[PAGE 1] City Council Ida Obeso-Martinez - Mayor Stacy Mendoza - Mayor Pro-Tem Katherine Burnworth - Council Member Robert Amparano - Council Member James Tucker- Council Member AGENDA Regular Meeting of the Imperial City Council City Council Chambers 220 West 9th Street Imperial, CA 92251 April 1, 2026 Closed Session at 06:00 pm Open Session at 07:00 pm The City Council meetings are live-streamed on the City’s Facebook page at www.facebook.com/cityofimperial. By remaining in the room, you are giving permission to be recorded. Public Comments: Members of the public who wish to speak are encouraged to fill out a Speaker Slip and submit it to the City Clerk before the start of the meeting. Public comments are limited to 3 minutes. Comments may also be submitted by email to CityClerk@imperial.ca.gov no later than 5:00 p.m., the day of the meeting. Americans with Disabilities Act: Requests for special assistance to participate in the meeting, please contact the City Clerk’s Office by calling (760) 355-5303 or emailing CityClerk@imperial.ca.gov. Notification of 48 hours before the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102- 35.104 ADA title II]. All documents with executive summaries and staff recommendations for open session action items are available on the City’s website 72 hours before the meeting www.https://cityofimperial.org/cc-agenda-archive. Supplemental writings distributed to the City Council within 72 hours of the meeting will also be posted online. Written materials shared during the meeting will be available there if prepared by the city or afterward if prepared by others. These materials can be obtained from the City Clerk’s Office. 6:00 P.M. CLOSED SESSION ROLL CALL Page 1 of 158 [PAGE 2] PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: At this time, members of the public may address the City Council on Closed Session items. 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. CITY COUNCIL ADJOURNS INTO CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION G.C §54956.9 (d)(1): City of Imperial vs. Imperial Valley Computer Manufacturing LLC, et al, Imperial County Superior Court Case No ECU004457, Imperial Valley Manufacturing, LLC vs. City of Imperial, United States District Court for the Southern District of California Case No 26CV128 JLS BJW, and City of Imperial v. Gazette Ranch, Inc., Imperial County Superior Court, ECU00569 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation pursuant to California Government Code section 54956.9(c) Number of Potential Cases: 1 CONFERENCE WITH LABOR NEGOTIATORS G.C. §54957.6 Agency Representatives: City Manager Employee Organization: Imperial Police Officers Association, Teamsters Local 542 & Employee Organization Management Supervisory, Professional, Confidential, and Police Captain/Unrepresented PUBLIC EMPLOYEE APPOINTMENT G.C.§ 54957 Title: City Attorney 7:00 P.M. REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE ADJUSTMENTS TO THE AGENDA: The City Council 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 before that portion of the agenda. The City Council may address these issues by entertaining a formal motion. CITY ATTORNEY REPORT ON CLOSED SESSION PUBLIC COMMENT: 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. A. PRESENTATIONS: A.1. Autism Acceptance Month Proclamation Presentation. Page 2 of 158 [PAGE 3] A.2. Q2 Budget Update Presentation by Finance Director Victor Manriquez. B. CONSENT AGENDA: All items appearing under the “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 Warrants Report. B.2. Approve the City Council Meeting Minutes for March 4, 2026. B.3. Authorization for the destruction of Imperial Police Department Reports ranging from 1979-2014 B.4. Approval of terms of service for appointed members of the Library Board of Trustees. C. PUBLIC HEARING (DISCUSSION/ACTION): C.1. Public hearing for the purpose of vacating a public right-of-way portion of Imperial Avenue between 1st Street and State Highway 86 and adopting Resolution No. 2026- 11 approving the intent to vacate. Presenter: Othon Mora, Community Development Director Recommended Action: Approve Resolution 2026-11, A RESOLUTION OF INTENTION TO VACATE A PUBLIC RIGHT-OF-WAY. D. ACTION ITEMS (DISCUSSION/ACTION): D.1. Establishing A Policy for the Processing of Specific Residential Development Projects Consistent With Government Code Section 65583.2 Presenter: Othon Mora, Community Development Director Recommended Action: Staff Recommends Approval of Resolution No 2026-08, A RESOLUTION OF CITY COUNCIL OF THE CITY OF IMPERIAL, ESTABLISHING A POLICY FOR THE PROCESSING OF SPECIFIC RESIDENTIAL DEVELOPMENT PROJECTS CONSISTENT WITH GOVERNMENT CODE SECTION 65583.2 D.2. Approval and acceptance of off-site street improvements, and authorize partial reconveyance for Lots in Phases 62-67 of Monterrey Park Subdivision No.2 Unit 4C, to Jupiter Ventures I, LP Presenter: Othon Mora, Community Development Director Recommended Action: 1. Staff recommends approval and acceptance of off-site street improvements of Monterrey Park Subdivision No.2 Unit 4C - Phases 62-67. 2. Staff recommends authorization of Partial Reconveyance regarding Lots 484 to 493 per FM 28-60, Lots 512 to 521 per FM 28-60, and Lots 550 to 568 per FM 28-60 to Jupiter Ventures I, LP. Page 3 of 158 [PAGE 4] D.3. Approve Grid 2 Sidewalk Survey Proposal from Precision Concrete Cutting Presenter: Jenell Guerrero, Interim Public Services Director Recommended Action: Approve Grid 2 Sidewalk Survey Proposal from Precision Concrete Cutting. D.4. Acceptance of work completed for 7th Street Rehabilitation & Pedestrian Improvements from S. "D" Street to S. "E" Street, LPPSB1-5134(029) Presenter: Othon Mora, Community Development Director Recommended Action: Staff recommends approval of the balancing change order, acceptance of the work as completed, and authorization to file the "Notice of Completion" with the County Clerk/Recorder's Office. D.5. Approve Resolution No. 2026-12 to Authorize the Sale of APN 063-054-038. Presenter: Dennis H. Morita, City Manager Recommended Action: Staff recommends approval of a Purchase and Sale Agreement with JMJ SouthWest Limited Liability Company and adopt Resolution No. 2026-12, APPROVING THE SALE OF ASSESSOR’S PARCEL NUMBER 063-054- 038 (APPROXIMATELY 25,311.72 SQUARE FEET OF VACANT LAND) AND AUTHORIZING CITY MANAGER AND/OR HIS DESIGNEE TO ENTER INTO A PURCHASE AND SALE AGREEMENT TO EFFECTUATE SAID SALE E. REPORTS: • Department Reports • City Manager Report • Mayor and Councilmember Reports ADJOURNMENT: The next regular meeting of the Imperial City Council will be held on April 15, 2026. Page 4 of 158 [PAGE 5] B-1 Check Register Report Date: 03/25/2026 Time: 10:45 am CITY OF IMPERIAL BANK: US BANK Page: 1 Check Check Status Void/Stop Reconcile Vendor Vendor Name Check Description Amount Number Date Date Date Number US BANK Checks 131370 03/19/26 Printed 5956 AMAZON CAPITAL SERVICES 1PKH-7KML-CMDN 87116 2,988.97 131371 03/19/26 Printed 7537 AMERICAN BACKFLOW 986750 87172 109.99 PRODUCTS CO. 131372 03/19/26 Printed 6306 AMERICAN FIDELITY D952484 MARCH 2026 86966 6,000.74 ASSURANCE 131373 03/19/26 Printed 3012 ANTUNEZ AUTO BODY PARTS 124407 86931 323.67 131374 03/19/26 Printed 1066 AT & T 24913748 332.49 131375 03/19/26 Printed 4400 BABCOCK LABORATORIES, CC60598-8203 87152 653.95 INC. 131376 03/19/26 Printed 7158 BLUETARP FINANCIAL, INC. J70754 86928 568.72 131377 03/19/26 Printed 7808 BOOT BARN INC. INV00578293 J. AGUILERA 85249 672.19 131378 03/19/26 Printed 8296 BRAWLEY ANALYTICAL, INC. 001862 87156 1,004.50 131379 03/19/26 Printed 674 BRENNTAG BPI587905 87154 4,581.48 131380 03/19/26 Printed 455 CALIFORNIA STATE 3/20/26 1,605.66 DISBURSEMENT 131381 03/19/26 Printed 7449 CHRISTOPHER HERNANDEZ 9988-4113/480 TRESHILL #174 275.04 131382 03/19/26 Printed 3870 COMMERCIAL AVENUE COM1-423108 87179 727.45 TRUCK & 131383 03/19/26 Reconciled 03/24/26 1132 COMPUTERSHARE IMPEWFR19 4/15/26 86962 136,314.01 CORPORATE 131384 03/19/26 Reconciled 03/24/26 1132 COMPUTERSHARE IMP12WATER 4/15/26 86962 17,171.00 CORPORATE 131385 03/19/26 Reconciled 03/24/26 1132 COMPUTERSHARE IMPE2019RB 4/15/26 86962 291,495.50 CORPORATE 131386 03/19/26 Reconciled 03/24/26 1132 COMPUTERSHARE IMP12WSTWTR 4/15/26 86962 15,295.00 CORPORATE 131387 03/19/26 Reconciled 03/23/26 8844 COTA'S TACOS 2600-1 86937 750.00 131388 03/19/26 Printed 1056 DELL MARKETING L.P. 10866084151 86736 425.91 131389 03/19/26 Printed 1573 DEPARTMENT OF JUSTICE 031420 87112 49.00 131390 03/19/26 Printed 207 EL CENTRO MOTORS 5247841 86934 143.91 131391 03/19/26 Printed 1123 EMPIRE SOUTHWEST, LLC EPWK0687575 87176 9,520.51 131392 03/19/26 Printed 7145 FERGUSON WATERWORKS 0893432-2 87175 846.95 #1083 131393 03/19/26 Printed 314 FRANCHISE TAX BOARD 3/20/26 75.00 131394 03/19/26 Printed 8264 GALLAGHER BENEFIT 2026050759 87113 14,160.00 SERVICES INC 131395 03/19/26 Printed 4456 GRAFFIK SCREEN PRINTING 5348 86942 350.17 131396 03/19/26 Printed 2096 HOME DEPOT CREDIT 4901968 86740 192.07 SERVICES 131397 03/19/26 Printed 3160 IMPERIAL COUNTY JAN 1- DEC 31, 2025 86963 38,643.67 AUDITOR-CONTRO 131398 03/19/26 Printed 4264 IMPERIAL IRRIGATION 3139598 3/11/26 4,628.00 DISTRICT 131399 03/19/26 Printed 1336 IMPERIAL LANDFILL- 4136 4136-000023085 87171 725.99 131400 03/19/26 Printed 102 IMPERIAL POLICE OFFICERS 3/20/26 1,317.50 ASSN. 131402 03/19/26 Printed 3187 IMPERIAL TRUSS & LUMBER B83267 86941 1,944.61 CO. 131403 03/19/26 Printed 1555 IMPERIAL VALLEY PRESS 233018- 2026 RENEWAL 87014 203.88 131404 03/19/26 Printed 8644 JESSICA HURTADO 3/20/26 394.62 131405 03/19/26 Printed 9010 JOSE OROSCO JR. 9989-0240/302 WINCHESTER 84.89 131406 03/19/26 Printed 868 K-C WELDING & RENTALS, 224005 86927 290.91 INC. 131407 03/19/26 Printed 2901 KIMBALL MIDWEST 104212755 87177 3,912.49 131408 03/19/26 Printed 1647 LA BRUCHERIE IRRIGATION 323562 86943 1,687.89 SUPPLY 131409 03/19/26 Printed 5230 LABOR COMPLIANCE 3004 86680 1,200.00 CONSULTANTS 131410 03/19/26 Printed 1996 LEE TIRE CO. 411033 86933 2,186.08 131411 03/19/26 Printed 101 LINCOLN LIFE 3/20/26 480.00 131412 03/19/26 Printed 260 MALLORY SAFETY AND 6345257 87166 1,367.61 SUPPLY LLC 131413 03/19/26 Printed 240 METTLER-TOLEDO, INC. 850252180 87159 705.64 131414 03/19/26 Printed 9011 MICHAEL BEDOYO JR 9968-3051/498 TRESHILL #217 225.20 Page 5 of 158 [PAGE 6] Check Register Report Date: 03/25/2026 Time: 10:45 am CITY OF IMPERIAL BANK: US BANK Page: 2 Check Check Status Void/Stop Reconcile Vendor Vendor Name Check Description Amount Number Date Date Date Number US BANK Checks 131415 03/19/26 Printed 1190 MISSIONSQUARE - 304257 3/20/26 451.40 131416 03/19/26 Printed 8669 NAPA AUTO PARTS 572761 86739 312.06 131417 03/19/26 Printed 8633 NC CHILD SUPPORT 3/20/26 264.00 CENTRALIZED 131418 03/19/26 Printed 1301 NRPA 380823- LOPEZ 2026 86940 378.00 131419 03/19/26 Printed 4481 O'REILLY 2687-200024 86916 20.52 131420 03/19/26 Printed 079 ONE SOURCE DISTRIBUTORS S008216600.01 86926 804.05 131421 03/19/26 Printed 4482 OPENGOV, INC. INV24965 86738 24,400.00 131422 03/19/26 Printed 2761 PAUL HAMBY 9956-0080/310 N H 109.95 131423 03/19/26 Printed 4562 PET WASTE ELIMINATOR 43498446 86944 344.80 131424 03/19/26 Printed 084 PITNEY BOWES BANK INS 8000-9000-0466-5836 3/16/26 86964 401.00 131425 03/19/26 Printed 3179 PITNEY BOWES GLOBAL 3107754915 86965 59.93 FINANCIAL 131426 03/19/26 Printed 8913 PRECISION CONCRETE 26-0011 87162 107,505.75 CUTTING 131427 03/19/26 Reconciled 03/23/26 6710 PREMIER RENTALS BBB 3/21/26 86939 1,903.65 131428 03/19/26 Printed 3897 QT SANITATION 3433 86938 1,861.00 131429 03/19/26 Printed 3843 RETURN TO WORK 29874 87115 760.00 PARTNERS INC 131430 03/19/26 Printed 957 SC FUELS IN-0000294724 87153 4,345.77 131431 03/19/26 Printed 8501 SDCLEEAA 26-13 86868 12,600.00 131432 03/19/26 Printed 8949 SEWERAI CORP 2026-218 87160 3,643.20 131433 03/19/26 Printed 3262 SIMNSA HEALTH PLAN 148860 APRIL 86967 11,011.10 131434 03/19/26 Printed 6416 SUN DATA SUPPLY INV0308836 86968 310.52 131435 03/19/26 Printed 1265 SUPERIOR READY MIX 2603-126845 87168 1,639.64 CONCRETE LP 131436 03/19/26 Printed 9012 SUSAN K PELLETIER 9314-1139/204 FONZIE 242.99 131437 03/19/26 Printed 7540 TEAM RAMCO, LLC 15124-1 86866 2,212.08 131438 03/19/26 Printed 104 TEAMSTERS, LOCAL 542 3/20/26 2,132.00 131439 03/19/26 Printed 7443 TEXAS LIFE INSURANCE 3/20/26 1,213.12 COMPANY 131440 03/19/26 Printed 1239 THE SHERWIN-WILLIAMS CO. 3879-0 86945 352.12 131441 03/19/26 Printed 1100 USA BLUEBOOK SC46463 87151 5,930.64 131444 03/19/26 Printed 615 VALLEY PEST SERVICES, INC 14359966 1,515.00 131445 03/19/26 Printed 8559 ZENON ENVIRONMENTAL 903635091 87161 20,241.92 CORP Total Checks: 73 Checks Total (excluding void checks): 773,599.07 Total Payments: 73 Bank Total (excluding void checks): 773,599.07 Total Payments: 73 Grand Total (excluding void checks): 773,599.07 Page 6 of 158 [PAGE 7] Imperial Citv Council Id u Obeso-Murtinez - Muyor Stucy Mendoi.u - Muyor Pro-Tem Katherine Buntworth - Council Member Robert Antparatro - Courtcil Memher James Tucker - Council Menrber MINUTES Regular Meeting of the Imperial City Council '"1,3i#ff'1,[t1[.1"" hnperial, C A 9225 l -1631 March 4,2026 Closed Session at 06:00 pm Open Session at 07:00 pm 6:00 P.M. CLOSED SESSION The closed session meeting was called to order at 6: I 1 p'm. ROLL CALL: Council Members Amparano, Tucker, Mayor Pro Tem Mendoza, City Manager Morita, Assistant to the City Manager Garcia, City Attorney Turner. ABSENT: Mayor Obeso-Martinez PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: ThETE WETE NONE. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code $54es6.e(dx1).) i. City of Imperial vs. Imperial Valley Computer Manufacturing LLC, et al, Imperial County Superior Court Case No 8CU004457 ii. Imperial Valley Manufacturing, LLC vs. City of Imperial, United States District Court for the Southem District of Califomia Case No 26CV128 JLS BJW. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Gov. Code $54956.9(dX2)) - 1 Potential Case CONFERENCE WITH LABOR NEGOTIATORS G.C. 554957.6 Agency Representatives: City Manager Employee Organization: Imperial Police Officers Association, Teamsters Local 542 & Employee Organization Management Supervisory, Professional, Confidential, and Police Captain/Unrepresented puBl,rc EMPLOYMENT G.C.Ss49s7(bX1) Title: City Attomey Page I of4 City of Imperial Council Minutes March 4,2026 Page 7 of 158 [PAGE 8] 7:00 P.M. REGULAR MEETING CALL TO ORDER: Mayor Pro Tem Mendoza called the meeting to order at7:28 p.m. CALL: ROLL Council Members Amparano, Burnworth, Tucker, and Mayor Pro Tem Mendoza. ABSENT: Mayor Obeso-Martinez PLEDGE OF ALLEGIANCE: Kristina Shields led the Pledge of Allegiance. ADJUSTMENTS TO THE AGENDA: There were none. CITY ATTORNEY REPORT ON CLOSED SESSION: The City Attorney, Turner, stated that the Council was given directions on Existing Litigation with no action. There was no discussion for Anticipated Litigation. Directions were given to Labor Negotiators. PUBLIC COMMENT: Andrew Rauch was present and commented on CFDs A. CONSENT AGENDA: A-1. Approval of Warrants Report. A-2. Authorization to return claim CJP 3056049 AWV as recommended by Athens. A-3. Authorization to reject claim CJP 30550J7 as recommended by Athens. A-4. Approve a revision to adopted Resolution No. 2026-07 approving the Q1 Budget Update. A-5. Approve the FY 2025 Stonegarden Memorandum of Understanding. Moved by Burnwortho seconded by Tucker, to approve the Consent Agenda. AYES: Amparano, Burnworth, Tucker, Mendoza NOES: None ABSTAIN: None ABSENT: Obeso-Martinez MOTION CARRIES: 4-0 B. PUBLIC HEARING (DISCUSSION/ACTION): B-1. Continued public hearing of the City Council to discuss the vacation of the public right-of-way portion of O Street between 2nd Street and 3d Street, as recommended by the Planning Commission. Mayor Pro Tern Mendoza continued the public hearing at 7:36 p.m. Othon Mora, Community Development Director, updated the council on the staff report. Andrew Rauch was present to comment on the public hearing. Mayor Pro Tem Mendoza closed the public hearing at7:39 p.m. Presenter: Othon Mora, Community Development Director Page 2 of4 City of Imperial Council Mituttes March 4,2026 Page 8 of 158 [PAGE 9] Recommendation: Adopt Resolution No. 2026-04, RESOLUTION APPROVING THE VACATION OF THE PUBLIC RIGHT-OF-WAY PORTION OF O STREET BETWEEN 2ND STREET AND 3RD STREET WITHIN THE CITY OF IMPERIAL. Moved by Burnworth, seconded by Tucker, to approve Resolution No. 2026-04. AYES: Amparano, Burnworth, Tucker, Mendoza NOES: None ABSTAIN: None ABSENT: Obeso-Martinez MOTION CARRIES: 4-0 c. ACTTON ITEMS (DISCUSSION/ACTION): C-1. Approve a Task Order for On-Call Engineering Services for the Aten Boulevard Rehabilitation Project. Presenter: Othon Mora, Community Development Director Recommendation: Approve a Task Order for On-Call Engineering Services for the Aten Boulevard Rehabilitation Project to TYPSA,Inc. (Aztec Engineering) Moved by Tucker, seconded by Burnworth, to approve a Task Order for On-Call Engineering Services for the Aten Boulevard Rehabilitation Project to TYPSA, Inc. (Aztec Engineering). AYES: Amparano, Burnworth, Tucker, Mendoza NOES: None ABSTAIN: None ABSENT: Obeso-Martinez MOTION CARRIES: 4-0 C-2. Authorize staff to solicit proposals for the Imperial Regional Park Development Project. Presenter: Tony Lopez, Parks & Recreation Director Recommendation: Authorize staff to release a Request for Proposals (RFP 2026-02) for the Imperial Regional Park Development Project. Moved by Burnworth, seconded by Tucker, to table this item until the next meeting on March 19,2026. AYES: Amparano, Burnworth, Tucker, Mendoza NOES: None ABSTAIN: None ABSENT: Obeso-Martinez MOTION CARRIES: 4-0 C-3. Authorize staff to solicit proposals for City Attorney Professional Services for the City of Imperial. Presenter: Kristen Smith, Human Resources Director Recommendation: Authorize staff to release a Request for Proposals (RFP 2026-01) for City Attorney Professional S ervices. Page 3 of4 r;::! C i ty of I m p e r i a, r ry:yrf, Page 9 of 158 [PAGE 10] Moved by Tucker, seconded by Burnworth, to authorize staff to release a Request for Proposals (RFP 2026-01) for City Attorney Professional Services. AYES: Amparano, Burnworth, Tucker, Mendoza NOES: None ABSTAIN: None ABSENT: Obeso-Martinez MOTION CARRIES: 4-0 D. REPORTS: meeting and upcoming events. ADJOURNMENT: Mayor Pro Tem Mendoza ended the meeting at 8:11 p.m. The next regular meeting for the Imperial City Council will be on Wednesday, April 1,2026. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Imperial, California, This l't day of April2026. KRISTINA SHIELDS, City Clerk Page 4 of4 City of Imperial Council Minutes March 4,2026 Page 10 of 158 [PAGE 11] B.3. City Council STAFF REPORT Document ID: 2026-109 Category: Consent Item Department: Police Department Head: Aaron Reel, Police Chief Meeting Date: April 1, 2026 SUBJECT: AUTHORIZE THE IMPERIAL POLICE DEPARTMENT TO DESTROY RECORDS RETAINED PAST THE RETENTION PERIOD. BACKGROUND: The Imperial Police Department maintains records in accordance with an established Records Retention Schedule, which complies with California Government Code Sections 34090 et seq. These statutes authorize the legislative body of a city to destroy records that are no longer required, provided that such destruction is done in accordance with an approved retention schedule and with the approval of the City Council. Over time, the Imperial Police Department has accumulated a substantial volume of records that have exceeded their required retention periods. These records include administrative, financial, and operational documents generated between 1979 and 2014. Maintaining these records beyond their retention periods results in unnecessary use of storage space and increased administrative burden. FISCAL IMPACT: None REQUESTED ACTION: Request to authorize destruction of attached reports. CITY MANAGER RECOMMENDATION: Approve recommended action. Attachments: Page 11 of 158 [PAGE 12] B.3. 1. 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City Council STAFF REPORT Document ID: 2026-111 Category: Consent Item Department: City Clerk's Office Department Head: Dennis H. Morita, City Manager Meeting Date: April 1, 2026 SUBJECT: CONFIRM TERMS TO BE SERVED BY THE NEWLY APPOINTED MEMBERS OF THE LIBRARY BOARD OF TRUSTEES. BACKGROUND: At the regular City Council meeting on March 18, 2026, the City Council appointed Madeline George and Susan Zarate-Sandoval to the Library Board of Trustees to fill one expired term and one unexpired term. This agenda item formally confirms the specific term each appointee will serve. FISCAL IMPACT: None REQUESTED ACTION: Appoint Madeline George to serve the expired term ending on June 30, 2028, and appoint Susan Zarate-Sandoval to serve the unexpired term ending on June 30, 2027. CITY MANAGER RECOMMENDATION: Approve the recommended terms. Attachments: Page 105 of 158 [PAGE 106] C.1. City Council STAFF REPORT Document ID: 2026-101 Category: Resolution Department: Community Development Department Head: Othon Mora, Community Development Director Meeting Date: April 1, 2026 SUBJECT: PUBLIC HEARING FOR THE PURPOSE OF VACATING A PUBLIC RIGHT-OF-WAY PORTION OF IMPERIAL AVENUE BETWEEN 1ST STREET AND STATE HIGHWAY 86 AND ADOPTING RESOLUTION NO. 2026-11 APPROVING THE INTENT TO VACATE. BACKGROUND: In 2016, the State of California relinquished all sections of State Highway 86 (SR 86) intersecting the City of Imperial to the City. This relinquishment enabled the city to begin developing a lively commercial corridor aimed at promoting economic growth. Since then, the city has actively worked toward this goal and has added commercial businesses along SR 86. The proposed right-of-way vacation of the section of Imperial Avenue between 1st Street and SR 86 will support the future planning goals outlined in the City of Imperial Land Use Element by creating a valuable parcel for economic development. The current improvements along SR 86 and the redeveloped right of way segment proposed to be vacated will not only enhance the overall look of the SR 86 corridor but also serve as an economic development catalyst, influencing how commercial businesses view, use, and invest in our city. The Development Review Committee evaluated the project and concluded that the proposed vacation would not adversely affect local streets’ connectivity, traffic circulation, or emergency access. The vacation will optimize land use by removing an unused public right-of-way segment, which, when redeveloped, will align with the long- term land use and circulation strategies outlined in the General Plan. The Imperial Planning Commission approved Resolution PC2026-03 on March 11, 2026, confirming the vacation’s conformance with the General Plan and recommending final approval to the City Council. DISCUSSION / ANALYSIS California Government Code Section 65402 requires that any acquisition, disposition, or public construction of real property by a governmental entity must be reviewed for Page 106 of 158 [PAGE 107] C.1. consistency with the adopted General Plan. The proposed vacation of the portion of Imperial Avenue between 1st Street and State Highway 86 has been reviewed and found consistent with the City’s General Plan policies for the Central Downtown Character Area. The Central Downtown Character Area is intended to serve as the City's civic, social, and commercial center. It encourages a mix of uses that contribute to the area’s vitality, including retail, restaurants, cultural destinations, and higher-density residential development. While no specific zoning designation has been assigned to this parcel at this time, the site’s location and size make it suitable for uses compatible with the Central Downtown Character Area, including residential and accessory commercial activities that directly support the primary use. Environmental Compliance The project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15305 (Class 5) – Minor Alterations in Land Use Limitations. Public Notification The public hearing scheduled for April 1, 2026, was duly noticed in the IV Weekly, a newspaper of general circulation, on March 19, 2026. A Notice of Public Hearing was sent to all property owners within 300 feet of the properties and posted at the project site. FISCAL IMPACT: The proposed right-of-way vacation of Imperial Avenue between 1st Street and SR 86 will support the future planning goals outlined in the City of Imperial Land Use Element by creating a valuable parcel for economic development. REQUESTED ACTION: Approve Resolution 2026-11, A RESOLUTION OF INTENTION TO VACATE A PUBLIC RIGHT-OF-WAY. CITY MANAGER RECOMMENDATION: Approve recommended action. Attachments: 1. Project Location Map 2. DRAFT CC Resolution 2026-11 Page 107 of 158 [PAGE 108] 1'' = 408 ft 02/19/2026 This map may represent a visual display of related geographic information. Data provided here is not a guarantee of actual field conditions. To ensure complete accuracy, please contact the responsible staff for the moPst uap-gto-eda te1 in0fo8rm aotiofn .158 [PAGE 109] RESOLUTION NO 2026-11 RESOLUTION OF INTENTION TO VACATE A PUBLIC RIGHT-OF-WAY WHEREAS, the City Council of the City of Imperial hereby declares its intention to vacate a portion of a right-of-way along Imperial Avenue between 1st Street and State Highway 86; and WHEREAS, the right-of-way portion intended to be vacated measures approximately 7,841 square feet as described in Exhibit A and shown in Exhibit B; and WHEREAS, the instant vacation proceeding is being conducted in accordance with Chapter 3, Part 3, Division 9 of the California Streets and Highways Code (Sec. 8320 et seq); and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The City Council of the City of Imperial proposes to vacate that portion of the right- of-way described herein in Exhibit A and Exhibit B. 2. A Public Hearing will be held at the City Council Chambers, 200 West 9th Street, Imperial Avenue, Imperial, CA, on April 1, 2026, at 7:00 p.m. or as soon thereafter as the matter can be heard. 3. This Resolution shall be published in accordance with Streets and Highways Code Section 8322, and notice shall be given in accordance with Streets and Highways Code Section 8323. PASSED, APPROVED, AND ADOPTED this 1st day of April 2026. __________________________________ Ida Obeso-Martinez, Mayor ATTEST: ___________________________ Kristina Shields City Clerk Page 109 of 158 [PAGE 110] EXHIBIT "A" ABANDONMENT LEGAL DESCRIPTION THOSE PORTIONS OF LOTS 1 THROUGH 11 IN BLOCK 16 OF THE SUBDIVISION OF BLOCK 1 SAN DIEGO ADDITION OF THE CITY OF IMPERIAL, ACCORDING TO MAP NO. 89 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, A COPY OF SAID MAP ALSO BEING ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF IMPERIAL COUNTY, STATE OF CALIFORNIA, ALSO THAT PORTION RELINQUISHED TO THE CITY OF IMPERIAL BY C.H.C. RESOLUTION DATED JANUARY 27, 1949, RECORDED FEBRUARY 19, 1949 (OR 738:273), IN THE OFFICE OF THE COUNTY RECORDER OF IMPERIAL COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOW: COMMENCING AT A THE SOUTHWEST CORNER OF BLOCK 148 OF THE TOWNSITE OF IMPERIAL, COUNTY OF IMPERIAL, ACCORDING TO MAP No. 883 (O.M. 1-6) ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, A COPY OF SAID MAP ALSO BEING ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF IMPERIAL COUNTY; THENCE SOUTH 00°00'29" EAST 80.00 FEET ALONG THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID BLOCK 148 TO A POINT ON THE SOUTH LINE OF FIRST STREET, ALSO BEING THE TRUE POINT OF BEGINNING (T.P.O.B.); THENCE CONTINUING SOUTH 00°00'29" EAST 257.79 FEET ALONG THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID BLOCK 148 TO THE STATE HIGHWAY 86 (BEING RELINQUISHED TO THE CITY OF IMPERIAL PER DOCUMENT No. 2017000521, RECORDED JANUARY 10, 2017, O.R.) RIGHT OF WAY LINE PER RIGHT OF WAY MAP XI-IMP-86-PM10.1 SHEET 3 OF 8, SAID POINT BEING ALSO ON THE SOUTH LINE OF THE RELINQUISHED AREA TO CITY OF IMPERIAL BY C.H.C. RESOLUTION DATED 1-27-1949 RECORDED FEBRUARY 19, 1949, O.R. 738:273; THENCE NORTH 89°59'30" EAST 9.99 FEET ALONG SAID STATE HIGHWAY 86 (BEING RELINQUISHED TO THE CITY OF IMPERIAL PER SAID DOCUMENT) RIGHT OF WAY LINE PER SAID RIGHT OF WAY MAP, ALSO BEING THE SOUTH LINE OF THE RELINQUISHED AREA TO THE CITY OF IMPERIAL PER SAID RESOLUTION TO THE ANGLE POINT OF SAID HIGHWAY 86 (BEING RELINQUISHED TO THE CITY OF IMPERIAL PER SAID DOCUMENT) RIGHT OF WAY LINE PER SAID RIGHT OF WAY MAP, SAID POINT BEING 60.00 FEET FROM THE CENTERLINE OF STATE HIGHWAY 86 (BEING RELINQUISHED TO THE CITY OF IMPERIAL PER SAID DOCUMENT) OF SAID RIGHT OF WAY MAP; THENCE NORTH 08°59'59" EAST 260.99 FEET ALONG SAID STATE HIGHWAY 86 (BEING RELINQUISHED TO THE CITY OF IMPERIAL PER SAID DOCUMENT) RIGHT OF WAY LINE PER SAID RIGHT OF WAY MAP TO A POINT ON THE SOUTH LINE OF FIRST STREET; THENCE LEAVING SAID STATE HIGHWAY 86 (BEING RELINQUISHED TO THE CITY OF IMPERIAL PER SAID DOCUMENT) RIGHT OF WAY LINE NORTH 89°59'30" WEST 50.85 FEET ALONG THE SOUTH LINE OF FIRST STREET TO THE TRUE POINT OF BEGINNING (T.P.O.B.); THE ABOVE-DESCRIBED PARCEL CONTAINS 7,841.30 SQUARE FEET, MORE OR LESS. SUBJECT TO ALL COVENANTS, EASEMENTS AND AGREEMENTS OF RECORD. AS SHOWN ON EXHIBIT “B”, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION OF LAND WAS PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT. PRELIMINARY __________________________________________ DAVID BELTRAN, PLS 8482 DATE FOR REVIEW ONLY Page 110 of 158 [PAGE 111] N N89°59'30"E 9.99' SCALE 1": 60' '97.752 E"92'00°00S S.W. CORNER BLOCK 148 (O.M. 1-6) F1 EASTERLY EXTENSION OF O. 0 FIRST STREET N89°59'30"W H T M 1 50.85' GP R I6 - 8 6 - P 8 M YI A- WX I HP GA IM H R EE TP A 9' S T A Y 9 W . 0 6 2 E " 9 5 9' 5 ° 8 0 N STATE HIGHWAY 86 RIGHT OF WAY PER MAP XI-IMP-86-PM10.1 EUNEVA LAIREPMI 80.00' 1st STREET 6 SOUTHERLY EXTENSION OF 8 THE WEST LINE OF BLOCK 148 Y W H E T A T S '00.08 100.00' E"92'00°00S '00.08 EXHIBIT "B" ABANDONMENT WEST LINE OF BLOCK 148 T.P.O.B. FOR REVIEW ONLY E N I L1 R. E0 T1 NM SOUTH LINE OF RELINQUISHED EP C- 6 AREA TO CITY OF IMPERIAL BY 6 8 8- C.H.C. RESOLUTION DATED P YM JANUARY 27, 1949, RECORDED AI W- I FEBRUARY 19, 1949 (OR 738:273) HX GP IA HM E R TE AP T LEGEND: 60.00' S NOTE: HIGHWAY 86 BEING RELINQUISHED TO THE CITY OF IMPERIAL PER DOCUMENT NO. 2017000521, RECORDED JANUARY 10, 2017, O.R Page 111 of 158 [PAGE 112] D.1. City Council STAFF REPORT Document ID: 2026-106 Category: Resolution Department: Community Development Department Head: Othon Mora, Community Development Director Meeting Date: April 1, 2026 SUBJECT: ESTABLISHING A POLICY FOR THE PROCESSING OF SPECIFIC RESIDENTIAL DEVELOPMENT PROJECTS CONSISTENT WITH GOVERNMENT CODE SECTION 65583.2 BACKGROUND: The City of Imperial adopted its 6th Cycle Housing Element (2021-2029), which was found to be in substantial compliance with State Housing Element Law by the California Department of Housing and Community Development (HCD) on February 2, 2022. As part of the adopted Housing Element, the City committed to implementing Program 13, which requires the City to allow by-right approval for certain housing developments on sites previously identified in prior Housing Element inventories. The purpose of this program is to facilitate the development of housing that addresses the City’s Regional Housing Needs Allocation (RHNA), particularly housing for lower income households. Program 13 requires the City to rezone or amend the Zoning Code to allow by-right approval for housing developments proposed on: • Non-vacant sites included in one previous Housing Element inventory, and • Vacant sites included in two previous Housing Element inventories, provided that the development includes at least 20 percent lower income affordable housing units. State law requires these actions to be completed within specific statutory timelines to maintain Housing FISCAL IMPACT: No Impact REQUESTED ACTION: Staff Recommends Approval of Resolution No 2026-08, A RESOLUTION OF CITY Page 112 of 158 [PAGE 113] D.1. COUNCIL OF THE CITY OF IMPERIAL, ESTABLISHING A POLICY FOR THE PROCESSING OF SPECIFIC RESIDENTIAL DEVELOPMENT PROJECTS CONSISTENT WITH GOVERNMENT CODE SECTION 65583.2 CITY MANAGER RECOMMENDATION: Approve recommended action. Attachments: 1. Resolution 2026-08 Residential Development Policy Page 113 of 158 [PAGE 114] RESOLUTION NO. 2026-08 A RESOLUTION OF CITY COUNCIL OF THE CITY OF IMPERIAL, ESTABLISHING A POLICY FOR THE PROCESSING OF SPECIFIC RESIDENTIAL DEVELOPMENT PROJECTS CONSISTENT WITH GOVERNMENT CODE SECTION 65583.2 WHEREAS, the City of Imperial adopted its 6th Cycle Housing Element for the planning period of 2021–2029, which was found to be in substantial compliance with California Housing Element Law by the California Department of Housing and Community Development (HCD) on February 2, 2022; and WHEREAS, the Housing Element identifies programs and policies intended to facilitate the development of housing opportunities for all income levels and to address the City’s Regional Housing Needs Allocation (RHNA); and WHEREAS, Program 13 of the City of Imperial Housing Element requires the City to amend its Zoning Code to allow by-right approval of qualifying housing developments on certain sites identified in prior Housing Element site inventories in order to accommodate lower income housing needs; and WHEREAS, Program 13 specifically requires that the City rezone or amend its Zoning Code to allow by-right approval for housing developments proposed on non-vacant sites included in one previous Housing Element inventory and vacant sites included in two previous Housing Elements, provided that the development includes at least twenty percent (20%) lower income affordable housing units; and WHEREAS, California Government Code Section 65583.2 requires jurisdictions to allow certain residential developments to be processed through a by-right approval process when the development includes a minimum percentage of affordable housing units and is located on sites identified to accommodate lower income RHNA; and WHEREAS, implementing Program 13 and allowing by-right approval of qualifying housing developments will help streamline the housing entitlement process, reduce regulatory barriers, and support the production of affordable housing consistent with state housing laws; and WHEREAS, failure to implement Program 13 and associated rezoning actions may result in the City’s Housing Element being found out of compliance with state law and may subject the City to consequences including loss of certain state funding opportunities and potential enforcement actions by the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial grants as follows: A) That the foregoing recitations are true and correct; and Page 114 of 158 [PAGE 115] B) The City Council finds that this Resolution is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15060(c)(2) and 15061(b)(3) because it will not result in a direct or reasonably foreseeable physical change in the environment; and the activities is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. C) The City Council hereby directs City staff to allow projects with at least 20 percent or more units affordable to lower income individuals through a by-right process per, Government Code Section 65583.2, Subdivisions (c), (h), and (i), as referenced in the City of Imperial 2021-2029 Housing Element which identifies sites to accommodate the lower income RHNA. For this purpose, "by-right" means that the City shall not require a Conditional Use Permit, Planned Unit Development Permit, or other discretionary review or approval that would constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code; and D) The City Attorney is authorized to make minor typographical changes to this Resolution that do not change the substance of this Resolution. PASSED, ADOPTED AND APPROVED by the City Council of the City of Imperial, this 1st day of April 2026. _______________________________________ Ida Obeso-Martinez Mayor ATTEST: Kristina Shields City Clerk Page 115 of 158 [PAGE 116] D.2. City Council STAFF REPORT Document ID: 2026-107 Category: Action Item Department: Community Development Department Head: Othon Mora, Community Development Director Meeting Date: April 1, 2026 SUBJECT: MONTERREY PARK SUBDIVISION NO.2, UNIT 4C - PHASES 62-67 Lots 484 to 493 per FM 28/60 Lots 512 to 521 per FM 28/60 Lots 550 to 568 per FM 28/60 1. Approval and Acceptance of Off-Site Street Improvements. 2. Authorize Partial Reconveyance to Jupiter Ventures I, LP. BACKGROUND: City Staff conducted regular field inspections during the construction of the off-site street improvements for Monterrey Park Subdivision No.2, Unit 4C - Phases 62-67 and a final walk through was completed on Friday, May 23, 2025. At this time, the improvements were found to be completed. One Year Warranty for labor and materials will end on May 23, 2026. Now, the Developer is requesting Partial Reconveyance of the above-referenced Lots. See FM 28-60 attached herewith with Exhibit B for details. FISCAL IMPACT: No Fiscal Impact REQUESTED ACTION: 1. Staff recommends approval and acceptance of off-site street improvements of Monterrey Park Subdivision No.2 Unit 4C - Phases 62-67. 2. Staff recommends authorization of Partial Reconveyance regarding Lots 484 to 493 per FM 28-60, Lots 512 to 521 per FM 28-60, and Lots 550 to 568 per FM 28-60 to Jupiter Ventures I, LP. CITY MANAGER RECOMMENDATION: Page 116 of 158 [PAGE 117] D.2. Approve recommended action. Attachments: 1. MP Sub 2 Unit 4C_Partial Reconveyance_Phases 62-67_Exhibit-B Page 117 of 158 [PAGE 118] RECORDING REQUESTED BY: First American Title Company-HSD AND WHEN RECORDED MAIL DOCUMENT TO: Jupiter Ventures I, LP 32823 Temecula Pkwy, Ste A Temecula, CA 92592 Space Above This Line for Recorder’s Use Only A.P.N.: File No.: VDV-A (KS) SUBSTITUTION OF TRUSTEE AND DEED OF PARTIAL RECONVEYANCE The undersigned, The City of Imperial, California, as the owner and holder of the Note secured by that certain Deed of Trust dated May 30, 2023, made by Jupiter Ventures I, LP, as Trustor to First American Title, a California corporation as trustee for The City of Imperial, California, as beneficiary, which Deed of Trust was recorded on July 31, 2023, as Instrument No. 2023011799 of Official Records in the Office of the County Recorder of Imperial, California, hereby substitutes itself, The City of Imperial, California, as Trustee in place of the current Trustee thereunder. The City of Imperial hereby accepts said appointment as trustee under the above Deed of Trust, and as successor Trustee, and pursuant to the request of said owner and holder and in accordance with the provisions of said Deed of Trust, DOES HEREBY PARTIALLY RECONVEY, WITHOUT WARRANTY, TO THE PERSON OR PERSONS LEGALLY ENTITLED THERETO, the estate as shown on Exhibit "A" attached hereto and made a part hereof, now held by it under said Deed of Trust. The remaining property described in said Deed of Trust shall continue to be held by said Trustee under the terms thereof as provided in said Deed of Trust. This Partial Reconveyance is made without affecting the personal liability of any person or any entity for the payment of the indebtedness mentioned as secured thereby or the unpaid portion thereof, nor shall it affect any rights or obligations of any of the parties of said Deed of Trust as to the remaining property. IN WITNESS WHEREOF The City of Imperial, California , as the owner and holder of the above described Note and beneficial interest, and as Successor Trustee, has caused this instrument to be executed, as to each respective interest. Dated: _____________________________________ Beneficiary and Substituted Trustee: The City of Imperial By: __________________________________________ Name: Title: Page 118 of 158 [PAGE 119] A.P.N.: Partial Reconveyance - continued File No.: VDV-A (KS) Date: March 11, 2026 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 )SS COUNTY OF ) On before me, , 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. This area for official notarial seal. Notary Signature Page 119 of 158 [PAGE 120] A.P.N.: Partial Reconveyance - continued File No.: VDV-A (KS) Date: March 11, 2026 Page 120 of 158 [PAGE 121] Exhibit "A" Legal Description Real property in the City of Imperial, County of Imperial, State of California, described as follows: Lot 484-493, 512-521 and 550-568 of MONTERREY PARK SUBDIVISION NO. 2 – UNIT 4C, in the City of Imperial, County of Imperial, State of California, according to Map on file in Book 28, Page 60 through 62 of Final Maps, in the Office of the County Recorder of Imperial County. APN: Page 121 of 158 [PAGE 122] Page 122 of 158 [PAGE 123] Page 123 of 158 [PAGE 124] Page 124 of 158 [PAGE 125] D.3. City Council STAFF REPORT Document ID: 2026-108 Category: Action Item Department: Public Services Department Head: Jenell Guerrero, Interim Public Services Director Meeting Date: April 1, 2026 SUBJECT: APPROVE GRID 2 SIDEWALK SURVEY PROPOSAL FROM PRECISION CONCRETE CUTTING BACKGROUND: On April 2, 2025, the City Council approved and adopted the Sidewalk Inspection and Maintenance Program, which divided the City into five grids, with one grid scheduled for inspection each year beginning with Grid 1. Grid 1 has been completed, including all data collection and the repair of eligible locations in accordance with the program and approved agreements. While the adopted program anticipated completing one grid per year, staff is requesting that the City Council approve data collection for Grid 2 during the current fiscal year (FY 25-26). The scope of work for Grid 2 data collection will remain consistent with prior efforts and will include a Survey of Path of Travel and Curb Trip Hazards, at a cost of $13,529.59. Repair services for Grid 2 would be scheduled for the following fiscal year (FY 26-27), if approved by the City Council, and a separate item will be brought forward for Council consideration before proceeding with those services. FISCAL IMPACT: Streets Budget: 01-320-5210 $13,529.59 REQUESTED ACTION: Approve Grid 2 Sidewalk Survey Proposal from Precision Concrete Cutting. CITY MANAGER RECOMMENDATION: Page 125 of 158 [PAGE 126] D.3. Approve recommended action. Attachments: 1. Sidewalk Survey Proposal - City of Imperial Grid 2 2. Sidewalk Grids-Model Page 126 of 158 [PAGE 127] Sidewalk Survey Proposal City of Imperial (Grid 2) The information in this summary and proposal is confidential and proprietary. This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances. Page 127 of 158 1 [PAGE 128] Services and Responsibilities 1. The City of Imperial shall provide maps of specified areas to Precision Concrete Cutting. 2. Precision Concrete Cutting shall inspect public right-of-ways designated on the maps. 3. Precision Concrete Cutting shall use current ADA standards and Member standards in determining tripping hazards. These hazards shall include, but not be limited to: a) Differential displacement between sidewalk sections 3/8 inch or greater b) Spall surfaces, holes in surfaces, and cracks above 1 inch wide or greater c) Deteriorated joints that have an eroded condition and are 1/2 inch wide or greater 4. Precision Concrete Cutting shall record location of damaged sections in a GPS device. 5. Data entered into the GPS device shall be provided in writing to the The City of Imperial. 6. Precision Concrete Cutting shall provide written inspection report that shall include, but not be limited to: a. Identification and description of each problem condition b. Physical address and location including GPS location data c. Size of the hazards in height, length, and square foot d. Probable cause of the hazard, if evident e. Pictures of damaged areas f. Priority for repair; high, medium, low g. Recommended action to be taken. 7. Precision Concrete Cutting shall report to the The City of Imperial the results of the inspection upon completion. Page 128 of 158 2 [PAGE 129] ITEM – Sidewalk Survey Breakdown The table below outlines the options available for the sidewalk survey. Our evaluation will focus on vertical displacements of 3/8 inch or greater to ensure compliance with ADA (Americans with Disabilities Act) standards and improve pedestrian safety throughout the community. Sidewalk Survey Options: • Path of Travel Only - Includes the assessment and GIS data collection of hazards that fall within the main path of travel. • Curb Locations - Includes the assessment and GIS data collection of hazards that fall within the main path of travel along with panels with vertical displacements located adjacent to or directly on the curb. Survey of Path of Travel and Curb Trip Hazards Survey Option # of Sidewalk Miles Cost per Sidewalk Price Mile Path Of Travel Only 18.125 $496.46 $8,998.34 Path of travel hazards within ADA standards Curb Locations 18.125 $250 $4,531.25 Added survey of trip hazards located adjacent to or directly on the curb. Total $13,529.59 Page 129 of 158 3 [PAGE 130] Customer assistance is requested for the following: • Notification to residents that Precision Concrete Cutting will be in the area performing sidewalk assessments. CLARIFICATIONS • Where bonds are necessary for a particular client/project, all bonding costs incurred by Precision Concrete Cutting will be forwarded to the client for full reimbursement. • In the event of inclement weather, there will be a temporary suspension of work to protect our employees or materials against any damage/injury from the weather conditions. • Project to be completed on weekdays. Client to ensure that work area will remain clear of foot traffic where possible. If weekend days are requested, additional fees will be applied. • Project will take time to complete. Your business representative will work with you in providing a start date, along with the full estimated time to complete work. WARRANTY Precision Concrete Cutting guarantees that all work is completed according to industry standards. We agree to correct, repair, or replace any of our work that proves to be defective in workmanship or material within a period of one year from the completion of the project without expense to the Owner, ordinary wear and tear and unusual abuse or neglect excepted Page 130 of 158 4 [PAGE 131] ______________________________________________________________________________ PRECISION CONCRETE CUTTING ____________________ CSLB# 925449 Date Parker Yocum, Business Manager Direct: 9517601945 parker@pcctriphazardremoval.com _______________________ Signature ________________ _______________________________________________________________ ACCEPTANCE OF PROPOSAL: The forgoing proposal is accepted and is intended to be a binding contract for the performance of the work identified herein. Additional Terms Apply. Project: City of Imperial (Grid 2) ____________________ TOTAL APPROVED CONTRACT PRICE Date Path of Travel and Curb Survey ______________________ $13,529.59 (NET 30) Signature In the event of inclement weather, there will be a temporary suspension of work to protect our employees or materials against any _____________________________ damage/injury from the weather conditions. (Please print name and title) Your business representative will work with you to reschedule on the next available work day. _______________________________________________________________________________ www.sandiegosidewalks.com Page 131 of 158 5 [PAGE 132] ADDITIONAL TERMS 1. Expiration of this Proposal. The offer to perform the work for the price and terms set forth in this Proposal and Contract is valid for ninety (90) days. After ninety (90) days, there may be an increase due to materials cost, which Precision Concrete Cutting has no control over. 2. Permits and Fees. This quotation excludes any permits, fees, bonds, engineering, or inspections. Any exclusionary costs will be carried over to the Client. 3. Limitations. The parties agree that Precision Concrete Cutting is not responsible for, and may not be held liable for any loss, expenses, delays, or consequential damages resulting from natural disasters, inclement weather, strikes, lockouts, boycotts, material shortages, material stolen from the work site, national emergency, civil unrest, government shutdowns, stay-at-home orders, pandemics, acts of God, or other factors and causes reasonably beyond the control of Precision Concrete Cutting. 4. Failure to Make Timely Payments. Full payment on invoices is due thirty (30) days after completion of the assessment, unless stated otherwise on the proposal. Unpaid balances will accrue interest at the rate of one and on-half percent (1.5%) per month until paid. Client will also pay contractor filing fees and court fees. It is the responsibility of the owner to review all completed work prior to invoice due date. Any disputes after the due date will only be addressed after payment has been made to Precision Concrete Cutting, and the issue to be addressed has been submitted to your account manager, in writing. A mechanics lien will be placed on all projects whose billing reaches and exceeds 70 days. 5. Complete Agreement. This Agreement is not a “standard form contract.” Each party has participated in the negotiations leading to this document. Any presumption that an ambiguity in this Agreement should be construed against the drafting party is hereby waived. These “additional terms” supersede any conflicting terms in any other documentation. 6. Warranty. One-year warranty on materials and workmanship NOTICE TO OWNER If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic’s lien leading to the loss, through court foreclosure proceeding, for all or part of your property being so improved will be placed against the property for any past due invoice that reaches and exceeds 70 days. Contractors are required by law to be licensed and regulated by the Contractors State License Board. Any questions concerning a contract may be referred to the registrar of the board whose address is: Contractor State License Board, 9835 Goethe Road, Sacramento, California 95826. Page 132 of 158 6 [PAGE 133] VICINITY MAP SIDEWALK 86 CALIPATRIA GRID INSPECTION 78 8 7 6 8 WESTMORLAND 115 115 SO UT R H A E IL R N R O P A A D CIFIC 111 86 78 SITE BRAWLEY 78 C O M P O R T LOCATION 115 P A N L A N 86 IM C P ITY E O R F IAL Y (P R D I V C A E T M E E N T IMPERIAL 111 HOLTVILLE ) RAIL ROAD SEELEY SAN DIEGO AND EASTERN EL CENTRO 115 86 HEBER 86 1-8 CALIFORNIA 111 CALEXICO 98 M E X I C O NO SCALE GRID 1 GRID 2 GRID 4 GRID 5 GRID 3 LEGEND: GRID 1 - FY 2025/26 GRID 2 - FY 2026/27 GRID 3 - FY 2027/28 EXISTING GRID 4 - FY 2028/29 1 SIDEWALK INSPECTION PROGRAM 1 GRID 5 - FY 2029/30 Page 133 of 158 [PAGE 134] D.4. City Council STAFF REPORT Document ID: 2026-110 Category: Action Item Department: Community Development Department Head: Othon Mora, Community Development Director Meeting Date: April 1, 2026 SUBJECT: 7TH STREET REHABILITATION & PEDESTRIAN IMPROVEMENTS FROM S. "D" STREET TO S. "E" STREET, LPPSB1-5134(029) 1. Approval of Balancing Change Order. 2. Acceptance of Work Completed. 3. Authorizing City Clerk to file Notice of Completion in the Imperial County Clerk/Recorder's Office. BACKGROUND: On May 8th, 2024, the Community Development Department was directed by City Council per Agenda Item C-3 to conduct a competitive BID process for the 7th St Rehabilitation & Pedestrian Improvements from S “D” Street to S “E” Street. Thereafter, City Council awarded a contract to Rove Engineering, INC. to complete the construction of said project per Agenda Item C-7. The project was funded through LPP SB-1 & LTA Measure “D” funds. The construction project was successfully completed on June 18th 2025. All work was completed per Approved Improvement Plans. Final quantities have been accounted for in the balancing change order attached herewith as Exhibit A for review and approval. FISCAL IMPACT: Original Contract Sum:...........................$275,100.86 Net Change by C.O.1:............................$5,330.60 Total Amount Billed (Incl. Retention):......$280,431.46 Contingency: 25% Page 134 of 158 [PAGE 135] D.4. Remaining Funds (Incl. Contingency):... $22,179.49 REQUESTED ACTION: Staff recommends approval of the balancing change order, acceptance of the work as completed, and authorization to file the "Notice of Completion" with the County Clerk/Recorder's Office. CITY MANAGER RECOMMENDATION: Approve recommended action. Attachments: 1. EXHIBIT A - Balancing Change Order 7th St Rehabilitation & Pedestrian Improvements from D st to E st 2. EXHIBIT B FINAL REPORT_BEFORE AND AFTER 3. EXHIBIT C - Notice of Completion_7th St Rehabilitation Project_BID NO. 2024-04 Page 135 of 158 [PAGE 136] EXHIBIT - A City of Imperial Community Development Department 420 South Imperial Avenue Imperial, CA 92251 Phone: (760) 355-1152 Fax: (760) 355-4718 CONSTRUCTION BALANCING CHANGE ORDER Distribution to: 02-12-2026 OWNER ENGINEER CONTRACTOR FIELD OTHER CHANGE ORDER NO. 1 PROJECT: City of Imperial 7th ST REHABILITATION & PEDESTRIAN IMPROVEMENTS FROM S. “D” STREET TO S. “E” STREET LPPSB1-5134(029) TO: ROVE Engineering, Inc. Francisco Duffy, Project Manager P.O. Box 2108, El Centro, CA 92243 Phone: (760) 425-0001 Contractor is directed to make the following change(s) to the original contract: 1) Balancing Change Order. See Exhibit “A” for details Change Order Amount =$5,330.60 Original Contract: $ 275,100.86 Change Order#1: $ 5,330.60 New Contract Amount: $ 280,431.46 Total Contract Increase = 1.94% Not valid until signed by both the Owner and the Contractor. Signature indicates his agreement herewith, including any adjustment in the contract sum or contract time. Page 1 of 2 Page 136 of 158 [PAGE 137] Authorized by: City of Imperial 420 South Imperial Avenue Imperial, CA 92251 By: Date: ______________________________ _________________ Dennis Morita City Manager ROVE Engineering, Inc. P.O. Box 2108, El Centro, CA 92243 Phone: (760) 425-0001 By: Date: ______________________________ _________________ Francisco Duffy Project Manager Page 2 of 2 Page 137 of 158 [PAGE 138] EXHIBIT “A” Page 138 of 158 [PAGE 139] EXHIBIT B BEFORE AND AFTER PHOTO 7TH ST FROM S. “D” STREET TO “E” STREET Before ` After 7th ST REHABILITATION & PEDESTRIAN IMPROVEMENTS FROM S. “D” STREET TO S. “E” STREET LPPSB1- 5134(029) Page 1 of 5 Page 139 of 158 [PAGE 140] EXHIBIT B BEFORE AND AFTER PHOTO 7TH ST FROM S. “D” STREET TO “E” STREET Before After 7th ST REHABILITATION & PEDESTRIAN IMPROVEMENTS FROM S. “D” STREET TO S. “E” STREET LPPSB1- 5134(029) Page 2 of 5 Page 140 of 158 [PAGE 141] EXHIBIT B BEFORE AND AFTER PHOTO 7TH ST FROM S. “D” STREET TO “E” STREET Before After 7th ST REHABILITATION & PEDESTRIAN IMPROVEMENTS FROM S. “D” STREET TO S. “E” STREET LPPSB1- 5134(029) Page 3 of 5 Page 141 of 158 [PAGE 142] EXHIBIT B BEFORE AND AFTER PHOTO 7TH ST FROM S. “D” STREET TO “E” STREET Before After 7th ST REHABILITATION & PEDESTRIAN IMPROVEMENTS FROM S. “D” STREET TO S. “E” STREET LPPSB1- 5134(029) Page 4 of 5 Page 142 of 158 [PAGE 143] EXHIBIT B BEFORE AND AFTER PHOTO 7TH ST FROM S. “D” STREET TO “E” STREET Before After 7th ST REHABILITATION & PEDESTRIAN IMPROVEMENTS FROM S. “D” STREET TO S. “E” STREET LPPSB1- 5134(029) Page 5 of 5 Page 143 of 158 [PAGE 144] RECORDING REQUESTED BY City of Imperial AND WHEN RECORDED MAIL TO Community Development Director City of Imperial__ 400 South Imperial Avenue, Suite 101 Imperial, CA 92251 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is OWNER of the interest stated below in the property hereinafter described. 2. The FULL NAME of the undersigned is City of Imperial 3. The FULL ADDRESS of the undersigned is 420 South Imperial Avenue, Imperial, CA 92251 4. The NATURE OF THE INTEREST of the undersigned is: In Fee 5. The FULL NAMES AND FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are: NAMES ADDRESSES 6. NONE 7. The full names and addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvement herein referred to: NAMES ADDRESSES NONE 8. A work of improvement on the property hereinafter described was COMPLETED on June 18, 2025 9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is ROVE Engineering, Inc. 10. The street address of said property is 7th Street from S. “D” Street to S. “E” Street. 11. The property on which said work of improvement was completed is in the City of Imperial, County of Imperial, State of California, and is described as follows: 7th Street Rehabilitation & Pedestrian Improvements from S. “D” Street to S. “E” Street. Date: April 1, 2026 Signature: Name and title: _Othon Mora, Community Development Director, City of Imperial VERIFICATION I, the undersigned, say: I am Othon Mora the Community Development Director of the City of Imperial, the owner of the aforesaid interest in the property described in the above notice; I have read the foregoing notice and know and understand the contents thereof, and the facts stated herein are true and correct. I declare under penalty of perjury that the foregoing is true and correct. Executed on April 1, 2026 at Imperial, California Signature, Othon Mora, Community Development Director, City of Imperial Page 144 of 158 [PAGE 145] D.5. City Council STAFF REPORT Document ID: 2026-119 Category: Resolution Department: City Manager's Office Department Head: Dennis H. Morita, City Manager Meeting Date: April 1, 2026 SUBJECT: APPROVAL OF RESOLUTION AUTHORIZING CITY MANAGER TO ENTER INTO PURCHASE AND SALE AGREEMENT TO SELL APN 063-054-038 (25,311.72 SQUARE FEET VACANT LAND) TO JMJ SOUTHWEST LIMITED LIABILITY COMPANY BACKGROUND: The City of Imperial was approach by Dr. Minerva Kelada to purchase a city-owned parcel of vacant land near the intersection of Highway 86 and West Belford Road (NW Quadrant). The proposed purchaser is a Limited Liability Company controlled (in part) by Dr. Minerva Kelada. Dr. Kelada (or entity controlled by her) also owns approximately 15 acres of land immediately adjacent to the subject property between West Belford Road and Neckel Road. The City of Imperial completed a “Broker’s Opinion of Value” through Johnson Commercial Real Estate (a commercial/industrial real estate broker headquartered in the Coachella Valley, but experienced in both Imperial County and the City of Imperial) and determined the vacant parcel is worth about $53,750 (approximately $2.12 per square foot). The attached Resolution approves a Purchase and Sale Agreement between the City of Imperial and JMJ SouthWest Limited Liability Company providing for the opening of escrow, completion of a due diligence period and sale terms. Staff is recommending the City Council approve Resolution 26-12, authorizing the City Manager to enter into a Purchase and Sale Agreement for APN 063-054-038 (approximately 25,311.72 square feet). FISCAL IMPACT: The City of Imperial will receive $53,750 as consideration for the acquisition of about 25,311.72 square feet of vacant land (APN 063-054-038) at such time the transaction is consummated. Page 145 of 158 [PAGE 146] D.5. REQUESTED ACTION: Staff recommends approval of a Purchase and Sale Agreement with JMJ SouthWest Limited Liability Company and adopt Resolution No. 2026-12, APPROVING THE SALE OF ASSESSOR’S PARCEL NUMBER 063-054-038 (APPROXIMATELY 25,311.72 SQUARE FEET OF VACANT LAND) AND AUTHORIZING CITY MANAGER AND/OR HIS DESIGNEE TO ENTER INTO A PURCHASE AND SALE AGREEMENT TO EFFECTUATE SAID SALE CITY MANAGER RECOMMENDATION: Approve recommended action. Attachments: 1. Resolution Authorizing Sale of APN 063-054-038 2. Purchase Sale Agreement with SouthWest Limited Liability Company 3. Legal Description & Parcel Map (Exhibit A) Page 146 of 158 [PAGE 147] RESOLUTION 2026-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL APPROVING THE SALE OF ASSESSOR’S PARCEL NUMBER 063-054-038 (APPROXIMATELY 25,311.72 SQUARE FEET OF VACANT LAND) AND AUTHORIZING CITY MANAGER AND/OR HIS DESIGNEE TO ENTER INTO A PURCHASE AND SALE AGREEMENT TO EFFECTUATE SAID SALE THE CITY COUNCIL OF THE CITY OF IMPERIAL DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City of Imperial desires to expand its local economy by bringing new businesses and expanding current businesses that serve the needs of residents and visitors alike, and, WHEREAS, JMJ SouthWest Limited Liability Company owns approximately fifteen (15) acres of land immediately adjacent to the subject property, and, WHEREAS, The City of Imperial has determined that the subject property (APN 053-054-038) is surplus land, and, WHEREAS, The City of Imperial had a licensed and experienced real estate broker complete a Broker’s Opinion of Value to determine a Fair Market Value/Price for the subject property, and, WHEREAS, JMJ SouthWest Limited Liability Company have agreed to the Fair Market Value/Price for the vacant property and desire to develop the subject property generating additional employment opportunities and tax revenue for the benefit of the community. NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF IMPERIAL HEREBY FIND, DETERMINE AND ORDER AS FOLLOWS: 1. The sale of approximately 25,311.72 square feet of vacant land nearer the NW quadrant of Highway 86 and West Belford Road will provide an opportunity for JMJ SouthWest Limited Liability Company to develop the land. 2. The City Manager is hereby authorized to enter into a Purchase and Sale Agreement to sell the subject parcel to JMJ SouthWest Limited Liability Company. 3. The City Manager is authorized and directed to take all actions necessary and convenient to implement the Purchase and Sale Agreement described in this Resolution. Further, the City Manager, in consultation with the City Attorney is hereby provided authority to make minor changes to the Purchase and Sale Agreement as to affect the overall objective of the transaction. 4. Certification. The City Clerk shall certify the adoption of this Resolution. 1 Page 147 of 158 [PAGE 148] PASSED, APPROVED AND ADOPTED by the City Council of the City of Imperial this 1st Day of April, 2026. ______________________ Ida Obeso-Martinez, Mayor ATTEST: ________________________________ Kristina Shields, City Clerk (SEAL) STATE OF CALIFORNIA COUNTY OF IMPERIAL CITY OF IMPERIAL I, Kristina Shields, City Clerk of the City of Imperial, do hereby certify that the forgoing Resolution 26-__ was duly and regularly adopted by the City Council of the City of Imperial at a meeting thereof held on the 1st day of April, 2026, by the following vote: AYES: NOES: ABSTAIN: ABSENT: _______________________ Kristina Shields, City Clerk 2 Page 148 of 158 [PAGE 149] PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (“Agreement”) is entered into as of the 1st day of April, 2026 (“Effective Date”) between CITY OF IMPERIAL (“Seller”) and JMJ SouthWest Limited Liability Company, or its assignee (“Buyer”). In consideration of the several promises and representations of the parties set forth below, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Property. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, Assessor’s Parcel Number 063-054-038, containing approximately 25,311.72 square feet (.58 of an acre) of land located at the northwest quadrant of Highway 86 (North Imperial Avenue) and West Belford Road in the City of Imperial, County of Imperial, State of California (the “Property”) and more particularly described in Exhibit “A” attached hereto, upon the terms and conditions set forth in this Agreement. 2. Financial Terms. A. Purchase Price. Purchase Price. The total “Purchase Price” shall be Fifty-Three Thousand Seven Hundred Fifty and No/100 Dollars ($53,750.00). B. Deposit. Within five (5) business days after the full execution and delivery of this Agreement, Buyer shall open an escrow account (“Opening of Escrow”) with the El Centro office of Stewart Title of California, Inc (“Escrow Holder”). Within five (5) business days of Opening of Escrow, Buyer shall deliver funds (the “Deposit”) in the amount of Five Thousand and No/100 Dollars ($5,000.00) to Escrow Holder. Until 5:00 p.m. Pacific time on the last day of the Site Investigation Period, the Deposit shall remain refundable to Buyer if the transaction contemplated by this Agreement is not consummated for any reason whatsoever, provided that all expenses related to cancellation of the escrow are paid by Buyer. Thereafter, the Deposit and all interest that is earned by said funds shall be credited against the Purchase Price at Close of Escrow or otherwise disbursed in accordance with the terms of this Agreement. C. Balance. The balance of the Purchase Price (after credit for the Deposit and interest accrued thereon) shall be paid by Buyer to Seller at the Close of Escrow, by cash, [title company or bank check, wire transfer or other customary means,] to an account designated by Seller. 3. Close of Escrow. A. Date. The conveyance of the Property and the payment of the balance of the Purchase Price (“Close of Escrow”) shall take place at the office of Escrow Holder, during normal business hours, within thirty (30) days following satisfaction of all of the conditions set forth in paragraph 4 below. 99999\1241235v3 - 1 - 3/25/26 Page 149 of 158 [PAGE 150] B. Conveyance. At Close of Escrow, upon the receipt of the Purchase Price, Seller shall deliver to Buyer a Grant Deed in recordable form, conveying fee simple title to the Property, subject only to current real property taxes and those title exceptions approved by Buyer, and free of all contracts, leases and like documents, except as approved by Buyer in writing, together with a Seller-paid ALTA policy insuring such title in Buyer. Seller shall also execute and deliver to Buyer a certification, acceptable to Buyer, setting forth Seller’s address, federal tax identification number and other documents necessary for the purpose of the provisions of Sections 1445 and 7701 of the Internal Revenue and Code of 1986, as amended. In addition, Seller shall execute and deliver to Buyer evidence satisfactory to Buyer that Seller is exempt from the withholding provisions of the California Revenue and Taxation Code, as amended (or comparable regulations of other jurisdictions) and that neither Buyer nor Escrow Holder is required to withhold any amounts from the Purchase Price pursuant to such provisions. C. Costs and Prorations. Real estate taxes, outstanding assessments that are not liens on the Property, fire and extended coverage insurance premiums, rent, utilities and operating expenses (as applicable) shall be prorated as of the date of Close of Escrow. Seller shall pay any transfer taxes and recording fees. Seller and Buyer shall each pay one-half (1/2) of any escrow fees and each party shall pay its own attorneys’ fees and costs. D. Simultaneous Delivery; Conditions Concurrent. All documents and other items to be delivered at the Closing shall be deemed to have been delivered simultaneously, and no delivery shall be effective until all such items have been delivered. 4. Approval Periods. A. Title Matters. Within twenty (20) days after the Opening of Escrow, Seller shall furnish to Buyer, at Seller’s expense, a preliminary title report and binder on the Property, copies of all exceptions, conditions, covenants and restrictions affecting the Property, and a copy of all rental agreements and other evidence of the potential rights of anyone other than Seller to the Property (“Title Commitment”). The Title Commitment shall be issued by Stewart Title of California, Inc. (“Title Company”) and shall show good and marketable title in Seller. B. Site Investigation Period. Buyer shall have one hundred eighty (180) days following Opening of Escrow (“Site Investigation Period”) to enter upon the Property and investigate whether, in Buyer’s sole discretion, the Property is suitable for Buyer’s intended purpose. The investigation may include, without limitation, soil and sub-soil conditions, wetland demarcations, environmental, engineering, surveys, land use and planning, utility and other studies. Any such entry shall be at Buyer’s expense and risk (holding Seller harmless from any claims for injury to person or property arising from Buyer’s activities on the Property), but shall not constitute a taking of possession, and Buyer shall return each test location to substantially its original condition. This investigation may 99999\1241235v3 - 2 - 3/25/26 Page 150 of 158 [PAGE 151] also include (i) obtaining final approval by a major tenant for the development of a store on the Property and (ii) dealing with governmental bodies with authority over the Property. Should Buyer determine that the Property is not suitable, Buyer shall provide written notice of same to Escrow Holder within five (5) days after the end of the Site Investigation Period and the Deposit shall then be promptly returned to Buyer and this Agreement shall be terminated with no further obligations to either party. C. Development Approvals. If the Property needs to be rezoned, replatted, its permitted use changed or similarly redesignated or have building permits issued (“Development Approvals”), Buyer shall have one hundred eighty (180) days from the end of the Site Investigation Period to use reasonable efforts to accomplish such Development Approvals (“Development Approval Period”). Buyer shall pay all costs of Development Approvals, and Seller will cooperate (at no cost) in that effort. D. Disposition and Development Agreement. This transaction is subject to a finding of Public Benefit and Disposition and Development Agreement by the City of Imperial City Council. 5. Seller’s Warranties. Seller represents and warrants, to induce Buyer to enter into the Agreement, in addition to any other representations herein, as of the date hereof and the date of Close of Escrow (and all representations and warranties shall survive the Close of Escrow) that: A. Seller owns good and marketable fee simple title to the Property; B. Seller has the authority to execute this Agreement and transfer title as stated; C. At Close of Escrow, title to the Property will be free and clear of all leases, liens, easements, covenants, restrictions, parties in possession and/or special encumbrances, except title exceptions permitted by Buyer; D. To the best of Seller’s actual knowledge after investigation, the Property, including soil, sub-soil, surface and ground water, improvements and anything else on or under the Property now is and at Close of Escrow will be free of all contamination including but not limited to asbestos, hazardous waste or hazardous substances, as defined by applicable federal and state laws, and by the Resource Conservation and Recovery Act of 1976, as amended and regulations thereunder, the Comprehensive Environmental Response, Compensation and Liability Act, the Clean Water Act, the California Hazardous Waste Control Act, the California Health and Safety Code, or similar and applicable laws and regulations. Seller further has neither been advised of nor received any notice regarding any contamination affecting the Property; E. There are no violations of any laws or regulations of applicable governmental authorities affecting the Property, nor are there any governmental or other actions or legal proceedings pending or threatened against Seller or the Property; 99999\1241235v3 - 3 - 3/25/26 Page 151 of 158 [PAGE 152] F. There are no special assessments or eminent domain proceedings pending or threatened against Seller or the Property; G. The Property has full, free and adjacent access to and from public highways and roads and there are no facts or conditions which would result in such access being altered; and H. From and after the date hereof and until Close of Escrow, Seller will maintain the Property in good order and condition and not permit or commit waste thereon. For purposes of this Agreement, whenever the phrase “to Seller’s knowledge” or words of similar import are used, they shall be deemed to refer to the actual knowledge of (i) the City of Imperial, (ii) all employees or agents of Seller with supervisory responsibilities concerning the Property, and (iii) such other persons at a management or supervisory level who would, in the ordinary course of their responsibilities as employees or agents of Seller, receive notice from other agents or employees of Seller or from other persons or entities of any of the matters described in the representations and warranties in this Agreement which are limited by the knowledge of Seller. 6. Condemnation. If, prior to Close of Escrow, any part of the Property is taken pursuant to eminent domain proceedings (or private purchase in lieu thereof), or any such proceedings commence, then Buyer may elect by written notice to Seller either to terminate this Agreement or proceed to Close of Escrow with an adjustment in the Purchase Price equal to any condemnation award or payments received or to be received by Seller. Upon any such termination pursuant to this paragraph, this Agreement shall be terminated without any rights or obligations from or to either party and the Deposit shall be promptly returned to Buyer. Notwithstanding the foregoing, there is no litigation pending or, after due and diligent inquiry, to Seller’s knowledge, threatened, against Seller that arises out of the ownership of the Property or that might detrimentally affect the value, ownership, use or operation of the Property or the ability of Seller to perform its obligations under this Agreement. Seller shall notify Buyer promptly of any such litigation of which Seller becomes aware. 7. Default. If either party fails either to waive a condition or to terminate this Agreement, and because of such failure the other party wants to claim a default, the other party shall give written notice specifying the nature of the failure to the alleged defaulting party, who shall have thirty (30) days (or such time as is reasonable if the failure cannot be reasonably cured in thirty (30) days) to cure the failure. If the failure is on the part of the Seller, Buyer may terminate this Agreement, elect to cure the failure on behalf of Seller, or seek specific performance and/or damages. If the failure is on the part of Buyer, Seller’s exclusive remedy shall be to receive the Deposit as full liquidated damages. IN THE EVENT THE SALE OF THE PROPERTY PURSUANT TO THIS AGREEMENT IS NOT CONSUMMATED SOLELY BECAUSE OF A DEFAULT UNDER THIS AGREEMENT ON THE PART OF BUYER, THE DEPOSIT (TO THE EXTENT DEPOSITED INTO ESCROW BY BUYER) SHALL BE PAID TO AND/OR RETAINED BY SELLER AS LIQUIDATED DAMAGES. THE PARTIES HAVE AGREED THAT SELLER’S ACTUAL DAMAGES, IN THE EVENT OF A DEFAULT BY BUYER, WOULD BE EXTREMELY 99999\1241235v3 - 4 - 3/25/26 Page 152 of 158 [PAGE 153] DIFFICULT OR IMPRACTICABLE TO DETERMINE. THEREFORE, BY PLACING THEIR INITIALS BELOW, THE PARTIES ACKNOWLEDGE THAT THE DEPOSIT HAS BEEN AGREED UPON, AFTER NEGOTIATION, AS THE PARTIES’ REASONABLE ESTIMATE OF SELLER’S DAMAGES AND AS SELLER’S SOLE AND EXCLUSIVE REMEDY AGAINST BUYER, AT LAW OR IN EQUITY, IN THE EVENT OF A DEFAULT UNDER THIS AGREEMENT ON THE PART OF BUYER. SELLER HEREBY WAIVES ANY AND ALL BENEFITS IT MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 3389. Seller’s Buyer’s Initials ____ Initials ____ 8. Successors and Assigns. Buyer shall have the absolute and unconditional right at any time and from time to time to assign this Agreement to any person or entity controlled by, controlling, or under common control with, Buyer; provided, however, all other assignments shall require the consent of Seller, which consent shall not be unreasonably withheld, conditioned or delayed. Subject to the provisions of the immediately preceding sentence, this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, administrators, executors, assigns and successors in interest. 9. Assignment. Buyer shall provide Seller with a copy of any assignment within ten (10) days after the effective date of any such assignment. Thereafter, Seller shall look only to the assignee for the performance of all of Buyer’s obligations under this agreement. 10. 1031 Exchange. At the sole option of Seller, Seller may elect to consummate the transaction as a simultaneous or non-simultaneous like-kind exchange pursuant to Section 1031 of the Internal Revenue Code of 1986, as amended, and requiring Buyer to cooperate with Seller (by executing such documents and taking such actions as may be reasonably necessary) to effectuate the transaction as a like-kind exchange. Buyer is to be at no cost or expense in the exchange and shall not be required to take title to any other property, nor is the Close of Escrow to be delayed, due to Seller’s exercise of this provision. 11. Condition of Property – “As Is” Sale and Disclosures. Subject to the Seller’s warranties set forth in Section 5 above, Buyer acknowledges and agrees that the Property is being sold in its present physical condition, “AS IS,” with all faults, whether known or unknown, including but not limited to soil stability, drainage, access, zoning, easements, encroachments, environmental conditions, and the presence of any hazardous substances as defined under applicable federal, state, or local law. Seller makes no warranties or representations, express or implied, regarding the condition, suitability, or permitted use of the Property, except as expressly stated in this Agreement or in any written disclosures required by California law. Seller shall provide Buyer with all disclosures mandated under the California Civil Code, including but not limited to the Natural Hazard Disclosure Statement and any known material facts affecting the Property’s value or desirability. Buyer affirms that Buyer has had, or will have during the Site Inspection Period, the opportunity to conduct, or cause to be conducted, all inspections, investigations, surveys, and other due diligence deemed necessary to evaluate the Property’s condition and suitability for Buyer’s 99999\1241235v3 - 5 - 3/25/26 Page 153 of 158 [PAGE 154] intended use. Buyer is relying solely on Buyer’s own investigation and judgment, and not on any statement or representation by Seller or Seller’s agents, except as expressly set forth herein. Upon Close of Escrow, Buyer shall accept the Property in its current condition and waives any and all claims against Seller relating to the Property’s condition, except for (i) claims arising from Seller’s failure to comply with statutory disclosure obligations, (ii) claims based on fraud, intentional misrepresentation, or willful concealment, or (iii) Seller’s breach of the Seller’s warranties set forth in Section 5 above. 12. Brokers. The parties represent and warrant that neither party is represented in this transaction and no commissions are due. 13. Costs of Litigation. In the event that either party hereto brings any action or files any proceeding in connection with the enforcement of its respective rights under this Agreement or as a consequence of any breach by the other party hereto of its obligations hereunder, the prevailing party in such action or proceeding shall be entitled to have all of its attorneys’ fees and out-of-pocket expenditures paid by the losing party. Such fees and costs shall include post- judgment fees, costs and expenses incurred on appeal or in collection of any judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. 14. Additional Consideration. This transaction is subject to notice by the City of Imperial to applicable local, state and federal agencies of intent to dispose of property for public benefit purposes. 15. Time is of the Essence. Seller and Buyer hereby acknowledge and agree that time is strictly of the essence with respect to each and every term and provision of this Agreement. 16. Entire Agreement. This document is the full agreement between the parties regarding the subject matter hereof and may only be altered in a writing signed by both the parties. This Agreement shall not be strictly construed for or against any party. Each party acknowledges that its independent counsel has reviewed this Agreement and agrees that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. 17. Acceptance. To evidence their agreement with the foregoing and their intent to be legally bound, the parties have executed this Agreement as of the Effective Date. [Signatures on following page.] 99999\1241235v3 - 6 - 3/25/26 Page 154 of 158 [PAGE 155] SELLER: BUYER: City of Imperial JMJ SouthWest Limited Liability Company By _______________________________ By Dr. Minerva Kelada Title City Manager Attest: Notice Address: JMJ SouthWest Limited Liability Company ____________________________________ 1001 Blair Avenue Deputy City Clerk Calexico, CA 92231 Notice Address: City of Imperial 420 South Imperial Avenue Imperial, California 92251 Attn: City Manager 99999\1241235v3 - 7 - 3/25/26 Page 155 of 158 [PAGE 156] 99999\1241235v3 Exhibit A – Page 1 3/25/26 Page 156 of 158 [PAGE 157] EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF THAT REAL PROPERTY IN THE CITY OF IMPERIAL, TOWNSHIP 15 SOUTH, RANGE 14 EAST, SAN BERNARDINO MERIDIAN, CONVEYED TO THE CITY OF IMPERIAL, A MUNICIPAL CORPORATION, BY DIRECTOR'S DEED PER DOCUMENT NUMBER 2017000521, RECORDED JANUARY 10, 2017, IN THE OFFICE OF THE COUNTY RECORDER OF IMPERIAL COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF TRACT 133, TOWNSHIP 15 SOUTH, RANGE 14 EAST, SAN BERNARDINO MERIDIAN, SAID POINT BEARS SOUTH 00°22'46" EAST, 2654.16 FEET FROM THE NORTHWEST CORNER OF SAID TRACT PER SAID DIRECTOR'S DEED; THENCE THE FOLLOWING NINE (9) COURSES PER SAID DIRECTOR'S DEED 1. THENCE SOUTH 89°35'42" EAST, 185 06 FEET ALONG THE SOUTH LINE OF SAID TRACT 133; 2. THENCE NORTH 00°22'46" WEST, 41.97 FEET; 3. THENCE NORTH 89°35'42" EAST, 13.47 FEET TO THE BEGINNING OF A NON-TANGENT 4930.69 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL TO WHICH BEARS NORTH 86°51'26" EAST; 4. THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 9°14'31", AN ARC DISTANCE OF 795.32 FEET; 5. THENCE NORTH 12°23'05" WEST, 496.47 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.B.); 6. THENCE CONTINUING NORTH 12°23'05" WEST, 256.33 FEET TO THE BEGINNING OF A 5070.92 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 7. THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°15'31", AN ARC DISTANCE OF 376.91 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF STATE HIGHWAY 11-IMP-86 ACCORDING TO RECORD OF SURVEY 12-67 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF IMPERIAL COUNTY; 8. THENCE SOUTH 00°23'47" EAST, 623.78 FEET; 9. THENCE NORTH 88°44'08" EAST, 117.78 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.B.); EXCEPTING THEREFROM, A RESERVATION FOR THE BENEFIT OF THE GRANTOR, ITS SUCCESSORS AND ASSIGNS, A PERPETUAL NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, AND PUBLIC UTILITY PURPOSES OVER, ACROSS, AND THROUGH A STRIP OF LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF TRACT 133, TOWNSHIP 15 SOUTH, RANGE 14 EAST, SAN BERNARDINO MERIDIAN, SAID POINT BEARS SOUTH 00°22'46" EAST, 2654.16 FEET FROM THE NORTHWEST CORNER OF SAID TRACT PER SAID DIRECTOR'S DEED; THENCE THE FOLLOWING NINE (9) COURSES PER SAID DIRECTOR'S DEED 1. THENCE SOUTH 89°35'42" EAST, 185 06 FEET ALONG TH(;: SOUTH LINE OF SAID TRACT 133; 2. THENCE NORTH 00°22'46" WEST, 41.97 FEET; 3. THENCE NORTH 89°35'42" EAST, 13.47 FEET TO THE BEGINNING OF A NON-TANGENT 4930.69 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL TO WHICH BEARS NORTH 86°51'26" EAST; 4. THENCE NORTHEHLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 9°14'31", AN ARC DISTANCE OF 795.32 FEET; 5. THENCE NORTH 12°23'05" WEST, 496.47 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.8.); 6. THENCE CONTINUING NORTH 12°23'05" WEST, 81.52 FEET; 7. THENCE SOUTH 88°44'08" WEST, 100.84 FEET; 8. THENCE SOUTH 00°23'47" EAST, 80.00 FEET; 9. THENCE NORTH 88°44'08"-EAST, 117.78 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.B.); THE ABOVE DESCRIBED PROPERTY CONTAINS 25,311.72 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO ALL COVENANTS, EASEMENTS, AND AGREEMENTS OF RECORD. / PAGE 1 OF 1 Page 157 of 158 [PAGE 158] EXHIBIT "B" NOTE: THIS LEGAL DESCRIPTION PLAT IS BASED ON RECORD DATA PER DIRECTOR'S DEED PER DOC N co 2017000521, RECORDED JANUA~Y10 r- 2017, OF OFFICIAL RECORDS. ' C') N CD LOT 24 0.M. 1-9 BELFORD 1 N88°44'08"E 117.78' \ \ I I \ ""l ""l LOT 25 ~I \ 0.M. 1-9 0) ~I '