
***The information provided here is deemed reliable, but is not guaranteed.
EXHIBIT B
FULL EXECUTED
CONTRACT
State of California - Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
GRANT CONTRACT
2018 Parks Bond Act
Per Capita Grant Program
GRANTEE City of Imperial
THE PROJECT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2028 CONTRACT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2048 The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.
The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost Estimate Form or acquisition documentation for the applications) filed with the State of California.
The General and Special Provisions attached are made a part of and incorporated into the Contract.
City of Imperial
By STATE OF CALIFORNIA
ture of Authorized Representative) DEPARTMENT OF PARKS AND RECREATION - DocuSigned by:
Title City Manager, Assistant City Manager, or Parks Di By Bubors Baker
Date 218/2023 279422350.
Date
CERTIFICATION OF FUNDING
(For State Use Only)
CONTRACT NO AMENDMENT NO FISCAL SUPPLIER I.D.
C9801240 PROJECT NO.
0000012460 18-13-006; 18-13-007: 18-13-008
AMOUNT ENCUMBERED BY THIS DOCUMENT 18-13-009; 18-13-010 FUND.
$177,952.00 Drought, Water, Cin Air, Cstl Protc, Outdoor Fund
RIOR AMOUNT ENCUMBERED FOR TH ITEM
ONTRAC CHAPTER STATUTE FISCAL YEAR
3790-101-6088 29
18 2022/23
TOTAL AMOUNT ENCUMBERED TO DATE Reporting Structured. Account/Alt Account. ACTIVITY CODE PROJECT / WORK PHASE $177,952.00 37900091 5432000-5432000000
69801
RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as "GRANTOR," "DEPARTMENT" or "STATE") and City of Imperial (hereinafter referred to as "GRANTEE").
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "GRANT MONIES") not to exceed . $177,952, subject to the terms and conditions of this AGREEMENT and the 2018/19 California State Budget, Chapter 29, statutes of 2018, Item number - 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as "PER CAPITA GRANT"). These funds shall be used for completion of the GRANT SCOPE(S).
The Grant Performance Period is from_July 01, 2018 to June 30, 2028.
Il. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term "ACT" means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.
2. The term "APPLICATION" means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.
3. The term "DEPARTMENT" or "STATE" means the California Department of Parks and Recreation.
4. The term "DEVELOPMENT" means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.
5. The term "GRANTEE" means the party described as the GRANTEE in Section I of this CONTRACT.
6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.
7. The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor. Access For All Act of 2018 Per Capita Program." The 1 PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.
B. Project Execution
1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended ir carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).
The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.
2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.
3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).
4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).
C. Project Costs
1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.
2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.
D. Project Administration
1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest-bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the 2 grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.
2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.
3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.
E. Project Termination
1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.
2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.
3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.
4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.
5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public. 3 F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.
G. Hold Harmless
1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.
2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.
3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE's litigation costs, expenses, and reasonable attorney fees.
4. The GRANTEE and the STATE agree that in the event of judgment entered against Neither party shall request a jury apportionment.
5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.
H. Financial Records
1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to 4 the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or issuance of final payment, whichever is later.
2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective
3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.
4. The GRANTEE shall use a generally accepted accounting system.
I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.
2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.
3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.
4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permissior that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under the Grant CONTRACT.
5 5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.
6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.
2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.
K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.
L. Liability
1. STATE assumes no responsibility for assuring the safety or standards of to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.
GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE's and STATE'S interest against poor workmanship, fraud, or other potential loss associate with completion of the grant proiect
6 M. Assignability
Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.
N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.
O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.
P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.
III. SPECIAL PROVISIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Grantees include those who have contracted or will contract to receive State grants Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 7 calendar days to provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State.
City of Imperial
GRANTEE
By:
Signature of Authorized Representative
Title: Parks and Recreatioi Directon
Date: 218/2023
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
- DocuSigned by:
By: Barbers Baker
708FDA4C8D9E41C.
Date: 2/14/2023
8 RECORDING REQUESTED BY:
California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Sara Schlussler
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
DEED RESTRICTION
1. WHEREAS,
_ (hereinafter referred to as "Owners)" is/are recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the "Property"); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as "DPR") is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the "PRC"). And III. WHEREAS, Owners) (or Grantee) applied to DPR for grant funds available pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018 Parks Bond Act, 2018 Parks Bond Act Per Capita Program for Replace irrigation system for sofiball fields on the Property; and
IV. WHEREAS, on July 1, 2020, DPR's Office of Grants and Local Services conditionally approved Grant 18-13-009, (hereinafter referred to as "Grant") for Replace irrigation system for softball fields on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, 2018 Parks Bond 1 Act Per Capita Program and the funds that are the subject of the Grant could therefore not have been granted; and
VI. WHEREAS, Owners) has/ve elected to comply with the Deed Restriction of the Grant, so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant; NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors- in-interest, hereby irrevocably covenants) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof.
l. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall bind Owners) and all his/her/their assigns or successors-in-interest for the period running from July 1, 2018 through June 30, 2048.
2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statue, which survives a sale of tax-deeded property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owners) to ascertain whether the use restrictions set forth above are being observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owners) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and 2 all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach.
SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired.
Dated: _ 20
Business Name (if property is owned by a business):
Owner(s) Name(s):
Signed: Signed:
PRINT/TYPE NAME & TITLE OF ABOVE PRINT/TYPE NAME & TITLE OF ABOVE (GRANTEE'S AUTHORIZED REPRESENTATIVE) (ADDITIONAL SIGNATURE, AS REQUIRED) **NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or State of California
County of
On before me, , a Notary Public,
personally appeared _ who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
EXHIBIT A
PROPERTY DETAILS
Full Property Details Imperial County
PROPERT DETAIL
Parcel# (APN): 064-132-001 Use Description: GXNX,X
Parcel Status: A
Owner Name: CITY OF IMPERIAL
Mailing Addr: 0,
Situs Addr:
Legal Description: EMERSON PARK BLK 122 2.07 AC TOWNSITE OF IMPERIAL OM 16 Latitude: 32.8428499300 Longitude: -115.574189510
ASSESSMENT
Total Value: 0.00 Use Code: GXNX,X GXNX
Zoning:
Land Value: .00 Tax Rate Area: 006022
Impr Type:
Impr Value: .00 Year Assd: Price/Saft: 0.00
Other Value: Property Tax:
% Improved: NaN Delinquent Yr:
Exempt Amt: Exempt Codes:
SALEHISTRY Sale 1 Sale 2 Sale 3 Transfer
Recording Date:
Recording Doc: 200000000000
Rec. Doc Type:
Transfer Amount:
Seller (Grantor):
Ist Trst Dd Amt: Code 1: 2nd Trst Dd Amt:
Code 2:
PROPERTY CHARACTERISTIC
Lot Acres: 2.05 Year Built: Fireplace:
Lot SaFt: 89,428.57 Effective Yr:
A/C:
Bldg/Liv Area: Total Rooms:
Heating:
Units: Bedrooms:
Pool:
Buildings: Baths ( Full):
Flooring:
Stories: Baths (Half):
Park Type:
Style: Bsmt Sqft:
Spaces:
Construct: Garage SqFt:
Site Influence:
Quality: Other:
Timber :
Building Class:
Other Rooms: Ag Preserve:
Condition:
***The information provided here is deemed reliable, but is not guaranteed.
EXHIBIT B
FULL EXECUTED
CONTRACT
State of California - Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
GRANT CONTRACT
2018 Parks Bond Act
Per Capita Grant Program
GRANTEE City of Imperial
THE PROJECT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2028 CONTRACT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2048 The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.
The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California.
The General and Special Provisions attached are made a part of and incorporated into the Contract.
City of Imperial
By STATE OF CALIFORNIA
rature of Authorized Representative) DEPARTMENT OF PARKS AND RECREATION - DocuSigned by:
Title City Manager, Assistant City Manager, or Parks Di By Barbara Baker Date 218/2023 27947223..
Date
CERTIFICATION OF FUNDING
(For State Use Only)
CONTRACT NO AMENDMENT NO FISCAL SUPPLIER I.D.
PROJECT NO.
C9801240 18-13-006; 18-13-007: 18-13-008
0000012460
18-13-009: 18-13-010
AMOUNT ENCUMBERED BY THIS DOCUMENT FUND.
$177,952.00 Drought, Water, CIn Air, Cstl Protc, Outdoor Fund
PRRUNENCUMBERED FOR THIS ITEM CHAPTER
STATUTE FISCAL YEAR
3790-101-6088 29
18 2022/23
TOTAL AMOUNT ENGUMBERED TO DATE Reporting Structured. Account/Alt Account. ACTIVITY CODE PROJECT / WORK PHASE $177,952.00 37900091 5432000-5432000000
69801
1. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as "GRANTOR," "DEPARTMENT" or "STATE") and City of Imperial (hereinafter referred to as "GRANTEE").
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "GRANT MONIES) not to exceed $177,952, subject to the terms and conditions of this AGREEMENT and the 2018/19 California State Budget, Chapter 29, statutes of 2018, Item number - 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as "PER CAPITA GRANT"). These funds shall be used for completion of the GRANT SCOPE(S).
The Grant Performance Period is from _July 01, 2018 to June 30, 2028.
II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term "ACT" means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.
2. The term "APPLICATION" means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.
3. The term "DEPARTMENT" or "STATE" means the California Department of Parks and Recreation.
4. The term "DEVELOPMENT" means capital improvements to real property by neans or, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.
5. The term "GRANTEE" means the party described as the GRANTEE in Section I of this CONTRACT.
6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.
7. The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program." The 1 PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.
B. Project Execution
1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).
The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.
2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.
3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).
4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).
C. Project Costs
1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.
2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.
D. Project Administration
1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest-bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the 2 grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.
2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.
3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.
E. Project Termination
1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.
2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.
3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.
4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.
5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public. 3 F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.
G. Hold Harmless
1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.
2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.
3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE's litigation costs, expenses, and reasonable attorney fees.
4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.
Neither party shall request a jury apportionment.
5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.
H. Financial Records
1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to 4 the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or issuance of final payment, whichever is later.
2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.
3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.
4. The GRANTEE shall use a generally accepted accounting system.
I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.
2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.
3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.
4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permissior that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under the Grant CONTRACT.
5 5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.
6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.
2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.
K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.
L. Liability
1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE.
The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.
2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE's and STATE'S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project.
6 M. Assignability
Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.
N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.
O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.
P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.
III. SPECIAL PROVISIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. This Executive order extends to recipients of any State Grants (Grantee).
Grantees include those who have contracted or will contract to receive State grants funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 7 calendar days to provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State.
City of Imperial
GRANTEE
By:
Signature of Authorized Representative
Title: Parks and Recreation Directon
Date: 218/2023
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
- DocuSigned by:
By: Barbara Baker
708FDA4C8D9E41C..
Date: 2/14/2023
8 RECORDING REQUESTED BY:
California Department of Parks and Recreatior
Office of Grants and Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Sara Schlussler
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
DEED RESTRICTION
I. WHEREAS,
(hereinafter referred to as "Owners)" is/are recorded
owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the "Property"); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as "DPR") is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the "PRC"). And Ill. WHEREAS, Owners) (or Grantee) applied to DPR for grant funds available pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018 Parks Bond Act, 2018 Parks Bond Act Per Capita Program for Replace existing fencing on the Property; and
IV. WHEREAS, on July 1, 2020, DPR's Office of Grants and Local Services conditionally approved Grant 18-13-010, (hereinafter referred to as "Grant") for Replace existing fencing on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, 2018 Parks Bond 1 Act Per Capita Program and the funds that are the subject of the Grant could therefore not have been granted; and
VI. WHEREAS, Owners) has/ve elected to comply with the Deed Restriction of the Grant, so as to enable Owners), to receive the Grant funds and perform the work described in the Grant; NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owners) for himself/herself/themselves and for his/her/their heirs, assigns, and successors- in-interest, hereby irrevocably covenants) with DPR that the condition of the grant (set forth at paragraphs) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof.
DURATION. (a) This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors-in-interest for the period running from July 1, 2018 through June 30, 2048.
TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statue, which survives a sale of tax-deeded property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owners) to ascertain whether the use restrictions set forth above are being observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owners) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and 2 all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach.
SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired.
Dated: _, 20
Business Name (if property is owned by a business):
Owners) Name(s):
Signed: Signed:
PRINT/TYPE NAME & TITLE OF ABOV PRINT/TYPE NAME & TITLE OF ABOVE
GRANTEE'S AUTHORIZED REPRESENTATIVE (ADDITIONAL SIGNATURE, AS REQUIRED) **NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or State of California
County of
On before me, , a Notary Public,
personally appeared _ who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
4 EXHIBIT A
PROPERTY DETAILS
Full Property Details Imperial County
PROPERT DETAIL
Parcel#(APN): 064-154-002 Use Description: RVXGX
Parcel Status: A
Owner Name: CITY OF IMPERIAL
Mailing Addr:
Situs Addr:
Legal Description: LOTS 9 10 11 & 12 BLK 114 TOWNSITE OF IMPERIAL Latitude: 32.8437133300 Longitude: -115.565397670
ASSESSMENT
Total Value: 0.00 Use Code: RVXG,X Zoning: RVXG
Land Value: .00 Tax Rate Area: 006015 Impr Type:
Impr Value: .00 Year Assd: Price/Sqft: 0.00
Other Value: Property Tax:
% Improved: NaN Delinquent Yr:
Exempt Amt: Exempt Codes:
SALEHISTRY Sale 1 Sale 2 Sale 3 Transfer
Recording Date: 1969-06-12 00:00:00
Recording Doc: 196912790604
Rec. Doc Type:
Transfer Amount:
Seller (Grantor):
1st Trst Dd Amt: Code 1: 2nd Trst Dd Amt: Code 2:
PROPERTY CHARACTERISTIC
Lot Acres: .OO Year Built: Fireplace:
Lot Sqft: 29,657.97 Effective Yr: A/C:
Bldg/Liv Area: Total Rooms: Heating:
Units: Bedrooms:
Pool:
Buildings: Baths (Full): Flooring:
Stories: Baths (Half): Park Type:
Style: Bsmt SqFt: Spaces:
Construct: Garage SqFt: Site Influence:
Quality: Other: Timber :
Building Class: Other Rooms:
Ag Preserve:
Condition:
***The information provided here is deemed reliable, but is not guaranteed.
EXHIBIT B
FULL EXECUTED
CONTRACT
State of California - Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
GRANT CONTRACT
2018 Parks Bond Act
Per Capita Grant Program
GRANTEE City of Imperial
THE PROJECT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2028 CONTRACT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2048 The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.
The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California.
The General and Special Provisions attached are made a part of and incorporated into the Contract.
City of Imperial
By STATE OF CALIFORNIA
ture of Authorized Representative) DEPARTMENT OF PARKS AND RECREATION -- DocuSigned by:
Title City Manager, Assistant City Manager, or Parks Di By Barbers Baku
Date 2/8/2023 27947202340..
Date
CERTIFICATION OF FUNDING
(For State Use Only)
CONTRACT NO AMENDMENT NO FISCAL. SUPPLIER I.D.
C9801240
0000012460 162305 18 130-18-12000
AMOUNT ENCUMBERED BY THIS DOCUMENT FUND.
$177,952.00 Drought, Water, CIn Air, Cstl Protc, Outdoor Fund
RIOR AMOUNT ENCUMBERED FOR THI ITEM
ONTRAC CHAPTER STATUTE FISCAL YEAR
3790-101-6088 29
18 2022/23
TOTAL AMOUNT ENGUMBERED TO DATE Reporting Structured. Account/Alt Account. ACTIVITY CODE PROJECT/WORK PHASE $177,952.00 37900091 5432000-5432000000
69801
1. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as "GRANTOR," "DEPARTMENT" or "STATE") and City of Imperial (hereinafter referred to as "GRANTEE").
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "GRANT MONIES to exceed $177,952, subject to the terms and conditions of this AGREEMENT and the 2018/19 California State Budget, Chapter 29, statutes of 2018, Item number - 3790-101-6088 appropriation chapter and budget item number hereinafter referred to as "PER CAPITA GRANT"). These funds shall be used for completion of the GRANT SCOPE(S).
The Grant Performance Period is from July 01, 2018 to June 30, 2028.
Il. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term "ACT" means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.
2. The term "APPLICATION" means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.
3. The term "DEPARTMENT" or "STATE" means the California Department of Parks and Recreation.
4. The term "DEVELOPMENT" means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.
5. The term "GRANTEE" means the party described as the GRANTEE in Section I of this CONTRACT.
6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost -Stimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.
7. The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Uutdoor Access For All Act of 2018 Per Capita Program." The 1 all file 10. 00000&-CUM 4004-0096-00/0/10
PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.
B. Project Execution
1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).
The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.
2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section! of this CONTRACT, and under the terms and conditions of this CONTRACT.
3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).
4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990(42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).
C. Project Costs
1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.
2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.
D. Project Administration
1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest-bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the 2 ıı b M[y z v
grant and any interest earned shall bereturned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.
2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.
3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.
E. Project Termination
1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.
2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.
3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.
4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attomey fees.
5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public. 3 F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.
G. Hold Harmless
1. The GRANTEE shall waive all claims and recourse against the STATE including he right to contribution tor loss or damage to persons or property arising from growing out of or in any way connected with or incident to this CONTRACT excep! claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.
2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.
3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE's litigation costs, expenses, and reasonable attorney fees.
4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.
Neither party shall request a jury apportionment.
5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.
H. Financial Records
1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to 4 the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or issuance of final payment, whichever is later.
2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.
3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.
4. The GRANTEE shall use a generally accepted accounting system.
I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.
2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.
3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.
4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under the Grant CONTRACT.
5 5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the rea property, including improvements, at the time of sale, whichever is higher.
6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.
2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.
K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.
L. Liability
1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE.
The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.
2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE's and STATE'S interestagain poor gran anship, traud, or other potential loss associater 6 M. Assignability
Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.
N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.
O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.
P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.
III. SPECIAL PROVISIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. This Executive order extends to recipients of any State Grants (Grantee).
Grantees include those who have contracted or will contract to receive State grants funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 7 calendar days to provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State.
City of Imperial
GRANTEE
By:_
Signature of Authorized Representative
Title: Parks and Recreatioi Directon
Date: 218/2023
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
- DocuSigned by:
By: Bubore Baker
- 708FDA4C8D9E41C.
Date: 2/14/2023
8 EVANS
PARK
JOSHUA TREE PARK
PROP
EAGER
PARK
PROP
FREDDIE
WHITE
PARK
PROP
SUNSET
PARK
C-4
Agenda Item No.
DATE SUBMITTED 03/11/2024 COUNCIL ACTION (X)
PUBLIC HEARING REQUIRED ( )
SUBMITTED BY Capt. Max Sheffield RESOLUTION ()
ORDINANCE IST READING ()
DATE ACTION REQUIRED 03/20/2023 ORDINANCE 2ND READING )
CITY CLERK'S INITIALS ()
IMPERIAL CITY COUNCIL
AGENDA ITEM
SUBJECT: DISCUSSION/ACTION:
EXPENDITURE PLAN AND REOLUTION ACCEPTING THE 2022/2023, STATE CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) ALLOCATION FUNDING.
1. APPROVAL OF RESOLUTION 2024-08 APPROVING THE ACCEPTANCE OF STATE COPS PROGRAM FUNDING FOR FISCAL YEAR 2022/2023
DEPARTMENT INVOLVED: POLICE DEPARTMENT
BACKGROUND/SUMMARY:
The County of Imperial Administration Office has allocated S100,000.02 for FY 2022/2023. The below expenditure plan was developed in connection to the grant requirements. To accept this grant funding, the City is required to adopt a resolution accepting the funds and an expenditure plan outlining the use for those funds. (See Resolution 2024-08) Expenditure plan outlines the following Public Safety expenditures.
1. $22,075.72: (1) Live Scan Machine
Live Scan Machine will be purchased immediately upon approval. $58,989.00: (34) Ballistic Vests
Vests will be purchased on an as needed basis throughout the next five years.
3. $38,735.30: New Animal Control Facility
Money will be set aside for future purchase. Expected amount of facility is in excess of $100,000.
FISCAL IMPACT: NONE FINANCE
INITIALS UMS
STAFF RECOMMENDATION:
The Department is requesting approval to use COPS funds as outlined in the DEPT. INITIALS MS #4/01 supporting documents.
MANAGER'S RECOMMENDATION: CITY
appsome stay recommendation MANAGER's
INITIALS
MOTION:
SECONDED: APPROVED REJECTED 8
AYES: DISAPPROVED DEFERRED
NAYES:
ABSENT: REFERRED TO:
RESOLUTION NO. 2024-08
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF IMPERIAL APPROVING THE ACCEPTANCE OF
STATE CITIZENS OPTIONS FOR PUBLIC SAFETY
(COPS) PROGRAM FUNDING FOR FISCAL YEAR
2022-2023
WHEREAS, the City of Imperial received funding from the State of California Citizens Options for Public Safety (COPS) Program, and is approved for funding for the program in FY 2022-2023 in the amount of $100,000.02; and
WHEREAS, the Imperial Police Department will utilize the aforementioned funds for (1) Livescan Machine, (34) Ballistic Vests, and the building of a new animal control facility; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IMPERIAL, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. To authorize the request for funding from the State of California COPS Program for Fiscal Year 2022-2023 in the amount of $100,000.02.
2. To authorize the Imperial Police Department to utilize the funds as outlined, upon receipt of funds from the County Auditor.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Imperial on the 20th day of March, 2024.
ROBERT AMPARANO,
Mayor
ATTEST:
KRISTINA SHIELDS,
City Clerk
CERTIFICATION
I, Kristina Shields, City Clerk of the City of Imperial, California, hereby certify that the foregoing Resolution No. 2024-08 was duly adopted at a meeting of the City Council of said City at its meeting held on the 20%h day of March 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Imperial, California, this 20th day of March, 2024.
KRISTINA SHIELDS,
City Clerk
Agenda Item No. C-5
DATE SUBMITTED 3/15/24 COUNCIL ACTION (X)
PUBLIC HEARING REQUIRED ()
SUBMITTED BY City Attorney RESOLUTION ()
ORDINANCE IST READING ()
DATE ACTION REQUIRED March 20, 2024 ORDINANCE 2ND READING ()
CITY CLERK'S INITIALS
IMPERIAL CITY COUNCIL
AGENDA ITEM
SUBJECT: DISCUSION/ACTION:
Adoption of Updated Records Retention Policy.
BACKGROUND/SUMMARY:
In the regular course of business, the City Manager has directed the City Attorney to update the City of Imperial's Records Retention Policy. This policy is based upon guidance from the California Secretary of State and provides a breakdown that can be referenced by all City employees for maintenance or destruction of City documents.
FISCAL IMPACT: None. FINANCE
INITIALS
STAFF RECOMMENDATION: Adopt the Records Retention
Policy. DEPT. INITIALS
MANAGER'S RECOMMENDATION: CITY
approve MANAGER's
INITIALS
MOTION:
SECONDED: APPROVED REJECTED
8)
AYES: DISAPPROVED DEFERRED
NAYES:
ABSENT: REFERRED TO:
CITY OF IMPERIAL
RECORDS RETENTION GUIDELINES
"Imperial
California
Updated by the Imperial City Council on March 20, 2024
TABLE OF CONTENTS
LEGEND AND CITATIONS............... .........З
ADMINISTRATIVE SERVICES - GENERAL.. ............4
CITY FACILITIES / BUILDINGS.............. .........4
HUMAN RESOURCES & RISK MANAGEMENT... .............5
FINANCE... ......7
IT SERVICES.. .......10
CITY CLERK / ELECTIONS.. ........11
CITYWIDE - ALL DEPARTMENTS... .........14
LEGAL / LEGISLATIVE. ...........15
COMMUNITY DEVELOPMENT. ...........15
PARKS & RECREATION.. .........19
PUBLIC SERVICES.. .......20
City of Imperial Records Retention Policy Page 2 of 23
LEGEND
AC = Active AD = Adoption
AU = Audit CL = Closed/Completion
CU = Current Year DOB = Date of Birth
E = Election L = Life
P = Permanent S = Supersede
CITATIONS
B&P - Business and Professions H&S - Health & Safety
CAC - California Administrative Code HUD - Housing and Urban CCP - Code of Civil Procedure Development
CCR - Code of California Regulations OSHA - Occupational Safety & Health Act CEQA - California Environmental Quality PC - Penal Code Act POST - Police Officers Standards Training
CFR - Code of Federal Regulations
EC - Election Code UFC - Uniform Fire Code
FMLA - Family & Medical Leave Act USC - United States Code WIC - Welfare & Institutions Code
GC - Government Code
City of Imperial Records Retention Policy Page 3 of 23
ADMINISTRATIVE SERVICES - GENERAL
Record Series Retention Citation Descriptor
Administration cu+2 GC 34090
Biographies GC34090
Classifications and P GC 34090; Includes supplemental Personnel records. Wage rate tables 2 years.
Appointments GC 12946;
29 CFR
516.6(2); 29
CFR 1602.4
Correspondence/ Originating CU+2 GC34090(d) If not attached to agreement or project file Department
Goals & Objectives CU +2 GC34090 Departmental goals & objectives Policies & Procedures, S + 5 GC34090(d) Retain while current Departmental
Promotional Marketing
External CU + 7
Internal 2
Reports
Departmental CU + 2 GC34090 Special/or final summary, review or evaluation Staff CU +2 GC34090 Non-agenda related, includes supporting documentation Special Projects CU+2 GC34090
Support Services CU +2 GC34090 Reproduction; printing; postal/mailing services, other internal resources Travel Records CU + 2 GC34090
CITY FACILITIES / BUILDINGS
Capital Improvements, P 2.083110; GC34090a; Contains records re: Planning, design, construction, conversion or Construction 4004; H&S modification of local government-owned facilities, structures & systems 19850; GC34090a
Facility Rentals/Use CU + 2 GC34090 Permits, contracts, diagrams, schedules, insurance binders City of Imperial Records Retention Policy Page 4 of 23
Maintenance & CU +2 GC34090d Service requests, invoices, supporting documentation; buildings, Operations equipment, field engineering, public
facilities including work orders and graffiti removal
HUMAN RESOURCES & RISK MANAGEMENT
Record Series Retention Citation Descriptor
Benefit Plan Claims P GC6250 et May include dental, disability, education, health, life and vision seq; including dependent care and Employee Assistance
OMB A-129 29 CFR *29 CFR 1637.3: 29 USC 1027: 29 CFR 1627.3: 29 USC 1602.30; 1113
32; Lab Rel Sec 1174*
Benefit Plan Enrollment, CL + 4 GC34090; OMB A-128
Denied
Bond, Personnel Fidelity T +2 GC34090 Employee Fidelity Bonds Employee Handbook S + 2 GC 34090 General employee information including benefit plans Employee Programs CL + 2 GC 34090; Includes EAP and Recognition GC 12946
Employee Rights General GC12946; 29 CFR May include Arbitration, grievances, union requests, sexual harassment and Employees Safety (Police) T +5 1602; 29 Civil Rights, complaints, disciplinary actions T+5 USC 211 (e); 203(m); 207(g)
Hourly Employees T + 6 GC12946; GC34090* *29 CFR 1627.3, Labor Relations Section 1174 Immigrant Immigration 1-9's
Reform/Control Act
1986 Pub. L 99-603
Medical Leave CL + 30 FMLA 1993 US May include Family leave; certifications; tests; W-4's; OSHA; 29 CFR; *29 CFR 1602.30.32; 49 CFR 193-9;
1910.20*
Motor Vehicle Pulls (DMV) CL +7 GC12946, * *CA 91009; 8 USC 1324 (a) Negotiation P 29 USC Notes, notebooks, correspondence, contracts, and Memorandums of Sections 211(c), Agreements
203(m),
207(g)
Non-Safety Employees T +5 Reference: 29 CFR Non-safety employees may include: Release Authorizations; 1627.3; Certifications; Reassignments; outside employment; CCR Sec 1174; 29 commendations disciplinary actions; terminations; Oaths of Office; City of Imperial Records Retention Policy Page 5 of 23
CFR 1602.30.32; evaluations-pre-employee medicals; fingerprints; identification GC6250 et cards (ID=s)
seq; 29 CFR; GC *1607.4; 29 CFR 655.202; 29 CFR 516.6 et seq; 45 CFR 1068.6(a) 12946
34090*
Personnel Records (copies) CU +5 GC34090; GC6250 Attendance; evaluations; drafts; worksheets; postings PERS, Social Security, SSI P 29 CFR EEOC/ADEA
1627.3(2);
GC 12946,
34090
Recruitment CL +3 Reference: GC12946; Applications, resumes, alternate lists/logs, indices; ethnicity disclosures; GC6250 et seq; examination materials; examination answer sheets, job bulletins; eligibility; 29 CFR 1602 et seq electronic database
29 CFR 1607;
29 CFR 1627.3
Reports CU +2 GC34090 Employee statistics, benefit activity; liability loss Safety Employees T + 5 Reference: 29 CFR Police, fire, emergency employees may include; Release 16273; CCR Authorizations; Certifications Reassignments; outside Sec 1174; employment; commendations disciplinary actions; terminations; 29 CFR Oaths of Office; evaluations-pre employee medicals *29 CFR 1607.4; * 1602.30.32; 29 CFR 655.202; 29 CFR
516.6 et seq; 45 CFR 1068.6(a)
Surveys and Studies CU +2 GC 12946, Includes classification, wage rates 34090; 29
CFR 516.6(2); 29 CFR
1602.14
Training Records Non-Safety CU + 7 GC6250 et Employee applications, volunteer program training, class training seq materials, internships;
Personnel (by name) T+7 GC34090 Paperwork documenting officers internal and external training Safety CU + 2 GC34090 Certifications/designations
Vehicle Mileage S+ 2 GC 34090 Annual mileage reimbursement rates Reimbursement Rates
RISK MANAGEMENT
Accident Reports - City CL +7 29 CFR 1904.2; 29 Reports and related records Assets *FR 1904.6
Bonds, Insurance CCP 337.2; 343 Bonds and insurance policies insuring city property and other assets
Claims, Damage CL + 5 GC34090; GC25105.5 Paid/Denied
City of Imperial Records Retention Policy Page 6 of 23
Incident Reports CL +7 29 CFR Theft, arson, vandalism, property damage or similar occurrence 1904.2; 29 (excluding fire/law enforcement)
CFR 1904.6
Insurance, JPIA Agreement P GC34090 (Authority California Cities Excess Liability Insurance) B Accreditation/ MOU=s/agreement/agendas
Insurance, Certificates P GC34090 Insurance certificates filed separately from contracts, includes insurance filed by licensees
Insurance, Liability/Property GC34090 May include liability, property, Certificates of Participation, deferred, use of facilities
Insurance, Workers GC6410; 29 CFR Indemnity; PERS - working files - originals with Administrator Compensation 1910.20
Photographs, Negatives, Film CL +2 GC34090
Risk Management Reports CL +5 OMB 1220-0029; 29 Federal OSHA Forms; Loss Analysis Report; Safety Reports ; CFR1904.4; GC 34090 Actuarial Studies
Workers Compensation CCR 14311; 15400.2; Claim Files, Reports, Incidents CA Labor Code 110- (working files) originals filed with Administrator 139.6
FINANCE
Record Series Retention Citation Descriptor
AUDIT
Annual Financial Report CL +2 GC34090 Independent auditor analysis Bonds CL + 10 GC34090; CCP 337.5 Final bond documentation Budget GC34090 Annual operating budget approved by Legislative Body Budget Operating (copies) GC34090 Departmental Reference Hearing or Review AU + 2 GC34090; OMB A-128 Documentation created and or received in connection with an audit hearing or review
Reports AU + 4 GC34090; OMB A-128 Internal and/or external Reviews, Internal/External CU GC34090; GC6250 Daily, weekly, monthly, quarterly or other summary, review, evaluation, log, Periodic list, statistics, except a report
PUBLIC FINANCING
AUTHORITY
Administration GC 34090
Financial Records GC 34090, 40802, 53901
City of Imperial Records Retention Policy Page 7 of 23
Management Reports 2 GC 34090
ACCOUNTING
Accounts Payable AU + 4 GC34090 Invoices, check copies, supporting documents Accounts Receivable AU + 4 GC 34090
Applications CL + 2 GC34090 Utility connections, disconnects, registers, service Assessment Districts P GC 34090 Collection information; Original documentation files with municipal clerk Bank Reconciliation AU + 5 GC34090; 26 Statements, summaries for receipts, disbursements & reconciliation CFR 16001-1
Billing Records AU + 2 GC34090 Customer name, service address, meter reading, usage, payments, applications/cancellations
Budget AU + 2 GC 34090
Budget adjustments, journal AU + 2 GC34090 Account transfers entries
Checks AU + 5 GC34090; CCP 337 Includes payroll, canceled & voided checks Deposits, Receipts AU + 4 GC 34090; Checks, coins, currency CCP 337
Invoices AU + 2 GC34090 Copies sent for fees owed, billing, related documents Journals
Utility Billing CU + 2 GC34090 Billing including monthly activity Ledger, General P GC34090; * * CCP 337
Voucher AU + 4 GC34090; CCP 337 Account postings with supporting documents Taxes, Receivable AU + 3 CCP338
Warrant Register AU + 2 GC 34090.7
ADMINISTRATIVE SERVICES
Budget Operating (copies) S GC34090 Departmental Reference Budget, Proposed CU + 2 GC34090 Presented to Council
Adopted GC 34090
FIXED ASSETS
Inventory AU + 4 GC34090; 26 Reflects purchase date, cost, account number CFR 301 65- 1(F)
Surplus Property
Auction AU + 2 GC34090 Listing of property
Disposal AU + 4 GC34090; CCP 337 Sealed bid sales of equipment Vehicle Ownership & Title L VC 9900 et Title transfers when vehicle sold seq.
LICENSE
City of Imperial Records Retention Policy Page 8 of 23
Business T+4 GC34090; CCP 337 Paid & reports
PAYROLL
Adjustments AU + 4 GC 34090 Audit purposes
29 CFR
516.5 - 516.6
Employee Time Sheets AU + 6 GC34090; 29 CFR 516.2* Signed by employee for audit & FEMA Reports *20 CFR 516.6(1); IRS Reg. 31.6001-1(e)(z); R&T 19530; LC 1174(d) PERS Employee Deduction T +4 GC34090; CAC 22- Record of deductions Reports 1085-2 (PFR S16.5, 5165.8, Le 16 Retirement System) *26CFR 31.6001-1:29 Register P GC34090; GC37207 Labor costs by employee & program Salary Records T+ 3 GC34090; 29 Deduction authorization, beneficiary designations, unemployment CFR 516.2 claims, garnishments
PURCHASING
Bids, RFO's, RFP's AU + 4 GC34090; CCP 337; * Requests for Qualifications; Requests for Proposals regarding Successful Unsuccessful AU + 5 goods and services * GC 25105-1; GC 34090 CU + 2
Requisitions
Purchase Orders AU + 4 GC34090; CCP 337 Original documents Stores CU + 2 GC34090 Completed forms for ordering
Vendor Register P GC34090 Alpha vendor listing of purchase orders, invoices, account numbers and check date
REPORTS
Audits P GC 34090
Deferred Compensation T + 5 GC34090; 26 Records of employee contributions and city payments CFR 16001- *29 CFR 1627.3(2)
1*
Federal and State Tax AU + 4 GC34090; 29USC 436 Forms 1096, 1099, W-4's and W-2's *26 CFR 31.6001.1-4; IRS REG 31.6001-1(e)(2); R&T 19530;29 CFR 516.5-516.6
Financial, Annual AU + 7 GC 34090.7
Investment Transactions P GC34090; CCP 337; Summary of transactions, inventory & earnings report GC 53607
Labor Distribution AU + 2 GC34090 Costs by employee & program Meter Reading CU + 2 GC34090
State Controller P GC34090 Controller may destroy after 5 years Utility Rebates CU + 2 GC34090
City of Imperial Records Retention Policy Page 9 of 23
TREASURER
Bank Statements AU + 2 FC 3368, 30210; GC Financing authority 43900 et seq.
Bonds
Account Statements L + 11 GC34090; CCP 337.5 Monthly statement of transactions.
Administration L + 1 GC34090; CCP 337.5 Supporting documents Bonds and Coupons CL + 2 GC34090; 53921 Paid/canceled
IT SERVICES
Internet, World Wide Web 5+2 GC34090 Management/Policies and supporting documentation Inventory, Information 5+2 GC34090 Hardware/Software Inventory logs; systems manuals Systems
Network Information CU + 4 GC34090; CCP Configuration maps and plans Systems (LAN/WAN) 337.2;
343
Program Files and Directories CU + 2 GC34090; GC34090.7 Annual backup CU + (2 Daily backup
mos.) Monthly backup Weekly backup
CU +
1 CU + .5
Tapes Information Systems CU + 2 GC34090 System Generation
CITY CLERK / ELECTIONS
Agendas CU +2 GC34090 Original agendas and special meeting notices, including certificates of posting, original summaries, original
communications and action agendas for Council, Boards and Commissions Agenda Reports (Master, CU+2 GC34090 Documentation received, created and/or submitted to Council Subject Files) (d)
City of Imperial Records Retention Policy Page 10 of 23 Legal Advertising CU + 4 CCP 343, 349 et seq.; Includes public notices, legal publications GC 911.2; GC 34090
Tapes, Audio/Video CU +3 GC 34090.7 When used for minute preparation and may have historical value. mos.
POLICIES/ PROCEDURES
General Administrative S+ 2 GC34090; 40801 All city policies and procedures Policy, Council/ S+ 2 GC34090 Policies, directives rendered by Council not assigned a resolution or ordinance Proclamations number
Minutes P GC34090(d); GC36814; Official minutes and hearing proceedings of governing body or board, GC40801 commission or committee
Notices, Meeting CU + 2 GC 34090.7, Special meetings
54960.1(c)(1)
Ordinances P GC34090(d) 40806 Charter amendments; municipal code Petitions CU + 1 GC50115; GC6253 Submitted to legislative bodies Resolutions P GC34090(d) 40801 Legislative actions
Assessment Districts P GC 34090 Original documentation
Inventory, Records CU + 2 GC34090; 80 OPS Inventory of non-current or inactive records holdings and location, indices.
Atty. Gen. 106 Tapes may be recycled.
Municipal Code P GC 34090 Supplements included
Public Records Request CL + 2 GC 34090
Records Retention Schedule S+4 CCP 343
Master
ELECTIONS
Affidavit Index CL +5 EC 17001
Applications, Absentee E+.5 EC 17505; From date of election Ballots and Envelopes EC 17302
Assisted, Challenged Voters E+ .5 EC 17304 From date of election List
Ballots E+ .5 EC 17302 From date of election; ballots submitted to precincts/City Clerk that were not used - unless contested (EC 17302(c)) retention by court order Ballots California Constitution Art. Property related fees (Assessment Ballot proceeding) Prop. 18 XIII
(Assessment
Districts)
Calendar E +2 GC 34090
City of Imperial Records Retention Policy Page 11 of 23 Canvass GC 22932; EC 17130; Notifications and Publication of Election; Records used to compile EC 2653 final election results, including tally sheets, voting machine tabulation, detailed breakdown of results; special election results Certificates of Election T +4 GC 81009(a) Certificates of election; Original reports and statements (d)
Fair Political Practices
Administration/ CU + 5 FPPC Opinions
Campaign
Statements and Conflict of
Interest
Campaign disclosure, Elected P GC81009(b) FPPC Filings
(g)
Campaign disclosure, Not E +5 GC81009(b) FPPC Filings
Elected
Campaign E+ T GC81009 FPPC Filings
disclosure -
Unsuccessful
(all other
committees)
Candidate Statements E + 4 Sample ballot retained permanently.
History GC 34090 History of elections, sample ballots, certificates of destruction, other resolutions re: elections
Statement of T +7 GC 81009(e) FPPC Filings
economic interest - Elected
Officials
Statement of E+5 GC 81009(b) FPPC Filings
economic interest -
Not Elected
Lobbyist Registration EC 81009(b) Statements
Maps, Precincts/ Voter E+ 2 GC 34090;
Information EC 17501;
EC 17301
Nomination Papers
Successful Unsuccessful E+ 4 EC 17100
E +2 GC 81009(b)
Notifications and E + 2 GC 34090 Proof of publication or posting, certification and listing of notice Publications of posting; copy of newspaper notice and
certification of offices to be voted for at forthcoming election City of Imperial Records Retention Policy Page 12 of 23 Oaths of Office T+ 6 GC34090; 29 USC Elected Officials
1113
Petitions -75 EC 17200, From date of filing or election; Initiative, referendum, recall, 17400; GC Charter Amendments
7253.5; EC
14700 + GC
3756:8
Precinct Records E+ .5 EC 17503 From date of election: Precinct official material; declaration of intention, precinct board member applications, orders appointing members of precinct boards and designating polling places Includes notice of appointment of office and record of service Roster (Of Voters) E+5 EC 17300 From date of election; Initiative, referendum recall, general municipal election, Charter Amendments
Voter Affidavits CL +5 EC 17000
Voter Registration Signature CU +5 EC 17000 Fire, special or school district Copy
COMMUNITY RECORDS
Libraries CU +2 GC 34090 Books, art, gifts, donations, exhibits, theatre, music, special events, etc.
Plaques P Historic value
Sports Organization S+2
GENERAL CITY
Applications, Boards, CL +2 GC34090 Not selected
Commissions, Committees
Applications, T+5 GC34090; GC40801 Selected
Commissions,
Articles of Incorporation P GC34090; CCP 337.2
Contracts T +5 CCP 337.2, Includes leases, equipment, services or supplies and *PU7685; 48 CFR:2; GC53066
Agreements 343; B&P7042,5;
Excl. Capital Improvement
Incl. Capital Improvement P 2.08.110;* Construction, *GC37090a; 4004; H&S 19850
CITYWIDE - ALL DEPARTMENTS
City of Imperial Records Retention Policy Page 13 of 23 General Policies and Procedures S+2 GC34090; 40801 All city policies and procedures
PUBLIC INFORMATION
Brochures,publications, S+2 GC 34090
newsletter, bulletins
Calendar, City CU +2 GC 34090
Media Relations CU +2 GC 34090 Includes cable, newspaper, radio, message boards, presentations.
GRANTS
Community Development Block T+4 GC34090; 24 CFR
Grant and Urban Development 570.502 -AMpia.-02, A po, contracts, supporting documents; 24 CFR85.42*
Federal and State CL +5 GC34090 Refer to grant application close-out procedure Financial Records CL +5 GC34090 Refer to grant application close-out procedure Unsuccessful CL +2 GC34090 Applications not entitled
Inventory, Records CU + 2 GC34090; 80 OPS Inventory of non-current or inactive records holdings and location, indices.
Atty. Gen. 106 Tapes may be recycled.
Records Management CL +2 GC34090 Document includes retrieval, transfers - inactive Records Management P GC34090 Documentation of final disposition or records Disposition/Certification
Records Retention Schedules S+ 4 CCP 343
LEGAL / LEGISLATIVE
Appeals, Civil CU + 3 CCP 583.320(a)(3); GC
34090
Case Log CCP 337.2; 343 From Close of cases listed; Chronological listing of cases Case Records - (High Profile) GC6254 Significant cases which have importance/or set legal precedence.
Includes logs, complaints, police reports,
court orders, motions, notes, briefs
Case Records CO + 7 42 USC s1983 Includes logs, complaints, police reports, court orders, motions, notes, briefs, losing statements (unless minors - 3 years after attaining 18) Index, Attorney Case L GC6254 Including notations on activities related to case City of Imperial Records Retention Policy Page 14 of 23 Logs, Attorney Service CU + 2 GC34090 Service request, summaries of monthly requests Request
Opinions S+2 GC34090; GC6254 Confidential
COMMUNITY DEVELOPMENT
Benchmark Data CU + 2 GC34090d Horizontal, vertical & control Bids & Proposals CL + 2 GC34090d
(Unsuccessful)
Bonds CL + 10 CCP 337.5 Housing; Industrial Development Development
Security CL + 2 GC34090 Documentation created and or received in connection with the performance of work/services for the city, ol
for parcel maps and subdivision work
Code Books GC34090e National Electrical Code, Uniform Building, Fire, Mechanical, Plumbing & Supplements
Contractor CU + 2 GC34090d Current listing
Correspondence CU + 2 GC34090d Working documentation
evelopment Condition: L GC34090 Mitigation measures; filed with case files Development Agreements P CCP337, 337.1(a), Infrastructure contracts, franchises. Original maintained for 7 years. 337.15; GC34090;4 8
CFR
4.703
Development Standards P GC34090a Landscape mediums, parkway landscape development, public works construction
Drawings, Project Plan CU + 2 GC34090d Does not include those usually filed with case or project Franchises GC65864, 65869.5, Including subdivision agreements, contracts for sale or 34090* purchase of property, cable, grant of easements and/pr involving construction of improvements
*CCP 337.2, 343; AC16023
General Subject Files CU + 2 GC34090d Internal working files including correspondence Grants, Community/Urban CL + 4 24CFR 570.502(b) (3); Project files, contracts, proposals, statements, reports, sub-recipient dockets, Development (includes 241CFR 85.42 & OMB Environmental review, grant documents, applications, inventory, CDBG) Cir. A-110, Attach. C; *
City of Imperial Records Retention Policy Page 15 of 23 consolidated plan, etc. Includes Section 108 loan guarantee *OMB Cir. A-102 & 128, HUD regulations
Historic Preservation 2 GC34090d Historic structures & landmarks Inventory
Incident Files GC34090d Emergency Call Outs
Land Uses, nonconforming GC34090a Building or site usage which does not conform to current standards Logs CU + 5 Logs, registers or similar records listing permits, certificates of inspection, building activity, daily, plan check, utility Maps & Plats GC34090a Engineering & field notes and profiles; cross-section of roads, streets, right-of-way, bridges; may include annexations, parks, tracts, block, storm drains, water easements, bench marks, trees, grading, landfill, fire
hydrants, base maps, etc.
Master Plans, Annual S+2 GC34090 Special or long range program plan for municipalities - coordination of services; strategic planning
Permits, Construction GC34090a; H&S19850; Plans, building, signs, grading, encroachment, including blueprints and 4003; 4004 specifications
Permits, Other CL + 2 GC34090d Alterations, encroachment, excavations, road, street sidewalks & curb alterations, transportation,
swimming pool drainage, temporary uses, etc.
Photographs S+ 2 GC34090d Aerial photographs
Projects, Not Completed or CL + 2 GC34090d Building, engineering, planning Denied
Reports CU + 2 GC34090 Activity, periodic
Seismic Retrofit Program GC34090a Includes Certificates of Compliance Street Names and House GC34090a Street dedications, closings, address assignment/changes Numbers
Studies, Special Projects & CL + 2 GC34090d Engineering, joint powers, noise, transportation Areas
Surveys P GC34090a Recording data and maps
BUILDING
Blueprints, Specifications CL + 2 GC34090d Submitted by contractors with application for permit and builds for Certificate of Occupancy
Certificates GC34090a Compliance, elevation, occupancy which affect real property Construction (Approved) GC34090a; 4003; 4004; New commercial and residential construction, tenant improvements room H&S 19850, 19853 additions, spa, signs, block wall, remodel including security bonds City of Imperial Records Retention Policy Page 16 of 23 Inspection CL + 2 GC34090d Correspondence, fees, appeal requests, reports Permits P GC34909a; H&S 19850; Plans, building, signs, grading, encroachment permits 4003;4004
Signs (Temporary) S+2 GC34090d Home occupations, off-premise signs
CODE ENFORCEMENT
Abandoned Vehicles CL + 2 GC34090d
Case Files CL +2 GC34090d Building, housing and mobile home code violation records including inspections; public nuisance rubbish and weed abatement, vehicle abatement, citations, massage parlor permits, general
Liens & Releases, CL +2 P GC34090 Utilities, abatement, licenses Supporting Recorded
Logs CU + 2 GC34090d Lien Recovery, citations, complaints Regulations S+2 GC34090d Includes rules
Reports, Federal and State GC34090a Code enforcement statistics; may contain records affecting title to real property or liens thereon
Violations, Building, CL + 2 GC34090d Supporting code enforcement activity Property & Zoning
ENGINEERING
Capital Improvement CL + 10 CC337.15 Supporting documents including bidders list, specifications, reports, plans, Projects work orders, schedules, etc.
Construction Tracking, Daily P CC337.15 Assesses value of real property Drawings, Traffic Control GC34090a Signs, signing & striping, road construction Plan
Flood Control CL + 2 GC34090d Storm Drains
Special Districts P GC34090a Supporting documents re: improvement, lighting, underground utility; bonds, taxes & construction
Street/Alley (Abandonment/ CL + 2 GC34090d Relinquishment of rights and fee title Vacation)
Traffic Signals CL + 2 GC34090d Counts, collisions, accidents
ENVIRONMENTAL QUALITY
Air Quality (AQMD) CU + 7 CCP 338(k); GC34090 Participants/voucher logs, Total Daily Mileage Survey (TDM); various local authorities; Commute Alternative
Asbestos GC34090a Documents abatement projects, public buildings California Environmental P GC34090a Exemptions, Environmental Impact Report, Mitigation monitoring, Quality Act (CEQA) + CEQA negative declaration, notices of Guidelines
City of Imperial Records Retention Policy Page 17 of 23 completion and determination, comments, statements of overriding considerations
Congestion Management CU + 2 GC34090d Ride sharing, trip reduction Environmental Review CL + 2 GC34090d Correspondence, consultants, issues, conservation Pest Control CU + 2 GC34090d Pesticide applications, inspections & sampling, documents Soil CL + 2 GC34090d Analysis, construction recommendations Soil Reports P GC34090d Final Reports
HOUSING
Bonds CL +4 CCP 337 Revenue Bond Documentation
Programs CL + 3 24 CFR 570.502(b)(3); 24 Includes comprehensive Housing Authority Strategy, Meeting Credit CFR 85.42 & OMB Cir. A- Certificate, Housing bond advisory, HOME, In-Lieu Housing Mitigation, 110, #C Low/Moderate Housing, Rental Housing Assistance Redevelopment Includes annual audit
Budgets P GC 34090, 40802,
53901 GC43900 et
Bond Issues P seq.
PLANNING
Case files, Planning GC34909a; H&S 19850; Pertains to real property. May include blueprints, drawings, maps, and Zoning 4003;4004 plans, reports, evaluations, correspondence, uses, permits, ariances, studies, appeals, compliance certificates, lot lin djustments or other planning-related matters brought befor Certificates L GC34090 Retain during life of structure
Flood Records CU + 2 GC34090
General Plan and P GC34090 Includes sphere of influence Elements
General Plan
Amendments CL + 2 GC50110
Approved Denied CU + 3 GC34090 GC65103
Interpretations CU + 2 GC34090
Maps, Plans, Drawings, P GC34090; H&S 19850; Zoning, tentative subdivision, parcel, land use map, aerial photos, Exhibits, Photos GC34090.7 specific plans
PROPERTY
Abandonment P GC34090a Buildings, Condemnation, Demolition Acquisition/ Disposition CL + 10 GC34090a; GC6254 Supporting documents re: sale, purchase, exchange, lease or rental of property by City
City of Imperial Records Retention Policy Page 18 of 23 Annexation Case Files P GC34090a Reports, agreements, public notices Appraisals CL + 2 GC34090; GC6254(h) Exempt until final acquisition or contract agreement obtained Deeds & Promissory Notes P GC34090a * * 24 CFR 570.502(b)(3); 24 CFR 8.42 & OMB Circ. SA- 110 Maps, City Boundary P GC34090d Recorded maps, surveys, monuments Lot Split Cases P GC34090
Relocation Files CL + 2 GC34090 e.g., Redevelopment
PARKS & RECREATION
Agendas, Board CU + 2 GC34090
Grants (refer to Admin.)
Inventory, Equipment AU + 2 GC34090 Warranties, purchase orders Landscape CU + 2 GC34090 Drawings, contracts, complaints, specifications, photos, reports Maintenance/ Operations C+2 GC34090 Includes work orders, inspection, repairs, cleaning, reports, complaints Maps P GC34090 Irrigation, plot plans
Minutes, Board P GC34090
Photographs S + 2 GC34090
Plans, Proposed CU + 2 GC34090 Future plans, new sites, expansions Policies and Procedures S+2 GC34090 Includes rules and regulations Railroad Right-of-way CL +3 36 CFR Land acquisitions, correspondence, improvements, statutory records
64.11 Reports - Accident CL +2 GC34090 Patrons, employees Reports - Others CL + 2 GC34090
Studies CL + 2 GC34090 Future sites, expansions
Resolutions, Board GC34090
Schedules, Class & Events Cu+2 GC34090 Enrollment, liability releases, evaluations, attendance, flyers
PUBLIC SERVICES
SANITATION/ SOLID WASTE/
WASTEWATER
City of Imperial Records Retention Policy Page 19 of 23 Collections/Landfill CU + 2 GC34090 Daily records, usage Facilities CU + 2 GC34090 orrespondence, maps, patron li History, Sanitation GC34090 here City-owne
Incineration Plants, Sludge CU + 2 40 CFR Sludge, sampling, charging rate to measure mercury content
61.54 Incinerator Operations, CU +2 40 CFR Gas flow through wet scrubbing, oxygen content of Treatment Plant 60.153 exhaust gas, sludge rate, temperatures, fuel flow, total solids and volatile solids Maintenance and Operations CU + 2 GC34090 Includes work orders, inspection, repairs, cleaning, reports, complaints Maps, Septic Tank P GC34090 Location maps
Rates CU +2 GC34090
Recycling Programs 5 + 2 GC34090
Regulations S+2 GC34090 Includes legislation
Reports
Studies CL +2 GC34090
Tonnage CU +2 GC34090
STREETS/ALLEYS
Abandonment/ Vacations GC34090
Closures GC34090
Easements, Dedications, Rights- P GC34090
of-Way
Field Books P GC34090
Grants (see Admin.)
Intersection Records CU + 2 GC34090 Includes correspondence, volume counts, accident history Inventory, Traffic Control 5 + 2 GC34090 Signs, lights
Device
Landscaping CU + 2 GC34090 Plants, tree maintenance, work orders Lighting CU + 2 GC34090 Maintenance, work orders
Maintenance/ Operations CU + 2 GC34090 Includes work orders, inspection, repairs, cleaning, reports, complaints, signals, striping
Maps GC34090 Fire hydrants, lighting districts, wheel chair ramps, storm drains, streets, sidewalks, sewers
Master Plans CU + 2 GC34090 Copies
Parking
Lots CU + 2 GC34090
Regulations S+ 2 GC34090
Reports/Studies CL + 2 GC34090
City of Imperial Records Retention Policy Page 20 of 23 Permits
Encroachment P GC34090
Improvement CL + 2 GC34090 May include curbs, sidewalks; Applications for excavation, fill, alterations Oversize Load CL + 2 GC34090
Parking CL + 2 GC34090 Residential
Paving CL + 2 GC34090
Use (Temporary) CU + 2 GC34090 Includes Special Events
Photographs S+ 2 GC34090 Includes aerials
Plans, Capital Improvement, P GC34090 Streets, curbs, gutters, sidewalks, storm drains Projects
Policies and Procedures S + 2 GC34090 Includes rules, regulations, standards Naming and numbering P GC34090
Speed Limits S+ 2 GC34090
Programs
Federal Aid Urban CL+ 23 CFR 633
(a) & (c)
Traffic Safety S+ 2 GC34090 Drivers Education, Pedestrian Safety, Bicycle Lanes Reports
Bridges & Overpasses GC34090 Life of structure
Inspection CU + 2 GC34090 Includes intersection, sidewalks. Bridges and Overpasses, keep life of structure Studies CL + 2 GC34090 Traffic volume, accident history, requests, statistics, drawings supporting traffic devices
Traffic Count CL + 2 GC34090 Evaluation of traffic volume Vehicle Accident CL + 2 GC34090
Routes, School Bus & Truck S+ 2 GC34090 Truck routes, access ramps, rest areas Signage L + 2 GC34090 og books, index register cards, inventory lists, records of traffic sign Traffic Signals L ogs, drawings, wiring diagrams, codes, circuit numbers, installation records testing and maintenance.
Weigh Scales S+ 2 GC34090
UTILITIES
Facilities T +2 GC34090 If city owned
Gas & Electric Rates S+ 2 GC34090
Underground P GC34090 GC4003, GC4004; H&S 19850
WATER
Billing/Customer Records CU +2 GC34090 Billings, correspondence, complaints Connection Records P GC34090 Maps, water line connections City of Imperial Records Retention Policy Page 21 of 23 Flood Control
Drainage Facilities GC34090 Includes dams, lakes, basins, creeks Flood Zones GC34090 Includes flood maps
Insurance Programs S + 2 GC34090 Includes copies of policies, rules, programs Policies/ Procedures S+2 GC34090 Rules and Regulations
Reports/ Studies CL +2 GC34090
Grants (see Admin.)
Inventory, Equipment CU + 2 GC34090
Locations P GC34090 Mains, valves, hydrants, wells
Maintenance and Operations CU + 2 GC34090 Includes work orders, inspection, repairs, cleaning, reports, complaints Service CU + 2 GC34090 Includes work orders, entry cards, manholes, service to property owners Well & Pumping CU + 2 GC34090 Times operational, power used and quantity Maps P GC34090 Line location; easements
Master Plans CU + 2 GC34090 Copies
Meter Operations CU + 2 GC34090 Reader reports, orders, tests Maintenance Reports Permits
NPDES P 40 CFR 122.28 Municipalities of 100,000/more, compliance with Clean Water Act re: pollutants Others CU + 2 GC34090 May depend on terms of state or federal agency Policies and Procedures S+ 2 GC34090 Includes rules and regulations Rates S + 2 GC34090
Reclamation CU + 5 40 CFR Daily operations including sewage flow, grit removal, chlorine usage, lab analysis 122.41 results, etc.
Reports
Conservation CU + 2 GC34090
Consumption CU + 2 GC34090
Corrosion Control CU + 12 40 CFR 141.91 Compliance documentation Discharge Monitoring CU + 5 40 CFR 122.41 Average amount of pollution discharged into waters of municipality.
Drinking Water Corrections CU + 10 40 CFR 141.33
Hydrograph P GC 34090 Daily flow of streams
Lead Service Line CU + 12 40 CFR 141.91 Compliance documentation Public Education CU + 12 40 CFR 141.91 Compliance documentation Quality Parameters CU + 12 40 CFR 141.91 Compliance documentation Sanitary Surveys CU + 10 40 CFR 141.33 Statistics, reports, correspondence Source Water CU + 12 40 CFR 141.91 Compliance documentation, e.g. lead & copper State Certification CU + 12 40 CFR 141.91 Compliance documentation Variances, Water System CU + 5 40 CFR 141.33
City of Imperial Records Retention Policy Page 22 of 23 Well Level CU + 2 GC34090
Sources CU + 2 GC34090 May include wells, rivers, lakes, districts Surveyor Field Notes P GC34090 Notes preparatory to maps of water installations Surveys, Water System Sanitary CU + 10 40 CFR 141.33 Statistics, reports, correspondence Tests
Bacteriological Analysis CU + 5 40 CFR 141.33 Compliance records include location, date, method and results; corrections, analysis of bacterial content
Chemical Analysis CU + 10 40 CFR 141.33 Compliance records include location, date, method used and results; corrections, analysis of chemical content
Quality CU + 12 40 CFR 141.91 Compliance documentation including sampling data, analysis, reports, surveys, documents, evaluation, schedules, valves, etc.
Valve Main Records P GC34090
Violations, Drinking Water CU + 3 40 CFR 141.33 Retention applies to each violation City of Imperial Records Retention Policy Page 23 of 23 Agenda Item No. C-l
DATE SUBMITTED 3/15/24 COUNCIL ACTION (X)
PUBLIC HEARING REQUIRED ()
SUBMITTED BY City Attorney RESOLUTION ()
ORDINANCE IST READING ()
DATE ACTION REQUIRED March 20, 2024 ORDINANCE 2ND READING ()
CITY CLERK'S INITIALS ()
IMPERIAL CITY COUNCIL
AGENDA ITEM
SUBJECT: DISSCUSION/ACTION:
Adoption of Resolution of the City Council of the City of Imperial Authorizing the Destruction of Obsolete City Records.
BACKGROUND/SUMMARY:
City staff has reviewed stored, physical documents located in all City facilities. In order to create more space and create organized document management, the City Attorney requests that the City Council adopt this Resolution authorizing the destruction of obsolete documents. This request is being made in compliance with all City policies, federal and state laws and regulations.
FISCAL IMPACT: None. FINANCE
INITIALS UMS
STAFF RECOMMENDATION: Adopt Resolution of the City
Council of the City of Imperial Authorizing the Destruction of DEPT. INITIALS Obsolete City Records.
MANAGER'S RECOMMENDATION: CITY
appare MANAGER's OXen
INITIALS
MOTION:
SECONDED: APPROVED REJECTED
AYES: DISAPPROVED DEFERRED 8
NAYES:
ABSENT: REFERRED TO:
RESOLUTION NO. 2024-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF IMPERIAL AUTHORIZING THE DESTRUCTION OF
OBSOLETE CITY RECORDS
WHEREAS, the City of Imperial complies with adopted City policies and all state and federal laws regarding retention of records; and
WHEREAS, the law and policy sets forth the retention period for records of the City and authorizes the destruction of certain records and documents by a department head, with the approval of the legislative body by resolution and the written consent of the City Attorney; and WHEREAS, staff recommends that certain obsolete records identified on Exhibit A are no longer required to be maintained by law; and
WHEREAS, the City Attorney has given written consent for the destruction of the records herein set forth as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IMPERIAL DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
SECTION 1: The City Council hereby finds and determines that the records identified in Exhibit A exceed the applicable retention period set forth by law and the City's Policy and are no longer needed or required to be kept by statute or law.
SECTION 2: The City Council hereby authorizes and directs the destruction of the records described on Exhibit A.
SECTION 3: The City Council also hereby authorizes the conversion, to the extent possible, of all permanent and official records to electronic form in compliance with the California Secretary of State laws and regulations referred to as "Trustworthy Electronic Document or Record Preservation" (See California Government Code section 12168.7 et seq.).
SECTION 4: This Resolution shall be effective immediately upon its passage and approval.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Imperial on the 20th day of March, 2024.
ROBERT AMPARANO,
Mayor
ATTEST:
KRISTINA SHIELDS,
City Clerk
Exhibit A
Description of Records:
• All non-permanent Community Development building, planning and zoning files more than five years old. While final permits, final plans and final entitlements shall be maintained, non-permanent documents such as drafts and communications shall be destroyed.
• All personnel files for personnel that have ended employment with the City of Imperial more than five years ago (except for any police records required to be maintained for SB2 compliance).
• All replaced and obsolete City policies that have been replaced or terminated more than five years before.
• All grant documents that have been closed out more than seven years ago. (Official entitlements, plans, specification and maps that are permanent records shall be maintained).
• All public works project files that have been closed out more than five years ago. (Plans and specifications, official maps, official utility maps and entitlements shall be maintained).
• All non-permanent Parks and Recreation documents exceeding five years (all park official maps, plans, specifications and entitlements shall be maintained until five years after replacement of such equipment or updated map and entitlement). • All non-permanent City communications exceeding five years. • All non-permanent financial records exceeding ten years. While communications, drafts, invoices and project related financial documents may be destroyed, all bond related, final budget related and utility related financial records shall be maintained permanently. • All duplicates of documents that are being maintained by another City department. Such confirmation of that maintenance shall be confirmed in writing.
I, Katherine Turner, City Attorney, certify that such destruction of the documents set forth above meets the requirements of the City's policies and all applicable requirements of state and federal law.
KATHERINE TURNER,
City Attorney