CITY COUNCIL
HOUSING AUTHORITY AND
SUCCESSOR AGENCY TO THE EL CAJON
REDEVELOPMENT AGENCY
Council Chamber
200 Civic Center Way
El Cajon, CA 92020
Agenda
JANUARY 10, 2023, 3:00 p.m.
Bill Wells, Mayor Graham Mitchell, City Manager
Steve Goble, Deputy Mayor Vince DiMaggio, Assistant City Manager Gary Kendrick, Councilmember Morgan Foley, City Attorney Michelle Metschel, 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 December 13, 2022, Meetings and the Agenda of the January 10, 2023, Meeting in accordance to State Law and City Council/Housing Authority/Successor Agency to the Redevelopment Agency Policy.
PRESENTATIONS:
Teddy the ECPD Wellness Dog
AGENDA CHANGES:
~ Valley of opportunity
•
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 December 13, 2022, Meetings 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. 2022 Investment Policy Update
RECOMMENDATION:
That the City Council and Housing Authority, respectively, each adopts the next Resolutions, in order, adopting the City of El Cajon Investment Policy and delegating investment authorities to the Director of Finance/Authority Treasurer.
5. Capital Outlay Authorization
RECOMMENDATION:
That the City Council authorizes the City Manager, or approved designee, to use the Wildfire and Forest Resilience Program (WEAP21) grant funds to purchase a mini excavator for approximately $70,000.
6. Contract Amendment for Wells Park Improvements - Storm Water Treatment & Landscaping
RECOMMENDATION:
That the City Council adopts the next Resolution, in order, to amend the scope of work and to increase the compensation for the Agreement for Professional Services with Chen Ryan Associates, Inc., for Wells Park Sustainability Improvements - Civil Engineering services in the not-to-exceed amount of $23,000.
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:
7. Appeal of Planning Commission's Decision Denying a Request to Add Off-Sale Alcohol to an Existing Convenience Store at 500 N. Second Street
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, affirming the decision of the El Cajon Planning Commission and DENYING the request to add off-sale alcohol to an existing convenience store at 500 N. Second Street.
3. ADMINISTRATIVE REPORTS:
8. All-Way Stop Sign Request on Graves Avenue at Lloyd Street and Rex Hall Street
RECOMMENDATION:
That the City Council adopts the next Resolution, in order, to establish permanent all-way stop signs on Graves Avenue at the intersection of Lloyd Street and Rex Hall Street in order to enhance pedestrian and traffic safety.
9. El Cajon App - Service Request Application Public Works Update
RECOMMENDATION:
That the City Council receives the report on the number of service requests completed in 2022.
COMMISSION REPORTS:
ACTIVITIES REPORTS/COMMENTS OF MAYOR WELLS
SANDAG (San Diego Association of Governments) Board of Directors.
10. Council Activity Report
ACTIVITIES REPORTS/COMMENTS OF COUNCILMEMBERS:
11. DEPUTY MAYOR 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.
12. COUNCILMEMBER GARY KENDRICK
METRO Commission/Wastewater JPA; Heartland Communications; Heartland Fire Training JPA.
13. COUNCILMEMBER MICHELLE METSCHEL
Harry Griffen Park Joint Steering Committee; METRO Commission/Wastewater JPA – Alternate; Heartland Communications – Alternate; Heartland Fire Training JPA – Alternate.
14. 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:
GENERAL INFORMATION ITEMS FOR DISCUSSION:
ORDINANCES: FIRST READING
ORDINANCES: SECOND READING AND ADOPTION
15. Zoning Code Amendment No. 2022-0002 to Title 17
RECOMMENDATION:
That Mayor Wells requests the City Clerk to recite the title.
An Ordinance Approving Zoning Code Amendment No. 2022-0002 for an Amendment to Title 17 of the El Cajon Municipal Code for Economic Development, Housing and other Minor Technical changes, Revisions and Edits.
16. Amendment to Specific Plan No. 2022-0001, Amendment to Specific Plan No. 452
RECOMMENDATION:
That Mayor Wells requests the City Clerk to recite the title.
An Ordinance Amending Specific Plan No. 452 to Authorize an Automobile Dealership at 1155 Graves Avenue in the Regional Commercial (RC) General Plan Designation and the C-R (Regional Commercial) Zone; Assessor Parcel Numbers (APNS) 483-090-15-00; 483-090-16-00; 483-090-24-00; 483-090-25-00; 483-090-26-00; 483-090-42-00; and 483-090-41-00.
17. Zone Reclassification No. 2021-0002
RECOMMENDATION:
That Mayor Wells requests the City Clerk to recite the title.
An Ordinance Rezoning Property Located on the West Side of North Mollison Avenue Between East Madison and East Park Avenues and Addressed as 470 North Mollison from RM-2200 (Residential, Multi-Family, 2,200 Square Foot) to O-P (Office Professional) Zone; APN: 488-061-17-00; Pending General Plan Designation:
Office/Non-Retail (O/NR).
18. Approval of Specific Plan No. 2022-0004
RECOMMENDATION:
That Mayor Wells requests the City Clerk to recite the title.
An Ordinance Repealing Specific Plan No. 138 and Approving Specific Plan No. 2022-0004 for Properties at the Southwest Corner of Greenfield Dr. & E. Main St. in the Office Professional (O-P) and Residential, Single-Family, 40,000 Sq. Ft. (RS-40) Zone, General Plan Designation: Public Institution (PI) and Open Space (O-S) Zone; Assessor's Parcel Number (APNs) 507-200-58-00; and 507-320-48-00.
CLOSED SESSIONS:
19. Closed Session - Conference with Legal Counsel - Existing Litigation - pursuant to paragraph (1) of subdivision (d) of Government Code section 54956.9: Mike Kauffman v. City of El Cajon; WCAB Case Nos. ADJ13327811, ADJ13327862, ADJ13328425; and Claim Nos. ELCN-0047 and 20018087
ADJOURNMENT: The Regular Joint Meeting of the El Cajon City Council/ El Cajon Housing Authority/Successor Agency to the El Cajon Redevelopment Agency held this 10th day of January 2023, is adjourned to Tuesday, January 24, 2023, at 3:00 p.m.
City Council
Agenda Report
Agenda Item 1.
DATE: January 10, 2023
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 December 13, 2022, Meetings of the El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency.
Attachments
12-13-22 DRAFT Special Joint Meeting - 230PM
12-13-22 DRAFT minutes - 3PM
12-13-22 DRAFT minutes - 7PM
Joint Special Meeting: El Cajon City Council/Housing Authority/ December 13, 2022 Successor Agency to the Redevelopment Agency - 202 - 2:30 p.m.
JOINT SPECIAL 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
December 13, 2022
A Joint Special Meeting of the El Cajon City Council/Housin g Authority/ Successor Agency to the El Cajon Redevelopment Agency, held Tuesday, December 13, 2022, was called to order by Mayor/Chair Bill Wells at 2:30 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, Kendrick, and Ortiz Council/Agencymembers absent: None
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 FLAG led by Mayor Wells and MOMENT OF SILENCE.
1. Official Results of the 2022 General Municipal Election
RECOMMENDATION:
That the City Council adopts the next Resolution, in order, declaring the results of the November 8, 2022 General Municipal Election for Mayor and one Council Member for District One.
The Valley of Opportunity
~ ~ ~
C'o V '-ci ~PorateO
Joint Special Meeting: El Cajon City Council/Housing Authority/ December 13, 2022 Successor Agency to the Redevelopment Agency - 203 - 2:30 p.m.
DISCUSSION
The City Clerk recite d the results of the Canvass of the Election for Mayor and one Council Member for District One.
MOTION BY ORTIZ, SECOND BY METSCHEL, to ADOPT Resolution No. 111-22 declaring the results of the November 8, 20 22, General Municipal Election for Mayor and one Council Member for District One.
MOTION CARRIED BY UNANIMOUS VOTE.
OATH OF OFFICE ADMINISTERED TO BILL WELLS
OATH OF OFFICE ADMINISTERED TO GARY KENDRICK
Remarks by Mayor Wells and Councilmember Kendrick.
Adjournment: The Joint Special 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 was adjourned at 2:42 p.m.
__________________________
ANGELA L. CORTEZ, CMC
City Clerk/Secretary
Joint Meeting: El Cajon City Council/Housing Authority/ December 13, 2022 Successor Agency to the Redevelopment Agency - 204 - 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
December 13, 2022
An Adjourned Regular Joint Meeting of the El Cajon City Council/Hou sing Authority/Successor Agency to the El Cajon Redevelopment Agency, held Tuesday, December 13, 2022, was called to order by Mayor/Chair Bill Wells at 3:00 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 Ortiz
Council/Agencymembers absent: Kendrick
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 November 8, 2022, meeting and the Agenda of the December 13, 2022, meetings 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
~ ~ ~
C'o V '-ci ~PorateO
Joint Meeting: El Cajon City Council/Housing Authority/ December 13, 2022 Successor Agency to the Redevelopment Agency - 205 - 3:00 p.m.
AGENDA CHANGES: City Manager Mitc hell requested the addition of a Presentation for a Commendation for Fire Chief Steve Swaney.
MOTION BY ORTIZ, SECOND BY METSCHEL, to ADD a Presentation for a Commendation for Fire Chief Steve Swaney.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).
PRESENTATIONS:
Presentation: International Rescue Committee Resident Leadership Academy
Presentation: California Department of Insurance
Commendation: Retirement of Fire Chief Steve Swaney
CONSENT ITEMS: (1 – 11)
MOTION BY WELLS, SECOND BY ORTIZ, to APPROVE Consent Items 1 to 11.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).
1. Minutes of El Cajon City Council/ Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Meetings
Approve Minutes of the November 8 , 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 Ordinances on the Agenda.
Joint Meeting: El Cajon City Council/Housing Authority/ December 13, 2022 Successor Agency to the Redevelopment Agency - 206 - 3:00 p.m.
CONSENT ITEMS: (Continued)
4. San Diego Cal-ID Remote Access Network (RAN) Board Funding Approval
1. Authorize 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; and
2. Appropriate $43,000 of Cal -ID RAN Board funding to pu rchase the Mideo LatentWorks Case Management System for the Police Forensic Lab.
5. 2022 Ford F-250 Pickup Truck Purchase
Adopt Resolution No. 112 -22 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
Approve and authorize 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
Adopt Resolution No. 113 -22 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
1. Approve the Subdivision Agre ement and Final Map for Public Improvements for Tentative Subdivision Map (TSM) 667, 999 Bostonia Street, Engineering Job No. 3591;
2. Authorize the City Manager to execute the agreement and related documentation; and
3. Authorize the City Clerk to release bonds after completion of improvements.
Joint Meeting: El Cajon City Council/Housing Authority/ December 13, 2022 Successor Agency to the Redevelopment Agency - 207 - 3:00 p.m.
CONSENT ITEMS: (Continued)
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
1. 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;
2. Authorizes the City Manager to execute the agreements and related documentation; and
3. Authorizes the City Clerk to release bonds after completion of improvements.
10. Award of RFP No. 012-23 – Oakdale Alameda Beautification Project Professional Services
Adopt Resolution No. 114-22 to:
1. Find Nova Engineering, Inc. non -responsive fo r the reason set forth in the agenda report; and
2. Enter into an agreement with Chen Ryan & Associates, Inc., in an amount not to exceed $599,985 for a one-year term.
11. Contract Amendment for Bid No. 004-22 – Broadway Creek Restoration Phase A
Adopt Resolution No. 115-22 to:
1. 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
2. Appropriate $5 00,000 of Wastewater Enterprise Fund equity to increase the Broadway Creek Restoration Phase A (173586PWCP) project budget.
PUBLIC COMMENT:
Kenneth Kestner requested four hours in an interrogation room to share his story.
WRITTEN COMMUNICATIONS: None
Joint Meeting: El Cajon City Council/Housing Authority/ December 13, 2022 Successor Agency to the Redevelopment Agency - 208 - 3:00 p.m.
PUBLIC HEARINGS:
12. Off-Sale Alcohol Sales at Parkway Plaza
RECOMMENDATION:
That the City Council:
1. Opens the Public Hearing and receives testimony;
2. Closes the Public Hearing;
3. Moves to adopt the next Resolution, in order, approving the Ca lifornia Environmental Quality Act Exemption;
4. Moves to adopt the next Resolution, in order, approving an Amendment to Specific Plan No. 19.
DISCUSSION
Deputy Director of Community Development, Noah Alvey, provided detailed information of the Item.
Mayor Wells opened the Public Hearing.
Skip Janes, representing Aldi Store, spoke in support of the Item.
Discussion ensued among Council and Staff concerning the following:
Square footage of the store; and
Clarification that the Amendment to Specific Plan No. 19 only includes the sale of beer and wine.
MOTION BY ORTIZ, SECOND BY METSCHEL, to CLOSE the Public Hearing.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).
Councilmember Goble commented on being more flexible in requiremen ts, to attract more national stores to the El Cajon area.
MOTION BY ORTIZ, SECOND BY METSCHEL, to ADOPT Resolution No. 116-22, Approve the California Environmental Quality Act Exemption; and ADOPT Resolution No. 117 -22 to Approve an Amendment to Specific Plan No. 19.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).
Joint Meeting: El Cajon City Council/Housing Authority/ December 13, 2022 Successor Agency to the Redevelopment Agency - 209 - 3:00 p.m.
PUBLIC HEARINGS: (Continued)
13. Zoning Code Update
RECOMMENDATION:
That the City Council:
1. Opens the Public Hearing and receives testimony;
2. Closes the Public Hearing;
3. Moves to adopt the next Resolution, in order, approving the California Environmental Quality Act exemption; and
4. Moves to introduce for first reading the next Ordinance, in order, approving Zoning Code Amendment No. 2022-0002.
DISCUSSION
Deputy Director of Community Development, Noah Alvey, provided detailed information of the Item.
Mayor Wells opened the Public Hearing.
No public comment was received for the Item.
MOTION BY ORTIZ, SECOND BY METSCHEL, to CLOSE the Public Hearing.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).
MOTION BY ORTIZ, SECOND BY METSCHEL, to ADOPT Resolution No. 118-22, Approve the California Environmental Quality Act Exemption; and Moves to introduce for first reading the next Ordinance, in order, approving Zoning Code Amendment No. 2022-0002.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).
The City Clerk recited the title of the ordinance for a first reading.
AN ORDINANCE APPROVING ZONING CODE AMENDMENT NO. 2022- 0002 FOR AN AMENDMENT TO TITLE 17 OF THE EL CAJON MUNICIPAL CODE
FOR ECONOMIC DEVELOPMENT, HOUSING, AND OTHER MINOR
TECHNICAL CHANGES, REVISIONS, AND EDITS
Joint Meeting: El Cajon City Council/Housing Authority/ December 13, 2022 Successor Agency to the Redevelopment Agency - 210 - 3:00 p.m.
ADMINISTRATIVE REPORTS:
14. Selection of Deputy Mayor
RECOMMENDATION:
That the City Council selects a Deputy Mayor according to the El Cajon Municipal Code.
DISCUSSION
City Manager Mitchell provided information on the Item, and shared the rotation for the last four (4) years. The recommendation would be for Councilmember Goble to be t he next Deputy Mayor for the 2023 calendar year.
No public comment was received.
MOTION BY WELLS, SECOND BY METSCHEL, to APPOINT
Councilmember Goble as Deputy Mayor according to the El Cajon Municipal Code for the 2023 Calendar Year.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).
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.
DISCUSSION
City Manager Mitchell provided detailed information of the Item and informed the City Council that a representative from the Downtown El Cajon Business Partners’ was not present to answer questions.
Rich Riel requested that the report be moved to a future meeting, to allow the Downtown El Cajon Business Partners’ to be present.
MOTION BY WELLS, SECOND BY METSCHEL, to POSTPONE the
Downtown El Cajon Business Partners’ Annual Report until January 2023.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).
Joint Meeting: El Cajon City Council/Housing Authority/ December 13, 2022 Successor Agency to the Redevelopment Agency - 211 - 3:00 p.m.
ADMINISTRATIVE REPORTS: (Continued)
16. City Council Action Plan (2022) - Status Report
RECOMMENDATION:
That the City Council receives the status rep ort on its 2022 Action Plan and provides feedback.
DISCUSSION
City Manager Mitchell provided detailed information of the Item.
No public comment was received.
The City Council acknowledged the report received.
COMMISSION REPORTS: None
ACTIVITIES REPORTS/COMMENTS OF MAYOR WELLS:
SANDAG (San Diego Association of Governments) Board of Directors; SANDAG – Audit Committee; LAFCO.
17. Council Activities Report/Comments
Report as submitted.
18. City Council Assignments
RECOMMENDATION:
That the City Council approves City Council assignments (a s identified in the report) to various boards and commissions representing El Cajon.
MOTION BY WELLS, SECOND BY METSCHEL, to APPROVE the City Council assignments (as identified in the report) to various boards and commissions representing El Cajon.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).
Joint Meeting: El Cajon City Council/Housing Authority/ December 13, 2022 Successor Agency to the Redevelopment Agency - 212 - 3:00 p.m.
ACTIVITIES REPORTS 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 Publi c Safety Committee – Alternate.
Council Activities Report/Comments.
Report as submitted.
20. COUNCILMEMBER GARY KENDRICK
METRO Commission/Wast ewater JPA; Heartland Communications; Heartland Fire Training JPA.
Council Activities Report/Comments.
Report as submitted.
21. 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.
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.
Council Activities Report/Comments.
Report as submitted.
Joint Meeting: El Cajon City Council/Housing Authority/ December 13, 2022 Successor Agency to the Redevelopment Agency - 213 - 3:00 p.m.
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.
DISCUSSION
Councilmembers Goble and Ortiz provided detailed information of the Item.
Discussion ensued among Council and Staff concerning the following:
Safety of those renting motel rooms;
Data on type of mental problems;
Motel renters more prone to medical problems;
Motel rooms used as permanent housing;
Coordination with the County of San Diego for services; and Property owner’s responsibility if issues arise at motels.
MOTION BY WELLS, SECOND BY METSCHEL, to RECEIVE the report.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).
GENERAL INFORMATION ITEMS FOR DISCUSSION: None
ORDINANCES: FIRST READING - None
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.
DISCUSSION
No public comment was received.
Joint Meeting: El Cajon City Council/Housing Authority/ December 13, 2022 Successor Agency to the Redevelopment Agency - 214 - 3:00 p.m.
ORDINANCES: SECOND READING AND ADOPTION: (Continued)
The City Clerk recited the title of the ordinance for a second 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
MOTION BY ORTIZ, SECOND BY METSCHEL, to Adopt Ordinance No. 5130, APPROVING 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
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).
CLOSED SESSIONS:
25. Closed Session - CONFERENCE WITH LABOR NEGOTIATORS Agency Designated Representatives: Graham Mitchell, Marisol Thorn - Employee Organizations: El Cajon Mid -Management and Pr ofessional 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
MOTION BY WELLS, SECOND BY ORTIZ, to ADJOURN to Closed
Session at 4:30 p.m.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).
Joint Meeting: El Cajon City Council/Housing Authority/ December 13, 2022 Successor Agency to the Redevelopment Agency - 215 - 3:00 p.m.
CLOSED SESSIONS: (Continued)
RECONVENED to Open Session at 5:03 p.m.
City Attorney Foley reported the following actions:
25. Direction given to Negotiator
26. Council ended the assignment of Special Counsel Services, previously assigned to the City Attorney and the City Manager
27. Direction given to City Attorney
Adjournment: Mayor Wells adjourned the Adjourned Regular Joint Meeting of the El Cajon City Council/ Housing Authority/Successor Agency to the El Cajon Redevelopment Agency held this 13th day of December, 202 2, at 5:04 p.m., to Tuesday, December 13, 2022, at 7:00 p.m.
________________________
ANGELA L. CORTEZ, CMC
City Clerk/Secretary
Joint Meeting: El Cajon City Council/Housing Authority/ December 13, 2022 Successor Agency to the Redevelopment Agency - 216 - 7:00 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
December 13, 2022
An Adjourned Regular Joint Meeting of the El Cajon City Council/Hou sing Authority/ Successor Agency to the El Cajon Redevelopment Agency, held Tuesday, December 13, 2022, was called to order by Mayor/Chair Bill Wells at 7:00 p.m., in the Council Chambers, 200 Civic Center Way, El Cajon, California. This meeting was adjour ned from the Adjourned Regular Joint Meeting held at 3:00 p.m., Tuesday, December 13 , 2022, by order of the El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency.
R O L L C A L L
Council/Agencymembers present: Goble, and Ortiz
Council/Agencymembers absent: Kendrick
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.
AGENDA CHANGES: None
The Valley of Opportunity
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C'o V '-ci ~PorateO
Joint Meeting: El Cajon City Council/Housing Authority/ December 13, 2022 Successor Agency to the Redevelopment Agency - 217 - 7:00 p.m.
PUBLIC COMMENTS:
Keith Spenser spoke about the City’s Claim Policy.
PUBLIC HEARINGS:
100. Specific Plan (SP) No. 2022-0001, an Amendment to Specific Plan No. 452
RECOMMENDATION:
That the City Council:
1. Opens the public hearing and receives testimony;
2. Closes the public hearing;
3. Moves to adopt the next Resolution, in order, APPROVING the CEQA Determination; and
4. Moves to introduce the next Ordinance, in order, APPROVING Specific Plan No. SP-2022-0001, an Amendment to Specific Plan No. 452.
DISCUSSION
Community Development Senior Planner , Michael Viglione, provided a summary of the Item.
Mayor Wells opened the Public Hearing.
No public comment was received.
MOTION BY WELLS, SECOND BY ORTIZ, to CLOSE the Public Hearing.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).
Discussion ensued among Council and Staff concerning the following:
Clarification on the size of the pole sign and monument sign; Good neighbor policy; and
Security concerns for property.
MOTION BY ORTIZ, SECOND BY METSCHEL, to ADOPT Resolution No. 119-22 APPROVING the CEQA Determination; and Moves to introduce the next Ordinance, in order, APPROVING Specific Plan No. SP-2022-0001, an Amendment to Specific Plan No. 452.
MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).
Joint Meeting: El Cajon City Council/Housing Authority/ December 13, 2022 Successor Agency to the Redevelopment Agency - 218 - 7:00 p.m.
PUBLIC HEARINGS: (Item 100 - Continued)
The City Clerk recited the title of the ordinance for a first reading.
AN ORDINANCE AMENDING SPECIFIC PLAN NO. 452 TO AUTHORIZE AN AUTOMOBILE DEALERSHIP AT 1155 GRAVES AVENUE IN THE
REGIONAL COMMERCIAL (RC) GENERAL PLAN DESIGNATION AND
THE C -R (REGIONAL COMMERCIAL) ZONE; ASSESSOR PARCEL
NUMBERS (APNS) 483 -090-15-00; 483 -090-16-00; 483-090-24-00; 483 - 090-25-00; 483-090-26-00; 483-090-42-00; AND 483-090-41-00.
101. Neighborhood Healthcare Expansion Project
RECOMMENDATION:
That the City Council:
1. Opens the public hearing and receives testimony;
2. Closes the public hearing;
3. Moves to adopt the next Resolution, in order, APPROVING the Negative Declaration;
4. Moves to adopt the next Resolution, in order, APPROVING General Plan Amendment No. 2021-0002; and
5. Moves to introduce the next Ordinance, in order, APPROVING Zone Reclassification No. 2021-0001.
DISCUSSION
Mayor Wells recused himself as the proposed project would provide a source of income for him. Mayor Wells left the Chamber at 7:24 p.m.
Community Development Senior Planner , Michael Viglione, provided a summary of the Item.
Councilmember Goble opened the Public Hearing.
Karl Higgins, representing the applicant, spoke in support of the project.
MOTION BY GOBLE, SECOND BY ORTIZ, to CLOSE the Public Hearing.
MOTION CARRIED BY A YES VOTE OF GOBLE, METSCHEL,
ORTIZ (KENDRICK – Absent, WELLS - Disqualified).
Joint Meeting: El Cajon City Council/Housing Authority/ December 13, 2022 Successor Agency to the Redevelopment Agency - 219 - 7:00 p.m.
PUBLIC HEARINGS: (Item 101 - Continued)
MOTION BY METSCHEL, SECOND BY ORTIZ, to ADOPT Resolution No. 120-22 Approving the Negative Declaration; Adopt Resolution No. 121-22 Approving General Plan Amendment No. 2021 -0002; and Moves to introduce the next Ordinance, in order, Approving Zone Reclassification No. 2021-0001.
MOTION CARRIED BY A YES VOTE OF GOBLE, ME TSCHEL,
ORTIZ (KENDRICK – Absent, WELLS - Disqualified).
The City Clerk recited the title of the ordinance for a first reading.
AN ORDINANCE REZONING PROPERTY LOCATED ON THE WEST SIDE
OF NORTH MOLLISON AVENUE BETWEEN EAST MADISON AND EAST
PARK AVENUES AND ADDRESSED AS 470 NORTH MOLLISON FROM
RM-2200 (RESIDENTIAL, MULTI -FAMILY, 2,200 SQUARE FOOT) TO O -P (OFFICE PROFESSIONAL) ZONE; APN:488 -061-17-00; PENDING GENERAL PLAN DESIGNATION: OFFICE/NON-RETAIL (O/NR)
Mayor Wells returned to the Chamber at 7:32 p.m.
102. Greenfield Drive & E. Main Street Specific Plan
RECOMMENDATION:
That the City Council:
1. Opens the Public Hearing and receives testimony;
2. Closes the Public Hearing;
3. Moves to adopt the next Resolution, in order, APPROVING the California Environmental Quality Act exemption; and
4. Moves to introduce the next Ordinance, in order, APPROVING the repeal of Specific Plan 138 and adoption of Specific Plan No. 2022-0004.
DISCUSSION
Councilmember Goble recused himself as his residence is within 500f t of the proposed project. Mr. Goble left the Chamber at 7:33pm.
Deputy Director of Community Development, Noah Alvey, provided a summary of the Item.
Mayor Wells opened the Public Hearing.
Skyler Denniston, representing Kaiser Permanente, spoke in support of the project.
Joint Meeting: El Cajon City Council/Housing Authority/ December 13, 2022 Successor Agency to the Redevelopment Agency - 220 - 7:00 p.m.
PUBLIC HEARINGS: (Item 102 - Continued)
MOTION BY WELLS, SECOND BY METSCHEL, to CLOSE the Public Hearing.
MOTION CARRIED BY A YES VOTE OF WELLS, ME TSCHEL,
ORTIZ (KENDRICK – Absent, GOBLE - Disqualified).
MOTION BY METSCHEL, SECOND BY ORTIZ, to ADOPT Resolution No. 122-22, to Approve the California Environmental Quality Act exemption; and Moves to introduce the next Ordinance, in order, APPROVING t he repeal of Specific Plan 138 and adoption of Specific Plan No. 2022-0004.
MOTION CARRIED BY A YES VOTE OF WELLS, METSCHEL,
ORTIZ (KENDRICK – Absent, GOBLE - Disqualified).
The City Clerk recited the title of the ordinance for a first reading.
AN ORDI NANCE REPEALING SPECIFIC PLAN NO. 138 AND APPROVING SPECIFIC PLAN NO. 2022 -0004 FOR PROPERTIES AT THE SOUTHWEST CORNER OF GREENFIELD DR. & E. MAIN ST. IN THE OFFICE
PROFESSIONAL (O-P) AND RESIDENTIAL, SINGLE -FAMILY, 40,000 SQ. FT. (RS-40) ZONE, GENERAL PLAN DESIGNATION: PUBLIC INSTITUTION (PI) AND OPEN SPACE (O -S) ZONE; ASSESSOR’S PARCEL NUMBERS (APNs) 507-200-58-00; AND 507-320-48-00
Adjournment: Mayor Wells adjourned the Adjourned Regular Joint Meeting of the El Cajon City Council /Housing Authori ty/Successor Agency to the El Cajon Redevelopment Agency held this 13th day of December, 2022, at 7:42 p.m., to Tuesday, January 10, 2022, at 3:00 p.m.
______________________
ANGELA L. CORTEZ, CMC
City Clerk/Secretary
City Council
Agenda Report
Agenda Item 4.
DATE: January 10, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Clay Schoen, Director of Finance
SUBJECT: 2022 Investment Policy Update
RECOMMENDATION:
That the City Council and Housing Authority, respectively, each adopts the next Resolutions, in order, adopting the City of El Cajon Investment Policy and delegating investment authorities to the Director of Finance/Authority Treasurer.
BACKGROUND:
The City’s investment policy requires that the policy be reviewed and adopted annually. The City’s policy was first adopted by the City Council on May 15, 1996. In 2002, the National Association of Public Treasurers in the United States and Canada certified the City’s investment policy as meeting their established standards. The policy has since been reviewed for update every year thereafter to ensure compliance and sound investment practices.
In preparing the update, the City’s investment advisor, Public Financial Management (PFM), was asked to review and provide comment. The only change recommended with this update is references to the City’s annual financial report to reflect the report’s current title of Annual Comprehensive Financial Report. The proposed investment policy is presented for consideration and approval.
FISCAL IMPACT:
Prudent investments provide for the safekeeping of funds and are an important revenue source.
Prepared By: Clay Schoen, Director of Finance
Reviewed By: Vince DiMaggio, Assistant City Manager
Approved By: Graham Mitchell, City Manager
Attachments
Reso Investment Policy Update - City
Reso Investment Policy Update - ECHA
2022 Investment Policy
2022 PFM Recommendation Memo
RESOLUTION NO. ___-23
A RESOLUTION ADOPTING THE
CITY OF EL CAJON
INVESTMENT POLICY AND
DELEGATING INVESTMENT AUTHORITY
TO THE DIRECTOR OF FINANCE
WHEREAS, the City of El Cajon Investment Policy is created for the purpose of establishing safekeeping of principal and prudent investment of City of El Cajon ("City") funds; and
WHEREAS, the policy has been updated to conform to state investment laws, enacted during the past year; and
WHEREAS, the policy has been prepared to standards promulgated by the Municipal Treasurers Association of the United States and Canada; and
WHEREAS, the investment policy has been reviewed by the City’s investment advisors, Public Financial Management ("PFM") and minor changes recommended by PFM have been made.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:
1. The City Council hereby adopts the City of El Cajon Investment Policy, dated January, 2023.
2. The City Council hereby delegates, to the Director of Finance, the authority to invest and reinvest funds of the City, and to sell and exchange securities so purchased, for the period of September 1, 2022, to and including August 31, 2023.
PASSED AND ADOPTED by the City Council of the City of El Cajon, California, at an Adjourned Regular Joint City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Meeting held this 10th day of January 2023, by the following vote to wit:
01/10/23 CC Agenda
Reso - Annual Investment Policy Update - City 122222
RESOLUTION NO. ECHA–__
A RESOLUTION OF THE
EL CAJON HOUSING AUTHORITY
ADOPTING BY REFERENCE THE
CITY OF EL CAJON INVESTMENT POLICY AND
DELEGATING INVESTMENT AUTHORITY
TO THE TREASURER
WHEREAS, the City of El Cajon Investment Policy is created for the purpose of establishing safekeeping of principal and prudent investment of Housing Authority funds; and
WHEREAS, the policy has been updated to conform to state investment laws, enacted during the past year; and
WHEREAS, the policy has been prepared to standards promulgated by the Municipal Treasurers Association of the United States and Canada; and
WHEREAS, the investment policy has been reviewed by the City’s investment advisors, Public Financial Management ("PFM") and minor changes recommended by PFM have been made.
NOW THEREFORE, BE IT RESOLVED BY THE EL CAJON HOUSING
AUTHORITY AS FOLLOWS:
1. The Housing Authority adopts by this reference the City of El Cajon Investment Policy, dated January, 2023 , as the Invest ment Policy for the Housing Authority.
2. The Housing Authority hereby delegates, to the Treasurer, the authority to invest and reinvest funds of the El Cajon Housing Authority, and to sell and exchange securities so purchased, for the period of September 1, 2023, to and including August 31, 2023.
PASSED AND ADOPTED by the El Cajon Housing Authority of the City of El Cajon, California, at an Adjourned Regular Joint City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Meeting held this 10 th day of January, 2023, by the following vote to wit:
CC Agenda
Reso - Annual Investment Policy Update - Housing Authority 122222
CITY OF EL CAJON INVESTMENT POLICY Revised: September January 20231
1 1. Purpose
This Statement is intended to provide guidelines for the pruden t investment of the City's temporarily idle cash, and outline the policies for maximizing the efficiency of
the City’s cash management system. The investment goal is to e nhance the economic condition of the City while insuring the safety of funds invested.
2. Scope
This investment policy applies to all financial assets of the City of El Cajon. Funds applicable are as accounte d for in the City's Comprehensive Annual Comprehensive Financial Report and include:
2.1 Major Governmental Funds
2.2 Non-Major Governmental Funds
2.3 Enterprise Fund
2.4 Internal Service Funds
2.5 Agency Funds
Additionally, the City provides cash management and investment services for:
2.1 El Cajon Housing Authority
2.2 Heartland Fire Training Facility Authority Funds
2.3 Heartland Communication Facility Authority Funds
2.4 Successor Agency to the Form er El Cajon Redevelopment Agency
3. Objective
The City's cash management syste m is designed to accurately mon itor and forecast expenditures and revenues, thus en abling the City to invest funds to the fullest extent possible. The City attempts to obtain the highe st yield on its investments consistent with the criteria established for safety and liquidity.
4. Policy
It is the policy of the City of El Cajon to invest public funds in a manner that will provide maximum security with the highest investment return whi le meeting the daily cash flow demands of the City.
The primary objectives, in priority order, of the City's invest ment activities shall be:
4.1 Safety: Safety of principal is the foremost objective of t he investment program. Investments of the City shall be undertaken in a manne r that
CITY OF EL CAJON INVESTMENT POLICY Revised: September January 20231
2 seeks to reduce the potential for loss of principal, interest or combination of the two. The City invests only in those instruments that are considered very safe.
4.2 Liquidity: The City's investment portfolio will remain suf ficiently liquid to enable the City to meet all operat ing requirements, which might b e reasonably anticipated. Liquidi ty refers to the ability to con vert an investment to cash promptly with minimum risk of losing some po rtion of principal or interest.
4.3 Yield: Yield is defined as the average annual return on an investment based on the interest rate, price , and length of time to maturi ty. The City attempts to obtain the highest yield possible, provided that the basic criteria of safety and liquidity have been met. The City’s investment p ortfolio shall be designed with the objective of attaining a benchmark rate of r e t u r n throughout budgetary and economic cycl es, commensurate with the City’s investment risk constraints and cash flow characteristics of the portfolio.
5. Prudence
Investments will confo rm to all state and lo cal statues governi ng the investment of public funds. Investments shall be made with care, skill, pr udence, and diligence under the circumstance s then prevailing , including, b ut not limited to, the general economic conditions a nd the anticipated needs of th e agency, that a prudent person acting in a like capacity and familiarity with t hose matters would use in the conduct of funds of a like character and with like a ims, to safeguard the principal and maintain the liquidity needs of the City. Th e standard of prudence to be used by investmen t officials shall be the "prude nt investor" standard and shall be applied in t he context of managing an ove rall portfolio.
Investment officers, acting in accordance with written procedur es and the investment policy and exercising due diligence, shall be reliev ed of personal responsibility for an individual security's credit risk or mark e t p r i c e c h a n g e s , provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adv erse developments.
6. Conscientious Investing
The City has taken great lengths to protect its youth from the effects of alcohol, tobacco, and marijuana. Consiste nt with the continuation of tha t goal, no investment, otherwise authorized elsewhere in this policy, shal l be made in a security of an organiza tion operated for t he primary purpose of the sale or distribution of t hese products.
CITY OF EL CAJON INVESTMENT POLICY Revised: September January 20231
3 7. Authorized Investments
The City is empowered by statue to invest in securities listed below.
Percentage holding limits listed in this section apply at the t ime the security is purchased. In the event a security held by the City is subject to a credit rating change that brings it below the minimum credit ratings specifie d in this policy, the Director of Finance/Treasurer should notify the City Counci l of the change.
The course of action to be followed will then be decided on a case-by-case basis, considering such factors as th e reason for the change, prognosi s for recovery or further rate drops, and the market price of the security.
Bond reserves and proceeds shall be invested in securities perm itted by the applicable bond documents. If the bond documents are silent as to permitted investments, bond proceeds will be invested in securities permi tted by this Policy:
7.1 Bank Deposits FDIC insured or fully collateralized demand d eposit accounts, savings accounts, marke t rate accounts, time certific ates of deposits (“TCDs”) and other types of bank deposits in financial institutions located in California. The amount on deposit in any financial institution shall not exceed the shareholder’s equity. To be eligible to receive City deposits, the financial institution must have received a minimum overall satisfactory rating, under the Community Redeve lopment Act, for meeting the credit needs of California Communities in its most recent evaluation. B a n k deposits are required to be collateralized as specified under G overnment Code Section 53630 et seq. The Director of Finance/Treasurer, at his/her discretion, may waive the collateralization requirements for any portion that is covered by federal deposit i nsurance. The City shall have a signed agreement with any depository accepting City funds per Government Code Section 53649. The maturity of TCDs may not exceed 1 year in m aturity.
There is no limit on the percenta ge of the portfolio that may b e invested in bank deposits. However, a maximum of 20 percent of the portfolio may be invested in TCDs.
7.2 Negotiable Certificates of Deposit Negotiable certificates of deposit (NCDs) issued by a nationally or state- chartered bank, a savings assoc iation or a federal association, a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. Purchases are limi ted to institutions which have long-term debt rated in the rating cate gory of “A” or its equivalent or better by a Na tionally Recognized Statistical Rating Organization (“NRSRO”); and/or have short-term debt rated “A-1” or higher or its equivalent by a NRSRO. P urchases of Negotiable CDs may not exceed 30% of the City’s investment portfolio.
CITY OF EL CAJON INVESTMENT POLICY Revised: September January 20231
4 7.3 Placement Service Deposits Bank deposits placed with a pri vate sector entity that assists in the place ment of deposits with eligible financial institutions located in the United States. The full amount of the principal and the interest that may be accrued during the maximum term of eac h deposit shall at all times be insured by federal deposit insurance. Pl acement Deposits shall meet all of the re quirements of Government Code Section 53601.8. Purchases of Placement S ervice CDs may not exceed 30% of the City’s investment portfolio.
7.4 Securities of the U.S. Gov ernment or its Agencies Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including t hose issued by or fully guaran teed as to principal and interest by federal agencies or United States gov ernment- sponsored enterprises.
7.5 Treasury Bills and Notes U.S. Treasury Bills, Notes, Bonds or Certificates of indebtedness, or those for whic h the full faith and credit o f the United States are pledged for the payment of principal and interest.
7.6 Medium-Term Notes Medium-t erm notes are defined as all cor porate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operat ing within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Purchases are limited to securities rated in the rating category of “A” or its equivalent or better by a NRSRO. A maximum of 30 perc ent of the portfolio may be inves ted in this category.
7.7 Municipal Debt Registered tre asury notes or bonds of this or any of the other 49 United States, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operate d by a state or by a department, board, agency, or authority of this state or any of the other 49 United States.
Bonds, notes, warrants, or othe r evidences of indebtedness of a ny local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operate d by the local agency, or by a department, board, agency, or authority o f the local agency.
Purchases are limited to securit ies rated in the rating categor y of “A” or its equivalent or better by a NRSRO. A maximum of 20 percent of the portfolio
CITY OF EL CAJON INVESTMENT POLICY Revised: September January 20231
5 may be invested in this category. The amount invested with any one issuer shall not exceed 10 percent of the portfolio.
7.8 Supranationals. United States dollar denominated senior un secured unsubordinated obligations issued or unconditionally guaranteed b y t h e International Bank for Reconstr uction and Development, Internat ional Finance Corporation, or Inter-Ame rican Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United Stat es. Investments under this subdi vision shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and shall not exceed 30 percent of the portfolio.
7.9 Asset-Backed Securities. A sset-backed securities include mortgage pass- through securities, collateralized mortgage obligations, mortga ge-backed or other pay-through bonds, equip ment lease-backed certificates , consumer receivable pass-through certificates, and consumer rec eivable- backed bonds. Purchases are limited to securities rated in a rating category of “AA” or its equivalent or better by a NRSRO. A maximum of 2 0 percent of the portfolio may be invested in this category.
7.10 Local Agency Investment Fund (L AIF) Investment of funds in the California State Pool (LAIF), subject to the State's maximum investment regulation.
7.11 Bankers’ Acceptance Bills of exchange or time drafts draw n on and accepted by a commercial bank, otherwise known as Bankers’ Acceptances, which are eligible for purchase by the Federal Res erve System, the short term paper of which is rated in the highest category by a NRSRO. Purchases of Bankers’ Acceptances may not exceed 180 da ys maturity or 30% of the City's investment portfolio.
7.12 Commercial Paper rated the highest ranking or of the highe st letter and number rating as provided for by a NRSRO. The entity that issu es the commercial paper shall meet all of the conditions in either paragraph (1) or paragraph (2):
(1) The corporation shall be organized and operating within the United States, shall have total assets in excess of five hundred million dollars ($500,000,000), and shall issue debt, other than commercial paper, if any, that is rated in a rating category of “A” or its equivalent or higher by a NRSRO.
(2) The
corporation shall be organized with the United States as a special purpose corporation, trust, or limited liability company, has p rogram wide credit enhancements including, but not limited to, over
CITY OF EL CAJON INVESTMENT POLICY Revised: September January 20231
6 collateralizations, letters of credit, or surety bond; has comm ercial paper that is rated “A-1” or higher, or its equivalent, by a NRSRO.
Purchases of commercial paper may not exceed 25% of the City’s investment portfolio.
7.13 Repurchase Agreements (Repos ) A purchase of securities by the City pursuant to an agreement by whic h the seller will repurchase su ch securities on or before a spec ified date, or on demand of eithe r party, and for a specified amount. Investments in repos will be used sole ly as short- term investments not to exceed 30 days or 30% of the City’s inv estment portfolio. Prior to investing in repurchase agreements the City shall have properly executed a master repurc hase agreement with each count erparty with which it enters into repurchase agreements.
The following collateral restrictions will be observed: Only U .S. Treasury securities or Federal Agency securities, as described in Sectio n 6.4 and
6.5, will be acceptable collatera l. All securities underlying Repurchase Agreements must be delivered to the City’s custodian bank versus payment or be handled under a tri-party r epurchase agreement. The tota l of all collateral for each Repurchase Ag reement must equal or exceed, on the basis of market value plus accru ed interest, 102 percent of the total dollar value of the money invested by the City for the term of the investment. Since the market value of the underlying securities is subject to dai ly market fluctuations, the investments in repurchase agreements shall be i n compliance if the value of the underlying securities is brought back up to 102 percent no later than the nex t business day. For any Repur chase Agreement with a term of more than one day, the value of the un derlying securities must be reviewed on a regular basis. Market Value m ust be calculated each time there is a substitution of collateral.
The City or its trustee shall have a perfected first security interest under the Uniform Commercial Code in all se curities subject to Repurchase Agreement.
The City may enter into Repurchas e Agreements wit h (1) primary dealers in U.S. Government securities who are eligible to transact busi ness with, and who report to, the Federal Reserve Bank of New York, and (2 ) California and non-California banki ng institutions having asset s in excess of $1 billion and in the highest short-term rating category as provided by a NRSRO.
7.14 Money Market Mutual Funds Mu tual funds must consist of se curities and obligations of the U.S. Treas ury and agencies of the federal go vernment,
CITY OF EL CAJON INVESTMENT POLICY Revised: September January 20231
7 and repurchase agreements collate ralized with U.S. Treasury and Federal Agency obligations. The management companies shall either (1) attain the highest ranking or the highest letters and numerical rating pro vided by not less than two of the three largest NRSRO, or (2) have an investment advisor registered with the Securities and Exchange Commission with not less than five years’ experience investin g in the securities and obligati ons as authorized above and with assets under management in excess of five hundred million dollars ($500,000, 000). The purchase price of s hares for beneficial interest purchase shall not include any commission a nd shall not exceed 15% of the City's surplus money, which may be invested.
7.15 County of San Diego Treasury (County Pool) Investment in the County of San Diego Treasury pool not to ex ceed 30% of the City's investm ent portfolio.
7.16 California Asset Management T rust Shares of beneficial interest issued by a joint powers authority organi zed pursuant to Section 6509.7 t hat invests in the securities and obligati ons authorized in Government Code .
Investment in the Trust’s Cash Reserve Portfolio (pool) not to exceed 30% of the City’s investment portfolio.
7.17 Other investments that are , or may become, legal investmen ts through the State of California Government Code and with prior approval of the City Council.
8. Diversification and Maturity
The investment portfolio shall be diversified among security ty pes, individual financial institutions or matu rity segments. In addition to the percentage limitation specified in Section 6 above, t he maximum amount of the portfol io the City may invest with any one non-governmental issuer is 10%. Percentage limitations apply at time of purchase.
This investment policy limits maturities to five years unless t he City Council has granted express authority to make that investment either specifically or as a part of an investment program approved by the City Council no less than three months prior to the investment. Bond reserve funds may be invested in securities exceeding five years if the maturity of such investments is mad e to coincide as nearly as practicable with the expected use of funds.
9. Investment Reports
The Director of Finance/Treasurer shall submit a quarterly investment report to the City Manager and City Council as soon as practical but no later than 60 days after
CITY OF EL CAJON INVESTMENT POLICY Revised: September January 20231
8 the close of the quarter, except at fiscal year-end when the report shall be submitted no later than 90 days after the close of the quarter. The repor t shall include performance, market sector and in terest earnings, the state of the investment market, highlight changes since the last report, and discuss in vestment strategy.
Reporting shall be on the basis of both cost and market. The report shall include:
9.1 A listing of individual securities held at the end of the r eporting period by authorized investment category.
9.2 A listing of all investment types at par values, date of ma turity, and the market value.
9.3 Quarterly historical dat a by investment category.
9.4 Pool investment portfolio mak e-up, by investment categories (BA’s, CD’s, Commercial Paper, Agencies, etc.).
9.5 Percentage of portfolio repr esented by each investment category.
The policy recognizes that reporting on a market basis will periodically cause market gains or losses to be reported. In most instances such gains or losses will not be realized since individual securit ies with specific maturities a re purchased based upon projected cash flows and normally will not be liquidated prior to maturity.
The report shall state whether t he investments comply with the investment policy, or manner in which the portfolio i s not in compliance, and whet her the City will be able to meet its needs for cash for the next six months, or pro vide an explanation as to why sufficient money shall, or may, not be available.
10. Internal Controls
The Director of Finance/Treasurer is responsible for establishi ng and maintaining an internal control structure des igned to ensure that the asset s of the entity are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes t hat (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgment by management. The internal controls sh all address the following points:
10.1 Control of Collusion - Collusion is a situation where two or more employees are working together to defraud their employer.
CITY OF EL CAJON INVESTMENT POLICY Revised: September January 20231
9 10.2 Separation of Duties - By separating the person who authorizes or performs the transaction from the people w ho record or otherwise account for the transaction, a separation of duties is achieved.
10.3 Custodial Safekeeping - Secu rities purchased from any bank or dealer, including appropriate collateral, shall be placed and held by a third party custodian designated by the Director of Finance/Treasurer and e videnced by safekeeping receipts.
10.4 Avoidance of physical delivery securities - Book entry sec urities are much easier to transfer and account for since actual delivery of a document never takes place. All security transactions entered into by the Cit y shall be conducted on a delivery-versus-payment (DVP) basis.
10.5 Clear Delegation of Authority - Subordinate staff members must have a clear understanding of their authority and responsibility to av oid improper actions.
10.6 Written Confirmation of T elephone Transactions for Investm ents and Wire Transfers - Due to the potential for error arising from telepho ne transactions, all telephone transactions shall be supported by written communications and approved by the appropriate person.
10.7 The Director of Finance/Treas urer shall establish an annua l process of independent review by the external auditor. This review will provide internal control by assuring compliance with policies and procedures.
10.8 The Director of Finance/Tr easurer shall establish a review process for government investment pools used by the City. At a minimum, the City shall maintain on file a copy of the pool’s investment policy and its requirements for participation, including limit ations on deposits or withdra wals. For any pools used by the City, the Direc tor of Finance/Treasurer shall include a listing by report to the Board qu arterly by percentage the amou nt the pool has invested by investment sector.
11. Use of Professional Investment Manager
The City has engaged an investment advisor to assist in its inv estment program.
Investments made by the Investm ent Advisor will be under the di rection of the Director of Finance/Treasurer and will conform to this policy a nd within limitations of the Government Code.
12. Authorized Financial Dealers and Institutions
CITY OF EL CAJON INVESTMENT POLICY Revised: September January 20231
10 For transactions executed by the City’s Investment Advisor, the Investment Advisor shall select broker/dealers according to Investment Advisor’s selection policy. The use of broker/dealers will confo rm to the Investment Advisor’s approved list at the time of investment. For transac tions executed directly by the City and not purchased from the issuer, the Dir ector of Finance/Treasurer will maintain a list of financial institutions authorized to execute investment transactions.
13. Safekeeping and Custody
All security transactions entered into by the City shall be con ducted on a delivery- versus-payment (DVP) basis. To protect against potential losse s by collapse of individual securities dealers, and to enhance access to securit ies, interest payments and maturity proceeds, all securities owned by the Cit y shall be held in safekeeping by a third party bank trust department, acting as a gent for the City under the terms of a custody agreement executed by the bank and by the City. The only exception to the foregoing shall be investments in: (i) depository accounts, (ii) LAIF, the county pool and other local government investment pools, and (iii) money market mutual funds, since the purchased securities are not deliverable. Evidence of each these investments will be held by the City.
14. Other Constraints
The City shall operate its invest ments within the many stated a nd self-imposed constraints. The City shall not leverage funds for investment purposes. It shall buy no stocks, shall not speculate, nor shall it deal in futures or options, or buy on the margin. Outside of participation in the State and County investment pools, the City shall not have any investments in exotic instruments such as inverse floaters, range notes, or mortgage-derived, inter est-only strips, reverse repur chase agreements, or flexible repurchase agreements. The City will not purchase a ny security having an interest rate derived from an index, commodity price or othe r variable, i.e., securities commonly known as derivatives. The City may invest in floating rate securities.
15. Performance Standards – Yield
The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and ec onomic cycles, commensurate w ith the investment risk constraints and cash flow needs. The City may u tilize either a passive or active management approach of portfolio assets. Acc ordingly, the City may from time to time sell securities that it owns in order to better reposition its portfolio assets in accordance with changes in cash flow schedu les or market conditions. Given this strategy, the basis used by the Director of Finance/Treasurer
CITY OF EL CAJON INVESTMENT POLICY Revised: September January 20231
11 to determine whether market yields are being achieved shall be to compare the City’s portfolio yield to LAIF and two-year Treasury Note rates.
16. Ethics and Conflict of Interest
Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions.
Employees and investment officials shall disclose to the City Manager any material financial interests in financial institutions that conduct busi ness within their jurisdiction, and they shall further disclose any large persona l financial/investment positions that could be related to the performance of the City.
17. Investment Procedures
The Director of Finance/Treasurer shall establish written inves tment policy procedures for the operation of the investment program consistent with this policy.
The procedures include reference to: safekeeping, repurchase ag reements, wire transfer agreements, banking service contracts and collateral/d epository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of th is policy and the procedures established by the Director of Finance/Treasurer.
18. Delegation of Authority
Management responsibility for the investment program is hereby delegated for a one-year period to the Director of Finance/Treasurer who shall have full responsibility until the delegati on of authority is revoked or expires for all transactions undertaken and shall establish a system of control s to regulate the activities of subordinate officials, and their procedures in the absence of the Director of Finance/Treasurer.
19. Investment Policy Adoption
The City’s investment policy shall be adopted by resolution of the City Council. The policy shall be reviewed annually by the City Council and any m odifications made thereto must be approved by the City Council.
.
Memorandum
To: Clay Schoen, CPA, Director of Financer
City of El Cajon
From: Sarah Meacham, Managing Director
Richard Babbe, CCM, Senior Managing Consultant
PFM Asset Management LLC
Re: 2022 Investment Policy Review
December 8, 2022
We completed our review of the City of El Cajon’s (“City”) Investment Policy (“Policy”). The City’s Policy is comprehensive and is consistent with California Government Code (“Code”) statutes regulating the investment of public funds. We are, however, recommending The City update the Policy’s reference to the annual financial report to incorporate GASB Statement No. 98 . In October 2021, Governmental Accounting Standards Board Statement No. 98 officially changed the name Comprehensive Annual Financial Report to Annual Comprehensive Financial Report and the acronym to ACFR.
Although no changes are required, we also wanted to bring to your attention to two upcoming Code changes that were mad e as part of SB 1489, which will take effect January 1, 2023. The Bill updates the quarterly reporting deadline and clarifies how to calculate a security’s maximum maturity at purchase. First, SB 1489 increased the deadline for quarterly reports in Code section 53646 (b)(1) to 45 days from 30 days. As reporting is optio nal under Code, the City should determine whether to implement this change.
Second, Code had not previously defined whether a security’s remaining maturity was to be calculated from trade or settlement date. To provide greater clarity, SB 1489 provides that an investment’s remaining maturity at purchase is to be measured from the investment’s settlement date (the Bill further specifies that the forward settlement date of an investment cannot excee
d 45 days from the time of investment). This will provide local agencies more opportunities to consider new issue five‐year securities. The remaining maturity on five‐year new issue securities will often exceed five years if calculated to trade date but not if calculated to settl ement date. As neither trade nor settlement date is referenced in the Policy, no changes are required.
Please let us know if you have any questions or if you would like to discuss further. pfm ) asset
management
City Council
Agenda Report
Agenda Item 5.
DATE: January 10, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Yazmin Arellano, Director of Public of Works
SUBJECT: Capital Outlay Authorization
RECOMMENDATION:
That the City Council authorizes the City Manager, or approved designee, to use the Wildfire and Forest Resilience Program (WEAP21) grant funds to purchase a mini excavator for approximately $70,000.
BACKGROUND:
On April 12, 2022, the City Council approved Resolution No. 028-22 to accept and appropriate additional Wildfire and Forest Resilience Program (WEAP21) grant funding for $2,625,000, for a total grant funding amount of $3,125,000. This resolution included utilizing grant funds to purchase brush-clearing equipment and heavy machinery to be used by City operations staff for enhanced brush-clearing and fuel reduction purposes.
The San Diego River Conservancy validated the purchase of brush-clearing equipment as an eligible grant expenditure.
FISCAL IMPACT:
Approval of this capital purchase does not result in increased appropriations. Sufficient funding is available for this activity as part of the Wildfire and Forest Resilience Program (WEAP21) grant.
Prepared By: Sara Marshall, Senior Management Analyst
Reviewed By: Yazmin Arellano, Director of Public Works
Approved By: Graham Mitchell, City Manager
Attachments
Mini Excavator
ADDITIONAL EXPENSES (State the cost of additional items, ongoing maintenance costs or other expenses, if any, to place the equipment in full operation)
N/A
Prepared by: Sara Marshall & Martin Bitterling
Department Head: Yazmin Arellano
NEW OR REPLACEMENT? (If new, state usage. If replacement, state age of equipment to be replaced.) New. This mini excavator is to be used to access flat or sloped areas in order to reduce potential fire hazards.
ESTIMATED LIFE OF REQUESTED ITEM (Provide an estimated useful life of requested equipment and estimated replacement date.)
12-15 years.
JUSTIFICATION FOR REQUEST (Explain necessity for and benefits derived from this purchase. If the equipment is substantially different than the equipment it replaces, additional justification should be given.) This mini excavator is to be used to access flat or sloped areas in order to reduce potential fire hazards.
TOTAL NET
COST
1 Mini Excavator $70,000.00 $70,000.00 $70,000.00
QTY DESCRIPTION UNIT COST
PURCHASE
PRICE
PLUS:
INSTALL
LESS:
TRADE-IN
PROPERTY (CAPITAL OUTLAY) REQUEST
Fiscal Year 2022-23
ACTIVITY: 251580 BUDGET ACTIVITY NO: 251580
I I
City Council
Agenda Report
Agenda Item 6.
DATE: January 10, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Mara Romano, Purchasing Agent
SUBJECT: Contract Amendment for Wells Park Improvements - Storm Water Treatment & Landscaping
RECOMMENDATION:
That the City Council adopts the next Resolution, in order, to amend the scope of work and to increase the compensation for the Agreement for Professional Services with Chen Ryan Associates, Inc., for Wells Park Sustainability Improvements - Civil Engineering services in the not-to-exceed amount of $23,000.
BACKGROUND:
On October 22, 2019, the City Council approved SOQ No. 004-20 – On-Call Professional Services. The Statement of Qualifications (SOQ) resulted in a pre-qualified list of firms for on-call professional services covering multiple disciplines such as architectural, building/fire plan check, civil engineering, construction management, electrical/mechanical engineering, geotechnical, land surveying, and storm water management. Contracts greater than $75,000 require City Council approval.
On April 6, 2020, the City entered into a one-year contract to provide civil engineering services with Chen Ryan Associates, Inc. in the amount of $74,930 effective through April 5, 2023 (the first two amendments comprised of time extensions only). The additional request is for park signage design services, topographic survey of Madison Avenue from the centerline to the southern right-of-way, and amend construction plans to address pothole concerns, requiring additional compensation.
Staff is requesting to increase the contract by $23,000 to provide for the above-mentioned additional services.
FISCAL IMPACT:
Approval of the $23,000 increase will supplement the existing contract with Chen Ryan Associates, Inc. for a total contract amount of $97,930. Sufficient funds are available in the Fiscal Year 2022-23 budget, Wells Park Improvements – Stormwater Treatment and Landscaping (203700PWCP).
Prepared By: Mara Romano, Purchasing Agent
Reviewed By: Yazmin Arellano, Director of Public Works
Approved By: Graham Mitchell, City Manager
Attachments
Resolution
RESOLUTION NO. ___-23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EL CAJON APPROVING
AMENDMENT OF AN AGREEMENT
FOR CIVIL ENGINEERING SERVICES
WHEREAS, on October 22, 2019, the City Council approved SOQ No. 004- 20 – On-Call Professional Services, resulting in a pre- qualified list of firms for on- call professional services covering multiple disciplines such as architectural, building/fire plan check, civil engineering, construction management, electrical/mechanical engineering, geotechnical, land surveying, and storm water management; and
WHEREAS, agreements exceeding $75,000 must be approved by City Council; and
WHEREAS, on April 6, 2020, the City Council approved entering into an agreement with Chen Ryan Associates, Inc. ("Chen Ryan"), to provide civil engineering services in the amount of $74,930 for a one-year term (the "Agreement") for Wells Park Sustainability Improvements (the "Project"); and
WHEREAS, the Agreement was amended on April 22, 2021 and March 21, 2022, to extend the term for two (2) additional years, through April 5, 2023; and
WHEREAS, staff has determined that additional compensation in the sum of $23,000 is necessary to include park signage design services, topographic survey of Madison Ave from the centerline to the southern right -of-way, and construction plans to address pothole concerns; and
WHEREAS, approval of the $23,000 additional compensation will resul t in a total not-to-exceed amount of $97,930 for the Agreement; and
WHEREAS, sufficient funds are available in the Fiscal Year 2022-23 budget, Wells Park Improvements – Stormwater Treatment and Landscaping; and
WHEREAS, the City Council believes it to be in the City's best interest to approve additional compensation in the not -to-exceed amount of $23,00 0, for the Project, for a total not-to-exceed amount of $97,930.
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 amendment of the Agreement to provide additional compensation of $23,000 as requested by staff, for a total not -to- exceed amount of $97,930.
3. The City Council hereby authorizes the City Manager to execute an amendment to the Agreement, with such changes as may be approved by the City Manager.
01/10/23 CC Agenda
Reso – Amend Chen Ryan PSA (Wells Pk Sustainability Imprvmts) 010323
City Council
Agenda Report
Agenda Item 7.
DATE: January 10, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Noah Alvey, Deputy Director of Community Development SUBJECT: Appeal of Planning Commission's Decision Denying a Request to Add Off-Sale Alcohol to an Existing Convenience Store at 500 N. Second Street 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, affirming the decision of the El Cajon Planning Commission and DENYING the request to add off-sale alcohol to an existing convenience store at 500 N. Second Street.
3. PROJECT DESCRIPTION:
This is an appeal of the Planning Commission's decision to deny a request to establish off-sale beer and wine for off-site consumption at an existing convenience store at 500 N. Second Street. The convenience store is approximately 2,958 sq. ft. in size with a sales floor area of approximately 1,705 sq. ft. The applicant proposes a maximum of 10 percent of the retail sales floor area be used for retail display of beer and wine for off-site consumption.
BACKGROUND:
General Plan: Neighborhood Commercial (NC)
Zone: C-N (Neighborhood Commercial)
Notable State
Law(s):
Alcoholic Beverage Control Act; Business and Professions Code Section 23958.4(b)(2)
Applicant: R. Bruce Evans on behalf of 7-Eleven Inc. and the store franchisees Kashmira and Tushar Bharucha
Project Chronology
The existing convenience store was approved under Site Development Plan No. 1486 by the City Council on March 26, 2013. On March 18, 2014, the Planning Commission denied a request to add off-sale beer and wine to the convenience store. The Planning Commission found that the subject site was located in a census tract that was over-concentrated with off-sale alcohol outlets and that the site was in a high crime area. The Planning Commission decision was appealed and on July 22, 2014, the appeal was denied by the City Council.
Construction of the convenience store was completed on January 9, 2015 and it has operated as a 7-Eleven convenience store since that time.
as a 7-Eleven convenience store since that time.
Project Site & Constraints
The subject property is approximately 15,000 square feet in area and is located at the northwest corner of North Second Street and East Madison Avenue. The site is positioned partially in front of Madison Plaza and shares interconnecting access between parking areas on the north and west. Madison Plaza is a neighborhood shopping center and consists of several parcels within the block formed by North Second Street, Oakdale Avenue, and East Madison Avenue.
Surrounding Context
The properties surrounding the project site are developed and zoned as follows:
Direction Zones Land Uses
North C-N Madison Plaza Shopping Center/Carl’s Jr.
South C-G Town & Country Shopping Center and gas station East C-G Diego Valley East Public Charter School
West C-G/RM-2200 Madison Plaza Shopping Center/Multiple-family dwelling units General Plan
The project site is designated NC (Neighborhood Commercial) on the General Plan Land Use Map. As described in the General Plan, NC designated areas are intended to accommodate commercial development in the form of small shopping centers or individual commercial buildings in close proximity to residential neighborhoods, which serve the daily shopping needs of residents.
ABC and 2016 Moratorium
Licenses for off-sale beer and wine establishments are issued by the State of California Department of Alcoholic Beverage and Control (ABC). State laws limit the concentration of licenses within the crime reporting districts of the local jurisdiction. For cities, such as El Cajon, these are based on "census tracts." ABC regulations periodically (about every 5 years) identify those cities having crime reporting districts with 120% or more of the average of crimes in its districts and applies a "moratorium" on the issuance of licenses with certain exceptions. In 2016, the most recent year of ABC's analysis (2016 Moratorium), El Cajon was identified as a "moratorium city," and remains so at the present time. This means that an ABC license is subject to City approval.
Municipal Code/Zoning Code
El Cajon Municipal Code (ECMC) Chapter 17.210 indicates convenience stores with off-sale alcoholic beverage sales, limited to beer and wine, may be approved by conditional use permit (CUP) subject to findings. ECMC Chapter 17.210 is the Alcohol Sales and Deemed Approved Alcohol Sales Ordinance which includes location requirements, required findings, and conditions of approval for new off-sale beverage activities. Excerpts from Chapter 17.210 that apply to the request for a conditional use permit at 500 N. Second St. are included as an attachment to this report.
I II I
I II I
DISCUSSION
The subject site is located in Census Tract 163.02. This census tract currently has four active off-sale licenses. ABC’s authorized number of off-sale licenses for this census tract is three, thus making the census tract over-concentrated. The City's current overall off-sale license count is 76.
The average crime rate for the City is 164 offenses per district and 120% of the citywide average is 197 offenses. ABC considers offense rates up to 120% to be average. The total number of offenses in census tract 163.02 was 280 offenses or 170.7% of the citywide average.
A range of 120-200% of the citywide average is considered “High” based on ABC criteria. Staff would also note that census tract 157.01 is located immediately south of the subject site, across E. Madison Ave., and has the highest crime rate in the City with 533 offenses or 325% of the citywide average.
Staff would like to note that the ABC list of licenses within Census Tract 163.02 incorrectly includes a license at 601 N. Second St., which is located in Census Tract 164.03. Since the subject area does not have a capacity for additional off-sale licenses, as defined by ABC, and has a high crime rate, adding a license to this location would not be consistent with the finding that the area in which the off-sale license is requested has capacity for an additional license and has a low to average crime rate as described in ECMC section 17.210.110.D.
The applicant’s project description indicates that the applicant, “will agree to purchase a second ABC License (21-194540), which it will then transfer out of the City of El Cajon altogether, or in the alternative facilitate the cancelation of the Type 21 license.” ECMC section 17.210.120 anticipates this type of request and states, “In order to make required findings the applicant must acquire an existing off-sale license issued by the ABC from an off-sale alcohol sales establishment located in an over-concentrated census tract in the City of El Cajon and transfer the license to an approved location or otherwise extinguish such license.” However, before this finding can be made, the subject census tract must have capacity and have less than a high crime rate.
ABC License (21-194540) is associated with 950 N. Second St., which is the former Vons grocery store that closed and was recently converted into a religious facility. The ABC license database indicates that this license has been surrendered. Furthermore, on September 3, 2019, the Planning Commission terminated the deemed approved status for off-sale alcohol sales at 950 N. Second St. and found that the termination would reduce the number of off-sale outlets in the City and the potential to increase issues related to the sale of alcohol, such as loitering, public drunkenness, alcoholic beverage sales to minors, noise, and littering. Staff does not consider the license for 950 N. Second St. to be an existing license because the store is no longer in existence and because the deemed approved status for the store has been revoked.
PLANNING COMMISSION RECOMMENDATION:
On October 18, 2022, the Planning Commission held a duly noticed public hearing for the request. The applicant's representative, R. Bruce Evans, and one of the store's franchisees, Kashmira Bharucha, spoke in opposition to the staff recommendation. With Commissioner Mroz absent, the Planning Commission voted 4-0 to deny the request. The Planning Commission found that the over-concentration of licenses within the census tract associated with the site, as well as the crime rate for the area, supported staff's recommendation to deny the request.
FINDINGS:
The proposed off-sale beer and wine sales with a convenience store is consistent with applicable goals, policies, and programs of the General Plan.
A.
Excessive off-sale licenses create negative impacts on the overall community and nearby residential neighborhoods, including but not limited to noise, traffic, litter, crime, and other public nuisances. Furthermore, the current over-saturation of alcoholic beverage outlets strains City resources, aggravates existing crime problems, and negatively impacts public safety. General Plan Policy 5-9.1 directs the City to improve public safety for all residents through community policing efforts and crime prevention measures. Therefore, the proposed off-sale beer and wine sales in an over-concentrated census tract with a high crime rate is not consistent with this finding.
The proposed off-sale beer and wine sales with a convenience store is consistent with all applicable use and development standards, including off-sale alcohol locational requirements.
B.
The existing site and building are consistent with all applicable use and development standards. Furthermore, the proposed off-sale beer and wine sales do not directly affect the underlying zone’s development, and would not remove any required parking from the site. Moreover, the proposed establishment meets the locational requirements of ECMC section 17.210.090.
The proposed off-sale beer and wine sales with a convenience store will be operated in a manner that is compatible with existing and planned land uses in the vicinity of the proposed use.
C.
The City’s over-concentration of alcoholic beverage outlets creates negative impacts on the overall community, and it generates secondary effects of negative impacts on the surrounding environment. Furthermore, the subject census tract has four existing off-sale establishments and the addition of a fifth license will further exacerbate the over-concentration. Therefore, the addition of off-sale beer and wine sales is not compatible with existing and planned land uses and is not consistent with this finding.
The proposed off-sale beer and wine sales with a convenience store will not be detrimental to the public health, safety, and general welfare, including effects on nearby neighborhoods, places of worship, and other alcoholic beverage sales activity establishments.
D.
The current over-concentration of licenses for off-sale alcohol strains City resources, aggravates existing crime problems, and negatively impacts public safety. The proposed use is within Census Tract 163.02, which is a “high” crime area at 170.7% of the citywide average. Crime problems in the area would be exacerbated due to the greater accessibility of alcoholic beverages that the proposed use would make possible. Furthermore, Census Tract 157.01 is located immediately south of the subject site, across E. Madison Ave., and has the highest crime rate in the City with 533 offenses or 325% of the citywide average.
Therefore, off-sale beer and wine sales are not consistent with this finding.
The proposed off-sale beer and wine sales with a convenience store is in the best interest of public convenience and necessity.
E.
Four off-sale licensed establishments currently exist in the subject census tract and four more are in close proximity in the adjacent census tract, south of E. Madison Ave. along North Second Street. Therefore, off-sale beer and wine sale outlets are conveniently located nearby at existing stores such as WalMart, Grocery Outlet, Liquor Town, and Sprouts Farmers Market.
The proposed off-sale beer and wine sales is located in a census tract with capacity for additional off-sale licenses, as defined by the California Department of Alcohol Beverage Control, with low to average crime rates, as defined by the Police Department annually, subject to the condition that an additional off-sale establishment will not be contradictory to a moratorium.
F.
The proposed off-sale of beer and wine sales is located in a census tract with four off-sale alcohol outlets. The California Department of Alcohol Beverage Control’s authorized number of off-sale licenses for this census tract is three; therefore, there is no capacity for additional off-sale licenses. Furthermore, the crime rate is high and adding an additional license to this location would be contradictory to the 2016 Moratorium.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA) according to section 15061(b)(4) of the CEQA Guidelines. Section 15061(b)(4) states that projects which are disapproved by a public agency are exempt from CEQA.
PUBLIC NOTICE & INPUT:
Notice of this public hearing was mailed on December 20, 2022, to all property owners within 300 feet of the project site and to anyone who requested such notice in writing, 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 on the City’s website.
RECOMMENDATION:
Staff is recommending that the City Council affirm the Planning Commission's denial of the conditional use permit because the required findings cannot be made, specifically due to the census tract associated with the subject site having an over-concentration of existing off-sale licenses and a high crime rate.
Prepared By: Noah Alvey, Deputy Director of Community Development Reviewed By: Anthony Shute, Director of Community Development Approved By: Graham Mitchell, City Manager
Attachments
CC Resolution
PC Resolution Denying CUP No. 2022-0013
Request for Appeal
Project Description
Aerial Photograph
Application
Disclosure Statement
Public Notice Map
ABC Authorized Licenses
Crime Rate Map
PC Resolution - 950 N. Second St. Revocation of Deemed Approved Status
RESOLUTION NO. __-23
A RESOLUTION DENYING THE APPEAL OF THE
PLANNING COMMMISSION DECISION TO DENY
CONDITIONAL USE PERMIT (CUP) NO. 2022- 0013 FOR
OFF-SALE BEER AND WINE SALES WITH A CONVENIENCE
MARKET IN THE C -N (NEIGHBORHOOD COMMERCIAL) ZONE ,
GENERAL PLAN DESIGNATION: NEIGHBORHOOD COMMERCIAL (NC); APN: 489-310-16-00
WHEREAS, the El Cajon Planning Commission duly advertised and held a public hearing on October 4 , 2022 and continued the public hearing to October 18, 2022, to consider Conditional Use Permit ("CUP") No. 2022-0013, as submitted by R. Bruce Evans on behalf of 7 -Eleven Inc. ( "7-11") and the store franchisee’s Kashmira and Tushar Bharucha (the "Franchisees"), requesting approval of off-sale beer and wine sales at an existing convenience store in the C-N zone, on property located on the west side of North Second St reet between East Madison and Oakdale Avenues, and addressed as 500 North Second Street; and
WHEREAS, the Planning Commission adopted Resolution No. 11077 denying CUP No. 2022-0013 on October 18, 2022; and
WHEREAS, R. Bruce Evans, on behalf of 7-11 and the Franchisees, appealed the decision of the Planning Commission on October 24, 2022, and requested that the appeal hearing be delayed until January, 2023; and
WHEREAS, the City Council held a duly advertised public hearing on January 10, 2023, to consider CUP No. 2022- 0013 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:
Section 1. The City Council finds that:
1. The proposed project is exempt from the provisions of the California Environmental Quality Act ( "CEQA") according to section 15061(b)(4) of the CEQA Guidelines. Section 15061(b)(4) states that projects which are disapproved by a public agency are exempt from CEQA.
2. In accordance with State Business and Professions Code section 23817.5, which limits the number of licenses for off -sale beer and wine establishments issued by the Department of Alcoholic Beverage and Control ( "ABC") where there exists an over concentration of licenses within crime reporting districts (census tracts in the City of El Cajon) , ABC regulations periodically
(approximately every five (5) years) identifies those cities with total existing licenses having crime reporting districts with more than 120% of the average crimes for the city’s districts, and designate them "moratorium" cities. In 2016, ABC designated the City of El Cajon as a moratorium city (the "2016 Moratorium") because the number of off -sale licenses for alcoholic beverages exceeds the maximum of one (1) per 2,500 residents , thereby limiting new licenses with certain exceptions. The 2016 Moratorium remains in effect at the present. By designated the City of El Cajon as a moratorium city ABC recognizes that the City should determine whether any ABC licenses should be permitted. In making this determination the City Council recognizes that e xcessive off-sale licenses create negative impacts on the overall community and nearby residential neighborhoods, including but not limited to noise, traffic, litter, crime, and other public nuisances. Furthermore, the current oversaturation of alcoholic beverage outlets strains City resources, aggravates existing crime problems, and negatively impacts public safety. General Plan Policy 5- 9.1 directs the City to improve public safety for all residents through community policing efforts and crime prevention measures. Therefore, the proposed off- sale beer and wine sales in an over concentrated census tract is not consistent with this finding.
3. The existing site and building are consistent with all applicable use and development standards. Furthermore, the proposed off -sale beer and wine sales does not directly affect the underlying zone’s development, and would not remove any required parking from the site. Moreover, the proposed establishment meets the locational requirements of section 17.210.090.
4. The City’s over concentration of alcoholic beverage outlets creates negative impacts on the overall community, and it gener ates secondary effects of negative impacts on the surrounding environment. Furthermore, the subject census tract has four (4) existing off-sale establishments and the addition of a fifth license will further exacerbate the over concentration. Therefore, the addition of off sale beer and wine sales is not compatible with existing and planned land uses and is not consistent with this finding.
5. The current over concentration of licenses for off-sale alcohol strains City resources, aggravates existing crime problems, and negatively impacts public safety. The proposed use is within census tract 163.02, which is a " high" crime area at 170.7% of the city wide average. Crime problems in the area would be exacerbated due to the greater accessibility of alcoholic beverages that the proposed use would make possible. Furthermore, census tract 157.01 is located immediately south of the subject site, across East Madison
Avenue, and has the highest crime rate in the City with 533 offenses or 325% of the city wide average. Therefore, off-sale beer and wine sales is not consistent with this finding.
6. Four (4) off-sale licensed establishments currently exist in the subject census tract and four (4) more are in close proximity in the adjacent census tract, south of East Madison Avenue along North Second Street. Therefore, off -sale beer and wine sale outlets are conveniently located nearby at existing stores such as WalMart, Grocery Outlet, Liquor Town, and Sprouts Farmers Market, providing residents of the subject census tracts with adequate and available locations to obtain off-sale products in the area.
7. The proposed off-sale of beer and wine sales is located in a census tract with four (4) off-sale alcohol outlets. The California Department of Alcohol Beverage Control’s authorized number of off-sale licenses for this census tract is three (3); therefore there is no capacity for additional off-sale licenses. Furthermore, the crime rate is hi gh and adding an additional license to this location would be contradictory to the 2011 Moratorium.
Section 2. The City Council hereby denies the appeal and affirms the Planning Commission decision to deny CUP No. 2022-0013 for off-sale beer and wine sales at an existing convenience store in the C-N zone, on property located on the west side of North Second Street between East Madison and Oakdale Avenues, and addressed as 500 North Second Street.
01/10/23 CC Agenda
Reso – Denying Appeal for Off-Sale Alcohol at 500 N 2nd 010523
PLANNING COMMISSION RESOLUTION NO. 11077
A RESOLUTION DENYING CONDITIONAL USE PERMIT NO. 2022-
0013 FOR OFF-SALE BEER AND WINE SALES WITH A
CONVENIENCE MARKET IN THE C-N (NEIGHBORHOOD
COMMERCIAL) ZONE, GENERAL PLAN DESIGNATION:
NEIGHBORHOOD COMMERCIAL (NC); APN: 489-310-16-00
WHEREAS, the El Cajon Planning Commission duly advertised and held a public hearing on October 4, 2022 and continued the public hearing to October 18, 2022, to consider Conditional Use Permit (CUP) No. 2022-0013, as submitted by 7-Eleven, Inc. (R.
Bruce Evans), requesting approval of off-sale beer and wine sales at an existing convenience store in the C-N zone, on property located on the west side of N. Second St. between East Madison and Oakdale Avenues, and addressed as 500 N. Second St.; and WHEREAS, the following findings of fact are hereby made in regard to said matter:
A. The proposed project is exempt from the prov1s10ns of the California Environmental Quality Act (CEQA) according to section 15061(b)(4) of the CEQA Guidelines. Section 15061(b)(4) states that projects which are disapproved by a public agency are exempt from CEQA.
B. In accordance with State Business and Professions Code section 23817.5, the City of El Cajon is designated as a moratorium city because the number of off-sale licenses for alcoholic beverages exceeds the maximum of one per 2,500 residents.
Excessive off-sale licenses create negative impacts on the overall community and nearby residential neighborhoods, including but not limited to noise, traffic, litter, crime, and other public nuisances. Furthermore, the current oversaturation of alcoholic beverage outlets strains City resources, aggravates existing crime problems, and negatively impacts public safety. General Plan Policy 5-9.1 directs the City to improve public safety for all residents through community policing efforts and crime prevention measures. Therefore, the proposed off-sale beer and wine sales in an over concentrated census tract is not consistent with this finding.
C. The existing site and building are consistent with all applicable use and development standards. Furthermore, the proposed off-sale beer and wine sales does not directly affect the underlying zone's development, and would not remove any required parking from the site. Moreover, the proposed establishment meets the locational requirements of section 17.210.090.
D. The City's over concentration of alcoholic beverage outlets creates negative impacts on the overall community, and it generates secondary effects of negative Planning Commission No. 11077
impacts on the surrounding environment. Furthermore, the subject census tract has four existing off-sale establishments and the addition of a fifth license will further exacerbate the over concentration. Therefore, the addition of off sale beer and wine sales is not compatible with existing and planned land uses and is not consistent with this finding.
E. The current over concentration of licenses for off-sale alcohol strains City resources, aggravates existing crime problems, and negatively impacts public safety. The proposed use is within census tract 163.02, which is a "high" crime area at 170.7% of the city wide average. Crime problems in the area would be exacerbated due to the greater accessibility of alcoholic beverages that the proposed use would make possible. Furthermore, census tract 157.01 is located immediately south of the subject site, across E. Madison Ave., and has the highest crime rate in the City with 533 offenses or 325 % of the city wide average. Therefore, off-sale beer and wine sales is not consistent with this finding.
F. Four off-sale licensed establishments currently exist in the subject census tract and four more are in close proximity in the adjacent census tract, south of E. Madison Ave. along North Second Street. Therefore, off-sale beer and wine sale outlets are conveniently located nearby at existing stores such as WalMart, Grocery Outlet, Liquor Town, and Sprouts Farmers Market.
G. The proposed off-sale of beer and wine sales is located in a census tract with four off-sale alcohol outlets. The California Department of Alcohol Beverage Control's authorized number of off-sale licenses for this census tract is three; therefore there is no capacity for additional off-sale licenses. Furthermore, the crime rate is high and adding an additional license to this location would be contradictory to the 2011 moratorium.
NOW, THEREFORE, BE IT RESOLVED that based upon said findings of fact, the El Cajon Planning Commission hereby DENIES Conditional Use Permit No. 2022-0013 for off-sale beer and wine sales at an existing convenience store in the C-N zone located at 500 N. Second St.
[The remainder of this page intentionally left blank.]
CIRCO, POLLACK-RUDE, SOTTILE, VALLES
NONE
MROZ
AYES:
NOES:
ABSENT:
Planning
Commission
Resolution
No
. 11077
PASSED
AND
ADOPTED
by
the
El
Cajon
Planning
Commission
at
a
regular
meeting
held
October
18,
2022,
by
the
following
vote: Re
ecca
POLLACK-RUDE,
Vice
Chair
ATTEST:
Page
3 of
3 October 24, 2022
Via Email [email protected] and Overnight Delivery Attn: Angela Cortez, CMC
City Clerk
City Clerk 's Office
200 Civic Center Way
El Cajon , CA 92020
SOLOMON SALTSMAN & JAMIESON
A Partnership of Professional Corporations
426 Culver Boulevard I Playa Del Rey, CA 90293
Telephone : 3!0.822.9848 I Facsimile: 310.822.3512
Toll Free: 800.405.4222
www.ssjlaw.com
R. Bruce Evans
Partner
email: bevans~ s!\ilaw.com
RE: Notice of Appeal of El Cajon Planning Commission's October 18, 2022 Determination (denying request for CUP authorizing alcohol sales and request for PCN determination) 7-Eleven Store #36485 / 500 N. Second St. Street, El Cajon , CA 92021 Project Number : CUP No. 2022-0013
Dear Ms. Cortez:
On behalf of 7-Eleven , Inc., and the store Franchisee's Kashmira and Tushar Bharucha, the Planning Commission's determination denying the Appellant's request for Project No. CUP No. 2022-0013 is appealed in its entirety . A check in the amount of $1000 for the appeal fee is enclosed.
If you have any questions or require additional information , please feel free to contact our office.
Very truly yours,
' SALTSMAN & JAMIESON
R. BRUCE EVANS
Licensed in California
Cc: Noah Alvey, Community Development (via email)
California I Oregon I Washington I Wisconsin I Michigan I Alaska Litigation I Employment Law I Personal Injury I Gaming I Land Use I Indian Law I Alcohol Licensing
PROJECT DESCRIPTION The Applicant, 7-Eleven, Inc., submits this Conditional Use Permit Application to request approval for the off-site sale of beer and wine for its store located at 500 N 2nd Street, El Cajon, CA 92021. A finding that issuance of a Type 20 beer and wine license will serve the Public Convenience or Necessity is also requested. Undue Concentration: The Applicant is aware of and desires to be respectful of the City of El Cajon’s policies regarding adding alcohol licenses in areas of statutorily undue concentration. To that end, the Applicant will apply for a new Type 20 ABC License for this 7-Eleven Store, but has also located and will agree to purchase a second ABC License (21-194540), which it will then transfer out of the City of El Cajon altogether, or in the alternative facilitate the cancelation of the Type 21 license. As such, the approval of this request will not increase the number of ABC Licenses within the City of El Cajon and specifically not in Council District 2 where this 7-Eleven Store is located. Please see the Type 21 ABC License information below. ABC License Number ABC License Type Licensee Business Name Licensee Address 194540 (Transfer out of El Cajon) 21 (off-sale General) Vons 2367 950 N. 2nd Street, El Cajon, CA 92021 The Convenience Market currently offers a variety of goods and services that customers expect at a full service “one stop shop” convenience market, including basic grocery needs, medicines, household goods, childcare products, and many more everyday household items. The Applicant is requesting approval of a Conditional Use Permit authorizing the sale of beer and wine to further provide convenient shopping to the surrounding community because beer and wine falls within the common type of goods that customers want and expect from a modern convenience market. Beer and wine sales will be incidental to the overall assortment of grocery items and comprise less than 10% of the retail shelf space. The Applicant is cognizant of the need to make sure the incidental beer and wine sales contemplated at this site do not result in adverse impacts to the surrounding neighborhood and will volunteer the following types of conditions of approval to be included in the CUP: • Prior to selling any alcohol at the project site, the Applicant shall: (1) apply for one Type 20 ABC license for 500 N. 2nd Street; and (2) cause a second Type 21 Alcohol License to be either cancelled or transferred out of El Cajon -- such that there is no increase in off-sale ABC licenses within the City/Council District. • Hours restriction on the sale of beer and wine (proposed permitted hours from 8 am to 12 midnight) • No malt liquor or fortified wine products shall be sold. • No beer or malt beverages may be sold in single containers. • Beer and wine products shall not exceed 10% of the total sales floor area. • No exterior advertising of beer and wine • Digital surveillance cameras installed on premises. • No coin operated video or arcade games, and • Cooler doors for beer and wine shall be locked during hours when beer and wine cannot be sold. Corporate policies are in place for the responsible retailing of alcoholic beverages. Proactive security measures, and conditions made part of the CUP will also ensure the sale of alcohol and 24-hour use does not result in Applicant’s Project Description,
Findings, & Additional Materials
adverse impacts or nuisance activity. Additionally, all employees involved in the sale of alcoholic beverages must first successfully complete the Department of ABC’s LEAD Training or equivalent program. There are no proposed physical changes to the site as a part of this Conditional Use Permit Application. The business operates 24 hours, daily, with 3-4 shifts per day, providing a local shopping option for customers at any time that suits their schedule. The business is fully equipped with an on-site security system, with interior and exterior surveillance camera coverage, and is available to local law enforcement and City personnel upon request. The site is illuminated with interior and exterior lighting systems, bright enough to fully illuminate the store and parking areas, making people and objects clearly visible, but not so bright as to disturb nearby businesses and residents.
Conditional Use Permit Findings A. The proposed use is consistent with applicable goals, policies, and programs of the general plan, and with any applicable specific plan; Yes, the proposed sale of beer and wine at an existing local 7-Eleven Store is consistent with the applicable goals, policies, and programs of the general plan. The subject 7-Eleven Store is an existing commercial business located in the Neighborhood Commercial (NC) Zone. According to the El Cajon General Plan, the NC Zone is intended for commercial uses, which include “general retail uses emphasizing those associated with daily convenience shopping.” This is exactly the type of business that 7-Eleven currently operates as at this location, with its modern appearance, well maintained store, and attractive landscaping. B. The proposed site plan and building design are consistent with all applicable use and development standards; Yes, this is an existing business with an approved site plan and building design consistent with develoment standards. This Conditional Use Permit Application is simply requesting to add incidental beer and wine sales to an existing convenience store. No construction or alterations are proposed. C. The proposed use will be operated in a manner that is compatible with existing and planned land uses in the vicinity of the proposed use; 7-Eleven has operated at this location for several years and is compatible with existing and planned land uses in the vicinity. The continued operation of this 7-Eleven store, with the approval of ancillary beer and wine sales, will not be materially detrimental to this neighborhood or to the enjoyment of other persons located in the vicinity. The incidental sale of beer and wine are typical of a full-service convenience market. The volunteer conditions will ensure beer and wine sales are incidental to the overall product mix of grocery and convenience items and will ensure the sale of alcohol does not create nuisance impacts. D. The proposed use and project design will not be detrimental to the public health, safety, and general welfare, including but not limited to matters of noise, smoke, dust, fumes, vibration, odors, and hazards or excessive concentrations of traffic; and 7-Eleven is an existing business with an approved project design. There is no construction proposed as part of this CUP application seeking authorization for incidental beer and wine sales that would cause adverse impacts related to noise, smoke, dust, fumes, vibration, odors and hazards or excessive concentration of traffic. The addition of a small amount of beer and wine sales at this existing 7-Eleven Store will not aggravate existing problems in the neighborhood associated with alcohol sales, such as loitering, public drunkenness, sales to minors, noise, and littering. 7-Eleven will implement policies and volunteer the restrictions on the sale of alcohol as described in this Application. E. The proposed use is in the best interest of public convenience and necessity. The sale of beer and wine for off-site consumption, while incidental to the overall goods and services provided by 7-Eleven, is an important aspect in maintaining the ability to act as a full-service convenience store. The continued operation of this store, with strict adherence to the imposed conditions, proper management and
supervision, will continue to provide a retail service that is beneficial, convenient, and necessary for the community. 7-Eleven takes the responsibility of being an alcohol retailer very seriously and will be vigilant in its policies and practices to ensure that the sale of alcohol does not negatively impact surrounding residents, businesses or sensitive uses. It is in the best interest of both the Applicant and the surrounding community to have a safe and responsible convenience store where patrons can purchase all of their everyday household needs and grocery items. This local convenience market operates as a safe and responsible business in the city of El Cajon and will continue to do so with the approval for the off-site sale of beer and wine. Therefore, the approval of this Conditional Use Permit does serve the best interest of public convenience or necessity. Undue Concentration: The Applicant is aware of and desires to be respectful of the City of El Cajon’s policies regarding adding alcohol licenses in areas of statutorily undue concentration. To that end, the Applicant will apply for a new Type 20 ABC License for this 7-Eleven Store, but has also located and will agree to purchase a second ABC License (21-194540), which it will then transfer out of the City of El Cajon altogether, or in the alternative facilitate the cancelation of the Type 21 license. As such, the approval of this request will not increase the number of ABC Licenses within the City of El Cajon and specifically not in Council District 2 where this 7-Eleven Store is located.
Conditional Use Permit Alcohol Findings A. The proposed establishment meets the locational requirements of Section 17.210.090. According to the El Cajon Municipal Code, Section 17.210.090 states: A. No new off-sale alcoholic beverage establishment shall be located within 600 feet of residentially zoned property, public or private schools, health care facilities, religious facilities, and parks or playgrounds, except: 1. A general retail store, or grocery store, or retail pharmacy with greater than 10,000 square feet of gross floor area and a maximum of 10 percent of the gross floor area devoted to the sale and display of off-sale alcoholic beverages; or 2. A convenience market with a maximum of 10 percent of the retail display area devoted to the sale and display of alcoholic beverages, limited to off-sale beer and wine, non-fortified products only. Retail display area includes all floor area within the establishment that is accessible and within view of customers, including aisles, and floor area occupied by shelves, counters, and refrigerator coolers. B. For purposes of this section, distances shall be measured between the closest property lines of the affected locations. (Ord. 4994 § 3, 2013) The Applicant, 7-Eleven, does meet the locational requirements of Section 17.201.090 because this existing business is a convenience market which proposes 10 percent or less of the retail display area to be devoted to the sale and display of alcoholic beverages. The Applicant agrees to limit the alcoholic sales to beer and non-fortified wine products only. Please see the attached Floor Plan showing the proposed alcohol shelving and storage areas. B. The proposed alcoholic beverage sales activity will not aggravate existing problems in the neighborhood created by the sale of alcohol such as loitering, public drunkenness, alcoholic beverage sales to minors, noise and littering. The addition of a small amount of beer and wine sales at this existing 7-Eleven Store will not aggravate existing problems in the neighborhood associated with alcohol sales, such as loitering, public drunkenness, sales to minors, noise, and littering. 7-Eleven will maintain a safe and responsible business in the City of El Cajon, and will continue to do so with the addition of incidental off-site sale of beer and wine. Specifically, the Applicant will implement policies and volunteer the following types of conditions of approval to be included in the CUP to deter loitering, public drunkenness, alcoholic beverage sales to minors, noise and littering: • Hours restriction on the sale of beer and wine (proposed permitted hours from 8 am to 12 midnight) • No malt liquor or fortified wine products shall be sold • No beer or malt beverages may be sold in single containers • Beer and wine products shall not exceed 10% of the total sales floor area • No exterior advertising of beer and wine • Digital surveillance cameras installed on premises • No coin operated video or arcade games, and • Cooler doors for beer and wine shall be locked during hours when beer and wine cannot be sold.
Corporate policies are in place for the responsible retailing of alcoholic beverages as well as proactive security measures, and conditions made part of the CUP will ensure the sale of alcohol and 24-hour use does not result in adverse impacts or nuisance activity. Additionally, all employees involved in the sale of alcoholic beverages must first successfully complete the Department of ABC’s LEAD Training or equivalent program. The business is fully equipped with an on-site security system, with interior and exterior surveillance camera coverage, and is available to local law enforcement and City personnel upon request. The site is illuminated with interior and exterior lighting systems, bright enough to fully illuminate the store and parking areas, making people and objects clearly visible, but not so bright as to disturb nearby businesses and residents. C. The proposed establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to residential buildings, schools, parks, playgrounds or recreational areas, nonprofit youth facilities, places of worship, hospitals, alcohol or other drug abuse recovery or treatment facilities, county social service offices, or other alcoholic beverages sales activity establishments. The store is located on a commercial corner surrounded by commercial uses. Retail activity is focused along N. 2nd Street and thus, not directed toward any nearby residents and/or sensitive uses, and has served this community and surrounding area for years without issue. The Applicant is aware of the potential negative impacts from alcohol sales and is commitment to responsible alcohols sales and will continue to serve the neighborhood without negative impacts to the nearby neighborhoods, schools and all other sensitive use establishments. The continuation of this established convenience market, operating with strict adherence to the volunteered conditions placed on the Conditional Use Permit (and any other police and staff recommended conditions) will remain proper in relation to any sensitive uses nearby. The nearby residential uses have not and will not be detrimentally affected by the continuation of the existing convenience market with the addition of beer and wine sales as a result of the strict adherence to corporate policies regarding the responsible retailing of alcoholic beverages, proactive security measures, and any conditions made part of the Conditional Use Permit. As part of this policy and training, employees are expected to conduct regular site walks and inspections of the premise throughout the day in order to promptly deter any loitering, panhandling or other objectionable activity. Additionally, proper and adequate signage exists onsite, prohibiting loitering. 7-Eleven will work to ensure there are no open alcoholic beverages or consumption of alcohol on the premise. Signage will also be posted to this effect to properly inform individuals of such prohibition. The Applicant is cognizant of the need to make sure the incidental beer and wine sales contemplated at this site do not result in adverse impacts to the surrounding neighborhood or school and is agreeable to the above types of conditions being made part of the CUP. D. The proposed establishment is located in a census tract with capacity for additional off-sale licenses, as defined by the California Department of Alcohol Beverage Control, with low to average crime rates, as defined by the police department annually, subject to the condition that an additional off-sale establishment will not be contradictory to a moratorium. (Ord. 4994 §3, 2013) According to the California Department of Alcoholic Beverage Control, there are three (3) authorized off-site
licenses for Census Tract 163.02, and currently there are four (4) existing off-site licenses. Undue Concentration: The Applicant is aware of and desires to be respectful of the City of El Cajon’s policies regarding adding alcohol licenses in areas of statutorily undue concentration. To that end, the Applicant will apply for a new Type 20 ABC License for this 7-Eleven Store, but has also located and will agree to purchase a second ABC License (21-194540), which it will then transfer out of the City of El Cajon altogether, or in the alternative facilitate the cancelation of the Type 21 license. As such, the approval of this request will not increase the number of ABC Licenses within the City of El Cajon and specifically not in Council District 2 where this 7-Eleven Store is located. Additionally, as stated in the City of El Cajon’s Municipal Code, the stated purpose for enacting the chapter on Conditional Use Permits for alcohol sales is “to provide opportunities for alcoholic beverage sales establishments to operate in a mutually beneficial relationship to each other and to other commercial and civic services” and further “to promote a healthy and safe business environment in the city of El Cajon through appropriate and consistent land use regulations and to encourage the establishment of businesses that will benefit both the local economy and residents while not placing an undue strain on city resources or surrounding businesses.” The continued operation of this 7-Eleven store with the addition of incidental beer and wine sales and subject to the volunteer conditions of approval, accomplishes the stated purpose of the Municipal Code. 7-Eleven #36485
500 N. 2nd Street, El Cajon, CA 92021
Photographs of Site
1. 500 N. 2nd Street: view looking west at the front entrance of the subject property.
2. 500 N. 2nd Street: view looking southwest at the east side of the subject property.
3. 500 N. 2nd Street: view looking north at the south side of the subject property.
4. 500 N. 2nd Street: view looking northeast at the parking lot to the south of the subject property.
5. 500 N. 2nd Street: view looking east at the west side and rear of the subject property.
6. 500 N. 2nd Street: view looking southwest at the north side of the subject property.
7. 500 N. 2nd Street: view looking south at the east driveway and parking lot of the subject property.
8. 500 N. 2nd Street: view looking north at the south driveway into the subject property.
9. 500 N. 2nd Street: view looking east along E. Madison Avenue to the south of the subject property.
10. 500 N. 2nd Street: view looking west along E. Madison Avenue to the south of the subject property.
11. 500 N. 2nd Street: view looking north along N. 2nd Street to the east of the subject property. •
12. 500 N. 2nd Street: view looking south along N. 2nd Street to the east of the subject property.
13. 500 N. 2nd Street: view looking northwest at the neighbors to the west of the subject property.
14. 500 N. 2nd Street: view looking south at the neighbors to the southeast of the subject property.
15. 500 N. 2nd Street: view looking east at the neighbors to the east of the subject property.
16. 500 N. 2nd Street: view looking north at the neighbors to the north of the subject property.
17. 500 N. 2nd Street: view looking south at the neighbors to the south of the subject property.
18. 500 N. 2nd Street: view looking southwest at the neighbors to the west of the subject property.
7-Eleven #36485
Photograph Index
8 21 21 21 21 21 21
66 67
68 10
9 58
61 123
185
186
189
350
61 61 61 61 61 61 61 61 61
161
164
179
675 675
3 504
161
248248
159
159
466
467
466
467
234
235
237
89 238
506
505
236
297
4 501
1 5
6 6
4 5
6 6
234
713
185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 186 186
351
612
228
228
2 529
334
529 529 529 529 529
405
161
41 4140 40 40 40
675 675
179
159
159
162
178
177
178
177
162
161
165
165
154
155
154
47 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 189 505
188
184 184 184
190 190
180 180
182
181
504
529
505
181
135
210 210 210 210
478 478
600
602
SOFFIT
ABOVE
PREFABRICATED
COOLER WALLS,
CEILING,
DOORS AND RACKS
PROVIDED BY 7-ELEVEN.
VERIFY DIMENSIONS
WITH CONSTRUCTION
MANAGER
NOTE:
REFER TO EF1 AND EF2
SHEETS FOR EQUIPMENT
AND CABINET DESCRIPTIONS
SALES
102
CO2 EXT. FILL
BOX @72"
AFF
OFFICE
103
COOLER
VAULT
108
WOMEN'S
104
ICE
110
FREEZER
109
CDC TOTE
107
10'-9"
COFFEE BAR
SALES
CO2
4'-10" 4'-6" 4'-0" 4'-0"
4'-0"
4'-7"
4'-3"
DOWNSPOUT TYP.
POS
SAFE
ROLLER
GRILL
ROLLER
GRILL
CHILI
CHEESE
M/W
POS
PMUPMU
BAKERY
CASE A
BAKERY
CASE B
NEWS ATM
4'-0"
INSTALL COFFEE BAR SIGN
@ 84" AFF TO BASE OF SIGN
6' - 10"
4' - 0"
60' - 0"
49' - 0"
4' - 2"
44 72
95 POST
MIX
86 BEVERAGE BAR
82 8271
3 B
SLUR
3 B
SLUR
96 69 70
306 306 115
101
NOVELTY
724
476 476
400
400
477 477
MEN'S
105
23 29
37 3' - 10"
5' - 0"
5' - 9"
5' - 0"
144
145
145
145
145
3' - 4 1/2"
BACKROOM
112
144
84 41
42 615
126 126 126 127
134
127
211 126 126 126
134 134
126 126 126 126
134
127126
134
126 126 126 126 127133
134 134
16 9090 90 148 148
12 17
5 76
328
2 17
85 58
39 39
73 73
36 78
74 4811
49 49360
83 5782
8465
46 198
218
26 79
16105
120536
536
24 25
25 535
118
532
116
117
539
89 89
90 516401
615 518
500
540
LAYOUT INFORMATION
ROLLER GRILLS 2
SANDWICH CASE CID
VAULT DOORS 12
LOW TEMP DOORS 2
ICE MERCH. DOORS 1
NOVELTY CASE 1
SLURPEE BARRELS 6
BAKERY CASE 2
GONDOLA UNITS 29
END CAPS 5
HIGHWALLS 0
TOTAL 34
TOTAL SQ FT = 2,958
SALES FLOOR AREA = 1,705
OCCUPANCY LOAD(<49) = 52.01
TRAVEL DISTANCE(<75)= 62'
RESTROOMS REQ'D = 2
EXITS REQUIRED = 2
GAS - NO LIQUOR - NO
BEER - YES WINE - YES
1031657 EL CAJON, CA - EQUIPMENT LAYOUT 1
N 500 NORTH 2ND STREET HFA #12-00596 LAYOUT APPROVED 5-4-2013 05-03-2013
MECHANICAL SCREEN.
NICHIHA PANELS OVER
METAL FRAME AND POSTS
MECHANICAL
ENCLOSURE
113
[Beer and wine display will not exceed 10%,
Per Section 17.210.090.A.2 of the El Cajon
Municipal Code]
0 0
j
•
[Beer and wine display will not exceed
10%, per Section 17.210.090.A.2 of the
El Cajon Municipal Code]
Beer
Wine
:? EXT. fi ll.
soxc12·
AFF
MECHANICA L SCREEN.
NICHHA PANELS OVER
METAL FRAME AND POSTS
0 eo·-o·
MECHANICAL
ENCLOSURE
~
EB
1031657 EL CAJON, CA I N-----
500 NORTH 2ND STREET HFA #12-00596
0 Red notated areas will be
where the alcohol will be
merchandised
LAYOUT INFORMATION
ROLLER GRILLS
SANDW ICH CASE
VAULT DOORS
LOW TEMP DOORS
ICE MERCH. DOORS
NOVEL TY CASE
SLURPEE BARRELS
BAKERY CASE
GONDOLA UNITS
END CAPS
HIGHWA LLS
TOTAL
TOTAL SQ FT
SALES FLOOR AREA
2 CID
12 2
1 1
6 2
29 5
Q
34 = 2,958
= 1,705
OCCUPANC Y LOAD(<49) = 52.01
TRAVEL DISTANC E(<75) = 62'
RESTROOMS REQ'D = 2
EXITS REQUIRED = 2
GAS - NO LIQUOR - NO
BEER - YES WIN E - YES
CUP-2022-0013
500 North 2nd Street
Aerial Image
Subject Site
Aerial Photograph of Subject Site
Application & Disclosure statement
nie \'fllleyof0pJH>rllllllty
~ A. ~ "o ~ \"I "t,oratc~
City of El Cajon
Type of Planning Permit(s) Requested:
OAZP Ix] CUP
Administrative Zoning Conditional Use Permit
Permit
OMUP OPRD
Minor Use Permit Planned Residential
Development
OSP OSCR
Specific Plan Substantial
Conformance Review
VAR ZR
Variance Zone Reclassification
Project Location
Parcel Number (APN): 489-310-16-00
Project Assistance Center
PLANNING PERMIT APPLICATION
OLLA MA
Lot Line Adjustment Minor Amendment
OPUD OSDP
Planned Unit Site Development Plan
Development Permit
OTPM OTSM
Tentative Parcel Map Tentative Subdivision
Map
Oother:
----------------------------
Address: 500 N. 2nd Street, El Cajon, CA92021-6448
Nearest Intersection: N. 2nd Street and E. Madison Avenue Project Description (or attach separate narrative)
Please see the attached Project Description.
Project Screening Q,uestions
Existing use? No ~Yes
Modification of use? No ~Yes
New development or addition? ~No 0Yes
Existing Structures? No ~Yes
If yes, please describe:
7-Eleven Store #36485
Request for Type 20 ABC License
CUP for off-site alcohol sales only
Age of the structures: Unknown.
200 Civic Center Way I El Cajon I California I 92020 I 619-441-1742 Main I 619-441-1743 Fax
Demolition or substantial ~No Yes There are no ghysical changes to the site modification proposed to site as a part of this CUP Application improvements or structures?
Tenant improvements proposed? [ii] No Yes
Existing vegetation or trees on site [ii] No Yes
proposed for removal?
Proposed grading? [8]No Yes Proposed quantities of cut and/or fill.
Applicant Information (the individual or entity proposing to carry out the project; not for consultants) 7-Eleven, Inc.
Company Name:
Michael Coffman, Senior Counsel
Contact Name:
3200 Hackberry Road, Irving, TX 75063
Mailing Address:
972.828.7828 [email protected]
Phone: Email:
Interest in Property: ~Own D Lease Option
Project Representative Information (if different than applicant; consultant information here) Solomon, Saltsman & Jamieson
Company Name:
R. Bruce Evans CA State Bar License: #217098
Contact Name: License: ----------
426 Culver Blvd., Playa del Rey, CA 90293
Mailing Address:
31 0-822-9848
Phone: Email:
Property Owner Information (if different than applicant) Same as Applicant
Company Name:
Contact Name:
Mailing Address:
Phone: Email:
Hazardous Waste and Substances Statement
[email protected]
Section 65962.S(f) of the State of California Government Code requires that before the City of El Cajon accepts as complete an application for any discretionary project, the applicant submit a signed statement indicating whether or not the project site is identified on the State of California Hazardous Waste and Substances Sites List. This list identifies known sites that have been subject to releases of hazardous 200 Civic Center Way I El Cajon I California I 92020 I 619-441-1742 Main I 619-441-1743 Fax
chemicals, and is available at http://www.calepa.ca.gov/sitecleanup/cortese list/ . Check the appropriate box and if applicable, provide the necessary information:
The development project and any alternatives proposed in this application:
~ is/are NOT contained on the lists compiled pursuant to Government Code Section 65962.5.
Dis/are contained on the lists compiled pursuant to Government Code Section 65962.5.
If yes, provide Regulatory Identification Number: _______ Date of List: _____ _ Authorization
Applicant Signature1:
Property Owner
Signature2:
Date:
Date:
1. Applicant's Signature: I certify that I have read thi s application and state that the above information is correct, and that I am the property owner, authorized agent of the property owner, or other person having a legal right, interest, or entitlement to the use of the property that is the subject of this application. I understand that the applicant is responsible for knowing and complying with the governing policies and regulations applicable to the proposed development or permit. The City is not liable for any damages or loss resulting from the actual or alleged failure to inform the applicant of any applicable laws or regulations, including before or during final inspections. City approval of a permit application, including all related plans and documents, is not a grant of approval to violate any applicable policy or regulation, nor does it constitute a waiver by the City to pursue any remedy, which may be available to enforce and correct violations of the applicable policies and regulation s. I authorize representatives of the City to enter the subject property for inspection purposes.
2. Property Owner's Signature: If not the same as the applicant, property owner must also sign. A signed, expressed letter of consent to this application may be provided separately instead of signing this application form. By signing, property owner acknowledges and consents to all authorizations, requirements, conditions and notices described in this application. Notice of Restriction: property owner further acknowledges and consents to a Notice of Restriction being recorded on the t itle to their property relat ed to approval of the requested permit. A Notice of Restrict ion runs with the land and binds any successors in interest.
Pre-application Conference
The purpose of a pre-application conference is to provide you an opportunity to review your project with City staff in a preliminary form to finalize submittal requirements and receive a cursory identification of potential issues. A pre-application is required unless waived by staff.
Conference date:
Application Submittal
To submit your application, it must be done by appointment scheduled in advance for all Level 3, 4, & 5 project reviews, unless waived by staff. It is recommended for projects that will subsequently meet the criteria for a Level 1-C review through Level 2.
Appointment date:
200 Civic Center Way I El Cajon I California I 92020 I 619-441 -1742 Main I 619-441-1743 Fax
Application & Disclosure statement
DISCLOSURE STATEMENT
APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL
APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY
COUNCIL, PLANNING COMMISSION AND ALL OFFICIAL BODIES
The following information must be disclosed:
1. List the names and addresses of all persons having a financial interest in the application.
2. 3.
4. ?-Eleven, Inc. 3200 Hackberry Road, Irving, CA 95063 Hritik, Inc., Franchisee 500 N. 2nd Street, El Cajon, CA 92021 List the names and address of all persons having any ownership interest in the property involved.
?-Eleven , Inc. 3200 Hackberry Road, Irving, TX 95063
If any person identified pursuant to (1) above is a corporation or partnership , list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership .
None
If any person identified pursuant to (1) above is a trust, list the name and address of any person serving as trustee or beneficiary or truster of the trust.
Have you or your agents transacted more than $500 worth of business with any member of City staff, Boards, Commissions , Committees and Council within the past twelve months or $1,000 with the spouse of any such person? Yes __ No _x _ _ If yes, please indicate person(s) , dates, and amounts of such transactions or gifts.
N/A
"Person" is defined as "Any individual , proprietorship , firm, partnership, joint venture, syndicate, business trust, company , corporation, association , committee , and any other organization or group of persons acti g in concert." Gov't Code §82047.
Michael Coffman on behalf of ?-Eleven , Inc.
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Si Print or type name of applicant
NOTE: Attach appropriate names on additional pages as necessary.
Certificate of Compliance -- Page 2 of 2 - Updated: 1-30-14 E M A D I S O N A V