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AGENDA

CITY OF EL CENTRO

CITY COUNCIL/CITY COUNCIL AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY/SUCCESSOR HOUSING AGENCY

TUESDAY, OCTOBER 3, 2017

Joint Regular Meeting

CITY HALL COUNCIL CHAMBERS 1275 MAIN STREET EL CENTRO, CA 92243

11:30 AM

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

Mayor:
Mayor Pro-tem: Council Members:

Alex Cardenas

Cheryl Viegas-Walker

Efrain Silva
Edgard Garcia
Jason Jackson

Deputy City Manager: Marcela Piedra

City Attorney: Elizabeth Martyn Evans

City Clerk: L. Diane Caldwell

11:30 A.M CALL TO ORDER (OPEN SESSION) - CONFERENCE ROOM "A"

ROLL CALL

CLOSED SESSION PUBLIC COMMENT:

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

CITY COUNCIL ADJOURNS INTO CLOSED SESSION

CITY COUNCIL CLOSED SESSION

PENDING LITIGATION

The City Council will be receiving an update on pending and threatened litigation involving the City and/or ECRMC. Therefore, upon advice of its legal counsel, the City Council will recess to closed session pursuant to Government Code §54956.9(d)(1) regarding the following existing cases to which the City/ECRMC is a party:

City of El Centro

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Agenda

City Council of the City of El Centro October 3, 2017

CITY: Martin Lerma-Mayoral v. City of El Centro, Imperial County Superior Court Case No. ECU-08560; David B. Duran v. City of El Centro et al., United States District Court, Southern District of California, Case No. 15-cv-02745-DMS-WVG; Antonio Cruz v. City of El Centro, Imperial County Superior Court Case No. ECU-08560; McFadden v. City of El Centro, Imperial County Superior Court Case No. ECU-09395; City of El Centro v. Aguilar, Imperial County Superior Court Case ECU-09588. ECRMC:

Richard Milan v. El Centro Regional Medical Center, City of El Centro et al.; Amber Cardenas v. ECRMC

ANTICIPATED LITIGATION

Significant Exposure to Litigation Against the City. A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City. There are eleven (11) potential cases (Government Code Section 54956.9(d)(2).

PERSONNEL MATTERS

The Council will recess to closed session pursuant to Government Code Section 54957 to consider the evaluation of the performance of the City Attorney, City Clerk, and the Deputy City Manager.

The City Council will recess to closed session pursuant to Government Code Section 54957 to consider the appointment or employment to the position of City Manager and Police Chief.

NOTICE TO THE PUBLIC

This is a public meeting. If there is an item on the agenda on which you wish to be heard, you are asked to complete a blue speaker slip and submit it to the City Clerk prior to the start of the meeting. Persons wishing to address the Council, Successor Agency to the RDA and Successor Housing Agency are not required to identify themselves (Gov’t Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. When the item is announced and your name is called by the Mayor, please step to the podium and state your name for the record. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. If you wish to address the Council, Successor Agency to the RDA and Successor Housing Agency concerning any other matter not appearing on the agenda, you may do so during the public comment portion of the agenda.

* Any information provided on the “Speaker Slip” is voluntary and will be public record.

RECONVENE FOR OPEN SESSION 6:00 P.M.

City of El Centro

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Agenda City Council of the City of El Centro

October 3, 2017

6:00 P.M. OPEN SESSION
ALL TIMES ARE APPROXIMATE AND MAY VARY
CALL TO ORDER:
ROLL CALL BY CITY CLERK
PLEDGE OF ALLEGIANCE
INVOCATION
6:05-6:10 CITY ATTORNEY REPORT ON CLOSED SESSION 6:10-6:15 PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR

1. Proclamation Presentation - National 4-H Week 6:15-6:30 SCHEDULED PUBLIC COMMENTS

Item(s) appearing under this section have submitted a written request to the City Clerk a minimum of one week prior to the regular meeting.

  1. El Centro Chamber of Commerce Monthly Report

  2. Presentation by Imperial County Public Health Department Regarding El

    Centro Safe Routes to School Program

  3. Presentation by Dr. Arashmidos Monjazeb with Marisol Perez and Paris Monjazeb on the Bicentennial Celebration of the Birth of "Baha'u'llah".

6:30-6:35 CONSENT AGENDA

Consent agenda items are approved by one motion. Council members or members of the public may pull consent items to be considered separately at a time determined by the Mayor.

  1. Approve minutes for the September 5, 2017 Joint Regular City Council/SA/SH meetings.

  2. 2nd Reading & Adoption of Ordinance No. 17-12 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, REPEALING AND REPLACING CHAPTER 13, ARTICLE VII, SECTIONS 13-110 THROUGH 13-121 (BAN ON MEDICAL CANNABIS DISPENSARIES) TO PROVIDE FOR THE PROHIBITION OF ALL COMMERCIAL CANNABIS ACTIVITIES (BOTH MEDICINAL AND NON-MEDICINAL) WITHIN THE CITY, AND ADDING CHAPTER 13, ARTICLE IX, SECTION 13-140 TO CONFIRM PERSONAL USE AND CULTIVATION AS OTHERWISE ALLOWED BY LAW, , waive reading and adopt by title only.

City of El Centro

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Agenda

City Council of the City of El Centro October 3, 2017

7.

Adopt Resolution 17 - , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO ESTABLISHING THE DELEGATION OF AUTHORITY FOR MAKING DETERMINATIONS OF DISABILITY ON BEHALF OF THE CITY OF EL CENTRO FOR LOCAL SAFETY MEMBERS

8.
6:35-6:55 UNFINISHED BUSISNESS

Release bond number 08854309 in its entirety.

9. Establish working groups for Measure P Capital Projects 6:55-7:15 PUBLIC HEARINGS

10. Public hearing to consider the recommendation of the Planning Commission on Mitigated Negative Declaration 17-01, prepared for General Plan Amendment 17-01 and Change of Zone 17-01.

PRESENTATION: Norma M. Villicana, Community Development Director

RECOMMENDATION:

Adopt Resolution No. 17- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO ADOPTING MITIGATED NEGATIVE DECLARATION NO. 17-01 WITH MITIGATION MONITORING & REPORTING PROGRAM FOR:

PROJECT: Change of Zone 17-01 and General Plan Amendment 17-01 - A proposed zone change from R1 (Single Family Residential) to CG (General Commercial) for the property with APN 044-261-002, and a General Plan Amendment for consistency with the Zoning Map for the aforementioned property.

11. Public hearing to consider the recommendation of the Planning Commission on General Plan Amendment 17-01 to amend the General Plan Land Use Map. The proposed amendment consists of changing the land use designation of property at 1402 W. Pico Avenue, consisting of approximately 7.15 acres from Low Density Residential to General Commercial to be consistent with Change of Zone 17-01.

PRESENTATION: Norma M. Villicana, Community Development Director

RECOMMENDATION:

Adopt Resolution No. 17- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING GENERAL PLAN AMENDMENT 17-01 CHANGING THE LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL TO GENERAL COMMERCIAL FOR PROPERTY WITH APN 044- 261-002 AND DECLARING SAME TO BE THE SECOND GENERAL PLAN AMENDMENT FOR CALENDAR YEAR 2017

City of El Centro

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Agenda City Council of the City of El Centro October 3, 2017

12. Public hearing to consider the recommendation of the Planning Commission on Change of Zone 17-01. The project proposes a change of zone from R1(Single Family Residential) to CG (General Commercial) for property located at 1402 W. Pico Avenue.

PRESENTATION: Norma M. Villicana, Community Development Director

RECOMMENDATION:

Adopt Ordinance No. 17- , ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO AMENDING THE ZONING MAP OF THE CITY OF EL CENTRO PERTAINING TO CHANGE OF ZONE 17-01

7:15-7:30 NEW BUSINESS
13. Pension Benefit Supplemental Trust Fund PRESENTATION: Leticia Salcido - Director of Finance

RECOMMENDATION:

Adopt Resolution 17- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO CALIFORNIA AUTHORIZING THE PARTICIPATION IN A PENSION RATE STABILIZATION PROGRAM AND ESTABLISHING A PENSION BENEFITS TRUST FUND TO BE USED TO PRE-FUND PENSION OBLIGATIONS, APPROVE AN AGREEMENT FOR ADMINISTRATIVE SERVICES WITH PUBLIC AGENCY RETIREMENT SERVICE (PARS)

14. Pension Benefit Supplemental Trust Fund-2 PRESENTATION: Leticia Salcido - Director of Finance

RECOMMENDATION:

Approve an agreement for administrative services with Public Agency Retirement Service (PARS) for administration of the pension benefit supplemental trust.

Refer to Action item #2337 for the complete staff report regarding pension benefit supplemental trust fund.

15. Discussion and any necessary action regarding the approval of a project list to receive SB1 funding

PRESENTATION: Abraham Campos, Deputy City Engineer

RECOMMENDATION:

Adopt Resolution No. 17- , AMENDING THE FISCAL YEAR 2017-18 BUDGET TO INCORPORATE A LIST OF PROJECTS FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT

City of El Centro

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Agenda City Council of the City of El Centro October 3, 2017

LEGISLATION ACTION INFORMATIONAL ITEMS

  1. Received and referred to Community Development, application for Alcoholic Beverage License for Lovin's Cantina located at 459 Main St. El Centro, CA 92243-3006.

  2. Notification of rejection of claim of Cynthia Perdomo by Carl Warren & Co.

  3. Notification of rejection of claim of Jose Sepulveda by Carl Warren & Co.

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

No business scheduled.

SUCCESSOR HOUSING AGENCY

No business scheduled.

7:30-7:35 (TIME MAY VARY) PUBLIC COMMENTS

The City Council welcomes your input. At this time, members of the public may address the City Council on any matter not listed on the posted agenda. Pursuant to the Brown Act, no action will be taken on any issue brought forth under Public Comments. We ask that you please complete a “Speaker Slip” and submit it to the City Clerk prior to the start of the meeting. Although you are not required to identify yourself (Gov’t Code§54953.3); this information on the “Speaker Slip” assists the Mayor that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. * Any information provided on the “Speaker Slip” is voluntary and will be public record.

7:35-7:40 TASK FORCE REPORTS AND MAYOR & COUNCIL MEMBER REPORTS

ADJOURNMENT

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