CITY COUNCIL
HOUSING AUTHORITY AND
SUCCESSOR AGENCY TO THE EL CAJON
REDEVELOPMENT AGENCY
Council Chamber
200 Civic Center Way
El Cajon, CA 92020
Agenda
DECEMBER 13, 2022, 3:00 p.m.
Bill Wells, Mayor Graham Mitchell, City Manager
Michelle Metschel, Deputy Mayor Vince DiMaggio, Assistant City Manager Steve Goble, Councilmember Morgan Foley, City Attorney
Gary Kendrick, Councilmember Angela Cortez, City Clerk
Phil Ortiz, Councilmember
CALL TO ORDER: Mayor Bill Wells
ROLL CALL: City Clerk Angela Cortez
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
POSTINGS: The City Clerk posted Orders of Adjournment of the November 8, 2022, Joint Special Meeting and the Agenda of the December 13, 2022, Meetings in accordance to State Law and City Council/Housing Authority/Successor Agency to the Redevelopment Agency Policy.
PRESENTATIONS:
International Rescue Committee Resident Leadership Academy California Department of Insurance
AGENDA CHANGES:
~ Valley of opportunity
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CONSENT ITEMS:
Consent Items are routine matters enacted by one motion according to the RECOMMENDATION listed below. With the concurrence of the City Council, a Council Member or person in attendance may request discussion of a Consent Item at this time.
1. Minutes of the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Meeting
RECOMMENDATION:
That the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency approves Minutes of the November 8, 2022, Joint Special Meeting of the El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency.
2. Warrants
RECOMMENDATION:
That the City Council approves payment of Warrants as submitted by the Finance Department.
3. Approval of Reading Ordinances by Title Only
RECOMMENDATION:
That the City Council approves the reading by title and waives the reading in full of all Ordinances on the Agenda.
4. San Diego Cal-ID Remote Access Network (RAN) Board Funding Approval
RECOMMENDATION:
That the City Council takes the following actions:
Authorizes the City Manager, or designee, to accept the Cal-ID Remote Access Network (RAN) Board approved funding of $43,000 and to execute any documents and agreements necessary for the receipt and use of these funds.
1. Appropriate $43,000 of Cal-ID RAN Board funding to purchase the Mideo LatentWorks Case Management System for the Police Forensic Lab.
2. 5. 2022 Ford F-250 Pickup Truck Purchase
RECOMMENDATION:
That the City Council adopts the next Resolution, in order, to appropriate $60,000 of Vehicle and Equipment Replacement Fund (605595) equity for the purchase of a replacement 2022 Ford F-250 pickup truck.
6. Minimum Wage Update to City Council Policy A-29
RECOMMENDATION:
That the City Council approves and authorizes the minimum wage updates to City Council A-29 Policy for the impacted non-represented part-time/seasonal/temporary classifications.
7. Contract Amendment for Bid No. 012-22 - Recreation Center Upgrades - Cool Zones & Evacuation Sites
RECOMMENDATION:
That the City Council adopts the next Resolution, in order, to amend the scope of work and increase the compensation for the Public Works Contract with M. Brey Electric, Incorporated (MBEI) for the recreation centers’ HVAC improvements in the not-to-exceed amount of $196,155.47.
8. Subdivision Agreement and Final Map for Tentative Subdivision Map (TSM) 667; 999 Bostonia Street, Engineering Job No. 3591
RECOMMENDATION:
That the City Council:
Approves the Subdivision Agreement and Final Map for Public Improvements for Tentative Subdivision Map (TSM) 667, 999 Bostonia Street, Engineering Job No. 3591;
1. Authorizes the City Manager to execute the agreement and related documentation; and
2. Authorizes the City Clerk to release bonds after completion of improvements.3.
9. Subdivision Agreement for Public and Private Improvements and Final Map for Tentative Subdivision Map (TSM) No. 2021-0005; 300 El Cajon Boulevard; Engineering Job No. 3757
RECOMMENDATION:
That City Council:
Approves the Final Map and Subdivision Agreement for Public and Private Improvements for Tentative Subdivision Map (TSM) 2021-0005, 300 El Cajon Boulevard, Engineering Job No. 3757;
1. Authorizes the City Manager to execute the agreements and related documentation; and
2. Authorizes the City Clerk to release bonds after completion of improvements.3.
10. Award of RFP No. 012-23 – Oakdale Alameda Beautification Project Professional Services
RECOMMENDATION:
That the City Council adopts the next Resolutions, in order, to:
Find Nova Engineering, Inc. non-responsive for the reason set forth in the agenda report; and
1. Enter into an agreement with Chen Ryan & Associates, Inc., in an amount not to exceed $599,985 for a one-year term.
2. 11. Contract Amendment for Bid No. 004-22 – Broadway Creek Restoration Phase A
RECOMMENDATION:
That the City Council adopts the next Resolution, in order, to:
Amend the scope of work and increase the compensation and working days for the Public Works Contract with Whillock Contracting, Inc., (WCI) for the restoration project in the not-to-exceed amount of $592,958.99; and
1. Appropriate $500,000 of Wastewater Enterprise Fund equity to increase the Broadway Creek Restoration Phase A (173586PWCP) project budget.
2. PUBLIC COMMENT:
At this time, any person may address a matter within the jurisdiction of the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency that is not on the Agenda. Comments relating to items on today’s docket are to be taken at the time the item is heard. State law prohibits discussion or action on items not on the Agenda; however, Council, Authority and Agency Members may briefly respond to statements or questions. An item may be placed on a future Agenda.
WRITTEN COMMUNICATIONS:
PUBLIC HEARINGS:
12. Off-Sale Alcohol Sales at Parkway Plaza
RECOMMENDATION:
That the City Council:
Opens the Public Hearing and receives testimony;1.
Closes the Public Hearing;2.
Moves to adopt the next Resolution, in order, approving the California Environmental Quality Act Exemption;
3. Moves to adopt the next Resolution, in order, approving an Amendment to Specific Plan No. 19.
4. 13. Zoning Code Update
RECOMMENDATION:
That the City Council:
Opens the Public Hearing and receives testimony;1.
Closes the Public Hearing;2.
Moves to adopt the next Resolution, in order, approving the California Environmental Quality Act exemption; and
3. Moves to introduce for first reading the next Ordinance, in order, approving Zoning Code Amendment No. 2022-0002.
4. ADMINISTRATIVE REPORTS:
14. Selection of Deputy Mayor
RECOMMENDATION:
That the City Council selects a Deputy Mayor according to the El Cajon Municipal Code.
15. Downtown El Cajon Business Partners' Annual Report
RECOMMENDATION:
That the City Council receives the Downtown El Cajon Business Partners' annual report and financial statements and provides feedback.
16. City Council Action Plan (2022) - Status Report
RECOMMENDATION:
That the City Council receives the status report on its 2022 Action Plan and provides feedback.
COMMISSION REPORTS:
ACTIVITIES REPORTS/COMMENTS OF MAYOR WELLS
SANDAG (San Diego Association of Governments) Board of Directors; SANDAG – Audit Committee, San Diego Division; LAFCO.
17. Council Activity Report
18. City Council Assignments
RECOMMENDATION:
That the City Council approves City Council assignments (as identified in the report) to various boards and commissions representing El Cajon.
ACTIVITIES REPORTS/COMMENTS OF COUNCILMEMBERS:
19. COUNCILMEMBER STEVE GOBLE
MTS (Metropolitan Transit System Board); East County Advanced Water Purification Joint Powers Authority Board; Chamber of Commerce – Government Affairs Committee; SANDAG – Board of Directors – Alternate; SANDAG Public Safety Committee – Alternate.
20. COUNCILMEMBER GARY KENDRICK
METRO Commission/Wastewater JPA; Heartland Communications; Heartland Fire Training JPA.
21. DEPUTY MAYOR MICHELLE METSCHEL
Harry Griffen Park Joint Steering Committee; Heartland Communications – Alternate; Heartland Fire Training JPA – Alternate; METRO Commission/Wastewater JPA – Alternate.
22. COUNCILMEMBER PHIL ORTIZ
League of California Cities, San Diego Division; East County Economic Development Council; MTS (Metropolitan Transit System Board) – Alternate; East County Advanced Water Purification Joint Powers Authority Board – Alternate; Chamber of Commerce – Government Affairs Committee – Alternate.
JOINT COUNCILMEMBER REPORTS:
23. Ad Hoc Committee on Safe Motels
RECOMMENDATION:
That the City Council receives the report and provides feedback and possible direction to staff.
GENERAL INFORMATION ITEMS FOR DISCUSSION:
ORDINANCES: FIRST READING
ORDINANCES: SECOND READING AND ADOPTION
24. An Ordinance Amending Section 13.37.040 of Chapter 13.37 of the El Cajon Municipal Code to Eliminate Building Sewer Inspections related to Residential Property Improvements
RECOMMENDATION:
That Mayor Wells requests the City Clerk to recite the title.
That Mayor Wells requests the City Clerk to recite the title.
An Ordinance to Amend Section 13.37.040 of Chapter 13.37 of the El Cajon Municipal Code to Eliminate Building Sewer Inspections related to Residential Property Improvements.
CLOSED SESSIONS:
25. Closed Session - CONFERENCE WITH LABOR NEGOTIATORS Agency Designated Representatives: Graham Mitchell, Marisol Thorn - Employee Organizations: El Cajon Mid-Management and Professional Employees Group; El Cajon Municipal Employees; El Cajon Professional Firefighters Local 4603
26. Closed Session -CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9 - One (1) potential case
Facts and circumstances: In response to warnings issued to seven (7) motels that they are violating the City’s zoning code by exceeding the maximum amount of accessory use by establishing emergency shelters in their facilities through the use of County of San Diego motel vouchers, the State of California Department of Justice, Office of Attorney General, has notified the City that such actions violate the State’s Fair Employment and Housing Act.
27. Closed Session - CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – pursuant to paragraph (1) of subdivision (d) of Government Code section 54956.9:
First Main Partners, Inc. v. City of El Cajon, et al. San Diego Superior Court Case No. 37-2020-00022053-CU-OR-CTL
ADJOURNMENT: The Adjourned Regular Joint Meeting of the El Cajon City Council/ El Cajon Housing Authority/Successor Agency to the El Cajon Redevelopment Agency held this 13th day of December 2022, is adjourned to Tuesday, December 13, 2022, at 7:00 p.m.
City Council
Agenda Report
Agenda Item 1.
DATE: December 13, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Angela Cortez, City Clerk
SUBJECT: Minutes of the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Meeting
RECOMMENDATION:
That the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency approves Minutes of the November 8, 2022, Joint Special Meeting of the El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency.
Attachments
11-08-22DRAFTminutes - 3PM
Joint Meeting: El Cajon City Council/Housing Authority/ November 8, 2022 Successor Agency to the Redevelopment Agency - 189 - 3:00 p.m.
JOINT MEETING OF THE
EL CAJON CITY COUNCIL/HOUSING
AUTHORITY/SUCCESSOR AGENCY
TO THE EL CAJON
REDEVELOPMENT AGENCY
MINUTES
CITY OF EL CAJON
EL CAJON, CALIFORNIA
November 8, 2022
A Special Joint Meeting of the El Cajon City Council/Housing Authori ty/Successor Agency to the El Cajon Redevelopment Agency, held Tuesday, November 8, 2022, was called to order by Mayor/Chair Bill Wells at 3:01 p.m., in the Council Chambers, 200 Civic Center Way, El Cajon, California.
R O L L C A L L
Council/Agencymembers present: Goble and Kendrick,
Council/Agencymembers absent: Ortiz
Deputy Mayor/Vice Chair present: Metschel
Mayor/Chair present: Wells
Other Officers present: Mitchell, City Manager/Executive Director DiMaggio, Assistant City Manager
Foley, City Attorney/General Counsel
Cortez, City Clerk/Secretary
PLEDGE OF ALLEGIANCE TO THE FLAG led by Mayor Wells and MOMENT OF SILENCE.
POSTINGS: The City Clerk posted Orders of Adjournment of the October 25, 2022, meeting and the Agenda of the Special November 8, 2022, meeting in accordance with State Law and El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Policy.
The Valley of Opportunity
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C'o V '-ci ~PorateO
Joint Meeting: El Cajon City Council/Housing Authority/ November 8, 2022 Successor Agency to the Redevelopment Agency - 190 - 3:00 p.m.
PRESENTATIONS:
Presentation: EDCO - 2022 Recycling All Star Awards
Proclamation: Runaway and Homeless Youth Prevention Month
AGENDA CHANGES: None
CONSENT ITEMS: (1 – 5)
MOTION BY WELLS, SECOND BY METSCHEL, to APPROVE Consent Items 1 to 5.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).
1. Minutes of El Cajon City Council/ Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Meetings
Approve Minutes of the October 25 , 20 22, Meeting of the El Cajon City Council/ Housing Authority/Successor Agency to the El Cajon Redevelopment Agency.
2. Warrants
Approve payment of Warrants as submitted by the Finance Department.
3. Approval of Reading Ordinances by Title Only
Approve the reading by title and waive s the reading in full of all O rdinances on the Agenda.
4. Time extension of Tentative Subdivision Map (TSM) 667; 999 Bostonia Street, Engineering Job No. 3591
Grant a one -year time extension for TSM 667 (999 Bostonia Street) and sets the new expiration date to December 12, 2023, i n accordance with Municipal Code Section
16.12.110.
Joint Meeting: El Cajon City Council/Housing Authority/ November 8, 2022 Successor Agency to the Redevelopment Agency - 191 - 3:00 p.m.
CONSENT ITEMS: (Continued)
5. Fiscal Year 2022-23 First Quarter Report
1. Appropriate carry -over funding of $2,514,495 from previously approved capital outlay requests and programs to be expended in Fiscal Year 2022-23;
2. Authorize the proposed personnel changes detailed in the report;
3. Authorize the proposed capital expenditures detailed in the report; and
4. Increases or modifies Fiscal Year 2022 -23 appropriations in the amount of $3,491,438 for additional needs as detailed in the report.
PUBLIC COMMENT:
Rich Riel spoke of the El Cajon Downtown Business Partner’s agenda posting practices.
WRITTEN COMMUNICATIONS: None
PUBLIC HEARINGS:
6. Proposed Ordinance Amendment to eliminate Building Sewer Lateral Video Inspections related to Single-family Residential Property Improvements
RECOMMENDATION:
That the City Council:
1. Opens the Public Hearing and receives testimony;
2. Closes the Public Hearing;
3. Moves to introduce the following Ordinance, in order, and holds the first reading, amending El Cajon Municipal Code section 13.37.040 related to Building Sewer Lateral Inspections.
DISCUSSION
Deputy Director of Public Works, Mario Sanchez, provided a summary of the Item.
Mayor Wells opened the Public Hearing.
No public comment was received.
City Manager Mitchell clarified that only the video requirements are being updated.
Joint Meeting: El Cajon City Council/Housing Authority/ November 8, 2022 Successor Agency to the Redevelopment Agency - 192 - 3:00 p.m.
PUBLIC HEARINGS: (Item 6 – Continued)
MOTION BY WELLS, SECOND BY KENDRICK, to CLOSE the Public Hearing.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).
MOTION BY GOBLE, SECOND BY KENDRICK, to INTRODUCE the next Ordinance, in order, and hold the first reading, amending El Cajon Municipal Code section 13.37.040 related to Building Sewer Lateral Inspections.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).
The City Clerk recited the title of the ordinance for a first reading.
AN ORDINANCE TO AMEND SECTION 13.37.040 OF
CHAPTER 13.37 OF THE EL CAJON MUNICIPAL CODE
TO ELIMINATE BUILDING SEWER INSPECTIONS
RELATED TO RESIDENTIAL PROPERTY IMPROVEMENTS
7. Specific Plan (SP) No. 2022 -0002 and Tentative Subdivision Map (TSM) No. 2021-0007
RECOMMENDATION:
That the City Council:
1. Opens the public hearing and receives testimony;
2. Closes the public hearing; and
3. Moves to adopt the next Resolution, in order, APPROVING the CEQA Determination;
4. Moves to adopt the next Resolution, in order, APPROVING Specific Plan No. 2022-0002, subject to conditions;
5. Moves to adopt the next Resolution, in order, APPROVING Tentative Subdivision Map No. 2021-0007, subject to conditions.
DISCUSSION
Senior Planner, Michael Viglione, provided a summary of the Item.
Mayor Wells opened the Public Hearing.
Joint Meeting: El Cajon City Council/Housing Authority/ November 8, 2022 Successor Agency to the Redevelopment Agency - 193 - 3:00 p.m.
PUBLIC HEARINGS: (Item 7 – Continued)
Stephanie Taylor spoke of traffic issues in the neighborhood, including speeding. She also questioned why egress from the property could not be placed on the Main Street side.
Karen Alves, representing City Ventures shared information about the proposed subdivision. Ms. Alve s explained that the property facing Main Street is owned by a different individual, and it’s not part of the project.
MOTION BY WELLS, SECOND BY GOBLE, to CLOSE the Public Hearing.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).
A request for a speed survey study is recommended by the City Council.
MOTION BY GOBLE, SECOND BY METSCHEL, to ADOPT Resolution No. 106-22 Approving the CEQA Determination.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).
MOTION B Y GOBLE, SECOND BY METSCHEL, to ADOPT Resolution No. 107-22 Approving Specific Plan No. 2022 -0002, subject to conditions.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).
MOTION BY GOBLE, SECOND BY METSCHEL, to ADOPT Resolution No. 108-22 Approving Tentative Subdivision Map No. 2021 -0007, subject to conditions.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).
Remainder of page intentionally left blank.
Joint Meeting: El Cajon City Council/Housing Authority/ November 8, 2022 Successor Agency to the Redevelopment Agency - 194 - 3:00 p.m.
PUBLIC HEARINGS: (Continued)
8. Public Hearing a nd Second Reading of Ordinances to Adopt by Reference the 2022 California Building Standards and Related Codes (Title 24)
RECOMMENDATION:
That the City Council:
1. Opens the public hearing and receives testimony;
2. Closes the public hearing;
3. Adopts by refer ence the 2022 Editions of the California Building Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code, the California Residential Code, the California Fire Code, the California Green Building Standards Code, t he California Historical Building Code, the California Existing Building Code, and amends Title 15 reflecting local specifications; and
4. Requests the City Clerk to recite the titles of each ordinance.
DISCUSSION
Building Official, Andre Sanchez, provided a summary of the Item.
Mayor Wells opened the Public Hearing.
No public comment was received.
MOTION BY WELLS, SECOND BY KENDRICK, to CLOSE the Public Hearing.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).
Mayor Wells requested that the City Clerk recite the title to each ordinance.
An Ordinance Repealing Sections 15.04.010, 15.04.030 and 15.04.050 of Chapter 15.04 of Title 15 of The El Cajon Municipal Code; And Adopting Sections 15.04.010, 15.04.030, 15.04.050, 15.04.055, 15 .04.065, and 15.04.107 to Chapter 15.04 of Title 15 of The El Cajon Municipal Code Adopting The California Building Code, 2022 Edition, As Amended, By Reference
Remainder of page intentionally left blank.
Joint Meeting: El Cajon City Council/Housing Authority/ November 8, 2022 Successor Agency to the Redevelopment Agency - 195 - 3:00 p.m.
PUBLIC HEARINGS: (Item 8 - Continued)
MOTION BY WELLS, SECOND BY METSCHEL, to ADOPT Ordinance No. 5121, Repealing Sections 15.04.010, 15.04.030 and 15.04.050 of Chapter 15.04 of Title 15 of The El Cajon Municipal Code; And Adopting Sections 15.04.010, 15.04.030, 15.04.050, 15.04.055, 15.04.065, and
15.04.107 to Chapter 15.04 of Title 15 of The El Cajon Municipal Code Adopting The California Building Code, 2022 Edition, As Amended, By Reference.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).
An Ordinance Repealing Section 15.20.010 of Chapter 15.20 of Title 15 of The El Cajon Municipal Code; Adopting The California Electrical Code, 2022 Edition, As Amended, By Reference; And Adding a New Section 15.20.010 of Chapter 15.20 of Title 15 of The El Cajon Municipal Code
MOTION BY WELLS, SECOND BY METSCHEL, to ADOPT Ordinance No. 5122, Repealing Section 15.20.010 of Chapter 15.20 of Title 15 of The El Cajon Municipal Code; Adopting The California Electrical Code, 2022 Edition, As Amended, By Reference; And Adding a New Section
15.20.010 of Chapter 15.20 of Title 15 of The El Cajon Municipal Code.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).
An Ordinance Repealing Sections 15.48.010 And 15.48.050 of Chapter 15.48 of Title 15 of The El Cajon Municipal Code ; Adopting The California Mechanical Code, 2022 Edition, As Amended, By Reference; And Adding New Sections
15.48.010 and 15.48.050 of Chapter 15.48 of Title 15 of The El Cajon Municipal Code
MOTION BY WELLS, SECOND BY METSCHEL, to ADOPT Ordinance No. 5123, Repealing Sections 15.48.010 And 15.48.050 of Chapter 15.48 of Title 15 of The El Cajon Municipal Code; Adopting The California Mechanical Code, 2022 Edition, As Amended, By Reference; and Adding New Sections 15.48.010 and 15.48.050 of Chapter 15.48 of Title 15 of The El Cajon Municipal Code.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).
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Joint Meeting: El Cajon City Council/Housing Authority/ November 8, 2022 Successor Agency to the Redevelopment Agency - 196 - 3:00 p.m.
PUBLIC HEARINGS: (Item 8 - Continued)
An Ordinance Repealing Sections 15.52.010 and 15.52.050 of Chapter 15.52 of Title 15 of The El Cajon Municipal Code; Adopting The California Plumbing Code, 2022 Edition, As Amended, By Reference; And Adding New Sections
15.52.010 and 15.52.050 of Chapter 15.52 of Title 15 of The El Cajon Municipal Code
MOTION BY WELLS, SECOND BY METSCHEL, to ADOPT Ordinance No. 5124, Repealing Sections 15.52.010 and 15.52.050 of Chapter 15.52 of Title 15 of The El Cajon Municipal Code; Adopting The California Plumbing Code, 2022 Edition, As Amended, By Reference; And Adding New Sections 15.52.010 and 15.52.050 of Chapter 15.52 of Title 15 of The El Cajon Municipal Code.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).
An Ordinance Repealing Section 15.54.010 of Chapter 15.54 of Title 15 of The El Cajon Municipal Code; Adopting The California Reside ntial Code, 2022 Edition, As Amended, By Reference; And Adopting a New Section 15.54.010 to Chapter
15.54 to Title 15
MOTION BY WELLS, SECOND BY METSCHEL, to ADOPT Ordinance No. 5125, Repealing Section 15.54.010 of Chapter 15.54 of Title 15 of The El Cajo n Municipal Code; Adopting The California Residential Code, 2022 Edition, As Amended, By Reference; And Adopting a New Section
15.54.010 to Chapter 15.54 to Title 15.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).
An Ordinance Re pealing Section 15.56.010 of Chapter 15.56 of Title 15 of The El Cajon Municipal Code; Adopting The California Fire Code, 2022 E dition, As Amended, By Reference; And Adding a New Section 15.56.010 of Chapter 15.56 of Title 15 of The El Cajon Municipal Code
MOTION BY WELLS, SECOND BY METSCHEL, to ADOPT Ordinance No. 5126, An Ordinance Repealing Section 15.56.010 of Chapter 15.56 of Title 15 of The El C ajon Municipal Code; Adopting The California Fire Code, 2022 E dition, As A mended, By Reference; And Adding a New Section 15.56.010 of Chapter 15.56 of Title 15 of The El Cajon Municipal Code.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).
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Joint Meeting: El Cajon City Council/Housing Authority/ November 8, 2022 Successor Agency to the Redevelopment Agency - 197 - 3:00 p.m.
PUBLIC HEARINGS: (Item 8 - Continued)
An Ordinance Repealing Section 15.60.010 of Chapter 15.60 of Title 15 of The El Cajon Municipal Code; And Adopting The California Green Building Standards, 2022 Edition, As Amended, By Reference; And Adding a New Section 15.60.010 of Chapter 15.60 of Title 15 of The El Cajon Municipal Code
MOTION BY WELLS, SECOND BY METSCHEL, to ADOPT Ordinance No. 5127, Repealing Section 15.60.010 of Chapter 15.60 of Title 15 of The El Cajon Municipal Code; And Adopting The California Green Building Standards, 2022 Edition, As Amended, By Reference; And Adding a New Section 15.60.010 of Chapter 15.60 of Title 15 of The El Cajon Municipal Code.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).
An Ordinance Repealing Section 15.84.010 of Chapter 15.84 of Title 15 of The El Cajon Municipal Code; Adopting The Ca lifornia Existing Building Code, 2022 Edition, As Amended, By Reference; And Adding a New Section 15.84.010 of Chapter 15.84 of Title 15 of The El Cajon Municipal Code
MOTION BY WELLS, SECOND BY METSCHEL, to ADOPT Ordinance No. 5128, Repealing Section 15.84.010 of Chapter 15.84 of Title 15 of The El Cajon Municipal Code; Adopting The California Existing Building Code, 2022 Edition, As Amended, By Reference; And Adding a New Section 15.84.010 of Chapter 15.84 of Title 15 o f The El Cajon Municipal Code.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).
An Ordinance Repealing Section 15.88.010 of Chapter 15.88 of Title 15 of The El Cajon Municipal Code; Adopting The California Historical Building Code, 2022 Edition, As Amended, By Ref erence; And Adding a New Section 15.88.010 of Chapter 15.88 of Title 15 of The El Cajon Municipal Code
MOTION BY WELLS, SECOND BY METSCHEL, to ADOPT Ordinance No. 5129, Repealing Section 15.88.010 of Chapter 15.88 of Title 15 of The El Cajon Municipal Cod e; Adopting The California Historical Building Code, 2022 Edition, As Amended, By Reference; And Adding a New Section 15.88.010 of Chapter 15.88 of Title 15 of The El Cajon Municipal Code.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).
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Joint Meeting: El Cajon City Council/Housing Authority/ November 8, 2022 Successor Agency to the Redevelopment Agency - 198 - 3:00 p.m.
ADMINISTRATIVE REPORTS:
Recess Called at 4:03 p.m.
Meeting Called Back to Order at 4:06 p.m.
9. Authorization to Establish Washington Avenue Safety Improvements Project (233795PWCP)
RECOMMENDATION:
That the City Council adopts the next Resolution, in order, to:
1. Establish the $3.835 million Washington Avenue Safety Improvements Project (233795PWCP);
2. Accept $2.235 million Highway Safety Improvement Program Grant (HSIP043) for the purpose of funding the project; and
3. Appropriate $1.6 million of TransNet revenue for the purposes of funding the project.
DISCUSSION
Deputy Director of Public Works, Mario Sanchez, provided detailed information of the Item.
No public comment was received.
Mayor Wells stated that the proposed project is fully funded by grant money.
MOTION BY GOBLE, SECOND BY KENDRICK, to ADOPT R esolution No. 109-22 in order, to Establish the $3.835 million Washington Avenue Safety Improvements Project (233795PWCP); Accept $2.235 million Highway Safety Improvement Program Grant (H SIP043) for the purpose of funding the project; and Appropriate $1.6 million of TransNet revenue for the purposes of funding the project.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).
10. Gardening Assistance Project Update
RECOMMENDATION: That the City Council receives the report on the Gardening Assistance Project and provides feedback.
DISCUSSION
Administrative Intern, Kevin Mackey, and Management Assistant, Ellena Holmes provided detailed information of the Item.
Joint Meeting: El Cajon City Council/Housing Authority/ November 8, 2022 Successor Agency to the Redevelopment Agency - 199 - 3:00 p.m.
ADMINISTRATIVE REPORTS: (Item 10 – Continued)
No public comment was received.
Conversation ensued amongst Council and Staff regarding the following:
Budget for the proposed project;
Implementation timeline; and
Report of program’s process.
No Motion was required for the Item.
11. All-Way Stop Sign Request on Johnson Avenue at Grant Avenue
RECOMMENDATION: That the City Council adopts the next Resolution, in order, to establish permanent all -way stop signs on Johnson Avenue at the intersection with Grant Avenue.
DISCUSSION
Deputy Director of Public Works, Mario Sanchez, pr ovided detailed information of the Item.
No public comment was received.
Deputy Mayor Metschel suggested informing the neighborhood of the upcoming All-Way Stop Signs being installed.
MOTION BY GOBLE, SECOND BY KENDRICK, to ADOPT Resolution No. 110-22 in order, to establish permanent all -way stop signs on Johnson Avenue at the intersection with Grant Avenue.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).
COMMISSION REPORTS: None
ACTIVITIES REPORTS/COMMENTS OF MAYOR WELLS:
SANDAG (San Diego Association of Governments) Board of Directors; SANDAG – Audit Committee; LAFCO.
12. Council Activities Report/Comments
Report as submitted.
Joint Meeting: El Cajon City Council/Housing Authority/ November 8, 2022 Successor Agency to the Redevelopment Agency - 200 - 3:00 p.m.
ACTIVITIES REPORTS OF COUNCILMEMBERS:
13. COUNCILMEMBER STEVE GOBLE
MTS (Metropolitan Transit System Board); East County Advanced Water Purification Joint Powers Authority Board; Chamber of Commerce – Government Affairs Committee; SANDAG – Board of Directors – Alternate; SANDAG Public Safety Committee – Alternate.
Council Activities Report/Comments.
In addition to the submitted report, Councilmember Goble shared information about the Metropolitan Transit System Board and East County Advanced Water Purification Joint Powers Authority Board meetings he attended.
14. COUNCILMEMBER GARY KENDRICK
METRO Commission/Wastewater JPA; Heartland Communications; Heartland Fire Training JPA.
Council Activities Report/Comments.
Report as submitted.
15. DEPUTY MAYOR MICHELLE METSCHEL
Harry Griffen Park Joint Steering Committee; Heartland Communications – Alternate; Heartland Fire Training JPA – Alternate; METRO Commission/Wastewater JPA – Alternate.
Council Activities Report/Comments.
Report as submitted.
16. COUNCILMEMBER PHIL ORTIZ
League of California Cities, San Diego Division; East County Economic Development Council; MTS (Metropolitan Transit System Board) – Alternate; East County Advanced Water Purification Joint Powers Authority Board – Alternate; Chamber of Commerce – Government Affairs Committee – Alternate.
Council Activities Report/Comments.
Report as submitted.
Joint Meeting: El Cajon City Council/Housing Authority/ November 8, 2022 Successor Agency to the Redevelopment Agency - 201 - 3:00 p.m.
JOINT COUNCILMEMBER REPORTS: None
GENERAL INFORMATION ITEMS FOR DISCUSSION: None
ORDINANCES: FIRST READING - None
ORDINANCES: SECOND READING AND ADOPTION - None
CLOSED SESSIONS: None
Adjournment: Mayor Wells adjourned the Special Joint Meeting of the El Cajon City Council/ Housing Authority/Successor Agency to the El Cajon Redevelopment Agency held this 8th day of November, 20 22, a t 4:06 p.m., to Tuesday, December 13, 2022, at 3:00 p.m.
________________________
ANGELA L. CORTEZ, CMC
City Clerk/Secretary
City Council
Agenda Report
Agenda Item 4.
DATE: December 13, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Mike Moulton, Chief of Police
SUBJECT: San Diego Cal-ID Remote Access Network (RAN) Board Funding Approval RECOMMENDATION:
That the City Council takes the following actions:
Authorizes the City Manager, or designee, to accept the Cal-ID Remote Access Network (RAN) Board approved funding of $43,000 and to execute any documents and agreements necessary for the receipt and use of these funds.
1. Appropriate $43,000 of Cal-ID RAN Board funding to purchase the Mideo LatentWorks Case Management System for the Police Forensic Lab.
2. BACKGROUND:
On February 18, 2022, the City of El Cajon Police Department submitted a request for funding to the Cal-ID Remote Access Network (RAN) Board to purchase the Mideo LatentWorks Case Management System for $43,000. The Mideo software is a secure digital evidence management system that allows for documentation on latent print analysis casework. This software would create a consistent note-taking environment that would aid in the accreditation of latent print comparison. The comparison of prints can be easily documented with Analysis, Comparison, Evaluation, and Verification (ACE-V) procedures using this software, which satisfies the documentation requirements of ISO17025. On May 6, 2022, the San Diego Cal-ID RAN Board approved our request of $43,000 to purchase the Mideo LatentWorks System.
FISCAL IMPACT:
The City of El Cajon has been awarded $43,000 in funding from the Cal-ID RAN Board.
Approval of this action will increase appropriations in the Police Forensic Laboratory (101321) Fiscal Year 2022-23 Annual Budget, funded by the revenue generated by the program. This action is cost neutral to the General Fund.
Prepared By: Julie Wiley, Sr. Management Analyst
Reviewed By: Mike Moulton, Police Chief
Approved By: Graham Mitchell, City Manager
Attachments
Award Documents
February 18, 2022
San Diego County Sheriffs Regional Crime Laboratory
Jennifer Harmon, Crime Laboratory Director
5590 Overland Avenue
San Diego, California 92123
Dear Ms. Harmon,
Police Department
The El Cajon Police Department Crime Laboratory is requesting for the RAN Board to purchase Mideo Caseworks software. This software is a secure digital evidence management system application that allows for documentation on latent print analysis casework. Comparison of prints can be easily documented with the ACE-V procedures using this software. It satisfies the documentation requirements of ISO17025.
The El Cajon Police Department is working towards including latent print comparison in the scope of accreditation. This software would create a consistent note taking environment that would aid in obtaining accreditation of latent print comparison. It would also allow other agencies to technically review the product produced by the El Cajon Police Department. The cost of this software is $42,950.00.
Thank you for your consideration in this matter.
Sincerely,
Michael Moulton
Chief of Police
City of El Cajon • 100 Civic Center Way • El Cajon, CA 92020 (619) 579-3311 • Fax (619) 444-8312
www.cityofelcajon.us
San Diego County
SHERIFF'S DEPARTMENT -... ,~ ~· • MEMORANDUM/ROUTE SLIP - • • From: Bureau/Division, or Date:
Erica Dobecki Section: Cal-ID/Crime Lab 9/20/2022
Subject:
Request for funding to purchase the Mideo LatentWorks Latent Case Management System for $43,000 for El Cajon Police Department as approved by the San Diego Cal-ID Remote Access Network (RAN Board) on May 6, 2022.
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City Council
Agenda Report
Agenda Item 5.
DATE: December 13, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Michael James, Deputy Director of Public Works - Operations SUBJECT: 2022 Ford F-250 Pickup Truck Purchase
RECOMMENDATION:
That the City Council adopts the next Resolution, in order, to appropriate $60,000 of Vehicle and Equipment Replacement Fund (605595) equity for the purchase of a replacement 2022 Ford F-250 pickup truck.
BACKGROUND:
On November 6, 2022, a Public Works employee, while driving a City vehicle, was hit by a motorist failing to stop at a red light. The vehicle, a 2001 Ford F-150 pickup truck, was damaged beyond repair, and no other vehicles in the City's fleet are available to replace the damaged vehicle.
Staff received three quotes for a replacement 2022 Ford F-250 pickup truck for a total cost of approximately $55,676.80. As a contingency for unforeseen complications, staff recommends a total appropriation of $60,000.
FISCAL IMPACT:
Approval of this action will increase Vehicle and Equipment Replacement Fund (605595) appropriations by $60,000 for the purposes detailed in this report. The City is seeking cost recovery for the replacement of the vehicle from the at-fault driver’s insurance policy or through a limited liability civil case.
Prepared By: Mike James, Deputy Director of Public Works - Operations Reviewed By:
Approved By: Graham Mitchell, City Manager
Attachments
Reso - Purchase of Ford F 250
RESOLUTION NO. ___-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CAJON
APPROVING AN APPROPRIATION
OF FUNDS, WAIVING BIDDING PROCEDURES, AND AUTHORIZING THE PURCHASE OF A 2022 Ford F-250 VEHICLE
WHEREAS on November 6, 2022, a City of El Cajon ("City") vehicle was involved in an accident and damaged beyond repair; and
WHEREAS, City staff received three quotes for a replacement 2022 Ford F -250 to replace the damaged vehicle with the lowest quote for an available vehicle, for a total cost of $55,676.80; and
WHEREAS, without a replacement vehicle provided in a timely manner, Public Works staffing will not be able to accomplish day-to-day operational tasks; and
WHEREAS, City staff recommends that the bidding procedures of El Cajon Municipal Code section 3.20.010 are waived, and the vehicle is purchased as soon as possible; and
WHEREAS, this action will reallocate unspent Fiscal Year 2022-2023 appropriations and authorize additional Fiscal Year 2022 -2023 expenditures from the City's Vehicle Equipment Replacement Fund (605) in the amount of $60,000.00 as a contingency for unforeseen complications; and
WHEREAS, City Council believes it to be in the City 's best interest to appropriate $60,000.00, to waive formal bidding procedures by finding that special circumstances exist, making it in the City's interest to do so, and authorize the expenditure from the City's Vehicle Equipment Replacement Fund to purchase a Ford F-250.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:
1. The above recitals are true and correct, and are the findings of the City Council.
2. The City Council hereby finds that due to the need to replace the vehicle as soon as possible, in order to maintain day -to-day operations in the Public Works Department, it is in the interest of the City to waive the bidding requirements of section
3.20.010 (B), of the El Cajon Municipal Code , as allowed by subdivision (C) (5) of section
3.20.010.
3. The City Council hereby appropriates $60,000.00 from the City's Vehicle Equipment Replacement Fund and authorizes the purchase of a 2022 Ford F-250 replacement vehicle from the dealer with an available vehicle at the lowest price.
12/13/22 CC Agenda
Reso – Approve Purchase of Ford F-250 Vehicle
City Council
Agenda Report
Agenda Item 6.
DATE: December 13, 2022
TO: Honorable Mayor and City Councilmembers
FROM:
SUBJECT: Minimum Wage Update to City Council Policy A-29 RECOMMENDATION:
That the City Council approves and authorizes the minimum wage updates to City Council A-29 Policy for the impacted non-represented part-time/seasonal/temporary classifications.
BACKGROUND:
Effective January 1, 2023, the California minimum wage rate for employers with twenty-six employees or more will be $15.50 per hour. However, effective the same date, the City's largest part-time/seasonal/temporary competitor, the City of San Diego, will increase its minimum wage to $16.30 per hour. As a result, the City is updating the impacted non-represented part-time/seasonal/temporary classifications as outlined in the attached version of the updated City Council A-29 Policy.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
N/A
FISCAL IMPACT:
There is no fiscal impact as these updates were already adopted in the City's 2022-2023 budget.
Prepared By: Marisol Thorn, Director of Human Resources Reviewed By:
Approved By: Graham Mitchell, City Manager
Attachments
A-29 Accepted Changes Version
A-29 Track Changes Version
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
January 1, 2023
PAGE
PURPOSE
To outline in one document the salary and benefits of employees who work in positions not represented by a recognized bargaining group.
A. SALARY – Effective pay period beginning on June 11, 2022
REQUIRED EDUCATION FOR BASE HOURLY RATE:
1. Required education for Unrepresented Management pay ranges Level II must possess one of the following:
Master’s degree directly related to the position with the City, but not required by the classification specification applicable to position; or Current Califo rnia registration certificate as a Professional Civil or Traffic Engineer which is directly related to the position, but not required by the classification specification applicable to the position; or
Current California designation as a Certified Public A ccountant, which is directly related to the position, but not required by the classification specification applicable to the position.
2. Required education for Fire Division Chief pay ranges Level II must possess the following:
Bachelor’s degree in any related field.
EXECUTIVE MANAGEMENT CLASSIFICATION PAY RANGES ARE AS FOLLOWS:
CLASSIFICATION RANGE SALARIED POSITIONS TO BE PAID AT
EQUIVALENT HOURLY RATE
Assistant City Manager
144.5 $101.18 - $123.28
City Clerk 123.0
$59.50 - $72.49
Director of Community Development 134.5
$79.04 - $96.31
PROPOSED CHANGES –
ACCEPTED VERSION
PROPOSED CHANGES -
ACCEPTED VERSION
I
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
January 1, 2023
PAGE
CLASSIFICATION RANGE SALARIED POSITIONS TO BE PAID AT
EQUIVALENT HOURLY RATE
Director of Finance/City Treasurer
134.5
$79.04 - $96.31
Director of Human Resources
133.3
$76.73 - $93.49
Director of Information Technology 133.4 $76.92 - $93.72
Director of Parks and Recreation
132.0
$74.30 - $90.53
Director of Public Works
133.8
$77.70 - $94.66
Fire Chief
140.4
$91.44 - $111.41
Police Chief 148.6
$111.97 - $136.42
UNREPRESENTED MANAGEMENT CLASSIFICATION PAY RANGES ARE AS FOLLOWS:
CLASSIFICATION RANGE SALARIED POSITIONS TO BE PAID AT
EQUIVALENT HOURLY RATE
Administrative Analyst I (City
Manager and Human Resources)
94.4 $29.37 - $35.78
Administrative Analyst II (City
Manager and Human Resources)
96.4 $30.85 - $37.59
Assistant to the City Manager I 116.0 $50.06 - $60.98
Assistant to the City Manager II 118.0 $52.59 - $64.07
Building Official I
122.5
$58.77 - $71.61
Building Official II
124.5
$61.75 - $75.24
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
January 1, 2023
PAGE
CLASSIFICATION RANGE SALARIED POSITIONS TO BE PAID AT
EQUIVALENT HOURLY RATE
City Engineer/Deputy Director of
Public Works I
125.5 $63.29 - $77.12
City Engineer/Deputy Director of
Public Works II
127.5 $66.50 - $81.02
Deputy City Clerk I 98.5
$32.50 - $39.59
Deputy City Clerk II
100.5
$34.14 - $41.60
Deputy Director of Community
Development I
120.7 $56.22 - $68.50
Deputy Director of Community
Development II
122.7 $59.07 - $71.97
Deputy Director of Public Works I
121.6
$57.48 - $70.04
Deputy Director of Public Works II
123.6
$60.39 - $73.58
Deputy Director – Special Projects
(limited assignment; can only be
used for up to six months)
125.6 $63.45 - $77.31
Financial Operations Manager I
122.2
$58.33 - $71.08
Financial Operations Manager II 124.2
$61.29 - $74.67
Fire Division Chief I
127.5
$66.50 - $81.02
Fire Division Chief II 129.5
$69.86 - $85.12
Human Resources Analyst I
104.0
$37.22 - $45.35
Human Resources Analyst II 106.0 $39.10 - $47.64
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
January 1, 2023
PAGE
CLASSIFICATION RANGE SALARIED POSITIONS TO BE PAID AT
EQUIVALENT HOURLY RATE
Information Technology Analyst I
102.4
$35.78 - $43.59
Information Technology Analyst II
104.4
$37.59 - $45.80
Management Analyst I (City Manager
and Human Resources)
102.5 $35.87 - $43.70
Management Analyst II (City
Manager and Human Resources)
104.5 $37.68 - $45.91
Marketing and Engagement Manager I 122.2 $58.33 - $71.08
Marketing and Engagement Manager II 124.2 $61.29 - $74.67
Network Administrator I
109.6
$42.74 - $52.08
Network Administrator II
111.6
$43.81 - $53.38
Parks and Recreation Manager I
115.9
$49.93 - $60.85
Parks and Recreation Manager II
117.9
$52.46 - $63.93
Senior Human Resources Analyst I
111.2
$44.46 - $54.17
Senior Human Resources Analyst II 113.2
$46.71 - $56.91
Senior Management Analyst I
(City Manager and Finance)
111.2 $44.46 - $54.17
Senior Management Analyst II
(City Manager and Finance)
113.2 $46.71 - $56.91
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
January 1, 2023
PAGE
CONFIDENTIAL CLASSIFICATION PAY RANGES ARE AS FOLLOWS:
CLASSIFICATION
RANGE
HOURLY RATE
Confidential Secretary (CM, HR
and Police Chief Administration)
88.0 $25.07 - $30.55
Executive Assistant to the City
Manager/City Attorney
98.1 $32.17 - $39.20
Executive Assistant to the Police
Chief
92.9 $28.30 - $34.48
Information Technology Specialist 93.2
$28.51 - $34.73
Senior Accounting Technician 90.3
$26.54 - $32.33
UNREPRESENTED GENERAL CLASSIFICATION PAY RANGES ARE AS FOLLOWS:
CLASSIFICATION
RANGE
HOURLY RATE
Police Recruit 99.0
$32.90 - $40.08
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
January 1, 2023
PAGE
PART-TIME / SEASONAL/ TEMPORARY (PST) CLASSIFICATIONS ARE AS FOLLOWS:
PST classifications do not receive any benefits described in this policy with the exception of the City contribution to the appropriate retirement plan in lieu of CalPERS/Social Security and sick leave benefits required by Labor Code §233.
Retired Annuitants Only: The salary for a Retired Annuitant must be an hourly pay rate that falls within the regular salary schedule for th e position being filled . Per California Public Employee Retirement Law, a Retired Annuitant cannot receive any other compensation or benefits in addition to the hourly pay rate. Without exception, a maximum of 960 h ours may be worked within a fiscal year (July 1 to June 30). Nonpaid or volunteer hours can not be used in order to exceed 960 hours in a fiscal year. A Retired Annuitant cannot accrue service credit or any additional retirement rights or benefits.
All PST step increases are 2.5% unless noted otherwise; step increases are not automatic and based on merit.
CLASSIFICATION RANGE HOURLY RATE
Administrative Intern 73.9 $17.70 - $21.57
Public Safety Aide
70.6 $16.32 - $19.88
Retired Annuitant Hourly pay rate that falls within the regular salary schedule for the position being filled
CLASSIFICATION RANGE HOURLY RATE
Weed Abatement Inspector 91.3 $27.20 - $33.14
Recreation Specialist (RS) Range @ 2.5% 1 2 3 4 5
RS I 70.6 $ 16.32 $ 16.72 $ 17.14 $ 17.57 $ 18.01 RS II 75.6 $ 18.46 $ 18.92 $ 19.39 $ 19.88 $ 20.38 RS III 80.6 $ 20.89 $ 21.41 $ 21.94 $ 22.49 $ 23.05 RS IV 85.6 $ 23.63 $ 24.22 $ 24.83 $ 25.45 $ 26.08 RS V 90.6 $ 26.74 $ 27.40 $ 28.09 $ 28.79 $ 29.51
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
January 1, 2023
PAGE
B. HEALTH AND WELFARE BENEFITS
1. Cafeteria Plan
The City’s cafeteria plan allotment is for enrollment in any of the City’s CalPERS’ health plans or other eligible benefit programs (e.g., dental, vision, etc.). The cost of the premium for the City’s health plan will be deducted from the employee's cafeteria plan allotment. If there is a difference, the employee will be responsible for the remainder of the premium amount to be paid through payroll deductions. Unused cafeteria plan allotment will be paid out as “cash in lieu”, up to a maximum of $1,150 per month (excludes Police Recruit). For Police Recruit the maximum “cash in lieu” is $287.50 per month. Cash in lieu payments are taxable income and not PERSable.
Any employee who is not enrolled in a City CalPERS health insurance plan, and does not provide proof of enrollment in another group health insurance plan (e.g., coverage under a spouse’s employer plan) within 30 days from the beginning of t he new plan year will not be eligible to receive cash in lieu.
All benefitted employees must enroll in an available City health program unless they opt out.
An employee may receive cash in lieu for opting out of the City’s health program if he/she:
(1) Provides proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out applies (“ tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and
(2) Signs an attestat ion that the employee and his/her tax family have or will have such minimal essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt out payment cannot be made and the City will not in fact make payment if the employer knows or has reason to know that the employee or tax family member doesn’t have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
January 1, 2023
PAGE
The City may modify health insurance benefits or cafeteria plan (including, as to both, but not limited to, plan benefits or structure, City or employee contributions and/or opt out amount or requirements) in order to avoid penalties or taxes under t he ACA or other statutory scheme that may result from an interpretation of the ACA or other statutory scheme by the Internal Revenue Service or other federal agency (including, but not limited to, a revenue ruling, regulation or other guidance) or state agency, or a ruling by a court of competent jurisdiction.
From July 1, 2022 through December 31, 2022, the allotment for the cafeteria plan, excluding Police Recruit, shall be $1,300 per month. Effective January 1, 2023, the amount will increase to $1,350 per month. For Police Recruit, the cafeteria plan allotment shall be $1,3 50 per month from July 1, 2022 through December 31, 2022, then will increase to $1,400 per month effective January 1, 2023.
2. Medical Insurance
The City is continuing the CalPERS’ Health Benefits program that was adopted on January 1, 1986. From the total cafeteria plan allotment, the City will pay to CalPERS the statutorily required minimum employer contribution per month toward the cost of any CalPERS’ health plan that the employee chooses to enroll. The employee agrees to be liable for the difference between the total cost of the health plan chosen and the City’s contribution if he/she elects to obtain coverage under the CalPERS’ health program. This amount shall be included in the total amount of the City’s contribution to the employee’s Section 125 Cafeteria Plan.
Employees who elect not to be covered under the City’s medical insurance plan must have on file with the City a signed waiver of medical benefits. Employees will be prov ided an opportunity to enroll in the City’s medical insurance plan during the designated open enrollment period.
3. Retirement Benefits
All Executive, Unrepresented, and Confidential employees are members of the California Public Employees’ Retirement Syste m (CalPERS). Those employees who are “classic members” as defined under the Public Employees’ Pension Reform Act of 2013 (PEPRA) pay the employee’s share of the retirement cost (8% for Miscellaneous and 9% for Safety Employees), and receive the following contracted benefits:
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
January 1, 2023
PAGE
Miscellaneous Employees
“Classic” Members
Safety Employees
“Classic” Members Hired on or before March 10,
2011 A. 3% at 60 Benefit Formula (§21354.3) A. 3% at 50 Benefit Formula (§21362.2) B. Final Compensation: One Year (§20042) B. Final Compensation: One Year (§20042) C. Prior Service (§20055) C. Prior Service (§20055)
D. [Reserved] D. [Reserved]
E. Additional Service Credit 2 Years (§20903) E. [Reserved] Miscellaneous Employees
“Classic” Members
Safety Employees
“Classic” Members Hired on or before March 10,
2011 F. Unused Sick Leave Credit (§20965) F. Unused Sick Leave Credit (§20965) G. Military Service Credit as Public Service
(§21024)
G. Military Service Credit as Public Service
(§21024)
H. 2% Annual Cost of Living A llowance Increase
(§21329)
H. 2% Annual Cost of Living Allowance Increase
(§21329)
I. Pre-Retirement Death Benefits to Continue After
Remarriage of Survivor (§21551)
I. Pre-Retirement Death Benefits to Continue After
Remarriage of Survivor (§21551)
J. 1959 Survivor Benefit Level Four (§21574) J. 1959 Survivor Benefit Level Three (§21573) K. $5,000 Retired Death Benefit (§21623.5) K. $500 Retired Death Benefit (§21620) L. [Reserved]
L. Post -Retirement Survivor Allowance
(§21624/26/28)
M. [Reserved]
M. Post-Retirement Survivor Allowance to
Continue After Remarriage (§21635)
Local Safety Employees
Hired on or after March 11, 2011
A. 3% at 55 Benefit Formula (§21362.2)
B. Final Compensation: Three Years – Career
Average (§20042)
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
January 1, 2023
PAGE
Those employees who are “new members” as defined under the Public Employees’ Pension Reform Act of 2013 (PEPRA) pay the employee contributions equal to 50% of normal cost (currently 6.25% for Miscellaneous and 12.25% for Safety Employees), and receive the above listed benefits with the exception of the following:
Miscellaneous Employees
“New” Members Hired on or after January 1, 2013
Safety Employees
“New” Members Hired on or after January 1,
2013
A. 2% at 62 Benefit Formula (§7522.20) A. 2.7% at 57 Benefit Formula (§7522.25(d)) B. Final Compensation: Three Years – Career
Average (§20037)
B. Final Compensation: Three Years – Career
Average (§20037)
PST Employees: In lieu of enrollment in the CalPERS’ retirement program, PST employees will be enrolled in an IRS §457 retirement plan. The City contributes 7.5% of the employee’s salary to the IRS §457 plan in lieu of CalPERS and Social Security. PST employees who qualify for membership will be enrolled in the CalPERS retirement program and City contributions to the IRS §457 plan will terminate.
4. Deferred Compensation
All Executive, Unrepresented and Confidential employees are eligible to participate in any of the City’s Internal Revenue Code Section 457 Deferred Compensation Plan(s). Participation is handled through payroll deductions.
The City shall contribute $300 per month ($3,600 per year) in deferred compensation on behalf of the Assistant City Manager to one of the City approved plans as selected by the Assistant City Manager. Amounts contributed by the Ci ty shall be to the benefit of the Assistant City Manager in accordance with the Deferred Compensation Plan participation agreement.
5. Disability Insurance
The City provides Executive Management employees and Unrepresented Management employees with fully paid short-term and long-term disability plans.
Exclusion: Confidential employees, PST employees, and Police Recruit(s) participate in the State Disability Insurance (SDI) Program at their expense.
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6. Life and Accidental Death & Dismemberment (AD&D) Insurance [Applies to City Attorney]
The City provides fully paid life insurance and AD&D to Executive and Unrepresented Management employees in the amount of one and one half times the employee’s annual salary plus $25,000.
The City provides fully paid life insur ance and AD&D to Confidential and benefitted employees in the amount of $25,000.
C. LEAVES
1. Vacation Accrual
All Executive, Unrepresented and Confidential employees shall accrue vacation in accordance with the following schedule:
a. 3.07 hours of vacation acc rued and credited bi -weekly from the date of hire until completion of the 36th month;
b. 4.60 hours of vacation accrued and credited bi -weekly following completion of the 36 th month through the 108th month;
c. 5.52 hours of vacation accrued and credited bi -weekly following completion of the 108 th month through the 156th month;
d. 6.14 hours of vacation accrued and credited bi -weekly following completion of the 156 th month.
New hires in Executive and Unrepresented Management classifications may accrue vacation leave at a rate greater than the entry rate at the discretion of the City Manager. Vacation accrual shall be capped at 620 hours for all executive and unrepresented management employees, and 560 hours for all confidential employees. No employee shall accrue vacation beyond the established cap unless specifically authorized by the City Manager. Employees have the option of 100% cash reimbursement for unused paid vacation at any time provided that they have used at least 80 hours of vacation/administrative leave during the preceding year (26 pay periods).
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2. Administrative Leave
Executive Management (excludes Police Chief, Fire Chief, and Fire Division Chief) employees receive eighty (80) hours administrative leave per year accrued as vacation leave.
The Pol ice Chief, Fire Chief and Fire Division receive one hundred forty (140) hours administrative leave per year accrued as vacation. Unrepresented Management employees receive sixty (60) hours administrative leave per year accrued as vacation leave.
3. Holidays
Executive and Unrepresented Management and Confidential employees (excluding the City Attorney) receive the following paid holidays:
New Years’ Day January 1
Martin Luther King's Birthday Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Admissions Day* September 9 (floating holiday)
Columbus Day* Second Monday in October (floating holiday) Veterans Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Friday after Thanksgiving
Christmas Eve December 24
Christmas Day December 25
New Year’s Eve December 31
And every day proclaimed by the City Council as a public holiday. *Two (2) floating holidays in lieu o f celebrating Columbus Day and Admissions Day. City facilities shall remain open on both days.
Vacation shall accrue and be credited bi-weekly to compensate for the two floating holidays based on regularly scheduled work shift (permanent shift):
5-8 Schedules: 0.62 hours; 9/80 Schedules: 0.69 hours; 4/10 Schedules: 0.77 hours
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City Hall will be closed between the observed Christmas Eve holiday in 2022 and the observed New Years’ Day holiday in 2023. Employee who take this time off must use paid leave for December 27, 28, and 29, 2022.
An EMPLOYEE whose day off falls on an observed City holiday (e.g., Friday holiday) will accrue their regularly scheduled hours of vacation leave.
4. Sick Leave
Executive, Unrepresented and Confidential employees accrue sick leave at the rate of 3.68 hours per bi -weekly pay period. Accrual is unlimited. Part -Time/Seasonal/Temporary employees accrue and use sick leave upon commencement of employment at the rate prescribed by Labor Code § 246. PST employees are entitled to no other leave benefits under this policy.
Sick leave with pay shall be granted to all EMPLOYEES covered by this Policy in accordance with this section. Sick leave shall not be considered as a right which an EMPLOYEE may use at his/her discretion, but shall be allowed only in case of necessity and actual personal sickness or disability or (2) to attend to an illness or injury, including time for scheduled doctor or dentist appointment, of a person who is in the relationships to the employee as described in the California Labor Code §233, which currently includes:
Child Parent Spouse
Grand Child Foster Child Adopted Child
Step Child Legal Ward Child of Domestic Partner
Step Parent Legal Guardian Adoptive Parent
Foster Parent Sibling Parent-in-Law
Grand Parent Registered Domestic Partner Child of Person Standing in Loco Parentis
a. Sick Leave Conversion Privileges
Any EMPLOYEE who has taken 40 hours sick leave or less during the calendar year ending December 30 of each year shall be entitled to eith er convert up to 40 hours of unused sick leave to vacation or receive a cash payment for up to 24 hours, based upon the current compensation rate on an hour-for-hour basis.
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In no event may an EMPLOYEE select a combination of two options or reduce the accumulated sick leave balance below 192 hours. No prorations shall be made for EMPLOYEES terminating on or before December 30 of the calendar year.
b. Unused Sick Leave at Retirement for Health Insurance
For employees hired before July 1, 2013, upon retir ement from City employment within 120 days of separation, for service or disability, an employee may elect to use unused sick leave at its dollar value at retirement (hourly base rate plus any regularly recurring bi-weekly premium pay, i.e., differential pay for Master’s Degrees) to pay health insurance premiums in retirement according to the following schedule:
10 through 14 years of service: 25% of the sick leave balance at retirement;
15 through 19 years of service: 50% of the sick leave balance at retirement;
20 + years of service: 75% of the sick leave balance at retirement.
This benefit will be in addition to the monthly contribution the City makes, as determined by PERS, to the Public Employees’ Retirement System for ret iree health insurance benefits. The supplemental benefits described above shall be used to pay health insurance premiums for the retiree and dependents, if applicable. However, if the employee is deceased before the funds are exhausted, the supplemental benefits shall cease and the remaining funds shall be the City’s property.
The City elects to self -administer this plan at this time. The City will pay the annualized dollar equivalent of the Kaiser two -party health insurance premium once per year in January of each year.
This benefit may be used in combination with service credit for unused sick leave as described in Section C – Health and Welfare Benefits – Retirement Benefits.
5. Bereavement Leave
Up to twenty -four hours special leave with pay may be granted to Executive and Unrepresented Management and Confidential employees in order to discharge the customary obligations arising from the death of a relative who is a member of employee’s household or a parent, step -parent, grandparent, sibling or child of the employe e or the
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employee’s spouse/domestic partner (not required to be a member of the household).
Sixteen (16) additional hours to be charged to sick leave may be approved at the discretion of the City Manager.
6. Military Leave
Any employee who is or becomes a member of the Armed Services, Militia or Organized Reserves of California or the United States shall be entitled to the leaves of absence and employment rights and privileges provided by the Uniformed Services Employment and Reemployment Rights Act ( USERRA) and the Military and Veterans Code of the State of California.
7. Jury and Witness Leave
All Executive, Unrepresented and Confidential employees are entitled to be absent from duty when called to serve as a trial juror or as a witness called by a subpoena before a court of law. Under such circumstances, the EMPLOYEE is paid the difference between full salary and any payment received by them, except travel pay, for such duty.
8. Stand-by Time
The Fire Chief and Fire Division Chief shall receive eight (8) hours of vacation leave for every week he/she is required to participate in the back-up duty chief rotation for Heartland Fire & Rescue. For each holiday occurring during the assigned week, (Saturdays and Sundays are not considered holidays), an additional four (4) hours of vacation will be credited.
D. UNIFORM AND EQUIPMENT ALLOWANCE
The Police Chief, Fire Chief and Fire Division Chief receive an annual uniform and equipment allowance of $675. Yearly distribution will be issued the second paycheck in July.
Newly Hired Police Recruits: The annual uniform and equipment allowance for newly hired Police Recruits shall be $775 per year. The uniform allowance shall be prorated over the twelve month period beginning from the actual hire date to the following J uly 1st. Yearly distribution will be issued the second paycheck in July.
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E. TUITION AND BOOK REIMBURSEMENT
The City provides an allowance of $750 per fiscal year for Executive, Unrepresented and Confidential employees to use to defray the cost of attend ance at seminars, workshops, conferences and/or classes, which promote professional growth. Executive and Unrepresented Management employees may use this allowance for lodging, meals, and other travel expenses.
Executive and Unrepresented Management employees may also use the allowance to cover the costs of membership fees for job related professional associations.
F. OTHER CERTIFICATIONS AND SPECIAL COMPENSATION
1. Notary Public Pay
Positions designated by the department director shall receive Notary Public Pay in the amount of $75/month if he/she is a Notary Public in the State of California. The City shall also pay the cost of bonding of this employee while he/she is serving as Notary Public for the benefit of the City. Employees in designated positions shall perform notary services only as directed by his/her supervisor.
2. Bilingual Pay
Positions designated by the department director shall receive Bilingual Pay in the amount of $120/month if he/she is certified by a language professional, designated by the City, as having suitable skills to provide translation service.
3. Automobile Allowance
Executive Management employees shall be provided a monthly automobile allowance of $300 in exchange for making a vehicle available for his/her own use and for City-related business and/or functions during, before and after normal work hours. The Assistant City Manager shall be provided an additional $100, to total a monthly automobile allowance of $400.
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4. Cellular Telephone Allowance
The Assistant City Manager shall receive as compensation the sum of $120 per month for use as an allowance for his/her cellular telephone service.
5. Technology Allowance
The Assistant City Manager shall be provided with an amount not to exceed $2,500 every two years, beginning with the year of his/her initial appointment, for use to purchase technology equipment such as a personal laptop computer, etc. The payment shall be made upon submission of receipts documenting the purchase(s). The equipment purchased shall become the property of the Assistant City Manager.
6. Non-PERSable Stipend
A non-PERSable stipend of $6,000/Police Chief, $6,000/Fire Chief, and $4,200/Fire Division Chief. One-half of stipend payment to be issued on the second paycheck in July 2022 and one-half issued on the first paycheck in December 2022.
G. RELOCATION ALLOWANCE
The City Manager may authorize an allowance up to $10,000 for relocation expenses to the San Diego area.
Approved by City Council 6/14/22xxxx
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PURPOSE
To outline in one document the salary and benefits of employees who work in positions not represented by a recognized bargaining group.
A. SALARY – Effective pay period beginning on June 11, 2022
REQUIRED EDUCATION FOR BASE HOURLY RATE:
1. Required education for Unrepresented Management pay ranges Level II must possess one of the following:
Master’s degree directly related to the position with the City, but not required by the classification specification applicable to position; or Current Califo rnia registration certificate as a Professional Civil or Traffic Engineer which is directly related to the position, but not required by the classification specification applicable to the position; or
Current California designation as a Certified Public A ccountant, which is directly related to the position, but not required by the classification specification applicable to the position.
2. Required education for Fire Division Chief pay ranges Level II must possess the following:
Bachelor’s degree in any related field.
EXECUTIVE MANAGEMENT CLASSIFICATION PAY RANGES ARE AS FOLLOWS:
CLASSIFICATION RANGE SALARIED POSITIONS TO BE PAID AT
EQUIVALENT HOURLY RATE
Assistant City Manager
144.5 $101.18 - $123.28
City Clerk 123.0
$59.50 - $72.49
Director of Community Development 134.5
$79.04 - $96.31
PROPOSED CHANGES –
TRACK CHANGES
VERSION
PROPOSED CHANGES -
TRACK CHANGES
VERSION
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CLASSIFICATION RANGE SALARIED POSITIONS TO BE PAID AT
EQUIVALENT HOURLY RATE
Director of Finance/City Treasurer
134.5
$79.04 - $96.31
Director of Human Resources
133.3
$76.73 - $93.49
Director of Information Technology 133.4 $76.92 - $93.72
Director of Parks and Recreation
132.0
$74.30 - $90.53
Director of Public Works
133.8
$77.70 - $94.66
Fire Chief
140.4
$91.44 - $111.41
Police Chief 148.6
$111.97 - $136.42
UNREPRESENTED MANAGEMENT CLASSIFICATION PAY RANGES ARE AS FOLLOWS:
CLASSIFICATION RANGE SALARIED POSITIONS TO BE PAID AT
EQUIVALENT HOURLY RATE
Administrative Analyst I (City
Manager and Human Resources)
94.4 $29.37 - $35.78
Administrative Analyst II (City
Manager and Human Resources)
96.4 $30.85 - $37.59
Assistant to the City Manager I 116.0 $50.06 - $60.98
Assistant to the City Manager II 118.0 $52.59 - $64.07
Building Official I
122.5
$58.77 - $71.61
Building Official II
124.5
$61.75 - $75.24
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CLASSIFICATION RANGE SALARIED POSITIONS TO BE PAID AT
EQUIVALENT HOURLY RATE
City Engineer/Deputy Director of
Public Works I
125.5 $63.29 - $77.12
City Engineer/Deputy Director of
Public Works II
127.5 $66.50 - $81.02
Deputy City Clerk I 98.5
$32.50 - $39.59
Deputy City Clerk II
100.5
$34.14 - $41.60
Deputy Director of Community
Development I
120.7 $56.22 - $68.50
Deputy Director of Community
Development II
122.7 $59.07 - $71.97
Deputy Director of Public Works I
121.6
$57.48 - $70.04
Deputy Director of Public Works II
123.6
$60.39 - $73.58
Deputy Director – Special Projects
(limited assignment; can only be
used for up to six months)
125.6 $63.45 - $77.31
Financial Operations Manager I
122.2
$58.33 - $71.08
Financial Operations Manager II 124.2
$61.29 - $74.67
Fire Division Chief I
127.5
$66.50 - $81.02
Fire Division Chief II 129.5
$69.86 - $85.12
Human Resources Analyst I
104.0
$37.22 - $45.35
Human Resources Analyst II 106.0 $39.10 - $47.64
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CLASSIFICATION RANGE SALARIED POSITIONS TO BE PAID AT
EQUIVALENT HOURLY RATE
Information Technology Analyst I
102.4
$35.78 - $43.59
Information Technology Analyst II
104.4
$37.59 - $45.80
Management Analyst I (City Manager
and Human Resources)
102.5 $35.87 - $43.70
Management Analyst II (City
Manager and Human Resources)
104.5 $37.68 - $45.91
Marketing and Engagement Manager I 122.2 $58.33 - $71.08
Marketing and Engagement Manager II 124.2 $61.29 - $74.67
Network Administrator I
109.6
$42.74 - $52.08
Network Administrator II
111.6
$43.81 - $53.38
Parks and Recreation Manager I
115.9
$49.93 - $60.85
Parks and Recreation Manager II
117.9
$52.46 - $63.93
Senior Human Resources Analyst I
111.2
$44.46 - $54.17
Senior Human Resources Analyst II 113.2
$46.71 - $56.91
Senior Management Analyst I
(City Manager and Finance)
111.2 $44.46 - $54.17
Senior Management Analyst II
(City Manager and Finance)
113.2 $46.71 - $56.91
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CONFIDENTIAL CLASSIFICATION PAY RANGES ARE AS FOLLOWS:
CLASSIFICATION
RANGE
HOURLY RATE
Confidential Secretary (CM, HR
and Police Chief Administration)
88.0 $25.07 - $30.55
Executive Assistant to the City
Manager/City Attorney
98.1 $32.17 - $39.20
Executive Assistant to the Police
Chief
92.9 $28.30 - $34.48
Information Technology Specialist 93.2
$28.51 - $34.73
Senior Accounting Technician 90.3
$26.54 - $32.33
UNREPRESENTED GENERAL CLASSIFICATION PAY RANGES ARE AS FOLLOWS:
CLASSIFICATION
RANGE
HOURLY RATE
Police Recruit 99.0
$32.90 - $40.08
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PART-TIME / SEASONAL/ TEMPORARY (PST) CLASSIFICATIONS ARE AS FOLLOWS:
PST classifications do not receive any benefits described in this policy with the exception of the City contribution to the appropriate retirement plan in lieu of CalPERS/Social Security and sick leave benefits required by Labor Code §233.
Retired Annuitants Only: The salary for a Retired Annuitant must be an hourly pay rate that falls within the regular salary schedule for th e position being filled . Per California Public Employee Retirement Law, a Retired Annuitant cannot receive any other compensation or benefits in addition to the hourly pay rate. Without exception, a maximum of 960 h ours may be worked within a fiscal year (July 1 to June 30). Nonpaid or volunteer hours can not be used in order to exceed 960 hours in a fiscal year. A Retired Annuitant cannot accrue service credit or any additional retirement rights or benefits.
All PST step increases are 2.5% unless noted otherwise; step increases are not automatic and based on merit.
CLASSIFICATION RANGE HOURLY RATE
Administrative Intern 73.9 $17.70 - $21.57
Public Safety Aide
68.270.6
$15.38 - $18.74$16.32 - $19.88
Retired Annuitant Hourly pay rate that falls within the regular salary schedule for the position being filled
CLASSIFICATION RANGE HOURLY RATE
Weed Abatement Inspector 91.3 $27.20 - $33.14
Recreation Specialist (RS) Range @ 2.5% 1 2 3 4 5
RS I 70.6 $ 16.32 $ 16.72 $ 17.14 $ 17.57 $ 18.01 RS II 75.6 $ 18.46 $ 18.92 $ 19.39 $ 19.88 $ 20.38 RS III 80.6 $ 20.89 $ 21.41 $ 21.94 $ 22.49 $ 23.05 RS IV 85.6 $ 23.63 $ 24.22 $ 24.83 $ 25.45 $ 26.08 RS V 90.6 $ 26.74 $ 27.40 $ 28.09 $ 28.79 $ 29.51
Recreation
Specialist (RS)
Range
@ 2.5% Step A Step A' Step B Step B' Step C
RS I 68.2 $ 15.38 $ 15.76 $ 16.16 $ 16.56 $ 16.97 I
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RS II 73.2 $ 17.40 $ 17.83 $ 18.28 $ 18.74 $ 19.20 RS III 78.2 $ 19.68 $ 20.18 $ 20.68 $ 21.20 $ 21.73 RS IV 83.2 $ 22.27 $ 22.83 $ 23.40 $ 24.46 $ 25.70 81.0 RS V 89.9 $ 26.28 $ 27.61 $ 29.00 $ 30.47 $ 32.02 89.9 Step B Step C Step D Step E Range
B. HEALTH AND WELFARE BENEFITS
1. Cafeteria Plan
The City’s cafeteria plan allotment is for enrollment in any of the City’s CalPERS’ health plans or other eligible benefit programs (e.g., dental, vision, etc.). The cost of the premium for the City’s health plan will be deducted from the employee's cafeteria plan allotment. If there is a difference, the employee will be responsible for the remainder of the premium amount to be paid through payroll deductions. Unused cafeteria plan allotment will be paid out as “cash in lieu”, up to a maximum of $1,150 per month (excludes Police Recruit). For Police Recruit the maximum “cash in lieu” is $287.50 per month. Cash in lieu payments are taxable income and not PERSable.
Any employee who is not enrolled in a City CalPERS health insurance plan, and does not provide proof of enrollment in another group health insurance plan (e.g., coverage under a spouse’s employer plan) within 30 days from the beginning of t he new plan year will not be eligible to receive cash in lieu.
All benefitted employees must enroll in an available City health program unless they opt out.
An employee may receive cash in lieu for opting out of the City’s health program if he/she:
(1) Provides proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out applies (“ tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and
(2) Signs an attestat ion that the employee and his/her tax family have or will have such minimal essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan
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year. The opt out payment cannot be made and the City will not in fact make payment if the employer knows or has reason to know that the employee or tax family member doesn’t have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.
The City may modify health insurance benefits or cafeteria plan (including, as to both, but not limited to, plan benefits or structure, City or employee contributions and/or opt out amount or requirements) in order to avoid penalties or taxes under t he ACA or other statutory scheme that may result from an interpretation of the ACA or other statutory scheme by the Internal Revenue Service or other federal agency (including, but not limited to, a revenue ruling, regulation or other guidance) or state agency, or a ruling by a court of competent jurisdiction.
From July 1, 2022 through December 31, 2022, the allotment for the cafeteria plan, excluding Police Recruit, shall be $1,300 per month. Effective January 1, 2023, the amount will increase to $1,350 per month. For Police Recruit, the cafeteria plan allotment shall be $1,3 50 per month from July 1, 2022 through December 31, 2022, then will increase to $1,400 per month effective January 1, 2023.
2. Medical Insurance
The City is continuing the CalPERS’ Health Benefits program that was adopted on January 1, 1986. From the total cafeteria plan allotment, the City will pay to CalPERS the statutorily required minimum employer contribution per month toward the cost of any CalPERS’ health plan that the employee chooses to enroll. The employee agrees to be liable for the difference between the total cost of the health plan chosen and the City’s contribution if he/she elects to obtain coverage under the CalPERS’ health program. This amount shall be included in the total amount of the City’s contribution to the employee’s Section 125 Cafeteria Plan.
Employees who elect not to be covered under the City’s medical insurance plan must have on file with the City a signed waiver of medical benefits. Employees will be prov ided an opportunity to enroll in the City’s medical insurance plan during the designated open enrollment period.
3. Retirement Benefits
All Executive, Unrepresented, and Confidential employees are members of the California I
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Public Employees’ Retirement Syste m (CalPERS). Those employees who are “classic members” as defined under the Public Employees’ Pension Reform Act of 2013 (PEPRA) pay the employee’s share of the retirement cost (8% for Miscellaneous and 9% for Safety Employees), and receive the following contracted benefits:
Miscellaneous Employees
“Classic” Members
Safety Employees
“Classic” Members Hired on or before March 10,
2011 A. 3% at 60 Benefit Formula (§21354.3) A. 3% at 50 Benefit Formula (§21362.2) B. Final Compensation: One Year (§20042) B. Final Compensation: One Year (§20042) C. Prior Service (§20055) C. Prior Service (§20055)
D. [Reserved] D. [Reserved]
E. Additional Service Credit 2 Years (§20903) E. [Reserved] Miscellaneous Employees
“Classic” Members
Safety Employees
“Classic” Members Hired on or before March 10,
2011 F. Unused Sick Leave Credit (§20965) F. Unused Sick Leave Credit (§20965) G. Military Service Credit as Public Service
(§21024)
G. Military Service Credit as Public Service
(§21024)
H. 2% Annual Cost of Living A llowance Increase
(§21329)
H. 2% Annual Cost of Living Allowance Increase
(§21329)
I. Pre-Retirement Death Benefits to Continue After
Remarriage of Survivor (§21551)
I. Pre-Retirement Death Benefits to Continue After
Remarriage of Survivor (§21551)
J. 1959 Survivor Benefit Level Four (§21574) J. 1959 Survivor Benefit Level Three (§21573) K. $5,000 Retired Death Benefit (§21623.5) K. $500 Retired Death Benefit (§21620) L. [Reserved]
L. Post -Retirement Survivor Allowance
(§21624/26/28)
M. [Reserved]
M. Post-Retirement Survivor Allowance to
Continue After Remarriage (§21635)
Local Safety Employees
Hired on or after March 11, 2011
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A. 3% at 55 Benefit Formula (§21362.2)
B. Final Compensation: Three Years – Career
Average (§20042)
Those employees who are “new members” as defined under the Public Employees’ Pension Reform Act of 2013 (PEPRA) pay the employee contributions equal to 50% of normal cost (currently 6.25% for Miscellaneous and 12.25% for Safety Employees), and receive the above listed benefits with the exception of the following:
Miscellaneous Employees
“New” Members Hired on or after January 1, 2013
Safety Employees
“New” Members Hired on or after January 1,
2013
A. 2% at 62 Benefit Formula (§7522.20) A. 2.7% at 57 Benefit Formula (§7522.25(d)) B. Final Compensation: Three Years – Career
Average (§20037)
B. Final Compensation: Three Years – Career
Average (§20037)
PST Employees: In lieu of enrollment in the CalPERS’ retirement program, PST employees will be enrolled in an IRS §457 retirement plan. The City contributes 7.5% of the employee’s salary to the IRS §457 plan in lieu of CalPERS and Social Security. PST employees who qualify for membership will be enrolled in the CalPERS retirement program and City contributions to the IRS §457 plan will terminate.
4. Deferred Compensation
All Executive, Unrepresented and Confidential employees are eligible to participate in any of the City’s Internal Revenue Code Section 457 Deferred Compensation Plan(s). Participation is handled through payroll deductions.
The City shall contribute $300 per month ($3,600 per year) in deferred compensation on behalf of the Assistant City Manager to one of the City approved plans as selected by the Assistant City Manager. Amounts contributed by the Ci ty shall be to the benefit of the Assistant City Manager in accordance with the Deferred Compensation Plan participation agreement.
I
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
6/11/2022January
1, 2023
PAGE
5. Disability Insurance
The City provides Executive Management employees and Unrepresented Management employees with fully paid short-term and long-term disability plans.
Exclusion: Confidential employees, PST employees, and Police Recruit(s) participate in the State Disability Insurance (SDI) Program at their expense.
6. Life and Accidental Death & Dismemberment (AD&D) Insurance [Applies to City Attorney]
The City provides fully paid life insurance and AD&D to Executive and Unrepresented Management employees in the amount of one and one half times the employee’s annual salary plus $25,000.
The City provides fully paid life insur ance and AD&D to Confidential and benefitted employees in the amount of $25,000.
C. LEAVES
1. Vacation Accrual
All Executive, Unrepresented and Confidential employees shall accrue vacation in accordance with the following schedule:
a. 3.07 hours of vacation acc rued and credited bi -weekly from the date of hire until completion of the 36th month;
b. 4.60 hours of vacation accrued and credited bi -weekly following completion of the 36 th month through the 108th month;
c. 5.52 hours of vacation accrued and credited bi -weekly following completion of the 108 th month through the 156th month;
d. 6.14 hours of vacation accrued and credited bi -weekly following completion of the 156 th month.
New hires in Executive and Unrepresented Management classifications may accrue vacation leave at a rate greater than the entry rate at the discretion of the City Manager. Vacation accrual shall be capped at 620 hours for all executive and unrepresented management I
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
6/11/2022January
1, 2023
PAGE
employees, and 560 hours for all confidential employees. No employee shall accrue vacation beyond the established cap unless specifically authorized by the City Manager. Employees have the option of 100% cash reimbursement for unused paid vacation at any time provided that they have used at least 80 hours of vacation/administrative leave during the preceding year (26 pay periods).
2. Administrative Leave
Executive Management (excludes Police Chief, Fire Chief, and Fire Division Chief) employees receive eighty (80) hours administrative leave per year accrued as vacation leave.
The Pol ice Chief, Fire Chief and Fire Division receive one hundred forty (140) hours administrative leave per year accrued as vacation. Unrepresented Management employees receive sixty (60) hours administrative leave per year accrued as vacation leave.
3. Holidays
Executive and Unrepresented Management and Confidential employees (excluding the City Attorney) receive the following paid holidays:
New Years’ Day January 1
Martin Luther King's Birthday Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Admissions Day* September 9 (floating holiday)
Columbus Day* Second Monday in October (floating holiday) Veterans Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Friday after Thanksgiving
Christmas Eve December 24
Christmas Day December 25
New Year’s Eve December 31
And every day proclaimed by the City Council as a public holiday. *Two (2) floating holidays in lieu o f celebrating Columbus Day and Admissions Day. City facilities shall remain open on both days.
I
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
6/11/2022January
1, 2023
PAGE
Vacation shall accrue and be credited bi-weekly to compensate for the two floating holidays based on regularly scheduled work shift (permanent shift):
5-8 Schedules: 0.62 hours; 9/80 Schedules: 0.69 hours; 4/10 Schedules: 0.77 hours
City Hall will be closed between the observed Christmas Eve holiday in 2022 and the observed New Years’ Day holiday in 2023. Employee who take this time off must use paid leave for December 27, 28, and 29, 2022.
An EMPLOYEE whose day off falls on an observed City holiday (e.g., Friday holiday) will accrue their regularly scheduled hours of vacation leave.
4. Sick Leave
Executive, Unrepresented and Confidential employees accrue sick leave at the rate of 3.68 hours per bi -weekly pay period. Accrual is unlimited. Part -Time/Seasonal/Temporary employees accrue and use sick leave upon commencement of employment at the rate prescribed by Labor Code § 246. PST employees are entitled to no other leave benefits under this policy.
Sick leave with pay shall be granted to all EMPLOYEES covered by this Policy in accordance with this section. Sick leave shall not be considered as a right which an EMPLOYEE may use at his/her discretion, but shall be allowed only in case of necessity and actual personal sickness or disability or (2) to attend to an illness or injury, including time for scheduled doctor or dentist appointment, of a person who is in the relationships to the employee as described in the California Labor Code §233, which currently includes:
Child Parent Spouse
Grand Child Foster Child Adopted Child
Step Child Legal Ward Child of Domestic Partner
Step Parent Legal Guardian Adoptive Parent
Foster Parent Sibling Parent-in-Law
Grand Parent Registered Domestic Partner Child of Person Standing in Loco Parentis
I
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
6/11/2022January
1, 2023
PAGE
a. Sick Leave Conversion Privileges
Any EMPLOYEE who has taken 40 hours sick leave or less during the calendar year ending December 30 of each year shall be entitled to eith er convert up to 40 hours of unused sick leave to vacation or receive a cash payment for up to 24 hours, based upon the current compensation rate on an hour-for-hour basis.
In no event may an EMPLOYEE select a combination of two options or reduce the accumulated sick leave balance below 192 hours. No prorations shall be made for EMPLOYEES terminating on or before December 30 of the calendar year.
b. Unused Sick Leave at Retirement for Health Insurance
For employees hired before July 1, 2013, upon retir ement from City employment within 120 days of separation, for service or disability, an employee may elect to use unused sick leave at its dollar value at retirement (hourly base rate plus any regularly recurring bi-weekly premium pay, i.e., differential pay for Master’s Degrees) to pay health insurance premiums in retirement according to the following schedule:
10 through 14 years of service: 25% of the sick leave balance at retirement;
15 through 19 years of service: 50% of the sick leave balance at retirement;
20 + years of service: 75% of the sick leave balance at retirement.
This benefit will be in addition to the monthly contribution the City makes, as determined by PERS, to the Public Employees’ Retirement System for ret iree health insurance benefits. The supplemental benefits described above shall be used to pay health insurance premiums for the retiree and dependents, if applicable. However, if the employee is deceased before the funds are exhausted, the supplemental benefits shall cease and the remaining funds shall be the City’s property.
The City elects to self -administer this plan at this time. The City will pay the annualized dollar equivalent of the Kaiser two -party health insurance premium once per year in January of each year.
This benefit may be used in combination with service credit for unused sick leave as described in Section C – Health and Welfare Benefits – Retirement Benefits.
I
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
6/11/2022January
1, 2023
PAGE
5. Bereavement Leave
Up to twenty -four hours special leave with pay may be granted to Executive and Unrepresented Management and Confidential employees in order to discharge the customary obligations arising from the death of a relative who is a member of employee’s household or a parent, step -parent, grandparent, sibling or child of the employe e or the employee’s spouse/domestic partner (not required to be a member of the household).
Sixteen (16) additional hours to be charged to sick leave may be approved at the discretion of the City Manager.
6. Military Leave
Any employee who is or becomes a member of the Armed Services, Militia or Organized Reserves of California or the United States shall be entitled to the leaves of absence and employment rights and privileges provided by the Uniformed Services Employment and Reemployment Rights Act ( USERRA) and the Military and Veterans Code of the State of California.
7. Jury and Witness Leave
All Executive, Unrepresented and Confidential employees are entitled to be absent from duty when called to serve as a trial juror or as a witness called by a subpoena before a court of law. Under such circumstances, the EMPLOYEE is paid the difference between full salary and any payment received by them, except travel pay, for such duty.
8. Stand-by Time
The Fire Chief and Fire Division Chief shall receive eight (8) hours of vacation leave for every week he/she is required to participate in the back-up duty chief rotation for Heartland Fire & Rescue. For each holiday occurring during the assigned week, (Saturdays and Sundays are not considered holidays), an additional four (4) hours of vacation will be credited.
D. UNIFORM AND EQUIPMENT ALLOWANCE
The Police Chief, Fire Chief and Fire Division Chief receive an annual uniform and equipment allowance of $675. Yearly distribution will be issued the second paycheck in July.
I
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
6/11/2022January
1, 2023
PAGE
Newly Hired Police Recruits: The annual uniform and equipment allowance for newly hired Police Recruits shall be $775 per year. The uniform allowance shall be prorated over the twelve month period beginning from the actual hire date to the following J uly 1st. Yearly distribution will be issued the second paycheck in July.
E. TUITION AND BOOK REIMBURSEMENT
The City provides an allowance of $750 per fiscal year for Executive, Unrepresented and Confidential employees to use to defray the cost of attend ance at seminars, workshops, conferences and/or classes, which promote professional growth. Executive and Unrepresented Management employees may use this allowance for lodging, meals, and other travel expenses.
Executive and Unrepresented Management employees may also use the allowance to cover the costs of membership fees for job related professional associations.
F. OTHER CERTIFICATIONS AND SPECIAL COMPENSATION
1. Notary Public Pay
Positions designated by the department director shall receive Notary Public Pay in the amount of $75/month if he/she is a Notary Public in the State of California. The City shall also pay the cost of bonding of this employee while he/she is serving as Notary Public for the benefit of the City. Employees in designated positions shall perform notary services only as directed by his/her supervisor.
2. Bilingual Pay
Positions designated by the department director shall receive Bilingual Pay in the amount of $120/month if he/she is certified by a language professional, designated by the City, as having suitable skills to provide translation service.
3. Automobile Allowance
Executive Management employees shall be provided a monthly automobile allowance of I
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
6/11/2022January
1, 2023
PAGE
$300 in exchange for making a vehicle available for his/her own use and for City-related business and/or functions during, before and after normal work hours. The Assistant City Manager shall be provided an additional $100, to total a monthly automobile allowance of $400.
4. Cellular Telephone Allowance
The Assistant City Manager shall receive as compensation the sum of $120 per month for use as an allowance for his/her cellular telephone service.
5. Technology Allowance
The Assistant City Manager shall be provided with an amount not to exceed $2,500 every two years, beginning with the year of his/her initial appointment, for use to purchase technology equipment such as a personal laptop computer, etc. The payment shall be made upon submission of receipts documenting the purchase(s). The equipment purchased shall become the property of the Assistant City Manager.
6. Non-PERSable Stipend
A non-PERSable stipend of $6,000/Police Chief, $6,000/Fire Chief, and $4,200/Fire Division Chief. One-half of stipend payment to be issued on the second paycheck in July 2022 and one-half issued on the first paycheck in December 2022.
G. RELOCATION ALLOWANCE
The City Manager may authorize an allowance up to $10,000 for relocation expenses to the San Diego area.
I
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
6/11/2022January
1, 2023
PAGE
Approved by City Council 6/14/22
I
City Council
Agenda Report
Agenda Item 7.
DATE: December 13, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Mara Romano, Purchasing Agent
SUBJECT: Contract Amendment for Bid No. 012-22 - Recreation Center Upgrades - Cool Zones & Evacuation Sites
RECOMMENDATION:
That the City Council adopts the next Resolution, in order, to amend the scope of work and increase the compensation for the Public Works Contract with M. Brey Electric, Incorporated (MBEI) for the recreation centers’ HVAC improvements in the not-to-exceed amount of $196,155.47.
BACKGROUND:
On February 22, 2022, the City Council awarded the contract for Recreation Center Upgrades – Cool Zones and Evacuation Sites to the lowest responsive, responsible bidder, MBEI, in the amount of $552,852. This project is funded by the American Rescue Plan Act and includes HVAC improvements at Bostonia and Kennedy Recreation Centers and Fletcher Hills Community Center & Pool.
The additional scope of work includes:
replacing the Fletcher Hills Recreation Center’s failed main system and installing an additional unit feeding the office area; and
replacing two systems at Renette Recreation Center as one system has failed and the other, of the same age, will be replaced. A large crane is required to perform this work; therefore, both units will be replaced simultaneously.
The abovementioned recreation centers were built prior to 1970 and the aging infrastructure will require mechanical, electrical, or structural modifications in the field during construction.
Building conditions are unknown until the contractor removes ceiling work, cuts wall openings, and identifies all electrical circuits.
The requested increase of $196,155.47 includes the additional scope of work specified above and a construction contingency amount of $68,092 ($128,063.47 for unit installations and $68,092 for construction contingency). The contingency amount authorizes staff to address matters immediately, avoid construction delays, and cause any further disruption to the centers as programs have been canceled or diverted to other locations during construction. The total cost of this increase exceeds 25% of the original contract value as established by City Council Policy B-4, thus requiring approval from the City Council.
.!!!!.. Valley of opportu:!!!L
•
•
FISCAL IMPACT:
Approval of the $196,155.47 increase will supplement the current contract, for a total not-to-exceed amount of $749,007.47. Sufficient funds are available in Fiscal Year 2022-23 Annual Budget: Recreation Center Upgrades - Cool Zones And Evacuation Sites (223752PWCP).
Prepared By: Mara Romano, Purchasing Agent
Reviewed By: Yazmin Arellano, Director of Public Works
Approved By: Graham Mitchell, City Manager
Attachments
Resolution
RESOLUTION NO. __
RESOLUTION TO APPROVE AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY OF EL CAJON AND M. BREY ELECTRIC,
INCORPORATED FOR RECREATION CENTER UPGRADES –
COOL ZONES AND EVACUATION SITES
(Bid No. 012-22)
WHEREAS, the Recreation Center Upgrades – Cool Zones and Evacuation Sites project (the "Project") includes installation of HVAC Systems at Bostonia, Kennedy, and Fletcher Hills Recreation Centers in the City of El Cajon (the "City"); and
WHEREAS, on February 22, 2022, the City Council awarded the bid to the sole responsive, responsible bidder, M. Brey Electric, Incorporated, in the amount of $552,852, and approving a contract with M. Brey Electric, Incorporated to perform the Project (the "Contract"); and
WHEREAS, due to the age of the infrastructure, conditions exist that are unknown to the contractor until the contractor removes ceiling work, cuts wall openings and identifies all electrical circuits, City staff now recommends amending the Contract for the purpose of expanding the scope of work to include replacing failed systems at the Fletcher Hills Recreation Center and Renette Recreation Center and increasing the compensation in the not-to-exceed amount of $196,155.47; and
WHEREAS, approval of the $196,155.47 increase will supp lement the current contract amount, for a total not-to-exceed fiscal impact of $749,007.47; and
WHEREAS, sufficient funds are available for the increase in Fiscal Year 2022-23 Annual Budget: Recreation Center Upgrades – Cool Zones and Evacuation Sites; and
WHEREAS, the City Council believes it to be in the best interests of the City to amend the Contract to expand the scope of work and approve the additional not -to- exceed amount of $196,155.47 for the additional work.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:
1. The above recitals are true and correct , and are the findings of the City Council.
2. The City Council hereby approves amending the Contract with M. Brey Electric, Incorporated for expanding the scope of work for the Project and increasing compensation in an amount not to exceed $196,155.47 for such additional work.
3. The City Manager and City Clerk are authorized and directed to execute an amendment to the contract for the Project on behalf of the City of El Cajon, with such changes or amendments as maybe approved by the City Manager.
PASSED AND ADOPTED by the City Council of the City of El Cajon, California, at a Regular Joint City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Meeting held this 13
th day of December 2022, by the following
vote to wit:
12/13/22 CC Agenda
Reso – Bid 012-22 – Amend Rec Ctr Upgrades-Cool Zones & Evac Sites Agt. (M Brey Electric) 111722 City Council
Agenda Report
Agenda Item 8.
DATE: December 13, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Yazmin Arellano, Director of Public of Works
SUBJECT: Subdivision Agreement and Final Map for Tentative Subdivision Map (TSM) 667; 999 Bostonia Street, Engineering Job No. 3591
RECOMMENDATION:
That the City Council:
Approves the Subdivision Agreement and Final Map for Public Improvements for Tentative Subdivision Map (TSM) 667, 999 Bostonia Street, Engineering Job No. 3591;
1. Authorizes the City Manager to execute the agreement and related documentation; and 2.
Authorizes the City Clerk to release bonds after completion of improvements.3.
BACKGROUND:
On June 12, 2018, the City Council approved TSM 667 for an eight-lot subdivision on the east side of Bostonia Street, north of Broadway and south of Coker Way, APN: 484-240-19, via Resolution No. 066-18, subject to conditions. TSM 667 is a seven-unit residential development with one common lot.
All conditions have been satisfied and are guaranteed by the Subdivision Agreement. All fees and securities have been paid. Therefore, the Final Map is ready to be recorded.
FISCAL IMPACT:
None. The property owner has paid all fees.
Prepared By: Jaime Campos
Reviewed By: Yazmin Arellano, Director of Public Works
Approved By: Graham Mitchell, City Manager
Attachments
Final Map
Subdivision Agreement
Performance Bond
Labor and Material Bond
Performance Bond Lot Staking
OWNER'S CERTIFICATE:
WE HEREBY CERTIFY THAT WE ARE THE OWNERS OF OR ARE
INTERESTED IN THE LANO SUBDIVIDED BY THIS MAP ANO THEREBY
CONSENT TO THE PREPARATION ANO RECOROATION OF THIS MAP
CONSISTING OF 3 SHEETS ANO DESCRIBED IN THE CAPTION THEREOF.
WE HEREBY DEDICATE TO THE CITY OF EL CAJON AN EASEMENT FOR
PUBLIC SEWER PURPOSES AS SHOWN ON THE MAP WITH THIS
SUBDIVISION.
WE, "GRANTORS", HEREBY DEDICATE TO THE HELIX WATER DISTRICT , "GRANTEE", AN IRRIGATION DISTRICT ORGANIZED ANO OPERATION
UNDER THE CALIFORNIA IRRIGATION DISTRICT LAW, WATER CODE SECTION 20500, ET SEQ. EASEMENT FOR UNDERGROUND WATER
PIPELINES, METERS, VALVES ANO OTHER ABOVE OR UNDERGROUND APPURTENANT IMPROVEMENTS, AND PAVING OF THE SURFACE. THE IMPROVEMENTS, HEREINAFTER REFERRED TO AS ''THE FACILITIES"
INCLUDE THE RIGHT TO CONSTRUCT, OPERATE, MAINTAIN, REPAIR, AND
REPLACE THE FACILITIES, ANO THE RIGHT OF INGRESS AND EGRESS
FOR SUCH PURPOSES AS SHOWN ON THE MAP WITHIN THIS
SUBDIVISION.
RESERVING UNTO THE GRANTORS THE RIGHT TO USE THE EASEMENT
AREA AT GRANTOR'S OWN RISK, NOT CONFLICTING, INTERFERING, OR
INCONSISTENT WITH GRANTEE'S USE AND SUBJECT TO GRANTEE'S
CURRENT POLICIES AND PROCEDURES, INCLUDING BUT NOT LIMITED TO THE POLICIES AND PROCEDURES RELATING TO ENCROACHMENTS.
GRANTORS SHALL NOT INCREASE OR DECREASE, OR PERMIT TO BE
INCREASED OR DECREASED, THE GROUND ELEVATIONS OF THE
EASEMENT EXISTING AT THE TIME THIS DOCUMENT IS EXECUTED, WITHOUT THE PREVIOUS WRITTEN CONSENT OF GRANTEE. GRANTORS
SHALL NOT USE ANY PAVED AREA FOR STORAGE OR PARKING OF
ABANDONED OR DISABLED VEHICLES, MACHINERY, EQUIPMENT, OR SUPPLIES. GRANTORS SHALL NOT PLANT ANY TREES, CONSTRUCT OR
PERMIT TO BE CONSTRUCTED ANY BUILDING, STRUCTURE, CONCRETE
SLAB, CONCRETE PAYMENT, FENCE OR OTHER ENCROACHMENT UPON
THE EASEMENT WITHOUT THE PREVIOUS WRITTEN CONSENT OF
GRANTEE. SHOULD GRANTORS INSTALL A GATE OR GATES OVER
DISTRICT EASEMENT, GRANTORS SHALL, AT GRANTOR'S EXPENSE,
INSTALL A DISTRICT-APPROVED LOCKING SYSTEM, WHICH WILL ALLOW UNRESTRICTED ACCESS BY DISTRICT, TO DISTRICT FACILITIES. GRANTEE
MAY REMOVE FROM THE EASEMENT ANY TREE, BUILDING, STRUCTURE,
CONCRETE SLAB, CONCRETE PAVEMENT, FENCE OR OTHER
ENCROACHMENT, AND THE COST OF SUCH REMOVAL SHALL BE THE
SOLE RESPONSIBILITY OF GRANTORS, WHO SHALL REIMBURSE GRANTEE FOR SUCH COSTS. IF ANY WATER OR OTHER FACILITIES OF GRANTEE
UNDER ANY CONCRETE PAVEMENT SHOULD NEED TO BE REPAIRED OR
MAINTAINED IN ANY WAY, GRANTORS SHALL REIMBURSE GRANTEE FOR
ALL COSTS INCURRED IN SAWCUTTING, REMOVING AND/OR REPLACING SUCH CONCRETE. GRANTORS MAY USE THE EASEMENT AREA AS A
DRIVEWAY AND TO THE EXTENT OF SUCH USE MAY SURFACE OR HAVE
THE AREA WITH ASPHALT, BUT NOT WITH CONCRETE, SUBJECT TO THE
FOREGOING RESTRICTIONS AS TO CHANGES IN EXISTING GROUND ELEVATION. GRANTORS WAIVE ANY RIGHT UNDER CIVIL CODE SECTION 845, ANO ANY OTHER RIGHT, TO COMPEL GRANTEE TO REPAIR, GRADE,
SURFACE, OR OTHERWISE IMPROVE OR MAINTAIN THE EASEMENT AS A ROADWAY OR PRIVATE RIGHT-OF-WAY. GRANTORS MAY, AT THE SOLE
EXPENSE OF GRANTORS, AND SUBJECT TO GRANTEE'S WRITTEN
CONSENT, RELOCATE GRANTEE'S FACILITIES IN THE EVENT THE
EASEMENT CONFLICTS WITH THE FUTURE DEVELOPMENT OF THEIR
PROPERTY, PROVIDED GRANTORS SHALL NOT CAUSE THE
DISCONTINUANCE OF SERVICE TO ANY AREA BEING SERVED AND
GRANTEE RECEIVES, WITHOUT EXPENSE TO GRANTEE, AN EASEMENT COMPARABLE TO THIS EASEMENT FOR THE RELOCATED FACULTIES.
BOSTONIAN REDEVELOPMENT VENTURES LP., A CALIFORNIA LIMITED
PARTNERSHIP
GREG BROWN, JR. DATE
PRESIDENT
SIGNATURE OMISSION:
THE SIGNATURES OF THE PARTIES LISTED BELOW, OWNERS OF
EASEMENTS AND RIGHTS PER DOCUMENTS LISTED BELOW HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436,
SUBSECTION(a)(3)(A)(i) OF THE SUBDIVISION MAP ACT. THEIR
INTEREST IS SUCH THAT THEY CANNOT RIPEN INTO A FEE TITLE ANO SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY.
NONE.
/DY LAND SURVEYING, INC
2062 CANTA LOMAS
EL CAJON, CA 92019 [email protected]
MAP NO.
TSMNO. 667
THE WEST 255 FEET OF THE NORTH 115 FEET OF THE SOUTH 240 FEET OF LOT 14, BLOCK 15 IN THE SUBDIVISION OF THE "s" TRACT OF RANCHO EL CAJON, IN THE CITY OF EL CAJON, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 355, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 24, 1886. EXCEPTING THEREFROM THE WEST 30 FEET.
GROSS ACREAGE IS ± 0.5942 ACRE
SUBDIVISION GUARANTEE BY: FIRST AMERICAN TITLE COMPANY ORDER NO. DIV-5039270, DATED ___ _ TENTATIVE SUBDIVISION MAP NO. 677 APPROVED BY CITY COUNCIL RESOLUTION NO. 066-18 PLANNED UNIT DEVELOPMENT NO. 346 APPROVED BY CITY COUNCIL RESOLUTION NO. 065-18 PRIVATE IMPROVEMENTS:
CONSTRUCTION OF ON-SITE PRIVATE IMPROVEMENTS SUCH AS STREETS,
SEWERS, WATER AND STORM DRAINS ARE THE RESPONSIBILITY OF THE
DEVELOPER IN ACCORDANCE WITH MUNICIPAL CODE SECTION
17. 10.240-A. THE CITY WILL NOT ISSUE FINAL OCCUPANCY CLEARANCE
OF ALL UNITS UNTIL ALL PRIVATE IMPROVEMENTS REQUIRED BY THE CITY IN ACCORDANCE WITH THE FINAL SITE PLAN ARE CONSTRUCTED.
APPROVAL OF PLANNING COMMISSION:
APPROVED AFTER EXAMINATION OF THE SUBDIVISION ANO MAP
THEREOF.
PLANNING COMMISSION OF THE CITY OF EL CAJON
BY: -S~E~C~R=E=TA~R~Y~---------D~A~T=E~---
C/TY ATTORNEY'S STATEMENT:
APPROVED AS TO FORM:
MORGAN FOLEY
CITY ATTORNEY
DATE
HELIX WATER DISTRICT ACCEPTANCE CERTIFICATE:
PRIVATE IMPROVEMENTS IS TO CERTIFY THAT THE EASEMENT AS
SHOWN ON THIS MAP AND DEDICATED TO THE HELIX WATER DISTRICT
IS HEREBY ACCEPTED BY THE ORDER OF THE BOARD OF DIRECTORS,
BY THE UNDERSIGNED OFFICER ON BEHALF OF THE BOARD OF
DIRECTORS PURSUANT TO THE AUTHORITY CONFERRED BY BOARD
RESOLUTION NO. ___ , ADOPTED ON __________ ,
ANO THE HELIX WATER DISTRICT CONSENTS TO RECORDATION THEREOF BY ITS DULY AUTHORIZED OFFICER.
DATED THIS DAY OF , 2022
BY:
JAMES A. TOMASULO,, DIRECTOR OF ENGINEERING
HELIX WATER DISTRICT
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) S.S.
ON _____ , 2020 BEFORE ME, _________ A
NOTARY PUBLIC, PERSONALLY APPEARED GREG BROWN JR.,
PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS
OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE
NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT ANO
ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN
THEIR AUTHORIZED CAPACITIES, ANO THAT BY THEIR SIGNATURES
ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE
INSTRUMENT.
NOTARY PUBLIC IN ANO FOR SAID COUNTY AND STATE.
PRINT NAME: ---------------
MY PRINCIPAL PLACE OF BUSINESS IS IN SAN DIEGO COUNTY
MY COMMISSION EXPIRES: -----------
SCHOOL DISTRICT FEE ASSESSMENT:
SCHOOL DISTRICT IN THE CITY OF EL CAJON CURRENTLY HAVE
DEVELOPER FEE ASSESSMENT POLICIES. THESE FEES ARE
COLLECTED AT THE TIME OF ISSUANCE OF BUILDING PERMITS.
DIRECTOR OF FINANCE/CITY
TREASURE'S CERTIFICATE:
I, CL.A Y SCHOEN, DIRECTOR OF FINANCE AND CITY TREASURE, CITY
OF EL CAJON, CERTIFY THAT THERE ARE NO LIENS FOR UNPAID
BONDS ISSUED UNDER ANY IMPROVEMENT ACT OF THE STATE OF
CALIFORNIA, SHOWN BY THE BOOKS FOR THIS OFFICE, EXCEPT
TAXES NOT YET PAYABLE AGAINST THE TRACT OR SUBDIVISION, OR
ANY PART THEREOF, SHOWN ON THE ANNEXED MAP ANO
DESCRIBED IN THE CAPTION THEREOF.
CLAY SCHOEN
DIRECTOR OF FINANCE AND
CITY TREASURE
DATE
COUNTY TREASURE/TAX COLLECTOR & DIRECTOR
DEPT. OF PUBLIC WORKS CERTIFICATE:
WE, COUNTY TREASURE/TAX COLLECTOR OF THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA ANO DIRECTOR OF PUBLIC WORKS
OF SAID COUNTY, HEREBY CERTIFY THAT THERE ARE NO UNPAID
SPECIAL ASSESSMENTS OR BONDS WHICH MAY BE PAID IN FULL,
SHOWN BY THE BOOKS OF OUR OFFICES, AGAINST THE TRACT OR
SUBDIVISION, OR ANY PARK THEREOF SHOWN ON THE ANNEXED
MAP AND DESCRIPTION IN THE CAPTION THEREOF.
DAN MCALLISTER BY:
COUNTY TREASURE/TAX COLLECTOR DEPUTY
CITY COUNCIL APPROVAL OF MAP:
I, ANGELA CORTEZ, CITY CLERK OF THE CITY OF EL CAJON,
CERTIFY THAT THE CITY COUNCIL OF THE CITY OF EL CAJON HAS
APPROVED THIS MAP AND HAS ACCEPTED ON BEHALF OF THE
PUBIC THE EASEMENT FOR PUBLIC SEWER PURPOSES AS SHOWN
HEREON.
ANGELA CORTEZ
CLERK OF THE CITY OF CAJON
DRAINAGE/GRADING PLAN
PREPARED BY ALPINE ENGINEERING
PROJECT NO. ______ _
DATE
DRAINAGE AND IMPROVEMENT PLAN DRAWING NO. 5438
CITY OF EL CAJON JOB NO. 3591
SOIL INVESTIGATION REPORT BY ALPINE ENGINEERING
PROJECT NO. ________________ DATEO ___________ _
SHEET 1 OF 4 SHEETS
SURVEYOR'S CERTIFICATE:
I, WILLIAM P. TIPPLE, A LICENSED LAND SURVEYOR IN THE STATE OF
CALIFORNIA, HEREBY STATE THAT THE SURVEY OF THIS SUBDIVISION WAS MADE BY ME OR UNDER MY DIRECTION ON SEPTEMBER 27,
2018 AT THE REQUEST OF BOSTONIAN REDEVELOPMENT VENTURES LP.,
A CALIFORNIA LIMITED PARTNERSHIP, AND SAID SURVEY IS TRUE AND
COMPLETE AS SHOWN, ANO THAT ALL MONUMENTS OF CHARACTER
INDICATED HAVE BEEN FOUND OR SET AT THE SUBDIVISION CORNERS
AND I WILL SET ALL OTHER MONUMENT OF CHARACTER ANO AT THE POSITIONS INDICATED BY THE MONUMENTS NOTES ON SHEET 2 OF THIS MAP WITHIN ONE (1) YEAR OF RECORDATION OF MAP ANO SUCH
MONUMENTS ARE OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. (SEE LEGEND ON SHEET 2)
WILLIAM P. TIPPLE, L.S. 8197 DATE
LICENSE EXPIRES DECEMBER 31, 2022.
CITY ENGINEER'S STATEMENT:
I STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION IS
SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, ANY ANY APPROVED ALTERATIONS THEREOF; THAT ALL THE PROVISIONS OF THE SUBDIVISION MAP ACT AND TITLE 16 OF THE CODE OF THE CITY OF EL CAJON HAVE BEEN COMPLIED WITH.
DATE: ---------------- YAZMIN ARELLANO, P.E., L.S.
DIRECTOR OF PUBLIC WORK OF EL CAJON
R.C.E. 74811, EXP. 06/30/2024
I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT
DATE: J~A~IM~E~A~. ~T,=A~Y~N=o=R,~L~.s~. -7=7~3~0~----- LICENSE EXPIRES DECEMBER 31, 2022
CLERK OF THE BOARD'S CERTIFICATE:
I, DAVID HALL, CLERK OF THE BOARD OF SUPERVISORS, HEREBY
CERTIFY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT (DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE) REGARDING ( a) DEPOSITS FOR TAXES ANO (b) CERTIFICATION OF THE ABSENCE OF LIENS FOR
UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL
ASSESSMENTS COLLECTED AS TAXES EXCEPT THOSE NOT YET PAYABLE, HAVE BEEN COMPLIED WITH.
DAVID HALL
CLERK OF THE BOARD OF SUPERVISORS
DATE: __________ _
BY:
DEPUTY
RECORDER'S CERTIFICATE:
FILE NO. -------
I, GREGORY J. SMITH, COUNTY RECORDER OF THE COUNTY OF SAN
DIEGO CALIFORNIA, HEREBY CERTIFY THAT I HAVE ACCEPTED FOR RECORDATION THIS MAP FILED AT THE REQUEST OF WILLIAM P. TIPPLE THIS __ DAY OF _____ 2022, AT O'CLOCK .M.
ERNEST J. DRONENBURG, JR. BY
COUNTY RECORDER
FEE: $ __ BY.~· _________ _
DEPUTY COUNTY RECORDER
r TSM 667 1 SP 1 PUD 346
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-FOUND WELL MONUMENT
WITH 3" BRASS DISC "LS
2783" PER MAP 8617, ROS
14097 & ROS 22389
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PORTION
1 5
Lo 1
S 1RAC1 RANCflO EL
MAP NO 555
1 A -;-
CAJON
N 89°55'50" E ROS 22579
225.07'
234.07'
51.55'
LOT A
6828 sq. ft.
0. 157 Acres
(PRIVATE STREET)
N 89°55'50" E
55.00'
LOT 6
2502 sq. ft.
0.057 Acres
63.45'
~ '-:::. LOT 2
:s: I· l.v 2777 sq. ft. (0
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OPEN, PER ROS 22579
N 89"55'50" EJ
75_32;..____
' 48.05' •
. 0
0) 0 'S;t-
LOT 3 r---.: I.Cl
- I.Cl - 2763 sq. ft.
0.063 Acres
N 89°54'26" E
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-----------: "-,:. 60.98' 55.00' 61.00' 48.09'
00• ___ ---....:..... 225.07'
-
30. ------ 89"55'50" E N 89"55'50" E
DEED REC. 09/23/2009
2009-530005
FOUND WELL MONUMENT
WITH 3" BRASS DISC &
PUNCH MARK PER ROS
~ 14097 & ROS 22389
-------BROADWAY
JOY LAND SURVEYING, INC
2062 CANTA LOMAS
EL CAJON, CA 92019 WTIPPLE@/DY-LS.COM
PORTION LOY 14
S 1 R A C 1 R A N CIH O EL CA J O N
MAP NO 555
DEED REC. 09/23/2009
2009-530006
DEED REC. 05/23/2014
2014-212475
234.07'
DEED REC. 02/13/1976
1976-42059
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SHEET 2 OF 4 SHEETS
GRAPHIC SCALE
20 0 10 20 40 80
~----~ I I I
( IN FEET }
BASIS OF BEARINGS:
1 INCH = 20 FT.
THE BASIS OF BEARINGS FOR THIS SURVEY IS THE SOUTH LINE OF PARCEL PER RECORD OF SURVEY NO. 22389.
LEGEND:
I
INDICATES FOUND LEAD ANO DISC "LS 8197" PER ROS 22389 . e IND/CA TES FOUND MONUMENT AS NOTED
.A. IND/CA TES FOUND STANDARD STREET MONUMENT AS NOTED
INDICATES MAP BOUNDARY.
MONUMENTATION NOTES:
UNLESS OTHERWISE SHOWN ON THIS MAP, A ¾" X 18" IRON PIPE & DISC STAMPED "LS 8197" OR LEAD & DISC "LS 8197" WILL BE SET AT ALL INTERIOR LOT CORNERS.
NOTES:
1. TOTAL AREA OF MAP IS 0.594 ACRE
2. TOTAL NUMBER OF LOTS = 8
DATA TABLE
DEL TA/BEARING LENGTH RADIUS
Cl 41'17'29" 20.18' 28.00'
C2 45·23'55" 15.85' 20.00'
CJ 45·23'55" 15.85' 20.00'
C4 45'23'55" 15.85' 20.00'
L1 N 41°21'39" W (R) 28.00'
L2 N 45·28'05" w (R) 20.00'
LJ N 44·31'55" E 8.49'
L4 N 89°55'50" E 2.00'
L5 N 44'40'15" W 7.08'
L6 N 45°19'45" E (R)
BROADWAY
TSM 667 SP PUD 346
C)
0 0
0 ®
®
EASEMENTS:
AN EASEMENT FOR FIRE AND RESCUE TO HEARTLAND FIRE DEDICATED HEREON.
AN EASEMENT FOR WATER UTILITIES TO HELIX WATER DISTRICT DEDICATED HEREON.
AN EASEMENT FOR DRAINAGE TO HOMEOWNERS ASSOCIATION
AN EASEMENT FOR SHARE PARKING EASEMENTS FOR LOT 3 & 4
AREA TO BE LANDSCAPED AND HOA MAINTAINED. (SEE SHEET 4) AN EASEMENT FOR SEWER TO CITY OF EL CAJON DEDICATED HEREON.
NOTE:
LOT A IS A NON-BUILDABLE COMMON LOT DESIGNATED FOR INGRESS
AND EGRESS, WATER, SEWER, STORM WATER MANAGEMENT, BMP
MAINTENANCE, LANDSCAPE MAINTENANCE, AND OTHER UTILITY
PURPOSES, FOR THE COMMON USE AND BENEFIT OF LOTS 1-7
INCLUSIVELY. LOTS 1-7 ARE BUILDABLE LOTS.
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N 89'54'27" £
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SCALE: 1 "=20'
DETAIL "A"
30.00'
/
/
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MAP NO.
TSMNO. 667
20 0 10
~----7111 I
~ PORTJON LOT 1-4
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SEE DETAIL "A,. S TRACT RANCflO El CAJON
1vlAP NO 355
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---7
LOT 3 LO
N 89'41'04" W /0 , ~&a
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DATA TABLE
DEL TA/BEARING
41 '17'29"
45·23'55"
45·23'55"
45·23'55"
N 45'28'05" W (R)
N 0'04'10" W
N 89'55'50" E
N 44'40'15" W
S 45·79'45" W (R)
N 89'55'50" E
S 44·31'55" W
LENGTH
20.18'
15.85'
15.85'
15.85'
12.50'
24.00'
7.08'
2.00'
8.49'
RADIUS
28.00'
20.00'
20.00'
20.00·
225.07'
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EASEMENTS:
TSMNO. 667
SHEET 4 OF 4 SHEETS
0 ®
AN EASEMENT FOR DRAINAGE TO HOMEOWNERS ASSOCIATION
AN EASEMENT FOR MAINTENANCE TO HOMEOWNERS ASSOC/A TION
DEDICATED HEREON. 1 .. ·: .·--.::. · .. :j
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TRACT RANCJ-JO EL CA
MAP NO 355
GRAPHIC SCALE 40 /~
10 20 I
10 0 f 1--1 =------ ~ ~-•7111 -( IN FEET )
J O N 1 INCH = lO FT.
_--N 89'55'50" E 225.07' ----
·_:. ·: :1.Q.OG_; .. ·.-:·1 ,... . ·. ; Lr) a N 89"55'50" E l·io(f .·:,.·_.@.:···~·-., ·:~··--' .· .... ·.,· .... . .... ,-. __ ·: .. ' , .. ·.. 1;~N89"55'50"E ...... --,,,-8·79' 1:.-:(d) -;.,·· . .-. ·j .•····.··.•: · · .-.... _ _.. .,... LOT 2 :c 12.47' ··. · .. ~·:". . .-N 89"55'5?" E --.~~ ·. .· .. ,.-···.. . .. : •, .. · .·· N 89'55'5,°" E ~ ·~ 1: .. .-·.:>.:
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. , ... '.-:·.:·:.::-,.·: __ ·~·:· .. ~·:·~-:··~.:· .. ·;; _:.:;:1·--. ·-.~·: :~: ~ :.~·0.·~·1~· ::i .. ·:.:·,· . .-. ·;:· .. ·: ··.· ... · ·.;.···· 55 00 · ._.. · · ' · · · · · · : · · . · · · . · · · · . · . LO · : ·. . ·-61 00 · ·· · .-.,-·•·1·-·· .- . ·':•· .... ·:. --., .. -----c::-c .,.._.---:· .. -.· .. -.. -. -, ,,...,.,....-::-,·_j
48.o9.-_.·· .... : · I/ . . . . ., . . ~ ' .
----
/DY LAND SURVEYING, INC
2062 CANTA LOMAS
EL CAJON, CA 92019 WTIPPLE@/DY-LS.COM
N 89'55'50" E
. . . .. . ... , .. . . . . '. •:. •,. . •, . . . -
PORTJON LOT 14 225.07'
S TRACT RANCJ-JO EL CAJON
1\;JAP NO 555
I TSM 667 T SP T PUD 346
Tentative Subdivision Map No. 667
SUBDIVISION AGREEMENT
(Public Improvements)
(999 Bostonia Street)
(Sage Creek Estates)
THIS AGREEMENT entered into by and between the CITY OF EL CAJON, a California charter city and municipal corporation, hereinafter referred to as "City", and BOSTONIAN REDEVELOPMENT VENTURES, LP, a California limited partnership, hereinafter referred to as "Developer"; and
WHEREAS, Developer, pursuant to the provisions of the Subdivision Map Act of the State of California and Title 16 of the El Cajon Municipal Code, contemplates the filing of Tentative Subdivision Map 667 ("TSM 667") prior to the completion of certain public improvements as shown on the official plans, specifications and detailed drawings on file with the City Engineer of City (the "Improvements"); and
WHEREAS, the City Engineer has estimated the cost of said Improvements to be the sum of FIFTY-NINE THOUSAND EIGHT HUNDRED DOLLARS AND NO CENTS ($59,800.00); and
WHEREAS, Developer has or will post a bond or other form of surety (the "Improvement Security") by a surety company admitted in California and acceptable to City (the "Surety Insurer").
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. That in consideration of the approval of said TSM 667 prior to the completion of the Improvements for said project, Developer hereby covenants and agrees to install and construct the said Improvements in accordance with the official plans, and that said Improvements shall be completed within three (3) years from the date of the recording of the subdivision map by the County Recorder of the County of San Diego.
2. Should Developer fail to complete said Improvements within the time set forth above, City, at its option, has the right to enter onto the property to complete said Improvements.
Should the City exercise such option, it shall be at the expense of Developer, or the City may, in the alternative, hold Developer and the Surety Insurer liable for damages.
3. Developer agrees to furnish and City agrees to release the Improvement Security in accordance with Title 16 of the El Cajon Municipal Code to secure warranty, faithful performance, and payment of labor and materials for said construction and installation. Any surety bonds shall be issued by corporate sureties admitted to do business in California and approved by the City Attorney. The form of said bonds shall be substantially as set forth in Sections 66499.1 and 66499.2 of the Government Code of the State of California.
20?2 S11ndivision1· 7SJ! (i('J Rosloniu\ Nede1·e!o;1me11/ I ·e11111res Ii /ori::011 i !/1(r?,,1) (99() 8osloniU/ S11hdi1·i.1·w11, lg1111 rpuhlic; ()(5]221
4. Developer further agrees to furnish the following surety bonds or cash deposits, if applicable to the project. Any such bonds shall be issued by corporate sureties authorized to do business in California and approved by the City Attorney:
a.
b.
C.
$ 5,400.00 for Lot Staking
$ -0- for installation of Underground Utilities
$ -0- for any deposits or bonds identified in the Resolution approving this project not otherwise in this Agreement.
5. The City or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Developer, its agents or employees in the performance of this Agreement. Developer further agrees to protect and hold harmless City, its elected and appointed officials, officers and employees, from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, acts or omissions of Developer, its agents or employees, in the performance of this Agreement, including claims, demands, causes of action, liability or loss because of, or arising out of, the design or construction of the Improvements, provided, however, that the approved Improvement Security shall not be required to cover the provisions of this paragraph. Said indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision and the Improvements as provided herein, and to adjacent property owners as a consequence of and/or the diversion of waters from the design, construction or maintenance of drainage systems, streets and other improvements. Acceptance by the City of the Improvements shall not constitute an assumption by the City of any responsibility for such damage or taking.
City shall not be an insurer or surety for the design or construction of the subdivision pursuant to the approved improvement plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction of the work or Improvements as specified in this Agreement, except as it may be shown that said officers or employees specifically directed that said work or improvement be accomplished in a manner contrary to the wishes and desires of Developer, and Developer has filed a written objection with the City Engineer prior to commencing said work or improvement.
Provisions of this section shall remain in full force and effect for ten (10) years following substantial completion by the Developer of the Improvements.
6. Developer agrees to file with the City Clerk, at the time this executed agreement is submitted, a certificate of insurance by a company approved by the City Attorney in conformance with City Council policy.
[Remainder of page intentionally left blank]
21122 Suhdh·isiom JS,\/ ()(;7 Bos Ionia.\ Rl'dn'l'lopme11/ r 'enlli!'l's r! lon::011 I f/1(;,;s) rl)()IJ Bos;oniu; S11hdil'i,ion lg1111 (J111hlicJ 0(;]22? IN WITNESS WHEREOF we have this day set our hands and seals.
Date: ________ _ ____ _
CITY OF EL CAJON,
a California charter city
and municipal corporation
By ______________ _
Bill Wells, Mayor
ATTEST:
By ______________ _
Angela L. Cortez, CMC, City Clerk
APPROVED AS TO FORM:
By ____ __________ _
Morgan L. Foley , City Attorney
BOSTONIAN REDEVEWPMENT VENTURES, LP,
a California limited partnership
By: HORIZON HOLDINGS,
By:
aC
It :
n, Secretary/CFO
1012 Subdivisio11.1· 'ISM 667 !3ostonia.\ l<!!dePelo1m1ml 1 ·t!11l11res I/ lnri::rm H/c!f!.,1) /999 Bostonim S11hdil'isi,m .lgn11 /p11h/ic1 /Jf,1221
ALL PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this ce1tificate 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.
ST A TE OF CALIFORNIA )
) SS:
COUNTY OF SAN DIEGO )
On · 17 d0d , before me, ~ye,__~ cc;UfLL. , a Notary Public, personall appeared 1re.c J-1 . , who proved to
me on the basis of satisfactor evi nee 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.
(SEAL)
.2072 Suhdii>isio11.1·· JS,\ I n67 /3osloniu.\· !?edl!velo1//m'11/ / 'e11/11ri!s I I lori::.011 I l/c(!!,.1) (999 l3os/011iu/ S11hdivisio11 ,- /gnu rpuh/icJ 06722]
PERFORMANCE BOND
(Public Improvements)
(999 Bostonia Street)
(Sage Creek Estates)
KNOW ALL MEN BY THESE PRESENTS:
Bond Number: 4458833
Premium: $1,495.00
Tentative Subdivision Map 667
WHEREAS, the City Council of the City of El Cajon, and BOSTONIAN REDEVELOPMENT VENTURES, LP, a California limited partnership, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain public improvements, which said agreement, identified as Subdivision Agreement, Tentative Subdivision Map No. 667, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond providing for the faithful performance of said agreement.
NOW, THEREFORE, we, BOSTONIAN REDEVELOPMENT VENTURES, LP, a California limited partnership, as Principal, and _M_a_rk_el_ln_s_ur_a_nc_e_C_o_m~pa_n~y ________ _ as Surety, are held and firmly bound unto the CITY OF EL CAJON, CALIFORNIA, hereinafter called "Owner", in the penal sum of FIFTY-NINE THOUSAND EIGHT HUNDRED DOLLARS /\ND NO CENTS ($59.800.00). lawful money of the United States of America, for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that if the above bounded Principal, or heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, all within the time and in the true intent and meaning, and shall indemnify and save harmless the City of El Cajon, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement documents or of the work to be performed thereunder, or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
Page I of3
.J/! J.1 \11hdii·i.1io11s IS\ I(,(,·, lins1011iu11 l\!'den'io11/11e,11 I e11111n's (//ori.:011 I flcfu,.1) i!J1)1) /!01/011i(I) l'l'di!l'l11({11ce !io/1(/ f/'11/,/ic) Ir'} I '; ,,
Performance Bond (Public Improvements)
TSM 667
(continued)
IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity and authority to enter into and execute this document on behalf of the above bounden Principal and Surety, and have set their names, titles, and signatures hereon this 14th day of September , 2022.
PRINCIPAL
BOSTONIAN REDEVELOPMENT
VENTURES, I ,P, a California limited pattncrship
Name
By: HORIZ9)<1'J-IOLDINGS,
/ a Calif9Y~orporation, Its Manager
j /2 / =-,=-= - - •~~
rown, President/CEO
By: Grygor M. Brown, Secretary/CFO
565 N. ~agno~h=· a~A~v~c~n~u~c ______ _
Street Address
El Cajon, CA 92020
City, State and Zip Code
(619) 441-1463
Telephone
SURETY ,,,,1111,,,,,
,,, uRANc 11, ,,~'o ...... ($' ,.,.
~ ",•6~P0 ~x. 0-::::--.1 •c; ~- o-:-
Markel Insurance Company ~i{ SEAL ·~~§ ______ ___,,..__,_ ______ ~ L\ /t~ Na e Title ~~ ·•,t<t,J>Jo\"'•·· 'I":$
.;/ ·•-~\••· ~
·~·~·--"--·------
By: rence F, McMahon, Attorney-in-Fact
\J
ame & Title
By: Ta con, Attorney-in-Fact
Name & Title
3131 Camino del Rio North, Suite 1450
Street Address
San Diego, CA 92108
City, State and Zip Code
619-400-4031
Telephone
,,, * ,,, ,,,,,. 1111'''
NOTARY ACKNOWLEDGMENTS OF PRINCIPAL AND SURETY MUST BE ATTACHED.
2/)]l S11hclh'i.1io11s '/,',,\ f 667 fios/011ic111 J?ederdo;mren/ I i!11/wes (/ lori::011 I !l1(r;s) (CJCJCJ 1Jm1011ioJ l'e1/im}l(111ce l30J11! (/'11/,/ic) 0?.) f :''.'
ALL PURPOSE ACKNOWLEDGMENT ----
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this ce1tiflcate is attached, and not the truthfulness, accuracy, or validity of that.document.
STATE OF CALIFORNIA )
) SS:
COUNTY OF SAN DIEGO )
On. q\ \ 'i\1G12__ _, before me, _ _,,,_,>-rx • _, a Notary Public, persona\iy appeared .... G"1..(~DC:\_.M, .. ___ _ _ __, who proved to me on the basis of satisfactory evidence to be the person(!.) whose name(/J~e sub~ed to the within instrument and acknowledged to me that(§}she/thcy executed \he same in~her/their authorized capacity(~, and that by€,her/their s1gnaturc(s) on the instrument the personyQ, or the entity upon behalf of which the person~ acted, executectthe instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
(SEAL)
ALL PURPOSE ACKNOWLEDGMENT -·--·---- .. -·· -----------------· l A notary public or other officer completing this ce1tificate verifies only the identity of the individual who signed the document to which this ce1titicate is attached, and not the truthfulness, accuracy, or validity of that document. - ---------- ----- ·~---~-~,--- --~----~---
STATE OF CAUFORNIA )
) SS:
COUNTY OF SAN DIEGO )
On _ , before me,_____ ., a Notary Public,
personally appeared _____________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ics), 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 certity under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (SEAL)
Puge 3 of3
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego
on September 14, 2022 before me Minna Huovila, Notary Public '------------------(insert name and title of the officer) personally appeared Lawrence F. McMahon
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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal) I ~,~
'.ii.A
• .' \ 1 ,, i313083
JBLIC-CALIFORNIA f.l
:. ,111 DIEGO COUNTY 0
M~ Commission Expires _.
DECEMBER 6, 2023
I • ----------·
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego )
on September 14, 2022 before me, Minna Huovila, Notary Public (insert name and title of the officer)
personally appeared _T_a_r_a_B_a_c_o_n _____________________ _ 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
//·- •• , i, I !'
/ J ',~ / I '~L -~I .
• ' / I l I I • 1 I --f 1 '. : / y Signature · •/ \ 1 1 ,Jl~ V .. uv · · --- r /
(Seal)
MINNA HUOVILA
COMM. #2313883 o
NOTARY PUBLIC-CALIFORNIA en
SAN DIEGO COUNTY ~
My Commission faJ:ires
DECEMBER 6, 2023
POA# 510007
JOINT LIMITED POWER OF ATTORNEY
KNOW All MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State ofTexas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:
Lawrence F. McMahon, Janice Martin, Sarah Myers, Dale G. Harshaw, John R. Qualin, Geoffrey Shelton, Tara Bacon, Minna Huovila, Maria Hallmark Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided; however, that the penal sum of any one such Instrument executed hereunder shall not exceed the sum of:
Fifty Million and 00/100 Dollars ($50,000,000.00)
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel insurance Company:
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which. may be attested or acknowledged·by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 23rd day of June , 2021 • SureTec Insurance Company
Commonwealth of Virginia
County of Henrico SS:
Markel lnsura ce Company
,,.-A.,~
On this 23rd day of Juno, 2021 A. D., before me, a Notary Public of the Commonwealth of Virginia, In and for the County of Henrico, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described In, who executed the preceding Instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed.to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to In the preceding instrument is now in force. , 1 , o 1111 •,, 1 , ,,, p... oorv ,,,
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed m~ti~~lilaa~tliei~~f.of Henrico, the day and year first above written. i Q .,<_1>-?-Y Pu&••,'-'V.->-\
: : 0 <✓ ·.. -
• :< MY 0•, : C-~ ~ _J__
~ O : COMMISSION : "1:: : By: L:::-:-----J --L.~~~
• o ~ NUMBER : --.: : Donna Donavan!, Notary Pub1'1c • ✓,;I. • ;2:: ~ ~ .. ~\ 7083968 / (5 f My commission expires 1/31/2023
.... ,,. 0i;;;; • ...... <~* ......
We, the undersigned Officers of SureTec Insurance Company and Marke!'~sif~~LEff\'~llY ~Q<Aerby certify that the original POWER OF ATTORNEY of which the foregoing Is a full, true and correct copy Is still in full force and effect and h:t ~.~11~ (~v~"d.
IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 14th day of ___ S_e~p_t_e_m_b_e_r_~ __ 2~0~2_2 __ Markel Insurance Company
,,.,..-)~
I /1-u JJ I) 2!~ By: '::Y~fu \ <v c~ V\ /-~~--
Richard R. Grinnan, Vice President anll--Sea ary
Any Instrument Issued In excess of the penalty stated above is totally void and without any validity. 510007 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST.
Bond Number: 4458833
Premium Included In Performance Bond
Tentative Subdivision Map 667
LABOR AND MATERIAL BOND
(Public Improvements)
(999 Bostonia Street)
(Sage Creek Estates)
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City Council of the City of El Cajon, and BOSTONIAN REDEVELOPMENT VENTURES, LP, a California limited partnership, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain public improvements, which said agreement, identified as Subdivision Agreement, Tentative Subdivision Map No. 667, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of El Cajon to secure the claims to which reference is made in Title l (commencing with §8000) of Part 6 of Division 4 of the Civil Code of the State of California.
NOW, THEREFORE, we, BOSTONIAN REDEVELOPMENT VENUTRES, LP, a California limited partnership, as Principal, and _M_a_rk_e_l l_ns_u_ra_nc_e_C_o_m,_pa_n-'-y ________ _ as Surety, are held and firmly bound unto the CITY OF EL CAJON and all contractors, subcontractors, laborers, and other persons employed in the performance of the aforesaid agreement, and referred to in the aforesaid Civil Code, in the penal sum of TWENTY ~NINE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($29,900.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in any judgment rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 1 (commencing with §8000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same, shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.
l of'3
_Jff'} S11/Jdi1·i1·1"111 IS\ I r,r, /!oslc!lliu11 Nl'dc:1·efu;J111<'nl 1 ·rn11tfr'.1 ! I /on~on I l/1(1,;.1) r<;cii) /Jn,1011io! l.11/101 lso111I / /'11hliu o:- Labor and Material Bond (Public Improvements)
TSM 667
(continued)
IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity and authority to enter into and execute this document on behalf of the above bounden Principal and Surety, and have set their names, titles, and signatures hereon this 14th day of September , 2022.
PRINCIPAL
BOSTONIAN REDEVELOPMENT
VENTURES, LP, a California limited partnership
Name
SURETY
~------~ B""-,y: Tara Bacon, Attorney-in-Fact
565 N. Magnolia Avenue
Street Address
El Cajon . CA 92020
City, State and Zip Code
(619) 44 1- 1463
Telephone
Name & Title
3131 Camino del Rio North, Suite 1450
Street Address
San Diego, CA 92108
City, State and Zip Code
619-400-4031
Telephone
NOTARY ACKNOWLEDGMENTS OF PRINCIPAL AND SURETY MUST BE ATTACHED.
lO:! :! .\ubdil'isi o11s 1S.\ f 66.7 fios1011iw1 Ui!c/1.:1'1!!0/)//l/!11/ I imlllffS (/ lol'i::o n I /1,(r:s) (999 /Josloniol l.ubor /Jn11d W11blic) O?:! 12.?
ALL PURPOSE ACKNOWLEDGMENT
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.
ST A TE OF CALIFORNIA )
) SS:
COUNTY OF SAN DIEGO )
~e~s:n1}/4!~ L ~ ~""""-"-=;;.;.._:_,"-"=--=-<-= ----'---'-~ =='-cJ\-'~ '-' , who proved to me on the basis of satisfactory evidence to be the person ~ whose name(f) is are subscribed to the within instrument and acknowledged to me that ~ he/they executed the same in@ her/their authorized capacity ~ , and that by@ her/their signatur e@ on the instrument the person (}1, or the entity upon behalf of which the person(-') 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.
ALEXXANDRlA KAVLI Pl I LR~ON
:; Netary ,uhllt • Callfurnl•
:: ~•n 01,-10 County ~
Cornmt,,1,n I HR 17.I •
11 My ( 1mm . £111 1r ,\ Apr / , 7021
(SEAL)
ALL PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this ce1tificate is attached, and not the truthfulness, accuracy, or validity of that document.
STA TE OF CALIFORNIA )
) SS:
COUNTY OF SAN DlEGO )
On __________ , before me, ______ ________ , a Notary Public, personally appeared _ _ _______ ___ _ _____ ____ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (SEAL)
] ()]] .\11hdil'i.1io11s JS\ I 667 /iosto11ic111 l<t!cl<!1'c!io/llll c:11/ I ·e11/11rt!s ( I lori:o n I lldg1) (999 /Jos/011i(I) I.uhor /Ju11cl (l'11hlit) 07212 2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego
on September 14, 2022 before me Minna Huovila, Notary Public '-------------------(insert name and title of the officer) personally appeared Lawrence F. McMahon
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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ~ (Seal)
ia··· ~ . I , .
MINNA HUOVIL.A I
COMM, #2313883 n
NOTARY PUBLIC-CALIFORNIA Ch
SAN DIEGO COUNTY !2
My Commission Expl,.,
1 DECEMBER 6, 2023 _
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego
on September 14, 2022 before me, Minna Huovila, Notary Public (insert name and title of the officer)
personally appeared _T_a_r_a_Ba_c_o_n ______________________ _ 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
la ti •
I
MINNA HUOVILA I
COMM. #2313883 n
NOTARY PUBLIC-CALIFORNIA Cb
SAN DIEGO COUNTY !2
My Commission Expires
1 DECEMBER 6, 2023 -
POA# 510007
JOINT LIMITED POWER OF ATTORNEY
KNOW All MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:
Lawrence F. McMahon, Janice Martin, Sarah Myers, Dale G. Harshaw, John R. Qualin, Geoffrey Shelton, Tara Bacon, Minna Huovila, Maria Hallmark Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided; however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
Fifty Million and 00/100 Dollars ($50,000,000.00)
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company:
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which_ may be attested or acknowledged-by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 23rd day of June , 2021 • SureTec Insurance Company
Michael C. Keimig, President
Commonwealth of Virginia
County of Henrico SS:
By:
Mark_ el lnsu/Jce Company
I" ~jfv~
R in Russo, Senior Vice President
On this 23rd day of June, 2021 A. D., before me, a Notary Public of the Commonwealth of Virginia, in and for the County of Henrico, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. , , , o • • 1 1',,, 1 ,,, p... OOtv ,,, IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed m~ti~~~Ssa~aH'2e1~(f~f Henrico, the day and year first above written . ...... Q'67~~<?-Y Pu&••.:_,z;,,>.\
: .. 0 <_.,.... •• -
• • < MY 0 • • c~ ~ ...J___
~ 0 f COMMISSION -~ ,q: : Bv: L--::) ~==::::::::1 -
-;: 0 \ NUMBER :';,;;;: : Donna Donavant, Notary Public -:.., '\'•• 7083968 ,.' 0' f My commission expires 1/31/2023 .. .,, o··.. ...•·~ ......
;,. ,'//ld,;c •' " " '' G ~ "
We, the undersigned Officers of SureTec Insurance Company and Markel"~stl'll'lfi'~LEff\li©TIY ~Q~erby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and hJl flQl:1~ 11~ ('1V~"d.
IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 14th day of ___ S_e~p_te_m_b_e_r_~~2=-'0"-'2=2=-- Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510007 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST.
I
MARKEL
April 6, 2020
Bond Obligees
Project Owners
General Contractors
RE: Digital Seal Authority and Enforceability Notice
To whom it may concern:
Due to the current COVID-19 Pandemic, the use of an electronic image of the corporate seal of Markel Insurance Company or SureTec Insurance Company (the "Digital Seal''), and the attachment of the Digital Seal to any surety bond issued by Markel Insurance Company or SureTec Insurance Company is authorized by the company. Markel Insurance Company and SureTec Insurance Company acknowledge and agree that the Digital Seal may be affixed to any surety bond and relied upon to the same extent as if a raised corporate seal was attached to the bond.
Delivery of a digital copy of this Digital Seal Authority and Enforceability Notice, executed electronically, to an Obligee or Obilgee's representative, shall constitute effective execution and delivery of this notice and shall have the same legal effect as a delivery of a tangible original of the notice with my original "wet" signature.
If you require further verification you may call our Home Office Underwriting Center at 1-800-732- 0999 or send a verification request to [email protected].
In Witness Whereof, this has been executed by the Executive Vice President and Chief Underwriting Officer, Su ety for h of Markel Insurance Company and SureTec Insurance Company.
Markel Surety
SureTec Insurance Company I SureTec Indemnity Company I Markel Insurance Company 9737 Great Hills Trail, Suite 320, Austin, TX 78759
www.markel.com
Bond Number: 4458834
Premium: $250.00
Tentative Subdivision Map No. 667
PERFORMANCE BOND FOR LOT STAKING
(Public Improvements)
KNOW ALL MEN BY THESE PRESENTS:
That BOSTONIAN REDEVELOPMENT VENUTRES, LP, a California limited partnership, as PRINCIPAL, and _M_a_rk_e_l l_ns_u_ra_n_ce_C_o_m_,_p_an_,_y--,--____________ _ as SURETY, are held and firmly bound unto the CITY OF EL CAJON, a California municipal corporation, in the penal sum of Fl\lJlJJIQUSAND FOUR HUNDRED DOLLARS AND NQ CENTS ($5,400.00), for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, by these presents.
The condition of the above obligation is such that whereas said Principal has filed with the County Recorder a subdivision map; and
WHEREAS, the certificate of the engineer or surveyor on said map provides that the monuments will be set on or before a specified later date; and WHEREAS, the original subdivider has failed to cause the monuments to be set in the time set forth on said map; and
WHEREAS, the Principal has acquired all rights, title and interest in and to the property where said monuments are to be set, and has agreed to set the monuments within three (3) years from the date of this Agreement, notwithstanding the certificate of the engineer or surveyor; and WHEREAS, the Subdivision Map Act of the State of California (Section 66496 of the Government Code) and Title 16 of the El Cajon Municipal Code require said Principal to file a good and sufficient bond guaranteeing payment of the cost of setting the monuments.
NOW, THEREFORE, if said Principal shall within 30 days after the setting of said final monuments furnish written notice of the setting of all final monuments to the City Engineer of the City of El Cajon, and pay the engineer or surveyor for setting the final monuments, and present evidence of such payment and receipt thereof, together with a request that this bond be released, then this obligation shall cease and be void, otherwise it shall remain in full force and effect.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the work or improvement, or to the time and place for setting final monuments, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the work or improvement, or to the time and place for setting final monuments.
_)((>' S11hdil'i1iom 1S\ I (167 !iosto11iu11 l<.i!dn·i!lo;mwnt I <'nl111·u1· I I fori:.011 I !/c((l_.1} /WY /Jos/011/1/) I of S111kin(l_ //o/l(I (/'11hlic! IF J. I l _, TSM 667
Performance Bond for Lot Staking (Public Improvements)
(continued)
In the event suit is brought upon this bond by the City of El Cajon or by the engineer or surveyor to enforce the terms hereof, the Surety shall pay all costs incurred by the City in such suit, including a reasonable sum for attorney's fees, to be fixed by Order of the Court.
IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity and authority to enter into and execute this document on behalf of the above bounden Principal and Surety, and have set their names, titles, and signatures hereon this 14th day of September , 2022.
PRINCIPAL
BOSTONIAN REDEVELOPMENT
VENTURES, LP. a California limited pattnership
Name
El Cajon, CA 92020
City, State and Zip Code
(619) 441-1463
Telephone
SURETY
Name & Title
3131 Camino del Rio North, Suite 1450
Street Address
San Diggo CA 92108
City, State and Zip Code
619-400-4031
Telephone
NOTARY ACKNOWLEDGMENTS OF PRINCIPAL AND SURETY MUST BE ATTACHED.
_)()LJ S11hclii'i,1ion.1 7SI / 66 ;' fio1·11miu11 i?l'de1·e/op111enl I e11/11res (/ lori::011 f/l1(r:,1) ((){)<) ffostonioJ l.ot ,\/11ki11g !lollil 1!'11b/ic) 1!72 f ,! J
ALL PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) SS:
COUNTY OF SAN DIEGO )
On C\\ \ :l\1iY:L L , before me, {::\\~)(i-Cl~O:ciJ:ep.¥-. ~~~'(5,bf'\ , a Notary Public, personally appeared (;1,~a_'C'\, t,J\. ofDLJ n _____ , who proved to me on the basis of satisfactory evidence to be the person<,1 whose name(¢~re subscribed to the within instrument and acknowledge~. me that@tshe/they executed the same in~er/their authorized capacity~, and that b~her/their signature@ on the instrument the person0, or the entity upon behalf of which the perso~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 hand and official seal.
. AlEXXANO~lA KAYLI ,l Tl~SON
t, ; Not•ry '"hilt c,111,rnl•
,,,., ' San Dl•C• Cot1nty ,
··1 , • Commission# 121~ 17.1
1 • ~
1 My Cemm. (xJ!r@I\ Apr 2, 202.l
(SEAL)
ALL PURPOSE ACKNOWLEDGMENT
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.
STA TE OF CALIFORNIA )
) SS:
COUNTY OF SAN DIEGO )
On _________ , before me, _________________ , a Notary Public, personally appeared ______________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (SEAL)
'i!L' S11hdil'i.1·10111 l\'.\ / 6(5;' !ios/011iu11 Nedcrelo1111w111 I ,,111111·e.1 (I fol'b)// f !lclr,.1') ((}<)9 /',os/oniu) f.01 .\Juking !fond (P11hlic! 1!7 l I].!
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego
on September 14, 2022 before me Minna Huovila, Notary Public '------------------(insert name and title of the officer) personally appeared Lawrence F. McMahon
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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
(Seal)
MINNA HUOVILA
COMM. #2313883
NOTARY PUBLIC-CALIFORNIA n~
SAN 0!EGO COUNTY _.
My Commission E~pint9
DECEMBER 6. 2023
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego
on September 14, 2022 before me, Minna Huovila, Notary Public (insert name and title of the officer)
personally appeared _T_a_r_a_B_a_c_o_n _____________________ _ 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
' /.
I I
/-·", - f I !r . ./ ,y\ / il' .. \ '/ / i ' i~ 1 ;, r , -// ~ .... ..J.
Signature I l ll l,t,~,, 1 <./''t, '" (Seal)
MINNA HUOVIL.A
COMM. #2313883 o
NOTARY PUBLIC-CALIFORNIA cn
SAN DIEGO COUNTY !::?
My Commission Expirtt
DECEMBER 6. 2023
POA# 510007
JOINT LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having Its principal office In the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:
Lawrence F. McMahon, Janice Martin, Sarah Myers, Dale G. Harshaw, John R. Qualin, Geoffrey Shelton, Tara Bacon, Minna Huovlla, Maria Hallmark Their true and lawful agent(s) and attorney(s)-ln-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided; however, that the penal sum of any one such Instrument executed hereunder shall not exceed the sum of:
Fifty Milllon and 00/100 Dollars ($50,000,000.00)
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company:
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which. may be attested or acknowledged-by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 23rd day of June , 2021 • SureTec Insurance Company
Commonwealth of Virginia
County of Henrico SS:
On this 23rd day of Juno, 2021 A. D., before me, a Notary Public of the Commonwealth of Virginia, In and for the County of Henrico, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described In, who executed the preceding Instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to In the preceding instrument is now In force. , , , o • 111,,,,, ,,,,' p,.. DON ,,,, IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed m~'O~~~!i11a~a~1tie1'"v/t~f Henrico, the day and year first above written . ... <'.)~.\ .. ~y p,, • 'A: .. :, Q ,• -<_r· v.s, •--~-:,
: : 0 < ....... ·. .. • :< MY 0•, : ~
: : COMMISSION : : By:\ :-::::::J •o· ·~ b..~ • o ~ NUMBER ." --...; : Donna Donavant, Notary Public \ ¾ \ 7083968 /r§ f My commission expires 1/31/2023
+-
.... ~:··. .-·~.ff .....
We, the undersigned Officers of Surefec Insurance Company and Mark{l"J1Jst:r'r4i{t~L~•i@~y d,ctA~rby certify that the·orlginal POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and hll ~.~11~ (~v~'d.
IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 14th day of ___ S_e~p_t_e_m_b_e_r_~ -~2~0=2=2~_ Any Instrument Issued In excess of the penalty stated above Is totally void and without any validity. 510007 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST.
April 6, 2020
Bond Obligees
Project Owners
General Contractors
RE: Digital Seal Authority and Enforceability Notice
To whom it may concern:
Due to the current COVID-19 Pandemic, the use of an electronic image of the corporate seal of Markel Insurance Company or SureTec Insurance Company (the "Digital Seal''), and the attachment of the Digital Seal to any surety bond issued by Markel Insurance Company or SureTec Insurance Company is authorized by the company. Markel Insurance Company and SureTec Insurance Company acknowledge and agree that the Digital Seal may be affixed to any surety bond and relied upon to the same extent as if a raised corporate seal was attached to the bond.
Delivery of a digital copy of this Digital Seal Authority and Enforceability Notice, executed electronically, to an Obligee or Obilgee's representative, shall constitute effective execution and delivery of this notice and shall have the same legal effect as a delivery of a tangible original of the notice with my original "wet" signature.
If you require further verification you may call our Home Office Underwriting Center at 1-800-732- 0999 or send a verification request to [email protected]..
Markel Surety
SureTec Insurance Company I SureTec Indemnity Company I Markel Insurance Company 9737 Great Hills Trail, Suite 320, Austin, TX 78759
www.markel.com
City Council
Agenda Report
Agenda Item 9.
DATE: December 13, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Yazmin Arellano, Director of Public of Works
SUBJECT: Subdivision Agreement for Public and Private Improvements and Final Map for Tentative Subdivision Map (TSM) No. 2021-0005; 300 El Cajon Boulevard; Engineering Job No. 3757
RECOMMENDATION:
That City Council:
Approves the Final Map and Subdivision Agreement for Public and Private Improvements for Tentative Subdivision Map (TSM) 2021-0005, 300 El Cajon Boulevard, Engineering Job No. 3757;
1. Authorizes the City Manager to execute the agreements and related documentation; and2.
Authorizes the City Clerk to release bonds after completion of improvements.3.
BACKGROUND:
On July 13, 2021, the City Council approved TSM-2021-0005 for a condominium subdivision consisting of 116 residential townhomes by Resolution No. 060-21, subject to conditions. The subdivision is located on the north side of El Cajon Boulevard between West Main Street and South Johnson Avenue in the Transit District Specific Plan area. This project is a home ownership market-rate development, and grading operations are already in progress.
All conditions have been satisfied or are guaranteed by the Subdivision Agreements. All fees and securities have been paid. Therefore, the Final Map is ready to be recorded.
FISCAL IMPACT:
None. The property owner has paid all fees.
Prepared By: Jaime Campos
Reviewed By: Yazmin Arellano, Director of Public Works
Approved By: Graham Mitchell, City Manager
Attachments
Final Map
Subdivision Agreement (Public)
Performance Bond (Public)
Labor and Material Bond (Public)
Lot Staking Bond (Public)
Undergrounding Utilities Bond (Public)
Subdivision Agreement (Private)
Performance Bond (Private)
Labor and Material Bond (Private)
OWNER'S CERTIFICATE
WE HEREBY CERTIFY THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN THE LANDS INCLUDED WITHIN THE SUBDIVISION SHOWN ON THIS MAP WITI IIN TII[ DISTINCTIVE BORDER LINES, AND WE HEREBY CONSENT TO THE PREPARATION ANO RlCORDAIION Of- THIS MAP CONSISTING OF 4 SHEUS AND DESCRIBED IN THE CAPTION THEREOF.
WE HEREBY DEDICATE IN FEE TO THE CITY OF EL CAJON FOR PUBLIC STREET AND UTILITY PURPOSES: THOSE PORTIONS OF EL CAJON GOUIJVARD, AND JOHNSON AVENUE AS SHOWN HEREON.
WE HEREBY GRANT TO THE CITY OF Fl CAJON /\N EASEMENT FOR EMERGENCY VEHICLE INGRESS AND EGRESS.
C!TY VENTURES HOMEBUILDING, I LC, /'. D[LAWARE LIMITrn UABILITv COMPANY.
BY: .
SCOTT HOMAN
CHIEF FINANCIAi OFTICrn
NOTARY ACKNOWLEDGMENT
A NOTA.RY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THF IOFNTITY OF THE INDIVIDUAL WHC SIGNED THE DOCUMENT TO WH!CH THIS CERT:FIC/',TE IS AITACHl:J), ANO NOT THE TRL!'HFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF C/',LIFORt'sllA )
~ ss
COUI\TY j
Of\ N()Ve.mhex·· H,! 2.()1,Q. oEFORE ME, ~snl\?\f ((ht?oeJe\i--------------~ A NOTARY PUBLIC, PERSONALLY APPEARED --~s~·(_lAf'~·~\.l~OVVl_Q._\11 _______ _ ____________________ , WHO PROVED TO ME ON TrlE BASIS
OF SA~ISFl1CTORY EVIDENCE TO BE THE PERSON(i5-) WHOSE NAME(~ IS/A~ SUBSCRIBED TO THE V\/ITI IIN INSTl~UM[NT ANO ACKNOWLEDGE[) TO MF TH/\T HF/SHF/THFY FXFCUTE[) THE SAME IN HIS/Hf'..R/ 111l.JR AU IHORIZED CAPACITY(ll:E), AND THAT BY HIS/H~/TH%R SIGNATURE(&) ON THE ll~STRUtvENT THE PERSON(~. OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(~) ACTED, FXFCUFT1 Tl IF INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE rcom"GOING Pl1RAGRAPI I IS TRUE AND CORRECT.
WIINlSS MY HAND:
(NAME PRINTED)
~-•~t~.--... G_·._~-•-•· . ·. ·.·· .. ··_ .... ·.. 98.30 1Rv1Nc cc,nrn DRIVE ~~-~._}4!!.•~-2.1 IRVINE. CALIFORNIA 9262_il.
. "'" (949)916-.3800
CONSULT!NC,, INC. [email protected]
CIVIL ENGINEERING- 1-----
LAND PLANNING & SURVEYING .wwN.CVC-INC.NET
STATE
MY PRINCIPAL PLACE OF BUSINESS IS
IN ___ COUNTY
k~Y COMMISSION EXPIRES
CITY OF EL CAJON TRACT NO. 2021-0005
BEING A SUBDIVISION OF LOTS 8, 13 THROUGH 21, INCLUSIVE, AND A PORTION OF LOT 9,
ALL OF ADAMS SUBDIVISION, IN THE CITY OF EL CAJON, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NOC. 1761, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 31, 1923.
GRADING AND DRAINAGE PLAN FOR TSM 2021-0005 IS ON FILE WITH THE CITY OF EL CAJON, CITY JOB NO. 3757.
IMPROVEMENT PLAN DRAWING NO. 5440 IS ON FILE WITH THE CITY OF EL CAJON SOILS REPORT BY ALTA CALIFORNIA GEOTECHNICAL INC, PROJECT NO. 1-0315 DATED FEBUARY 27, 2020
ON FILE IN THE CITY ENGINEER'S OFFICE, CITY OF EL CAJON THIS SUBDIVISION IS A CONDOMINIUM PROJECT AS DEFINED IN SECTION 4125 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, IS FILED PURSUANT TO THE SUBDIVISION MAP ACT AND IS APPROVED FOR 116 RESIDENTIAL UNITS ON ONE LOT.
GROSS SUBDIVISION AREA: 5.275 ACRES, APN NO. 487-321-02, 03, 04, 18, 19, 20, 21, 22, & 23 SUBDIVISION GUARANTEE ISSUED BY FIRST AMERICAN TITLE COMPANY ORDER NO. NHSC-6645680, DATED NOVEMBER 2, 2022 CITY COUNCIL RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP NO. 2021-0005 IS 060-21 DATED JULY 13, 2021 CITY COUNCIL RESOLUTION APPROVING SITE DEVELOPMENT PLAN PERMIT NO. 2021-0001 IS 059-21 DATED JULY 13, 2021
CERTIFICATE OF THE DIRECTOR OF FINANCE AND CITY TREASURER I, CLAY SCHOEi~. DIRECTOR OF FINAI\JCE AND CITY TREASURE OF THE C'TY OF EL C/,JON. HEREBY C[f<Tllr THAT THERE ARE NO Lll:.NS fOR Ui\PAID BOI\JDS ISSUU) UNl)U~ ANY IMPROVH,1lNI ACI Of THE STATE Of CALIFORNIA, SHOWN BY THE BOOKS OF THIS OFFICE, EXCEPT TAXES NOT YET PAYABLE AGAINST THF TRACT OR SUBDIVISION OR ANY PART THEREOF, SHOWN ON THE /\NNEXED
MAP AND DESCRIBED IN THE CAPTION THEREOF
CLAY SCHOEN DATE
CITY TREASURER AND DIRECTOR OF FINANCE
COUNTY TREASURER-TAX COLLECTOR &, COUNTY DIRECTOR OF
PUBLIC WORK_$ CERTIFICATE
WE, COUNTY TREASURER-TAX COLLECTOR OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, Al\jD DIRECTOR OF PUBLIC WORKS Or SAID COUNTY, HEREBY Cl:.RllrY !HAT THERE ARf NO UNl'All)
SPECIAL ASSESSMENTS OR BONDS WHICH MAY BE PAID IN FULL, SHOWN BY THE BOOKS OF OUR 01TIC[S, AGAINST THF TR/\CT OR SUBDIVISION, OR ANY P/\RT THFRFOr, SI IOWN ON Tl-IE /\f\lNFXFD MAI) ANQ DESCRIBED IN THE CAPTION THEREOF.
DAN MCALLISTER
COUN IY TREASURER
TAX COLLECTOI~
J[1F C. MONEDA
DIRFCTOR OF PUBLIC
WORKS
l:lY: -------
DErUTY
DATE:
BY: _______ _
FOR DIRECTOR
DATE: _______ _
PLANNING COMMISSION APPROVAL
APPROVED AFTER EXAMINATION OF THIS SUBDIVISION AND l~AP THEREOF
ANTHONY SHUTE
SEC'1ETARY
SCHOOL DISTRICT FEE ASSESSMENT
DATE
SCHOOL DISTRICTS IN THE CITY OF EL CAJON CURRENTLY HAVE DEVELOPER FEE ASSESSMENT POLICIES. THESE FEES /IRE COLLECTED AT Tl I[ Tir✓ E OF iSSJ/\NCE or OUiLDING PERMITS.
CITY COUNCIL APPROVAL OF MAP
!, .ANGELA CORTEZ, CITY CLERI< OF THE CITY OF EL CAJON, CERTIFY THAT THE CITY COUNCIL OF TH[ CITY OF EL CAJON HAS APPROVFD THIS MAP, AI\JD HAS ACCFPTFD ON BEHAL1 OF Tl-IF PURI IC THOSE PORTIONS OF EL CAJON BOULEVARD AND JOHNSON AVEI\JUE DEDIC,l>JED IN FEE TO THE CITY
OF EL CAJON FOR PUBLIC STREET AND UTILITY PURPOSES, AND ALSO HAS ACCEPTED THE GRANT OF EASEMENT FOR EMERGENCY INGRl:.SS AND EGRESS 1:iURl'OSl:.S, ALL AS SHOWN HEREON.
ANGEL.A CORTEZ
CITY CU:.Rl<
DATE
MAP NO.
SHEET 1 OF 4 SHEETS
SURVEYOR'S STATEMENT
I, DANI::. Pc MCDOUGALL, A PROH:.SSIONAL LAND SURVEYOR OF THE STATE Of- CALIFORNIA, HEREBY
CERTIFY THAT THE SURVEY OF THIS SUBDIVISION WAS MADE BY ME OR UNDER MY DIRECTION IN
CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES AT THE REQUEST OF CITY VENTURES HOMEBUILDING, LLC IN DECEMBER 2019 AND SAID SURVEY IS TRUE AND COMPLETE AS SHOWN; THAT MONUMENTS OF THE CHARACTER INDICATED HAVF RrTN SET OR FOUND AT THE POSITIONS INOICAI l:.D, OR WILL BE SET AS NOTED AT THE SUBl)IVISION
BOUNDARY CORNERS AND INDICATED BY THE LEGEND IN THIS MAP WITHIN ONE YEAR OF
RECORDATION, MONUMENTS ARE OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED (SEE MONUMENT NOTES ON SHEET 3). I HEREBY STATE THAT THIS MAP SUBSTANTIALLY CONFORMS
TO THE CONDITIONAILY APPROVED TENTATIVE MAP
1:::-::~
9297
CITY ENGINEER'S STATEMENT
I STATE THAT I HAVl EXAMINED THIS MAP, THAT Tl-IF SUl:ll)IVISION AS SHOWN SUBSTANTIAII_Y
CONFORMS TO THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF, AND THAT THIS MAP CONFORMS WITH THE REQUIREMENTS OF Tl IE SUBDIVISION MAP ACT AND LOCAL ORDINANCE.
MARIO SANCHEZ
CITY ENGINEER, CITY OF EL CAJON
R.C.E. 52/6:.i
DATE
f AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT
MICHAEi. A. H/\VlNl:.R
SURVEY CONSULTANT, CITY OF EL CAJON
P.LS. 7354
CITY ATTORNEY'S STATEMENT
Aflf'ROVED /\S TO FORM
MORGAN L. FOi r'Y, ESQ.
CITY ATTORNr'Y, CITY OF EL CAJON
rJ/\TF
DATE
CLERK OF THE BOARD OF SUPERVISOR'S CERTIFICATE
I, DAVID HALL, CLERK OF THE BOARD OF SUPERVISORS, HEREBY CERTIFY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT (DIVISION OF 2 OF TITLE 7 OF THE GOVERNMENT CODE) REGARDING (A) DEPOSITS FOR TAXES, ANl) (B) CERTIFICATION OF THE /l,BSlNCI:. Or Lll:.NS f-OR UNPAID STATE,
COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES EXCEPT TIIOSE NOT YET PJ\YABLE, HAVE BEEN COMPLIED WITH.
DAVlrJ HAI I Fff ----- ~-·--···"---·---·-
Cl_l:.RK Or I HE BOARD
OF SLPERVISORS
DATE:
i~QUNTY RECORDER'$ ERTiFICATE
:''ILE NO. _________ _
Dl:.PUTY
I, ERNEST J. DRONENBURG JR., COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, HEREBY CERTIFY THAT I HAVE ACCEPTED FOR RECORDATION THIS MAP FILED AT TH1 REQUEST OF Dfl,NE P. MCDOUGALL THIS ___ DAY OF ------~ --~ AT _____ O'CLOCK _M.
ERNEST J. DRONENBURG, -JR.
COUNIY R[CORDER
CE[:$ ---
BY:
DErUTY
TSM 2021 -0005
--------····---·-------------------------------------~==~===~--~--~---
SHEET INDEX
SHEET 3 - PROCEDURE OF SURVEY, MONUMENT NOTES, ESTABLISHMENT NOTES, LEGEND.
SHEET 4 - LOT DETAIL AND EASEMENTS.
DATUM STATEMENT
ALL COORDINATES SHOWN HEREON ARE GRID VALUES BASED ON THE CALIFORNIA COORDINATE_ SYSTEM OF 1983, CCS83, ZONF VI, NORTH AMERICAN DATUM OF 1983, 2010.00 EPOCH, NAD83(2011), IN ACCORDANCE WITH THE CALIFORNIA PUBLIC Rl:SOURCES CODI:_ SFCTIONS 8801-8819. ALL DISTANCES SHOWN HEREON ARE GROUND VALUES IN U.S. SURVEY FEET UNLESS OTHERWISF NOTED. A GENFRALIZED COMBINATION SCALE FACTOR OF 0.99998289 WAS USED FOR THIS PROJECT AT NORTHING 1869435.063, EASTING 6340::i:/:i.107. TO OBTAIN GRID DISTANCES, MULTIPLY GROUND DISTANCES BY THE COMBINATION SCALE FACTOR.
BASIS OF BEARINGS
THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING NORTH 39·42'24" WEST BETWEEN CALIFORNIA SPATIAL REFERENCE CENTER, CSRS, CONTINUOUSLY OPERATING REf-TRFNCE STATIONS, CORS, "p473" AND "P472".
WEST OF THI: Cl:NTRAL
SCALE: NONF
LOT 1
(sa SHEET 3)
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CONVERGENCE ANGLE:
-0-23'43"
CONVERGENCE COORDINATI::
N: 1869435.063
E_: 6340555.107
MERIDIAN
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JOO.JO' (300.23' R;;>)
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N89"35'54"W ..520.84'
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, PORTION OF
~JOHNSON AVENUE
DEDICATED IN FEE HERl:ON
2,518 SF (0.059 AC)
(SE:E SHEET 4)
PROCEDURE OF SURVEY
MAIN STREET N89"3J'28"W (NOO'OO'E R1) 1366.37' (1366.47' ··-· _801.35' (801.77' R2) (80136' R3) (801.11 RS) ___ -~ _ N89"33'28"W 898.05' (898.06' R 1) (898.59' R2) ®
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DEDICATED IN FEE HERE.ON
29,705 Sr (0.682 AC)
(SEE SHEET
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DETAIL "A"
N.T.S.
INDICATES SUBDIVISION BOUI\JDARY
INDICATES EXISTING LOT LiNE
INDICATES EXISTING RIGHT OF-WAY
INDICATES CEI\JTERLINE
INDICATES TIE LINE
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LOT 1
LiNE
( ) - INDICATES RECORD OR CAI_CULATED DATA AS NOTED
M&R- INDICATES RECORD AND MEASURED DATA AS NOTED
R1 - INDICATES RECORD OATA PER MAP NO. 1/61
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R5 - INDIC/\TFS P/\RCFI M/\P NO. /4 5~ 9
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FOUND PUNCHED BR/iSS DISK IN WELL MONUMENT STAMPED "BM CITY ENGR". ACCEPTED /'IS THE CD~TERLINE INTERSECTION OF lv1A!r\J STREET AND CHAMBERS STREET PER R3 AND R4-.
IOUND LFAD, TACK, AND TAG STAMPED "RCE 84-90" PER RS, HELD FOR LiNE.
FOUND LEAD, TACK, AND TAG STAMPED ''LS 2345" PER R2
FOUND I.FAD, AND TACK PER R2.
l·OUND LEAC, TACK, AND TAG STA.MPED
FOUND LEAD, AND !ACK, NU Rl::Jl::.Rl::.NCI:..
778/4« PFR F<?
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10UND 5/8" REBAR PER R2. NOT ACCEPTED, OFF S7T14'47"W 0.30' I-ROM CORNl:.IR.
FOUND LEAD, TACK, AND TAG STAMPED "ACCULINE LS 5717" PER R2. HELD FOR LINE, OFF N89".36'39''W 0.12' FROM CORNER.
@ FOUND 3/4" iRON PIPE WITH TACK, NO TAG. ACCEPTED AS TIIE SOUTHWEST CORNER OF PARCEL 1 OF R5.
@ FOUND 3/4" IRON PIPE WITH PLASTIC PLUG STAMPED ''I_S 5717" P[R R7. li[I D [OR I.INF OF LOT 19/20 OF IR1, OH- N'.J0"0/'10"W 0.10' I-ROM CORNER. •
0 [OUNO LEAD, TACK, AND TAC STAMPED "ACCULII\JE LS 5717", PER R2, HELD FOR LINE.
ESTABLISHED THE WESTERLY Lll~E OF LOTS 1, /-9 Or R1 I-ROM IHI::. CENTERLiNI::. OF JOHNSON AVENUE PER @
INDICATES FOUND MONUMENT AS NOTED.
1NDICI\TES 2'' X 2/4" IRCN PIPE WITH TACK /\1\iD TAC STAMPED "LS 9297" TO BE SET.
ESTABLISHMENT NOTES
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ESTABLISHED AS TI-E NCRTH LINE OF LOTS 1 · 6, 23, /0ND 25 OF RI.
BEST FIT LNE FROM MONUMENTS @ - {]) PER R2.
ESTABLISHED THE NOiRll-lWESTEl~LY RIGHI O· WAY 01- 1::.L CAJON BOULEVAIRD 9.85' NORTHWESTERLY OF @ PER R2 AND R.O.S. 8799.
ESTABLISHED AS THE SOUTHEASTERLY LINE OF LOTS 13-22, 24, AND 25 OF R1 44' SOUTHEASTERLY OF {g PER R2.
© SEARCHED, FOUND NOTHING. ESTABLISHED AT RECORD AND CALCULATED DIST1'.\NCES PER R 1, SEE DETAIL "A" HEREON.
® SEARCHED, FOUNC NOTl·-i'NG. ESTABLISHED BY PROPORTIONATE MEASUREMENT PER R1. lrG:\ V::../ ESTABLISHED CENTERLlf~E OF JOHf~SON AVENUE BY SPLIT OF CURBS, AT 20' dAL.c-WICTH NORT-IFRI y PRO OI\JGATION FITS TO CD
@ SEARCHED, FOUND NOTHING. ESTABLISHED BY INTERSECTION. i SM 2021 -0005
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SCALE: 1" 40' PORTION OF /
JOHNSON AVENUY\-~ DEDICATED IN FE[ HEREON
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LOT DETAIL AND EASEMENTS
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N39"54' 14"E 675.13'
EL CAJON BOULEVARD
MAP NO.
SHEET 4 OF 4 SHEETS
EASEMENT NOTES
0 INDICATFS AN FASFMFNT FOR EMERGENCY VEHICLE INGRESS AND EGRFSS GRANTED TO THE
CITY OF EL CAJON HEREON
INDICATES VARIOUS EASEMENTS DlDICATED TO THE STATE OF CALIFORNIA fOR PUl:JLIC HIGHWAY AND INCIDENTAL PURPOSES PER DOCUMENTS RECORDED: SEPTEMBER 14, 1939 IN BOOK 942, PAGE 279; MAY 27, 1939 IN BOOK 899, PAGE 299; JULY 18, 1939 IN BOOK 91 J, PAGE 469; AUGUSI 12, 1939 IN BOOK 923, PAGE 466; SEPTlMBER 6, 1939 IN BOOK 932, PAGE 235; SEPTEMBER 28, 1939 IN BOOK 949, PAGE 131; APRIL 09, 1940 IN BOOK 1010, PAGE 4?6 AND BOOK 1017, PACE 144, ALL OF OFFICIAi RECORDS.
INDICATES AN EASEMENT DEDICATED TO THE CITY OF EL CAJON FOR PUBLIC STREET AND INCIDFNTAL PURPOSFS RFCORDFD NOVEMBER 16, 1992 AS DOCUMENT NO. 1992-0730927 OF OFFICIAL RECORDS.
HOME OWNER'S ASSOCIATION MAINTENANCE NOTE
ALL AREAS WITH THE EXCEPTION OF THE EXCLUSIVE-USE PRIVAT[ YARDS TO BE MAINTAINED BY THE FUTURE HOME OWN FR'S ASSOCIATION.
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2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Sub Agmt (public) 072122 Tentative Subdivision Map No. 2021-0005
SUBDIVISION AGREEMENT
(Public Improvements)
(300 El Cajon Boulevard)
THIS AGREEMENT entered into by and between the CITY OF EL CAJON, a California charter city and municipal corporation, hereina fter referred to as "City", and CITY VENTURES HOMEBUILDING, LLC , a California limited liability company , hereinafter referred to as "Developer"; and
WHEREAS, Developer, pursuant to the provisions of the Subdivision Map Act of the State of California and Title 16 of the El Cajon Municipal Code, contemplates the filing of Tentative Subdivision Map 2021- 0005 ("TSM 2021-0005") prior to the completion of certain public improvements as shown on the official plans, specifications and detailed drawings on file with the City Engineer of City (the "Improvements"); and
WHEREAS, the City Engineer has estimated the cost of said Improvements to be the sum of THREE HUNDRED FIFTY-TWO T HOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($352,400.00); and
WHEREAS, Developer has or will post a bond or other form of surety (the "Improvement Security") by a surety company admitted in California and acceptable to City (the "Surety Insurer").
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. That in consideration of the approval of said TSM 2021-0005 prior to the completion of the Improvements for said project, Developer hereby covenants and agrees to install and construct the said Improvements in accordance with the official plans, and that said Improvements shall be completed within two (2) years from the date of the recording of the subdivision map by the County Recorder of the County of San Diego.
2. Should Developer fail to complete said Improvements within the time set forth above, City, at its option, has the right to enter onto the property to complete said Improvements.
Should the City exercise such option, it shall be at the expense of Developer, or the City may, in the alternative, hold Developer and the Surety Insurer liable for damages.
3. Developer agrees to furnish and City agrees to release the Improvement Security in accordance with Title 16 of the El Cajon Municipal Code to secure warranty, faithful performance, and payment of labor and materials for said construction and installation. Any surety bonds shall be issued by corporate sureties admitted to do business in California and approved by the City Attorney. The form of said bonds shall be substantially as set forth in sections 66499.1 and 66499.2 of the Government Code of the State of California.
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Sub Agmt (public) 072122 Tentative Subdivision Map No. 2021-0005
(continued)
4. Developer further agrees to furnish the following surety bonds or cash deposits, if applicable to the project. Any such bonds shall be issued by corporate sureties authorized to do business in California and approved by the City Attorney:
a. $ 4,000.00 for Lot Staking
b. $304,750.00 for installation of Underground Utilities
c. $ -0- for any deposits or bonds identified in the Resolution approving this project not otherwise in this Agreement.
5. The City or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Developer, its agents or employees in the performance of this Agreement. Developer further agrees to protect and hold harmless City, its elected and appointed officials, officers and employees, from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, acts or omissions of Developer, its agents or employees, in the performance of this Agreement, including claims, demands, causes of action, liability or loss because of, or arising out of, the design or construction of the Improvements, provided, however, that the approved Improvem ent Security shall not be required to cover the provisions of this paragraph. Said indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision and the Improvements as provided herein, and to adjacent property owners as a consequence of and/or the diversion of waters from the design, construction or maintenance of drainage systems, streets and other improvements. Acceptance by the City of the Improvements shall not constitute an assumption by the City of any responsibility for such damage or taking.
City shall not be an insurer or surety for the design or construction of the subdivision pursuant to the approved improvement plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction of the work or Improvements as specified in this Agreement, except as it may be shown that said officers or employees specifically directed that said work or improvement be accomplished in a manner contrary to the wishes and desires of Developer, and Developer has filed a written objection with the City Engineer prior to commencing said work or improvement.
Provisions of this section shall remain in full force and effect for ten (10) years following substantial completion by the Developer of the Improvements.
6. Developer agrees to file with the City Clerk, at the time this executed agreement is submitted, a certificate of insurance by a company approved by the City Attorney in conformance with City Council policy.
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Sub Agmt (public) 072122 IN WITNESS WHEREOF we have this day set our hands and seals.
Date:
CITY OF EL CAJON, CITY VENTURES HOMEBUILDING, LLC,
a California charter city a Delaware limited liability company and municipal corporation
By: CITY VENTURES COMMUNITIES, LLC,
a Delaware limited liability company,
By Its: Sole Member
Bill Wells, Mayor
By
ATTEST: Scott Holman, Chief Financial Officer
By
Angela L. Cortez, CMC, City Clerk
APPROVED AS TO FORM:
By_________________________________
Morgan L. Foley, City Attorney
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Sub Agmt (public) 072122
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) SS:
COUNTY OF )
On_____________________, before me, ______________________________, a Notary Public, personally appeared_________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (SEAL)
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.
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Performance Bond (Public) 072122
Tentative Subdivision Map 2021-0005
PERFORMANCE BOND
(Public Improvements)
(300 El Cajon Blvd)
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City Council of the City of El Cajon, and CITY VENTURES HOMEBUILDING, LLC, a Delaware limited liability company , hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain public improvements, which said agreement, identified as Subdivision Agreement, Tentative Subdivision Map No. 2021-0005, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond providing for the faithful performance of said agreement.
NOW, THEREFORE, we, CITY VENTURES HOMEBUILDING, LLC, a De laware limited liability company, as Principal, and , as Surety, are held and firmly bound unto the CITY OF EL CAJON, CALIFORNIA, hereinafter called "Owner", in the penal sum THREE HUNDRED FIFTY- TWO THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($352,400.00), lawful money of the United States of America, for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that if the above bounded Principal, or heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, all within the time and in the true intent and meaning, and shall indemnify and save harmless the City of El Cajon, its officers, agents and employees, as therein stipulate d, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable e xpenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement documents or of the work to be performed thereunder, or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Performance Bond (Public) 072122 Performance Bond (Public Improvements)
TSM 2021-0005
(continued)
IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity and authority to enter into and execute this document on behalf of the above bounden Principal and Surety, and have set their names, titles, and signatures hereon this day of , 2022.
PRINCIPAL SURETY
CITY VENTURES HOMEBUILDING, LLC,
a Delaware limited liability company
Name & Title
By: CITY VENTURE COMMUNITIES, LLC
a Delaware limited liability company,
Its: Sole Member By:
Name & Title
By: Scott Homan, Chief Financial Officer By:
Name & Title
3121 Michelson Drive #150
Street Address Street Address
Irvine, CA 92612
City, State and Zip Code City, State and Zip Code
(949) 258-7555
Telephone Telephone
NOTARY ACKNOWLEDGMENTS OF PRINCIPAL AND SURETY MUST BE ATTACHED.
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Performance Bond (Public) 072122
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) SS:
COUNTY OF )
On_____________________, before me, ______________________________, a Notary Public, personally appeared_________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (SEAL)
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) SS:
COUNTY OF )
On_____________________, before me, ______________________________, a Notary Public, personally appeared_________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (SEAL)
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.
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.
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Labor Bond (Public) 072122 Tentative Subdivision Map 2021-0005
LABOR AND MATERIAL BOND
(Public Improvements)
(300 El Cajon Blvd)
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City Council of the City of El Cajon, and CITY VENTURES HOMEBUILDING, LLC, a Delaware limited liability company, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain public improvements, which said agreement, identified as S ubdivision Agreement , Tentative Subdivision Map No. 2021-0005, is hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of El Cajon to secure the claims to which r eference is made in Title 1 (commencing with §8000) of Part 6 of Division 4 of the Civil Code of the State of California.
NOW, THEREFORE, we, CITY VENTURES HOMEBUILDING, LLC, a Del aware limited liability company, as Principal, and , as Surety, are held and firmly bound unto the CITY OF EL CAJON and all contractors, subcontractors, laborers, and other persons employed in the performance of the aforesaid agreement, and referred to in the aforesaid Civil Code, in the penal sum of ONE H UNDRED SEVENTY-SIX THOUSAND TWO HUNDRED DOLLARS AND NO CENTS ($176,200.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City i n successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in any judgment rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 1 (commencing with §8000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same, shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Labor Bond (Public) 072122 Labor and Material Bond (Public Improvements)
TSM 2021-0005
(continued)
IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity and authority to enter into and execute this document on behalf of the above bounden Principal and Surety, and have set their names, titles, and signatures hereon this day of , 2022.
PRINCIPAL SURETY
CITY VENTURES HOMEBUILDING, LLC,
a Delaware limited liability company
Name & Title
By: CITY VENTURE COMMUNITIES, LLC
a Delaware limited liability company,
Its: Sole Member By:
Name & Title
By: Scott Homan, Chief Financial Officer By:
Name & Title
3121 Michelson Drive #150
Street Address Street Address
Irvine, CA 92612
City, State and Zip Code City, State and Zip Code
(949) 258-7555
Telephone Telephone
NOTARY ACKNOWLEDGMENTS OF PRINCIPAL AND SURETY MUST BE ATTACHED.
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Labor Bond (Public) 072122
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) SS:
COUNTY OF )
On_____________________, before me, ______________________________, a Notary Public, personally appeared_________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (SEAL)
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) SS:
COUNTY OF )
On_____________________, before me, ______________________________, a Notary Public, personally appeared_________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s ) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (SEAL)
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.
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.
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding – (300 El Cajon Blvd) Lot Staking Bond 072122 Tentative Subdivision Map No. 2021-0005
PERFORMANCE BOND FOR LOT STAKING
(Public Improvements)
(300 El Cajon Blvd)
KNOW ALL MEN BY THESE PRESENTS:
That CITY VENTURES HOMEBUILDING, LLC, a Delaware limited liability company, as PRINCIPAL, and ,
as SURETY, are held and firmly bound unto the CITY OF EL CAJON, a California municipal corporation, in the penal sum of FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00), for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, by these presents.
The condition of the above obligation is such that whereas said Principal has filed with the County Recorder a subdivision map; and
WHEREAS, the certificate of the engineer or surveyor on said map provides that the monuments will be set on or before a specified later date; and
WHEREAS, the original subdivider has failed to cause the monuments to be set in the time set forth on said map; and
WHEREAS, the Principal has acquired all rights, title and interest in and to the property where said monuments are to be set, and has agreed to set the monuments within two (2) years from the date of this Agreement, notwithstanding the certificate of the engineer or surveyor; and
WHEREAS, the Subdivision Map A ct of the State of California (s ection 66496 of the Government Code) and Title 16 of the El Cajon Municipal Code require said Principal to file a good and sufficient bond guaranteeing payment of the cost of setting the monuments.
NOW, THEREFORE, if said Principal shall within 30 days after the setting of said final monuments furnish written notice of the setting of all final monuments to the City Engineer of the City of El Cajon, and pay the engineer or surveyor for setting the final monuments, and present evidence of such payment and receipt thereof, together with a request that this bond be released, then this obligation shall cease and be void, otherwise it shall remain in full force and effect.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the work or improvement, or to the time and place for setting final monuments, shall in any way affect its obligations on this bond, and it doe s hereby waive notice of any such change, extension of time, alteration, or addition to the work or improvement, or to the time and place for setting final monuments.
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding – (300 El Cajon Blvd) Lot Staking Bond 072122 Performance Bond for Lot Staking (Public Improvements)
TSM 2021-0005
(continued)
In the event suit is brought upon this bond by the City of El Cajon or by the engineer or surveyor to enforce the terms hereof, the Surety shall pay all costs incurred by the City in such suit, including a reasonable sum for attorney's fees, to be fixed by Order of the Court.
IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity and authority to enter into and execute this document on behalf of the above bounden Principal and Surety, and have set their names, titles, and signatures hereon this day of , 2022.
PRINCIPAL SURETY
CITY VENTURES HOMEBUILDING, LLC,
a Delaware limited liability company
Name & Title
By: CITY VENTURE COMMUNITIES, LLC
a Delaware limited liability company,
Its: Sole Member By:
Name & Title
By: Scott Homan, Chief Financial Officer By:
Name & Title
3121 Michelson Drive #150
Street Address Street Address
Irvine, CA 92612
City, State and Zip Code City, State and Zip Code
(949) 258-7555
Telephone Telephone
NOTARY ACKNOWLEDGMENTS OF PRINCIPAL AND SURETY MUST BE ATTACHED.
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding – (300 El Cajon Blvd) Lot Staking Bond 072122
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) SS:
COUNTY OF )
On_____________________, before me, ______________________________, a Notary Public, personally appeared_________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s ), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (SEAL)
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) SS:
COUNTY OF )
On_____________________, before me, ______________________________, a Notary Public, personally appeared_________________________________________________, who pr oved 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 sig nature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (SEAL)
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.
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.
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Undergrounding Utilities Bond 072122
Tentative Subdivision Map 2021-0005
PERFORMANCE BOND FOR UNDERGROUNDING OF UTILITIES
(Public Improvements)
(300 El Cajon Boulevard)
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City Council of the City of El Cajon, and CITY VENTURES HOMEBUILDING, LLC, a Delaware limited liability company, hereinafter designated as "Principal", have entered into an agreement whereby Principal agrees to install and complete certain public improvements, including undergrounding of utilities, which said agreement, identified as Subdivision Agreement, T entative Subdivision Map No. 2021-0005, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond providing for the faithful performance of said agreement.
NOW, THEREFORE, we , CITY VENTURES HOMEBUILDING, LLC, a Delaware limited liability company, as Principal, and
as Surety, are held and firmly bound unto the CITY OF EL CAJON, CALIFORNIA, hereinafter called "Owner", in the penal sum o f THREE HUNDRED FOUR THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND NO CENT S ($304,750.00), lawful money of the United States of America, for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that if the above bounded Principal, or heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, all within the time and in the true intent and meaning, and shall indemnify and save harmless the City of El Cajon, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement documents or of the work to be performed thereunder, or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Undergrounding Utilities Bond 072122
TSM No. 2021-0005
Performance Bond for Undergrounding Utilities
(continued)
IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity and authority to enter into and execute this document on behalf of the above bounden Principal and Surety, and have set their names, titles, and signatures hereon this day of , 2022.
PRINCIPAL SURETY
CITY VENTURES HOMEBUILDING, LLC,
a Delaware limited liability company
Name & Title
By: CITY VENTURE COMMUNITIES, LLC
a Delaware limited liability company,
Its: Sole Member By:
Name & Title
By: Scott Homan, Chief Financial Officer By:
Name & Title
3121 Michelson Drive #150
Street Address Street Address
Irvine, CA 92612
City, State and Zip Code City, State and Zip Code
(949) 258-7555
Telephone Telephone
NOTARY ACKNOWLEDGMENTS OF PRINCIPAL AND SURETY MUST BE ATTACHED.
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Undergrounding Utilities Bond 072122
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) SS:
COUNTY OF )
On_____________________, before me, ______________________________, a Notary Public, personally appeared_________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (SEAL)
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) SS:
COUNTY OF )
On_____________________, before me, ______________________________, a Notary Public, personally appeared_________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the i nstrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (SEAL)
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.
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.
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Sub Agmt (private) 111722 Tentative Subdivision Map No. 2021-0005
SUBDIVISION AGREEMENT
(Private Improvements)
(300 El Cajon Boulevard)
THIS AGREEMENT entered into by and between the CITY OF EL CAJON, a California charter city and municipal corporation, hereina fter referred to as "City", and CITY VENTURES HOMEBUILDING, LLC , a California limited liability company , hereinafter referred to as "Developer"; and
WHEREAS, Developer, pursuant to the provisions of the Subdivision Map Act of the State of California and Title 16 of the El Cajon Municipal Code, contemplates the filing of Tentative Subdivision Map 2021- 0005 ("TSM 2021-0005") prior to the completion of certain private improvements as shown on the official plans, specifications and detailed drawings on file with the City Engineer of City (the "Improvements"); and
WHEREAS, the conditions of TSM 2021-0005 also require the Principal to complete the Improvements prior to map approval, but further provides that if the Principal will build the residential units contemplated by TSM 2021-0005 in phases the Principal can also obtain map approval prior to completion of the Improvements if it secures the construction of the Improvements by furnishing a bond providing for the faithful performance in completing the Improvements, with an acceptable guarantee of completion of the Improvements; and
WHEREAS, the City Engineer has estimated the cost of said Improvements to be the sum of ONE MILLION FOUR HUNDRED SEVENTEEN THOUS AND NINE HUNDRED DOLLARS AND NO CENTS ($1,417,900.00); and
WHEREAS, Developer has or will post a bond or other form of surety (the "Improvement Security") by a surety company admitted in California and acceptable to City (the "Surety Insurer").
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. That in consideration of the approval of said TSM 2021-0005 prior to the completion of the Improvements for said project, Developer hereby covenants and agrees to install and construct the said Improvements in accordance with the official plans, and that s aid Improvements shall be completed within two (2) years from the date of the recording of the subdivision map by the County Recorder of the County of San Diego.
2. Should Developer fail to complete said Improvements within the time set forth above, City, at its option, has the right to enter onto the property to complete said Improvements.
Should the City exercise such option, it shall be at the expense of Developer, or the City may, in the alternative, hold Developer and the Surety Insurer liable for damages.
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Sub Agmt (private) 111722 Tentative Subdivision Map No. 2021-0005
(continued)
3. Developer agrees to furnish and City agrees to release the Improvement Security in accordance with Title 16 of the El Cajon Municipal Code to secure warranty, faithful performance, and payment of labor and materials for said construction and installation. Any surety bonds shall be issued by corporate sureties admitted to do business in California and approved by the City Attorney. The form of said bonds shall be substantially as set forth in sections 66499.1 and 66499.2 of the Government Code of the State of California.
4. Developer further agrees to furnish the following surety bonds or cash deposits, if applicable to the project. Any such bonds shall be issued by corporate sureties authoriz ed to do business in California and approved by the City Attorney:
a. $ 4,000.00 for Lot Staking
b. $304,750.00 for installation of Underground Utilities
c. $ -0- for any deposits or bonds identified in the Resolution approving this project not otherwise in this Agreement.
5. The City or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Developer, its agents or employees in the performance o f this Agreement. Developer further agrees to protect and hold harmless City, its elected and appointed officials, officers and employees, from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, act s or omissions of Developer, its agents or employees, in the performance of this Agreement, including claims, demands, causes of action, liability or loss because of, or arising out of, the design or construction of the Improvements, provided, however, tha t the approved Improvement Security shall not be required to cover the provisions of this paragraph. Said indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision and the Improvements as provided herein, and to adjacent property owners as a consequence of and/or the diversion of waters from the design, construction or maintenance of drainage systems, streets and other improvements. Acceptance by the City of the Improvements shall not constitute an assumption by the City of any responsibility for such damage or taking.
City shall not be an insurer or surety for the design or construction of the subdivision pursuant to the approved improvement plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction of the work or Improvements as specified in this Agreement, except as it may be shown that said officers or employees specifically directed that said work or improvement be accomplished in a manner contrary to the wishes and desires of Developer, and Developer has filed a written objection with the City Engineer prior to commencing said work or improvement.
Provisions of this section shall remain in full force and effect for ten (10) years following substantial completion by the Developer of the Improvements.
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Sub Agmt (private) 111722 Tentative Subdivision Map No. 2021-0005
(continued)
6. Developer agrees to file with the City Clerk, at the time this executed agreement is submitted, a certificate of insurance by a company approved by the City Attorney in conformance with City Council policy.
IN WITNESS WHEREOF we have this day set our hands and seals.
Date:
CITY OF EL CAJON, CITY VENTURES HOMEBUILDING, LLC,
a California charter city a Delaware limited liability company and municipal corporation
By: CITY VENTURES COMMUNITIES, LLC,
a Delaware limited liability company,
By Its: Sole Member
Bill Wells, Mayor
By
ATTEST: Scott Holman, Chief Financial Officer
By
Angela L. Cortez, CMC, City Clerk
APPROVED AS TO FORM:
By_________________________________
Morgan L. Foley, City Attorney
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Sub Agmt (private) 111722
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) SS:
COUNTY OF )
On_____________________, before me, ______________________________, a Notary Public, personally appeared_________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (SEAL)
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.
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Performance Bond (Private) 111622
Tentative Subdivision Map 2021-0005
PERFORMANCE BOND
(Private Improvements)
(300 El Cajon Blvd)
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City Council of the City of El Cajon, and CITY VENTURES HOMEBUILDING, LLC, a Delaware limited liability company , hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain private improvements, which said agreement, identified as Subdivision Agreement, Tentative Subdivision Map No. 2021-0005, is hereby referred to and made a part hereof; and
WHEREAS, the conditions of Tentative Subdivision Map No. 2021-0005 also require the Principal to complete certain private improvements prior to m ap approval, but further provides that if the Principal will build the residential units contemplated by Tentative Subdivision Map No. 2021-0005 in phases the Principal can also obtain m ap approval prior to completion of the designated private improvements if it secures the construction of the private improvement s by furnishing a bond providing for the faithful performance in completing private improvements, with an acceptable guarantee of completion of such improvements; and
WHEREAS, said Principal is seeking approval of the Final Map and is required under the terms of said agreement to furnish a bond providing for the faithful performance of said agreement.
NOW, THEREFORE, we, CITY VENTURES HOMEBUILDING, LLC, a Delaware limited liability company, as Principal, and , as Surety, are held and firmly bound unto the CITY OF EL CAJON, CALIFORNIA, hereinafter called "Owner", in the penal sum ONE MILLION FOUR HUN DRED SEVENTEEN THOUSAND NINE HUNDRE D DOLLARS AND NO CENTS ($1,417,900.00) , lawful money of the United States of A merica, for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that if the above bounded Principal, or heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, all within the time and in the true intent and meaning, and shall indemnify and save harmless the City of El Cajon, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys'
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Performance Bond (Private) 111622
Performance Bond (Private Improvements)
TSM 2021-0005
(continued)
fees incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, ext ension of time, alteration or addition to the terms of the agreement documents or of the work to be performed thereunder, or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity and authority to enter into and execute this document on behalf of the above bounden Principal and Surety, and have set their names, titles, and signatures hereon this day of , 202_.
PRINCIPAL SURETY
CITY VENTURES HOMEBUILDING, LLC,
a Delaware limited liability company
Name & Title
By: CITY VENTURE COMMUNITIES, LLC
a Delaware limited liability company,
Its: Sole Member By:
Name & Title
By: Scott Homan, Chief Financial Officer By:
Name & Title
3121 Michelson Drive #150
Street Address Street Address
Irvine, CA 92612
City, State and Zip Code City, State and Zip Code
(949) 258-7555
Telephone Telephone
NOTARY ACKNOWLEDGMENTS OF PRINCIPAL AND SURETY MUST BE ATTACHED.
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Performance Bond (Private) 111622
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) SS:
COUNTY OF )
On_____________________, before me, ______________________________, a Notary Public, personally appeared_________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they execut ed 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 la ws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (SEAL)
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) SS:
COUNTY OF )
On_____________________, before me, ______________________________, a Notary Public, personally appeared_________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and a cknowledged 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 cert ify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (SEAL)
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.
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.
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Labor Bond (Private) 111622 Tentative Subdivision Map 2021-0005
LABOR AND MATERIAL BOND
(Private Improvements)
(300 El Cajon Blvd)
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City Council of the City of El Cajon, and CITY VENTURES HOMEBUILDING, LLC, a Delaware limited liability company, hereinafter designated as "Principal," have entered into an agreement whereby Principal agrees to install and complete certain private improvements, which said agreement, identified as Subdivision Agreement , Tentative Subdivision Map No. 2021-0005, is hereby referred to and made a part hereof; and
WHEREAS, the conditions of Tentative Subdivision Map No. 2021-0005 also require the Principal to complete certain private improvements prior to map approval, but further provides that if the Principal will build the residential units contemplated by Tentative Subdivision Map No. 2021-0005 in phases the Principal can also obtain map approval prior to c ompletion of the designated private improvements if it secures the construction of the private improvements by furnishing a bond providing for the payment of all costs of labor and materials necessary to complete the private improvements, with an acceptable guarantee of the payment of all costs of labor and materials necessary to complete such improvements; and
WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of El Cajon to secure the claims to which r eference is made in Title 1 (commencing with §8000) of Part 6 of Division 4 of the Civil Code of the State of California.
NOW, THEREFORE, we, CITY VENTURES HOMEBUILDING, LLC, a Delawar e limited liability company, as Principal, and , as Surety, are held and firmly bound unto the CITY OF EL CAJON and all contractors, subcontractors, laborers, and other persons employed in the performance of the aforesaid agreement, and referred to in the aforesaid Civil Code, in the penal sum of SEVEN HUNDRED EIGHT THOUSAND, NINE HUNDRED FIFTY DOLLARS AND NO CENTS ($708,950.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in any judgment rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 1 (commencing with §8000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or thei r assigns in any suit brought upon this bond.
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Labor Bond (Private) 111622 Labor and Material Bond (Private Improvements)
TSM 2021-0005
(continued)
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same, shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity and authority to enter into and execute this document on behalf of the above bounden Principal and Surety, and have set their names, titles, and signatures hereon this day of , 202_.
PRINCIPAL SURETY
CITY VENTURES HOMEBUILDING, LLC,
a Delaware limited liability company
Name & Title
By: CITY VENTURE COMMUNITIES, LLC
a Delaware limited liability company,
Its: Sole Member By:
Name & Title
By: Scott Homan, Chief Financial Officer By:
Name & Title
3121 Michelson Drive #150
Street Address Street Address
Irvine, CA 92612
City, State and Zip Code City, State and Zip Code
(949) 258-7555
Telephone Telephone
NOTARY ACKNOWLEDGMENTS OF PRINCIPAL AND SURETY MUST BE ATTACHED.
2022/Subdivisions/TSM 2021-0005 – City Ventures Homebuilding (300 El Cajon Blvd) Labor Bond (Private) 111622
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) SS:
COUNTY OF )
On_____________________, before me, ______________________________, a Notary Public, personally appeared_________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (SEAL)
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) SS:
COUNTY OF )
On_____________________, before me, ______________________________, a Notary Public, personally appeared_________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California tha t the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (SEAL)
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.
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.
City Council
Agenda Report
Agenda Item 10.
DATE: December 13, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Mara Romano, Purchasing Agent
SUBJECT: Award of RFP No. 012-23 – Oakdale Alameda Beautification Project Professional Services
RECOMMENDATION:
That the City Council adopts the next Resolutions, in order, to:
Find Nova Engineering, Inc. non-responsive for the reason set forth in the agenda report; and
1. Enter into an agreement with Chen Ryan & Associates, Inc., in an amount not to exceed $599,985 for a one-year term.
2. BACKGROUND:
On October 3, 2022, the City of El Cajon issued a Request for Proposals (RFP) for Oakdale Alameda Beautification Project Professional Services. Three responses were received before 5:00 p.m. on November 1, 2022.
The goal of the project is to revitalize and beautify the existing City right-of-way by transforming existing deteriorating streets to a vibrant, safe, and “green” public space that fosters accessible pedestrian connections. The “Alameda,” a public promenade bordered with shade trees and landscaping, is where the community can enjoy culturally relevant art, shaded areas, and decorative street lighting. This project is consistent with the City Council’s goals regarding beautification of entryways into the City. This project is funded by the American Rescue Plan Act and Caltrans Clean California grant funds.
A three-person evaluation team independently reviewed the proposals according to the criteria specified in the RFP. Several factors were evaluated, such as experience, innovation, and expertise.
After thorough evaluation of the proposals, the proposal submitted by Nova Engineering, Inc. is considered non-responsive for failure to submit the required documentation identified in the specifications (e.g. statement regarding insurance coverage, certification of non-debarred status, project experience and references, to name a few), whereas, the proposal received from Chen Ryan & Associates, Inc. best met the City’s requirements. The attached memorandum details the evaluation process.
FISCAL IMPACT:
The fiscal impact is $599,985. Sufficient funds are available in Fiscal Year 2022-23 Annual Budget: Oakdale Alameda Gateway Beautification (233785PWCP).
Prepared By: Mara Romano, Purchasing Agent
Reviewed By: Yazmin Arellano, Director of Public Works
Approved By: Graham Mitchell, City Manager
Attachments
Resolution RFP No. 012-23
Memorandum - 012-23
RESOLUTION NO. __-22
RESOLUTION AWARDING BID FOR
OAKDALE ALAMEDA BEAUTIFICATION PROJECT PROFESSIONAL SERVICES (RFP No. 012-23)
WHEREAS, goal of the Oakdale Alameda Beautification Project (the "Project") is to revitalize and beautify the existing City right of -way by transforming existing deteriorating streets to a vibrant, safe, and “green” public space that fosters accessible pedestrian connections in the City of El Cajon; and
WHEREAS, on October 3, 2022, the City of El Cajon (the "City") issued a Request for Proposals (RFP) for Oakdale Alameda Beautification Project Professional Services, receiving three (3) responses on November 1, 2022, and evaluated the bid submissions; and
WHEREAS, after thorough evaluation of the proposals, City staff deemed the proposal submitted by Nova Engineering, Inc orporated as non-responsive for failure to submit the required documentation identified in the specifications, recommends an award of the bid to the lowest responsive, responsible bidder, Chen Ryan & Associates, Incorporated ("Chen Ryan"), in the amount of $599,985.00; and
WHEREAS, sufficient funds are available in Fiscal Year 2022- 23 Annual Budget:
Oakdale Alameda Gateway Beautification (233785PWCP); and
WHEREAS, the City Council believes it to be in the best interests of the City to find the bid of the Nova Engineering , to be non-responsive, and award the bid to the sole responsive, responsible bidder, Chen Ryan, in the amount of $599,985.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:
1. The above recitals are true and correct , and are the findings of the City Council.
2. The City Council hereby rejects the bid of the Nova Engineering Incorporated as non-responsive, and awards the bid for the Project to the lowest responsive, responsible bidder:
Chen Ryan & Associates, Incorporated
in an amount not to exceed $599,985.00.
3. The City Manager and City Clerk are authorized and directed to execute a contract for the Project on behalf of the City of El Cajon, with such changes or amendments as maybe approved by the City Manager.
12/13/22 CC Agenda
Reso – RFP No. 012-23 – Oakdale Alameda Beautification Project (Chen Ryan) 120222
CITY OF EL CAJON
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MEMORANDUM
DATE: November 29, 2022
TO: Mara Romano, Purchasing Agent
FROM: Mario Sanchez, City Engineer/Deputy Director of Public Works VIA: Yazmin Arellano, Director of Public Works
SUBJECT: RECOMMENDATION TO AWARD - RFP No.012-23 - Oakdale Alameda Beautification Project
The City of El Cajon received three (3) proposals for the above referenced Request for Proposal (RFP). The selection committee, comprised of personnel from the City of El Cajon, independently scored each proposal on the evaluation form included in RFP No. 012-23. The proposal evaluation form is based on a weighted scale with criteria including: 1) Project Organization and Key Personnel, 2) Project Experience and References, 3) Exceptions & Innovation, 4) Project Completion Date, and 5) Cost, with a possible weighted average score of 100 points.
The weighted scores for RFP No. 012-23 after initial evaluations resulted in the following ranking:
Total Weighted
Vendor Average Score
Chen Ryan Associates 90.50
Parsons Transportation Group 83.83
Nova Engineering 0
Recommendation
The selection committee concluded that the contract should be awarded to the top vendor:
Chen Ryan Associates. The committee recommends that the City of El Cajon approve the contract in the amount of $599,985.00 at the December 13th City Council meeting.
Authorized by:
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Yazmin A~ o,Oirectorof Public Works
City Council
Agenda Report
Agenda Item 11.
DATE: December 13, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Mara Romano, Purchasing Agent
SUBJECT: Contract Amendment for Bid No. 004-22 – Broadway Creek Restoration Phase A
RECOMMENDATION:
That the City Council adopts the next Resolution, in order, to:
Amend the scope of work and increase the compensation and working days for the Public Works Contract with Whillock Contracting, Inc., (WCI) for the restoration project in the not-to-exceed amount of $592,958.99; and
1. Appropriate $500,000 of Wastewater Enterprise Fund equity to increase the Broadway Creek Restoration Phase A (173586PWCP) project budget.
2. BACKGROUND:
On October 12, 2021, the City Council awarded the contract for Broadway Creek Restoration Phase A to the lowest responsive, responsible bidder, WCI, in the amount of $2,755,479.24.
The proposed construction change order includes:
reconciliation of bid estimated quantities vs actual quantities; contract field orders directed by the City Engineer not addressed in the original design, requiring immediate attention in order to maintain construction progress and reduce public impact, include, but not limited to;
buried concrete, rock, pipes, and debris
drainage into the creek from private properties and the County of San Diego unsuitable soil conditions
significant water in the creek during dry-weather season contract field orders initiated by staff, include but not limited to; installation of two-foot concrete walls along the drainage easement boundaries to enhance protection of private properties along the creek and increase the channel's capacity and the maintenance access road’s width
installation of concrete wing walls and cutoff walls at the project limits to improve water conveyance, prevent flooding, and reduce erosion
clearance and installation of temporary structures to allow construction of subsequent restoration phases
an additional 78 working days added to the project.
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• •
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• • • •
•
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•
As a result, an increase of $592,958.99 is requested for the abovementioned construction change order, which exceeds 25% of the original contract value as established by City Council Policy B-4, thus requiring approval from the City Council.
Moreover, on November 8, 2022, the City Council approved increasing the project budget by $150,000 as a contingency for unforeseen project revisions. An appropriation of $500,000 is requested to facilitate the additional work.
FISCAL IMPACT:
Approval of the $592,958.99 will supplement the existing contract, for a total not-to-exceed amount of $3,348,438.23. Funds are available in Fiscal Year 2022-23 Annual Budget:
Broadway Creek Restoration Phase A (173586PWCP) and contingent upon approval of additional funding.
The appropriation will increase Broadway Creek Restoration Phase A appropriations, and reduce the Wastewater Enterprise Fund equity, by $500,000 in order to accommodate the change order described in this report.
Prepared By: Mara Romano, Purchasing Agent
Reviewed By: Yazmin Arellano, Director of Public Works
Approved By: Graham Mitchell, City Manager
Attachments
Reso Bid 004-22
RESOLUTION NO. __
RESOLUTION TO APPROVE AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY OF EL CAJON AND WHILLOCK CONTRACTING,
INCORPORATED FOR BROADWAY CREEK RESTORATION PHASE A
(Bid No. 004-22)
WHEREAS, the Broadway Creek Restoration Phase A project (the "Project") is a restoration effort of a 1,300-foot section of Broadway Creek, which serves as a regional flood control waterway in the City of El Cajon (the "City"); and
WHEREAS, on October 12, 202 1, the City Council awarded the bid to the s ole responsive, responsible bidder, Whillock Contracting, Incorporated , in the amount of $2,775,479.24, and approving a contract with Whillock Contracting, Incorporated to perform the Project (the "Contract"); and
WHEREAS, due to reconciling bid estimated quantities with actual quantities, field orders responsive to conditions on the Project site generated by the City Engineering staff that are not addressed in the original design, and field orders generated by staff for additional construction; City staff now recommends amending the Contract for the purpose of expanding the scope of work to include addressing buried debris , drainage into the creek from private property, soil conditions, and water in the creek in the dry season; and constructing concrete walls and structures to improve water conveyance, increase capacity, reduce erosion, avoid flooding, add 78 working days to the Project, and increasing the compensation in the not-to-exceed amount of $592,958.99; and
WHEREAS, on November 8, 2022, the City Council approved increasing the project budget by $150,000 as a contingency for unforeseen project revisions, therefore, an appropriation of $500,000 is requested to facilitate the additional work; and
WHEREAS, the appropriation will increase Broadway Creek Restoration Phase A appropriations, and reduce the Wastewater Enterprise Fund equity, by $500,000 in order to accommodate the change order; and
WHEREAS, approval of the $592,958.99 increase will supplement the current contract amount, for a total not-to-exceed fiscal impact of $3,348,438.23; and
WHEREAS, sufficient funds are available for the increase in Fiscal Year 2022- 2023 Annual Budget: Broadway Creek Restoration Phase A (173586PWCP) and contingent upon approval of additional funding; and
WHEREAS, the City Council believes it to be in the best interests of the City to amend the Contract to expand the scope of work and approve the additional not -to- exceed amount of $592,958.99 for the additional work.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:
1. The above recitals are true and correct , and are the findings of the City Council.
2. The City Council hereby approves amending the Contract with Whillock Contracting, Incorporated, for expanding the scope of work for the Project , adding 78 working days, and increasing compensation in an amount not to exceed $592,958.99 for such additional work.
3. The City Manager and City Clerk are authorized and directed to execute an amendment to the contract for the Project on behalf of the City of El Cajon, with such changes or amendments as maybe approved by the City Manager
12/13/22 CC Agenda
Reso – Bid 004-22 – Broadway Creek Restoration Phase A – Amend Agt. (WCI) 120122 City Council
Agenda Report
Agenda Item 12.
DATE: December 13, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Noah Alvey, Deputy Director of Community Development SUBJECT: Off-Sale Alcohol Sales at Parkway Plaza
RECOMMENDATION:
That the City Council:
Opens the Public Hearing and receives testimony;1.
Closes the Public Hearing;2.
Moves to adopt the next Resolution, in order, approving the California Environmental Quality Act Exemption;
3. Moves to adopt the next Resolution, in order, approving an Amendment to Specific Plan No. 19.
4. PROJECT DESCRIPTION:
This is a request to amend Specific Plan (SP) No. 19 in order to expand opportunities for off-sale alcohol sales at Parkway Plaza. Currently, SP No. 19 does not include any procedures for off-sale alcohol sales. As such, any proposed off-sale alcohol-related uses at Parkway Plaza are subject to El Cajon Municipal Code (ECMC) Chapter 17.210, which includes strict requirements related to the location and conditions of approval of new off-sale alcohol uses citywide. The proposed amendment to SP No. 19 would allow off-sale alcohol at general retail stores, grocery stores, or retail pharmacies, each with greater than 10,000 square feet of gross floor area and each having a maximum of 10 percent of the gross floor area devoted to off-sale alcohol uses at Parkway Plaza.
BACKGROUND:
General Plan: Special Development Area No. 8
Specific Plan: Specific Plan No. 19
Zone: C-R (Regional Commercial)
Notable State Law(s): Business and Professions Code
Applicant: Skip Janes, Aldi Inc.
Project Site & Constraints
The Parkway Plaza regional shopping mall is developed with several major retail stores, specialty retail shops and restaurants, a food court, a movie theater, and parking garages. The regional shopping mall is accessed from Fletcher Parkway and North Johnson Ave. and is bound by Interstate-8 on the south and State Route 67 on the east.
Surrounding Context
The properties surrounding the project site are developed and zoned as follows:
Direction Zones Land Uses
North C-R Miscellaneous retail uses
South N/A Interstate 8
East N/A State Route 67
West C-R Miscellaneous retail uses
General Plan
Parkway Plaza has a General Plan designation of “Regional Commercial/Special Development Area No. 8”. The Regional Commercial designation is intended to accommodate large shopping centers with shared parking and vehicular access. SDA No. 8 is specifically intended to accommodate the development of Parkway Plaza as a regional shopping mall. Goal 9 advocates for the creation and retention of a strong, competitive region-wide commercial base.
Objective 9-1 further states that Parkway Plaza and its immediate vicinity will be maintained as the City's regional shopping center and Policy-1.1 states, “Parkway Plaza shall be expanded from its original size and the number of major tenants and stores shall be increased.” Specific Plan
SP No. 19 was first adopted in 1958 for the development on the Parkway Plaza site. The plan was amended several times to accommodate new buildings, additions, and parking structures.
The site includes ample parking areas, convenient access, and an efficient circulation system that supports the mall’s many retail uses.
Municipal Code/Zoning Code
Chapter 17.70 of the ECMC includes requirements for specific plans. Specifically, section
17.70.010 indicates that, “a specific plan is a plan for a particular portion of the city where circumstances require a more detailed plan of development than the general plan, and/or more detailed standards than the general provisions of the Zoning Code.” Furthermore, section
17.70.050 indicates that specific plans may include, “regulations of the use of land and buildings…”, as well as, “such other matters which will accomplish the purposes of this chapter, including procedures for the administration of such regulations.” In 2013, the City Council adopted the Alcohol Sales and Deemed Approved Alcohol Sales Regulations Ordinance which is codified in ECMC Chapter 17.210. The purpose of the ordinance, among other things, is to protect commercial districts and neighborhoods from harmful effects attributable to the sales of alcoholic beverages by limiting the number of new establishments to areas where there is a capacity to add licenses.
Business and Professions Code
Section 23817.5 of the Business and Professions Code established a moratorium on off-sale licenses in cities and counties where the ratio of off-sale licenses exceeds one for each 2,500 inhabitants. The City of El Cajon is included in this moratorium and, according to State Alcoholic Beverage Control (ABC) staff, the moratorium only applies to original use applications.
However, a transfer of a license from outside of the City to a location within the City would not fall under this moratorium restriction, but would still need to satisfy other ABC criteria such as “public convenience or necessity.”
I I
I
Section 23958.4(b)(2) of the Business and Professions Code allows ABC to approve the transfer of a license provided the governing body of the area in which the applicant’s premises is to be located determines that public convenience or necessity is served by the issuance of said license. A PCN is required when the proposed location is within a census tract that has an overconcentration of licenses or a crime rate that exceeds 120% of the citywide average.
DISCUSSION
Parkway Plaza is a regional attraction serving communities primarily within the east county portion of San Diego County. Customers traveling from outlying communities patronize Parkway Plaza due to its convenient access to local freeways and the wide variety of available products, services, and businesses.
Parkway Plaza is located in Census Tract 162.02, where ABC regulations allow two off-sale alcohol licenses based on a population of 3,600 people. Census Tract 162.02 (including a portion of the unincorporated County) has 11 existing off-sale alcohol licenses. Five of the eleven issued licenses are within the City of El Cajon. 7-Eleven at Madison and Chambers
Arnele Liquor at Arnele and Johnson
CVS at Fletcher Parkway and Pioneer
Smart & Final at Fletcher Parkway and Marshall
Walmart at Parkway Plaza
Only 7-Eleven is located in an area that serves the surrounding residential neighborhood. The other four off-sale locations are north of Interstate 8 in the regional commercial shopping district, and one of those is located at Parkway Plaza.
This overconcentration of licenses within Census Tract 162.02 is due to off-sale alcohol establishments approved prior to the adoption of the City’s Deemed Approved Ordinance.
Moreover, the ordinance prohibits the further overconcentration of alcohol licenses. This includes a grocery store with a 10% or less alcohol display area. As stated above, the General Plan indicates that Parkway Plaza and the surrounding area will be maintained as a regional commercial district that is strong and competitive. Bolstering Parkway Plaza’s commercial activity with a full service grocery store is consistent with the General Plan. The means to achieve this goal is by amending SP No. 19 to establish a procedure for the allowance of off-sale alcohol sales at Parkway Plaza. This will allow Parkway Plaza to attract major commercial tenants that have incidental off-sale alcohol sales (less than 10% display area), which will result in convenient access to alcohol for individuals shopping for retail items, including groceries or medicine.
The proposed amendment will allow the Director of Community Development to approve a PCN finding at Parkway Plaza even though there is an overconcentration of licenses, but it will still require a review and recommendation by the Police Department to address crime or safety issues associated with a proposed use. It should be noted that if the proposed amendment is approved, the number of off-sale licenses will increase in Census Tract 162.02.
• • • • •
PLANNING COMMISSION RECOMMENDATION:
On November 15, 2022, the Planning Commission held a public hearing to consider the proposed specific plan amendment. Public testimony was made available during the meeting and the applicant spoke in support of the request. After discussing the item, the Planning Commission voted 5-0 to recommend City Council approval of the proposed specific plan amendment.
FINDINGS:
The following findings must be made to approve a specific plan.
The proposed specific plan serves the public interest.A.
The proposed specific plan amendment serves the public interest as it will provide convenient access to off-sale alcohol for customers patronizing regional serving businesses such as general retail stores, grocery stores, or retail pharmacies, each with greater than 10,000 square feet of gross floor area.
The proposed specific plan will systematically implement the City’s General Plan.B.
The proposed specific plan amendment will systematically implement the city’s general plan because it is consistent with General Plan Goal 9, which encourages the creation and retention of a strong, competitive region-wide commercial base, as well as implementing Policy 9-1.1 which seeks to expand the number of major retail tenants at Parkway Plaza.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The proposed specific plan amendment is exempt from the California Environmental Quality Act (CEQA) under Section 15301 (Existing Facilities) of CEQA Guidelines. This classification covers projects where the building already exists and the proposed use involves little or no expansion of the use.
PUBLIC NOTICE & INPUT:
Notice of this public hearing was mailed on November 3, 2022, to all property owners within 300 feet of the project site and to anyone who requested such notice in writing, and was similarly published in the San Diego Union-Tribune the same day, November 3, 2022, in compliance with Government Code sections 65090, 65091, and 65092, as applicable. Additionally, as a public service, the notice was posted in the kiosk at City Hall and was also mailed to the two public libraries in the City of El Cajon, located at 201 East Douglas Avenue and 576 Garfield Avenue. City staff did not receive any comments in response to the Notice of Public Hearing prior to preparation of this report. Comments received after publication will be presented to the City Council at the hearing.
RECOMMENDATION:
Staff is recommending approval of the amendment of SP No. 19 in order to facilitate a strong and competitive regional commercial base at Parkway Plaza.
Prepared By: Noah Alvey, Deputy Director of Community Development Reviewed By: Anthony Shute, Director of Community Development Approved By: Graham Mitchell, City Manager
Attachments
CEQA Reso
Reso Amend SP 19
Public Hearing Notice & Location Map
PC Resolution - Amend SP 19
PC Minutes Excerpt
Aerial Image & Off-Sale Exhibit
Application
Disclosure Statement
RESOLUTION NO. ___-22
A RESOLUTION APPROVING
CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA")
EXEMPTION SECTION 15501 (EXISTING FACILITIES)
FOR OFF-SALE ALCOHOL SALES AT PARKWAY PLAZA
WHEREAS, the El Cajon Planning Commission held a duly advertised public hearing on November 15, 2022, to consider an application to amend Specific Plan ("SP") No. 19, to expand opportunities for off -sale alcohol sales at the Parkway Plaza shopping center between North Johnson and State Route 67, and addressed as 575 Fletcher Parkway (the "Project"); and WHEREAS, in accordance with California Environmental Quality Act ("CEQA") Guidelines section 15061(b)(2), and prior to making a recommendation on the Project to the City Council, the Planning Commission reviewed and considered the information contained in the Project staff report; and
WHEREAS, it is proposed that the Project is exempt from CEQA under section 15301 (Existing Facilities) of CEQA Guidelines, w hich allows negligible expansion of an existing use; and
WHEREAS, the amendment to SP No. 19 will allow general retail stores, grocery stores, or retail pharmacies at Parkway Plaza and each with greater than 10,000 square feet of gross floor area and each having a maximum of 10 percent of the gross floor area devoted to off -sale alcohol uses at Parkway Plaza; and
WHEREAS, the proposed amendment covers projects where the building already exists and the proposed use involves little or no expansion of the use, section 15301 is an appropriate exemption for the proposed project, as the record of proceedings contains evidence to support the determination that the Class 1 Categorical Exemption applies; and WHEREAS, no evidence was presented in proceedings that any of the conditions exist to provide exceptions to categorical exemptions as described in CEQA Guidelines section 15300.2; and
WHEREAS, after considering evidence and facts, the Planning Commission did consider the proposed CEQA Categorical Exemption, section 15301 as presented at its meeting and recommended City Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:
1. That the foregoing recitals are true and correct, and are findings of fact of the City Council in regard to the proposed exemption for Off-Sale Alcohol Sales at Parkway Plaza.
2. That based upon said findings of fact, the El Cajon City Council hereby approves the proposed categorical exemption (CEQA Guidelines section 15301) for Off-Sale Alcohol Sales at Parkway Plaza.
12/13/22 CC Agenda
Reso – Parkway Plaza Off-Sale Alcohol Sales
RESOLUTION NO. ___-22
A RESOLUTION APPROVING AN AMENDMENT TO SPECIFIC PLAN
NO. 19 TO EXPAND OPPORTUNITIES FOR OFF -SALE ALCOHOL
SALES AT A REGIONAL SHOPPING CENTER IN THE REGIONAL
COMMERCIAL ("C-R") ZONE, GENERAL PLAN DESIGNATION:
REGIONAL COMMERCIAL ( RC)
WHEREAS, the El Cajon Planning Commission duly advertised and held a public hearing on November 15, 2022, to consider the Amendment to Specific Plan No. 19, for the expansion of opportunities for off-sale alcohol sales at an existing regional shopping center in the Regional Commercial ( "C-R") zone, on the southeast corner of Fletcher Parkway and Johnson Avenue, and addressed as 415 Parkway Plaza ("Parkway Plaza"); and
WHEREAS, the Planning Commission adopted Resolution No. 11083 recommending City Council approval of a Class 1 (Existing Facilities) California Environment Quality Act ("CEQA") exemption and to amend SP No. 19 to expand opportunities for off-sale alcohol at Parkway Plaza; and
WHEREAS, off-sale alcohol in conjunction with general retail stores, grocery stores, or retail pharmacies, at Parkway Plaza and each with greater than 10,000 square feet of gross floor area and each having a maximum of 10 percent of the gross floor area devoted to off -sale alcohol uses will provide convenient access to off -sale alcohol for customers within the region served by Parkway Plaza; and
WHEREAS, the proposed Amendment to Specific Plan No. 19 is appropriate and promotes the economic viability of a major commercial site in the City; and
WHEREAS, the City Council held a duly advertised public hearing on December 13, 2022, to consider an Amendment to SP No. 19, and received evidence through public testimony and comment, in the form of verbal and written communications and reports.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:
1. The City Council finds that t he recitals above are true and correct and are incorporated herein by this reference.
2. The proposed specific plan amendment serves the public interest as it will provide convenient access to off-sale alcohol for customers patronizing regional-serving businesses such as general retail stores, grocery stores, or retail pharmacies, each with greater than 10,000 square feet of gross floor area and each having a maximum of 10 percent of the gross floor area devoted to off-sale alcohol uses.
3. The proposed specific plan amendment will systematically impl ement the
city’s general plan because it is consistent with General Plan Goal 9, which encourages the creation and retention of a strong, competitive region-wide commercial base, as well as specific implementing Policy 9-1.1 which seeks to expand the number of major retail tenants at Parkway Plaza.
4. The City Council hereby approves Amendment to SP No. 19 by adding the following requirements for off-sale alcohol uses:
The Community Development Department Director may authorize a finding of “public convenience or necessity” for off-sale alcohol sales at a general retail store, or grocery store, or retail pharmacy , each with greater than 10,000 square feet of gross floor area and each having a maximum of 10 percent of the gross floor area devoted to the sale and display of off-sale alcoholic beverages. The decision shall be based solely on the operational standards for off -sale alcoholic beverage sales activities contained in section 17.210.100 of the Municipal Code and the recommendation of the Police Department. Sections 17.210.110 and 17.210.120 of the Municip al Code shall not apply to the determination of public convenience or necessity and an overconcentration of off-sale alcohol outlets shall not be cause for denial of a public convenience or necessity determination.
FLETCHER PKWY
JOHNSON AV
I-8
FESLER ST
JACKM
AN ST
ARNELE AV