Agenda packet — El Cajon City Council, May 28, 2024 (part 2 of 2)

FIVe-Year Consolidated Plan and One-Year
Action Plan Comment Period:

NOTICE IS HEREBY GIVEN that a copy of
the draft Five-Year Consolidated Plan and
One Year Action Plan will be available to
the public for a 30-day review and comment
period from: Thursday, April 25, 2024 to
Friday, May 24, 2024.

Copies available at:

City Hall, First Floor,
Project Assistance Center
200 Civic Center Way
El Cajon, CA 92020
County of San Diego Library
576 Garfield Avenue
El Cajon, CA 92020
County of San Diego Library
201 East Douglas Avenue
El Cajon, CA 92020
WEBSITE: www.elcajon.gov/housing
ADA: It is the intention of the City to comply
with the Americans with Disabilities Act
(ADA) in all respects. If, as an attendee
or participant at this meeting, you will
need special assistance beyond what is
normally provided, the City will attempt to
accommodate you in every reasonable
manner. Please contact Jose Dorado at
(619) 441-1710 at least 48 hours prior to
the meeting to inform us of your needs and
to determine if accommodation is feasible.

LAP: Si necesita mas informaci6n sabre
este aviso o la traducci6n de documentos
en espaiiol, comuniquese con Deyanira
Pelayo-Brito al (619) 441-1710.
;.),fl,, .. ~ ~~i;.y. ·~.)"' 1.#i ~~~ ~
.~:.,JI -WI¼ ... ~~.,.Ji ¼.fl} .J-")'t ~
~ J ,,iilll »e;-amrn 'Mat'O--Rrito ~]Ji,>.•
1110-4~1{"619} ·
City Contact:For more information, contact
Jose Dorado, Housing Manager, by email at
[email protected].

East County Gazette-GIE030790
04/04/2024
,

PRQ,QF OF PUBLICATION
(2010, 2015.5 C.C.P.)
State of carfomia
County of San Diego
I, Pollyana Tucker, deo1are as follows:

I am a citizen of the United States (U.S.A.) and a
resident of the county aforesaid; t am over the age of
eigllteen years. and not a party to or interested in the above enUUed matt.er. I am an autihorized
representative of Hispano1s Un£dos, a newspaper of
general circulation printed and publ ished weekly, in
~he City of Escondido, County of San Diego, and
which newspa;per has been adJudged a newspaper of
general circulation by the Superior Court of the
County of San Diego, State of Cafifomla·, under the
date of f=;ebruary 22, 1994, Case Nl!lmber N61971;
that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareiO, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on the
to11'owing dates, to-wi:t:

IPub, Apri1I 05, 2024
I certify {or declare), under penally of perjury
that the foregoing is true and correct.

Dated at Esoondido, California this:

April 05 2024
Signature

PROOF OF PUBLICATION

HISPANOS UNIDOS

ADVERTISIN,G DEPARTMENT
PO BOX 462.(n 6
iESCONDIDO CA. 92046-2016
76().. 740 .. 9561 TEL • 760-740~956·1 FAX
www.his:painosnews.com
AVISO P0BUCO
C:IUDAD DE EL CAJ'ON

AUDIENCIA PUBLICA Y

PERIODO DE COMENTARIOS POBUCOS DE
30 DIAS
Oescripcion Cada ai'io, la Ciudad de El Caj6n (Ciudad)
del redbe fondos deli Departame nto de
Programa: Vivienda y Desariro11o Urbano de los
Estados Unidos (HUD·, por sus siglas en
ingles) para programas de vivienda y
desarm llo comunitario. Para recibir estos
fonclos, la Ciudad debe compl,etar un Plan
Consolldado {Con Plan, por sus siglas en
ingles) que servira oomo marco para la
asignaci6n de recursos federn,es mediante
el establecimiento de las metas, objetivos y
resultados desaados durante los proximos
cinco ai'ios. El Con Plan oonsiste en un
analisis de las necesidades de vivienda y
desarrollo comunitario, un amMisis de'I
mercado de la vMenda, un plan estrategico,
y un pl1an de acci6n ariual para abordar las
neoesidades utillizando los fondos de los
programas de Subsidios en Bloque para el
Desarrollo Comunitalio (CDBG, por sus
sigla.s en ingles) y de las Asoctaciones para
la lnverst6n en Viviencla (HOME, por sus
sigla.s en ingles). La ciudad antici,pa tecibir
aproximadamente $6.4 millones en fondos
de CDBG y aproximadamente $3.4 millones
en tondos de HOME durante los pr6xirnos
cinco anos. En el Ano Fiscal (AF)
2024-2025, e1' primer ano del Con Plan, la
Ciuclad anticipa reoibir apro><imadamente
$1 ,229,000 en fondos de CDBG y
aproximadamente $689,000 en fondos de
HOME. El Concejo Municipal considerara la
acci6n de aprobar y adoptar las metas y
prioridades defineadas en el borrador del
Con Plan, y asrgnar tentalivamente fondos
a proyectos y programas admisibles para
oportunidades de desarrollo comuniitario y
vivienda en el Plan de Acoi6n de Un Ai'io
(Action Plan, porsus siglas en Ingles} para
~ AF 2024-2025. Ademas, de oonformidad
oon fas regulaciones de HUD, Ila Ciudad
sigue su Plan de Participaci6n Ciudadana
(CPP, por sus siglas en ingles) actualizado, .
que garantiz:a que la Ciudad lteve a cabo
una divulgaci6n adecuada y eficaz como
parte de su proceso de planificaci6n y de
implementaci6n de los subsidios de HUD.

Audiencia
Publica:

FIECHA:
, HORA:

LUGAR:

Periodode
Comentario
s sobre el
Pjan
Consolidacl
o yel Plan
deAcci6n :

FECHA:

LUGAR:

PAGINA
WEB:

IPOR MEDIO DE LA P,RESENTE SE ADA:

NOTIIFICA que se llevara a cal:io una
audiencia pubrica para brindar a los
ciu.dadanos de El Caj6n la oportunidad de
expresar sus opiniones y participar en eJ
desarrollo del Plan Consolidado de los Anos
Fisca les .2024-2028 y el Plan de Acci6n
Anual dell Ano FiieScall 2024-2025 de la
Ciudad para el uso de los fondos feclerales
de CDBG y HOME y tendra lug.ar de la
slguiente manera:

Martes, 23 de abril de 2024
3:00pm
-. -----.. ---... .

Camara del Consejo Munlcipal 200 Civic
Center Way El Cajon, CA 92020
Los ciudadanos pu:eden particlpar por
escrito antes de la audiencia publlca o
verbalmente durante la misma. Todos 1l'os
oomental'lios par escrHo se deben enviar a
la, Ciudad de El Cajon - Departamento de
Oesalil'ollo Comunitario -Vivienda- 200
CMc Genter Way, E,I Caj6n, CA 92020. ' I
. "~
, POR MEDIO DE LA PRESENTE SE
NOTIFICA que una copia del borrador del
Plan ConsoUdaclo de Cinoo Anos y Plan de
Aooion de Un Ano estara disponibte al
p'C1blico para un periodo de revision y
oomentarios de 30 aras a partir de:

Jueves , 25 cie abril de 2024 al viernes , 24
de mayo de 2024
Ayuntam iento, Primera Planta, Centro de
Asistencia de Proyecios 200 Civic Center
Way El Cajon, CA 92020 Biblioteca de'I
Condado cle San Diego 201 East Douglas
Avenue El Cajon, CA 9.2020 Bibtioteca del
Condado de San D!ego 576 Garfield
Avenue El Cajon, CA 92020
: www,e1ca1on,goY1hou1ins
Contacto
enla
Ciudad:

PubUcad'o:

Es la lntenci6n de la, Ciudad cumplir ,con
la Ley de Estadounidenses con
Discapa ,cidades (ADA, por sus siglas en
Ingles) en todos los aspectos. Si,-como
asistente o participante en ,esta reunion,
usted neoesitara asistencia especial mas
aUa da la que normalmente se le
proporc1o .na, Ja Cludad ,1ntemara
acomodarlo de todas las maneras
razonables. Porfavor, p6:ngase en
contacto con Jose Dorado, Hamando
,(619) 441-1710 al menos 48 horas antes
de fa reunion para informamos de sus
neoesidades y deterrnin 1ar si la
adaptacion es fac~ible. . .. ... ,
Para mas infoffllaci6n, p6ngase en
,contacto con J1ose Dorado, Dlrecto 1r de
Vivienda, por corr~o electr6nfco en
[email protected].
4 de abril de 2024
. ·:

I
I
. .
• I
Published In Hlspanos Unidos News April 5, 2024
•
PO BOX 697., El Cajon, CA 92022
270 E. Douglas Ave., El Cajon, CA, 92020
Phone: (619) 444-5774 •5 e-mail: [email protected]

PROOF OF PUBLICATION

CITY OF EL CAJON
•

FINANCE DEPARTMENT

ARABIC NOTICE
(State of California)County of San Diego) SS
Adjudicated on: March 10, 2006
Case#G I E-030790
Notice Type: LEGAL
Ad Description: EAST COUNTY GAZETTE
I am a citizen of the United States and a resident of the State of California: I am over the age of eighteen years. I am the owner and publisher of the EAST COUNTY GAZETTE, a newspaper published in the English language in the City of El Cajon, County of San Diego and distributed in: (but not limited to) Alpine, Jamul, Ramona, Julian, Pine Valley, Lakeside, El Cajon, Rancho San Diego, Santee, La Mesa, Spring Valley, Lemon Grove, San Diego, Escondido, Vista. The notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the follow ing dates, to-w it:
'
'
04/12/24
Executed on: 04/ 12/2024
At San Diego County, California
I certify (or declare) under penalty of perjury t hat the foregoing is true and correct.

Signature
~e~~,e cN o,~~~
Debbie Norman
i:uawi~
~f!A.1~
e,-IJ! J?,i u- ("HUO"l ¼JA~1 ~~ •;••~1J e,~~• 1;1,;J u- ~1.,..i r~ tJS vJllSll ~ Jiu :e,all.)}l) YMtJ ofo. )1J c("Con Plan") ..i...,.. ~ J4.J! ~n .},c ~ ,Jl_,.~I ol. Jli p,i ~ ~J .~ ~J i]S..~I .~l'-J .:il;i-J! .,;.1. ..,.k Ip. ;J! ~ J dp}IJ ul.i..~I ~ ~ u,o~IP,ill .lj ,Jl uoJ,,,;,j}~ tli:'.! ~lei ~J.A ~JW!.fa,J lliJ 1:,J.5..11 tJ_,.J~J •tl1;,,II ~J.:,IS.,11.:J.;-1#,,.'J ~~-'6'~ &ff~ J,.!j_, .("HOME") J .)WI )lE..."Jl ~I~ ~'Y-J ("CDBG") ~ ~W.. JI ,-i ~l~l.1~~ 'JI~ ;'J ~ ~ 3.4 Ji.,..J ,1•coBG
11 ) ~I ~ ~ Jl.,.l u,o ~.,jl'j .;'J,Jl i.JiJ.. 6.4 u-i.,l~ \+ .;ti~ ~ $J •2025-2024 ~ ~ Ji..J .U;i,11 .,..Jl .:ii ,WI :>.1. > ("HOMEfl) ~_µJI jJ!i..'Jl d-SI~ .,11_,.i &, ~_,.i Ji.,..i !J'J1.;.i .;'J,JJ 1,229,000 0-y)J t. Jli '41,:.Ji ~,? •(Con Plan) ~.,.Jl~I ~1 u,JJ~I ~ lf'J .fol:.., .(HOME) yijlall ).iiJ.."it.:..1.!tp~ .. 1.)lJIJ'iu-J,J_,.i ;'i,1689,000 ~!_,..J ,(CDBG} ~~W.. .;,o.i..,i .ill.iSJ ,ll~~IJ i.lo..,.11 u.JI o.:.,... J ~,JI ;;..~J~IJ uu-~I .,ii; -wl.,Jl-::1.l»J ~ ._; :),.,11 .lo.lJ rl.£. .,IJ.. Ji:, o.lieJI J,Jl lli J {1.S.. y1 (J4) ..»,it.i J ~ ~ J?,I u, ~ j+ll e,-1 J!IIJ ~;t.:ufi ~ J,.,y,111 .2025-2024 ~I l.J.JI J {"Action Plan")
("CPP") .:,hi ,JI .!!J_;J lli ~I tfii c(HUO) ¼J, ~I ~I ~l, ::,~y1 i;l.iJ ~1)1 Iii JJ ,J!lj )! ~~ .t.~J• ;lj)l .» c,it bJI.>,~ u-~...SU~~ jt). ul•I.») iJ-1 ~ t. ¼,i.Jl ¥lJ ~ ;;liJ ,~I (Jl, ~\ t..j/ i:Ja!Sll ~ _,lb!_,. .);...,ii~ tt.wl ¼ .w. r,i]., ..ii~ ~J+! ~! ~ ;~\c tt.i..l t4 ~I 41.ll .i...lJ tic ;IJ.. > ~! J,..ll lli_, •2028-2024 ~..II WI~ ili. .,Jl ;,J;ee;.U tl.;JI UJ"' tf!I} ;JWI J..Si,'JI 1.:1~1~ e!'"1JIJ (COBG} ~I~ t...i.. Ji.,.I 1J+ ,.iw..)J ,l.AJJ# J ~_µJtJ 2025-2024 :y.i1'1 _p1!1,>.. .!lli fiF J 1iji ,;ipll (HOME}
2024 Ji). 23 .U,.lJI :~
;~ 3:00 :.:a;Jll)
{City Council Chambers) •~•,II ~ uj, :~
200 Civic Center Way
92020 \,ii;# ,o_,1Sll
~ :J.., ;) i,,~!~ ~~W..'il ~ .~i 1:,.,.~} W tW..Yf U,. ~ J,; ~ ~_,i $-. ~~ -~tJil} j~ .92020 l:i ;,#5 ,.:i_,.tS11.200 Civic Center Way• ~~1. ~1~1juj • lJJA\9~~, ~, .:,..'-w.lo4.ilu~A ~)JI~ :.ia.lJ~"-JIJA J&, i.llMIJ J.l! 'Ju.J i~;Jl-'Jt~uJI iJ:i111J.,_.. G!yt..ill Jr. i;i .:'.~•_d, ~!I ~ 1.l!JJ ~1.;JI J.,.i 0,,. ;~ ~U. iJfo., J.a.lJ ~ fa.. .)r, ..ii..JI J.s,11 ~ J t.:.. _,.fl "l'",.;JI u..JI ;,i..,... :.:,.. ~J! 30 tlJ
2024 .J#.. 24 ~J! 2024 w.i 25 ~ c.,. ~
~WI f-J fi.JA tJJ~I J,UJ! 1(City Hall)~ ~IJ :~
200 Civic Center Way
92020 I# ;.,i/tiS ,~\S.ll
576 Garfield Avenue
92020 tp ;#S •~-.,.ISll
201 East Douglas Avenue
92020 Ip ;#S •u,'15.11
www.elcajon.gov/housing :~~~
,CllS 1.i)i .;rl_,ill ~0,0 {ADA)~,, is~~~ I u.Arl;l'JI~ rJi,3 :(ADA) ~11,s ~ ~ ~I u,ai J!i.,i ~ ~ ,~.J.:. •.»i) ~ l. J.h,:»UJ.. ~t....J! ~ •c~'il UA J i)#,J.:..11} ~ .:..i Jl.ii..o/ 48 Jil(619) 441-1710 f!).>- {Jose Dorado) JJI;~~;. ~J,....i"il ~.» .~J,...ll..;.,J.1! ~.i.ll~UI .,·41p,'/I .!lll .):'.,l~J ~Jc/!il ?\f,.4 ~).;~ tl4-\1 u-~I J.c ~I., :(LAP) ~ J'lfif'/,~ 4JJit,~l~'lt J,tl
Si necesita mas lnformacion sobre este aviso o la traduccion de documentos en espaiiol, comuniquese con Deyanira Pelayo-Brito al (619) 441-1710. · .,i~ I~ :1J11l1 ~J ~.;all W4 d~! 4;i} J~YI l.i.i u,4_,....., d..)a.,11 u- "1)- .,ll ~la.i ClS l.i) .(619) 441- 1710 ,J)IJi:. (Deyanira Pelayo-Brito) J.l.;1 .,1 ,~1 .lJ.»ll $- •:}S...~I ~ •(Jose Dorado) _,:I ;,i ~,,;,. ~ J...,.i1 ,d ... ,t..ll c.,. ~j-1 :11:1tP: J'41"'11 ~ [email protected] :ei,.ll Ji:.
2024..l;)!lS :~~;U
East County Gazette- GIE030790
04/12/2024
,
This space for filing stamp only
OR#:

O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841

PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of Orange ) ss
Notice Type:

Ad Description:

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

Executed on: 10/10/2004
At Los Angeles, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature

T H E D A I L Y T R A N S C R I P T
2652 4TH AVE 2ND FL, SAN DIEGO, CA 92103
(619) 232-3486 (619) 232-1239
SD 3801294

EL CAJON CITY COMMUNITY DEVELOPMENT
200 CIVIC CENTER WAY
EL CAJON, CA - 92020

HRG - NOTICE OF HEARING
AR_Con Plan Public Hearing and 30-day English
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of THE DAILY TRANSCRIPT, a newspaper published in the English language in the City of SAN DIEGO, County of SAN DIEGO and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN DIEGO, State of California, under date of 05/13/2003, Case No. GIC808715. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
04/09/2024
04/09/2024

SAN DIEGO
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Pelayo-Brito al (619) 441-1710.
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0 2024
4/9/24
SD-3801294#
2024-2028 CONSOLIDATED PLAN
JULY 1, 2024 THROUGH JUNE 30, 2029
2024-2025 ANNUAL ACTION PLAN
JULY 1, 2024 THROUGH JUNE 30, 2025

APPENDIX C
Grantee Unique Appendix
The Valley of Opportunity
~ ~ i,
C'o ~ -\.c,
:,-PorateO
Presented to the U.S. Department of Housing and
Urban Development (HUD),
Office of Community Planning and Development

CONSOLIDATED PLAN
2024-2028

ANNUAL ACTION PLAN
2024-2025
Community Development Department
Housing Division
200 Civic Center Way
El Cajon, CA 92020
(619)441-1710
www.elcajon.gov/housing
MAY 2024
EOOM. HOUSING
OPf'DIITUt,ITY
The Valley of Opportunity
~ ~ ~
()0 ~ "'°' ~Porate<\
2024-2028 CONSOLIDATED PLAN
JULY 1, 2024 THROUGH JUNE 30, 2029
2024-2025 ANNUAL ACTION PLAN
JULY 1, 2024 THROUGH JUNE 30, 2025

APPENDIX D
SF-424 and Action Plan Certifications
•SF-424: Community Development Block Grant
•SF-424: HOME Investment Partnerships
•2024-2025 Action Plan Certifications

Application for Federal Assistance SF-424
• 1. Type of Submission: • 2. Type of Application: • If Revision, select appropriate letter(s):

D Preapplicalion 0New I
[8] Application [8] Continuation • Other (Specify):

D Changed/Corrected Application D Revision I
• 3. Date Received: 4. Applicant Identifier:

I I
5a. Federal Entity Identifier: 5b. Federal Award Identifier:

I I IB-2 4-MC-06-0541
State Use Only:

6. Date Received by State: I
I , 7. State Application Identifier: I

8. APPLICANT INFORMATION:
• a. Legal Name: lei ty of El Cajon
• b. Employer/Taxpayer Identification Number (EIN/TIN):
195-6000703
d. Address:
• Street1: 12 00 Civic Center Way
Street2: I
• City: !El Cajon
County/Parish: I
• State: icA: California
Province: I
• Country: iusA: UNITED STATES
•Zip / Postal Code: 192020-3916
e. Organizational Unit:

Department Name:

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• c. UEI:

I IGUANBKQWK6J3
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Division Name:

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f. Name and contact information of person to be contacted on matters involving this application:

Prefix: IMr. I • First Name: !Jose
Middle Name: I I
• Last Name: Joorado
Suffix:

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Title: !Housing Manager
Organizational Affiliation:
• Telephone Number: 1619-441-1786 I Fax Number: I
• Email: [email protected]
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0MB Number: 4040-0004
Expiration Date: 11/30/2025
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CDBG
I I
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Application for Federal Assistance SF-424
* 9. Type of Applicant 1: Select Applicant Type:
le= City or Township Government
Type of Applicant 2: Select Applicant Type:

Type of Applicant 3: Select Applicant Type:
* Other (specify):

I
* 10. Name of Federal Agency:

Department of Housing and Urban Development

11. Catalog of Federal Domestic Assistance Number:
114.218 I
CFDA Title:

Community Development Block Grant/ Entitlement Grants
* 12. Funding Opportunity Number:

NA I
* Title:

13. Competition Identification Number:

I
Title:

14. Areas Affected by Project (Cities, Counties, States, etc.):

I I Add Attachment 11 Delete Attachment 11 View Attachment * 15. Descriptive Title of Applicant's Project:

Attach supporting documents as specified in agency instructions.

I Add Attachments 11 Delete Attachments 11 View Attachments I 2024-2025 Action Plan project using Community Development Block Grant (CDBG) funds pursuant to Title I of the Housing and Community Development Act of 1974, as amended.

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CDBG
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CDBG
Application for Federal Assistance SF-424

16. Congressional Districts Of:
* a. Applicant 152nd I * b. Program/Project Js2nct I
Attach an additional list of Program/Project Congressional Districts if needed.

I I I Add Attachment 11 Delete Attacllrnent 11 View Attachment I

17. Proposed Project:
* a. Start Date: 107 /01/20241 * b. End Date: Jo6/30/202s i

18. Estimated Funding($):
* a. Federal 1,282,473. ool
* b. Applicant o. ooJ
* c. State o. ooi
* d. Local o. ooi
* e. Other o. ool
* f. Program Income o. ool
* g. TOTAL 1,282,473. ooi
* 19. Is Application Subject to Review By State Under Executive Order 12372 Process?
a. This application was made available to the State under the Executive Order 12372 Process for review on I 1.
b. Program is subject to E.O. 12372 but has not been selected by the State for review. 1:8] c. Program is not covered by E.O. 12372.
* 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) 0Yes ~No
If "Yes", provide explanation and attach
I I I Add Attachment 11 Delete Attachment 11 View Attachment I

21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001) 1:8] ** I AGREE
** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions.

Authorized Representative:

Prefix: JMr. I * First Name: !Graham I
Middle Name: I I
* Last Name: jMitchell I
Suffix: I I
* Title: !city Manager I
* Telephone Number: 1619-441-1718 I
Fax Number: j I
* Email: lgmitchell@elcaj on. gov I
* Signature of Authorized Representative:
( a --1/
* Date Signed:

I s-1'-i-2~1
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HOME
Application for Federal Assistance SF-424
• 1. Type of Submission: • 2. Type of Application: • If Revision, select appropriate letter(s):

D Preapplication 0New I
[gj Application [gj Continuation • Other (Specify):

D Changed/Corrected Application D Revision I
• 3. Date Received: 4. Applicant Identifier:

I I I
5a. Federal Entity Identifier: 5b. Federal Award Identifier:

I I IM-24-MC-06-0508
State Use Only:

6. Date Received by State:

I I 17. State Application Identifier: I

8. APPLICANT INFORMATION:
•a.Legal Name: lei ty of El Cajon
• b. Employer/Taxpayer Identification Number (EIN/TIN): * c. UEI:
195-6000703 I IGUANBKQWK6J3 I
d. Address:
• Street1: !200 Civic Center Way
Street2: I
* City: IE1 Cajon I
County/Parish: I I
• State: icA: California
Province: I I
• Country: lusA: UNITED STATES
• Zip/ Postal Code: 192020-3916 I
e. Organizational Unit:

Department Name: Division Name:

I I I
f. Name and contact information of person to be contacted on matters involving this application:

Prefix: IMr. I
• First Name: !Jose
Middle Name: I I
• Last Name: loorado
Suffix: I I
Title: IHous ing Manager
Organizational Affiliation:

I
• Telephone Number: 1619-441-1786 I Fax Number: I
• Email: [email protected]
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Expiration Date: 11/30/2025
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HOME
Application for Federal Assistance SF-424
* 9. Type of Applicant 1: Select Applicant Type:
le, City or Township Government I
Type of Applicant 2: Select Applicant Type:

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Type of Applicant 3: Select Applicant Type:

I
* Other (specify):

I
* 10. Name of Federal Agency:

Department of Housing and Urban Development I

11. Catalog of Federal Domestic Assistance Number:

I
CFDA Title:

HOME Program
* 12. Funding Opportunity Number:

NA I
* Title:

13. Competition Identification Number:

I
Title:

14. Areas Affected by Project (Cities, Counties, States, etc.):
•
I I, Add Attachment 11 Delete Attachment 11 View Attachment I * 15. Descriptive Title of Applicant's Project:
2024-2025 Action Plan for the HOME program consisting of the provision of affordable housing, including rehabilitation, homebuyer assistance, CHOO, and other related activities.

Attach supporting documents as specified in agency instructions.

I Add Attachments 11 Delete Attachments 11 View Attachments I Application for Federal Assistance SF-424

16. Congressional Districts Of:
* a. Applicant is2nct I * b. Program/Project is2nct I
Attach an additional list of Program/Project Congressional Districts if needed.

I I I Add Attachment II Delete Attachment 11 View Attachment I

17. Proposed Project:
* a. Start Date: io710112024 I * b. End Date: 106/30/20251

18. Estimated Funding($):
*a.Federal 620,392.001
* b. Applicant o. ooi
* c. State o. ool
* d. Local o. ool
* e. Other o. ooi
* f. Program Income o. ooi
* g. TOTAL 620,392.ooi
* 19. Is Application Subject to Review By State Under Executive Order 12372 Process? D a. This application was made available to the State under the Executive Order 12372 Process for review on I I D b. Program is subject to E.O. 12372 but has not been selected by the State for review. � c. Program is not covered by E.O. 12372.
• 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) 0Yes �No
If "Yes", provide explanation and attach
I I I Add Attachment II Delete Attachment II View Attachment I

21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001) �**I AGREE
** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions.

Authorized Representative:

Prefix: IMr.

Middle Name: I
* Last Name: !Mitchell
Suffix: I
* Title: !city Manager
* Telephone Number: 1619-441-1718
* Email: lgmi tchell@elcaj on. gov
* Signature of Authorized Representative:

I
I
(
* First Name: !Graham I
I I
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I Fax Number: I
........
�
* Date Signed:

I �
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HOME
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CDBG

ASSURANCES
-CONSTRUCTION

PROGRAMS
0MB
Number
: 4040
-0009
Expiration
Date
: 02/28/2025
Public
reporting
burden
for
this
collection
of
information
is
estimated
to
average
15 minutes
per
response,
including
time
for
reviewing
instructions,
searching
existing
data
sources,
gathering
and
maintaining
the
data
needed,
and
completing
and
reviewing
the
collection
of
information.

Send
comments
regarding
the
burden
estimate
or
any
other
aspect
of
this
collection
of
information,
including
suggestions
for
reducing
this
burden,
to
the
Office
of
Management
and
Budget,
Paperwork
Reduction
Project
(0348-0042)
, Washington,
DC
20503.

PLEASE
DO
NOT
RETURN
YOUR

COMPLETED
FORM
TO
THE
OFFICE
OF

MANAGEMENT
AND
BUDGET.

SEND
IT
TO
THE

ADDRESS

PROVIDED
BY
THE

SPONSORING
AGENCY.

NOTE:

Certain
of
these
assurances
may
not
be
applicable
to
your
project
or
program.

If
you
have
questions,
please
contact
the
Awarding
Agency.

Further,
certain
Federal
assistance
awarding
agencies
may
require
applicants
to
certify
to
additional
assurances
. If
such
is
the
case
, you
will
be
notified
.

As
the
duly
authorized
representative
of
the
applicant:,
I certify
that
the
applicant:

1. Has
the
legal
authority
to
apply for
Federal
assistance,
and
the
institutional
, managerial
and
financial
capability
(including
funds
sufficient
to
pay
the
non
-Federal
share
of
project
costs)
to
ensure
proper
planning,
management
and
completion
of
project
described
in
this
application
.

2. Will
give
the
awarding
agency,
the
Comptroller
General
of
the
United
States
and,
if
appropriate
, the
State,
the
right
to
examine
all
records
, books,
papers
, or
documents
related
to
the
assistance
; and
will
establish
a
proper
accounting
system
in
accordance
with
generally
accepted
accounting
standards
or
agency
directives
.

3. Will
not
dispose
of
, modify
the
use
of
, or
change
the
terms
of
the
real
property
title
or
other
interest
in
the
site
and
facilities
without
permission
and
instructions
from
the
awarding
agency.

Will
record
the
Federal
awarding
agency
directives
and
will
include
a
covenant
in
the
title
of
real
property
acquired
in
whole
or
in
part
with
Federal
assistance
funds
to
assure
non
discrimination
during
the
useful
life
of
the
project.

4. Will
comply
with
the
requirements
of
the
assistance
awarding
agency
w
ith
regard
to
the
drafting
, rev
iew
and
approval
of
construction
plans
and
specifications.

5. Will
provide
and
maintain
competent
and
adequate
engineering
supervision
at
the
construction
site
to
ensure
that
the
complete
work
conforms
with
the
approved
plans
and
specifications
and
will
furnish
progressive
reports
and
such
other
information
as
may
be
required
by
the
assistance
awarding
agency
or
State
.

6. Will
initiate
and
complete
the
work
within
the
applicable
time
frame
after
receipt
of
approval
of
the
awarding
agency.

7. Will
establish
safeguards
to
prohibit
employees
from
using
their
positions
for
a
purpose
that
constitutes
or
presents
the
appearance
of
personal
or
organizational
conflict
of
interest
, or
personal
gain
.

8. Will
comply
with
the
Intergovernmental
Personnel
Act
of
1970
(42
U.S.C.
§§4728-4763)
relating
to
prescribed
standards
of
mer
it
systems
for
programs
funded
under
one
of
the
19 statutes
or
regulations
specified
in
Appendi
x
A
of
OPM's
Standards
for
a
Merit
System
of
Personnel
Administration
(5
C.F
.R.
900
, Subpart
F).

9. Will
comply
with
the
Lead-Based
Paint
Poisoning
Prevention
Act
(42
U.S.C.
§§4801
et
seq.)
which
prohibits
the
use
of
lead-based
paint
in
construction
or
rehabilitation
of
residence
structures.

10. Will
comply
with
all
Federal
statutes
relating
to
non
discrimination.

These
include
but
are
not
limited
to
: (a)
Title
VI
of
the
Civil
Rights
Act
of
1964
(P
. L.
88-352)
which
prohibits
discrimination
on
the
basis
of
race
,
color
or
national
origin;
(b)
Title
IX
of
the
Education
Amendments
of
1972
, as
amended
(20
U.S.C. §§1681
1683
, and
1685-1686)
, which
prohibits
discrimination
on
the
basis
of
sex
; (c)
Section
504
of
the
Rehabilitation
Act
of
1973
, as
amended
(29)
U.S.C.
§794)
, which
prohibits
discrimination
on
the
basis
of
handicaps
; (d)
the
Age
Discrimination
Act
of
1975,
as
amended
(42
U.S.C. §§6101-6107),
which
prohibits
discrimination
on
the
basis
of
age;
(e)
the
Drug
Abuse
Office
and
Treatment
Act
of
1972
(P.

L.
92 -255),
as
amended
relating
to
nondiscrimination
on
the
basis
of
drug
abuse
; (f)
the
Comprehensive
Alcohol
Abuse
and
Alcoholism
Prevention,
Treatment
and
Rehabilitation
Act
of
1970
(P
.L.
91 -616),
as
amended
, relating
to
nondiscrimination
on
the
basis
of
alcohol
abuse
or
alcoholism;
(g)
§§523
and
527
of
the
Public
Health
Service
Act
of
1912
(42
U.S.C
. §§290
dd-3
and
290
ee
3)
, as
amended
, relating
to
confidentiality
of
alcohol
and
drug
abuse
patient
records
; (h)
Title
VIII
of
the
Civil
Rights
Act
of
1968
(42
U.S.C.
§§3601
et
seq
.),
as
amended,
relating
to
nondiscrimination
in
the
sale
,
renta
l or
financing
of
housing;
(i)
any
other
nondiscrimination
provisions
in
the
specific
statue(s)
under
which
application
for
Federal
assistance
is
being
made;
and
0)
the
requirements
of
any
other
nondiscrimination
statue(s)
which
may
apply
to
the
application
.

Previous
Edition
Usable
Authorized
for
Local
Reproduction
Standard
Form
424D
(Rev.
7-97)
Prescribed
by
0MB
Circular
A-102
CDBG
11 .

Will
comply,
or
has
already
complied
, with
the
requirements
of
Titles
II
and
Ill
of
the
Uniform
Relocation
Assistance
and
Real
Property
Acquisition
Policies
Act
of
1970
(P
.L.
91-646)
which
provide
for
fair
and
equitable
treatment
of
persons
displaced
or
whose
property
is
acquired
as
a
result
of
Federal
and
federally-assisted
programs
. These
requirements
apply
to
all
interests
in
real
property
acquired
for
project
purposes
regardless
of
Federal
participation
in
purchases
.
12 .

Will
comply
with
the
provisions
of
the
Hatch
Act
(5
U.S.C.
§§1501
-1508
and
7324
-7328)
which
limit
the
political
activities
of
employees
whose
principal
employment
activities
are
funded
in
whole
or
in
part
with
Federal
funds.
13 .

Will
comply,
as
applicable
, with
the
provisions
of
the
Davis

Bacon
Act
(40
U.S.C. §§276a
to
276a-7),
the
Copeland
Act
(40
U.S.C
. §276c
and
18 U.S.C.
§874)
, and
the
Contract
Work
Hours
and
Safety
Standards
Act
(40
U.S.C. §§327
-
333)
regarding
labor
standards
for
federally-ass
isted
construction
subagreements
.

14. Will
comply
with
flood
insurance
purchase
requirements
of
Section
102(a)
of
the
Flood
Disaster
Protection
Act
of
1973
(P
.L.
93 -234)
which
requires
recipients
in
a
special
flood
hazard
area
to
participate
in
the
program
and
to
purchase
flood
insurance
if the
total
cost
of
insurable
construction
and
acquisition
is
$10,000
or
more.
15 .

Will
comply
with
environmental
standards
which
may
be
presc
ribed
pursuant
to
the
following
: (a)
institution
of
environmental
quality
control
measures
under
the
National
Environmental
Policy
Act
of
1969
(P
.L.
91 -
190)
and
Executive
Order
(EO)
11514
; (b)
notification
of
violating
facilities
pursuant
to
EO
11738;
(c)
protection
of
wetlands
pursuant
to
EO
11990
; (d)
evaluation
of
flood
hazards
in
floodplains
in
accordance
with
EO
11988
; (e)
assurance
of
project
consistency
with
the
approved
State
management
program
developed
under
the
Coastal
Zone
Management
Act
of
1972
(16
U.S.C. §§1451
et
seq
.); (f)
conformity
of

SIGNATURE
OF

AUTHORIZED

CERTIFYING

OFFICIAL

APPLICANT

ORGANIZATION
!city
of
El
Cajon
Federal
actions
to
State
(Clean
Air)
implementation
Plans
under
Section
176(c)
of
the
Clean
Air
Act
of
1955,
as
amended
(42
U.S.C. §§7401
et
seq
.); (g)
protection
of
underground
sou
rces
of
drinking
water
under
the
Safe
Drinking
Water
Act
of
197
4, as
amended
(P
.L.
93-523)
; and,
(h)
protection
of
endangered
species
under
the
Endangered
Spec
ies
Act
of
1973,
as
amended
(P
.L.
93-205)
.
16 .

Will
comply
with
the
Wild
and
Scenic
Rivers
Act
of
1968
(16
U.S.C. §§1271
et
seq
.) related
to
protecting
components
or
potential
components
of
the
national
wild
and
scenic
rivers
system
.
17 .

Will
assist
the
awarding
agency
in
assuring
compliance
with
Section
106
of
the
National
Historic
Preservation
Act
of
1966,
as
amended
(16
U.S.C. §470)
, EO
11593
(identification
and
protection
of
historic
properties),
and
the
Archaeological
and
Historic
Preservation
Act
of
1974
(16
U.S
.C. §§469a-1
et
seq)
.
18 .

Will
cause
to
be
performed
the
required financial
and
compliance
audits
in
accordance with
the
Single
Audit
Act
Amendments
of
1996
and
0MB
Circular
No
. A-133,
"Audits
of
States
, Local
Governments,
and
Non-Profit
Organizations."
19 .

Will
comply
with
all
applicable
requirements
of
all
other
Federal
laws
, executive
orders,
regulations,
and
policies
governing
this
program
.
20 .

Will
comply
with
the
requirements
of
Section
106(g)
of
the
Trafficking
Victims
Protection
Act
(TVPA)
of
2000
, as
amended
(22
U.S.C.
7104)
which
prohibits
grant
award
recipients
or
a
sub-recipient
from
(1)
Engaging
in
severe
forms
of
trafficking
in
persons
during
the
period
of
time
that
the
award
is
in
effect
(2)
Procuring
a
commercial
se
x
act
during
the
period
of
time
that
the
award
is
in
effect
or
(3)
Using
forced
labor
in
the
performance
of
the
award
or
subawards
under
the
awa
rd.

TITLE !city
Manager
DATE

SUBMITTED
SF
-424D
(Rev
. 7-
97)
Ba
ck
HOME
ASSURANCES -CONSTRUCTION PROGRAMS 0MB Number: 4040-0009 Expiration Date: 02/28/2025
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503.

PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.

NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified.

As the duly authorized representative of the applicant:, I certify that the applicant:

1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning,
management and completion of project described in
this application.

2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State,
the right to examine all records, books, papers, or
documents related to the assistance; and will establish a proper accounting system in accordance with
generally accepted accounting standards or agency
directives.

3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal
awarding agency directives and will include a covenant
in the title of real property acquired in whole or in part with Federal assistance funds to assure non
discrimination during the useful life of the project.

4. Will comply with the requirements of the assistance
awarding agency with regard to the drafting, review and approval of construction plans and specifications.

5. Will provide and maintain competent and adequate
engineering supervision at the construction site to
ensure that the complete work conforms with the
approved plans and specifications and will furnish
progressive reports and such other information as may be required by the assistance awarding agency or State.

6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.

7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational
conflict of interest, or personal gain.

8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed
standards of merit systems for programs funded
under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).

9. Will comply with the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

10. Will comply with all Federal statutes relating to non discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race,
color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681
1683, and 1685-1686), which prohibits discrimination
on the basis of sex; (c) Section 504 of the
Rehabilitation Act of 1973, as amended (29) U.S.C.
§794), which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as
amended (42 U.S.C. §§6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), as
amended relating to nondiscrimination on the basis of
drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee
3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale,
rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statue(s)
under which application for Federal assistance is being made; and 0) the requirements of any other
nondiscrimination statue(s) which may apply to the
application.

Previous Edition Usable Authorized for Local Reproduction Standard Form 424D (Rev. 7-97) Prescribed by 0MB Circular A-102
HOME
11 .

These
requirements
apply
to
all
interests
in
real
property
acquired
for
project
purposes
regardless
of
Federal
participation
in
purchases
.
12 .

Will
comply
with
the
provisions
of
the
Hatch
Act
(5
U.S.C
.
§§1501-1508
and
7324-7328)
which
limit
the
political
activities
of
employees
whose
principal
employment
activities
are
funded
in
whole
or
in
part
with
Federal
funds.
13 .

Will
comply
, as
applicable
, with
the
provisions
of
the
Davis
Bacon
Act
(40
U.S.C.
§§276a
to
276a-7),
the
Copeland
Act
(40
U.S.C. §276c
and
18 U.S.C. §874),
and
the
Contract
Work
Hours
and
Safety
Standards
Act
(40
U.S.C.
§§327-
333)
regarding
labor
standards
for
federally-assisted
construction
subagreements.
14 .

Will
comply
with
flood
insurance
purchase
requirements
of
Section
102(a)
of
the
Flood
Disaster
Protection
Act
of
1973
(P
.L.
93-234) which
requires
recipients
in
a
special
flood
hazard
area
to
participate
in
the
program
and
to
purchase
flood
insurance
if the
total
cost
of
insurable
construction
and
acquisition
is
$10
,000
or
more
.
15 .

Will
comply
with
environmental
standards
which
may
be
prescribed
pursuant
to
the
following
: (a)
institution
of
environmental
quality
control
measures
under
the
National
Environmental
Policy
Act
of
1969
(P
.L. 91
-
190)
and
Executive
Order
(EO)
11514;
(b)
notification
of
violating
facilities
pursuant
to
EO
11738;
(c)
protection
of
wetlands
pursuant
to
EO
11990;
(d)
evaluation
of
flood
hazards
in
floodplains
in
accordance
with
EO
11988;
(e)
assurance
of
project
consistency
with
the
approved
State
management
program
developed
under
the
Coastal
Zone
Management
Act
of
1972
(16
U.S
.C.
§§1451
et
seq
.);
(f)
conformity
of

SIGNATURE
OF

AUTHORIZED

CERTIFYING

OFFICIAL

APPLICANT

ORGANIZATION
!city
of
El
Cajon
Federal
actions
to
State
(Clean
Air)
implementation
Plans
under
Section
176(c)
of
the
Clean
Air
Act
of
1955,
as
amended
(42
U.S
.C.
§§7401
et
seq
.); (g)
protection
of
underground
sources
of
drinking
water
under
the
Safe
Drinking
Water
Act
of
197
4,
as
amended
(P
.L.
93-523);
and,
(h)
protection
of
endangered
species
under
the
Endangered
Species
Act
of 1973
, as
amended
(P
.L.
93-205)
.
16 .

Will
comply
with
the
Wild
and
Scenic
Rivers
Act
of
1968
(16
U.S.C.
§§1271
et
seq.)
related
to
protecting
components
or
potential
components
of
the
national
wild
and
scenic
rivers
system
.
17 .

Will
assist
the
awarding
agency
in
assuring
compliance
with
Section
106
of
the
National
Historic
Preservation
Act
of
1966
, as
amended
(16
U.S.C.
§470),
EO
11593
(identification
and
protection
of
historic
properties),
and
the
Archaeological
and
Historic
Preservation
Act
of
1974
(16
U.S.C.
§§469a-1
et
seq)
.
18 .

Will
cause
to
be
performed
the
required
financial
and
compliance
audits
in
accordance with
the
Single
Audit
Act
Amendments
of
1996
and
0MB
Circular
No
. A-133,
"Audits
of
States,
Local
Governments,
and
Non
-Profit
Organizations
."
19 .

Will
comply
with
all
applicable
requirements
of
all
other
Federal
laws,
executive
orders,
regulations
, and
policies
governing
this
program
.

20. Will
comply
with
the
requirements
of
Section
106(g)
of
the
Trafficking
Victims
Protection
Act
(TVPA)
of
2000,
as
amended
(22
U.S.C
. 7104)
which
prohibits
grant
award
recipients
or
a
sub
-recipient
from
(1)
Engaging
in
severe
forms
of
trafficking
in
persons
during
the
period
of
time
that
the
award
is
in
effect
(2)
Procuring
a
commercial
sex
act
during
the
period
of
time
that
the
award
is
in
effect
or
(3)
Using
forced
labor
in
the
performance
of
the
award
or
subawards
under
the
award.

TITLE
·ty
Manager
DATE

SUBMITTED
I I
s--
1 L--1
z...
v
SF-424D
(Rev
. 7-97)
Back

CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that:

Affirmatively Further Fair Housing --The jurisdiction will affirmatively fu1ther fair housing.

Uniform Relocation Act and Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Prope1ty Acquisition Policies Act of 1970, as amended, ( 42 U.S.C. 4601-4655) and implementing regulations at 49 CFR Pait 24. It has in effect and is following a residential anti-displacement and relocation assistance plan requ ired under 24 CFR Part 42 in connection with any activity assisted with funding under the Community Development Block Grant or HOME programs.

Anti-Lobbying--To the best of the jurisdiction's knowledge and belief:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency , a Member of Congress, an officer or employee of Congress , or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant , the making of any Federal loan, the entering into of any cooperative agreement, and the extension , continuation , renewal, amendment , or modification of any Federal contract , grant , loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Repo1t Lobbying," in accordance with its instructions; and

3. It will require that the language of paragraph 1 and 2 of this anti-lobbying ce1tification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall ce1tify and disclose accordingly.

Authority of Jurisdiction --The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations.

Consistency with plan --The housing activities to be unde1taken with Community Development Block Grant, HOME, Emergency Solutions Grant, and Housing Oppo1tunities for Persons With AIDS funds are consistent with the strategic plan in the jurisdiction's consolidated plan.

Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968 (12 UA ) : d im: leme: ting regulations at 24 CFR Part 75.
~ }-l~-2.l,f
Signature of Authorized Official Date
City Manager
Title
Specific Community Development Bl.ock Grant Certifications The Entitlement Community certifies that:

Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105.

Community Development Plan -- Its consolidated plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that that have been developed in accordance with the primary objective of the CDBG program (i.e ., the development of viable urban communities, by providing decent housing and expanding economic oppo1tunities, primarily for persons of low and moderate income) and requirements of24 CFR Paits 91 and 570.

Following a Plan -- It is following a current consolidated plan that has been approved by HUD.

Use of Funds -- It has complied with the following criteria:

L Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include CDBG-assisted activities which the grantee ce1tifies are designed to meet other community development needs having paiticular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available (see Optional CDBG Ce1tification).

I, Overall Benefit. The aggregate use of CDBG funds, including Section 108 guaranteed loans, during program year(s) 2024, 2025, 2026 [a period specified by the grantee of one, two, or three specific consecutive program years], shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period. ~ Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount against prope1ties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements.

However, if CDBG funds are used to pay the propmtion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the prope1ty with respect to the public improvements financed by a source other than CDBG funds.

In addition, in the case of prope1ties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment.

Excessive Force -- It has adopted and is enforcing:

1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and

2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction.

Compliance with Anti-discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and the Fair Housing Act (42 U.S.C. 3601-3619) and implementing regulations.

Lead-Based Paint -- Its activities concerning lead-based paint will comply with the requirements of24 CFR Part 35, Subpa1ts A, B, J, K and R.

Compliance with Laws -- It will comply with applicable laws.

Signature of Authorized Official
City Manager
Title
OPTIONAL Community Development Block Grant Certification Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having particular urgency as specified in 24 CFR 570.208(c):

The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG assisted activities which are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs .

Signature of Authorized Official Date
Title
Specific HOME Certifications
The HOME participating jurisdiction certifies that:

Tenant Based Rental Assistance -- If it plans to provide tenant-based rental assistance, the tenant-based rental assistance is an essential element of its consolidated plan.

Eligible Activities and Costs -- It is using and will use HOME funds for eligible activities and costs, as described in 24 CFR §§92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in §92.214.

Subsidy layering -- Before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; <;'- r'-l-)Z.. Y
Signature of Authorized Official Date
City Manager
Title

APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION:

Lobbying Certification
This ce1tification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required ce1tification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

FY 2024‐25 CDBG ALLOCATIONS ATTACHMENT "1"
$ 1,282,473
$ 256,494
$ 192,370
$ 833,609
Plus Prior Year Unallocated Funds for CAPITAL*: $ 37,086 $ 1,319,559
Agency Project/Program Grant Type
Staff Recommendations
Approved 04/23/24

ADOPTED FINAL
ALLOCATIONS 5/28/24
City - ADMIN CDBG Administration* (1) CDBG Admin $ 205,800 $ 216,494 CSA San Diego County Fair Housing Services CDBG Admin $ 40,000 $ 40,000 $ 245,800 $ 256,494
*rounded down
(1) CDBG Administration will be increased by 20% of CDBG Program Income from loan repayments received during FY 2024-2025, as authorized by the Resolution. Adjustment made due to final CDBG allocation that allowed for a $10,694 increase to this activity.

Less 20% (MAX) for ADMIN:

Remaining Funds for CAPITAL after Admin and Public Services:

Note: In 2024-2025, the City received a 4.35% CDBG increase.

ADMINISTRATION - 20% CAP ($256,494)
Less 15% (MAX) for PUBLIC SERVICES:

TOTAL CDBG FUNDS AVAILABLE:

FY 2024-2025 CDBG FUNDS AVAILABLE
FY 2024-25 CDBG Final Allocation:

FY 2024‐25 CDBG ALLOCATIONS ATTACHMENT "1"
Agency Project/Program Grant Type
Staff Recommendations
Approved 04/23/24

ADOPTED FINAL
ALLOCATIONS 5/28/24
City - Public Works Neighborhood Street Lights 2024-2025 (2) CDBG Capital $ 850,936 $ 870,695 $ 850,936 $ 870,695
Agency Project/Program Grant Type
Staff Recommendations
Approved 04/23/24

ADOPTED FINAL
ALLOCATIONS 5/28/24
Interfaith Shelter Network Rotational Shelter Program CDBG Pub Svc $ 10,893 $ 10,893 Elderhelp of San Diego Senior Care Coordination Program CDBG Pub Svc $ 10,000 $ 10,000 Meals on Wheels Greater San
Diego Meals on Wheels El Cajon CDBG Pub Svc $ 25,000 $ 25,000 East County Transitional Living
Center Emergency Shelter Program CDBG Pub Svc $ 100,000 $ 100,000 Mama's Kitchen Home-Delivered Meal Program CDBG Pub Svc $ 15,000 $ 15,000 Home Start, Inc. El Cajon Outreach and Homeless
Services (3) CDBG Pub Svc $ 26,183 $ 31,477 $ 187,076 $ 192,370
$ 1,319,559 TOTAL CDBG FUNDS AVAILABLE:
* rounded down
(3) adjustment made due to final CDBG allocations that allowed for a $8,019 increase to this activity.

PUBLIC FACILITIES/CAPITAL/OTHER - Remaining Funds after ADMIN and PS ($833,609 + $37,086 Prior Year Unallocated)
(2) adjustment made due to final CDBG allocation that allowed for a $34,759 increase to this activity.

PUBLIC SERVICES - 15% CAP* ($192,370)
FY 2024‐25 HOME ALLOCATIONS ATTACHMENT "2"
Note: In 2024-2025, the City received a 9.96% HOME decrease. $ 620,392
$ 62,039
$ 93,058
$ 465,295
$ 620,392
Agency Project/Program Grant Type
Staff Recommendations Approved
4/23/24

ADOPTED FINAL ALLOCATIONS
5/28/24
City - Housing HOME Administration (1) HOME Admin $ 68,900 $ 62,039 $ 68,900 $ 62,039 Agency Project/Program Grant Type
Staff Recommendations Approved
4/23/24

ADOPTED FINAL ALLOCATIONS
5/28/24
TBD CHDO Set Aside Funds (2) HOME CHDO $ 103,350 $ 93,058 $ 103,350 $ 93,058 Agency Project/Program Grant Type
Staff Recommendations Approved
4/23/24

ADOPTED FINAL ALLOCATIONS
5/28/24
City - Housing Division American Dream First-Time Homebuyer ( 3) HOME Entitlement - City - Housing Division Single-Family Rehabilitation Program (3) HOME Entitlement - City - Housing Division Mobilehome Rehab/Replacement Program (3) HOME Entitlement - City - Housing Division Housing Programs Pool of Funds HOME E ntitlement $ 516,750 $ 465,295 $ 516,750 $ 465,295 620,392$ TOTAL HOME FUNDS AVAILABLE:

CHDO Set-Aside - 15% CAP ($93,058 available)
REMAINING TO ALLOCATE ($465,295 available)
Remaining to Allocate:

Total HOME Funds Available:
(3) These programs are continuing City Council-authorized housing programs, and the City Manager is authorized to move funds from the Housing Programs Pool of Funds to these authorized programs (American Dream FTHB, SF Rehab and Mobilehome Rehab/Replacement Program) on an as-needed basis, based on market conditions and demand. See footnote (2) above.

FY 2024-2025 HOME FUNDS AVAILABLE
ADMINISTRATION - 10% CAP ($62,039 available)
(1) HOME Administration adjustment made due to the final HOME allocations being reduced by 9.96% for FY 24-25.

HOME Administration will be increased by 10% of HOME Program Income from loan repayments received during FY 2024-2025 as authorized in the Resolution.
(2) CHDO Set Aside amount is required to be set at 15% of the total HOME allocation. If HUD approves a CHDO waiver during FY 24- 25, funds will be moved to the Housing Programs Pool of Funds for City Council authorization of specific housing projects or programs.

FY 2024-25 HOME Final Allocation:

Less 10% (MAX) Reserved for Admin:

Less 15% (MIN) Required for CHDO Set-Aside:

City Council
Agenda Report
Agenda Item 11.

DATE: May 28, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Yazmin Arellano, Director of Public of Works
SUBJECT: Encroachment Agreement with Zayo Group, LLC., for the Installation and Operation of Fiber Optic Network in the City's Right-of-Way RECOMMENDATION:

That the City Council adopts the next Resolution, in order, authorizing an Encroachment Agreement with Zayo Group, LLC., for the installation and operation of a fiber optic telecommunications network within the City's right-of-way.

BACKGROUND:

There is an increasing demand for advanced technology, necessitating new telecommunications infrastructure. Today, residents and businesses seek faster and more reliable services to support their mobile devices, home or office internet, and telephone needs.

The 5G telecommunications network requires more connection points and bandwidth than previous technologies. To support this new technology, new fiber optic lines are being installed throughout communities in the United States.

Zayo Group, LLC, headquartered in Boulder, Colorado, is a fiber-to-the-premise service provider offering affordable and reliable high-speed internet to residents, businesses, carriers, and community/government entities. Zayo Group, LLC obtained a Certificate of Public Convenience and Necessity from the Public Utilities Commission of the State of California, approved by Decision 98-12-083, authorizing Zayo Group, LLC to provide telecommunications services throughout the State of California. They have requested an encroachment agreement to place their facilities in the City. The proposed encroachment agreement with Zayo Group, LLC would allow new fiber optic lines to be installed in the City's right-of-way. The fiber optic network will be installed through new or existing underground conduits or using overhead utility poles. This agreement does not allow Zayo Group, LLC to install wireless antennas or cell sites.

The agreement's initial term is five years, with options for successive five-year renewal terms. In addition to this encroachment agreement, Zayo Group, LLC will be required to apply for project-specific encroachment permits and pay all applicable fees. There are no fees associated directly with this encroachment agreement. Permit fees will be collected for each encroachment/utility permit issued for work conducted in the City's right-of-way. It is estimated that potential revenues will be over several thousand dollars based on the amount of permit applications received by the Zayo Group.
.!!!!_ Valley of opportunity
~ ~ ~
C'o ~ '\.o,
"'Poratel\
CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed Encroachment Agreement with Zayo Group, LLC for the installation and operation of a fiber optic telecommunications network within the City's right-of-way is exempt from the California Environmental Quality Act ("CEQA") pursuant to section 15301 of the State CEQA Guidelines. Section 15301 provides an exemption for minor alterations to existing facilities.

FISCAL IMPACT:

There is no fiscal impact associated with this encroachment agreement at this time. Permit fees will be collected for each encroachment/utility permit issued for work conducted in the City's right-of-way. It is estimated that potential revenues will be over several thousand dollars based on the amount of permit applications received by the Zayo Group.

Prepared By: Mario Sanchez, City Engineer
Reviewed By: Yazmin Arellano, Director of Public Works
Approved By: Graham Mitchell, City Manager
Attachments
Resolution
Encroachment Agreement

Page 1 of 2 ends

RESOLUTION
NO. ___-24
A RE

SOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CAJON

APPROVING AN ENCROACHMENT AGREEMENT BETWEEN

THE CITY OF EL CAJON AND ZAYO GROUP, LLC FOR THE

INSTALLATION, OPERATION AND MAINTENANCE OF

TELECOMMUNICATIONS NETWORK FACILITIES

WITHIN THE PUBLIC RIGHT-OF-WAY
WHEREAS, t he increasing demand for advanced technology continues to necessitate new telecommunications infrastructure as residents and businesses in the City of El Cajon (the "City") seek faster and more reliable services to support mobile devices, home and office internet, and telephone needs; and WHEREAS, the 5G network requires more connection points and bandwidth than previous technologies, and in order to support advancing technology, installation of new fiber optic lines is necessary; and
WHEREAS, Zayo Group, LLC (" Zayo") is a fiber -to-the-premise service provider offering affordable and reliable high-speed internet to residents, businesses, carriers, and community/government entities; and
WHEREAS, the proposed encroachment agreement with Zayo (the "Agreement") would allow new fiber optic lines to be installed in the City's public right -of-way through new or existing underground conduits or using overhead utility poles; and WHEREAS, the Agreement does not allow Zayo to install wireless antennas or cell sites; and
WHEREAS, the initial term of the Agreement is for five (5) years, with the option to renew for successive five-year periods of time; and
WHEREAS, i n addition to the Agreement, Zayo must apply for project -specific encroachment permits and pay all applicable fees required for such permits; and WHEREAS, encroachment permit fees are established to reimburse the City for the reasonable costs associated with the issuance of such permits, therefore, there is no fiscal impact associated with the Agreement; and
WHEREAS, the Agreement is exempt from the California Environmental Quality Act ( "CEQA") pursuant to section 15301 of the CEQA Guidelines, which provides an exemption for minor alterations to existing facilities; and WHEREAS, the City Council believes it to be in the City's best interest to enter into the Agreement with Zayo as recommended by staff.

Page 2 of 2 ends

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 Agreement is exempt from CEQA pursuant to section 15301 of the CEQA Guidelines, which provides an exemption for minor alterations to existing facilities.

3. The City Council approves entering into the Agreement with Zayo for the installation, operation and maintenance of a fiber optic telecommunications network (the "Network") within the City's public right -of-way provided, however, that Zayo first obtains all necessary encroachment permits related to the Network at those locations where work is to be performed prior to any work in the City’s right-of-way at any time, including during the term of the Agreement.

4. The City Council hereby authorizes the City Manager, or such person as is designated by the City Manager, to execute the Agreement, with any such changes and refinements as may be necessary and approved by the City Manager.

5. The City Manager, or such person as is designated by the City Manager, is hereby authorized and directed to execute any subsequent amendments to the Agreement, or other documents necessary, as may be approved by the City Manager, on behalf of the City of El Cajon.

05/28/24 CC Agenda
Reso – Approve Encroachment Agmt w-Zayo (Telecom Network Facilities in ROW) 051724

ENCROACHMENT AGREEMENT

BETWEEN THE CITY OF EL CAJON AND

ZAYO GROUP, LLC FOR THE

INSTALLATION, OPERATION AND MAINTENANCE OF

TELECOMMUNICATIONS NETWORK FACILITIES

WITHIN THE PUBLIC RIGHT-OF-WAY
This Agreement ("Agreement") is dated for identification this __ day of _______ , 2024 by and between the City of El Cajon, a California charter city and municipal corporation (herein termed "City"), and Zayo Group, LLC, a Delaware limited liability company, (herein termed "Permittee").

RECITALS
WHEREAS, Permittee desires to construct, install, and maintain Telecommunications Network Facilities within the Public Right-of-Way and/or public utility or service easements within City and City is willing to allow such activity to be conducted, subject to compliance by Permittee with all of the terms, conditions and requirements as set forth in this Agreement; and
WHEREAS, City has the authority to regulate the terms and conditions for the use of Public Right-of-Way for the construction, installation, and maintenance of Telecommunications Network Facilities by private telecommunications services providers; and
WHEREAS, Permittee has obtained a Certificate of Public Convenience and Necessity from the Public Utilities Commission of the State of California and approved by Decision 98-12-083 authorizing Permittee to provide telecommunications services throughout the State of California.

NOW, THEREFORE, in consideration of the recitals and the mutual promises contained herein, City and Permittee agree as follows:
"Permittee" means Zayo Group, LLC, and includes its lawful successors or assigns.
"City" means the City of El Cajon, a charter city and municipal corporation in the State of California, and includes the duly elected or appointed officers, agents, employees, and volunteers of the City of El Cajon, individually or collectively. "Agency" means any local, county, state or federal governmental agency or quasi governmental body other than the City, including, without limitation the Federal Communications Commission and the State of California Public Utilities Commission. "Agreement" means this "ENCROACHMENT AGREEMENT BETWEEN THE

CITY OF EL CAJON AND ZAYO GROUP, LLC FOR THE INSTALLATION, OPERATION 020824

AND MAINTENANCE OF TELECOMMUNICATIONS NETWORK FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY."
"Business Day" means any calendar day, except a Saturday, Sunday, and any Day observed as a legal holiday by City. For the purposes hereof, if the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as an official holiday by City, the time for performance shall be extended to the following Business Day. "City Manager" means the individual designated as the City Manager as that position is established under the City's Municipal Code. "Council" means those elected officials which are authorized to exercise the legislative powers granted to and vested in City under City's charter and Government Code section 37100 et seq.
"Day" means any calendar day, unless a Business Day is specified. For the purposes hereof, the time in which an act is to be performed shall be computed by excluding the first Day and including the last.
"Directors" means the individuals designated as the City Manager or his/her designee, and the Director of Public Works, or any combination of one or more of the named individuals holding such titles and performing such functions as charged under the City's Municipal Code.
"Director of Public Works" means the individual designated as the Director of Public Works by the City Manager, including any individual expressly designated to exercise functions with respect to the rights and obligations of the Director of Public Works under this Agreement, and any other individual, person, division, department, bureau, or agency as may exercise from time to time functions equivalent or similar to those now exercised by the Director of Public Works.
"Fee" means any assessment, license, charge, fee, imposition, tax (excluding any utility users tax), or levy lawfully imposed by any governmental body. "LAT A" means "local access and transport area."
"Law" or "Laws" means any judicial or administrative decision, statute, constitution, ordinance, resolution, regulation, rule, tariff, certificate, order, or other requirement of any municipal, county, state, federal, or other Agency having joint or several jurisdiction over the parties to this Agreement, in effect either at the time of execution of this Agreement or at any time during the location of the Facilities in the Public Right-of-Way. A reference to "Laws" shall include the Standard Drawings and Standard Specifications and the Municipal Code.
"Municipal Code" means the El Cajon Municipal Code, and each and every section, chapter, and title contained therein, as may be amended from time to time. 2 2024/Encroachmen/ Group Encroachment
"Person" means an individual, a corporation, a partnership, a limited liability company, a sole proprietorship, a joint venture, a business trust, and any other form of business association.
"Provision" means any agreement, clause, condition, covenant, qualification, restriction, reservation, term, or other stipulation in this Agreement or under any Law that defines or otherwise controls, establishes, or limits the performance required or permitted by any party to this Agreement.
"Public Right-of-Way" means in, upon, along, across, under and over the public streets, roads, lanes, courts, ways, alleys, boulevards, and places, including, without limitation, all public utility easements and public service easements, as the same now or may hereafter exist that are owned, occupied, leased, or otherwise under the jurisdiction and control of City. This term shall not include any property owned by any Person or Agency other than City except as provided by applicable Laws or pursuant to an agreement between City and any Person or Agency.
"Standard Drawings and Standard Specifications" means the general terms and conditions, specifications, and requirements of City which govern the design, construction, installation, and maintenance of any improvement within the Public Right of-Way. CalTrans Standard Plans and Specifications as periodically updated, shall be used unless City has other standards which shall then prevail. This term shall include any and all documents entitled "General Conditions" or words of similar import, now or hereafter existing, which directly pertain to all aspects of general construction work. "Telecommunications Network Facilities" or "Facilities" means without limitation, any and all cables (including fiber optics infrastructure and technology), wires, lines, ducts conduits, converters, splice boxes, cabinets, hand-holes, manholes, vaults, equipment, drains, surface location markers, appurtenances and related facilities owned, leased or licensed by Permittee, located or to be located in the Public Right-of-Way of City and used or useful for and in connection with the transmission of telecommunication messages, but does not include antennas or transmitters for providing wireless service. "Telecommunications Services" means the transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals by wire, cable, fiber-optic cables, or other wireline conveyances, which are permitted to be offered by Permittee pursuant to Permittee's Certificate of Public Convenience and Necessity from the Public Utilities Commission of the State of California, under the California Public Utilities Code and other applicable municipal, state, and federal Laws. Notwithstanding the foregoing, Telecommunications Services also means all those certain types of communications services and related services that are not presently regulated or otherwise unlawful.

TERM OF AGREEMENT

1. This Agreement shall be binding on the Permittee on the date of its approval by the City ("Effective Date") and shall be for a term of five (5) years. The term shall be renewed for successive five-year periods of time, and unless Permittee otherwise 3 2024/Encroachment Encroachi nen/ 020824
provides at least thirty (30) days prior written notice to the City of its intent not to renew the Agreement and its intent to remove or abandon the Telecommunications Facilities in accordance with Section 15 of this Agreement.

2. Failure on the part of the Permittee to perform any material obligation imposed upon it shall constitute a default and a material breach of this Agreement. In such event, the City shall be entitled to exercise all rights and remedies hereby reserved under this Agreement or made available under applicable Laws. For the purposes of this Agreement, a "material obligation" shall include, without limitation, any failure of the Permittee to give any required notice to the City, and the failure to pay, collect or remit any lawful Fee or tax.

LIMITATIONS AND RESTRICTIONS

3. City hereby agrees to permit Permittee, subject to reservations, covenants and conditions herein contained and the issuance by City and any other Agency or Person of all permits and approvals required for performance of the work, to construct, reconstruct, install, reinstall, maintain and operate, replace, relocate and remove Telecommunications Network Facilities used for Telecommunications Services within Public Right-of-Way that is located within the corporate limits of the City, subject to obtaining all required permits and approvals.

4. This Agreement is not a grant by City of any property interest but is made subject and subordinate to the prior and continuing right of City and its assigns to lawfully use any or all of the Public Right-of-Way for City-owned facilities in the performance of its duties, including but not limited to, public use as a street or sidewalk and for the purpose of laying, installing, maintaining, repairing, protecting, replacing and removing sanitary sewers, water mains, storm drains, gas mains, poles, overhead and underground electric and telephone wires, electroliers, cable television and other utility and municipal uses together with appurtenances thereof and with right of ingress and egress, along, over, across and in said Public Right-of-Way. No use of any Public Right-of-Way or other interest or property under this Agreement shall create or vest in Permittee, its successors, or any other public utility any ownership interest in the Public Right-of-Way, streets or other property or interest of City. Nothing in this Agreement shall be deemed to grant, convey, create, or vest a perpetual real property interest in land in Permittee, including any fee or leasehold interest in land, easement, nor shall anything in this Agreement be deemed or construed to grant or create any franchise rights.

5. This Agreement is made subject to all easements, restrictions, conditions, covenants, encumbrances and claims of title which may affect the Public Right-of-Way, and it is understood that Permittee, at its own cost and expense, shall obtain such permission as may be necessary, consistent with any other existing rights. Subject to the Provisions of this Agreement, City hereby licenses Permittee to construct, install, maintain, locate, move, operate, place, protect, reconstruct, reinstall, relocate, remove, and replace the Facilities underground or on existing poles, to the extent Permittee may gain access to these poles consistent with the rights of third parties under applicable Laws and all existing and future agreements, within the Public Right-of-Way for the purposes 4 2024/Encroachmeni Et 1croachment
of providing Telecommunications Services to Persons located within the limits of the City.

Any work performed pursuant to the rights granted to Permittee under this Agreement shall be subject to the prior review and approval of the Directors.

6. Subject to the approval of City's Director of Public Works, the construction, installation, operation, maintenance and removal of said Telecommunications Network Facilities shall be accomplished without any cost or expense to City and in such a manner as not to endanger persons or property, or unreasonably obstruct travel on any road, walk or other access thereon within said Public Right-of-Way, or interfere in or conflict with any manner with any existing or proposed public or private utilities or any facilities of City installed or to be installed therein.

COMPLIANCE WITH STANDARDS

7. Permittee agrees to keep said Telecommunications Network Facilities in good and safe condition and free from any nuisance, to the reasonable satisfaction of City's Director of Public Works.

8. Permittee shall construct, install, operate, and maintain all Telecommunications Network Facilities in accordance and in conformity with all applicable City, state, federal and regulatory agency laws, ordinances, rules, and regulations.

SERVICE CHANGE

9. Permittee provides Telecommunications Services in California pursuant to all laws, including federal law, state law its Certificates of Public Convenience and Necessity received from the California Public Utilities Commission, and regulations and rules promulgated by the California Public Utilities Commission. Permittee represents that the Facilities will be used for the sole purpose of rendering Telecommunication Services consistent with the Certificate of Public Convenience and Necessity issued to Permittee by the PUC and other Telecommunications Services not regulated by the PUC.

The type of service Permittee offers to its customers through the Telecommunications Network Facilities in Public Right-of-Way consists of business and residential Telecommunications Services which are presently permitted by law as well as provision of Telecommunications Services to cell sites. If the nature or character of Permittee's service changes to include additional or alternative services that directly affects the regulatory authority of City, including but not limited to, community antenna television systems or cable service (as such term is defined in 47 U.S.C. § 522), Permittee shall give C at least six (6) months written notice, and comply with the City's lawful fee and/or franchise requirements, if any. Notwithstanding the foregoing, Permittee may lease any or all of the capacity and/or bandwidth carried by its Facilities constructed hereunder, to an affiliate or third party organization so long as the Permittee continues to maintain and own said facilities and Permittee remains fully bound by this Agreement and the obligations hereunder, and no access rights are granted or provided to said affiliate or third party organization within the City unless such affiliate or third party has obtained permission from the City to access such Facilities as required by applicable law. 5 2024/Encroachment Encroachrnen/ 020824
Permittee acknowledges that any expansion or change in the character or nature of the regulated Telecommunications Services may increase City's regulatory authority over such services, and this may require Permittee to enter into a new Agreement consistent with the requirements of a hereinafter-enacted City ordinance regulating such services or the expansion or change in services, if such service changes fall under the lawful regulation, jurisdiction or authority of City.

NO FRANCHISE RIGHTS CREATED

10. Nothing in this Agreement shall be construed as granting or creating any franchise rights.

RESERVATION OF RIGHTS

11. The City is uncertain as to its legal ability to regulate and to impose taxes, charges and fees on the provision or use of fiber optics infrastructure and technology and related activities and services that may be provided pursuant to the installation subject to this Agreement. Therefore, City reserves any and all rights it may have now or in the future to legally regulate, impose taxes, charges and fees or otherwise condition the use of the fiber optics infrastructure and technology and related activities and services to be provided pursuant to the installation subject to this Agreement.

City's agreement hereto is not a waiver of and is without prejudice to any right City may have under law to regulate, tax, or impose fees or charges on Permittee or any right Permittee may have under the law to provide services through the fiber optic infrastructure pursuant to state or federal laws, rules, or regulations. Permittee shall be subject to any future taxes, fees, or charges that the City lawfully imposes on the fiber optics infrastructure and fiber optic services in the future, including, but not limited to a rental or other charge for use of the public right of way and/or a utility user tax. Nothing herein shall affect in any way City's power or right to impose or collect any tax or fee on users or providers of the services to be provided by Permittee. Nothing herein is intended to impose regulations or conditions on Permittee that City is preempted from imposing by state or federal laws.

REMOVAL AND RELOCATION

12. Permittee shall remove or relocate, without cost or expense to City, any of its Telecommunications Network Facilities installed, used, and maintained under this Agreement if and when made necessary by any change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance or operation of any underground or aboveground facilities by City. In the event all or any portion of said Public Right-of-Way occupied by said Telecommunications Network Facilities shall be needed by City, or in the event the existence of said Telecommunications Network Facilities shall be considered detrimental to governmental activities, including but not limited to, interference with City construction projects, or is in conflict vertically and/or horizontally with any proposed City installation, Permittee shall remove and relocate said Telecommunications Network Facilities to such other location 6 Encroachment 020824
or locations on said Public Right-of-Way as may be designated by City. Said removal or relocation shall be completed within one hundred twenty (120) days of notification by City unless exigencies dictate a shorter period for removal or relocation. In the event said Telecommunications Network Facilities are not removed or relocated within said period of time, and provided Permittee has not been subject to a force majeure or other event beyond its control that delays or prohibits the removal, City may cause the same to be done at the expense of Permittee and Permittee shall reimburse the City any and all expenses, including administrative overhead. In the event of a force majeure or other event delaying or prohibiting the removal within the required 120 days, Permittee shall remove the Facilities as soon as possible, given the circumstances caused by the event, and in the event Permittee fails to effect such removal it shall be subject to the City causing the same to be done at the Permittee's expense as set forth above. If Permittee shall fail to vacate or otherwise remove the Facilities as required by City, City shall be entitled to vacate or otherwise remove the Facilities at Permittee's sole cost and expense.

City shall not be required to salvage, store, or return to Permittee any Facilities, or parts thereof, that it vacates or otherwise removes pursuant to this paragraph. As used in this paragraph only "City" shall include any Agency having a permit or jurisdiction to place Facilities within the Public Right-of-Way. In case of conflict, approval from Clity to proceed shall be mandatory.

13. Should City intend to authorize or permit installations of a third party (not including any City-owned installations) to Public Right-of-Way jointly used under this Agreement and should the proposed installation of such third party require the rearrangement of any Permittee Telecommunications Network Facilities, City shall condition third party installations to provide such third party pay the reasonable cost of rearranging the Telecommunications Network Facilities before authorizing or permitting the third party installations. Such third party shall be required to ensure that Permittee Telecommunications Facilities are not interrupted during the installation of their Facilities.

14. Permittee shall, at its sole cost and expense, replace aerial and/or aboveground Telecommunications Network Facilities, if any, with underground facilities in accordance with the same rules promulgated by the California Public Utilities Commission that are applicable to AT&T, San Diego Gas and Electric Company, cable service providers, and other telecommunications or dark fiber providers as now existing or hereinafter amended.

15. If any portions of the Telecommunications Network Facilities covered under this Agreement are no longer used by Permittee, or are abandoned for a continuous period in excess of six (6) months, Permittee shall notify City and shall either promptly vacate and remove the Facilities at its own expense or, at City's discretion, may be allowed to abandon some or all of the Facilities in place. If Permittee is permitted by City to abandon its Facilities in place, any such abandoned Facilities shall be deemed conveyed to City and Permittee shall have no further obligation to remove, relocate or maintain said Facilities; provided, however, that nothing herein shall affect Permittee's obligation to perform any repairs required under Sections 7 and 8 of this Agreement.

Unless specifically permitted in writing by City to remain in place, which permission shall be at the City's sole and unrestricted discretion, all boxes or other Facilities exposed to 7 2024/Encroac/Jmenl 020821
the surface will be required to be removed and the surface restored. The Permittee agrees that the "deemed conveyed" provisions of this Section 15 are part of the good and valuable consideration given to the City by the Permittee in this Agreement.

16. When removal or relocation is required under this Agreement, Permittee shall, after the removal or relocation of the Telecommunications Network Facilities, at its own cost, repair and return the Public Right-of-Way on which the Facilities were located to a safe and satisfactory condition in accordance with the construction-related conditions and specifications as established by City according to its standard practice. Should Permittee remove the Telecommunications Network Facilities from the Public Right-of Way, Permittee shall, not less than ten (10) days before such removal, give notice thereof to City specifying the right-of-way affected and the location thereof, as well as the preferred date of removal. Before proceeding with removal or relocation work, Permittee shall obtain an Encroachment Permit from the City. If Permittee does not return the affected site to a safe and satisfactory condition, then City shall have the option to perform or cause to be performed such reasonable and necessary work on behalf of Permittee and charge the actual costs incurred to Permittee. Upon the receipt of a demand for payment by City, Permittee shall reimburse City for such costs.

ENCROACHMENT PERMIT AND FEES

17. Permittee shall apply for a project specific Encroachment Permit for all work within the Public Right-of-Way and any other regulatory permits. Permittee shall furnish detailed plans of the work prepared by a registered professional engineer licensed in the State of California and other such information as required by the Director of Public Works, including a detailed map showing the layout of the proposed Facilities and all existing facilities located in or immediately adjacent to the area subject to the Encroachment Permit. Prior to issuance of the permit, Permittee shall pay or deposit with City all applicable costs such as processing fees, field marking, plan review, engineering and inspection fees related to the proposed work, and City's actual legal fees in accordance with the rates in effect at the time. All work within the Public Right-of-Way shall be performed by Permittee in accordance with the plans and specifications approved by the City Engineer, and in compliance with all general and specific conditions set forth in the Encroachment Permit and all conditions and requirements contained in this Agreement.

18. The Encroachment Permit shall set forth the description of the Telecommunications Network Facilities to be installed and the Public Right-of-Way in which such Facilities are to be located. In addition to the City's street opening permit general conditions, City shall establish reasonable construction-related conditions and specifications, and these shall also be set forth in the Encroachment Permit. Permittee shall utilize contractors licensed in the State of California to accomplish any work.

Permittee and any of its agents working in the City shall obtain a current City business license. Upon the completion of construction work, Permittee promptly shall furnish to City accurate "as-built" plans and record drawings prepared and certified by a registered professional engineer licensed in the State of California showing in detail, to the reasonable satisfaction of the Director of Public Works, the exact location, depth, and size of the Facilities in the Public Right-of-Way, including, without limitation, the profiles of all 8 2024/Encroachment Encroachment 020824
street crossings. These plans and drawings shall be incorporated in one (1) set of 11x17 PDF good quality drawings. Permittee shall furnish to City electronic disk or thumb drive which utilize AutoCAD or Geographic Data Systems software containing the full set of plans and record drawings. To the extent directional boring or other similar methods are used to construct or install the Facilities, Permittee also shall pothole all City mains and customer services lines prior to crossing over, under, or between such Underground Facilities. Permittee shall identify the Telecommunications Network Facilities installed in each Public Right-of-Way by means of an identification method mutually agreed upon by City and Permittee, but consistent with applicable law. Such identification shall be detectable from ground level without opening the street.

PERFORMANCE BOND

19. Prior to the issuance of an Encroachment Permit, Permittee shall provide City with a performance bond naming City as obligee in the amount equal to one hundred percent ( 100%) of the cost of the work to be performed by or on behalf of Permittee within and affecting the Public Right-of-Way to guarantee and assure the faithful performance of Permittee's obligations under this Agreement. The performance bond shall be governed under the laws of the State of California and shall be issued by a surety registered and qualified to do business in California. City shall have the right to draw against the surety bond in the event of a default by Permittee or in the event that Permittee fails to meet and fully perform any of its obligations under this Agreement; provided that Permittee is first given thirty (30) days written notice of any intent to draw against the bond and an opportunity to cure. Following completion of the work by Permittee, and its inspection and acceptance by the Public Works Director, the performance bond shall remain in effect to the extent of ten percent (10%) of the cost of the work to guarantee and assure the faithful performance of Permittee's obligations under this Agreement for a period of one (1) year from the City's acceptance of the work. City shall have the right to draw against the bond in the event of a default by Permittee or in the event that Permittee fails to meet and fully perform any of its obligations. The form and content of the performance bond, and the surety issuing such bond, shall be subject to approval by City.

DAMAGE TO FACILITIES IN PUBLIC RIGHT-OF-WAY

OR ON PRIVATE PROPERTY

20. Permittee shall be responsible for any damage to City street pavements, existing utilities, curbs, gutters, sidewalks or to any private property or improvements to the extent attributable to its installation, maintenance, repair or removal of its Telecommunications Network Facilities in Public Right-of-Way and shall repair, replace and restore in kind any such damaged facilities at its sole expense and to the approval of City.

Any premature deterioration of the surface or subsurface improvements, as determined by City, shall be the responsibility of Permittee to the extent attributable to Permittee's activities. This responsibility shall survive this Agreement or any abandonment of the Facilities for a period of two (2) years from the date of Permittee's most recent installation of or improvements on the Facilities. Permittee shall commence 9 2024/Encroachn1ent Encroachn 1e11t 020824
the performance of all necessary repairs immediately upon receipt of written notice from the City to do so and shall cause the same to be completed within a reasonable period of time; however, under no circumstances may such period of time exceed thirty (30) days.

In the event the repairs are not made in the manner and within the time prescribed herein, the City may elect to perform the repair work and charge all costs incurred by City in connection therewith to Permittee.

21. If the Public Right-of-Way to be used by Permittee has preexisting installation(s), Permittee shall assume the responsibility to verify the location of the preexisting installation and notify City and any third party of Permittee's proposed installation. The cost of any work required of such third party or City to provide adequate space or required clearance to accommodate Permittee's installation shall be borne solely by Permittee.

PARTICIPATION WITH OTHER UTILITIES

22. Permittee agrees to cooperate in the planning, locating and constructing of its Telecommunications Network Facilities in joint utility trenches or common duct banks with other similar utilities and to participate in cost-sharing for the joint trench and ducts, when such joint utility installations are being planned for or such opportunities exist in any area; provided that such activities do not impair or disrupt Telecommunications Services of Permittee.

RECORDS AND FIELD LOCATIONS

23. Permittee shall be a member of the regional notification center for subsurface installations (Underground Services Alert) and shall field mark, at its sole expense, the locations of its underground Telecommunications Network Facilities upon notification in accordance with the requirements of section 4216 of the California Government Code, as it now reads or may hereinafter be amended.

24. Permittee shall maintain accurate maps and improvement plans of said Telecommunications Network Facilities located within the City. The maps and plans are to accurately show in detail the location, size, depth, and description of all facilities as constructed. Prior to City acceptance of the work, Permittee shall deliver to the office of the Public Works Department free of charge, and at any subsequent time, upon reasonable request, to other third parties interested in performing work within Public Right-of-Way for a reasonable charge upon request and within thirty (30) days after such request, such maps and plans of all Telecommunications Network Facilities installed within said Public Right-of-Way. When required by the City for the purpose of confirming the location of Facilities to accomplish the design or construction of public facilities, Permittee shall, at its sole cost and expense, expose by potholing to a depth of one (1) foot below the bottom of its subsurface Telecommunications Network Facilities, within thirty (30) days of receipt of a written request from City to do so. 10 2024/Enr:roachment Encroachment

LOCATOR WIRE

25. Permittee shall install a locator wire in conjunction with its construction of the Telecommunications Network Facilities pursuant to this Agreement.

HOLD HARMLESS AND INDEMNIFICATION

26. Permittee, for itself, its successors, agents, contractors and employees, hereby agrees to hold harmless, defend (with counsel reasonably satisfactory to City) and indemnify City, and its elected and appointed officers, officials, volunteers, employees and agents (all of the above hereinafter collectively, known as "lndemnitees"), from and against all claims, cause of actions, proceedings, losses, damages, liability, cost, and expense (including, without limit, any fines, penalties, judgments, litigation costs, attorney's fees and consulting, engineering and construction costs) for actual loss of or damage to property and for injuries to or death of any person (including, but not limited to, the property and employees of each party) ("Liability") when caused by, arising out of or related to the activities or Facilities described in this Agreement. The duty of Permittee to indemnify and save harmless includes the duties to defend as set forth in section 2778 of the Civil Code. It is the express intent of the parties that Permittee will indemnify and hold harmless lndemnitees from any and all claims, suits or actions arising from any cause whatsoever as set forth above regardless of the existence or degree of fault or negligence on the part of City, Permittee or any subcontractor or employee of any of these, except to the extent the Liability was the result of the negligence, willful misconduct or criminal acts of the CITY, its directors, officers, officials, employees and agents.

Should any discharge, leakage, spillage, emission, or pollution of any type occur upon or from the Public Right-of-Way attributable to Permittee's use or occupancy, Permittee at its expense, shall clean all affected property to the reasonable satisfaction of City and any governmental body having jurisdiction. Removal and disposal of all excavation materials, hazardous, toxic, or not, shall be the sole responsibility of Permittee.

Permittee shall indemnify, hold harmless and defend lndemnitees (with counsel reasonably satisfactory to City) against all claims, courts or administrative proceedings seeking to impose liability on City as a result of Permittee's breach of this section or as a result of any such discharge, leakage, spillage, emission or pollution, regardless of whether such Liability, cost or expense arises during or after the term of this Agreement.

The obligations of Permittee under this Section 26 to indemnify and hold harmless shall survive termination of this Agreement.

27. Except to the extent of City's gross negligence, willful misconduct or criminal acts, under no circumstances shall the City be liable or otherwise responsible to Permittee or its customers for any loss of service, downtime, lost revenue or profits, third-party damages, or any other damage, loss or liability of any kind occurring by reason of anything done or omitted to be done by City or by any third party, including, without limitation, 11 2024/Encroachment Encroachment 020824
damages, losses, or liability arising from the issuance or approval by City of a permit to any third party or any interruption in Telecommunications Services.

INSURANCE

28. Any person, firm or corporation Permittee authorizes to work upon the Public Right-of-Way, shall be deemed to be Permittee's agent and shall be subject to all the applicable terms of this Agreement and the Encroachment Permit issued pursuant hereto. Prior to entry upon the Public Right-of-Way, Permittee shall provide City with satisfactory evidence that it is insured (e.g., in the form of a Certificate of Insurance), in accordance with the following, which insurance shall remain in effect throughout the term of this Agreement and shall be at the sole cost and expense of Permittee (or its agents).

Permittee's contractors and subcontractors shall provide a certificate of insurance evidencing substantially the same coverage as required by this Agreement. Prior to the start of the work or entry onto the Public Right-of-Way, Permittee agrees to procure and maintain, and to require its contractor(s) to procure and maintain, at its sole cost and expense (and to prove to City's reasonable satisfaction that it remains in effect throughout the work), the kinds of insurance described below:
a. Workers' Compensation and Employers' Liability Insurance.

Permittee shall secure Workers' Compensation coverage in accordance with the provisions of section 3700 of the California Labor Code (and any amendments thereto or successor acts or statutes) and Permittee shall furnish City with a certificate evidencing such coverage together with a verification thereon as follows:
"I am aware of the provisions of Section 3700 of the
California Labor Code which requires every employer
to be insured against a liability for workers'
compensation or to undertake self-insurance in
accordance with the provisions of that Code, and I will comply with such provisions before commencing the
performance of work under this Agreement."
The Permitttee shall also maintain Employer's Liability coverage with minimum limits of $2,000,000.

Whether Employer's Liability or Workers' Compensation applies, Permittee shall furnish the City with the Certificate(s) of Insurance required hereunder prior to the commencement of work. Permittee agrees to provide City thirty (30) days prior written notice prior to the policy policies referenced in the Certificate(s) being canceled or having their coverage reduced.
b. Commercial General Liability Insurance.

Permittee shall, at its own cost and expense, also procure and maintain Commercial General Liability insurance which shall include as additional 12 Encroachment
insureds the City, and its elected and appointed councilmembers, directors, officers, officials, employees and agents while acting in such capacity, and their successors or assignees, as they now, or as they may hereafter be constituted, singly, jointly or severally. Permittee shall give written notice to the City of any material alteration, or reduction in aggregate limits, if such limits apply, and provide at least thirty (30) days' notice of cancellation of the coverage or policy.

Insurance shall provide bodily injury and property damage coverage with a combined single limit of at least $2,000,000 each occurrence or claim and a general aggregate limit of at least $2,000,000. This insurance shall include but not be limited to premises and operations; contractual liability covering the indemnity provisions contained in this Agreement; personal injury; explosion, collapse, and underground coverage, products and completed operations, and broad form property damage.

Prior to commencing work or entering onto the Property, Permittee shall file an endorsement and Certificate(s) of Insurance with the City evidencing coverage, and upon request, provide a certified duplicate original of the policy at Permittee's local office in the City's jurisdiction or Permittee's nearest office to the City located within San Diego County. Each Certificate shall indicate that the insurance policy provides or has been endorsed to provide:
(1) That the policy is Primary Insurance and the insurance company providing such policy shall be liable thereunder for the full amount of any loss or claim which Permittee is liable for under this Section, up to and including the total limit of liability, without right of contribution from any other insurance effected or which may be effected by the City; and
(2) The policy shall also stipulate: Inclusion of the City as an additional insured shall not in any way affect its rights either as respects any claim, demand, suit, or judgment made, brought, or recovered against Permittee. Said policy shall protect Permittee and the City in the same manner as though a separate policy had been issued to each, but nothing in said policy shall operate to increase the insurance company's liability as set forth in its policy beyond the amount or amounts shown or to which the insurance company would have been liable if only one interest had been named as an insured.

C. Automobile Liability Insurance.

Permittee shall, at its own cost and expense, procure and maintain Automobile Liability insurance providing bodily injury and property damage with a combined single limit of at least $2,000,000 per occurrence for all owned, non-owned and hired automobiles. This insurance shall provide contractual liability covering all motor vehicles and mobile equipment to the extent coverage may be excluded from general liability insurance. Such insurance shall include as an additional insured the City, and its elected and appointed officers, officials, employees, and agents while acting in such capacity, and their successors or assignees, as they now or as they may hereafter be constituted, singly, jointly, or severally.
13 2024/Encroachment Encroachment
d. Property Insurance.

Permittee shall, at its own cost and expense, procure and maintain property insurance to protect its interest in the equipment to be used in performance of this Agreement and the City's interest in materials or property to be installed, covering all risks of physical loss or damage to such equipment. The coverage under such policy shall have limits of liability adequate to protect the value of the equipment and property to be installed. If desired, Permittee may choose to self-insure this exposure, but in no instance shall the City be responsible for such loss or damage, unless caused by its sole active negligence.

All insurance specified above shall remain in force until all work to be performed is satisfactorily completed, all of Permittee's personnel and equipment have been removed from the Public Right-of-Way, and the work has been formally accepted by the City. The failure to procure or maintain required insurance and/or an adequately funded self-insurance program will constitute a material breach of this Agreement.

If any insurance specified above shall be provided on a claims-made basis, then in addition to coverage requirements above, such policy(ies) shall provide that:
(1) Policy retroactive date coincides with or precedes
Permittee's start of work (including subsequent policies purchased as renewals or replacements).
(2) Permittee will make every effort to maintain similar insurance during the term of the Agreement following project completion, including the requirement of adding all additional insureds.
(3) If insurance is terminated for any reason, Permittee agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. (4) Policy allows for reporting of circumstances or
incidents that might give rise to future claims.

In addition to the requirements described above, Permittee shall comply with any additional coverages required by federal, state, or local laws, rules, and regulations. Permittee and/or its contractors shall obtain all permits, and other forms or documentation which are required and forward them to the City with the required evidence of insurance.

All policies will be issued by insurers acceptable to the City as set forth in Section 29 below. Upon evidence of financial capacity satisfactory to City, Permittee's obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance.
14 2024/Encroachment Agreements/Zaya Group Encmac/Jment Agmt 020824

29. Insurance Companies: Insurance companies must be admitted in California, be in good standing with the California Department of Insurance and have an A.M. Best's rating of at least A:VI (or equivalent).

30. Deductible and Self-Insured Retentions and Proof of Insurance: Prior to the commencement of work under this Agreement, any deductibles or self-insured retentions must be stated on Certificate(s) of Insurance, and the Certificate(s) of Insurance must be sent to and approved by City.

NOTIFICATIONS

31. Permittee shall, prior to the issuance of an Encroachment Permit or consistent with other provisions of the Encroachment Permit, certify to City that it has provided or will provide written notification of its intent to perform work to the property owners, residents and business operators of all properties adjacent to streets and/or right(s)-of-way where Permittee will be excavating. Unless otherwise agreed by City, said notice, shall be mailed to the property owner as listed on the most recent assessor's tax roll at least seven (7) days prior to the issuance of an Encroachment Permit, and delivered to the residents and business operators, or Permittee may utilize door hangers to provide written notification.

ASSIGNMENT

32. This Agreement shall not be assignable by Permittee without the explicit written approval of City, which approval shall not be unreasonably withheld, provided, however, that Permittee may assign the rights granted herein to a parent, successor, subsidiary, or affiliate of Permittee now or hereinafter existing, by only providing notice to City of such assignment. However, this Agreement shall be binding on successors and assigns and shall be disclosed to assignee. Assignee shall unconditionally acknowledge Agreement in writing within ninety (90) days of assignment or it terminates without further action.

ENTIRE AGREEMENT

33. This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreement, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein. This Agreement may not be amended except pursuant to a written instrument signed by all parties.

SEVERABILITY

34. If any one or more of the covenants or agreements or portions thereof provided in this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable or unenforceable, such covenant or covenants, such agreement or agreements, or such portions thereof shall be null and void and shall be deemed separable from the remaining covenants or agreements or portions thereof and 15 2024/Encroachment Encroachment 020824
shall in no way affect the validity or enforceability of the remaining portions of this Agreement, and the parties shall negotiate in good faith to replace any such covenant, agreement or portion found to be null and void.

THIRD-PARTY MODIFICATIONS

35. This Agreement shall be subject to such changes or modifications as may be required or authorized by any regulatory body or commission in the exercise of its lawful jurisdiction and any modification, revision, renewal, or extension of this Agreement shall so state.

TERMINATION

36. This Agreement may be terminated by City for failure, neglect or refusal by Permittee to fully and promptly comply with any and all of the covenants and conditions of this Agreement, or for nonuse of the Facilities, upon thirty (30) days written notice, unless Permittee confirms within thirty (30) days of receipt of the notice that the cited covenant or condition has been performed or has ceased, been corrected or, subject to City's agreement, is diligently being pursued by Permittee.

37. This Agreement may be terminated by City upon thirty (30) days written notice to Permittee if City determines that the provisions herein interfere with the use or disposal of said Public Right-of-Way or any part thereof by City. Where only a portion of Permittee's Telecommunications Network Facilities interferes with the use or disposal of said Public Right-of-Way, City, at its sole discretion, may elect to require Permittee to relocate the said portion in accordance with this Agreement.

38. Upon termination of this Agreement, and upon written request by City, Permittee, at its own cost and expense, agrees to remove or, at City's discretion, abandon in place some or all of its Telecommunications Network Facilities from the Public Right of-Way and restore the Public Right-of-Way as set forth in the Removal and Relocation provisions of this Agreement. Should Permittee in such event fail, neglect or refuse to make such removals or restoration within ninety (90) days of City's written request, at the sole option of City, such removal and restoration may be performed by City at the expense of Permittee, which expense Permittee agrees to pay to City upon demand.

NOTICE

39. Permittee's Network Operations Control Center shall be available to City staff 24 hours a day, 7 days a week, regarding problems or complaints resulting from the facilities installed pursuant to this Agreement and may be contacted by telephone at:
1-888-404-9296
regarding such problems or complaints.

Permittee shall designate a person in California who is authorized to accept service of process on behalf of Permittee as follows:
16 2024/Encroachment Group Encroachment 020824
Corporation Service Company (and its employees/agents)
2710 Gateway Oaks Drive
Sacramento, CA 95833

40. All notices given or which may be given pursuant to this Agreement shall be in writing and transmitted by United States mail, or by private delivery systems, or by facsimile if followed by United States mail, or by private delivery systems as follows:

To City at:

To Permittee at:

With a Copy to:

City of El Cajon
Attn: Yazmin Arellano, Director of Public Works
200 Civic Center Way, 4th Floor
El Cajon, CA 92020
Fax: (619) 441-5254
Phone: (619) 441-1653
Email: [email protected]
Zayo Group, LLC
Attn: Underlying Rights/Legal
1401 Wynkoop Street, Suite 500
Denver, CO 80202
Email: leqal@zayo .com
Zayo Group, LLC
Attn: Underlying Rights/Legal
1821 30th Street, Unit A
Boulder, CO 80301
Email: [email protected]
New Invoice Submissions : zayoap@zayo .com
AP-related Inquiries on past-dues: askap@zayo .com

41. Either Party to this Agreement may designate a different recipient(s) for notices and/or update contact information listed herein by giving at least thirty (30) days' notice of the change to the other Party.

ATTORNEY'S FEES AND LITIGATION

42. In the event of litigation between the Parties hereto, the prevailing party shall be entitled to reasonable attorney's fees and costs.

43. All actions involving this Agreement shall be brought and pursued in the Superior Court of California in and for the County of San Diego or the United States District Court serving the County of San Diego. Each party hereto agrees to stipulate and execute such documents as may be necessary to carry out the provisions of this Section. 17 2024/Encroach ment Agreements/Zaya Group Encroachment Agmt 020824 Permittee hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. [Remainder of page intentionally left blank]
18 2024/EncroAchmenl l\or,),--;n11::nts!Zayo CJ'/oup Encmachrnenl Ag,m 020824 IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written.

CITY
City of El Cajon,
a California charter city
and municipal corporation
By: __________ _
Title: Graham Mitchell, City Manager
ATTEST:

Angela L. Cortez, CMC, City Clerk
APPROVED AS TO FORM:

Morgan L. Foley, City Attorney

PERMITTEE
Zayo Group, LLC,
a Delaware limited liability company
19 2024/Encroachment Agreements/Zaya Group Encroachment Agmt 020824 City Council
Agenda Report
Agenda Item 12.

DATE: May 28, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Mara Romano, Purchasing Agent
SUBJECT: Award of RFP No. 014-25 – Professional Auditing Services RECOMMENDATION:

That the City Council adopts the next Resolution, in order, to enter into an agreement with Rogers, Anderson, Malody & Scott, LLP. (RAMS), in an amount not to exceed $208,805 for the initial three-year term, with up to two additional one-year terms.

BACKGROUND:

On April 3, 2024, the City of El Cajon issued a Request for Proposals (RFP) for Professional Auditing Services. The service encompasses auditing financial statements for the fiscal years 2024-2026 for the City (acting for itself) and on behalf of the Successor Agency, Heartland Communications Facility Authority, and Heartland Fire Training Authority for a three-year term with an opportunity for the City to renew the contract for up to two optional terms, each not to exceed one year in length.

One proposal was received before 5:00 p.m. on May 7, 2024, and was independently reviewed by a three-person evaluation committee. The committee based its assessment on the evaluation criteria specified in the RFP: qualifications and experience; partner, supervisory, staff qualifications and experience; audit approach; and cost. After thorough evaluation of the response, the City determined the proposal received from RAMS best met the City’s requirements.

If approved by City Council, the City Manager would have the authority to execute the agreement and subsequent renewals. The attached memorandum details the evaluation process.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed Professional Auditing Services agreement is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines section 15378(b)(5).

Auditing services is an administrative activity of government that will not result in direct or indirect physical changes in the environment.
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FISCAL IMPACT:

The fiscal impact for the initial three-year term is $208,805. Sufficient funds are available for this service in Fiscal Year 2023-24 Annual Budget FIN- Accounting & Auditing Svc (101140); PS Fac-Accounting-Auditing Svc (502500); SA Othr-Acctg & Auditing Svc (702802); HFTA GF-Acctg & Auditing Svc (720900); and HCFA GF-Acctg & Auditing Svc (750950). Subsequent 2-year costs are estimated to total $146,960. Funds for the renewal terms will be in accordance with the approved budget for each fiscal year.

Prepared By: Mara Romano, Purchasing Agent
Reviewed By: Clay Schoen, Director of Finance
Approved By: Graham Mitchell, City Manager
Attachments
Resolution
Memorandum - 014-25

Page 1 of 2 ends

RESOLUTION NO. ___-24

RESOLUTION AWARDING REQUEST FOR PROPOSALS NO. 014-25

FOR PROFESSIONAL AUDITING SERVICES

WHEREAS, on April 3, 2024, the City of El Cajon (the "City") issued a Request for Proposals (the "RFP") for Professional Auditing Services (the "Project") to include auditing of financial statements for the fiscal years 2024-2026 for the City (acting for itself), and on behalf of the Successor Agency, Heartland Communications Facility Authority, and Heartland Fire Training Authority for a th ree-year term with an option to renew the contract for up to two (2) additional one-year terms; and

WHEREAS, one (1) proposal was received before 5:00 p.m. on May 7, 2024, and was independently reviewed by a three- person evaluation committee, which bas ed its assessment on the evaluation criteria specified in the RFP, including qualifications and experience; partner, supervisory, staff qualifications and experience; audit approach; and cost; and

WHEREAS, after a thorough evaluation of the sole response received from Rogers, Anderson, Malody & Scott, LLP ("RAMS"), City staff determined RAMS best met the City’s requirements; and

WHEREAS, the fiscal impact for the initial three -year term is $208,805 ($68,265 for Year One (FY2024), $70,270 for Year Two (FY2024), and $70,270 for Year Three (FY2026)), and sufficient funds are available for in Fiscal Year 2023 -24 Annual Budget; and

WHEREAS, subsequent two-year costs are estimated to total $146,960 ($72,410 for Option Year One (FY2027) and $74,550 for Option Year Two (FY2028) ), and (if the City exercises one or both of the options) funds for the renewal terms will be in accordance with the approved budget for each fiscal year; and

WHEREAS, the Project is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines section 15378(b)(5), as auditing services are an administrative activity of government that will not result in direct or indirect physical changes in the environment; and

WHEREAS, the City Council believes it to be in the City's best interest to award the RFP to RAMS, in the amounts of $68,265 for Year One (FY2024), $70,270 for Year Two (FY2024), and $70,270 for Year Three (FY2026), for a total not -to-exceed amount of $208,805 for an initial t hree-year term , with an option to renew for up to two (2) additional one-year terms in the amounts of $72,410 for Option Year One (FY2027) and $74,550 for Option Year Two (FY2028), for a total not-to-exceed amount of $146,960.

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.

Page 2 of 2 ends

2. The City Council hereby finds that this Project is exempt from CEQA as auditing services are an administrative activity of government that will not result in direct or indirect physical changes in the environment.

3. The City Council hereby awards RFP No. 014- 25 to Rogers, Anderson, Malody & Scott, LLP in the amounts of $68,265 for Year One (FY2024), $70,270 for Year Two (FY2024), and $70,270 for Year Three (FY2026), for a total not -to-exceed amount of $208,805 for an initial three- year term , with an option to renew for up to two (2) additional one-year terms in the amounts of $72,410 for Option Year One (FY2027) and $74,550 for Option Year Two (FY2028), for a total not-to-exceed amount of $146,960.

4. The City Manager, or designee, and City Clerk are authorized and directed to execute an agreement for the Project on behalf of the City of El Cajon (the "Agreement"), with such changes, amendments, or extensions as maybe approved by the City Manager, or designee, and to take all actions and to execute all documents and/or attachments to the Agreement, and other documents necessary or appropriate to carry out the terms of the Agreement.

05/28/24 CC Agenda
Reso – RFP 014-25 – Professional Auditing Svcs – Awd (RAMS) 0522224 DATE:

TO:

FROM:

SUBJECT:

CITY OF EL CAJON

FINANCE DEPARTMENT

MEMORANDUM
May 20, 2024
Mara Romano, Purchasing Agent A
Luca Gonzales, Financial Operations Manager, and Chair of Selection % /J Committee I if
Selection Recommendation for RFP 014-25 - Professional Auditing Services
The selection committee has independently reviewed the proposal and completed proposal evaluation forms for the proposal received in response to RFP 014-25 for professional auditing services.

The weighted score for the firm is listed below:

Firm Name Total Wei hted Score
Ro ers, Anderson, Malod & Scott, LLP 97
The selection committee found the proposal by Rogers, Anderson, Malady & Scott, LLP (RAMS) to be responsive to the RFP, and deemed the firm to be highly qualified for the requested services . The firm specializes in governmental auditing, and has a long history of experience with other municipal agencies and special districts.

The requested contract amount is $208 ,805 for an initial three-year term with two one year options to extend totaling $146,960 for the optional two years. The amounts are budgeted in the Finance Department org (101140) and the other respective funding sources.

Attachments : Composite Score Spreadsheet
Completed Evaluation Forms
City Council
Agenda Report
Agenda Item 13.

DATE: May 28, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Anthony Shute, Director of Community Development
SUBJECT: San Diego State University Graduate Students Study of the City's Digital Permit Systems and Protocols
RECOMMENDATION:

That the City Council receives the report and provides feedback or direction to staff.

BACKGROUND:

On March 12, 2024, the City Council adopted the 2024 City Council Action Plan after holding its annual goal-setting workshop on January 23, 2024. Identified as an Economic Development Goal, the customer service experience for those developing or requiring permits is of significant importance, and the City Council expressed the desire to ensure El Cajon is the easiest place to develop. Utilizing an external approach, San Diego State University Public Administration graduate students conducted a Capstone (graduation requirement) project that studied the City’s digital permitting systems, application processes, and plan review protocols. At today's meeting, the graduate students will summarize and present the results of the study to the City Council. This format will allow for engagement with the students, staff, and the City Council.

Prepared By: Anthony Shute, Director of Community Development Reviewed By: Vince DiMaggio, Assistant City Manager
Approved By: Graham Mitchell, City Manager
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City Council
Agenda Report
Agenda Item 14.

DATE: May 28, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Mike Moulton, Chief of Police
SUBJECT: Speeding Enforcement Review and Review of Speed Hump Policy RECOMMENDATION:

That the City Council receives the report as an informational item and provides feedback to staff.

BACKGROUND:

The purpose of this agenda item is to provide an update on speeding enforcement efforts taken by the Police Department in 2023. The report also addresses policies to consider regarding speed humps.
2023 Enforcement Efforts
Speeding enforcement is a priority for the El Cajon Police Department. In 2023, the Traffic Division made significant efforts to address this issue. Below are some highlights of those efforts:

Increased our Motor Officer Unit from three (3) officers to four (4) officers, Traffic Division citations issued increased 154% from 2022 to 2023, Eight (8) speed display signs were obtained and placed around the City in strategic locations,
Two (2) portable radar speed trailers were placed throughout the City in heavy complaint locations,
Two (2) portable message signboards displaying traffic safety reminders were also placed throughout the City in heavy traffic areas for the most exposure, In a regional effort, approximately 20-25 motor officers from throughout the County of San Diego focused on enforcement in the City for an entire day in 2023, Twenty-seven (27) separate grant-funded overtime details focusing specifically on traffic-related issues were conducted in the City during 2023, and Traffic collisions in 2023 were down 9% as a result of these focused efforts.

The following speed reduction goals have been identified for 2024:

Increase visibility and presence of marked units, specifically the Motor Units, Collaborate with City Engineering for continued strategic placement of the eight (8) speed display signs,
Conduct speed surveys in heavy complaint locations to get accurate data regarding the problem,
Conduct maximum enforcement for a designated time frame in areas of heavy complaints, .!!!!_ Valley of Opportunity
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•
•
•
•
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Conduct maximum enforcement for a designated time frame in areas of heavy complaints, along with another speed survey after the enforcement period to determine if the efforts were effective,
Conduct grant-funded overtime details specifically addressing speed, and Collaborate with the regional motor officers to have additional days of maximum enforcement focused in the City.

Speed Hump Policy
The City periodically receives resident requests to install speed humps. Many look to speed humps as a solution for speeding in a neighborhood. However, there are several unintended downsides to this speed-reducing measure. In addition to their permanency and cost (approximately $3,000 to install, which includes material, design, and installation), there are other factors to consider such as:

Can slow emergency vehicles,
Can be disturbing for legally driving motorists,
Possible increase in noise and pollution due to braking, Damage to suspension and exhaust pipes and increased wear and tear of brake pads, and
Increases the cost for future street maintenance.

However, despite these challenges, speed humps are shown to reduce speeds by up to 10 miles per hour. The City's current policy (last modified in 2001) is included in the agenda report as an attachment. Staff analyzed this policy, along with the policies of several cities in San Diego County. Staff will share some of the insights gained from this cursory review to solicit feedback.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

This is an informational item being considered by the City Council. Therefore, it is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under section 15378(b)(5) of the State CEQA Guidelines. It is an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment.

Prepared By: Mike Moulton, Chief of Police & Graham Mitchell, City Manager Reviewed By: Vince DiMaggio, Assistant City Manager
Approved By: Graham Mitchell, City Manager
Attachments
El Cajon's Speed Hump Policy
•
• •
• • • •
•

CITY OF EL CAJON

TRAFFIC CALMING POLICY

INTRODUCTION
The City of El Cajon finds it desirable to improve the quality of life for its residents by better controlling the speed of traffic on its streets. There are several methods to accomplish this goal. The Traffic Calming Policy provides a consistent and logical process for evaluating and responding to requests for speed control.

EVALUATION PROCESS
The process of evaluating requests and implementing projects will follow these steps.

1. When requests are received, existing conditions will be reviewed, including information on speed, accident history, street design elements, including alignment and grades, street classification and character, presence of on-street parking, and any unique factors.

2. If significant speeding is found to be present, staff will develop alternative actions to reduce traffic speed. Options to be considered include but are not limited to:

Enforcement
deployment of radar trailer
intensified police enforcement
neighborhood speed watch program
Changes to Street Cross Section
narrowing lanes
edge stripping to reduce travel lane width
restoring on-street parking
narrowing intersection widths by extending the sidewalk into the parking lane area (corner chokers)
median or curb side landscaping
Note: If changes to the cross section result in the loss of parking or impact the residents in some potentially negative manner, then the proposed device must be approved by the same majority of the streets' residents as speed humps (67%).

Changes in Horizontal Alignment
adding curves to straight sections through striping or other means (i.e. chicanes) and/or moving traffic from a straight line of travel roundabouts
Note: If Chicanes, chokers or other devices result in the loss of parking or impact the residents in some potentially negative manner, then the proposed device must be approved by the same majority of the streets' residents as speed humps (67%).

Changes in Vertical Alignment
speed humps
Note: Speed humps will be evaluated per the procedure in Exhibit A raised intersections
Other Methods
improved or enhanced signing, possibly including stop signs or other devices.

3. Monitor the effectiveness of the actions taken. (usually after six months and/or twelve months).

EXHIBIT A

SPEED HUMP EVALUATION PROCEDURE
STEPS

1. Candidate locations for speed humps will be evaluated for each of the 10 characteristics listed below and a
rating will be assigned for each one.

2. An overall rating of A, B, or C will be assigned to each candidate location.

3. Speed humps will be considered suitable for locations assigned to category "A"; those in category "B" may
be determined suitable after a detailed analyses.

Locations in category "C" will not be considered for
installation.

4. a. If speed humps are suitable, then a favorable
petition of 2/3 of the residents, along the affected
street is required. This petition will include any side street residents who would also be required to travel
over the humps.
b. When in the opinion of staff or the Commission, it is felt that the installation of these devices may
negatively impact other nearby residential streets, a
notification/opinion letter will also be sent to those
residents regarding the request for installation of these devices.

5. Once approved, speed humps are installed as
funding, staffing, equipment, and material resources
allow.
2 CANDIDATE LOCATION RATINGS
"A" - All of the evaluation characteristics must be in this category. Location is ideal for speed humps.
"B" - Location should be considered for speed humps only after thorough study and evaluation, and/or after alternative speed reductions strategies have been exhausted.
"C" - One or more C's. Location is not suitable for speed humps.

CHARACTERISTICS

1. Street Alignment
A. Minimal horizontal and vertical curvature.

B. Rolling/curvilinear alignment.

C. Rugged alignment.

2. Average Daily Traffic Volume
A. Less than 3500.

B. Between 3500 and 7500.

C. Greater than 7500.

3. Potential for Traffic Diversion
A. No diversion expected, or diversion only to
streets of higher classification.

B. Some diversion expected to streets of equal
classification, or equal ability to carry traffic (as
determined by street width, alignment, etc.)
C. Substantial diversion expected to streets of
lower classification or lesser ability to carry
traffic (as determined by street width,
alignment, etc.)

4. Emergency Route of Response
A. Not on a major route of response.

B. Not on a major route of response, but there are
other fire/police concerns.

C. On a major route of response.
3 5. Grade
A. 5% or less.

B. Between 5% and 8%.

C. Greater than 8%.

6. Land Use
A. Residential (includes compatible uses such as
schools, parks, etc.)
B. Mostly residential, some commercial.

C. Non-residential.

7. San Diego Transit or San Diego County Transit
Bus Route
A. Not on a route.

B. On a route considered minor or a turnaround or
other non-critical portion of a major route.

C. On a major route.

8. Speed Limit
A. Prima facie or posted 25 miles per hour.

B. Posted 30 miles per hour.

C. Posted 35 miles per hour or more.

9. Street Classification
A. Local or unclassified residential street.

B. Two-lane collector (residential area).

C. More than two lanes or higher street
classification.

10. Street Width
A. 40 feet or less.

B. Between 40 and 52 feet.

C. Greater than 52 feet.

REVISED: JULY 24, 2001
4 City Council
Agenda Report
Agenda Item 15.

DATE: May 28, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Marisol Thorn, Director of Human Resources
SUBJECT: Compensation for Executive and Unrepresented Employees (A-29) and City Manager
RECOMMENDATION:

That the Mayor provides an oral report summarizing recommended changes in compensation for the City’s “local agency executives” and, following the report, that the City Council:

Approves the changes to City Council Policy A-29 described below and reflected in the attachment; and

1. Adopts the next Resolution, in order, to approve the amendment to the employment contract with the City Manager, and authorizing the Mayor to execute the amendments, substantially in the forms as presented.

2. BACKGROUND:

City Council Policy A-29 details the compensation for all employees not represented by any of the City's recognized bargaining groups. These employees include all department directors, confidential and other unrepresented management employees, and part-time/seasonal/ temporary (PST) employees. Although the City Manager is not in the A-29 group, the City Manager typically receives the same cost of living increase as the employees they supervise.

SB 1436, adopted in 2016, requires that the City Council provide an oral report with a summary of recommendations for a final action on the salaries or compensation of certain “local agency executives.” This oral report must be given by the Mayor during the open meeting in which the final action on compensation, salaries, and benefits is to be taken.

A “local agency executive” is defined as those employees of a local agency not subject to the Meyers-Milias-Brown Act and who is either (1) the chief executive officer, deputy or assistant chief executive officer, (2) the head of a department of a local agency, or (3) is employed under a contract with the local agency. For the City, the “local agency executives” subject to SB 1436 include: City Manager, City Attorney, Assistant City Manager, City Clerk, Director of Community Development, Director of Finance/City Treasurer, Director of Human Resources, Director of Information Technologies, Director of Parks and Recreation, Director of Public Works, Fire Chief, and Police Chief.

As recommended, all the employees in this group will receive a general salary increase of 3% effective June 22, 2024, the same increase in pay received by their respective municipal employees. Additionally, the Police Chief will no longer receive a non-PERSable stipend. .!!!!_ Valley of opportunity
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Also, staff recommends that certain classifications receive market adjustments to remain competitive in the job market.

Lastly, all employees in this group will receive an increase to the cafeteria benefit allotment, the same as employees they supervise, effective January 1, 2025.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

City Council approval of the proposed A-29 changes is exempt from the California Environmental Quality Act ("CEQA") in accordance with section 15378(b)(2) of the State CEQA Guidelines because they are personnel-related actions and therefore not a project.

FISCAL IMPACT:

Compensation changes are within settlement authority provided by the City Council and included in the FY 2024-25 budget.

Prepared By: Marisol Thorn, Director of Human Resources Reviewed By: Vince DiMaggio, Assistant City Manager
Approved By: Graham Mitchell, City Manager
Attachments
Resolution
City Council Policy A-29 Effective June 22, 2024
7th Amendment

Page 1 of 2 ends

RESOLUTION NO. ___-24

RESOLUTION APPROVING SEVENTH AMENDMENT TO

CITY MANAGER EMPLOYMENT AGREEMENT

WHEREAS, on April 24, 2018, the City of El Cajon (the "City") and the City Manager entered into that certain " City Manager Employment Agreement Between the City of El Cajon and Graham Mitchell " (the "Agreement"), which established the terms and conditions for employment as the City Manager for the City, and provides, among other things, benefits and compensation payable to the City Manager; and

WHEREAS, on January 14, 2020, the City Council approved the First Amendment to City Manager Employment Agreement (the "First Amendment") to more accurately describe the City Manager 's Base Salary as part of his Compensation and Required Employer Costs in paragraph (1)(a) of subsection (A) of Section 4 of the Agreement , effective January 1, 2020; and

WHEREAS, on June 23, 2020, the City Council approved the Second Amendment to City Manager Employment Agreement (the "Second Amendment") to increase benefits and compensation to the City Manager consistent with the Compensation Plan for Executive Employees effective the pay period of June 13, 2020 through June 26, 2020; and

WHEREAS, on June 22, 2021, the City Council approved the Third Amendment to City Manager Employment Agreement (the "Third Amendment") to increase benefits and compensation to the City Manager consistent with the Compensation Plan for Executive Employees effective the pay period of June 12, 2021 through June 25, 2021, and to extend the one-time benefit of moving expenses if the City Manager were to relocate his household within 15 miles of City Hall to April 24, 2026; and

WHEREAS, on May 10, 2022, the City Council approved the Fourth Amendment to City Manager Employment Agreement (the "Fourth Amendment") to more accurately describe the City Manager's Base Salary as part of his Compensation and Required Employer Costs in paragraph (1)(a) of subsection (A) of Section 4 of the Agreement, effective April 13, 2022; and

WHEREAS, on June 14, 2022, the City Council approved the Fifth Amendment to City Manager Employment Agreement (the "Fifth Amendment") to increase benefits and compensation to the City Manager consistent with the Compensation Plan for Executive Employees that became effective the pay period of June 11, 2022 through June 24, 2022; and

WHEREAS, on June 27, 2023, the City Council approved the Sixth Amendment to City Manager Employment Agreement (the "Sixth Amendment") to increase benefits and compensation to the City Manager consistent with the Compensation Plan for Executive Employees that becomes effective on the first paycheck in July 2023 , and to provide for an increase of $20,000 in employer -provided annual contribution to deferred compensation; and

Page 2 of 2 ends

WHEREAS, the parties now desire to enter into a Seventh Amendment to City Manager Employment Agreement (the " Seventh Amendment") to increase benefits and compensation to the City Manager consistent with the Compensation Plan for Executive Employees that becomes effective on the first paycheck in July 2024.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:

1. The City Council hereby approves the execution of the Seventh Amendment substantially in the form as presented to the City Council in this meeting, with such changes as may be approved by the City Council.

2. The Mayor and City Clerk are authorized and directed to execute said Seventh Amendment on behalf of the City of El Cajon.

05/28/24 CC Agenda
Reso – Approve 7th Amendment to CM Employment Agmt 051624

CITY OF EL CAJON

CITY COUNCIL POLICY

SUBJECT: Compensation Plan for Executive and Unrepresented Employees

POLICY
A-29

REFERENCE:

EFFECTIVE
June 22, 2024

PAGE

Page 1 of 16 ends

PURPOSE

To outline in one document the salary and benefits of employees who work in positions not represented by a recognized bargaining group.

A. SALARY – Effective pay period beginning on June 22, 2024.

The order of application of salary increases, outside of step increases and when applicable, will be market adjustment then cost of living adjustment.

EDUCATIONAL INCENTIVE PROGRAM:

1. Unrepresented Management, Information Technology Specialist, and Senior Accounting Technician are eligible for five percent (5.0%) additional compensation when possessing:

• Master’s degree directly related to the position with the City, but not required by the classification specification applicable to position; or • Current California registration certi ficate as a Professional Civil or Traffic Engineer which is directly related to the position, but not required by the classification specification applicable to the position; or
• Current California designation as a Certified Public Accountant , which is dir ectly related to the position, but not required by the classification specification applicable to the position.

2. Fire Division Chief is eligible for two and one half percent (2.5%) additional compensation when possessing an Associate’s degree in Fire Science or a related field, or five percent (5.0%) additional compensation when possessing a Bachelor’s degree in a related field.

3. Information Technology Specialist and Senior Accounting Technician are eligible to receive two and one half percent (2.5%) addit ional compensation when possessing a Bachelor’s degree directly related to the position with the City, but not required by the classification specification applicable to position. The incentive does not carry over to a classification that already requires a Bachelor’s degree, but will be used in determining the promotional rate to the new classification.

CITY OF EL CAJON

CITY COUNCIL POLICY

SUBJECT: Compensation Plan for Executive and Unrepresented Employees

POLICY
A-29

REFERENCE:

EFFECTIVE
June 22, 2024

PAGE

Page 2 of 16 ends

EXECUTIVE MANAGEMENT SALARIES TO BE PAID AT EQUIVALENT HOURLY PAY RATES:

CLASSIFICATION 1 2 3 4 5
Assistant City Manager
$110.8327

$116.3743

$122.1930

$128.3027

$134.7178

City Clerk
$67.1913

$70.5509

$74.0785

$77.7824

$81.6716

Director of Community Development
$92.6889

$97.3234

$102.1895

$107.2990

$112.6638

Director of Finance/City Treasurer
$89.179

$93.6379

$98.3198

$103.2359

$108.3976

Director of Engineering Services
$91.0800

$95.6340

$100.4156

$105.4364

$110.7084

Director of Human Resources
$89.1257

$93.5819

$98.2612

$103.1742

$108.3328

Director of Information Technology
$88.4703

$92.8936

$97.5384

$102.4154

$107.5361

Director of Parks and Recreation
$88.7329

$93.1695

$97.8281

$102.7194

$107.8554

Director of Public Works
$91.0800

$95.6340

$100.4156

$105.4364

$110.7084

Director of Public Works Operations
$86.2704

$90.5839

$95.1131

$ 99.8687

$104.8623

Fire Chief
$99.1627

$104.1208

$109.3269

$114.7932

$120.5329

Police Chief
$121.4200

$127.4910

$133.8656

$140.5588

$147.5867

UNREPRESENTED MANAGEMENT SALARIES TO BE PAID AT EQUIVALENT HOULY PAY RATES:

CLASSIFICATION 1 2 3 4 5
Administrative Analyst (City
Manager/Human Resources)
$36.5668

$38.3952

$40.3148

$42.3305

$44.4471

Assistant to the City Manager
$57.3623

$60.2306

$63.2421

$66.4042

$69.7244

Building Official
$67.6583

$71.0413

$74.5934

$78.3231

$82.2392

City Engineer/Deputy Director of
Engineering Services
$73.7750

$77.4638

$81.3369

$85.4038

$89.6740

Deputy City Clerk
$41.0160

$43.0669

$45.2203

$47.4812

$49.8554

Deputy Director of Community
Development
$76.8673

$80.7106

$84.7462

$88.9837

$93.4328

CITY OF EL CAJON

CITY COUNCIL POLICY

SUBJECT: Compensation Plan for Executive and Unrepresented Employees

POLICY
A-29

REFERENCE:

EFFECTIVE
June 22, 2024

PAGE

Page 3 of 16 ends

UNREPRESENTED MANAGEMENT SALARIES TO BE PAID AT EQUIVALENT HOULY PAY RATES:

CLASSIFICATION 1 2 3 4 5
Deputy Director of Parks and
Recreation
$68.2537

$71.6663

$75.2496

$79.0121

$82.9627

Deputy Director of Public Works
$72.6902

$76.3245

$80.1409

$84.1479

$88.3553

Deputy Director – Special Projects
(6 months limited assignment only)
$67.8541

$71.2467

$74.8091

$78.5496

$82.4769

Financial Operations Manager
$62.3960

$65.5157

$68.7914

$72.2311

$75.8426

Fire Division Chief
$75.4182

$79.1892

$83.1486

$87.3061

$91.6714

Human Resources Analyst
$43.0829

$45.2371

$47.4990

$49.8739

$52.3676

Human Resources Manager
$58.0365

$60.9383

$63.9852

$67.1845

$70.5437

Information Technology Analyst
$42.8941

$45.0387

$47.2908

$49.6554

$52.1380

Principal Fiscal Analyst
$51.9615

$54.5596

$57.2876

$60.1519

$63.1595

Management Analyst (City Manager/
Human Resources)
$41.5286

$43.6051

$45.7854

$48.0746

$50.4784

Marketing and Engagement
Manager
$62.3960

$65.5157

$68.7914

$72.2311

$75.8426

Network Administrator
$49.4933

$51.9678

$54.5663

$57.2947

$60.1594

Parks and Recreation Manager
$56.4177

$59.2386

$62.2006

$65.3104

$68.5762

Senior Human Resources Analyst
$54.7513

$57.4888

$60.3634

$63.3815

$66.5507

Senior Management Analyst (City
Manager/ Finance)
$49.5333

$52.0100

$54.6105

$57.3410

$60.2081

CITY OF EL CAJON

CITY COUNCIL POLICY

SUBJECT: Compensation Plan for Executive and Unrepresented Employees

POLICY
A-29

REFERENCE:

EFFECTIVE
June 22, 2024

PAGE

Page 4 of 16 ends

CONFIDENTIAL CLASSIFICATION HOULRY PAY RATES:

CLASSIFICATION 1 2 3 4 5
Confidential Secretary
(City Manager/Human Resources/Police Chief )
$28.2861

$29.7004

$31.1854

$32.7447

$34.3819

Executive Assistant to the City
Manager/City Attorney/Police Chief
$36.2334

$38.0451

$39.9473

$41.9447

$44.0420

Information Technology Specialist
$32.1550

$33.7627

$35.4510

$37.2234

$39.0845

Senior Accounting Technician $32.3146

$33.9304

$35.6269

$37.4083

$39.2785

UNREPRESENTED GENERAL CLASSIFICATION HOULY PAY RATES:

CLASSIFICATION 1 2 3 4 5
Police Recruit
$35.7977

$37.5876

$39.4669

$41.4403

$43.5124

PART-TIME / SEASONAL/ TEMPORARY (PST) CLASSIFICATIONS HOURLY RATES:

PST classifications do not receive any benefits described in this policy with the exception of the City contribution to the appropriate retirement plan in lieu of CalPERS/Social Security and sick leave benefits required by Labor Code §233. All PST step increases are 2.5% unless noted otherwise; step increases are not automatic and based on merit.

CLASSIFICATION 1 2 3 4 5
Administrative Intern
$19.0823

$19.5594

$20.0483

$20.5496

$21.0633

Public Safety Aide
$17.6111

$18.0515

$18.5027

$18.9653

$19.4394

Recreation Specialist I
$17.6111

$18.0515

$18.5027

$18.9653

$19.4394

Recreation Specialist II
$19.8925

$20.3898

$20.8996

$21.4220

$21.9576

Recreation Specialist III
$22.4830

$23.0451

$23.6212

$24.2117

$24.8170

Recreation Specialist IV
$25.4040

$26.0371

$26.6901

$27.3573

$28.0412

Recreation Specialist V
$28.7194

$29.4374

$30.1732

$30.9276

$31.7008

Weed Abatement Inspector
$29.2098

$29.9400

$30.6884

$31.4557

$32.2422

I I I I I I I

CITY OF EL CAJON

CITY COUNCIL POLICY

SUBJECT: Compensation Plan for Executive and Unrepresented Employees

POLICY
A-29

REFERENCE:

EFFECTIVE
June 22, 2024

PAGE

Page 5 of 16 ends

Retired Annuitants Only: The salary for a Retired Annuitant must be an hourly pay rate that falls within the regular salary schedule for th e position being filled . Per California Public Employee Retirement Law, a Retired Annuitant cannot receive any other compensati on or benefits in addition to the hourly pay rate. Without exception, a maximum of 960 hours may be worked within a fiscal year (July 1 to June 30). Nonpaid or volunteer hours cannot be used in order to exceed 960 hours in a fiscal year. A Retired Annuitant cannot accrue service credit or any additional retirement rights or benefits.

Retired Annuitant Hourly pay rate corresponding with position being filled

B. HEALTH AND WELFARE BENEFITS

1. Cafeteria Plan
The City’s cafeteria plan allotment is for enrollment in any of the City’s CalPERS’ health plans or other eligible benefit programs (e.g., dental, vision, etc.). The cost of the premium for the City’s health plan will be deducted from the employee's cafeteria plan allotment. If there is a difference, the employee will be responsible for the remainder of the premium amount to be paid through payroll deductions. Unused cafeteria plan allotment will be paid out as “cash in lieu”, up to a maximum of $1,150 per month (excludes Police Recruit). For Police Recruit the maximum “cash in lieu” is $287.50 per month. Cash in lieu payments are taxable income and not PERSable.

Any employee who is not enrolled in a City CalPERS health insurance plan, and does not provide proof of enrollment in another group health insur ance plan (e.g., coverage under a spouse’s employer plan) within 30 days from the beginning of the new plan year will not be eligible to receive cash in lieu.

All benefitted employees must enroll in an available City health program unless they opt out.

An employee may receive cash in lieu for opting out of the City’s health program if he/she:
(1) Provides proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out applies (“ tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year

CITY OF EL CAJON

CITY COUNCIL POLICY

SUBJECT: Compensation Plan for Executive and Unrepresented Employees

POLICY
A-29

REFERENCE:

EFFECTIVE
June 22, 2024

PAGE

Page 6 of 16 ends

to which the opt out arrangement applies (“opt out period”); and

(2) Signs an attestation that the employee and his/her tax family have or will have such minimal essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt out payment cannot be made and the City will not in fact make payment if the employer knows or has reason to know that the employee or tax family member doesn’t have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.

The City may modify health insurance benefits or cafeteria plan (including, as to both, but not limited to, plan benefits or structure, City or employee contributions and/or opt out amount or requirements) in order to avoid penalties or taxes under the ACA or other statutory scheme that may result from an interpretation of the ACA or other statutory scheme by the Internal Revenue Service or other federal agency (including, but not limited to, a revenue ruling, regulation or other guidance) or state agency, or a ruling by a court of competent jurisdiction.

From July 1, 2024 through December 31, 2024, the allotment for the cafeteria plan for all classifications, except Police Recruit, shall be $1,450 per month. For Police Recruit, the allotment for the cafeteria plan shall be $1,400. Effective January 1, 2025, the amount for all classifications, except Police Recruit, will increase to $1,550 per month. For Police Recruit, the amount will increase to $1,700 per month.

2. Medical Insurance

The City is continuing the CalPERS’ Health Benefits program that was adopted on January 1, 1986. From the total cafeteria plan allotment, the City will pay to CalPERS the statutorily required minimum employer contribution per month toward the cost of any CalPERS’ health plan that the employee chooses to enroll. The employee agrees to be liable for the difference between the total cost of the health plan chosen and the City’s contribution if he/she elects to obtain coverage under the CalPERS’ health program. This amount shall be included in the total amount of the City’s contribution to the employee’s Section 125 Cafeteria Plan.

Employees who elect not to be covered under the City’s medical insurance plan must have on file with the City a signed waiver of medical benefits. Employees will be provided an opportunity to enroll in the City’s medical insurance plan during the designated open enrollment period.

CITY OF EL CAJON

CITY COUNCIL POLICY

SUBJECT: Compensation Plan for Executive and Unrepresented Employees

POLICY
A-29

REFERENCE:

EFFECTIVE
June 22, 2024

PAGE

Page 7 of 16 ends

3. Retirement Benefits

All Executive, Unrepresented, and Confidential employees are members of the California Public Employees’ Retirement System (CalPERS). Those employees who are “classic members” as defined under the Public Employees’ Pension Reform Act of 2013 (PEPRA) pay the employee’s share of the retirement cost (8% for Miscellaneous and 9% for Safety Employees), and receive the following contracted benefits:

Miscellaneous Employees
“Classic” Members
Safety Employees
“Classic” Members Hired on or before March 10,
A. 3% at 60 Benefit Formula (§21354.3) A. 3% at 50 Benefit Formula (§21362.2) B. Final Compensation: One Year (§20042) B. Final Compensation: One Year (§20042) C. Prior Service (§20055) C. Prior Service (§20055)
D. [Reserved] D. [Reserved]
E. Additional Service Credit 2 Years (§20903) E. [Reserved]

CITY OF EL CAJON

CITY COUNCIL POLICY

SUBJECT: Compensation Plan for Executive and Unrepresented Employees

POLICY
A-29

REFERENCE:

EFFECTIVE
June 22, 2024

PAGE

Page 8 of 16 ends

Miscellaneous Employees
“Classic” Members
Safety Employees
“Classic” Members Hired on or before March 10,
F. Unused Sick Leave Credit (§20965) F. Unused Sick Leave Credit (§20965) G. Military Service Credit as Public Service
(§21024)
G. Military Service Credit as Public Service
(§21024)
H. 2% Annual Cost of Living Allowance Increase
(§21329)
H. 2% Annual Cost of L iving Allowance Increase
(§21329)
I. Pre-Retirement Death Benefits to Continue After
Remarriage of Survivor (§21551)
I. Pre-Retirement Death Benefits to Continue After
Remarriage of Survivor (§21551)
J. 1959 Survivor Benefit Level Four (§21574) J. 1959 Survivor Benefit Level Three (§21573) K. $5,000 Retired Death Benefit (§21623.5) K. $500 Retired Death Benefit (§21620) L. [Reserved]

L. Post -Retirement Survivor Allowance
(§21624/26/28)
M. [Reserved]

M. Post -Retirement Survivor Allowance to
Continue After Remarriage (§21635)

Local Safety Employees
Hired on or after March 11, 2011
A. 3% at 55 Benefit Formula (§21362.2)
B. Final Compensation: Three Years – Career
Average (§20042)

Those employees who are “new members” as defined under the Public Employees’ Pension Reform Act of 2013 (PEPRA) pay the employee contributions equal to 50% of normal cost (currently 6.25% for Miscellaneous and 12.25% for Safety Employees), and receive the above listed benefits with the exception of the following:

Miscellaneous Employees
“New” Members Hired on or after January 1, 2013
Safety Employees
“New” Members Hired on or after January 1,
2013
A. 2% at 62 Benefit Formula (§7522.20) A. 2.7% at 57 Benefit Formula (§7522.25(d)) B. Final Compensation: Three Years – Career
Average (§20037)
B. Final Compensation: Three Years – Career
Average (§20037)

CITY OF EL CAJON

CITY COUNCIL POLICY

SUBJECT: Compensation Plan for Executive and Unrepresented Employees

POLICY
A-29

REFERENCE:

EFFECTIVE
June 22, 2024

PAGE

Page 9 of 16 ends

PST Employees: In lieu of enrollment in the CalPERS’ retirement program, PST employees will be enrolled in an IRS §457 retirement plan. The City contributes 7.5% of the employee’s salary to the IRS §457 plan in lieu of CalPERS and Social Security. PST employees who qualify for membership will be enrolled in the CalPERS retirement program and City contributions to the IRS §457 plan will terminate.

4. Deferred Compensation

All Executive, Unrepresented and Confidential employees are eligible to participate in any of the City’s Internal Revenue Code Section 457 Deferred Compensation Plan(s). Participation is handled through payroll deductions.

The City shall contribu te $300 per month ($3,600 per year) in deferred compensation on behalf of the Assistant City Manager to one of the City approved plans as selected by the Assistant City Manager. Amounts contributed by the City shall be to the benefit of the Assistant City Manager in accordance with the Deferred Compensation Plan participation agreement.

5. Disability Insurance

The City provides E xecutive Management employees and Unrepresented Management employees with fully paid short-term and long-term disability plans.

Exclusion: Confidential employees, PST employees, and Police Recruit(s) participate in the State Disability Insurance (SDI) Program at their expense.

6. Life and Accidental Death & Dismemberment (AD&D) Insurance [Applies to City Attorney]

The City provides f ully paid life insurance and AD&D to E xecutive and U nrepresented Management employees in the amount of one and one half times the employee’s annual salary plus $25,000.

The City provides fully paid life insurance and AD&D to C onfidential and benefitted employees in the amount of $25,000.

CITY OF EL CAJON

CITY COUNCIL POLICY

SUBJECT: Compensation Plan for Executive and Unrepresented Employees

POLICY
A-29

REFERENCE:

EFFECTIVE
June 22, 2024

PAGE

Page 10 of 16 ends

C. LEAVES

1. Vacation Accrual

All Executive, Unrepresented and C onfidential employees shall accrue vacation in accordance with the schedule below. With the exception of interrupted service not covered by any other provision, rule or law, the full accrual rates will commence the first pay period of employment, with no proration. Additionally, when the accrual rate progresses to the next tier, the new accrual rate w ill be given in full in the pay period which coincides with the employee’s hire anniversary date. A dditionally, there will be no proration between the prior accrual rate and new accrual rate regardless of where in the pay period the hire anniversary date falls in.

a. 3.07 hours of vacation accrued and credited bi -weekly from the date of hire until completion of the 35th month;

b. 4.60 hours of vacation accrued and credited bi-weekly following the start of the 36th month through the completion of the 107th month;

c. 5.52 hours of vacatio n accrued and credited bi -weekly following the start of the 108 th month through the completion of the 155th month;

d. 6.14 hours of vacation accrued and credited bi -weekly following the start of the 156 th month.

New hires in Executive and Unrepresented Management classifications may accrue vacation leave at a rate greater than the entry rate at the discretion of the City Manager. Vacation accrual shall be capped at 620 hours for all executive and unrepresented management employees, and 560 hours for all confidential employees. No employee shall accrue vacation beyond the established cap unless specifically authorized by the City Manager. Employees have the option of 100% cash reimbursement for unused paid vacation at any time provided that they have used at least 3 0 hours of vacation/administrative leave during the preceding year (26 pay periods).

CITY OF EL CAJON

CITY COUNCIL POLICY

SUBJECT: Compensation Plan for Executive and Unrepresented Employees

POLICY
A-29

REFERENCE:

EFFECTIVE
June 22, 2024

PAGE

Page 11 of 16 ends

2. Administrative Leave

Executive Management (excludes Police Chief, Fire Chief, and Fire Division Chief) employees receive eighty (80) hours administrative leave per year accrued as vacation leave.

The Police Chief, Fire Chief and Fire Division receive one hundred forty (140) hours administrative leave per year accrued as vacation. Unrepresented Management employees receive sixty (60) hours administrative leave per year accrued as vacation leave.

3. Holidays

Executive and Unrepresented Management and Confidential employees (excluding the City Attorney) receive the following paid holidays:

New Years’ Day January 1
Martin Luther King's Birthday Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Admissions Day* September 9 (floating holiday)
Columbus Day* Second Monday in October (floating holiday) Veterans Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Friday after Thanksgiving
Christmas Eve December 24
Christmas Day December 25
New Year’s Eve December 31
And every day proclaimed by the City Council as a public holiday.

*Two (2) floating holidays in lieu of celebrating Columbus Day and Admissions Day. City facilities shall remain open on both days.

Vacation shall accrue and be credited bi-weekly to compensate for the two floating holidays based on regularly scheduled work shift (permanent shift):

5-8 Schedules: 0.62 hours; 9/80 Schedules: 0.69 hours; 4/10 Schedules: 0.77 hours

CITY OF EL CAJON

CITY COUNCIL POLICY

SUBJECT: Compensation Plan for Executive and Unrepresented Employees

POLICY
A-29

REFERENCE:

EFFECTIVE
June 22, 2024

PAGE

Page 12 of 16 ends

City Hall will be closed between the observed Christmas Eve holiday in 2024 and the observed New Years’ Day holiday in 2025. Employee who take this time off must use paid leave for December 26, 27, and 30, 2024.

An EMPLOYEE whose day off falls on an observed City holiday (e.g., Friday holiday) will accrue their regularly scheduled hours of vacation leave.

4. Sick Leave

Executive, Unrepresented and Confidential employees accrue sick leave at the rate of 3.68 hours per bi -weekly pay period. Accrual is unlimited. Part -Time/Seasonal/Temporary employees accrue and use sick leave upon commencement of employment at the rate prescribed by Labor Code § 246. PST employees are entitled to no other leave benefits under this policy.

Sick leave with pay shall be granted to all EMPLOYEES covered by this Policy in accordance with this section. S ick leave shall not be considered as a right which an EMPLOYEE may use at his/her discretion, but shall be allowed only in case of necessity and actual personal sickness or disability or (2) to attend to an illness or injury, including time for scheduled doctor or dentist appointment, of a person who is in the relationships to the employee as described in the California Labor Code §233, which currently includes:

Child Parent Spouse
Grand Child Foster Child Adopted Child
Step Child Legal Ward Child of Domestic Partner
Step Parent Legal Guardian Adoptive Parent
Foster Parent Sibling Parent-in-Law
Grand Parent Registered Domestic Partner Child of Person Standing in Loco Parentis

a. Sick Leave Conversion Privileges

Any EMPLOYEE who has taken 40 hours sick leave or less during the calendar year ending December 30 of each year shall be entitled to either convert up to 40 hours of unused sick leave to vacation or receive a cash payment for up to 24 hours, based upon the current compensation rate on an hour-for-hour basis.

CITY OF EL CAJON

CITY COUNCIL POLICY

SUBJECT: Compensation Plan for Executive and Unrepresented Employees

POLICY
A-29

REFERENCE:

EFFECTIVE
June 22, 2024

PAGE

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In no event may an EMPLOYEE select a combination of two options or reduce the accumulated sick leave balance below 192 hours. No prorations shall be made for EMPLOYEES terminating on or before December 30 of the calendar year.

b. Unused Sick Leave at Retirement for Health Insurance

For employees hired before July 1, 2013, upon retirement from City employment within 120 days of separation, for service or disability, an employee may elect to use unused sick leave at its dollar value at retirement (hourly base rate plus any regularly recurring bi-weekly premium pay, i.e., differential pay for Master’s Degrees) to pay health insurance premiums in retirement according to the following schedule:

10 through 14 years of service: 25% of the sick leave balance at retirement;

15 through 19 years of service: 50% of the sick leave balance at retirement;

20 + years of service: 75% of the sick leave balance at retirement.

This benefit will be in addition to the monthly contribution the City makes, as determined by PERS, to the Public Employees’ Retirement System for ret iree health insurance benefits. The supplemental benefits described above shall be used to pay health insurance premiums for the retiree and dependents, if applicable. However , if the employee is deceased before the funds are exhausted, the supplemental benefits shall cease and the remaining funds shall be the City’s property.

The City elects to self -administer this plan at this time. The City will pay the annualized dollar equivalent of the Kaiser two- party health insurance premium once per year in January of each year.

This benefit may be used in combination with service credit for unused sick leave as described in Section C – Health and Welfare Benefits – Retirement Benefits.

CITY OF EL CAJON

CITY COUNCIL POLICY

SUBJECT: Compensation Plan for Executive and Unrepresented Employees

POLICY
A-29

REFERENCE:

EFFECTIVE
June 22, 2024

PAGE

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5. Bereavement Leave

All employees covered under this memorandum of agreement shall be entitled to the bereavement leave of absence and employment rights and privileges provided by state and federal laws and regulations. Up to three reg ularly scheduled working days will be paid by the City, as bereavement leave, to EMPLOYEES in order to discharge the customary obligations arising from the death of a relative as defined by the state. Employees may also request the use of an additional two regularly scheduled working days to be charged to sick or vacation leave accruals. The designated representative must approve requests for such leave and documentation, as defined by the state, requested within 30 days of the leave.

6. Military Leave

Any employee who is or becomes a member of the Armed Services, Militia or Organized Reserves of California or the United States shall be entitled to the leaves of absence and employment rights and privileges provided by the Uniformed Services Employme nt and Reemployment Rights Act ( USERRA) and the Military and Veterans Code of the State of California.

7. Jury and Witness Leave

All Executive, Unrepresented and Confidential employees are entitled to be absent from duty when called to serve as a trial juror or as a witness called by a subpoena before a court of law. Under such circumstances, the EMPLOYEE is paid the difference between full salary and any payment received by them, except travel pay, for such duty.

8. Stand-by Time

The Fire Division Chief shall receive eight (8) hours of vacation leave for every week he/she is required to participate in the back-up duty chief rotation for Heartland Fire & Rescue. For each holiday occurring during the assigned week, (Saturdays and Sundays are not considered holidays), an additional four (4) hours of vacation will be credited.

CITY OF EL CAJON

CITY COUNCIL POLICY

SUBJECT: Compensation Plan for Executive and Unrepresented Employees

POLICY
A-29

REFERENCE:

EFFECTIVE
June 22, 2024

PAGE

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D. UNIFORM AND EQUIPMENT ALLOWANCE

The Police Chief, Fire Chief and Fire Division Chief receive an annual uniform and equipment allowance of $1,000. Yearly distribution will be issued the second paycheck in July.

Newly Hired Police Recruits: The annual uniform and equipment allowance for newly hired Police Recruits shall be $775 per year. The uniform allowance shall be prorated over the twelve month period beginning from the actu al hire date to the following July 1st. Yearly distribution will be issued the second paycheck in July.

E. TUITION AND BOOK REIMBURSEMENT

The City provides an allowance of $ 1,500 per fiscal year for E xecutive, U nrepresented Management and Confidential employees to use to defray the cost of attendance at seminars, workshops, conferences and/or classes, which promote professional growth.

Executive and Unrepresented Management employees may use this allowance for lodging, meals, and other travel expenses.

Executive and Unrepresented Management employees may also use the allowance to cover the costs of membership fees for job related professional associations.

F. OTHER CERTIFICATIONS AND SPECIAL COMPENSATION

1. Notary Public Pay

Positions designated by the department director shall receive Notary Public Pay in the amount of $75/month if he/she is a Notary Public in the State of California. The City shall also pay the cost of bonding of this employee while he/she is serving as Notary Public for the benefit of the City. Employees in designated positions shall perform notary services only as directed by his/her supervisor.

2. Bilingual Pay

Positions designated by the department director shall receive Bilingual Pay in the amount of $120/month if he/she is certified by a language professional, designated by the City, as having suitable skills to provide translation service.

CITY OF EL CAJON

CITY COUNCIL POLICY

SUBJECT: Compensation Plan for Executive and Unrepresented Employees

POLICY
A-29

REFERENCE:

EFFECTIVE
June 22, 2024

PAGE

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3. Automobile Allowance

Executive Management employees shall be provided a monthly automobile allowance of $300 in exchange for mak ing a vehicle available for his/her own use and for City -related business and/or functions during, before and after normal work hours. The Assistant City Manager shall be provided an additional $100, to total a monthly automobile allowance of $400.

4. Cellular Telephone Allowance

The Assistant City Manager shall receive as compensation the sum of $120 per month for use as an allowance for his/her cellular telephone service.

5. Technology Allowance

The Assistant City Manager shall be provided with an amount not to exceed $2,500 every two years, beginning with the year of his/her initial appointment, for use to purchase technology equipment such as a personal laptop computer, etc. The payment shall be made upon submission of receipts documenting the purchase(s). The equipment purchased shall become the property of the Assistant City Manager.

6. Non-PERSable Stipend

A non-PERSable stipend of $ 6,300/Fire Chief and $4,410/Fire Division Chief. One -half of stipend payment to be issued on the second paycheck in July 2024 and one-half issued on the first paycheck in December 2024.

G. RELOCATION ALLOWANCE

The City Manager may authorize an allowance up to $10,000 for relocation expenses to the San Diego area.

Approved by City Council May 28, 2024
1 2024/7th Amendment to CM Agmt 051624

SEVENTH AMENDMENT TO

CITY MANAGER EMPLOYMENT AGREEMENT

This SEVENTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT is made and entered into effective the day of , 2024, by and between the City of El Cajon, California, a charter city and municipal corporation (the "City") and Graham Mitchell, an individual (the "City Manager").

RECITALS

1. City and City Manager entered into that certain " City Manager Employment Agreement Between the City of El Cajon, a charter city and municipal corporation and Graham Mitchell," dated April 24, 2018 (the " Agreement"), by which the City and the City Manager established the terms and conditions for the employment of the City Manager as the City Manager for the City.

2. The terms of the Agreement provide, among other things, benefits and compensation payable to the City Manager.

3. The Agreement provides that it may amended at any time by mutual agreement of the City and the City Manag er, with any amendments to be in writing, and adopted by the City Council following negotiations between the parties.

4. On January 1, 2020, the City and the City Manager instituted that certain " First Amendment to City Manager Employment Agreement " (the "First Amendment" ) to more accurately describe the City Manager’s Base Salary as part of his Compensation and Required Employer Costs in paragraph (1) of subsection (A) of Section 4 of the Agreement.

5. On July 1, 2020, the City and the City Manager ins tituted that certain " Second Amendment to City Manager Employment Agreement " (the "Second Amendment ") to more accurately describe the City Manager’s Base Salary as part of his Compensation and Required Employer Costs in paragraph (1)(a) of subsection (A) of Section 4 of the Agreement.

6. On July 1, 2021, the City and the City Manager instituted that certain "Third Amendment to City Manager Employment Agreement " (the "Third Amendment ") to more accurately describe the City Manager’s Base Salary as part of his Compensation and Required Employer Costs in paragraph (1)(a) of subsection (A) of Section 4 of the Agreement, and to extend the term for relocation compensation as listed in paragraph (6) of subsection (B) of Section 4.

7. On May 10, 2022, the City a nd the City Manager instituted that certain " Fourth Amendment to City Manager Employment Agreement " (the "Fourth Amendment ") to more accurately describe the City Manager’s Base Salary as part of his Compensation and Required Employer Costs in paragraph (1) (a) of subsection (A) of Section 4 of the Agreement , effective April 13, 2022.

8. On June 14, 2022, the City and the City Manager instituted that certain "Fifth Amendment to City Manager Employment Agreement" (the "Fifth Amendment") to increase 2 2024/7th Amendment to CM Agmt 051624
ben
efits and compensation to the City Manager consistent with the Compensation Plan for Executive Employees that becomes effective the pay period of June 11, 2022 through June 24, 2022.

9. On June 27, 2023, the City and the City Manager instituted that certain "S ixth Amendment to City Manager Employment Agreement (the "Sixth Amendment") to increase the cost of living compensation to the City Manager consistent with the Compensation Plan for Executive Employees that becomes effective on the first paycheck in July 2023, and to provide for an increase of $20,000 in employer provided annual contribution to deferred compensation.

10. This "Seventh Amendment to City Manager Employment Agreement " (the "Seventh Amendment" ) is necessary to i ncrease the cost of living comp ensation to the City Manager consistent with the Compensation Plan for Executive Employees that becomes effective on the first paycheck in July 2024.

NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:

Section 1. Paragraph (1)(a) of subsection (A) of Section 4 of the Agreement is hereby amended to read as follows:

A. Com pensation & Required Employer Costs
(1) B ase Salary
(a) The salary for the position of City Manager, effective the first pay period that compensates the City
Manager by paycheck issued on or after July 1, 2024,
shall be $12,432.30 every two (2) weeks (i.e., bi-
weekly).

Sect
ion 2. Except as otherwise a mended by the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, and this Seventh Amendment, all remaining terms and conditions of the Agreement not in conflict herewith remain in full force and effect. [Remainder of page intentionally left blank]
3 2024/7th Amendment to CM Agmt 051624
IN WITNESS WHEREOF, the parties hereto have executed this Seventh Amendment the day and year first above written.

City City Manager

CITY OF EL CAJON, a charter city GRAHAM MITCHELL
and municipal corporation

By By
Bill Wells, Mayor Graham Mitchell

ATTEST:

By
Angela L. Cortez, CMC, City Clerk

APPROVED AS TO FORM:

By
Morgan L. Foley, City Attorney
City Council
Agenda Report
Agenda Item 16.

DATE: May 28, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Morgan Foley, City Attorney
SUBJECT: Adopt Resolution for Certification of Disclosures for Interim Funding for East County Advanced Water Purification Program and Related CEQA Exemption
RECOMMENDATION:

That the City Council adopts the next Resolution, in order, to:

Authorize staff to prepare disclosure information in connection with the issuance of obligations by the East County Advanced Water Purification Joint Powers Authority and authorize other actions;

1. Certify the disclosures for interim notes for a total not-to-exceed amount of $400,000,000; and

2. Authorize the City Clerk to attest to the accuracy of the Resolution and take such other actions as may be necessary to demonstrate the Council's adoption of the Resolution in support of the issuance of debt by the East County Advanced Water Purification JPA.

3. BACKGROUND:

The City of El Cajon ("City") is a member agency of the Metropolitan Wastewater Joint Powers Authority ("Metro"), a coalition of municipalities and special districts that share in the use of the City of San Diego's regional wastewater facilities. All wastewater from the City is transported (outside of City limits), treated, and disposed of by Metro facilities. Since 2014, the City has participated with Padre Dam Municipal Water District ("Padre Dam"), San Diego County Sanitation District ("SDCSD"), and Helix Water District ("Helix") to explore the feasibility of creating the East County Advanced Water Purification Program ("Program") to handle sewer from the City, Padre Dam, and the SDCSD. The Program will divert wastewater flows from Metro and create a new, local, sustainable, and drought-proof drinking water supply by treating wastewater from participating agencies, which would then be sold to Helix and Padre Dam. This Program will provide up to 30 percent of East County's drinking water demands while reducing wastewater discharge into the ocean.

On November 5, 2019, the three agencies providing wastewater services, that is, the City, Padre Dam, and SDCSD ("Member Agencies"), established the East County Advanced Water Purification Joint Powers Authority ("JPA") as a separate public entity for the purpose of planning for, designing, constructing, owning, and operating the facilities necessary for the Program ("Facilities"). Construction of the Facilities to implement the Program is anticipated to be completed and fully operational by 2026. Funding for procurement, construction, and commissioning will be provided through state and federal loans, grants, and debt financing issued by the JPA. These funding sources will be secured and repaid through revenue .!!!!_ Valley of opportunity
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issued by the JPA. These funding sources will be secured and repaid through revenue collected for the provision of wastewater services and the sale of treated water produced by the JPA after it is operational. Padre Dam will administer the Program and manage operation of the Facilities as the Program Administrator.

The JPA has secured approximately $169 million in grant funding and $766 million in low-interest loans. The overall cost for the work currently in construction is approximately $950 million. Approximately $383 million of the funding is provided through a loan from California’s Clean Water State Revolving Funds program ("SRF Loan"). The SRF Loan can be drawn down as the work is completed. There is a short-term need for funding between submitting construction invoices to SRF for reimbursement and receiving the Loan funds. The JPA will address this short-term funding need using a series of interim notes, bearing interest, that mature in three (3) years ("Notes"). The interest paid on the Notes is exempt from taxation under federal and state laws, and will not exceed $400,000,000 in the aggregate. The JPA is the agency issuing the debt. The debt is not the obligation of the Member Agencies, including the City. However, the Member Agencies have service agreements with the JPA, with covenants to pay annual assessments sufficient to allow the JPA to meet its obligations. Any payments made by the City will come from revenues received from customers of the City's wastewater enterprise, and other legally available revenues collected by the wastewater enterprise. There is no commitment that the City will be required to meet its obligations using general fund money.

The City of El Cajon, along with all other members of the JPA, needs to issue complete and accurate financial disclosures of the JPA and Member Agencies, to the purchaser of the Notes as well as to the Fitch rating agency (a credit rating agency that rates the viability of investments relative to the likelihood of default). Disclosure requirements are regulated by federal laws and regulations and will be contained in an official statement. Outside disclosure counsel has reviewed the disclosure documents to ensure they are complete and accurate.

Today's action requests that the City Council adopt a resolution to certify the disclosures contained in Appendix A-2 for the Notes.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed action is categorically exempt from the California Environmental Quality Act ("CEQA") as specified under section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility of providing a funding mechanism for an ongoing project without any change in the scope of the project may have a significant effect on the environment.

FISCAL IMPACT:

There is no fiscal impact to today’s request to adopt the resolution. Principal and interest payments for the Notes, and any redemption price, will be paid with SRF Loan funds. The Notes are to provide liquidity on a limited, interim, basis, and fill a short-term funding gap due to reimbursement delay from the SRF Loan funding and to allow construction to stay on schedule.

Except as provided in the service agreements, and limited to the availability of funds in the City's wastewater enterprise account, the City of El Cajon is not obligated to payment of principal, interest, and redemption prices (if any) of the Notes.

Attachments
Resolution

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61875.00019\42167240.1
RESOLUTION NO. ____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CAJON

AUTHORIZING STAFF TO PROVIDE CERTAIN INFORMATION IN
CONNECTION WITH THE CITY’S WASTEWATER ENTERPRISE IN

CONNECTION WITH THE ISSUANCE OF OBLIGATIONS BY THE

EAST COUNTY AWP JOINT POWERS AUTHORITY,

AND AUTHORIZING OTHER ACTIONS

WHEREAS, the East County AWP Joint Powers Authority (the " Authority") was created by Padre Dam Municipal Water District ("District"), San Diego County Sanitation District ("SDCSD") and the City of El Cajon ("City") (collectively, the "Member Agencies") pursuant to that certain Joint Exercise of Powers Agreement, dated November 1, 2019 (the "Joint Powers Agreement"), by and among the Member Agencies; and

WHEREAS, the Authority is a public agency organized under the Joint Exercise of Powers Law of the State of California , being Chapter 5, Division 7, Title 1 of the Government Code of the State of California (the "Act"), and is authorized pursuant to the Act and the Joint Exercise of Powers Agreement creating the Authority to borrow money for the purpose of financing and/or refinancing the design, acquisition and construction of the East County Advanced Water Project (the "Project"); and

WHEREAS, in order to obtain funding to continue the design, acquisition and construction of the Project, the Authority plans to issue, sell and deliver its " East County AWP Joint Powers Authority Interim Notes, Series 2024A" (the "Notes"); and

WHEREAS, the Notes are a debt of the Authority and are not debt of the City; and

WHEREAS, Rule 15c2- 12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same m ay be amended from time to time (the " Rule"), requires that the City provide certain information that directly relates to its wastewater enterprise fund and operations to be include in the City Appendix (as hereinafter defined); and

WHEREAS, in connection with the issuance of the Notes, the Authority is preparing the related preliminary official sta tement describing the Authority, the Project and the Member Agencies (the "Preliminary Official Statement"); and

WHEREAS, as a Member Agency, the City has provided information regarding the financials and operations of the wastewater enterprise for the City that will be included as an appendix to the Preliminary Official Statement, as set forth in Exhibit A hereto (the "City Appendix"), which will be distributed to potential investors in the Notes; and

WHEREAS, as a condition of the sale of the Notes the Authority will be required to provide updated information on an annual basis of certain wastewater enterprise-related information contained in the City Appendix (the " Authority Continuing Disclosure Obligations") and has requested the City provide such information to the Authority annually; and

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61875.00019\42167240.1

WHEREAS, the City Council of the City (the "City Council" ) now desires to authorize and direct staff and officers of the City to provide such information to the Authority, and take other related actions.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:

Section 1. Recitals. The above recitals are true and correct and the City Council hereby so finds and determines.

Section 2. Approval of Information . The City Council hereby authorizes and directs the City Manager and Public Works Director , or their designee (each, an "Authorized Officer ") to prepare, together with other necessary staff of the City, and deliver to the Authority the City Appendix in substantially the form attached hereto as Exhibit A together with such changes as approved by an Authorized Officer. The City Council authorizes the underwriter of the Notes to include the appendix relat ed to the City’s wastewater enterprise for distribution of the Preliminary Official Statement to prospective purchasers of the Notes.

Section 3. Approval of Actions. The City Council hereby authorizes and directs the Authorized Officers to provide to the Authority (from time to time ) any necessary certificates, documents, and agreements regarding the information related to the City’s wastewater enterprise included in the Preliminary Official Statement, including certificates related to the Rule.

Section 4. Continuing Disclosure. The Authorized Officers are hereby authorized and directed to provide to the Authority, on an annual basis, updated information relating to the City Appendix, and such other information as may be legally required by the Rule to assist the Authority in complying with the Authority’s Continuing Disclosure Obligations.

Section 5. Compliance with Rule 15c2- 12. Any such information provided to the Authority for inclusion in the Preliminary Official Statement must comply with, and be required by, the Rule and the anti-fraud provisions of Section 17(a) of the Securities Act of 1933 and Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934.

Section 6. Effective Date. This resolution shall take effect immediately upon adoption.

05/28/24 CC Agenda
Reso-ECAWP JPA 2024 Interim Notes – Reso of Member Agency (El Cajon) 052224

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EXHIBIT A

FORM OF APPENDIX

(attached)

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APPENDIX A-2

SUPPLEMENTAL INFORMATION ON

CITY OF EL CAJON
The information set forth below has been obtained from the City of El Cajon (the “City”). The East County AWP Joint Powers Authority (the “Authority”) does not guarantee the accuracy or completeness of any of the information set forth below. For purposes of this Appendix A-2, the term “City” shall mean the City of El Cajon. Except as otherwise set forth in this Appendix A -2, capitalized terms not defined herein shall have the respective meanings ascribed to them in the Indenture.

CITY OF EL CAJON
General
The City is located in the southwestern portion of the County, approximately 17 miles east of downtown San Diego. The City was incorporated in 1912 and became a charter city in 2012. The City encompasses approximately 14.5 square miles and has an estimated 2023 population of approximately 105,000.

The City is a charter city operating under a Council-Manager form of government.

The City is governed by a City Council of five members, four of whom are elected by district with the Mayor being elected at-large. The City Council selects the City Manager who is responsible for the day-to-day administration of the City under the policy direction of the City Council.

The City provides a full range of municipal services, including police and fire protection, financial services, public works, community development services, and parks and recreation services. The City also operates and maintains its own sewer utility.

City Council and Key Staff Members
City Council. The City is governed by a five member City Council. The current Council members are shown below.

City Council Term Expires
Bill Wells, Mayor December 2026
Gary Kendrick, Councilmember December 2026
Michelle Metschel, Councilmember December 2024
Steve Goble, Deputy Mayor December 2024
Phil Ortiz, Councilmember December 2024

Four of the Councilmembers are elected to a four-year term by the registered voters within the respective district, with the Mayor being elected at-large.

Key Staff Members. Following are brief biographies of the City’s key management personnel responsible for the City’s Wastewater System (the “Wastewater System”).

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Graham Mitchell, City Manager. Graham Mitchell has served as the City Manager since April 2018. Mr. Mitchell has worked twenty -four years in local government, with twenty years in executive city management roles. Mr. Mitchell’s previous work experience includes one year as Assistant City Manager with the City of El Cajon prior to being appointed as its City Manager in 2018. He also worked as the Assistant City Manager and City Manager in Escondido, the City Manager in Lemon Grove, and the City Manager in Farmersville. Prior to that, he worked for the cities of Monterey Park and Moorpark in the field of redevelopment and economic development. Mr. Mitchell holds a Bachelor of Arts from Brigham Young University and a Master of Public Administration degree from the University of Southern California.

Yazmin Arellano, Director of Public Works. Ms. Arellano has served as the Director of Public Works since October 2020. Ms. Arellano's previous work experience includes four years as Deputy Director of Public Works/City Engineer before being appointed Director in 2020. She also served as the City of Br awley Public Works Director/City Engineer for thirteen years (2002-2016) and held other engineering positions in the City of Brawley and a private engineering firm early in her career (1997- 2002). Ms. Arellano is a Registered Civil Engineer and Land Survey or in California. She holds a Bachelor of Science in Civil Engineering from Cal Poly San Luis Obispo and a combined Master's Degree in Industrial Engineering/ Business Administration from CETYS Universidad Mexicali, Mexico.

Employees and Employee Organizations
The City currently employs 33.5 persons related to the City’s wastewater system.

City employees responsible for the Wastewater System are represented by two employee associations, which represent approximately 31.60 employees. Relations between the City and the employee bargaining units include employees responsible for the Wastewater System expire on [June 30, 202 6]. A total of 1.9 management and confidential employees in the wastewater department are exempt from collective bargaining. The City has never experienced a strike, slowdown or work stoppage.

Defined Benefit Pension Plans
CalPERS Plans. All eligible employees of the City (employees who work at least 1,000 hours per fiscal year) are eligible to participate in the Public Agency Cost -Sharing Multiple-Employer Defined Benefit Pension Plan (the “ Plan”) administered by t he California Public Employees’ Retirement System (“CalPERS”). The total non -current portion of the net pension liability to the Plan for employees responsible for the Wastewater System for fiscal year ended June 30, 2023 was $5,581,650.

Section 115 Trust . In February 2020, the City established a Section 115 irrevocable trust (the “Trust”) to set aside moneys from its general fund to address pension funding needs in the long term. The wastewater enterprise neither contributes funds to, nor benefits from, the Trust.

For additional information regarding the City’s defined benefit pension plans, see Note 7 to the City’s Annual Comprehensive Financial Report For Fiscal Year Ended June 30, 2023, attached hereto as Exhibit 1 to this Appendix A-2.

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Other Defined Contribution Pension Plan. The City provides a defined contribution retirement plan for specified part -time, temporary and seasonal employees who work less than 1,000 hours per fiscal year in lieu of Social Security coverage. For the fiscal year ended June 30, 2023 , the City made employer contributions of $61,820 payable as an expense of the Wastewater System.

For additional information regarding the City’s defined contribution pension plan, see Note 8 to the City’s Annual Comprehensive Financial Report For Fiscal Year Ended June 30, 2023, attached hereto as Exhibit 1 to this Appendix A-2.

Other Post-Employment Benefits
Plan Description. The City has established a retiree healthcare plan ( “OPEB Plan”) and is participating in an agent multiple-employer defined benefit retiree healthcare plan.

Contributions. The annual contribution is comprised of the pay -as-you-go amount. The non-current portion of the net OPEB liability for the Wastewater System for fiscal year ended June 30, 2023 was $497,615.

For additional information relating to the City’s OPEB plan, see Note 9 to the City’s Annual Comprehensive Financial Report for Fiscal Year ended June 30, 2023 attached hereto as Exhibit 1 to Appendix A-2.

INSURANCE
The City has established self -insurance programs and maintains contracts with various insurance companies to manage excessive risk related to the Wastewater System.

General Liability and Workers’ Compensation Insurance - The City is self - insured for general liability through Public Risk Innovation, Solutions, and Management (PRISM) with a self-insured retention (SIR) of $250,000. The total general liabili ty policy limit is $25,000,000, including the $250,000 SIR. The Risk Manager administered claims against the City. The City is also self -insured for the first $125,000 on each workers ’ compensation claim and is a participating member agency of an excess worker ’s compensation insurance program that covers losses up to the statutory limit. Athens Administrators is the City’s third party workers’ compensation claims administrator. Loss control services are obtained on an as needed basis.

Property Insurance - The City participates in the Public Entity Property Insurance Program (PEPIP) through Alliant Insurance Services for coverage of the City ’s physical assets. This includes all real and personal property owned by the City or for which the City has assumed respons ibility to insure, e.g. , buildings, structures, computer equipment, heavy-duty equipment, mechanical equipment, vehicles, furniture and fixtures. The deductible varies depending on the type of loss.

During the past three fiscal years, none of the above programs of protection have had settlements or judgments that exceeded pooled or insured coverage. There have

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been no significant reductions in pooled or insured liability coverage from coverage in the prior year.

Wastewater System
General. The City owns and operates approximately 200 miles of gravity -flow sewer mains comprised of manhole structures and their connecting pipeline segments.

The City also operates and maintains 13 inverted sewer siphons as part of the overall wastewater collection system. Most of the existing trunk sewer s (approximately 60% ) were constructed before 1965 and are now over 40 to 60 years old, with some of the oldest sewer mains being constructed in the late 1920s and the oldest trunk sewers dating back to the 1940s. The City does not own or maintain any portion of the sewer laterals (upper or lower) that drain each privately owned parcel or property up to the point of connection to the local sewer. Additionally, the City’s collection system does not include any pump stations or treatment facilities . The City is responsible for collecting and conveying wastewater flows originating within the City to the City of San Diego’s Point Loma Treatment Plant for treatment and disposal. The City provides wastewater service to approximately 17,000 customers within the incorporated area of the City.

Capital Improvement Plan . The wastewater capital improvement program allocates approximately $5,000,000 each fiscal year to maintain, upgrade, or expand the City’s wastewater fund infrastructure. The program includes projects to address aging pipelines, prevent leaks, improve capacity, and ensure compliance with regulatory agency regulations. A more comprehensive program will be developed in fiscal year 2025 as part of the wastewater master plan update.

San Diego Metropolitan Sewerage Treatment System
The City is one of thirteen participating agencies who send their wastewater to the METRO for treatment and disposal. The City is a party to a Regional Wastewater Disposal Agreement between the City of San Diego and certain “Participating Agencies” (including the City) filed May 18, 1998 (the “Regional Wastewater Disposal Agreement”) to participate in the METRO System.

The METRO System processes the City’s sewage. All payments by the City to the City of San Diego with respect to t he METRO System are treated as operation and maintenance expe nses of the City’s Wastewater System .

Regional Wastewater Disposal Agreement . Under the terms of the Regional Wastewater Disposal Agreement, as described below, the City shares in the cost of the METRO System. It is the City’s practice to pass through any increase in t reatment costs to its customers .

Pursuant to the Regional Wastewater Disposal Agreement, the Participating Agencies are required to pay their respective share of planning, design and construction of the METRO System facilities and costs relating to the operation and maintenance of the METRO System by the City of San Diego. The amount to be paid by the Participating Agencies is calculated based on a Wastewater System Charge and a New Contract Capacity Charge.

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The “Wastewater System Charge” is a charge that is calculated annually, billed quarterly and based on flow and strength com ing into the METRO System. The “ New Contract Capacity Charge” is an amount to be paid by any Participating Agency for the right to discharge any new or additional capacity into the METRO System beyond its existing allotted capacity.

The City of San Diego and the Participating Agencies are currently review ing the Participating Agencies’ obligation to pay their proportionate share of the cost of the METRO System main taining the City of San Diego’s operating reserve and contractual debt coverage. The City of San Diego is working with the Participating Agencies through the Metropolitan Joint Power Authority (the “Metropolitan JPA”), a coalition comprised of the Participating Agencies that was formed in 1998, to clarify that the cost of maintaining the operating reserve and debt coverage is included in the operation and maintenance costs payable under the Regional Wastewater Disposal Agreement. The City of San Diego expects the modification to result in approximately $15 million to $20 million in additional operation and maintenance charges from the Participating Agencies.

The Regional Wastewater Disposal Agreement terminates on December 31, 2050, subject to extension by agreement of the parties; the parties agree in the Regional Wastewater Disposal Agreement to begin discussing an extension no later than December 31, 20 40. The Parti cipating Agencies’ right to obtain wastewater treatment services from the METRO System will survive termination of the Regional Wastewater Disposal Agreement; in that case, the Participating Agencies are obligated to pay their proportional share of costs based on their respective flow and strength. The City of San Diego, however, may abandon the METRO System on December 31, 2050 with 10 years’ prior notice to the Participating Agencies.

Participation in East County AWP Project. In an effort to reduce its reliance on imported water through the CWA and its wastewater treatment costs, the City is actively working with the San Diego County Sanitation District and Padre Dam Municipal Water District (collectively, the “AWP Program Part icipants”), on developing the Project . The Project is a joint effort of the City and the other AWP Program Participants to create a new source of local sustainable water and reduce the region’s dependence on imported water. The Project aims to treat up to 16 million gallons per day of wastewater that is generated in the eastern portion of the County of San Diego (the “East County”) . The Project is anticipated to produce approximately 12,882- acre feet per year of Product Water and up to approximately 1,350-acre feet per year of Title 22 Recycled Water. See “THE PROJECT” in the front part of the Official Statement for additional information.

Pursuant to the Participation Agreements, the City is required to pay its share of the costs of design, construction, maintenance and operation of the Project, including the payment of the Authority’s debt service payments. See “SECURITY FOR THE BONDS – Participation Agreements.”

Billings and Collections

In July 2020, the City began collecting wastewater service charges on the County of San Diego property tax invoice. Rather than direct, bi-monthly invoicing, as previously done, these charges are now collected in two installments with the property tax bill.

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Notification is sent each June to property owner s summarizin g the annual wastewater service charges that will be included with the next County of San Diego property tax. This notification serves as a statement of the wastewater service charges for the 12 -month billing period from July 1st to June 30th of the follow ing year. See “PROPERTY TAX REVENUES – Tax Levies and Delinquencies” below.

Wastewater System Customers. The City provides Wastewater System services to approximately 16,880 customers. The below table shows the City’s historical wastewater service customer accounts.

TABLE A-2-1

CITY OF EL CAJON
Historic Wastewater Service Customers
Calendar Years 2012-2022
Year
Sewer Customers
Accounts(1)
2012 16,162
2013 16,200
2014 16,279
2015 16,453
2016 16,474
2017 16,499
2018 16,680
2019 16,883
2020 16,896
2021 16,884
2022 16,880
______________________________________
(1) As of July 1 each year.

Source: City of El Cajon.

Largest Users. The following table indicates the City’s 10 largest wastewater users for fiscal year 2022-23.

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TABLE A-2-2

CITY OF EL CAJON
Ten Largest Retail Wastewater Customers
Fiscal Year 2022-23
Customer
Annual
Billings
Percent
of City
Total
Residential $ 75,748.01 0.26%
Residential 66,452.07 0.23
Residential 67,335.63 0.23
Commercial 177,451.83 0.60
Commercial 70,170.03 0.24
Residential 62,420.88 0.21
Residential 73,372.50 0.25
Residential 84,321.67 0.29
Residential 66,869.97 0.23
Commercial 77,733.12 0.26
Total - Largest Customers $821,875.71 2.79%
Total District Wastewater Billings $29,500,098.81
_____________________
Source: City of El Cajon.

(remainder of page intentionally blank)

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Current Wastewater Rates
The City’s wastewater rates effective November 22, 2019 and each July 1 through July 1, 2023 were adopted by the City Council on October 8, 2019 by Resolution No. 097- 19 (“Resolution No. 097-19”) and are set forth in the following tables.

TABLE A-2-3

CITY OF EL CAJON
Schedule of Wastewater Rates for the Fiscal Years 2019-20 through 2023-24 Effective 11/22/2019 Effective 7/1/2020 Effective 7/1/2021 Effective 7/1/2022 Effective 7/1/2023

User Class

Base
Charge
Volumetric
Charge
(per HCF)

Base
Charge
Volumetric
Charge
(per HCF)
Residential
Single Family $12.43 $4.49 $14.05 $4.85 $17.15 $5.53 $19.90 $5.97 $23.48 $6.51 Multi-
Family/Condo w/o
Irrigation Meter
$12.43 $3.92 $14. 05 $4.23 $17.15 $4.83 $19.90 $5.21 $23.48 $5.69 Multi-
Family/Condo w/
Irrigation Meter
$12.43 $4.49 $14. 05 $4. 85 $17.15 $5.53 $19.90 $5.97 $23.48 $6.51 Non-Residential
Commercial-Low
w/o Irrigation
Meter
$16.95 $4.04 $19.15 $4.36 $23.39 $4.98 $27.14 $5.38 $32.02 $6.19 Commercial-Low
w/ Irrigation Meter
$16.95 $4.49 $19. 15 $4.85 $23.39 $5.53 $27. 14 $5.97 $32.02 $6.51 Commercial-
Medium w/o
Irrigation Meter
$16.95 $5.30 $19. 15 $5.73 $23.39 $6.53 $27. 14 $7.05 $32.02 $8.12 Commercial-
Medium w
Irrigation Meter
$16.95 $5.89 $19. 15 $6.36 $23.39 $7.26 $27. 14 $7.84 $32.02 $8.54 Commercial-High
w/o Irrigation
Meter
$16.95 $7.05 $19. 15 $7. 61 $23.39 $8.68 $27. 14 $9.37 $32.02 $10.79 Commercial-High
w/ Irrigation Meter
$16.95 $7.83 $19. 15 $8.46 $23.39 $9.65 $27. 14 $10.41 $32.02 $11.36 Other
Septic Haulers $7.87 $8.66 $9.70 $10.57 $11.41
_______________________
Source: City of El Cajon.

(remainder of page intentionally blank)

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Wastewater System Connection Fees
The City charges customers a one- time fee of $3,472 per EDU for connection to the Wastewater System.

The majority of connection fee revenue is derived from capacity fees which the City charges per Equivalent Dwelling Unit (EDU). The City is working on an update to the 2014 Wastewater Master Plan. The connection f ee per EDU will be evaluated as part of the update.

TABLE A-2-4

CITY OF EL CAJON
Wastewater System Capacity Fees per EDU

Type of Usage % EDU
Single-Family Dwellings 100
Apartments (per unit) 75
Condominiums (per unit) 100
Churches (for each 150 seating capacity or a fraction thereof) 133 Schools (for each 24 average daily attendance including faculty d t ff)
100
Laundromats (for first 20 washers -35 gal capacity, each washer additional)

67, 50
Mobile Home Parks (per unit) 50
____________________
Source: City of El Cajon.

TABLE A-2-5

CITY OF EL CAJON
Wastewater Service Charge Revenue
Fiscal Years 2018-19 through 2022-23

Fiscal Year

Total
Revenue
2018-19 635,028.28
2019-20 518,943.20
2020-21 179,127.20
2021-22 145,457.60
2022-23 128,818.40
______________________
Source: City of El Cajon.

Wastewater System Regulatory Compliance
General. Regulatory requirements applicable to the Wastewater System are contained in or imposed by regulation pursuant to the Federal Water Pollution Control Act, as amended, and the State of California Porter Cologne Water Quality Control Act of

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1969, as amended. Both Federal and State regulations are administered throug h the Regional Water Quality Control Board (“Regional Board”).

Financial Statements and Historical Operating Results
Financial Statements. A copy of the annual comprehensive financial report of the City for Fiscal Year ended June 30, 2023 is set forth in Exhibit 1 to this Appendix A-2 (the “Financial Statements”). The City’s independent auditors, Rogers, Anderson, Malody & Scott, LLP , San Bernardino, California (the “ Auditor”), conclude that the financial statements referred to above present fairly, in all material respects, the financial position of the City, as of June 30, 2023, and the respective changes in financial position and cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America (“GAAP”). The Auditor has not reviewed the information contained in this Appendix A-2, nor has the Auditor been asked to consent to the inclusion of the auditors’ opinion on the Financial Statements as Exhibit 1 to this Appendix A-2.

Significant Accounting Policies. The government-wide financial statements are reported using the economic-resources measurement focus and the full accrual basis of accounting, as are the fund financial statements of the proprietary and fiduciary funds.

Revenues are recorded when earned and expenses are recorded at the same time liabilities are incurred, regardless of when the related cash flows take place. Property taxes are recognized as revenues in the year for which they are levied. Grants are recognized as revenues as soon as all eligibility requirements imposed by the provider have been met. Governmental funds financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting.

Revenues are recognized when measurable and available. The City considers all revenues available when they are collected within 60 days after fiscal year end for such items as property taxes, sales taxes, franchise fees, and transient occupancy taxes.

Expenditure driven grants are recognized as revenues when the qualifying expenditures have been incurred and all other eligibility requirements have been met, and the amount is received during the fiscal year or within six months of fiscal year end. In the governmental fund financial statements, expenditures are recorded when a related fund liability is incurred except for debt service expenditures. Principal and interest of general long-term debt are recorded when payment is due. General capital asset acquisitions are reported as expenditures in the governmental funds. The governmental funds financial statements do not present long -term debt. Issuance of long -term debt, bond premiums, and discount. See the Financial Statements attached to this Appendix A -2 as Exhibit 1 for a discussion of other accounting practices of the City.

Proprietary funds distinguish operating revenues and expenses fro m non - operating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund’s principal ongoing operations. The principal operating revenues of the wastewater fund and internal service funds are charges to customers for sales and services. The wastewater fund also recognizes as operating revenue the portion of sewer fees intended to recover the cost of connecting new customers to the system. Operating expenses for the wastewater enterprise fund and internal service funds include the cost of supplies and

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services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as non-operating revenues and expenses.

Historical Operating Results. Table A -2-6 sets forth a summary of historical operating results for the City’s Wastewater Fund for Fiscal Years ended June 30, 2019 through 2023 which are derived from the City’s audited financial statements (excluding depreciation, certain non- cash items and after certain other adjustments) and are qualified in their entirety by reference to such statements, including the notes thereto.

TABLE A-2-6

CITY OF EL CAJON
Historical Operating Results – Wastewater Fund
Statement of Revenues, Expenses, and Changes in Fund Net Position Fiscal Years Ended June 30, 2019 through 2023
2019 2020 2021 2022 2023
Operating Revenues
Charges for Services $20,829,872 $21,203,997 $24,029,617 $28,845,517 $ Fines 229,611 143,941 57,678 124,523
Licenses and Permits 1,225 3,450 300 -
Total Operating Revenues $21,060,708 $21,351,388 $24,087,595 $28,970,040 $

Operating Expenses
Salaries and Benefits $ 4,197,508 $ 3,930,889 $ 4,377,559 $ 3,377,477 $ Materials, Services and Supplies 13,948,879 17,962,741 15,714,646 15,974,773 Insurance Claims/Premiums - - - -
Depreciation 1,870,830 1,896,558 1,856,219 1,856,350
Total Operating Expenses $20,017,217 $23,790,188 $21,948,424 $21,208,600 $

Operating Income (Loss) $1,043,491 $(2,438,800) $2,139,171 $7,761,440 $

Non-operating Revenues
(Expenses)

Investment Earnings $879,492 $1,093,630 $(70,097) $(804,769) $ State Grants - - 419,772
Gain on Disposal of Assets 190,803 1,620 - 3,240
Other Revenues 23,096 4,004,372 7,866 3,165
Interest Expense and Fiscal
Charges (170,114) (170,322) (246,703) (289,310)
Total Non-operating Revenues
(Expenses) $923,277 $4,929,300 $(308.934) $(667,902) $
Income (Loss) Before Operating
Transfers $1,966,768 - $1,830,237 $7,093,538 $

Operating Transfers
Transfers Out - - - (484,433)
Transfers In - - - -
Total Operating Transfers - - - (484,433)

Change in Net Position $1,966,768 $2,490,500 $1,830,237 $6,609,105 $ Net Position, Beginning $62,290,139 $64,256,907 $66,747,407 $68,577,644 $ Net Position, Ending $64,256,907 $66,747,407 $68,577,644 $75,186,749 $ _____________________
Source: City of El Cajon Annual Comprehensive Financial Reports for Fiscal Years ended June 30, 20 19- 2023.

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Estimated and Projected Operating Results
The City has estimated wastewater fund revenues, operation and maintenance costs and debt service coverage for the Fiscal Year ending June 30, 2024 and projected revenues, operation and maintenance costs and debt service coverage for the Fiscal Years ending June 30, 2025-2028. For Fiscal Years 2023-24 through 2027-28, the City has made the assumptions as described below.
[ADD PROJECTION ASSUMPTIONS]
TABLE A-2-7

CITY OF EL CAJON
Projected Operating Results – Wastewater Fund
Statement of Revenues, Expenses, and Changes in Fund Net Position Fiscal Years Ending June 30, 2024 through 2028
2024 2025 2026 2027 2028
Operating Revenues
Charges for Services
Fines
Licenses and Permits
Total Operating Revenues

Operating Expenses
Salaries and Benefits
Materials, Services and Supplies
Insurance Claims/Premiums
Depreciation
Total Operating Expenses

Operating Income (Loss)

Non-operating Revenues (Expenses)
Investment Earnings
State Grants
Gain on Disposal of Assets
Other Revenues
Interest Expense and Fiscal Charges
Total Non-operating Revenues
(Expenses)

Income (Loss) Before Operating
Transfers

Operating Transfers
Transfers Out
Transfers In
Total Operating Transfers

Change in Net Position
Net Position, Beginning
Net Position, Ending
_________________
Source: City of El Cajon.

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Wastewater Fund Obligations
Johnson Avenue Sewer Interceptor Project . The City entered into an installment sale agreement ( “ISA”) with the California State Water Resources Control Board (“CSWRCB”) to finance the construction of the Johnson Avenue Sewer Interceptor Project (the “Johnson Project”) in March 2014, amended in April 2015, and in June 2017, wherein the City agreed to sell to CSWRCB and CSWRCB purchased from the City the Johnson Project. Simultaneously, the City purchased from the CSWRCB and the CSWRCB sold to the City the Johnson Project. The CSWRCB agreed to provide funding for this project of up to $11,300,000 at an interest rate of 2.1% per annum payable in annual installments beginning October 19, 2016 through October 19, 2035. CSWRCB agreed to forgive $2,000,000 of the principal due contingent on the City’s performance under the ISA. The ISA also contains a termination clause that requires immediate repayment of the remaining principal and any accrued interest upon violation by the City of any material provi sion of the ISA that is not remedied in a reasonable time as determined by CSWRCB. The City has drawn down the full amount available under the ISA.

The City has pledged the net revenues of the wastewater enterprise fund, and any reserve fund, towards this obligation until the note is paid off. The City also agreed, to the extent permitted by law, to fix, prescribe and collect sewer rates during each fiscal year necessary to yield net revenues that are at least 1.2 times the highest year’s debt service under this agreement, or 1.1 times the highest year’s debt service for all debts. [DESCRIBE ANY OTHER OBLIGATIONS OF WASTEWATER FUND]
Budgetary Process
The City Council approved the City’s Annual Budget for Fiscal Year 2023- 24 on June 13, 2023 (the “Budget”). [The Budget has not been amended since its adoption .] Wastewater charges account for approximately __% of revenues of the City in the Budget. Sewer materials, services, and supplies account for approximately ___% of expenditures of the City in the Budget. With respect to the Wastewater System , the budget assumes [ DESCRIBE MAJOR ASSUM PTIONS RELATED TO THE WASTEWATER FUND].

Litigation
At the time of delivery of the Notes, the City will certify that, except as disclosed herein, to its best knowledge, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public boar d or body, pending or threatened against the City affecting the existence of the City or the titles of its directors or officers to their offices or in any way contesting or affecting the validity or enforceability of the Participation Agreements, or any action of the City contemplated thereby, or in any way contesting the completeness or accuracy of this Appendix A-2, or with respect to the Wastewater System or Wastewater Fund that the city believes would have a materially adverse effect thereon, nor, to t he knowledge of the City is there any basis therefor.

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CONTINUING DISCLOSURE
The City has not entered into a continuing disclosure undertaking in connection with the issuance of the Notes. See the caption “CONTINUING DISCLOSURE” in the Official Statement and Appendix [_] attached to the Official Statement for a description of the annual information and operating data required to be provided by the Authority, which includes certain annual information and operating data of the City. The Authority’s ability to comply with its continuing disclosure obligations for the Notes, with regard to the information related to the City, is dependent upon the cooperation of the City.

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61875.00019\42167240.1
EXHIBIT 1 TO APPENDIX A-2

CITY OF EL CAJON

ANNUAL COMPREHENSIVE FINANCIAL REPORT
FOR FISCAL YEAR ENDED JUNE 30, 2023

City Council
Agenda Report
Agenda Item 17.

DATE: May 28, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Mayor Wells
SUBJECT: Council Activity Report
RECOMMENDATION:

That the City Council accepts and files the following report of Council/Mayor activities attended during the current agenda period.

BACKGROUND:

Government Code Section 53232.3(d) requires members of a legislative body to provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. This City Administrative Activity is not a project and therefore not subject to CEQA.

REPORT:

Since the last City Council meeting, I have attended the following events on behalf of the City of El Cajon:

May 11, 2024 – Interview with Fox Business
May 11, 2024 – Commencement Speaker at Chula Vista Christian University May 13, 2024 – Interview with News Max TV
May 13, 2024 – Interview with The Blaze
May 14, 2024 – Career Day at Foothills Christian High School May 15, 2024 – Interview with KUSI re: America on Main Street May 18, 2024 – America on Main Street Naturalization Ceremony May 18, 2024 – Holocaust Survivors Exhibit
May 20, 2024 – Meeting with Mike S. IHOP
May 22, 2024 – SANDAG Mayors Briefing
May 23, 2024 – Meeting with Afghan Community Culture Center May 24, 2024 – SANDAG Board of Directors Meeting
May 27, 2024 – American Legion Post 303 Memorial Day Ceremony May 28, 2024 – City Council Meeting(s)
I am available to answer questions.

Submitted By: Bill Wells, Mayor
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City Council
Agenda Report
Agenda Item 18.

DATE: May 28, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Councilmember Goble
SUBJECT: COUNCILMEMBER STEVE GOBLE
MTS (Metropolitan Transit System Board); East County Advanced Water Purification Joint Powers Authority Board; Chamber of Commerce – Government Affairs Committee; SANDAG – Board of Directors – Alternate; SANDAG Public Safety Committee – Alternate.

RECOMMENDATION:

That the City Council accepts and files the following report of Council/Mayor activities attended during the current agenda period.

BACKGROUND:

REPORT:

Since the last City Council meeting, I have attended the following events on behalf of the City of El Cajon:

May 8, 2024 - Emails with MTS staff re: closed session item May 13, 2024 - Emails with Mike B re: speeding in Olive Hills May 13, 2024 - Zoom interview with USD Kroc Center Staff May 14, 2024 - Emails with Kyle S re: AWP Board Meeting agenda May 15, 2024 - Emails with Chris Berg re: SDGE Trees program May 16, 2024 - MTS Board Meeting
May 16, 2024 - AWP Board Meeting
May 17, 2024 - Attend Leukemia/Lymphoma Fundraiser
May 18, 2024 - Attend America on Main Street/FoodieFest May 18, 2024 - Attend Firefighter Fundraising Event
May 20, 2024 - Emails with Michael B re: Media Classes
May 21, 2024 - Attend East County Chamber Govt Affairs Meeting May 24, 2024 - Attend Dinner and a Concert Event
May 28, 2024 - Meeting with POA president
May 28, 2024 - City Council Meeting(s)
.!!!!_ Valley of opportunity
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I am available to answer questions.

Submitted By: Steve Goble, Councilmember
City Council
Agenda Report
Agenda Item 19.

DATE: May 28, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Councilmember Kendrick
SUBJECT: COUNCILMEMBER GARY KENDRICK
METRO Commission/Wastewater JPA; Heartland Communications; Heartland Fire Training JPA.

RECOMMENDATION:

That the City Council accepts and files the following report of Council/Mayor activities attended during the current agenda period.

BACKGROUND:

REPORT:

Since the last City Council meeting, I have attended the following events on behalf of the City of El Cajon:

May 28, 2024 – City Council Meeting(s)
I am available to answer questions.

Submitted By: Gary Kendrick, Councilmember
.!!!!_ Valley of opportunity
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City Council
Agenda Report
Agenda Item 20.

DATE: May 28, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Councilmember Metschel
SUBJECT: COUNCILMEMBER MICHELLE METSCHEL
Harry Griffen Park Joint Steering Committee; METRO
Commission/Wastewater JPA – Alternate; Heartland Communications – Alternate; Heartland Fire Training JPA – Alternate.

RECOMMENDATION:

That the City Council accepts and files the following report of Council/Mayor activities attended during the current agenda period.

BACKGROUND:

REPORT:

Since the last City Council meeting, I have attended the following events on behalf of the City of El Cajon:

May 18, 2024 – America on Main Street Naturalization Ceremony May 18, 2024 – America on Main Street
May 27, 2024 – American Legion Post 303 Memorial Day Ceremony May 28, 2024 – City Council Meeting(s)
I am available to answer questions.

Submitted By: Michelle Metschel, Councilmember
.!!!!_ Valley of opportunity
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City Council
Agenda Report
Agenda Item 21.

DATE: May 28, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Deputy Mayor Ortiz
SUBJECT: DEPUTY MAYOR 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.

RECOMMENDATION:

That the City Council accepts and files the following report of Council/Mayor activities attended during the current agenda period.

BACKGROUND:

REPORT:

Since the last City Council meeting, I have attended the following events on behalf of the City of El Cajon:

May 15, 2024 – East County Economic Development Council Board Meeting May 27, 2024 – American Legion Post 303 Memorial Day Ceremony May 28, 2024 – City Council Meeting(s)
I am available to answer questions.

Submitted By: Phil Ortiz, Deputy Mayor
.!!!!_ Valley of opportunity
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City Council
Agenda Report
Agenda Item 22.

DATE: May 28, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Angela Cortez, City Clerk
SUBJECT: Zoning Code Update
RECOMMENDATION:

That Mayor Wells requests the City Clerk to recite the title.

An Ordinance Approving Zoning Code Amendment No. 2024-0001 for Amendment of Title 17 of the El Cajon Municipal Code for Economic Development, Housing, and other Minor Technical Changes, Revisions, and Edits.

This project is exempt pursuant to the California Environmental Quality Act ("CEQA") in accordance with State CEQA Guidelines section 15061(b)(3), the “Common Sense” exemption. The common sense exemption applies where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

The proposed amendment does not result in any development or changes to the physical environment and does not raise this project to a level of significance that warrants CEQA analysis.

Attachments
Ord 5141

Page 1 of 2 ends

ORDINANCE NO. 5141

AN ORDINANCE TO AMEND SECTION 3.20.010, OF
CHAPTER 3.20 OF TITLE 3 OF THE EL CAJON MUNICIPAL CODE

RELATING TO ACQUISITION OF SERVICES, SUPPLIES, OR EQUIPMENT

THE CITY COUNCIL OF THE CITY OF EL CAJON DOES ORDAIN AS FOLLOWS:

SECTION 1. Subsection (C) of section 3.20.010 of Chapter 3.20 of Title 3 of the El Cajon Municipal Code is hereby repealed.

SECTION 2. A new subsection (C) of section 3.20.010 is hereby added to Chapter

3.20 of Title 3 of the El Cajon Municipal Code to read as follows:

C. Except as otherwise provided in subsection (D) , the bidding procedures of this chapter may be waived, and an open market acquisition, sale, or purchase pursuant to section 3.20.110 of this chapter may be authorized by:

1. The city manager, or his or her designee, for all
acquisitions, purchases, and sales not exceeding
seventy-five thousand dollars, when:

a. The commodity or service can be obtained from
only one source;

b. The commodity or service is required to match or
be compatible with other furnishings, material ,
services, or equipment presently on hand, and is
to be purchased from the supplier of such on -
hand items;

c. The city manager or city council has ordered a
standardized type or make of commodity; or

d. The city manager, or his or her designee,
determines that due to special circumstances, it
is in the city’s interest to waive the bidding
requirement;

2. The city manager, or his or her designee, for all
expenditures not involving a public project, when an
emergency requires that the commodity or services
must be obtained from the nearest available source;

3. The city manager, or his or her designee, when services, supplies, or equipment may be acquired from or in
cooperation with another governmental agency that is

Page 2 of 2 ends

acquiring or has acquired services, supplies or
equipment in a process that accomplishes the purposes
of this chapter;

4. The city manager, or his or her designee, when services, supplies, or equipment may be acquired under a
competitively-bid California state contract;

5. The city council, for all expenditures not involving a public project when any of the circumstances stated in
subsections (C)(1) through (C)(4) of this section exist, or when the city council determines that due to special
circumstances it is in the city’s interest to waive the bidding requirement; or

6. The city council, for all expenditures involving a public project over the limits established in subsections (A)(1) through (A)(3) of this section, or if authorized by the Public Contract Code, the Government Code, or by the
courts of this state.

SECTION 3. This ordinance shall go into effect thirty (30) days following its passage and adoption.

02/13/24 CC Agenda – 1st Reading
02/27/24 CC Agenda – 2nd Reading

Ord - Amend ECMC 3.20 – Bidding and Written Contracts 020624

City Council
Agenda Report
Agenda Item 23.

DATE: May 28, 2024
TO: City Clerk
FROM: City Attorney/General Legal Counsel
SUBJECT: Closed Session - Conference with Real Property Negotiators - pursuant to Government Code section 54956.8:

Property:

APN 487-331-22-00
425 W. Main Street

Negotiating Party
:

Jala, Inc.

Hitesh C. Patel, CEO

City Negotiators
:

City Manager
Assistant City Manager
City Attorney

Under Negotiation
:

Price and terms of payment for acquisition of property
RECOMMENDATION:

That the following Closed Session be scheduled for the Joint City Council / Housing Authority / Successor Agency to the El Cajon Redevelopment Agency meeting on Tuesday, May 28, 2024, at 3:00 p.m.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS – pursuant to Government Code section 54956.8.

Conference with real property negotiators is not a project subject to the California Environmental Quality Act (CEQA) because it is a procedural, administrative step in the process.

Morgan L. Foley
City Attorney/General Legal Counsel
MLF:hms
.!!!!_ Valley of Opportunity

El Cajon City CouncilMay 28, 2024

El Cajon City Council
May 28, 2024