1/6  1919 AGENDA  Special Meeting of the Calipatria City Council  City Council Chambers 125 North Park Avenue Calipatria California 92233 Monday, July 22, 2024 Closed Session at 11:30 am Open Session at 12:00 pm Laura Gutierrez, City Manager  Sylvial R. Chavez, Mayor Fred Beltran, Council Member Marial Nava-Froelich, Council Member  Jessel Llanas, Fire Chief Cheryl Fowler, Police Chief Eds Self, Public Work Director  Michael Luellen, Mayor Pro-Tem Gilbert G. Otero, City Attorney Javier Amezcua, Council Member Catherine Hoff, City Clerk  NOTICE' TOTHE PUBLIC  This is aj public meeting. Any member of the public is invited to attend. The Calipatria City Council welcomes public input during the public comment period of the sessions.  11:30 A.M. CLOSED SESSION  CALL TOORDER: ROLL CALL:  PUBLIC COMMENTS FOR CLOSED SESSION ITEMS: Any member oft the public wishing to address the City Council on any items appearing on the closed session agenda may do sO at this time. 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) There isa time limit oft three (3) minutes for anyone wishing to address the City Council on these  matters.  CITY COUNCIL ADJOURNS TO CLOSE SESSION CONFERENCE WITHLEGAL COUNSEL: 1. POTENTIALLITIGATION  CITY COUNCIL CONVENES TO OPEN SESSION  072224SPCAGN    2/6  12:00 P.M. OPEN SESSION  CALL TO ORDER: ROLL CALL:  PLEDGE OF ALLEGIANCE & INVOCATION:  CITY ATTORNEY: REPORT ON CLOSED SESSION ACTION  1)  ADJUSTMENTS TOT THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgent items and or remove items from the consent calendar prior to that portion of the agenda. For the purpose oft the official city record, the City Council may take care of these issues by entertaining a formal motion.  MOTION:  SECOND:  ROLL CALL VOTE:  PUBLIC COMMENTS: The City Council welcomes your input. Please remember to shut off all cell phones. Now is the time for any member oft the public to speak to the Council. Ifthere is an item on the agenda on which you wish to be heard, we ask that you please step to the podium and state your name and address for the record. For matters not appearing on the agenda: Ifyou wish to address the City Council concerning a matter and or any item not on the agenda but is within the City Council's jurisdiction you may do sO now. We ask that you please step to the podium and state The mayor reserves the right toj 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 in  your name and address for the record.  writing 48 hours before the meeting.  CONSENT AGENDA: Thei items appearing under the Consent Agenda will be acted upon by the City Council in one motion without discussion. Should any Council member or other person wish to discuss any item, they may request that the item be removed from the Consent Agenda and placed on the REGULAR BUSINESS Agenda.  1. Approval for 1st payment to ROVE Engineering Inc for Hernandez Park  MOTION:  SECOND:  ROLL CALL VOTE  072224SPCAGN    3/6  REGULAR BUSINESS:  1) Adopt Resolution No. 24-33 Calling for al Municipal Election on November 5,2024 for the submission ofal Ballot Measure relating to the city clerk. Council WHEREAS, California Government Code $36508 provides that the City Council may submit to the electors the question whether the elective position ofCity Clerk WHEREAS, the City Council desires to submit to the voters the question of whether the elective position of City Clerk shall be appointed by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIPATRIA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS SECTION 1. Pursuant to the laws oft the State of California, a General Municipal Election is hereby called and ordered to be held in the City of Calipatria on SECTION: 2. That the City Council toi its right and authority, does order submitted to the voters at the General Municipal Election the following question and printed ins substantially the following form: "Shall the Office oft the City Clerk be SECTION 3. That the proposed complete text of the measure submitted to the SECTION 4. That the vote requirement for the measure toj pass is a simple SECTION 5. That the ballots to be used at the election shall be in form and SECTION 6. That the City Clerk is authorized, instructed and directed to coordinate with the County of Imperial Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the SECTION 7. That the polls for the election shall open at seven 0-clock in the morning of the day oft the election and shall remain open continuously from that time until eight o'clock in the evening oft the same day when the polls shall be closed pursuant to Election Code S 10242, except as provided in $14401 oft the SECTION 8. That in all particulars not recited in this resolution, the election shall bel held and conducted as provided by law for holding municipal elections. SECTION 9. That the City Clerk shall certify to the passage and adoption oft this SECTION 10. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City  Member Luellen  shall be appointed by the City Council; and  FOLLOWS:  November 5, 2024.  appointed?" Yes- No voters is attached as Exhibit A. majority oft the votes cast. content as required by law.  election.  Elections Code ofthe State ofCalifornia.  Resolution and properly record the results thereafter, upon presentation of a properly submitted bill.  MOTION:  SECOND:  VOTE:  072224SPCAGN    4/6  2) First reading of Ordinance 24-001 establishing city clerk position from elected AN INITIATIVE ORDINANCE OF THE CITY OF CALIPATRIA TRANSITIONING THE OFFICE OF CITY CLERK FROM ELECTED TO APPOINTED. THE. PEOPLE OF THE CITY OF CALIPATRIA DOC ORDAINS SECTION 1. The Office of City Clerk shall be changed from elected to appointed SECTION 2. This ordinance shall take effect as provided in Elections Code SECTION: 3. The City Clerk shall publish this ordinance in accordance with law.  to appointed- Councilmember Luellen  AS FOLLOWS:  pursuant to California Government Code $36508.  $9217 of the State of California. MOTION:  SECOND:  VOTE:  3) Adopt Resolution No. 24-34 Calling for a Municipal Election on. November 5,2024 for the submission ofa al Ballot Measure relating to the city treasurer. Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIPATRIA, CALIFORNIA, CALLING Al MUNICIPAL ELECTION ON NOVEMBER5, 2024 FOR THE SUBMISSION OF. A BALLOT MEASURE RELATINGTO WHEREAS, California Government Code $36508 provides that the City Council may submit to the electors the question whether the elective position of City WHEREAS, the City Council desires to submit to the voters the question of whether the elective position of City Treasurer shall be appointed by the City NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIPATRIA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS SECTION 1.1 Pursuant to the laws of the State of California, a General Municipal Election is hereby called and ordered to be held in the City of Calipatria on SECTION 2. That the City Council to its right and authority, does order submitted to the voters at the General Municipal Election the following question and printed "Shall the Office oft the City Treasurer be appointed?" Yes No SECTION 3. That the proposed complete text of the measure submitted to the SECTION 4. That the vote requirement for the measure to pass is a simple SECTION 5. That the ballots to be used at the election shall be in form and  Council Member Luellen  THE CITY TREASURER.  Treasurer shall be appointed by the City Council; and  Council. FOLLOWS: November 5, 2024.  in substantially the following form: voters is attached as Exhibit. A. majority oft the votes cast. content as required by law.  072224SPCAGN    5/6  SECTION 6. That the City Clerk is authorized, instructed and directed to coordinate with the County ofl Imperial Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order toj properly and lawfully conduct the SECTION 7. That the polls for the election shall open at seven 0-clock int the morning oft the day of the election and shall remain open continuously from that time until eight o' clock in the evening oft the same day when the polls shall be closed pursuant to Election Code $ 10242, except as provided in $14401 oft the SECTION 8. Thati in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION: 9. That the City Clerk shall certify to the passage and adoption of this SECTION 10. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City  election.  Elections Code oft the State of California.  Resolution and properly record the results thereafter, upon presentation ofa properly submitted bill.  MOTION:  SECOND:  VOTE:  4) First reading ofOrdinance 24-002 establishing city treasurer position from elected  to appointed- Councilmember Luellen  AN INITIATIVE ORDINANCE OF THE CITY OF CALIPATRIA TRANSITIONING THE OFFICE OF CITY TREASURER FROM ELECTED TO APPOINTED. THE PEOPLE OF THE CITY OF CALIPATRIA DO ORDAINS AS SECTION 1. The office of City Treasurer shall be changed from elected to appointed SECTION: 2. This ordinance shall take effect as provided in Elections Code $9217of SECTION3. The City Clerk shall publish this ordinance in accordance with law  FOLLOWS:  pursuant to California Government Code $36508.  the State of California. MOTION:  SECOND:  VOTE:  DISSCUSSION/DIRECTION  1) Purchase ofbudgeted excavator- Public Works Director Edgar Self 2) Approval ofLease Agreement for Tyson Medical Foundation- property 3) Approval of lease agreement for Estrada Towing- 501 S. Sorenson Avenue  address 101 N. Lake Ave.  072224SPCAGN    6/6  STAFF and COUNCIL REPORTS:  ADJOURNMENT:  The next regular scheduled meeting of the City of Calipatria City Council is Tuesday,  August 13, 2024, at 6:00 pm  MOTION:  SECOND:  VOTE:  CATHERINE J. HOFF, City Clerk oft the City of Calipatria, California, DO. HEREBY CERTIFY that the agenda was duly posted at Calipatria City Hall, 125 Park. Avenue, Calipatria, California and on the City ofCalipatria's website not less than 24 hours prior  tot the meeting per Government Code 54954-2.  Dated:  072224SPCAGN    CALIA  1919  CALIPATRIA CITY COUNCIL AGENDA ITEM  Date Submitted: Submitted By:  July 8, 2024  Michael J. Luellen II, Mayor Pro-Tem  Council Meeting Date: July22,2024  Action /Direction  Subject: Background:  Approval of Resolution 24-33 Calling for al Municipal Election on November 5, 2024 for the Submission ofal Ballot Measure Relating  tot the City Clerk.  California Government Code $36508 provides for the process to change the positions of City Treasurer and City Clerk from elected positions to positions appointed by the City Council. The process for such a transition begins first with submitting the question of whether either or both oft the positions of City Treasurer or the City Clerk shall be appointed by the City Council to the electors of the city on the ballot at any municipal election, or a special election held for that purpose. The City Clerk, facilitating the conduct oft the City Council while preserving the records of our municipality, similarly to the City Treasurer receives general administrative direction from the City One consideration for the City Council is whether to place on the ballot for the citizens of Calipatria whether this position should become an appointed position. Ift the City Council were inclined to place this matter on the ballot, it could do sO at ai regularly scheduled municipal election or call fora special election. There is currently an election scheduled in Imperial County on November 5, 2024, with ballot measures required tol be submitted to the Registrar of Voters on August 9, 2024. Alternatively, the City could wait and call for a special election in the Spring of2025 but would  Manager and City Council.  result ini increased fiscal impact as there is no election scheduled for 2025.    RESOLUTION NO.24-  AR RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIPATRIA, CALIFORNIA, CALLING Al MUNICIPAL ELECTION ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE RELATING TO THE CITY CLERK. WHEREAS, California Government Code $36508 provides that the City Council may submit to the electors the question whether the elective position of City Clerk shall be appointed by the City WHEREAS, the City Council desires to submit to the voters the question of whether the elective NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIPATRIA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to the laws ofthe State of California, a General Municipal Election is hereby SECTION 2. That the City Council to its right and authority, does order submitted to the voters at the General Municipal Election the following question and printed in substantially the following  Council; and  position of City Clerk shall be appointed by the City Council.  called and ordered to be held in the City of Calipatria on November 5, 2024.  form:  "Shall the Office of the City Clerk be appointed?"  Yes No  SECTION 3. That the proposed complete text oft the measure submitted to the voters is attached as SECTION 4. That the vote requirement for the measure to pass is a simple majority of the votes SECTION 5. That the ballots to be used at the election shall be ini form and content as required by SECTION 6. That the City Clerk is authorized, instructed and directed to coordinate with the County of] Imperial Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to  Exhibit A. cast. law.  properly and lawfully conduct the election.    SECTION' 7. That the polls for the election shall open at seven 0-clock in the morning of the day of the election and shall remain open continuously from that time until eight o'clock in the evening of the same day when the polls shall be closed pursuant to. Election Code $ 10242, except as provided SECTION 8. Thati in all particulars not recited in this resolution, the election shall be held and SECTION 9. That the City Clerk shall certify to thej passage and adoption oft this Resolution and SECTION 10. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation ofa properly APPROVED, PASSED AND ADOPTED at the regular meeting of the City Council oft the City of  in $14401 oft the Elections Code oft the State ofCalifornia. conducted as provided by law for holding municipal elections.  properly record the results thereafter,  submitted bill.  Calipatria held on the 23 day of July, 2024 by the following vote:  AYES: NOES: ABSTAIN: ABSENT:  Sylvia Chavez, Mayor City of Calipatria  ATTEST:  Catherine Hoff, City Clerk City of Calipatria    Exhibit "A" ORDINANCEI NO.24-  AN INITIATIVE ORDINANCE OF THE CITY OF CALIPATRIA TRANSITIONING THE  OFFICE OF CITY CLERK FROM ELECTED TO APPOINTED.  THE PEOPLE OF THE CITY OF CALIPATRIA DO ORDAINS AS FOLLOWS: SECTION 1. The Office of City Clerk shall be changed from elected to appointed pursuant to SECTION 2. This ordinance shall take effect as provided in Elections Code $9217 oft the State of  California Government Code $36508.  California.  SECTION 3. The City Clerk shall publish this ordinance in accordance with law.  APPROVED, PASSED AND ADOPTED this  day of  2024.  Mayor  City of Calipatria  ATTEST:  City Clerk  City of Calipatria    RESOLUTION! NO.24-  ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIPATRIA, CALIFORNIA, ORDERING AN ELECTION, REQUESTING COUNTY REGISTRAR1 TO CONDUCT AND CONSOLIDATETHE ELECTION RELATING TO' THE CITY CLERK. WHEREAS, pursuant to Elections Code Section $10002, the governing body ofa any city or district may request the Board of Supervisors of the county to permit the county elections official to render specified services to the city or district relating to the conduct of an election; and WHEREAS, the resolution of the City Council oft the City of Calipatria shall specify the services WHEREAS, pursuant to Elections Code Section $10002, the city shall reimburse the county in full  requested; and  for the services performed upon presentation ofa a bill to the city; and  WHEREAS, pursuant to. Elections Code $10400, whenever two or more elections, including bond elections, of any legislative or congressional district, public district, city, county, or other political subdivision are called to be held on the same day, in the same territory, or in territory thati is inj part the same, may be consolidated upon the order of the governing body/bodies or  officer/officers calling the elections; and  WHEREAS, pursuant to Elections Code $10400, such election for cities and special districts may be WHEREAS, pursuant to. Elections Code section $10403, whenever an election is called bya a district, city or other political subdivision for the submission ofany question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for that statewide election, the district, city or other political subdivision shall, at least 8 days prior to the date oft the election, file with the Board of Supervisors, and a copy with the elections official, a resolution ofi its governing board requesting the consolidation, and setting forth the exact form of any question, proposition, or office to be voted upon at the election, as it is to appear on the ballot, acknowledging that the consolidation election will be held and conducted ini the manner prescribed in Section $10418. Upon WHEREAS, pursuant to Elections Code Section S10418,fconsolidated, the consolidated election shall be held and conducted, election boards appointed, voting precincts designated, candidates nominated, ballots printed, polls opened and closed, voter challenges determined, ballots counted and returned, returns canvassed, results declared, certificates of election issued, recounts conducted,  either completely or partially consolidated; and  such request, thel Board of Supervisors may order the consolidation; and    election contests presented, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the statewide or special election, or the election held pursuant to Section $1302 or $1303, as applicable. WHEREAS, the resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election; and WHEREAS, various district, county, state and other political subdivision elections may be or have been called to be held on November 5, 2024. NOW THEREFORE BE IT RESOLVED AND ORDERED that the governing  body of the City of Calipatria hereby orders this election be called and consolidated with any and all elections also called and consolidated with any and all elections also called to be held onl November 3, 2024 insofar as said elections are to be held in the same territory that isi inj part the same as the territory oft the City of Calipatria requests thel Board of Supervisors oft the County of] Imperial to order such consolidation under Elections Code Section $10401, $10403 and $10418. BE IT FURTHER RESOLVED AND ORDERED that the City Council of the City hereby requests the Board of Supervisors to permit the Imperial County Elections  Department to provide any and all services necessary for conducting the election and agrees to pay BE IT FURTHER RESOLVED AND ORDERED that the Imperial County Elections Department conducts the election bringing into question the transition from an elected City Clerk to appointed.  for said services, and  AYES: NOES: ABSTAIN: ABSENT:  Sylvia Chavez, Mayor City of Calipatria  ATTEST:  Catherine Hoff, City Clerk City of Calipatria    RESOLUTIONNO.24  ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIPATRIA, CALIFORNIA, SETTING PRIORITIES FORI FILING A WRITTEN ARGUMENT(S) REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEYTO  PREPARE AN IMPARTIAL ANALYSIS.  WHEREAS, a Municipal Election is to be held in the City of Calipatria, California on November 5,  2024 at which there will be submitted to the voters the following measure:  "Shall the Office oft the City Clerk be appointed?"  Yes No  NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIPATRIA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER ASI FOLLOWS: SECTION 1. that the City Council authorizes the following members ofi its body: Member(s) Sylvia Chavez, Michael Luellen, Javier. Amezcua, Fred Beltran, and Maria Nava-Froelich to file (a) written argument(s) not exceeding 300 words regarding the City measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitted it in accordance with Article 4, Chapter 3, Division 9 oft the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) oft the author(s) submitting it, ori ifs submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one ofi its principal officers who is the author oft the argument. The arguments shall be accompanied by thel Form of Statement To Bel Filed By Author(s) SECTION 2. that the City Council directs the City Clerk to transmit a copy ofthe measure to the City Attorney unless the organization or salaries oft the office of the City Attorney are affected. a. The City Attorney shall prepare an impartial analysis oft the measure not exceeding 500 words showing the effect oft the measure on the existing law and the operation oft the measure. Ift the measure affects the organization or salaries of the office oft the City Attorney, b. The analysis shall include a statement indicating whether the measure was placed on the ballot by aj petition signed by the requisite number of voters or by the governing body oft the  of Argument.  the City Clerk shall prepare the impartial analysis.  city.    C. In the event the entire text oft the measure is not printed on the ballot, not in the voter information portion ofthe voter information guide, there shall bej printed immediately below the impartial analysis, in no less than 10-point type, the following: : "The above statement is an impartial analysis of the Ordinance of Measure. If you desire a copy ofthe ordinance or measure, please call the City Hall at (760) 348-4141 and a copy will be mailed or emailed at d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary SECTION 3. that the City Clerk shall certify to the passage and adoption of this Resolution and APPROVED, PASSED AND. ADOPTED at a regular meeting of the City Council of the City of  no cost to you." arguments.  properly record the results thereafter. Calipatria held on the day of  2024 by the following vote:  AYES: NOES: ABSTAIN: ABSENT:  Sylvia Chavez, Mayor City of Calipatria  ATTEST:  Catherine Hoff, City Clerk City of Calipatria    CALIP  1919  CALIPATRIA CITY COUNCIL AGENDA ITEM  Date Submitted: Submitted By:  July 8, 2024  Michael J. Luellen II, Mayor Pro-Tem  Council Meeting Date: July22,2024  Action /Direction  Subject: Background:  Approval of] Resolution 2434 Calling for al Municipal Election on November 5, 2024 for the Submission ofal Ballot Measure Relating  tot the City Treasurer.  California Government Code $36508 provides for the process to change the positions of City Treasurer and City Clerk from elected positions toj positions appointed by the City Council. The process for such a transition begins first with submitting the question ofv whether either or both oft the positions of City Treasurer or the City Clerk shall be appointed by the City Council to the electors of the city on the ballot at any municipal election, or a special election held for that purpose. The City Treasurer, serving primarily in an advisory capacity to the City Council oversees the appropriate investment of city funds, receipt and depositing ofrevenues, and the management ofthe city'so overall cast position, similarly to the City Clerk receives general administrative direction from One consideration for the City Council is whether to place on the ballot for the citizens of Calipatria whether this position should become an appointed position. Ift the City Council were inclined to place this matter on the ballot, it could do sO at ai regularly scheduled municipal election or call fora special election. There is currently an election scheduled in Imperial County on November 5, 2024, with ballot measures required to be submitted to the Registrar of Voters on August 9, 2024. Alternatively, the City could wait and call for a special election in the Spring of 2025 but would  the City Manager and City Council.  result in increased fiscal impact as there is no election scheduled for 2025.    RESOLUTIONNO.2+  ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIPATRIA, CALIFORNIA, CALLING A MUNICIPAL ELECTION ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE RELATING TO THE CITY TREASURER. WHEREAS, California Government Code $36508 provides that the City Council may submit to the electors the question whether the elective position of City Treasurer shall be appointed by the City WHEREAS, the City Council desires to submit to the voters the question of whether the elective NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIPATRIA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER ASI FOLLOWS: SECTION 1. Pursuant to the laws oft the State of California, a General Municipal Election is hereby SECTION. 2. That the City Council to its right and authority, does order submitted to the voters at the General Municipal Election the following question and printed in substantially the following  Council; and  position of City Treasurer shall be appointed by the City Council.  called and ordered to be held in the City of Calipatria on November 5, 2024.  form:  "Shall the Office oft the City Treasurer be appointed?"  Yes No  SECTION. 3. That the proposed complete text of the measure submitted to the voters is attached as SECTION 4. That the vote requirement for the measure toj pass is a simple majority ofthe votes SECTION 5. That the ballots to be used at the election shall be in form and content as required by SECTION 6. That the City Clerk is authorized, instructed and directed to coordinate with the County of] Imperial Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to  Exhibit A. cast. law.  properly and lawfully conduct the election.    SECTION 7. That the polls for the election shall open at seven O-clock in the morning oft the day of the election and shall remain open continuously from that time until eight o'clock in the evening of the same day when the polls shall be closed pursuant to Election Code $ 10242, except as provided SECTION 8. That in all particulars not recited in this resolution, the election shall be held and SECTION 9. That the City Clerk shall certify to the passage and adoption oft this Resolution and SECTION 10. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation ofa properly APPROVED, PASSED AND ADOPTED at the regular meeting oft the City Council ofthe City of  in $14401 oft the Elections Code of the State of California.  conducted as provided by law for holding municipal elections.  properly record the results thereafter,  submitted bill.  Calipatria held on the 23 day of July, 2024 by the following vote:  AYES: NOES: ABSTAIN: ABSENT:  Sylvia Chavez, Mayor City of Calipatria  ATTEST:  Catherine Hoff, City Clerk City of Calipatria    Exhibit "A" ORDINANCE NO.24-  ANI INITIATIVE ORDINANCE OF THE CITY OF CALIPATRIA TRANSITIONING THE  OFFICE OF CITY TREASURER FROM ELECTED TO APPOINTED.  THE: PEOPLE OF THE CITY OF CALIPATRIA DO ORDAINS AS FOLLOWS: SECTION 1. The office ofCity" Treasurer shall be changed from elected to appointed pursuant to SECTION. 2. This ordinance shall take effect as provided in Elections Code $9217 oft the State of  California Government Code $36508.  California.  SECTION: 3. The City Clerk shall publish this ordinance in accordance with law.  APPROVED, PASSED AND ADOPTED this  day of  2024.  Mayor  City of Calipatria  ATTEST:  City Clerk  City of Calipatria    RESOLUTION: NO.24-  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIPATRIA, CALIFORNIA, ORDERING AN ELECTION, REQUESTING COUNTY REGISTRARTO CONDUCT AND CONSOLIDATE THE ELECTION RELATING TO THE CITY  TREASURER.  WHEREAS, pursuant to Elections Code Section $10002, the governing body of any city or district may request the Board of Supervisors oft the county to permit the county elections official to render specified services to the city or district relating to the conduct of an election; and WHEREAS, the resolution of the City Council oft the City of Calipatria shall specify the services WHEREAS, pursuant to Elections Code Section $10002, the city shall reimburse the county in full  requested; and  for the services performed upon presentation ofal bill to the city; and  WHEREAS, pursuant to. Elections Code $10400, whenever two or more elections, including bond elections, of any legislative or congressional district, public district, city, county, or other political subdivision are called to be held on the same day, in the same territory, or in territory that is inj part the same, may be consolidated upon the order oft the governing body/bodies or  officer/officers calling the elections; and  WHEREAS, pursuant to Elections Code $10400, such election for cities and special districts may be WHEREAS, pursuant to Elections Code section $10403, whenever an election is called by a district, city or other political subdivision for the submission of any question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for that statewide election, the district, city or other political subdivision shall, at least 8 days prior to the date oft the election, file with the Board of Supervisors, and a copy with the elections official, ai resolution ofits governing board requesting the consolidation, and setting forth the exact form of any question, proposition, or office to be voted upon at the election, as it is to appear on the ballot, acknowledging that the consolidation election will bel held and conducted in the manner prescribed in Section $10418. Upon WHEREAS, pursuant to Elections Code Section $10418, ifo consolidated, the consolidated election shall bel held and conducted, election boards appointed, voting precincts designated, candidates nominated, ballots printed, polls opened and closed, voter challenges determined, ballots counted  either completely or partially consolidated; and  such request, the Board of Supervisors may order the consolidation; and    and returned, returns canvassed, results declared, certificates ofe election issued, recounts conducted, election contests presented, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the statewide or special election, or the election held pursuant to Section $1302 or $1303, as applicable. WHEREAS, the resolution requesting the consolidation shall be adopted and filed at the same time as the adoption oft the ordinance, resolution, or order calling the election; and WHEREAS, various district, county, state and other political subdivision elections may be or have been called to be held onl November 5, 2024. NOW THEREFORE BE ITI RESOLVED AND ORDERED that the governing  body oft the City of Calipatria hereby orders this election be called and consolidated with any and all elections also called and consolidated with any and all elections also called to be held on November 3, 2024 insofar as said elections are to be held in the same territory that isi inj part the same as the territory of the City of Calipatria requests the Board of Supervisors of the County of Imperial to order such consolidation under Elections Code Section $10401, $10403 and $10418. BE ITI FURTHER RESOLVED AND ORDERED that the City Council oft the City hereby requests the Board of Supervisors to permit the Imperial County Elections  Department toj provide any and all services necessary for conducting the election and agrees to pay BEI ITI FURTHER RESOLVED AND ORDERED that the Imperial County Elections Department conducts the election bringing into question the transition from an elected City Treasurer to  for said services, and  appointed. AYES: NOES: ABSTAIN: ABSENT:  Sylvia Chavez, Mayor City of Calipatria  ATTEST:  Catherine Hoff, City Clerk City of Calipatria    RESOLUTION NO. 24-  AI RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIPATRIA, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT(S) REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO  PREPARE AN IMPARTIAL ANALYSIS.  WHEREAS, al Municipal Election is to be held in the City of Calipatria, California on November 5,  2024 at which there will be submitted to the voters the following measure:  "Shall the Office ofthe City Treasurer be appointed?"  Yes No  NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIPATRIA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION1 1. that the City Council authorizes the following members ofi its body: Member(s) Sylvia Chavez, Michael Luellen, Javier Amezcua, Fred Beltran, and Maria Nava-Froelich to file (a) written argument(s) not exceeding 300 words regarding the City measure as specified above, accompanied by the printed name(s) and signature(s) oft the author(s) submitted it in accordance with. Article 4, Chapter 3, Division 9 of the Elections Code oft the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) oft the author(s) submitting it, or ifs submitted on behalf of an organization, the name oft the organization, and the printed name and signature of at least one ofi its principal officers who is the author oft the argument. The arguments shall be accompanied by the Form of Statement To Bel Filed By Author(s) SECTION 2. that the City Council directs the City Clerk to transmit a copy oft the measure to the City Attorney unless the organization or salaries of the office of the City Attorney are affected. a. The City Attorney shall prepare an impartial analysis oft the measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure. Ift the measure affects the organization or salaries oft the office of the City Attorney, b. The analysis shall include a statement indicating whether the measure was placed on the ballot by aj petition signed by the requisite number of voters or by the governing body oft the  of Argument.  the City Clerk shall prepare the impartial analysis.  city.    C. Int the event the entire text of the measure is not printed on the ballot, not in the voter information portion oft the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point type, thei following "The above statement is an impartial analysis oft the Ordinance of Measure. Ifyou desire a copy oft the ordinance or measure, please call the City Hall at (760) 348-4141 and a copy will be mailed or emailed at d. Thei impartial analysis shall be filed by the date set by the City Clerk for the filing of primary SECTION 3. that the City Clerk shall certify to the passage and adoption oft this Resolution and APPROVED, PASSED AND ADOPTED at a regular meeting oft the City Council ofthe City of  no cost to you." arguments.  properly record the results thereafter. Calipatria held on the day of  2024 by the following vote:  AYES: NOES: ABSTAIN: ABSENT:  Sylvia Chavez, Mayor City of Calipatria  ATTEST:  Catherine Hoff, City Clerk City of Calipatria    CAL  919  CALIPATRIA CITY COUNCIL AGENDA ITEM  Date Submitted: Submitted By: Council Meeting Date:  July1 12, 2024  Edgar Self, Public Works Director  July22, 2024 Discussion/Action  Subject: Background:  purchase of the budgeted excavator  The City's current excavation equipment is over 25 years and is currently not safe to operate. The front left arm is not repairable at this time, the front hub is coming off. The bolts holding the front tires on areno longer attached as designed and are attached by bolt and nut. The brakes work intermittently making it furthermore unsafe to operate. The purchase will help the department in maintaining/making repairs to  streets, parks, and wastewater infrastructure.  Recommendation: Scotts Equipment: $81,855.52 John Deere: $94,820.00 Empire: $95,629.01 Fiscal Impact: $81,855.52  Staff recommends the City Council approve the purchase of a budgeted excavator from Scotts Equipment.  Ay  967    SCOTT EOUIPMENT  QUOTATION DATE:  7/10/2024  14635 VALLEY BLVD 11318 NORWALK BLVD FONTANA, CA 92335 SANTA FE SPRINGS, CAS 90670  43136 RANCHO WAY TEMECULA, CA 92590 CUSTOMER: City of Calipatria ADDRESS CITY,STATE,ZIP Calipatria, CAS 92233 CONTACT: EMAIL: OFFICE: FAX: CELL: SHIP VIA: QUANTITY 1  NEW HOLLAND CONSTRUCTION DEVELON  SALESPERSON: Walt Valverde OFFICE: FAX: CELL:  125! NF Park Ave Edgar Self e_s sell@calipatra. com (760)4 455-2222 F.O.B. FONTANA, CA DESCRIPTION Stock# TBD  (909)822-2200 (909)822-4850 (951)453-7077  PRICESE BELOW ARE GOODF FOR 10 DAYS UNIT PRICE AMOUNT $ 75,968.00 S 75,968.00  Seriai#  TBD  New! Holland E57C Mini Excavator Enclosed Cab  Enclosed Cab, Rubber Tracks, Standard Dozer, Additional Counterweight, NCand Heater, Long Arm, Pattem Changer, Radio and USB, Aux Hyd.  Attachments TBD TBD TBD TBD TBD  Description Quick Coupler Included 12" Bucketi Included 18" Bucket Included 24 Bucket Included Thumb Included  Equip: andlor Serial Number  1 1  All Warranty is Performed at Scott Equipment Service Shop Travel Time Is Not Covered By Warranty  SUBTOTAL TAX DMV TRADE IN DEP/ /DN PYMTI $ TOTAL  75,968.00 $ 5,887.52  Purchase Order# Date:  Company: has RRE DMMAAE  Signature/nte:  NEWROILAND AGRICUITERE  w  S 81,855.52    Retail Purchase Order RDO Equipment Co. 3275 Hwy 86 Imperial CA, 92251    AWARNING Warning: Cancer and Reproductive Harm. wwwPaWamingxagw  JOHN DEERE  Phone: (760)355-7829-Fax: (760)3 355-1821  BillTo: CIYOFCALARA DEPT OF PUBLICV WORK. 125PARKST CALIPATRIA, CA. 922339727 IMPERIALO (760)3 348-4141  Purchase Order Date: Purchase Order #: Purchaser Account#: Customer Purchaser Type: Customer Market Use: Location ofF First Working! Use: Dealer Account Number: CE Sales Professional:  6/27/2024 1792352 7770024 Governmental- County Building Non-Residential CALIPATRIA, CA, 922339727 177645 Robert Luera (760)3 355-7800 vera@rsoegupmenicom  Phone: Fax: Email:  Equipment niormation Quantity Serial Number  Hours Status /Year/Make /Modei (approx.) Additional Items 0 New: 2024. JOHN DEERE 50P  Cash Price $88,000.00  Stock Number TBD TBD  Other! DEAL INCLUDES- 12"/18" &2 24"H HDI DIGGING BUCKETS Customer! Discount GOVERNMENT DISCOUNT Warranty -John Deere Comprehensive-601 Months, 4000 Hours,Deductible: 200, Exp Date: 9/28/2029  Equipment Subtotal: $88,000.00  Purchase Order Totals  Balance: CASTATETAX: CAC COUNTYTAX: CAS SPECIAL TAX: Sales Tax Total: Sub Total: Cash with Order: Balance Due:  $88,000.00 $5,280.00 $220.00 $1.320.00 $6.820.00 $94,820.00 $0.00 $94,820.00  Legal Information Forthe CongursnPiawra Retail protect RDOE Equpna fram: hes andt tnate aa tosuaks, Purchaso Orders ruRy grani Regulanon. Narranys LIMITED, ASINSS Centerar-Dur peiay ndeiser sunjectin upon: ine: SaNpES diseresannasts- Dap D1792352  ACKNOWLEDGMENTS- Purcnasurs utforst osl. transter. anuc convey! thes tem(s)listeda as" Tradel In" tothe Doaler: atorp pnors to1 that bmec ato deliveryo of thea above Product(s). asa"t trade-in" lobe applied agains: tne casnnncs Purcnasry rapresents: tnate each trace-n mems snairs bet free: ando clear ota alls secunty interests. hens, ande encumbrances: attha ume ottransters totheD Dealere excepttot tne extent shown Delow. Tneg des llowst tor ca ade-n itemi Is lisled ann ihisd document. TheF Purchaser; topayt theb balancu due: shownt hereon icash. ortoexeculeal Times Salu Agreement monoys socunty provs 3S3 anys statutes elauing o personaip propory secuntys or ts equvalant. Purenaser uncerstands! tnatit ts gnts connecions witni insp purchase: arel limiteda ass sett forninthis DISCLOSURE DF ULATIONA APPLICABILITY- Wnen speratesinChifoma. anyo dlroac cieselv vchiclen may des subject to! the Califora AirR Resources Boardi In-Use OH-Road Diesel Vohicie IMPORTANTY WARRANTYI NOMTCE ha Santry Waranty forr nuw. sonn Deere constructan and! forestry procucsiss Setlornit mnas separate documentp provicedn ny tne dealer. Pieaser read! tne Stancard Telemancs Ont her uode. F anes anys met marware. Wnere avalacie. ieiemabcs soliwae. incluung. JDunk" connectviys service. may: Des enabledi tramy yourk lacal. JahnD Deere Operations Tneurcursgnus- - st, thet Puchastrs nereny arouts: the; produet mne Procuerlo dascrbea abovet trom: tne Doaler. The Dealers shalinatbe hable tart falutet toprovdet tna Producto ortora any vnansgtasv Banoh 9 sn: Cen ea accuping: nes equpment inclucing atachmunts. 'ASIS" conditon. agmungtor nabiy RDOE Equrpment Co. wihinz 241 haursota anyo damagesor  facty. ui Luan Ajaunenn ior1 tre; purchase price ofine Product(s). plusa addtonalo charges shownt mnereon.s ortoe ekecutea aLoase/ Agruement. anart betore delivery ofthe  Procuctis)s ofant Duspes cuwvwrys ofthe Productsytot te Purchaser, udes shairemainv witht thes Seiler untlo one ofthef foregoingis S:  Excepta as providedh herein anda as necessary'to  uptny trustoec cra buyor. t tnoo arainaryo course orb busness. teP Purcnaser: anat thoD Doalora agree thatt tnis Purcnaso Orderis isnotas socuntya agreement acselersseat turnoverr requirements: torecuce emssions ofart pollutants. More informationisa avalanle onthed Cahforna Ar Resources Boarow weosite STANDARD ARRANTY ANDF PURCHASE CRCER. WHERE PERMITTED: BYL LAW. NOIMPLIED WARRANTY OF! MERCHANTABILITY ORF FITNESSI ISN MADE. tothe Desiers inanityt chtans such Proauctt trom: the manutacturers orsuppier or others causa Duyona! the Dealurs control. Thec cash: pnces sncwn: aboveis man utacrurerd or: Suppier pnort to anyo changen np price Dy then manufacturer ors suppler andis also subecitoa anyn newore uncreased! taxes peng imposed  pursuant 1ou trisP Parcnase Orcery wir nctc passessiono of! tneF intrestt GF RDO Equpmenunt tne Product.  by: tnePurchaser.: asadebtor. tor the purposes oline purchase  adeu unlesss spupfied tney Warranty Slatement. PURCHASERSE RIGHTS ANDE REMEDIES  TOT THIS  ARE  itsts sues your thons ized vonr Deerer deaier: tora assistance. ters mas ce  tnsPurcnase Oroer.  Page 1of6    eMPFE CAT City of Calipatria 125 N. Park Ave. Calipatria, CA 92233 Attn: Eddie Self  "NotA Actuald QuotedMachine  CATERPILLAR 305 MINI HYDRAULIC EXCAVATOR  Powertrain  Electrical  CAT C1.7T Electronic, Turbo, DOC (Diesel Oxidation Catalyst) Diesel Engine U.S. EPA Tier 41 Final Automatic Engine Idle Automatic Engine Shut-Off Automatic Swing Brake Automatic Two-Speed' Travei Fuel & Water Separator with Indicator Radial Seal, Double Element Air Filter with Restrictions Indicator Hydraulics Smart Tech Electronic Pump Variable Displacement Piston Pump Load Sensing & Flow Sharing Hydraulics Power On Demand Hydraulic Temperature Monitoring Certified Accumulator Operator Environment Operator Sound Pressure 72 dB(A) Integrated Lower Front Window Rear Window Emergency Exit 12VF Power Socket Ergonomic Joystick Control Levers Adjustable Wrist Rests Pattern Changer Color LCD Monitor  12V Electrical System 85 Ampere Alternator 650 CCAI Maintenance Free Battery Battery Disconnect Circuit Breaker Ignition Key Stop Switch Signaling/Waring Horn Work Lights Courtesy Safety & Left Boom Lights Extended Life Coolant 37°C Hydro Advanced Hydraulic Oil Other Standard Equipment CAT Key with Passcode Option Locks on External Enclosure Doors Lockable Fuel Cap Beacon Socket Engine Oil Ecology Drain Side by Side Engine & Hydraulic Oil Cooler Stick Steer! Mode Cruise Control Mode Power On Demand Rear Reflectors Roll Over Protective Structure (ROPS) Product Link PL243 Auxiliary Hydraulic Lines 1-Way &2 2-Way (Combined Function) Auxiliary Line Quick Disconnects Adjustable Auxiliary Flow Continuous Flow Adjustable Auxiliary Relief Thumb Ready Stick  Fluids  Fuel Level, Coolant Temperature & Waning Indicator Maintenance & Machine Monitoring Performance & Machine Adjustments Numeric Security Code Multiple Languages Hour Meter Jog Dial Control Interface Coat Hook Cup Holder Hydraulic Lockout Controis Literature Hoider Molded Footrests Removable Washable Floormat Retractable, Fluorescent "High' Visibility" Seat Belt Travel Control Pedals with Hand Levers Utility Space for Mobile Phone Skylight Mounting Bosses for Top & Front Guards  XXX 18535 13.823S 75,33111 3533 75825    EMPIRE CONFIGURATION (CAB-PG MAN COUPLER)  Long Stick 1st Auxiliary Lines Boom & Stick Lines One-Piece Swing Boom (106.9") Long Stick (63") with Thumb Bracket Manual Dual Lock Pin Grabber Coupler Bucket Linkage with Lifting Eye 45mm Pins 12"1 1.7FT Heavy Duty Bucket 18"2.9FT3! Heavy Duty Bucket 24"4.2FT3 Heavy Duty Bucket Product Link Cellular (PL243) Software Coded Start Proportional Control 2-Way Control Stick Steer Control PRICING SUMMARY List Price... Less Sourcewell Discount (20%).. Less Empire Discount (3%).. Sub Total.. Delivery.. Ext. Warranty.. Sales Price.. Sales Tax.. Total Sales Price.. SOURCEWELL Contract# 236351 business.  Cab  Air Conditioner & Heater Next Gen Monitor Rearview Camera Integrated Radio 3"F Retractable Seat Belt CAT Key with Passcode Option LED Lights Right Cab Mirror Grease Gun Holder 120VWater Jacket Heater Travel Alarm 16" Rubber Belt Track Standard Counterweight  Standard Blade (78"x15.4") with Bolt-On Cutting Edge  $113,066.00 ($22,613.20) ($3,391.98) $87,060.82 $500.00 $1,190.00 $88,750.82 $6,878.19 $95,629.01  We appreciate the opportunity to quote yout this machine. Thank yout for your consideration, and wel look forward toy your valued  Brian Havens Account Manager Empire Machinery 760-996-4881 Brian.Mavens@empire-cat.com 7/3/2024  This quotei iss goodk for3 30days on units int transit fromt then menufacturing! (MFG) fectoryo orin Empire stock onlya and prices ares subject toc change. Availabilys subject top priors sale. Price adjustmentsy willbe applied based onn manufecturas price orH incentivesi increasestiecrasesi thato occur belwoont this quote andh thef finalp priceu upon MFG confirmation ofs shipd date. Tirob brandcannot bog guarantood. Dueto marketi issueso outsided ofE Empire's control, anyb bres Asted on thisq quoter mayn notb beavailable attimeo ofshipment.. A! tiren makes, models ando costs ares subjoct tochange. Alfinance options ares subjectto credit approval. Byp purchasings goodsc or servicesh from Empire, youa agree lob Empire's Terms fmnxemematcomaalbsenipelemms, which arei incorporaledi intot this quote.  SAFETY I RESPECT I INTEGRITY I TEAMWORK I EXCELLENCE I STEWARDSHIP I ASTONISHMENT  Page2of9    CALIP  1919  CALIPATRIA CITY COUNCIL AGENDA ITEM  Date Submitted: Submitted By: Council Meeting Date:  July 19, 2024  Laura Gutierrez, City Manager/ CFO  July22,2024 Discussion/Action  Subject: Background:  Approval of Lease Agreement for Tyson Medical Foundation N  Property Address 101 North Lake Avenue  On August 22, 2023, the City Council approved first reading of Ordinance 23-003 approving the similar use determination for a medical clinic at 101 North Lake Avenue as the site is located within the Public Facilities Staff has negotiated a lease agreement with Tyson Medical Foundation for the property located at 101 North Lake Avenue. The agreement is for a term of five (5) years with an option to renew two additional five (5) year The city currently does not have an existing medical facility. The Tyson Medical Foundation will provide a On November 28, 2024, the City Council approved the attached lease agreement for the term of January1, 2024 - December 31, 2029. The Tyson Medical Foundation has requested changing the terms starting  (P-F) Zone and did not allow are medical clinics.  terms.  much-needed urgent care facility to the community.  September 1, 2024, to August 31, 2029.  Recommendation: execute the agreement. Fiscal Impact: No Fiscal Impact.  Staff is recommending the City Council approve the changes and authorize the Mayor and City! Manager to    LEASE AGREEMENT  In consideration of the terms and conditions contained herein, the City of Calipatria, Lessor, does hereby lease to Tyson Medical Foundation, Lessee, and Lessee does hereby lease from the Lessor, that certain premises located in the City of Calipatria, California, (hereinafter called "premises") commonly known as 101 North Lake Avenue, on the southwest corner of APN: 023-223-001 at the intersection of Lake  Avenue and Main Street/State Route 115, Calipatria, California.  1. TERM: The term oft this Lease shall be for five (5) years, commencing  September 1, 2024, and terminating August 31, 2029.  2. OPTION TO RENEW: At the expiration of the term, provided that the Lessee is not in default, the Lessee shall have the option to extend this lease for two additional five (5) year terms provided Lessee notifies the Lessor of its intention to exercise the  option to renew thirty (30) days prior to the expiration of the term.  3. RENTAL: Lessee shall pay to Lessor as rental for the premises the sum of Four Thousand Five Hundred Dollars ($4,500.00) per month for the first year of this Lease. Monthly rent is due on the first day of the month and shall be late if not paid by the fifth day of the month. A late fee of six percent (6%) of the rent shall be assessed as additional rent if the rent is not paid by 5 p.m. on the fifth day of the month.  The monthly rent shall be subject to adjustment at the commencement of the second year of the term and every year thereafter by the greater of three percent (3%) or the annual Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average for All Items, published by the United States Department of Labor, Bureau of Labor Statics in the month of August immediately prior to commencement of the  subsequent year of the term.    Notwitnstanding the foregoing, in consideration of the Lessee's plan to convert the premises into a medical clinic, the Lessor has agreed to waive the requirement to pay rent for the first eight (8) months of the term following the opening of the medical  clinic.  4. SECURITY DEPOSIT: Lessee shall provide the Lessor a security deposit in an amount equal to one month's rent. The security deposit shall be held by the City in its general fund, and Lessee shall not be entitled to any interest earned on said deposit  during the term of this Lease.  5. UTILITIES: The Lessee shall be solely responsible for any and all utilities  provided to the premises.  6. ACCEPTANCE OF PREMISES: Lessee has had an opportunity to inspect the premises and knows the condition of the same. Lessor makes no warranty or representation of any kind concerning the condition of the premises, or the fitness of the premises for the use intended by Lessee, and hereby disclaims any personal knowledge with respect thereto, it being expressly understood by the Parties that Lessee has personally inspected the premises, knows its condition, finds it fit for Lessee's intended use, accepts it as is, and has ascertained that it can be used exclusively for the Required Uses, and any Permitted Uses authorized by Lessor. 7. REMODEL OF PREMISES: Lessor acknowledges that Lessee intends to remodel the premises to convert the same from office space to a medical clinic. Lessee shall be responsible for obtaining all necessary permits and inspections required for the remodel. All work on the premises shall be conducted by licensed contractors.  8. FREE OF LIENS: Lessee shall keep the premises free from any liens arising out of any work performed, material furnished, or obligations incurred by Lessee. Ten    workdays prior to commencement of work on the premises, Lessee shall be responsible for notifying Lessor ofi its intention to commence work, sO that Lessor may record a  Notice of Non-Responsibity.  9. MAINTENANCE AND REPAIRS: Lessee shall, at its sole cost and expense, keep and maintain the premises in good and sanitary order, condition and repair.  10. WASTE: Lessee shall not commit or suffer to be committed any waste or  forms of nuisance upon the premises.  11. SIGNAGE: Reasonable signage shall be permitted. However, inasmuch as the premises are owned by the City, signs or placards endorsing any candidate for political office or endorsing or opposing any ballot measure on any local, county, state  or federal election shall not be permitted.  12. ASSIGNMENT AND SUBLETTING: Lessor may not assign this lease or enter into a sublease without the express written consent of Lessor. The decision to approve such an assignment or sublease shall be at the sole discretion of the Lessor. 13. INDEMNITY: Lessee agrees to indemnify and save harmless the Lessor from any and all liability, claim or causes for damages by reason of any injury to any person and persons, including the Lessee, or the property of any kind whatsoever and to whomsoever it belongs, including the Lessee, arising from any cause or causes  occurring in or upon or in any way connected with the premises.  14. INSURANCE: Lessee shall, at its sole expense, cause to be maintained during the term of this Lease public liability and property damage insurance in the sum of$2,000,000 issued by a reputable insurance company, naming Lessor as an additional insured therein. Lessee shall furnish Léssor a certificate of insurance evidencing issuance of said liability policy within ten days of the execution of this Lease.    15. TAXES: The Lessor is a government entity, as such the premises are currently exempt from property taxes. In the event that Lessee's occupancy of the premises subjects the premises to property taxes, Lessee shall be responsible for all property taxes levied upon the premises. Lessee shall be solely responsible for the payment of any and all personal property taxes levied on Lessee's equipment installed  at the premises.  16. USE: The premises are to be used as a medical clinic. Lessee shall not use  Property for any purpose not expressly permitted hereunder.  17. PERMITS: Lessee shall obtain and maintain permits and licenses at the local, state, and federal level required to operate Lessee's business at the premises.  18. COMPLIANCE WITH THE LAW: Lessee shall comply with all requirements and regulations of the federal, state and municipal authorities now or hereinafter in force and effect. IfLessor gives notice to Lessee of any conditions requiring correction and. Lessee fails to correct the same within 30 days, Lessee shall be in default under the  terms of this Lease.  19. DAMAGE OR DESTRUCTION OF PREMISES: Except as provided herein, no destruction or damage to the premises by fire, windstorm or other casualty, whether insured or uninsured, shall entitle Lessee to terminate this Lease. Lessor and Lessee waive the provisions of any statutes which relate to termination of a lease when leased property is destroyed and agree that such event shall be governed by the terms of this Lease. If, during the term, the premises are totally or partially destroyed, rendering the premises totally or partially inaccessible or unusable, Lessee shall restore the premises to substantially the same condition as it was in immediately before destruction ("Restoration"), whether or not the insurance proceeds are sufficient to cover the actual    cost of Restoration. Such destruction shall not terminate this Lease. Ifthe laws existing at that time do not permit the Restoration, either party can terminate this Lease  immediately by giving notice to the other Party.  20. EVENTS OF DEFAULT: The occurrence of any one or more of the following events shall constitute a material default, or breach of this Lease by Lessee ("Lessee  Event of Default"):  20.1. Abandonment: Abandonment of the Property by Lessee as defined by  California Civil Code section 1951.3;  20.2. Failure to Pay Rent or Other Payments: Failure by Lessee to make any payment of Rent or any other payment required to be made by Lessee hereunder, as provided in this Lease, where such failure continues for a period of three business days after Lessor provides Lessee with written notice thereof. In the event Lessor serves Lessee with a Notice to Pay Rent or Quit pursuant to applicable Unlawful Detainer statutes ("Notice to Pay Rent or Quit"), such Notice to Pay Rent or Quit shall also  constitute the notice required by this subparagraph;  20.3. Assignment to Creditors; Debtor Status; Bankruptcy and Seizure:  20.3.1. Making, by Lessee, of any general arrangement or assignment for  the benefit of creditors;  20.3.2. Becoming a "Debtor" as defined in 11 U.S.C. $101, as the same may be amended from time to time. The appointment of a bankruptcy trustee or receiver to take possession of all or substantially all of Lessee's assets located at or on the premises or of Lessee's interest in this Lease where possession is not  restored to Lessee within thirty (30) days; or  20.3.3. The attachment, execution or other judicial seizure of all or    substantially all of Lessee's assets located at or on the Property or of Lessee's interest in this Lease, where such seizure is not discharged within thirty (30)  days.  21. REMEDIES UPON DEFAULT: In the event of any breach or default of this Lease by Lessee, Lessor, besides and in addition to any other rights and remedies that Lessor may legally have, shall have the immediate right of reentry, option to declare the lease terminated, remove all persons or property from the premises, and, at the sole discretion of Lessor, lease and exercise control over the premises as agent for Lessee. No exercise of the right of reentry or taking possession of the premises by Lessor shall be construed as an election to terminate the lease, unless a written notice of such election be given to Lessee or unless the Lease is terminated by decree ofa court of competent jurisdiction. Lessee waives all rights of redemption or relief from forfeiture under California Code of Civil Procedure sections 1174 and 1179, and any other present or future law, in the event Lessee is evicted or City otherwise lawfully takes possession of the Property by reason of any Event of Default or breach of this  Lease by Lessee.  In the event that legal action is necessary to enforce any oft the terms or conditions of this lease, the prevailing party shall be entitled to reasonable attorney's  fees and costs from the other party.  22. NOTICES: All notices to the Parties shall, unless otherwise requested in  writing, be sent as follows: 22.1. To Lessor: Name: City of Calipatria  Attn: Laura Gutierrez, City Manager    Address: 125 North Park Avenue, Calipatria, CA92233  Phone: (760)348-4141 Email: Suterez@-alpatracom  22.2. To Lessee:  Name: Tyson Medical Foundation Attn: Brian Tyson  Address: 420 Sunflower Ct., Brawley, CA 92227  Phone: (760)592-4351 Email: ptyson@ao.com  All notices may be served on one Party by the other in person, by first class mail,  or by certified mail whether or not said. mailing is accepted by the other Party.  23. HOLDING OVER: If Lessee remains in possession of the premises or any part thereof after the expiration of the Term, including any Extension Term (if any), such occupancy shall be a tenancy from month-to-month with all the obligations of this Lease applicable to Lessee and at a monthly rental obligation equal to the amount of rent payable at the expiration of the Term or the Extension Term Rent, in effect at the time of expiration. In the event of holdover, the Lessor shall be entitled to raise the rent at its election, pursuant to California law. Nothing contained in this Lease shall give Lessee the right to occupy the premises after the expiration of the term, or upon an earlier  termination for breach.  24. LESSOR'S RIGHT OF ACCESS: Lessor shall have access to the premises at all reasonable times for the purpose of inspecting the same, or posting such notices as LESSOR may deem to be necessary for the protection of Lessor or the premises. 25. SURRENDER OF PREMISES: Upon the expiration of this Lease, or any    sooner termination thereof, Lessee agrees to peacefully and quietly surrender and deliver up possession of the premises to Lessor. At such time, Lessee shall be entitled tor remove its personal property, equipment, and any fixtures that may be removed without damaging the premises. In the event there are fixtures that cannot be removed without damaging the premises, those fixtures shall become the property of the Lessor  upon termination of this Lease.  IN WITNESS WHEREOF, the parties hereto have executed this lease on this  day of  2024.  CITY OF CALIPATRIA:  Lessee:  By: Sylvia R. Chavez, Mayor  By: Brian Tyson  By: Laura Gutierrez, City Manager  By: Fabiola Tyson  ATTEST: By:  Catherine Hoff, City Clerk APPROVED AS TO FORM:  By:  Gilbert G. Otero, City Attorney    CALIR  1919  CALIPATRIA CITY COUNCIL AGENDA ITEM  Date Submitted: Submitted By: Council Meeting Date:  July1 19, 2024  Laura Gutierrez, City Manager/ CFO  July22,2024 Discussion/Action  Subject: Background:  Approval of Lease Agreement for Estrada Towing" - Property Address 501 South Sorenson Avenue  On May 28, 2024, the City Council authorized staff to proceed with negotiations for a lease agreement for the Public Works Yard with Estrada Towing. The Public Works Department was approved by the City Council to Staff has negotiated al lease agreement with Estrada Towing for the property located at 501 South Sorenson Avenue. The agreement is for a term of two (2) years with an option to renew two additional two (2) year  begin transitioning their relocation to the Airport Hanger.  terms.  Recommendation:  Staff is recommending the City Council approve the lease agreement as presented and authorize the Mayor  and City Manager to execute the agreement.  Fiscal Impact: No Fiscal Impact.    LEASE AGREEMENT  In consideration of the terms and conditions contained herein, the City of Calipatria, Lessor, does hereby lease to Estrada Towing, Lessee, and Lessee does hereby lease from the Lessor, that certain premises located in the City of Calipatria, California, (hereinafter called "premises") commonly known as 501 South Sorenson Avenue, on the southeast corner of APN: 023-470-001 at the intersection of Date Street  and Sorenson Avenue/State Route 111, Calipatria, California.  1. TERM: The term of this Lease shall be for two (2) years, commencing August  1, 2024, and terminating July 31, 2026.  2. OPTION TO RENEW: At the expiration of the term, provided that the Lessee is not in default, the Lessee shall have the option to extend this lease for an additional two (2) year terms provided Lessee notifies the Lessor of its intention to exercise the  option to renew thirty (30) days prior to the expiration of the term.  3. RENTAL: Lessee shall pay to Lessor as rental for the premises the sum of Two Thousand Dollars ($2,000.00) per month for the first year of this Lease. Monthly rent is due on the first day of the month and shall be late if not paid by the fifth day of the month. Al late fee of six percent (6%) of the rent shall be assessed as additional  rent if the rent is not paid by 5 p.m. on the fifth day of the month.  The monthly rent shall be subject to adjustment at the commencement of the second year of the term and every year thereafter by the greater of three percent (3%) or the annual Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average for All Items, published by the United States Department of Labor, Bureau of Labor Statics in the month of August immediately prior to commencement of the  subsequent year of the term.    Notwithstanding the foregoing, in consideration of the Lessee's plan to clean-up the premises, the Lessor has agreed to waive the requirement to pay rent for the first  two (2) months of the term.  4. SECURITY DEPOSIT: Lessee shall provide the Lessor a security deposit in an amount equal to one month's rent. The security deposit shall be held by the City in its general fund, and Lessee shall not be entitled to any interest earned on said deposit  during the term of this Lease.  5. UTILITIES: The Lessee shall be solely responsible for any and all utilities  provided to the premises.  6. ACCEPTANCE OF PREMISES: Lessee has had an opportunity to inspect the premises and knows the condition of the same. Lessor makes no warranty or representation of any kind concerning the condition of the premises, or the fitness of the premises for the use intended by Lessee, and hereby disclaims any personal knowledge with respect thereto, it being expressly understood by the Parties that Lessee has personally inspected the premises, knows its condition, finds it fit for Lessee's intended use, accepts it as is, and has ascertained that it can be used exclusively for the Required Uses, and any Permitted Uses authorized by Lessor. 7.CLEAN-UP OF PREMISES: Lessor acknowledges that Lessee intends to clean-up the premises to convert from Public Works Yard to a tow yard and mechanic shop. Lessee shall be responsible for obtaining all necessary permits and inspections  required.  8. FREE OF LIENS: Lessee shall keep the premises free from any liens arising out of any work performed, material furnished, or obligations incurred by Lessee. Ten    workdays prior to commencement of work on the premises, Lessee shall be responsible for notifying Lessor of its intention to commence work, sO that Lessor may record a  Notice of Non-Responsibity,  9. MAINTENANCE AND REPAIRS: Lessee shall, at its sole cost and expense, keep and maintain the premises in good and sanitary order, condition and repair.  10. WASTE: Lessee shall not commit or suffer to be committed any waste or  forms of nuisance upon the premises.  11. SIGNAGE: Reasonable signage shall be permitted. However, inasmuch as the premises are owned by the City, signs or placards endorsing any candidate for political office or endorsing or opposing any ballot measure on any local, county, state  or federal election shall not be permitted.  12. ASSIGNMENT AND SUBLETTING: Lessor may not assign this lease or enter into a sublease without the express written consent of Lessor. The decision to approve such an assignment or sublease shall be at the sole discretion of the Lessor. 13. INDEMNITY: Lessee agrees to indemnify and save harmless the Lessor from any and all liability, claim or causes for damages by reason of any injury to any person and persons, including the Lessee, or the property of any kind whatsoever and to whomsoever it belongs, including the Lessee, arising from any cause or causes  occurring in or upon or in any way connected with the premises.  14. INSURANCE: Lessee shall, at its sole expense, cause to be maintained during the term of this Lease public liability and property damage insurance in the sum of$ $2,000,000 issued by a reputable insurance company, naming Lessor as an additional insured therein. Lessee shall furnish Lessor a certificate ofi insurance evidencing issuance of said liability policy within ten days of the execution of this Lease.    15. TAXES: The Lessor is a government entity, as such the premises are currently exempt from property taxes. In the event that Lessee's occupancy of the premises subjects the premises to property taxes, Lessee shall be responsible for all property taxes levied upon the premises. Lessee shall be solely responsible for the payment of any and all personal property taxes levied on Lessee's equipment installed  at the premises.  16. USE: The premises are to be used as a medical clinic. Lessee shall not use  Property for any purpose not expressly permitted hereunder.  17. PERMITS: Lessee shall obtain and maintain permits and licenses at the local, state, and federal level required to operate Lessee's business at the premises.  18. COMPLIANCE WITH THE LAW: Lessee shall comply with all requirements and regulations of the federal, state and municipal authorities now or hereinafter in force and effect. IfLessor gives notice to Lessee of any conditions requiring correction and Lessee fails to correct the same within 30 days, Lessee shall be in default under the  terms of this Lease.  19. DAMAGE OR DESTRUCTION OF PREMISES: Except as provided herein, no destruction or damage to the premises by fire, windstorm or other casualty, whether insured or uninsured, shall entitle Lessee to terminate this Lease. Lessor and Lessee waive the provisions of any statutes which relate to termination of a lease when leased property is destroyed and agree that such event shall be governed by the terms of this Lease. If, during the term, the premises are totally or partially destroyed, rendering the premises totally or partially inaccessible or unusable, Lessee shall restore the premises to substantially the same condition as it was in immediately before destruction ("Restoration'), whether or not the insurance proceeds are sufficient to cover the actual    cost of Restoration. Such destruction shall not terminate this Lease. Ifthe laws existing at that time do not permit the Restoration, either party can terminate this Lease  immediately by giving notice to the other Party.  20. EVENTS OF DEFAULT: The occurrence of any one or more of the following events shall constitute a material default, or breach of this Lease by Lessee ("Lessee  Event of Default"):  20.1. Abandonment: Abandonment of the Property by Lessee as defined by  California Civil Code section 1951.3;  20.2. Failure to Pay Rent or Other Payments: Failure by Lessee to make any payment of Rent or any other payment required to be made by Lessee hereunder, as provided in this Lease, where such failure continues for a period of three business days after Lessor provides Lessee with written notice thereof. In the event Lessor serves Lessee with a Notice to Pay Rent or Quit pursuant to applicable Unlawful Detainer statutes ("Notice to Pay Rent or Quit"), such Notice to Pay Rent or Quit shall also  constitute the notice required by this subparagraph;  20.3. Assignment to Creditors; Debtor Status: Bankruptcy and Seizure:  20.3.1. Making, by Lessee, of any general arrangement or assignment for  the benefit of creditors;  20.3.2. Becoming a "Debtor" as defined in 11 U.S.C. $101, as the same may be amended from time to time. The appointment of a bankruptcy trustee or receiver to take possession of all or substantially all of Lessee's assets located at or on the premises or of Lessee's interest in this Lease where possession is not  restored to Lessee within thirty (30) days; or  20.3.3. The attachment, execution or otherj judicial seizure of all or    substantially all of Lessee's assets located at or on the Property or of Lessee's interest in this Lease, where such seizure is not discharged within thirty (30)  days.  21. REMEDIES UPON DEFAULT: In the event of any breach or default of this Lease by Lessee, Lessor, besides and in addition to any other rights and remedies that Lessor may legally have, shall have the immediate right of reentry, option to declare the lease terminated, remove all persons or property from the premises, and, at the sole discretion of Lessor, lease and exercise control over the premises as agent for Lessee. No exercise of the right of reentry or taking possession of the premises by Lessor shall be construed as an election to terminate the lease, unless a written notice of such election be given to Lessee or unless the Lease is terminated by decree of a court of competent jurisdiction. Lessee waives all rights of redemption or relief from forfeiture under California Code of Civil Procedure sections 1174 and 1179, and any other present or future law, in the event Lessee is evicted or City otherwise lawfully takes possession of the Property by reason of any Event of Default or breach of this  Lease by Lessee.  Ini the event that legal action is necessary to enforce any of the terms or conditions of this lease, the prevailing party shall be entitled to reasonable attorney's  fees and costs from the other party.  22. NOTICES: All notices to the Parties shall, unless otherwise requested in  writing, be sent as follows: 22.1. To Lessor: Name: City of Calipatria  Address: 125 North Park Avenue, Calipatria, CA 92233    Phone: (760)348-4141 Email: gutterrez@calpatria.com  22.2. To Lessee: Name: Estrada Towing  Address: 404 South N Street, Imperial, CA 92251  Phone: (760) 545-1117 Email: stadatowngs@yanon  All notices may be served on one Party by the other in person, by first class mail,  or by certified mail whether or not said mailing is accepted by the other Party.  23. HOLDING OVER: If Lessee remains in possession of the premises or any part thereof after the expiration of the Term, including any Extension Term (if any), such occupancy shall be a tenancy from month-to-month with all the obligations of this Lease applicable to Lessee and at a monthly rental obligation equal to the amount of rent payable at the expiration of the Term or the Extension Term Rent, in effect at the time of expiration. In the event of holdover, the Lessor shall be entitled to raise the rent at its election, pursuant to California law. Nothing contained in this Lease shall give Lessee the right to occupy the premises after the expiration of the term, or upon an earlier  termination for breach.  24. LESSOR'S RIGHT OF ACCESS: Lessor shall have access to the premises at all reasonable times for the purpose of inspecting the same, or posting such notices as LESSOR may deem to be necessary for the protection of Lessor or the premises. 25. SURRENDER OF PREMISES: Upon the expiration of this Lease, or any sooner termination thereof, Lessee agrees to peacefully and quietly surrender and deliver up possession of the premises to Lessor. At such time, Lessee shall be entitled    to remove its personal property, equipment, and any fixtures that may be removed without damaging the premises. In the event there are fixtures that cannot be removed without damaging the premises, those fixtures shall become the property of the Lessor  upon termination of this Lease.  IN WITNESS WHEREOF, the parties hereto have executed this lease on this  day of  2024.  CITY OF CALIPATRIA:  ESTRADA TOWING (Lessee):  By: Sylvia R. Chavez, Mayor  By: Alex Estrada  By: Laura Gutierrez, City Manager  ATTEST: By:  Catherine Hoff, City Clerk APPROVED AS TO FORM:  By:  Gilbert G. Otero, City Attorney