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Agenda packet

El Cajon City Council
November 12, 2024

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Agenda packet
Meeting
November 12, 2024
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El Cajon City Council
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Time and Location
2nd and 4th Tuesday of each month. 3:00 PM
Council Chambers
200 Civic Center Way
El Cajon, CA 92020
Watch Online
elcajon.gov/videostreaming
or Facebook Live (comments are not monitored)
In-P
erson Comments
Members of the public may address the City Council/Agency Members on any item listed on the agenda, or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council, Housing Authority and Successor Agency to the El Cajon Redevelopment Agency.

Public comments are limited to three (3) minutes per person, per agenda item.

CLICK HERE for additional instruction on in-person comments.

Written Comments
Comments must be emailed to
[email protected] or mailed to the City Clerk at
200 Civic Center Way, El Cajon, CA 92020 and received by 4:00 pm the day prior to the City Council meeting for prompt distribution. Written public comments will be recorded in the public record and will be provided to the City Council in advance of the meeting for review.

Listening Devices and other Accomodations
ALDs are available from the City Clerk’s offi
ce. As required by the Americans
with Disabilities Act (ADA), requests for reasonable accommodations to facilitate meeting participation will be provided, please contact the City Clerk’s office at least two (2) working days prior to the meeting at 619.441.1763.

For more information, please contact the City Clerk’s office at 619.441.1763.

Business hours: Monday-Thursday, 7:30 a.m. to 5:00 p.m., and alternating Fridays from 8:00 a.m. to 5:00 p.m.

SIGN UP TO RECEIVE

FUTURE AGENDAS
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CITY COUNCIL

HOUSING AUTHORITY AND

SUCCESSOR AGENCY TO THE EL CAJON

REDEVELOPMENT AGENCY
Council Chamber
200 Civic Center Way
El Cajon, CA 92020
Agenda
NOVEMBER 12, 2024, 3:00 p.m.

Bill Wells, Mayor Graham Mitchell, City Manager
Steve Goble, Councilmember Vince DiMaggio, Assistant City Manager Gary Kendrick, Councilmember Morgan Foley, City Attorney Michelle Metschel, Councilmember Angela Cortez, City Clerk Phil Ortiz, Deputy Mayor
CALL TO ORDER: Mayor Bill Wells
ROLL CALL: City Clerk Angela Cortez

PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
POSTINGS: The City Clerk posted Orders of Adjournment of the October 22, 2024, Meeting and the Agenda of the November 12, 2024, Meeting in accordance to State Law and City Council/Housing Authority/Successor Agency to the Redevelopment Agency Policy.

PRESENTATIONS:

Proclamation: IT Professionals and GIS Day
AGENDA CHANGES:
~ Valley of opportunity
•

CONSENT ITEMS:

Consent Items are routine matters enacted by one motion according to the RECOMMENDATION listed below. With the concurrence of the City Council, a Council Member or person in attendance may request discussion of a Consent Item at this time.

1. Minutes of the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Meeting

RECOMMENDATION:

That the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency approves Minutes of the October 22, 2024, Meeting of the El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency.

2. Warrants
RECOMMENDATION:

That the City Council approves payment of Warrants as submitted by the Finance Department.

3. Approval of Reading Ordinances by Title Only
RECOMMENDATION:

That the City Council approves the reading by title and waives the reading in full of all Ordinances on the Agenda.

4. Continuation of Emergency for Storm Damage Repairs to Public Facilities

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, proclaiming the Continuation of Emergency for Storm Damage Repairs to Public Facilities.

5. Continuation of Emergency for Sewer System Repairs

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, proclaiming the Continuation of Emergency for Sewer System Repairs.

6. National Recreation and Park Association Million Coaches Challenge Grant Acceptance

RECOMMENDATION:

That the City Council accepts, appropriates, and expends the grant agreement funding from the National Recreation & Park Association (NRPA) Million Coaches Challenge for Youth Sports Coaches and Volunteers.

7. Contract Amendments for El Cajon Transit Center Community Improvements and Main

7. Contract Amendments for El Cajon Transit Center Community Improvements and Main Street - Green Street Gateway Improvements Construction Management Services

RECOMMENDATION:

That the City Council adopts the next Resolutions, in order, to approve amendments to increase the Public Works Contracts for construction management services with Project Professionals Corporation (PPC) for a one-year term, for:

El Cajon Transit Center Community Improvements (TCC) in the amount of $102,030; and

1. Main Street - Green Street Gateway Improvements (MSGS) in the amount of $120,606.

2. 8. Award of Bid No. 018-25 – ADA Concrete Improvements 2025

RECOMMENDATION:

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

Approve the Plans and Specifications for ADA Concrete Improvements 2025, Bid No. 018-25; and

1. (a) Find the low bidder non-responsive for the reason set forth in this agenda report; and (b) Award the bid to the lowest responsive, responsible bidder, Quality Construction & Engineering, Inc., in the not-to-exceed amount of $889,775, with the option to renew for four additional one-year periods.

2. 9. Rejection of Bid No. 017-25 – Unmanned Aircraft Systems (Drones)

RECOMMENDATION:

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

Find the first and second low bidders non-responsive for the reasons set forth in the agenda report; and

1. Reject all bids.2.

10. Contract Amendment for Bid No. 025-24 – Fiber Broadband Project

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, to increase compensation and working days for the Fiber Broadband Project Public Works contract with Baker Electric & Renewables, LLC (Baker) in the not-to-exceed amount of $285,352.23.

PUBLIC COMMENT:

At this time, any person may address a matter within the jurisdiction of the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency that is not on the Agenda. Comments relating to items on today’s docket are to be taken at the time the item is heard. State law prohibits discussion or action on items not on the Agenda; however, Council, Authority and Agency Members may briefly respond to statements or questions. An item may be placed on a future Agenda.

WRITTEN COMMUNICATIONS:

PUBLIC HEARINGS:

11. Public Hearing for Underground Utility District # 29 - S. Johnson Avenue

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, to create a new Underground Utility District (UUD) # 29 on South Johnson Avenue from West Main Street to El Cajon Blvd.

ADMINISTRATIVE REPORTS:

12. City Council Action Plan (2024) Update

RECOMMENDATION:

That the City Council receives the update and provides feedback.

13. Consider Amending Chapter 6 of the Municipal Code Pertaining to Dogs in the Superblock Area.

RECOMMENDATION:

Staff recommends that the City Council provide direction on a possible Municipal Code amendment. If an amendment is desired, to remove the prohibition on dogs in the Superblock area, a proposed ordinance to repeal section 6.12.150 in its entirety is available for first reading and introduction in the "First Reading of Ordinances" section of this agenda.

COMMISSION REPORTS:

ACTIVITIES REPORTS/COMMENTS OF MAYOR WELLS
SANDAG (San Diego Association of Governments) Board of Directors.

14. Council Activity Report

ACTIVITIES REPORTS/COMMENTS OF COUNCILMEMBERS:

15. 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.

16. COUNCILMEMBER GARY KENDRICK
METRO Commission/Wastewater JPA; Heartland Communications; Heartland Fire Training JPA.

17. COUNCILMEMBER MICHELLE METSCHEL
Harry Griffen Park Joint Steering Committee; METRO Commission/Wastewater JPA – Alternate; Heartland Communications – Alternate; Heartland Fire Training JPA – Alternate.

18. 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.

JOINT COUNCILMEMBER REPORTS:

GENERAL INFORMATION ITEMS FOR DISCUSSION:

ORDINANCES: FIRST READING

19. Introduction of Ordinance to amend El Cajon Municipal Code Chapter 6.12 of Title 6 regarding dogs in the Superblock Area of El Cajon by repealing section 6.12.150

RECOMMENDATION:

That the City Council:

Moves to introduce the next Ordinance, in order, to repeal section 6.12.150 of Chapter 6.12 of Title 6 of the El Cajon Municipal Code;

1. Directs the City Clerk to read the Ordinance by title only; and2.

Directs the second reading of the Ordinance to be placed on the December 10, 2024 City Council agenda.

3. 20. Introduction of Ordinance to Amend ECMC Chapter 8.32 – Regulation of Smoking and Secondhand Smoke in Certain Public Areas and Places of Employment, and Chapter

8.33 - Licensure of Tobacco Retailers

RECOMMENDATION:

That the City Council:

Moves to introduce the next Ordinance, in order; 1.

Directs the City Clerk to read the Ordinance by title only; and 2.

Directs the second reading of the Ordinance to be placed on the December 10, 2024 City Council agenda.

3. ORDINANCES: SECOND READING AND ADOPTION

CLOSED SESSIONS:

21. Closed Session - Conference with Legal Counsel - Existing Litigation - pursuant to paragraph (1) of subdivision (d) of Government Code section 54956.9: Anthony P.

Crum v. City of El Cajon, and Does 1-20, inclusive; Superior Court of California, County of San Diego;
Case No.: 24CU010745C

22. 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

23. Closed Session - Conference with Real Property Negotiators - pursuant to Government Code section 54956.8:

Property:

Parkway Plaza
APN 482-270-56-00
APN 482-270-35-00
APN 482-270-42-00
Negotiating Parties:

Star-West Parkway Mall LP
Penney Property Sub Holdings LLC
Star-West Parkway Mall LP

City Negotiators:

City Manager
Assistant City Manager
City Attorney

Under Negotiation:

Price and terms of payment for acquisition of property

ADJOURNMENT: The Regular Joint Meeting of the El Cajon City Council/El Cajon Housing Authority/Successor Agency to the El Cajon Redevelopment Agency held this 12th day of November 2024, is adjourned to Tuesday, December 10, 2024, at 3:00 p.m.

City Council
Agenda Report
Agenda Item 1.

DATE: November 12, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Angela Cortez, City Clerk
SUBJECT: Minutes of the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Meeting
RECOMMENDATION:

That the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency approves Minutes of the October 22, 2024, Meeting of the El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency.

Attachments
10-22-24DRAFTminutes - 3PM

Joint Meeting: El Cajon City Council/Housing Authority/ October 22, 2024 Successor Agency to the Redevelopment Agency - 196 - 3:00 p.m.

JOINT MEETING OF THE

EL CAJON CITY COUNCIL/HOUSING

AUTHORITY/SUCCESSOR AGENCY

TO THE EL CAJON

REDEVELOPMENT AGENCY

MINUTES

CITY OF EL CAJON

EL CAJON, CALIFORNIA

October 22, 2024

An Adjourned Regular Joint Meeting of the El Cajon City Council/Housing Authority/ Successor Agency to the El Cajon Redevelopment Agency, held Tuesday, October 22, 2024, was called to order by Mayor/Chair Bill Wells at 3:02 p.m., in the Council Chambers, 200 Civic Center Way, El Cajon, California.

R O L L C A L L
Council/Agencymembers present: Goble, Kendrick, and Metschel Council/Agencymembers absent: None
Deputy Mayor/Vice Chair absent: Ortiz
Mayor/Chair present: Wells
Other Officers present: Mitchell, City Manager/Executive Director DiMaggio, Assistant City Manager
Foley, City Attorney/General Counsel
Cortez, City Clerk/Secretary

PLEDGE OF ALLEGIANCE TO THE FLAG led by Mayor Wells and MOMENT OF SILENCE.

POSTINGS: The City Clerk posted Orders of Adjournment of the October 8 , 202 4, meeting and the Agenda of the October 22 , 202 4, meeting in accordance with State Law and El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Policy.

Tbe ValleyoJOpport1111ity

Joint Meeting: El Cajon City Council/Housing Authority/ October 22, 2024 Successor Agency to the Redevelopment Agency - 197 - 3:00 p.m.

PRESENTATIONS: None

AGENDA CHANGES: None

CONSENT ITEMS: (1 – 11)

MOTION BY WELLS , SECOND BY METSCHEL , to APPROVE Consent Items 1 to 11.

MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).

1. Minutes of El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Meetings

Approve Minutes of the October 8, 20 24, Meeting of the El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency.

2. Warrants

Approve payment of Warrants as submitted by the Finance Department.

3. Approval of Reading Ordinances by Title Only

Approve the reading by title and waives the reading in full of all Ordinances on the Agenda.

4. Continuation of Emergency for Storm Damage Repairs to Public Facilities

Adopt Resolution No. 156- 24, proclaiming the Continuation of Emergency for Storm Damage Repairs to Public Facilities.

5. Continuation of Emergency for Sewer System Repairs

Adopt Resolution No. 157- 24, proclaiming the Continuation of Emergency for Sewer System Repairs.

Joint Meeting: El Cajon City Council/Housing Authority/ October 22, 2024 Successor Agency to the Redevelopment Agency - 198 - 3:00 p.m.

CONSENT ITEMS: (Continued)

6. Central Zone Radio Grant Acceptance and Cost Share Approval

Adopt Resolution No. 158- 24, authorizing the City Manager or designee to accept El Cajon’s share of the Central Zone Radio Grant for 23 radios, approve the expenditure of cost share funds in the amount of $5,201, and to execute any documents and agreements necessary for receipt of the radios.

7. Authorization to Accept, Appropriate, and Expend the Energy Efficiency and Conservation Block Grant Program Funds

Adopt Resolution No. 159-24, to:

1. Authorize the City Manager, or designee, to execute any documents and agreements necessary to receive and use Energy Efficiency and Conservation Block Grant funds;

2. Accept, appropriate, and expend $155,020 from the Energy Efficiency and Conservation Block Grant (EECBG25) program; and

3. Appropriate the $155,020 of Energy Efficiency and Conservation Block Grant (EECBG25) funds to increase the Traffic Sig nals Upgrades 2025 Project (253853PWCP).

8. San Diego River Conservancy Direct Grant Program Funds for Broadway Creek Restoration Phase B

Adopt Resolution No. 160-24, to:

1. Authorize the City Manager, or designee, to execute the San Diego River Conservancy grant agreement and such other documents associated with this grant;

2. Accept, appropriate, and expend the $2,000,000 San Diego River Conservancy Grant (SDRGB2202); and

3. Appropriate the $2,000,000 San Diego River Conservancy Grant (SDRGB2202) and $200,00 0 of existing Wastewater Enterprise Fund (650740) funding to increase the Broadway Creek Restoration Phase B Project (223756PWCP) by $2,200,000.

9. Acceptance of the Neighborhood Streetlights 2022 Project (223742PWCP)

1. Accept the Neighborhood Streetlights 2022 Project (223742PWCP), Bid No. 011- 23; and

2. Authorize the City Clerk to record a Notice of Completion and release bonds in accordance with the contract terms.

Joint Meeting: El Cajon City Council/Housing Authority/ October 22, 2024 Successor Agency to the Redevelopment Agency - 199 - 3:00 p.m.

CONSENT ITEMS: (Continued)

10. 2024-2025 Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant

1. Authorize the City Manager or his designee to accept the California Office of Traffic Safety STEP Grant in the amount of $100,000 and to execute any grant documents and agreements necessary for the receipt and use of these funds; and

2. Appropriate and expend the California Office of Traffic Safety STEP Grant funds in the amount of $83,049 for overtime, $2,482 for training and travel, $3,269 for supplies, and $11,200 for a Lidar Device for a total grant award of $100,000.

11. Initiation of Zoning Code Amendments to Align with Recently Adopted State Laws, and Clarifications and Refinements to Existing Regulations

In accordance with El Cajon Municipal Code section 17.20.020(D), initiate an amendment of Title 17 (Zoning Code).

PUBLIC COMMENT:

Brenda Hammond spoke about ‘pop-up’ church events.

WRITTEN COMMUNICATIONS: None

PUBLIC HEARINGS: None

ADMINISTRATIVE REPORTS:

12. Reallocation of American Recovery Program Act Funds and Grant Agreements with the Chaldean Community Council, the Newcomers Support & Development, and the Downtown El Cajon Business Partners, Inc.

RECOMMENDATION:

That the City Council:

1. Adopts the next Resolution, in order, approving a grant agreement for an amount not to exceed $609,950 w ith the Chaldean Community Council for tenant improvements at 405 East Lexington Avenue;

Joint Meeting: El Cajon City Council/Housing Authority/ October 22, 2024 Successor Agency to the Redevelopment Agency - 200 - 3:00 p.m.

ADMINISTRATIVE REPORTS: (Item 12 – Continued)

2. Adopts the next Resolution, in order, approving a grant agreement for an amount not to exceed $150,000 with Newcomers Support & Development;

3. Adopts the next Resolution, in order, approving a grant agreement for a minimum of $300,000 with the Downtown El Cajon Business Partners for capital improvements to the downtown area; and

4. Accepts the proposed ARPA adjustments as follows:
• Re-allocate $5,771 from Emergency Wells Park Restroom Repairs (ARP18) to ARP25: “Downtown Public Space Enhancements”; • Re-allocate $609,950 from Economic Development (ARP08) to ARP20:
“Small Business Incubator”;
• Re-allocate $150,000 from ARP08 to ARP24: “Newcomers Support & Development”;
• Re-allocate the residual ARP08 funds to ARP25: “Downtown Public Space Enhancements”; and
• Re-allocate $68,000 from APR08 to ARP26: Fire Station Wellness.

DISCUSSION

City Manager Mitchell provided detailed information of the Item.

Discussion ensued among Council and Staff concerning the following:
• Funds not spent can only be used for existing projects; and • New contractors can be obtained, but again, only for approved projects.

Mohammed Tuama, representing the Newcomer s Support and Development group, spoke in support of the proposed grant agreement.

MOTION BY KENDRICK, SECOND BY METSCHEL, to ADOPT Resolution No. 161-24 to approv e a grant agreement for an amount not to exceed $609,950 with the Chaldean Community Counci l for tenant improvements at 405 East Lexington Avenue.

MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).

MOTION BY METSCHEL, SECOND BY KENDRICK, to ADOPT Resolution No. 162-24 to approve a grant agreement for an amount not to exceed $150,000 with Newcomers Support & Development.

MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).

Joint Meeting: El Cajon City Council/Housing Authority/ October 22, 2024 Successor Agency to the Redevelopment Agency - 201 - 3:00 p.m.

ADMINISTRATIVE REPORTS: (Item 12 – Continued)

MOTION BY GOBLE, SECOND BY METSCHEL, to ADOPT Resolution No. 163-24 to approve a grant agreement for a minimum of $300,000 with the Downtown El Cajon Business Partners for capital improvements to the downtown area.

MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).

MOTION BY GOBLE, SECOND BY METSCHEL, to RE-ALLOCATE $5,771 from Emergency Wells Park Restroom Repairs (ARP18) to ARP25:
“Downtown Public Space Enhancements”; Re -allocate $609,950 from Economic Development (ARP08) to ARP20: “Small Business Incubator”; Re-allocate $150,000 from ARP08 to ARP24: “Newcomers Support & Development”; Re -allocate the residual ARP08 funds to ARP25:
“Downtown Public Space Enhancements”; and Re-allocate $68,000 from APR08 to ARP26: Fire Station Wellness.

MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).

13. Summary of the 2024 State Legislative Session

RECOMMENDATION:

This is an informational item only. No action from the City Council is required.

DISCUSSION

Assistant City Manager DiMaggio provided detailed information of the Item.

Discussion ensued among Council and Staff regarding the possibility of not participating in the League of CA Cities in the future.

No public comments were received for the Item.

This was an informational Item only, no Motion is required.

Remainder of page intentionally left blank.

Joint Meeting: El Cajon City Council/Housing Authority/ October 22, 2024 Successor Agency to the Redevelopment Agency - 202 - 3:00 p.m.

ADMINISTRATIVE REPORTS: (Continued)

14. Annual Report from the Downtown El Cajon Business Partners and Property - Based Improvement District (PBID) Considerations

RECOMMENDATION:

That the City Council:

1. Considers receiving the 2024 Annual Report from the Downtown El Cajon Business Partners;

2. Receives an update on progress made towards recommendations from the New City America report from February 13, 2024; and

3. Provides feedback on possible action related to the Property-Based Improvement District (PBID).

DISCUSSION

City Manager Mitchell provided detailed information of the Item.

Discussion ensued among Council and Staff concerning the following:
• Changes to the revenue from assessments;
• Consideration to not renewing the PBID;
• Changing the management structure of the PBID;
• Considering another venue in the city for the car show; • Expanding the boundaries of the PBID;
• Adding more restaurants to the downtown area;
• Local businesses expressed dissatisfaction with the weekly car show, as it affects their clients negatively;
• Request for a workshop to discuss options for the PBID; • Advertisement for the car shows needs to be more enticing; and • Concern for how the management of the car show is operated.

Cathy Zeman spoke about educating the local shop owners to discuss how to take advantage of the influx of patrons attending the car shows. Ms. Zeman spoke in support of adding more restaurants to the downtown area, and does not support bringing in a different management group, as it would take power away from the local businesses.

No Motion was given for the Item.

15. Mayor and City Council Cafeteria Benefits Review

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, adjusting the cafeteria benefit allotment from $1,450 per month to $1, 550 per month, effective January 2025, for Mayor and City Councilmembers.

Joint Meeting: El Cajon City Council/Housing Authority/ October 22, 2024 Successor Agency to the Redevelopment Agency - 203 - 3:00 p.m.

ADMINISTRATIVE REPORTS: (Item 15 - Continued)

DISCUSSION

Human Resources Director, Marisol Thorn, provided detailed information of the Item.

No public comments were received for the Item.

MOTION BY WELLS, SECOND BY KENDRICK, to ADOPT Resolution No. 164-24 to adjust the cafeteria benefit allotment from $1,450 per month to $1,550 per month, effective January 2025, for Mayor and City Councilmembers.

MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).

COMMISSION REPORTS: None

ACTIVITIES REPORTS/COMMENTS OF MAYOR WELLS:

SANDAG (San Diego Association of Governments) Board of Directors.

16. Council Activities Report/Comments

Report as submitted.

ACTIVITIES REPORTS OF COUNCILMEMBERS:

17. COUNCILMEMBER STEVE GOBLE
MTS (Metropolitan Transit System Board); East County Advance d Water Purification Joint Powers Authority Board; Chamber of Commerce – Government Affairs Committee; SANDAG – Board of Directors – Alternate; SANDAG Publi c Safety Committee – Alternate.

Council Activities Report/Comments.

Report as submitted.

Remainder of page intentionally left blank.

Joint Meeting: El Cajon City Council/Housing Authority/ October 22, 2024 Successor Agency to the Redevelopment Agency - 204 - 3:00 p.m.

ACTIVITIES REPORTS OF COUNCILMEMBERS: (Continued)

18. COUNCILMEMBER GARY KENDRICK
METRO Commission/Wastewater JPA; Heartland Communicatio ns; Heartland Fire Training JPA.

Council Activities Report/Comments.

Report as submitted.

19. COUNCILMEMBER MICHELLE METSCHEL
Harry Gri ffen Park Joint Steering Committee; Heartland Communications – Alternate; Heartland Fire Training JPA – Alternate; METRO Commission/Wastewater JPA – Alternate.

Council Activities Report/Comments.

In addition to the submitted report, Councilmember Mets chel spoke about upcoming improvements to the Harry Griffen Park, and expectations for the City to make financial contributions.

An Item will be added to a future agenda to discuss the City’s role in the Joint Steering Committee.

20. 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.

Council Activities Report/Comments.

Report as submitted.

JOINT COUNCILMEMBER REPORTS: None

GENERAL INFORMATION ITEMS FOR DISCUSSION: None

ORDINANCES: FIRST READING - None

Joint Meeting: El Cajon City Council/Housing Authority/ October 22, 2024 Successor Agency to the Redevelopment Agency - 205 - 3:00 p.m.

ORDINANCES: SECOND READING AND ADOPTION - None

CLOSED SESSIONS:

RECOMMENDATION: That the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency adjourns to Closed Session as follows:

21. Closed Session - Conference with Legal Counsel - Existing Litigation - pursuant to paragraph (1) of subdivision (d) of Government Code section 54956.9: Robert Farren v. City of El Cajon; WC Claim No. 24000956

22. Closed Session - Public Employee Performance Evaluation: City Manager

MOTION BY WELLS, SECOND BY METSC HEL, to ADJOURN to Closed Session at 4:47 p.m.

MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (ORTIZ – Absent).

RECONVENED to Open Session at 5:00 p.m.

City Attorney Foley reported the following actions:

21. Direction given to Workers Comp Group.

22. No reportable action taken.

Adjournment: Mayor Wells adjourned the Adjourned Regular Joint Meeting of the El Cajon City Council/ Housing Authority/Successor Agency to the El Cajon Redevelopment Agency held this 22 nd day of October , 2024, at 5:01 p.m., to Tuesday, November 12, 2024, at 3:00 p.m.

______________________
ANGELA L. CORTEZ, CMC
City Clerk/Secretary
City Council
Agenda Report
Agenda Item 4.

DATE: November 12, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Yazmin Arellano, Director of Engineering Services SUBJECT: Continuation of Emergency for Storm Damage Repairs to Public Facilities RECOMMENDATION:

That the City Council adopts the next Resolution, in order, proclaiming the Continuation of Emergency for Storm Damage Repairs to Public Facilities.

BACKGROUND:

This report provides an update on the Emergency Storm Damage Repairs to public facilities incurred by our City due to recent storms. On February 15, 2024, the City Manager declared an emergency for immediate repairs to protect surrounding property, maintain the integrity of critical stormwater infrastructure, and preserve life and safety. On February 27, 2024, the City Council ratified the City Manager's Declaration and established a Declaration of Emergency with Resolution No. 021-24. The following is an overview of actions taken and next steps:

Stormwater Channels - COMPLETED
On March 27, 2024, Jimenez Inc. dba MJC Construction (MJC Construction) completed the concrete channel bottom and wall repairs on the County Channel and Forester Creek. The repairs included water diversion and the removal and replacement of steel-reinforced concrete.

The initial anticipated cost estimate for repairs was $200,000. With all the work completed, the final amount was $150,000.

Collapsed Trees - COMPLETED
West Coast Arborist completed the removal of a collapsed tree on Avocado Avenue and a tree obstructing the natural storm channel along the east side of Avocado Avenue. The estimated cost for removal was $10,000, with the final cost being $11,281.25.

Slope Erosion - IN PROCESS
On March 12, 2024, Kleinfelder, a geotechnical engineering company, visited the site to observe the slide area. The geologist completed the geologic mapping of the western slope of Avocado Avenue north of Skywood Drive and provided preliminary recommendations on addressing the slope erosion. The recommendations included methods to mitigate the existing slope erosion, including digging back the upper ten feet of the slope to a shallower gradient, removing overhangs and vertical slope sections, and installing a catchment structure along the slope toe to impede or slow any failed material. Staff coordinated the work to remove immediate hazards with contractors experienced with slope remediation techniques. .!!!!_ Valley of opportunity
~ ~ ~
C'o ~ '\.o,
"'Poratel\
Montano Pipeline completed the work associated with the upper slope area (digging back to a shallower gradient) on April 30, 2024. The approximate cost for this work was $262,656.

Kleinfelder performed the catchment structure design. A sonic core drilling subcontractor performed work on May 15 and 16, 2024. The data generated from the sonic core drilling subcontractor allowed Kleinfelder to specify the type, length, and spacing/layout of the rock anchors for the rock netting mitigation system. Geotechnical engineering design and inspection work is estimated to cost $225,000. Kleinfelder completed the design of the catchment structure, and Montano Pipeline is currently installing the catchment structure at an approximate cost of $607,360.

A professional Land Surveying consultant marked the City of El Cajon's slope-and-drainage easement, recorded in 1973, and confirmed the jurisdictional boundaries. The #2 southbound lane of Avocado Avenue remains closed to traffic. Initially, there were some assumptions that several private property owners had liability in the slope failure. However, after further investigation, it is apparent that the City will bear responsibility for repair and mitigation measures. Surveying work is estimated to cost $15,000.

The completion of this project is estimated to be toward the end of November 2024.

Wells Park Baseball Dugouts - COMPLETED
The Wells Park dugout roofs on the baseball fields collapsed during the storm due to heavy rain and moisture. Staff coordinated the structural design and replacement of both structures with MJC Construction. The contractor completed the demolition of both structures. Both structures were pushed out to avoid new conflicts with an existing water line. The cost to replace both structures at the new location was $53,687.

On March 12, 2024, City staff attended a mandatory meeting regarding authorized California Disaster Assistance Act (CDAA) funding for San Diego County for the January 2024 Winter Storm to help impacted communities recover from the event. City staff submitted the necessary documentation to apply for reimbursement utilizing the CDAA Program. If it is determined that our emergency expenditures are eligible costs, Cal OES will reimburse the City for up to 75% of eligible repair work costs related to this emergency.

In June 2024, the City received three letters of approval from Cal OES, approving the 75% reimbursement for the completed work on the stormwater channels, collapsed trees, the purchase of sand/sandbags, and an administration allowance. Staff submitted the reimbursement request for the dugouts on August 28, 2024. Staff will submit the pending reimbursement request after the slope repair work is completed.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

Emergency repairs to publicly-owned service facilities necessary to maintain service essential to the public health, safety, or general welfare are exempt from the California Environmental Quality Act ("CEQA") pursuant to section 15269(b) (Emergency Projects) of the State CEQA Guidelines.

FISCAL IMPACT:

Sufficient funds are available in the Fiscal Year 2024-25 budget in Wastewater Maintenance (650720) and Wastewater NPDES (650740) for the remaining anticipated repair costs of $900,000. The expected total cost for this emergency is approximately $1,325,000.

Prepared By: Yazmin Arellano, Engineering Services Department Director Reviewed By: Vince DiMaggio, Assistant City Manager
Approved By: Graham Mitchell, City Manager
Attachments
Resolution

Page 1 of 2 ends

RESOLUTION NO. ___-24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EL CAJON PROCLAIMING THE

CONTINUATION OF EMERGENCY FOR STORM DAMAGE REPAIRS

WHEREAS, the El Cajon City Council ("City Council") is authorized under section 8630 of the California Government Code to proclaim the existence of a local emergency when conditions exist within the jurisdiction of the City of El Cajon (the "City") which pose an extreme peril to public health, safety and life; and

WHEREAS, section 8.08.060 of the El Cajon Municipal Code empowers the City Council to proclaim a local emergency when the City is affected or likely to be affected by a public calamity; and

WHEREAS, after the discovery of storm-caused damage in three (3) locations in Forester Creek and damage at another location of a storm drain channel north of Johnson Avenue (the "County Channel"); fallen and damaged trees on, and erosion on the western slope of, Avocado Avenue, north of Skywood Drive (adjoining City limits to the west); and later discovered collapsed dugout roofs at the Wells Park baseball fields, the City Manager declared an emergency on February 15, 2024; and

WHEREAS, while the repairs to the County Channel, the removal of fallen and damaged trees on Avocado Avenue, the repairs to the channel bottom of Forester Creek, and the Wells Park baseball dugouts have been completed, repairs to the slope erosion to the western slope of Avocado Avenue remain ongoing, and it is necessary for the City Council to again ratify the City Manager’s proclamation of emergency on February 15, 2024, as ratified by the City Council on February 27, 2024, by Resolution No. 021-24; on March 12, 2024, by Resolution No. 024-24; on March 26, 2024, by Resolution No. 030- 24; on April 9, 2024, by Resolution No. 035-24; on April 23, 2024, by Resolution No. 037- 24; on May 14, 2024, by Resolution No. 046-24; on May 28, 2024, by Resolution No. 070- 24; on June 11, 2024 , by Resolution No. 080- 24; on June 25, 2024 by Resolution No. 089-24; on July 9, 2024 by Resolution No. 102-24; on July 23, 2024, by Resolution No. 107-24; on August 13, 2024 by Resolution No. 117 -24; on September 10, 2024 by Resolution No. 136-24; on September 24, 2024 by Resolution No. 146-24; on October 8, 2024 by Resolution No. 152-24; and on October 22, 2024 by Resolution No. 156-24.

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

1. That the foregoing recitals are true and correct, and are the findings of the City Council.

2. That in adopting Resolution No. 021- 24, the Cit y Council approved an exemption from further environmental review under section 15269(b) (Emergency Projects) of California Environmental Quality Act ( "CEQA") Guidelines, and authorized staff to file a notice of exemption for this emergency project.

Page 2 of 2 ends

3. That the City Council hereby proclaims the continuation of the local emergency for storm damage repairs.

4. That the City Manager, or such person designated by the City Manager, is authorized and directed to apply for, and execute such documents required to establish eligibility to, reimbursement of storm repair work in accordance with such state and federal disaster relief programs established to assist local governments following the January 2024 Winter Storm, including, but not limited to, the California Disaster Assistance Act through the Governor's Office of Emergency Services.

5. That the local emergency shall be deemed t o continue to exist until termination is proclaimed by the City Council of the City of El Cajon.

11/12/24 CC Agenda
Reso - Proclaiming Emergency Continuation #16 for Storm Damage Repairs 102924 City Council
Agenda Report
Agenda Item 5.

DATE: November 12, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Yazmin Arellano, Director of Engineering Services SUBJECT: Continuation of Emergency for Sewer System Repairs RECOMMENDATION:

That the City Council adopts the next Resolution, in order, proclaiming the Continuation of Emergency for Sewer System Repairs.

BACKGROUND:

This report provides an update on the Emergency Sewer System Repairs of the sewer pipe running north up Graves Avenue from Beech Street to Lloyd Street, passing under Interstate 8.

On May 29, 2024, the City Manager declared an emergency, recognizing the potential public health and environmental impacts, risks to existing utilities and infrastructure, private property, and potential impacts on freeway travel. On June 11, 2024, the City Council ratified the City Manager's declaration and established a Declaration of Emergency with Resolution No. 087-24.

On June 25, 2024, the City Council proclaimed the continuation of emergency repairs to the sewer system with Resolution No. 093-24.

The following is an overview of actions taken and next steps:

City staff immediately contracted with A1 Total Service Plumbing (A1) upon the Declaration of Emergency. A1's assessment determined that the top portion of the pipe's liner had failed, causing the liner to fold inward and reduce the pipe's capacity by over 80%. The recommended repair method was to use a robotic cutter to remove the failed liner and replace it with a new one. During the liner removal operation, A1's equipment was compromised by a partial collapse of pipe and soil on the northern portion of the pipe closer to Lloyd Street, impeding the rehabilitation of the existing sewer pipeline. A1's approximate cost was $1,060,000, and it included around-the-clock sewer bypass operations until June 29, 2024.

Staff coordinated with Caltrans, Ardurra Engineering, and Rove Engineering Construction Company (Rove) for the installation of a parallel sewer pipeline across Interstate 8. Ardurra Engineering's support services proposal was $65,000, and Rove's proposal was $1,972,491 to bore a steel-encased sewer pipeline within Caltrans' right-of-way and provide 24-hour sewer and stormwater bypass services.

The contractor completed the installation of the new steel-encased sewer pipeline across Interstate 8. The pipe is now active, and all bypass equipment and traffic control have been removed from City streets. The contractor abandoned the existing collapsed sewer pipeline.

Caltrans approved the pipe abandonment methods, as most of this pipeline is located within .!!!!_ Valley of opportunity
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Caltrans' right of way. Pipe abandonment methods included filling the existing pipeline with a slurry cement mix and injecting compaction grout at void locations. The contractor's proposal did not include the pipe abandonment and compaction grout injection required by the Caltrans permit. All work was completed on October 31, 2024, requiring two separate closures of two freeway onramps and one travel lane along I-8. The first closure lasted 56 hours for the compaction grout injection, and the second closure occurred overnight to complete the ramp striping. Staff is working with the contractor to obtain final invoices to prepare a Council staff report to pass a resolution to end this emergency.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

Emergency repairs to publicly-owned service facilities necessary to maintain service essential to the public health, safety, or general welfare are exempt from the California Environmental Quality Act ("CEQA") pursuant to section 15269(b) (Emergency Projects) of the State CEQA Guidelines.

FISCAL IMPACT:

Sufficient funds are available in the Fiscal Year 2024-25 budget in Wastewater Maintenance (650720) for the remaining anticipated repair costs of $2,550,000. The expected total cost for this emergency is approximately $3,610,000.

Prepared By: Yazmin Arellano, Director of Public Works
Reviewed By: Vince DiMaggio, Assistant City Manager
Approved By: Graham Mitchell, City Manager
Attachments
Resolution

Page 1 of 2 ends

RESOLUTION NO. -24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EL CAJON PROCLAIMING THE

CONTINUATION OF EMERGENCY FOR SEWER SYSTEM REPAIRS

WHEREAS, the El Cajon City Council ("City Council") is authorized under section 8630 of the California Government Code to proclaim the continuing existence of a local emergency when conditions exist within the jurisdiction of the City of El Cajon (the "City") which pose an extreme peril to public health, safety and life; and

WHEREAS, section 8.08.060 of the El Cajon Municipal Code empowers the City Council to proclaim a local emergency when the City is affected or likely to be affected by a public calamity; and

WHEREAS, in response to a sewer monitoring alarm on Monday, May 27, 2024, City staff immediately contacted A1 Total Service Plumbing ("A1") to assess the damage, and it was determined that the sewer pipe running north up Graves Avenue from Beech Street to Lloyd Street, passing under Interstate 8, had failed; and

WHEREAS, recognizing the potential health and environmental impacts, the City Manager declared an emergency on May 29, 2024; and

WHEREAS, while the sewer system repairs remain ongoing, it is necessary for the City Council to again ratify the City Manager’s proclamation of emergency on May 29, 2024, as ratified by the City Council on June 11, 2024, by Resolution No. 087-24; on June 25, 2024, by Resolution No. 093-24; on July 9, 2024 by Resolution N o. 103-24; on July 23, 2024 by Resolution No. 108-24, on August 13, 2024 by Resolution No. 118- 24; on September 10, 2024 by Resolution No. 137- 24; on September 24, 2024 by Resolution No. 147- 24, on October 8, 2024 by Resolution No. 153- 24 and on October 22 by Resolution No. 157-24.

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

1. That the foregoing recitals are true and correct, and are the findings of the City Council.

2. That in adopting Resolution No. 087 -24, the City Council approved an exemption from further environmental review under section 15269(b) (Emergency Projects) of California Environmental Quality Act Guidelines, and authorized staff to file a notice of exemption for this emergency project.

3. That during the existence of sai d local emergency, the powers, functions, and duties of the Director of Emergency Services and the Disaster Council of this City shall be those prescribed by state law, ordinances, and resolutions of this City and by the City of El Cajon Emergency Plan.

Page 2 of 2 ends

4. That the City Manager, or such person designated by the City Manager, is authorized and directed to apply for, and execute such documents required to establish necessary and continuing repairs of the City's sewer system.

5. That the local emergency shall be deemed t o continue to exist until termination is proclaimed by the City Council of the City of El Cajon.

11/12/24 CC Agenda
Reso - Proclaiming Emergency Continuation #8 for Sewer System Repairs 102924 City Council
Agenda Report
Agenda Item 6.

DATE: November 12, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Adam Tronerud, Director of Parks & Recreation
SUBJECT: National Recreation and Park Association Million Coaches Challenge Grant Acceptance
RECOMMENDATION:

That the City Council accepts, appropriates, and expends the grant agreement funding from the National Recreation & Park Association (NRPA) Million Coaches Challenge for Youth Sports Coaches and Volunteers.

BACKGROUND:

The National Recreation & Park Association (NRPA) has awarded the City of El Cajon Parks & Recreation Department $2,500 to provide training to staff, coaches, and volunteers working with youth in partnership with Positive Coaching Alliance. Through the Million Coaches Challenge, NRPA is partnering with leading national training providers to ensure park and recreation agencies have access to no-cost, high-quality training programs through July 31, 2025. Staff recommends using the funds to train City staff that serve as recreation coaches and then make training available to coaches associated with the leagues that participate on the City's Recreation Council. The primary location of these services would be on-line.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The acceptance, appropriation and expenditure of grant funds for training purposes is not subject to the California Environmental Quality Act ("CEQA"). It is exempt pursuant to State CEQA Guidelines sections 15321(b) and 15378(b)(5).

FISCAL IMPACT:

Grant funding in the amount of $2,500 will be deposited in the Recreation Grant Fund (245680 Project COACHTRAIN) and expenditures will be taken from that same account. Additionally, appropriations will be increased accordingly for this account. The grant funding will pay for all staff time to attend training.

Prepared By: Heather Carter, Parks and Recreation Manager Reviewed By: Adam Tronerud, Director of Parks & Recreation Approved By: Graham Mitchell, City Manager
.!!!!_ Valley of opportunity
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City Council
Agenda Report
Agenda Item 7.

DATE: November 12, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Mara Romano, Purchasing Agent
SUBJECT: Contract Amendments for El Cajon Transit Center Community Improvements and Main Street - Green Street Gateway Improvements Construction Management Services
RECOMMENDATION:

That the City Council adopts the next Resolutions, in order, to approve amendments to increase the Public Works Contracts for construction management services with Project Professionals Corporation (PPC) for a one-year term, for:

El Cajon Transit Center Community Improvements (TCC) in the amount of $102,030; and1.

Main Street - Green Street Gateway Improvements (MSGS) in the amount of $120,606.2.

BACKGROUND:

The TCC and the MSGS projects aim to create visually unified street spaces and a welcoming image, making it easier to travel by foot, bicycle, and public transportation in the El Cajon Transit Specific Plan area.

On July 26, 2022, the City Council authorized the City Manager to enter into agreements for construction management services with PPC to provide plans and specifications review, construction management, and inspection services funded by SANDAG Smart Growth Incentive Program funds.

On March 26, 2024, the City Council authorized the City Manager to execute an amendment to the TCC agreement in the not-to-exceed amount of $135,801.51 through September 2024.

Construction of El Cajon Boulevard Streetscape (aka TCC) is projected to continue through December of this year. The construction phase began in February 2023 and was originally targeted for completion by March 2024. Accordingly, the agreement was extended by first amendment to the agreement. Staff is requesting an increase in compensation to PPC in the amount of $102,030, which will address additional time required for construction management and inspection services.

Additionally, construction of MSGS is projected to continue through December of this year. The construction phase began in July 2023 and was originally targeted for completion by April 2024.

Staff is requesting an increase in compensation to PPC in the amount of $120,606, which will address additional time required for inspection services. .!!!!_ Valley of opportunity
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CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The City Council approved the El Cajon Boulevard Streetscape Project on July 26, 2022, and the Main Street - Green Street Gateway Project on October 11, 2022, each in accordance with the El Cajon Transit District Specific Plan Final Program EIR (SCH No. 2017041047). The proposed increase in project management funding does not require further CEQA review.

FISCAL IMPACT:

Approval of the $102,030 increase will supplement the TCC contract, for a total not-to-exceed amount of $557,035.51. Sufficient TransNet funds are available in Fiscal Year 2024-25 Annual Budget: El Cajon Transit Center Community Improvements (203690PWCP).

Approval of the $120,606 increase will supplement the MSGS contract, for a total not-to-exceed amount of $284,938. Sufficient TransNet funds are available in Fiscal Year 2024-25 Annual Budget: Main Street – Green Street Gateway Improvements (203691PWCP).

Prepared By: Mara Romano, Purchasing Agent
Reviewed By: Yazmin Arellano, Director of Engineering Services Approved By: Graham Mitchell, City Manager
Attachments
Reso - El Cajon Transit Center
Reso - Main Street-Green Street

Page 1 of 2 ends

RESOLUTION NO. ___-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CAJON

APPROVING AMENDMENT OF A PUBLIC WORKS CONTRACT

FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE

EL CAJON TRANSIT CENTER COMMUNITY IMPROVEMENTS PROJECT

WHEREAS, on July 26, 2022, the City Council authorized t he City Manager to enter into a public works contract for construction management services with Project Professionals C orporation to provide plans and specifications review, construction management, and inspection services in the not-to-exceed amount of $319,204.00 (the "Contract") for the El Cajon Transit Center Community Improvements project (the "Project") in order to create visually unified street spaces and a welcoming image, making it easier to travel by foot, bicycle, and public transportation in the El Cajon Transit Specific Plan area; and

WHEREAS, the Project is funded by the SANDAG Smart Growt h In centive Program grant funds; and

WHEREAS, construction of the Project began in February 2023, and was originally targeted for completion by March 2024; and

WHEREAS, on March 26, 2024, the City Council approved an amendment to the Contract to provide additional compensation of $135,801.51 for the Project, through September 2024; and

WHEREAS, due to additional time necessary for construction management and inspection services, the Project is now anticipated to be completed in December 2024; and

WHEREAS, staff is requesting an increase in the amount of $1 02,030.00, for a total not-to-exceed amount of $557,035.51, and sufficient funds are available in Fiscal Year 2024- 25 Annual Budget: El Cajon Transit Center Community Improvements (203690PWCP); and

WHEREAS, the City Council approved the El Cajon Boulevard Streetscape Project on July 26, 2022, in accordance with the El Cajon Transit District Specific Plan Final Program EIR (SCH No. 2017041047), and the proposed increase in project management funding does not r equire further California Environmental Quality Act ("CEQA") review; and

WHEREAS, the City Council believes it to be in the City's best interest to extend the term of the Contract through December 31, 2024, and approve additional compensation in the amount of $102,030.00 for the Project, for a total not -to-exceed amount of $557,035.51.

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 City Council hereby determines that the Project does not require further CEQA review as it was previously approved the El Cajon Boulevard Streetscape Project on July 26, 2022, in accordance with the El Cajon Transit District Specific Plan Final Program EIR (SCH No. 2017041047).

3. The City Council hereby approves amendment of the Contract to extend the Contract through December 31, 2024, and to provide additional compensation of $102,030.00 for the Project, as requested by staff, for a total not-to-exceed amount of $557,035.51.

4. The City Council hereby authorizes the City Manager to execute an amendment to the Contract, with such changes as may be approved by the City Manager.

11/12/24 CC Agenda
Reso – Amend #2 Project Professionals Corp Contract (EC Transit Ctr Comm Imprvmts) 110524

Page 1 of 2 ends

RESOLUTION NO. ___-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CAJON

APPROVING AMENDMENT OF A PUBLIC WORKS CONTRACT

FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE
MAIN STREET – GREEN STREET GATEWAY IMPROVEMENTS PROJECT

WHEREAS, on July 26, 2022, the City Council authorized t he City Manager to enter into a public works contract for construction management services with Project Professionals C orporation to provide plans and specifications review, construction management, and inspection services in the not-to-exceed amount of $164,332.00 (the "Contract") for the Main S treet – Green Street Gateway Improvements project (the "Project") in order to create visually unified street spaces and a welcoming image, making it easier to travel by foot, bicycle, and public transportation in the El Cajon Transit Specific Plan area; and

WHEREAS, the Project is funded by the SANDAG Smart Growt h Incentive Program grant funds; and

WHEREAS, c onstruction of the Project began in July 2023, and was originally targeted for completion by April 2024; and

WHEREAS, due to additional time necessary for inspection services, the Project completion date is now anticipated to be in December 2024; and

WHEREAS, staff is requesting an increase in t he amount of $1 20,060.00, for a total not-to-exceed amount of $284,938.00 , and sufficient funds are available in Fiscal Year 2024- 25 Annual Budget: Main Street – Green Street Gateway Improvements (203691PWCP); and

WHEREAS, the City Council approved the El Cajon Boulevard Streetscape Project on July 26, 2022, in accordance with the El Cajon Transit District Specific Plan Final Program EIR (SCH No. 2017041047), and the proposed increase in project management funding does not require further California Environmental Quality Act ("CEQA") review; and

WHEREAS, the City Council believes it to be in the City's best interest to extend the term of the Contract through December 31, 2024, and approve additional compensation in the amount of $120,606.00 for the Project, for a total not -to-exceed amount of $284,938.00.

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

1. The above recitals are true and correct, and are the findings of the City Council.

2. The City Council hereby determines that the Project does not require further CEQA review as it was previously approved the El Cajon Boulevard Streetscape Project

Page 2 of 2 ends

on July 26, 2022, in accordance w ith the El Cajon Transit District Specific Plan Final Program EIR (SCH No. 2017041047).

3. The City Council hereby approves amendment of the Contract to extend the term of the Contract through December 31, 2024, and to provide additional compensation of $120,606.00 for the Project, as requested by staff, for a total not-to-exceed amount of $284,938.00.

4. The City Council hereby authorizes the City Manager to execute an amendment to the Contract, with such changes as may be approved by the City Manager.

11/12/24 CC Agenda
Reso – Amend Project Professionals Corp Contract (Main St-Green St Gateway Impvmts) 110524

City Council
Agenda Report
Agenda Item 8.

DATE: November 12, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Mara Romano, Purchasing Agent
SUBJECT: Award of Bid No. 018-25 – ADA Concrete Improvements 2025 RECOMMENDATION:

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

Approve the Plans and Specifications for ADA Concrete Improvements 2025, Bid No. 018-25; and

1. (a) Find the low bidder non-responsive for the reason set forth in this agenda report; and (b) Award the bid to the lowest responsive, responsible bidder, Quality Construction & Engineering, Inc., in the not-to-exceed amount of $889,775, with the option to renew for four additional one-year periods.

2. BACKGROUND:

The ADA Concrete Improvements 2025 includes pedestrian curb ramps, sidewalks, curbs, gutters, cross gutters, and other concrete improvements. The bid includes an opportunity for the City to renew the contract for up to four optional one-year terms.

The bid was advertised on September 6, 2024. The City received nine responses on October 8, 2024, and the top five lowest responses were evaluated. A bid summary is attached, and proposals are on file in the Purchasing Division.

Bid bonds are required to have the principal's original signature as it binds the contractor to their bid and is in accordance with California Code of Regulations 11 CCR § 50.10, as adopted by the State of California, Department of Insurance. The bid bond submitted by the apparent low bidder, RAC Construction & Engineering, Inc., was not signed by the bidder, making its bid non-responsive.

Staff recommends the City Council adopt resolutions to:
(1) Approve the plans and specifications for the project; (2) (a) Find the low bidder non-responsive for the reason cited above; and (b) Award the bid to the lowest responsive, responsible bidder, Quality Construction & Engineering, Inc., in the not-to-exceed amount of $889,775. .!!!!_ Valley of opportunity
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CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed ADA improvements are exempt from the provisions of the California Environmental Quality Act ("CEQA"). In accordance with State CEQA Guidelines section 15301(c)(3), such improvements are not subject to CEQA.

FISCAL IMPACT:

The fiscal impact for the initial one-year term is $889,775. Sufficient funds are available in the Fiscal Year 2024-25 ADA Concrete Improvements 2025 (253845PWCP) project. Subsequent four-year costs are estimated to total $4,542,390.35, based on a projected increase of 10% annually.

Prepared By: Mara Romano, Purchasing Agent
Reviewed By: Yazmin Arellano, Director of Engineering Services Approved By: Graham Mitchell, City Manager
Attachments
Reso - Approve Plans & Specs
Reso - Award of Bid
Bid Summary - 018-25

Page 1 of 2 ends

RESOLUTION NO. ___-24

RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR
ADA CONCRETE IMPROVEMENTS 2025
(Bid No. 018-25)

WHEREAS, the Director of Engineering Services has submitted plans and specifications for Bid No. 018-25 ADA Concrete Improvements 2025 (the "Project"); and

WHEREAS, it appears to be in the best interests of the City of El Cajon that the plans and specifications for the Project should be approved.

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

1. That the plans and specifications for the Project submitted by the Director of Engineering Services are hereby approved and adopted as the official plans and specifications for said Project.

2. Said plans and specifications are directed to be filed i n the office of the Director of Engineering Services of the City of El Cajon.

11/12/24 CC Agenda
Reso – Bid 018-25 – ADA Concrete Improvements 2025 - Approve Plans & Specs 103024

Page 1 of 2 ends

RESOLUTION NO. __-24

RESOLUTION AWARDING BID FOR
ADA CONCRETE IMPROVEMENTS 2025
(Bid No. 018-25)

WHEREAS, the ADA Concrete Improvements 2025 project (the "Project") includes pedestrian curb ramps, sidewalks, curbs, gutters, cross gutters, and other concrete improvements; and

WHEREAS, Bid No. 018-25 (the "Bid") was advertised on September 6, 2024, and includes a one- year term with the option to renew for up to four additional one- year periods; and

WHEREAS, the City received nine responses on October 8, 2024, and the top five lowest responses were evaluated by City staff; and

WHEREAS, bid bonds are required to have the principal's original signature as it binds the contractor to their bid, in accordance with California Code of Regulations 11 CCR § 50.10, as adopted by the State of California, Department of Insurance; and

WHEREAS, the bid bond submitted by the apparent low bidder, RAC Construction & Engineering, Inc., was not signed by the bidder, and was therefore deemed non- responsive; and

WHEREAS, staff recommends that the City Council awards the bid to the lowest responsive, responsible bidder, Quality Construction & Engineering, Inc. ("QCEI"), in the not-to-exceed amount of $889,775; and

WHEREAS, the fiscal impact of the Project is $889,775, and sufficient funds are available in the Fiscal Year 2024-25 ADA Concrete Improvements 2025 (253845PWCP) project, with subsequent four -year costs estimated to total $4,542,390.35, based on a projected increase of 10% annually; and

WHEREAS, the Project is exempt from the provisions of the California Environmental Quality Act ("CEQA") in accordance with State CEQA Guidelines section 15301(c)(3); and

WHEREAS, the City Council believes it to be in the best interests of the City to deem the first low bidder non-responsive for the reason cited above, and to award the Project to the lowest responsive, responsible bidder, QCEI, in the not-to-exceed amount of $889,775, for a one- year term with the option to renew for four additional one- year periods.

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 the Project is exempt from the provisions of CEQA in accordance with State CEQA Guidelines section 15301(c)(3).

3. The City Council hereby deems the apparent low bidder, RAC Construction & Engineering, Inc., non-responsive for the reason cited above.

4. The City Council hereby rejects all other bids and awards the Bid to the lowest responsive, responsible bidder:

Quality Construction & Engineering, Inc.

in the not-to-exceed amount of $889,775, for a one-year term with the option to renew for four additional one-year periods.

5. The City Manager and City Clerk are authorized and directed to execute a contract for the Project on behalf of the City of El Cajon, with such changes or amendments as maybe approved by the City Manager.

11/12/24 CC Agenda
Reso – Bid 018-25 – ADA Concrete Improvements 2025 – Awd (QCEI) 110524

City of El Cajon – Purchasing Division

BID EVALUATION
(To be included as an attachment to the agenda report.) Bid No. 018-25 Bid Name: ADA Concrete Improvements 2025 Solicitation Due Date/Time: October 8, 2025/ 2:00
p.m.

Initial Date of Advertisement: September 6, 2024

Number of Responses Received: 9

Bid Estimate: $750,000

SUMMARY OF BIDS (INCLUDE ANY ADD. ALTS.):

BID EVALUATION (TOP FIVE LOWEST RESPONSES):

Bidder Bid Responsiveness Notes
RAC Construction & Engineering, Inc. No Bid bond not signed by bidder.

Quality Construction & Engineering, Inc. Yes
ASAD Holdings, LLC dba OrangeBlue
General Contractors
Yes
Palm Engineering Construction
Company, Inc.

Yes
YBS Construction Engineering Yes

LEGAL REVIEW REQUIRED: YES  NO  IF YES, DATE LEGAL REVIEW COMPLETED:

RENEWAL OPTIONS: YES  NO  IF YES, SPECIFY TERM W/RENEWAL OPTIONS: _ __INITIAL ONE YEAR TERM WITH THE OPTION TO RENEW FOR FOUR ADDITIONAL ONE YEAR PERIODS _________________________ LOWEST, RESPONSIVE, RESPONSIBLE BIDDER NAME AND AMOUNT: QUALITY CONSTRUCTION & ENGINEERING, INC., $889,775
PURCHASING DIVISION:

Review Completed By: Mara Romano Date: October 21, 2024

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Vendor Vendor Type Bid Amount Format S ubmi t Date
RAC Construction & Engineering, Inc. DBE, CADIR, MBE $719,260.00 Electronic 10/08/2024 9:35:32 AM Quality Construction & E gineering, Inc. CADIR $889,775.00 Electron ic 10/08/ 2024 1 :49:1 S PM Asad Holdings LLC DBA OrangeBlue $9 9,467.50 Electronic 10/08/ 2024 1 :17:05 PM Palm Eng ineering Constrn d ion Co $1,087,850.00 Electron ic 10/08/2024 1 :46:12 PM YBS Constru ction Eng ineering CADIR $1,104,887.50 Electronic 10/08/2024 11 :1 0:56 AM Aster Construdio S ervices Inc. CADIR $1,135,000.00 Electron ic 10/08/ 2024 10:55:03 AM Fordyce Construction, Inc. $1,173,11 0.00 Electronic 10/08/ 2024 12:59:18 PM sec Inc. CADIR, WBE $1, 186,850.00 Electron ic 10/08/2024 12:41 :42 PM E- Constrnct ion Inc DBE $1,209,900.00 Electron ic 10/08/ 2024 1 :29:30 PM City Council
Agenda Report
Agenda Item 9.

DATE: November 12, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Mara Romano, Purchasing Agent
SUBJECT: Rejection of Bid No. 017-25 – Unmanned Aircraft Systems (Drones) RECOMMENDATION:

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

Find the first and second low bidders non-responsive for the reasons set forth in the agenda report; and

1. Reject all bids.2.

BACKGROUND:

Bid #017-25 included the procurement of six small unmanned aircraft systems. The bid was advertised on August 26, 2024. Three responses were received on September 30, 2024, and evaluated. A bid summary is attached, and the proposals are on file in the Purchasing Division.

Section 10 of the bid specifications’ General Conditions states:
"The bidder shall not change the wording in the attached specifications or conditions. No words or comments shall be added to the general conditions or detailed specifications. Any explanation or alternative offered shall be set forth in a letter attached to the front cover of the specifications. Alternatives which do not substantially comply with the City's specifications cannot be considered. Conditional bids cannot be accepted." The first apparent low bidder, Frontier Precision, Inc. (FPI), did not submit required documentation to comprise a complete bid. FPI failed to submit City forms: Acknowledgment of System for Award Management (SAM) Requirement, Anti-Lobbying Certification, and Bidder’s Organizational Information.

In addition, FPI’s submittal included revised terms and conditions and the second apparent low bidder, Axon Enterprise, Inc. (AEI), submitted a bid that included a Master Sales and Purchasing Agreement with additional terms and conditions. When a vendor sets forth such conditions within their proposal it is deemed a conditional bid.

Therefore, FPI and AEI's bids are non-responsive to the specifications and terms and conditions of the bid.

Furthermore, once the bid responses were reviewed, City staff determined that the apparent third low bidder, Lotus USA, Inc’s bid amount exceeded the budget by approximately $700,000. .!!!!_ Valley of opportunity
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Staff recommends the City Council adopts resolutions to (1) Find the first and second low bidders non-responsive for the reasons cited above, and (2) Reject all bids while staff explores alternative procurement options that are in compliance with Chapter 3.20 and applicable law for the acquisition of military equipment.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

Rejection of the bid is not subject to the California Environmental Quality Act ("CEQA") in accordance with State CEQA Guidelines section 15061(b)(4).

FISCAL IMPACT:

None.

Prepared By: Mara Romano, Purchasing Agent
Reviewed By: Mike Moulton, Police Chief
Approved By: Graham Mitchell, City Manager
Attachments
Resolution
Bid Summary - 017-25

Page 1 of 2 ends

RESOLUTION NO. ___-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CAJON

REJECTING THE BIDS FOR UNMANNED AIRCRAFT SYSTEMS, AND

AUTHORIZING STAFF TO EXPLORE ALTERNATIVE PROCUREMENT OPTIONS (Bid No. 017-25)

WHEREAS, Bid No. 017- 25 (the "Bid") included the procurement of six small unmanned aircraft systems ("Drones"); and

WHEREAS, the City of El Cajon (the "City") advertised the Bid on August 26, 2024, and three (3) responses were received September 30, 2024; and

WHEREAS, the first apparent low bidder, Frontier Precision, Inc. ("FPI") , did not submit required documentation to comprise a complete bid as FPI failed to submit required City forms; and

WHEREAS, the Bid specifications require that the bidder not change the wording in the attached specifications add conditions, and that any explanation or alternative offered shall be set forth in a letter attached to the front cover of the specifications; and

WHEREAS, the Bid specificat ions also stated alternatives which do not substantially comply with the City's specifications cannot be considered and conditional bids would not be accepted; and

WHEREAS, FPI’s submittal included revised terms and conditions; and

WHEREAS, the second apparent low bidder, Axon Enterprise, Inc. (AEI), submitted a bid that included a Master Sales and Purchasing Agreement with additional terms and conditions; and

WHEREAS, for the reasons set forth above both bids were deemed a conditional bid and therefor e non-responsive to the specifications and terms and conditions of the Bid; and

WHEREAS, once the bid responses were reviewed, City staff determined that the third apparent low bidder, Lotus USA, Inc .’s bid amount exceeded the budget by approximately $700,000; and

WHEREAS, the proposed recommendation to reject all of the bids and authorize staff to explore alternative procurement is exempt from the California Environmental Quality Act ("CEQA") as there is no project.

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 City Council hereby rejects the bids of the apparent low bidder s, FPI and AEI, finding that the bids were conditional and FPI's bid was incomplete and therefore did not meet Bid specifications.

3. The bid of Lotus USA I nc. is rejected based on t he bid amount exceeding the budget by approximately $700,000.

4. The rejection of bids and authorization of staff to explore alternative procurement is exempt from CEQA as there is no project.

5. Due to the conditional bids of the first apparent low bidder and the second apparent low bidder , and the third low bidder 's bid amount exceeding the construction budget by $700,000, the City Council hereby rejects all of the bids received in response to Bid No. 017-25, and authorizes staff explore alternative procurement of the Drones.

11/12/24 CC Agenda
Reso – Bid 017-25 – Reject Procurement of Drones 103124

City of El Cajon – Purchasing Division

BID EVALUATION
(To be included as an attachment to the agenda report.) Bid No. 017-25 Bid Name: Unmanned Aircraft Systems (Drones) Solicitation Due Date/Time: September 30, 2025/
2:00 p.m.

Initial Date of Advertisement: August 26, 2024

Number of Responses Received: 3

Bid Estimate: $191,000

SUMMARY OF BIDS (INCLUDE ANY ADD. ALTS.):

BID EVALUATION (TOP THREE LOWEST RESPONSES):

Bidder Bid Responsiveness Notes
Frontier Precision, Inc. No Did not submit City forms and quote submitted constitutes a conditional bid.

Axon Enterprise, Inc. No Conditional bid.

Lotus USA, Inc. Yes

LEGAL REVIEW REQUIRED: YES  NO  IF YES, DATE LEGAL REVIEW COMPLETED: October 23, 2024 RENEWAL OPTIONS: YES  NO  IF YES, SPECIFY TERM W/RENEWAL OPTIONS: _ __ _________________________ LOWEST, RESPONSIVE, RESPONSIBLE BIDDER NAME AND AMOUNT: LOTUS USA, INC., $889,505.10 PURCHASING DIVISION:

Review Completed By: Mara Romano Date: October 23, 2024

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Vendor Vendo r Type Bid Amount Forma t Su bmiit Da te
Fron t ier Precision $159,562 .44 Elect ronic 09/ 23/ 2024 1:37:50 PM ASER lntern a ional $167,618 .40 Elect ronic 09/ 27/ 2024 1:02:08 PM Lotus USA, Inc WBE, MBE $889 ,SOS.10 Elect ronic 09/ 30/2024 1:30:48 PM City Council
Agenda Report
Agenda Item 10.

DATE: November 12, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Mara Romano, Purchasing Agent
SUBJECT: Contract Amendment for Bid No. 025-24 – Fiber Broadband Project RECOMMENDATION:

That the City Council adopts the next Resolution, in order, to increase compensation and working days for the Fiber Broadband Project Public Works contract with Baker Electric & Renewables, LLC (Baker) in the not-to-exceed amount of $285,352.23.

BACKGROUND:

On January 9, 2024, the City Council authorized the award of the Fiber Broadband Project in the not-to-exceed amount of $1,729,116. On April 2, 2024, the City entered into a contract with Baker; funded by Coronavirus State & Local Fiscal Recovery (American Rescue Plan Act) Grant Funds.

Proposed Construction Change Order No. 1 will upgrade the fiber optic cable from 24 existing single mode fiber optic cable (SMFOC) to 288 and terminate/relocate additional fiber cable at the Police Department and City Hall, as listed below:

Furnish and install approximately 13,600 linear feet of 288 SMFOC on Main Street from Madison Avenue to Main Street, on Second Street from Main Street to Madison Avenue, and along Madison from Second Street to Ballantyne Avenue; Furnish and install approximately 6,900 linear feet of 288 SMFOC on Broadway from Bostonia Street to Mollison Avenue;
Furnish and install approximately 3,500 linear feet of 288 SMFOC on Mollison Avenue from Broadway Street to Madison Avenue;
Furnish and install approximately 2,000 linear feet of 288 SMFOC on Magnolia Avenue from Douglas Avenue to Park Avenue;
Install seven vaults and ten splice canisters along these segments; Perform fiber investigation and OTDR testing on all new fiber optic cable and provide test documentation;
Terminate an additional 288 SMFOC at Police Department server; Cut and re-route 48 SMFOC from City Hall to Police Department; Relocate City Hall server cabinet from fourth floor to the basement; and Add an additional 30 working days to the project.

The requested change order increase exceeds $100,000 for construction contracts as established by City Council Policy B-4, thus requiring approval from the City Council. .!!!!_ Valley of Opportunity
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•
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• • • •
CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed amendment for the installation of conduit and fiber optic cable in existing roadways and public facilities is exempt from the California Environmental Quality Act ("CEQA") in accordance with State CEQA Guidelines sections 15301 and 15303. Section 15301 exempts projects of minor alterations to existing public facilities or structures where there is negligible or no expansion of the use. Section 15303 exempts construction and location of limited numbers of new, small facilities or structures, including installation of small new equipment and facilities in small structures.

FISCAL IMPACT:

Approval of the $285,352.23 increase will supplement the contract, for a total not-to-exceed amount of $2,014,468.23. Sufficient funds are available in Fiscal Year 2024-25 Expand Broadband Citywide (223754PWCP) budget.

Prepared By: Mara Romano, Purchasing Agent
Reviewed By: Sara Diaz, Director of Information Technology Approved By: Graham Mitchell, City Manager
Attachments
Resolution

Page 1 of 2 ends

RESOLUTION NO. ___-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CAJON

APPROVING A CHANGE ORDER TO AMEND THE AGREEMENT BETWEEN

THE CITY OF EL CAJON AND BAKER ELECTRIC & RENEWABLES, LLC

FOR THE INSTALLATION AND OPERATION AND MAINTENANCE OF

TELECOMMUNICATIONS NETWORK FACILITIES WITHIN

THE PUBLIC RIGHT OF WAY
(Bid No. 025-24)

WHEREAS, on January 9, 2024, the City Council authorized the City to enter into a contract with Baker Electric & Renewables, LLC ("Baker"), to be funded by Coronavirus State & Local Fiscal Recovery; and

WHEREAS, in accordance with Proposed Construction Change Order No. 1 , Baker will upgrade the fiber optic cable from 24 existing single mode fiber optic cable (SMFOC) to 288 and terminate or relocate additional fiber cable at the Police Department and City Hall; and

WHEREAS, the requested change order increase exceeds $100,000 for construction contracts as established by City Council Policy B-4, thus requiring approval from the City Council; and

WHEREAS, the EXISTING CONTRACT6 WIOTH Baker is in the amount not to $1,729,116.00 and s ufficient funds are available in the Fiscal Year 2023- 24 Expand Broadband Citywide (223754PWCP) budget; and

WHEREAS, the amendment for the installation of SMFOC at the Police Department and City Hall is exempt from the California Environmental Quality Act ("CEQA") in accordance with State CEQA Guidelines sections 15301 (Existing Facilities) and section 15303 (New Construction or Conversion of Small Structures) relating to existing public facilities or structures where there is negligible or no expansion of the use and which consists of construction and location of limited numbers of new, small facilities or structures, including installation of small new equipment and facilities in small structures; and

WHEREAS, approval of the $285,352.23 increase will supplement the contract, for a total not -to-exceed amount of $2,014,468.23. Sufficient funds are available in Fiscal Year 2024-25 Expand Broadband Citywide (223754PWCP) budget; and

WHEREAS, the City Council believes it to be in the best interest of the City to enter into the Agreement with Baker, 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 foregoing recitals are true and correct and are the findings of the City Council.

2. The City Council hereby determines that the Project is exempt from the California Environmental Quality Act pursuant to state CEQA Guidelines sections 1530 1 and 15303which exempts actions relating to existing facilities or structures where there is negligible or no expansion of the use and projects consisting of construction and the location of limited numbers of new small facilities or structures where only minor modifications are made in the exterior of the structure.

3. The City Council hereby approves Change Order No. 1 to amend the Agreement with Baker for furnishing and installation of additional 288 SMFOC to upgrade the fiber optic cable from 24 existing single mode fiber optic cable and to terminate or relocate additional fiber cable at the Police Department and City Hall for an amount not to exceed $2,014,468.23.

4. The City Council hereby authorizes the City Manager, or such person as is designated by the City Manager, to execute Change Order No. 1 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.

11/12/24 CC Agenda
Reso – Bid No. 025-24 – Change Order #1 - Fiber Broadband Project - Award (Baker Electric) 110424 City Council
Agenda Report
Agenda Item 11.

DATE: November 12, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Yazmin Arellano, Director of Engineering Services SUBJECT: Public Hearing for Underground Utility District # 29 - S. Johnson Avenue RECOMMENDATION:

That the City Council adopts the next Resolution, in order, to create a new Underground Utility District (UUD) # 29 on South Johnson Avenue from West Main Street to El Cajon Blvd.

BACKGROUND:

The City of El Cajon was previously allocated funding under Electric Rule 20A, a program created by the California Public Utilities Commission (CPUC) to help cities and counties convert overhead electric and telecommunication lines to underground facilities. Rule 20A was designed to enhance public safety, improve aesthetics, and reduce the risk of outages caused by overhead utilities. However, recent CPUC rulings, particularly Decision 21-06-008, have significantly reduced the availability of Rule 20A funds. This decision ended new allocations of Rule 20A funds to cities and counties after 2022. Cities can still use previously accrued Rule 20A funds for these projects, but no new funds will be issued.

The City of El Cajon currently has a Rule 20A work credit allocation balance of $3,708,874. San Diego Gas & Electric (SDG&E) manages the allocation and use of Rule 20A funds. SDG&E is typically responsible for designing and constructing the projects funded under Rule 20A, which includes appropriate trench, conduit, secondary cable, and meter changes, including the provision of joint trench/conduit for communications facilities. In some cases, local jurisdictions may choose to perform these tasks in order to help expedite the construction schedule.

Chapter 16.52 of the El Cajon Municipal Code establishes a procedure to create underground utility districts. The Code requires a public hearing to ascertain whether the public health, safety, or welfare requires the removal of poles, overhead wires, associated overhead structures, and the underground installation of wires and facilities for supplying electricity, communication, or similar associated services in any such district.

UUD #29 will complete the undergrounding of existing overhead utilities on S. Johnson Avenue from El Cajon Blvd to West Main Street (approximately 1,200 feet). This project aims to significantly improve public health, safety, and welfare in the Downtown Environmental Justice community. With the recent effort by a developer (KB Homes) to underground utilities along their property, this project offers a unique opportunity to extend these benefits across adjacent lots and create a cohesive, resilient infrastructure. By relocating overhead utilities underground, the City will not only enhance the area's aesthetic appeal but also contribute to environmental .!!!!_ Valley of opportunity
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justice by delivering equitable access to safer, cleaner, and more reliable utility services.

Undergrounding the overhead utility lines on S. Johnson Avenue will increase public safety, as underground lines are less susceptible to wind, falling trees, and vehicle accidents along this corridor, reducing the risk of down lines and associated hazards. This effort will also improve service reliability, as there is less chance of power outages, contributing to a more reliable energy supply for residents and businesses.

Staff recommends prioritizing underground utility funds for the new district, UUD #29. Design and construction for UUD #29 is approximately $3.7 million. The project must be completed before December 31, 2033.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed project is categorically exempt from the California Environmental Quality Act ("CEQA") according to section 15302(d) of the State CEQA Guidelines. This section exempts the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: (d) Conversion of overhead electric utility distribution system facilities to underground, including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding.

FISCAL IMPACT:

This action has no fiscal impact on City funds and will spend all of the Rule 20A funds that SDG&E set aside for El Cajon.

Prepared By: Yazmin Arellano, Engineering Services Department Director Reviewed By: Vince DiMaggio, Assistant City Manager
Approved By: Graham Mitchell, City Manager
Attachments
Resolution - UUD #29
Location Map

Page 1 of 2 ends

RESOLUTION NO. ___-24

RESOLUTION APPROVING
UNDERGROUND UTILITY DISTRICT #29

ON SOUTH JOHNSON AVENUE FROM

MAIN STREET TO EL CAJON BOULEVARD

WHEREAS, Chapter 16.52 of the El Cajon Municipal Code establishes a procedure for the creation of an underground utility district ("UUD"), and requires as the initial step in such procedure the holding of a public hearing to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires, associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in any such district; and

WHEREAS, the California Public Utilities Commission ("CPUC") created the Electric Rule 20A ("Rule 20A") program to help cities and counties convert overhead electric and telecommunication lines to underground facilities, and enhance public safety, improve esthetics, and reduce the risk of outages caused by overhead utilities; and

WHEREAS, recent CPUC rulings, particul arly Decision 21- 06-008, have significantly reduced the availability of Rule 20A funds, and ceased new allocations of Rule 20A funds to cities and counties after 2022; however, cities can still use previously accrued Rule 20A funds for projects; and

WHEREAS, San Diego Gas & Electric ("SDG&E") manages the allocation and use of Rule 20A funds collected and accruing to, and for the benefit of, the City of El Cajon ("City"), and is responsible for designing and constructing the projects funded under Rule 20A, which includes appropriate trench, conduit, secondary cable, and meter changes, including the provision of joint trench/conduit for communications facilities, although i n some cases, local jurisdictions may choose to perform these tasks in order to help expedite the construction schedule; and

WHEREAS, the City currently has a Rule 20A work credit allocation balance of $3,708,874, and City staff recommends that the City Council approves the use of these funds to create Underground Utility District #29 ("UUD #29") on South Johnson Avenue from Main Street to El Cajon Boulevard (approximately 1,200 feet) to complete the undergrounding of existing overhead utilities along that route (the "Project"); and

WHEREAS, with the recent efforts by developer KB Homes to underground utilities along their property, this Project offers a unique opportunity to extend these benefits across adjacent lots and create a cohesive, resilient infrastructure, and by relocating overhead utilities underground, the City will not only enhance the area's aesthetic appeal but also contribute to environmental justice by delivering equitable access to safer, cleaner, and more reliable utility services; provide more reliable energy supply by reducing the risk of downed power lines and associated hazards; and minimize vehicle accidents along this corridor; and

WHEREAS, t he P roject is categorically exempt from the provisions of the California Environmental Quality Act ( "CEQA") according to section 15032 (Class 2) (d)

Page 2 of 2 ends

of the CEQA Guidelines; Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: (d) Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding.

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

1. The City Council hereby finds the foregoing recitals to be true and correct, and the findings of the City Council.

2. The City Council hereby further finds that the Project is categorically exempt from the provisions of CEQA according to section 15032 (Class 2) (d) of the CEQA Guidelines.

3. The City Council hereby approves and establishes City of El Cajon UUD #29.

4. The City Council hereby authorizes the use of the City's available 20A funds to the work to be performed for undergrounding utilities in UUD #29 , with the Project to be completed by December 31, 2033.

5. The City Council hereby further authorizes staff to take such actions, and the City Manager, or such person or persons designated by the City Manager, to execute such documents necessary, in order for the City to use the City's available Rule 20A funds to underground utilities in UUD #29.

11/12/24 CC Agenda
UUD #29 – S. Johnson Ave - Proposing (Step 1) 110524
EXHIBIT "A"

CITY OF EL CAJON

ENGINEERING SERVICES DEPARTMENT
UNDERGROUND UTILITY DISTRICT #29
JOHNSON AVENUE FROM MAIN SlREET TO EL CAJON BOULEVARD
City Council
Agenda Report
Agenda Item 12.

DATE: November 12, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Graham Mitchell, City Manager
SUBJECT: City Council Action Plan (2024) Update
RECOMMENDATION:

That the City Council receives the update and provides feedback.

BACKGROUND:

Each year, the City Council holds an annual priority setting workshop toward the beginning of the calendar year. Last year, the City Council conducted its workshop on January 23, 2024 to consider priorities and goals for the upcoming year and adopted the 2024 City Council Action Plan (2024 CCAP) on March 12, 2024. The purpose of this agenda item is to provide an update on the priorities and goals set by the City Council. Staff aims for this presentation to assist in the upcoming 2025 priority setting workshop, which has been scheduled for January 2025.

The 2024 CCAP identifies the following six priorities:

City Beautification,
City Infrastructure,
Economic Development,
Homelessness,
Public Safety, and
Miscellaneous priorities.

For each priority, the City Council identified Goals/Outcomes. Using that direction, staff identified milestones/tasks for each goal or outcome, along with target dates. The attached matrix shows each of the six priorities, the twenty-five goals, and the seventy tasks. The matrix provides color coding to show whether the different tasks are completed (green), in process (blue), or not started or canceled (red). By the end of December 2024, staff anticipates that six goals will be completed, twelve in process, and seven either not yet started or were canceled during the year.

During the presentation of this agenda item, staff will review the attached document, answer questions, and receive any feedback.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The City Council Action Plan update provides a status report on project efforts designed to improve governmental operations, processes and infrastructure. Therefore, it is exempt from the California Environmental Quality Act ("CEQA") pursuant to State Guidelines section 15378(b)(5) because it is an administrative activity of government.

FISCAL IMPACT:

No direct fiscal impact.

Prepared By: Graham Mitchell, City Manager
Reviewed By:

Approved By: Graham Mitchell, City Manager
Attachments
CCAP Update (Nov 2024)
City Council Action Plan
Update: November 12, 2024
Priority Page
City Beautification 1
City Infrastructure 6
Economic Development 7
Homelessness 10 The Valley of Opportunfty
Public Safety 1 1
Miscel laneous 13 ~ ~ ~
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:,-Porate0

CITY BEAUTIFICATION
Goal/Outcome Dept. Milestones/Ta sks Target Statu s Dates City Beautification & Neighborhood Street Lights Phase 2 Construction All 34 lights installed and Improvement Projects (34) Mar 2024 energized .

Complete thirteen City ENG Solar Project Phase 1 (PSC) Dec 2024 Project canceled beautification and
improvement projects. El Cajon Blvd. Transit Center Community Road is open with "punch list" ENG Aug 2024 action items to complete by Dec Improvements Completion (Roundabout) 2024 .

Jamacha Rd Safety Improvements Design and Project begins construction on ENG Dec 2024 11/20/24 with a projected
Construction completion date of June 2025.

ENG Neighborhood Street Lights Phase 3 Design and Jul2024 Project under construction with Construction (47) completion by June 2025.

Construction substantially
ENG Main Street Green Street Aug 2024 complete, Completion by Dec 2024, pending asphalt restoration
and "punch list" corrections.

The project is in construction with
ENG Oakdale Alameda Design and Construction Dec 2024 an expected completion date of April 2025.

ENG Cool Zones Phase 2 (Gyms) design and installation Dec 2024 Contract being executed with completion by Oct 2025.

Fiber installion began in Sep
IT/ENG Expand Broadband - Design and Installation Dec 2024 2024 and is on track to be completed by Dec 2024.
1 30% design completion by Dec
2024. Staff is coordinat ing a
ENG W . Washington Ave. Safety Improvements Design Apr2025 community engagement event in and Construction Dec at Renette Rec Center for
residents to provide input on the
project's preliminary design .

Plan completed by Dec 2024.

After completion, RFP for
professional services to prepare
FIRE/ PW Wildfire Hazard Mitigation Plan Implementation Dec 2024 permitting and construction documents is required. Project
completion estimated for Jun
2025.

P&R/ Park Amenity Project Design and Construction , Anticipated contract award date Jun 2025 on 11/19/2024 and completion by ENG including pickleball courts Oct 2025.

FIRE/ Fire Station 7 Design and Construction Dec 2025 Design completed by Jan 2025.

ENG
"Tax Dollars at Work"
Signage
Include signage Include in all Public Works contractor specs the Signs program implemented as promoting the City's PW/ ENG requirement for an 4 x 6 foot sign promoting capital Apr 2024 part of the 2nd & Jamacha Street project, currently under
investments in the improvement projects . const ruction. community at
construction projects.
2 Landscape Awards Present to the City Council the recommended awards and a proposed budget ($16,000) for Feb 2024 Completed Landscape Award Program
Create and administer a Announce program to El Cajon residents and Completed and winners to be program that awards CM Feb 2024 announced on 9/23/24 business owners residents and businesses
for investing in their Announce winners at City Counc il meeting and at Aug 2024 Completed landscaping. National Night Out
Illegal Dumping from Hold meetings with the Southern California Rental Apartment Complexes Housing Association and EDCO to explore Apr 2024 Not yet started solutions and marketing information .

Develop a program that Collect data and create a heat map on illegal PW & Code Enforcement staff addresses illegal dumping dumps that may be associated with apartment Apr2024 are currently gathering data to of large items complexes to understand problem areas, prepare the heat map. frequency, and types of illegal dumping. (mattresses, furniture, CM/PW Prior to map being produced , etc.). EDCO has contacted specific Using heat map, focus a program or information Sep 2024 apartment complexes . Once the campaign for the most challenging areas . map is produced , a more robust effort will be made.

Present to the City Council a report with findings Dec 2024 Not yet started and recommendations .

Mural Project Release RFP to secure a muralist Mar 2024 Identify a location and
Select muralist May 2024 muralist for a pilot mural Project is on hold, pending a program that includes PW/P&R funding source .
resident involvement.

Complete mural Dec 2024
3 Sign Regulations Present to the City Council a review of the City's current sign ordinance and seek areas of concern Presented to the City Council on from the City Council (i.e. complete overhaul, focus Jul2024 7/23/24. on issues such as rope lights, or consider policies
related to temporarv signage ).

Update the City's Counc il addressed the issue on
7/23/2024 and directed staff to
Municipal Code sections address blinking and colored
related to sign string light displays . Staff
regulations. presented the issue to the PBID
Conduct a series of business forums regarding Oct 2024 Board on 9/25/2024 . PBID Board signs and seek input. provided positive feedback on
amending the Downtown Master
CD/CM Plan to limit string lights to a
static color with no motion or
flashing. This includes flashing
"Ooen" sians.

Proposed amendments will be
Conduct a City Council workshop with findings from included in Specific Plan 182 direction provided by the City Council and from the Nov 2024 scheduled for Planning business forums . Commission on 11/19/24 and
City Council on 12/10/24.

Draft policy set to be presented to
Present to the City Council recommended changes Dec 2024 the Planning Commission on to the Municipal Code regarding signs. 11/1 9/24 and the City Council on 12/10/24.
4 Vacant Lot Incentiv e Intern has begun developing a
GIS mapping program to identify Program Identify focus properties that meet criteria . May 2024 target vacant lots (lots over 1 acre in size)
Present a program that Research best practices in other cities around the incentivizes property United States and present findings to the City Aug 2024 Research underway . CM owners of vacant lots to Council. either develop or include
Intern has begun developing a community amenities Analyze grant program to landscape vacant GIS mapping program to identify that add value to properties and vacant lot assessment and present Oct 2024 target vacant lots (lots over 1 neighborhoods. findings to the City Council. acre in size) 5 CITY INFRASTRUCTURE
Milestones/Tasks Target Status Goal/Outcome Dept. Dates Deferred Maintenance
Analysis
Present a report to the City Council on the City's Prepare an analysis of the deferred maintenance program and Capital Mar 2024 Report provided to the City City's deferred FIN Improvement Plan and determine if additional Counci l on 9/10/2024. maintenance projects and funding is required
Capital Improvement
Plan.

Pavement Management
Pro~ram
Prepare an analysis of the After re-analyzing all City streets, present to the City Council awarded contract on City's Pavement ENG City Council a report on the City's Pavement Nov 2024 10/8/204. Project completion by Management Program, Management Program including data on past and Jun 2025. including a history of projected Pavement Condition Index (PCI). pavement history and
proiected projects.

Neighborhood Capital Allocate $2 million from the General Fund Reserve Jun 2024 Improvement Projects for Neighborhood Capital Improvement Projects .

Identify additional Project not included in FY 25
infrastructure related budget. However, new streetlight project in design , budgeted capital improvement ENG $845,000 to install 39 street lights projects (up to $2 million Present to the City Council possible projects to Sep 2024 and sidewalk improvements in costs) that have a fund with the Genera l Fund Reserve monies. using CDBG funds . significant and visible
impact on neighborhood
and implement.
6 ECONOMIC DEVELOPMENT
Goal/Outcome Dept. Milestone s/Tasks Target Stat us Dates Parkway Plaza Present report to the City Council, including the economic analysis from Hunden Partners and Jul2024 Hunden present study to the possible City actions to effectuate a fiscally healthy Council on 7/9/2024 regional mall property.

With stakeholder input,
develop a re-envisioned
Parkway Plaza CM/CD Underway with development
development plan and proposals being considered for
present it to current Implement possible development strategies. Aug 2024 pad development and analyzing owners and development options to gain site control.
community .

Signs & Fa~ade
Improv ement Grant Grant applicat ions closed on
Administer the Sign & Launch and market the Sign & Fac;ade Mar 2024 5/1/2024 & awarded businesses Fafade Improvement
Improvement Grant program. were notified on 6/14/2024
Grant program.

CM City Council approved Sign &
Facade Grant Program (funded
Present a report to the City Council on completion by ARPA) . The following grants or progress of the program . Sep 2024 were distr ibuted: 52 ($708,000) for signs, 21 ($219,000) for
facade paint, and 3 ($2,800) for
new windows .
7 Downtown Project Staff is analyzing public
Develop a plan for the reimagining of the civic Oct 2024 investment options and center space and adjoining properties. completing Surplus Lands Act analysis.

Initiate a downtown Complete Steps 1 & 2 of Surplus Land Act catalyst development CM requirements related to City-owned property in the Nov 2024 In process. project. downtown area.

Reach out to adjacent private property owners in Property profiles are being the project area, solicit interest, and begin Oct 2024 compliled prior to solitication designing a "public-private partnership" for opportunities presented. interested parties.

Enhance Secure a SDSU study of the City's
Developer/ Applicant developer/application process and present report to May 2024 Completed Experience the City Council.

Analyze improvements to
CD/CM developer & permit Host semi-annual Developer/Real Estate Broker City hosted forums on 6/19/2024 applicant experience to roundtables discussions . Jul2024 and 10/29/2024 . ensure El Cajon is the
easiest place to develop.

East County Market Complete the procurement process and present Nights vendor and budget to the City Council for May 2024 consideration .

Create a signature
regional event in El
Cajon's downtown that CM On holding pending funding and will attract thousands of If vendor is selected , launch inaugural Market Night vendor.

Aug 2024
weekly visitors to a event.
farmers market, live
entertainment, prepared
food, and crafts.
8 Econom ic Developmen t
Manager
Position was not included in the
Consider Economic As part of the budget approval process, present to FY 25 budget. Possible staffing Development Manager to CM/Fin the City Council an option to create the position, On-Hold plan may address the need in an oversee the City 's including purpose of the position, duties, proposed upcoming recruitement for a economic development
outcomes, and cost. vacant Sr. Management Analyst
position.
strategic plan and vision.

Analysis of Downtown
Property Based Present the findings from the analysis of the PBID Feb 2024 Completed Improvement District to the City Council and obtain direction. {PBID) CM
Implement certain
findings from the PBID Implement direction from the City Council. Dec 2024 Ongoing efforts being made. analysis.
9 (
•i

HOMELESSNESS
Goal/Outcome Dept. Milestones/Ta sks Target Status Dates Documentary on El
Cajon' s Homeless
Successes &
Challenges
Create a documentary
highlighting successes
with City's homeless
programs, focusing on CM Produce and promote the documentary. Dec 2024 Not yet started individuals as well as
challenges the City faces,
including policies out of
El Cajon's control and
lack of transparency on
homeless spending in the
region.

Promote El Cajon's
Homele ss Program s Continue to market programs that the City Continue to promote the CD/CM provides, present semi-annual reports to the City Ongoing Ongoing efforts being made. Council , and inform residents and businesses of work the City is doing in the efforts being made by the City. the area of homelessness.
10 PUBLIC SAFETY
Goal/Outcome Dept. Milestones/Tasks Target Status Dates Fire/Medical Response Conduct a City Council workshop on the Feb 2024 Completed Coverage Fire/Medical Response Coverage study
Implement direction from Additional fire engine purchased February 22, 2024 City and staff is securing funding for Council workshop to add equipment outfitting. The City
a 24-hour staff fire was not successful in securing a
engine to Station 8 and Implement direction from the City Council workshop FEMA SAFER grant to finance Aug 2024 the cost of the necessary nine
begin exploring sites for a on short-term objectives. fire personnel to operate an fifth fire station in the engine 24/7. Staff is working on a City. plan for City Council
consideration which will be
presented in early 2025.

Fire/CM
On 09/10/2024, City Council
received a report with various
strategies to reduce calls for
services to congregate care
Continue to reduce calls run to convalescent facilities . Staff is schedulding a homes, skilled nursing facilities, and other meeting with facility operators , congregate care facilities by another 10% by Dec 2024 gathering additional feedback December 31 , 2024 from the previous year through and preparing a recommendation increased outreach efforts and possible penalties . for City Council consideration .

Fire Dept continues education
efforts and have not acheived a
10% reduction throug h this
method.
11 Curb Excessive Identify areas in which speeding occurs regularly Speeding on City and deploy resources to address enforcement in Apr 2024 Completed streets those areas.

Through enforcement, Report to the City Council on speed enforcement May 2024 Completed education, and efforts in 2023.
engineering, implement a The "three month saturation
comprehensive strategy enforcement and study" was
to enforce speed limits reduced to a 6 week project to
throughout the City. accomodate staffing shortage
and other City Council priorities.

Three months saturation enforcement and study, Program studied traffic speeds PD/ENG identify data that can help in developing an Jun 2024 over the months of July and education campaign to targeted audiences . August. Study showed no statistical change in speed
behavior was accomplished
through saturation enforcement.

Police Dept social media feeds
will continue to provide education .
30% design completion by Dec
Complete the W. Washington Avenue and the 2024. Staff is coordinating a community engagement event in Jamacha Road Safety Improvements project (see Apr 2024 Dec at Renette Rec Center for City Beautification category). residents to provide input on the project's preliminary design.
12 MISCELLANEOUS
Milestones/Tasks Target Status Goal/Outcome Dept. Dates Veterans Memorial RFQ process completed on
Release RFP for Memorial Artist/Consultant. May 2024 9/30/24 . Three artists qualify to receive a RFP. RFP is to
tentatively release in Jan 2025.

Working with the
Seek Stakeholder Feedback regarding Memorial After RFP is due, staff will be community and Jul2024 seeking input from stakeholders
RS Artist. during July and August 2024 stakeholders , identify a location, design, and
Present proposed design to the City Council and The RFP is tentatively scheduled funding plan for the seek direction on funding options. Sep 2024 to release in Jan 2025. establishment of a new
Veterans Memorial. Procure services of a memorial developer . Oct 2024 The RFP is tentatively scheduled to release in Jan 2025.

Implement Techno logy Police and Fire Tech Committees
Opportuni ties
Seek opportunities to implement technological are created to evaluate possible new software . IT staff attended 4 applications . vendor demonstrations and 1 conference in the past month .

A recent example of piloting
technology is that the
ongoing Engineering Department recently
Seek opportunities for ALL installed sensors on two Fire apparatus to analyze signal technology applications When opportunities are identified , analyze the delays. W ith data collected, staff to reduce costs, augment return on investment and seek procurement can analyze the value of using performance, or create opportunities . this type of technology for other safer conditions. applications. Also, staff is
developing a list of possible
applications to be included in the
FY 26 budget.
13 Short-Term Rental Host a City Council workshop (perhaps a joint Planning Commission /City Council workshop) to
discuss data and issues related to short-term
rentals, along with possible policies for City Council Oct 2024 Workshop will be scheduled in 1 consideration. Workshop would include data such Quarter 2025. as known number operating in the City, calls for
service (if known) and type (noise), potential loss
revenue, and what other cities are doing.

CD/CM/
Conducting a workshop Fin
to discuss issues related
to short -term rentals,
examples of policies Relying on feedback from workshop, develop Workshop will be scheduled in 1 policies and present to the Planning Commission (if Dec 2025 implemented in other required) and to the City Council for consideration. Quarter 2025. communities, and provide
direction (if necessary) to
staff
14 Planning Study for the Present the option to appropriate $400,000 from E. Main Street Area the General Fund reserve to select a consulting (between Madison firm to prepare a needs assessment , collect data, Jun 2024 On Hold, pending funding.

Avenue and Walter engage in community feedback and input, and draft Way) the plan.

Prepare a mixed-use
overlay plan for the area,
including public outreach
and input, California
Environmental Quality CD
Act analysis, and If appropr iated, complete procuremen t process. Aug 2024 On hold, pending funding. consideration for
adoption. The cost for
such a study is
approximately $400,000
and will toke about 7 8
months to complete. Present draft Specific Plan to the Planning Nov 2025 On hold, pending funding. Commission .

Present draft Specific Plan to the City Council. Dec 2025 On hold, pending funding. 15 City Council
Agenda Report
Agenda Item 13.

DATE: November 12, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Vince DiMaggio, Assistant City Manager
SUBJECT: Consider Amending Chapter 6 of the Municipal Code Pertaining to Dogs in the Superblock Area.

RECOMMENDATION:

Staff recommends that the City Council provide direction on a possible Municipal Code amendment. If an amendment is desired, to remove the prohibition on dogs in the Superblock area, a proposed ordinance to repeal section 6.12.150 in its entirety is available for first reading and introduction in the "First Reading of Ordinances" section of this agenda.

BACKGROUND:

In 1997, the City Council added section 6.12.150 to the Municipal Code, prohibiting all dogs from the Civic Center and “Superblock” areas. At the time, Councilmembers expressed concern about dogs “fouling” the area after a substantial amount of redevelopment funds were spent enhancing the downtown.

Section 6.12.150 reads, in part, as follows: "It is unlawful for any person to walk, carry, exercise control over or possession in any manner, a dog or dogs, licensed or unlicensed, on a leash or unleashed, at any time within any public facility or upon any public grounds in the Superblock, Expanded Civic Center, Judson Park, and Prescott Promenade areas..."

With the passage of time, dogs have become a much more accepted part of the social fabric in the community and are seen frequently at community events. The use of dogs as service animals in a variety of capacities, which was virtually unheard of in 1997 (except for the visually-impaired) is now commonplace.

Over the past several months, discussions in online forums, as well as comments made to City staff by members of the public, have questioned why this prohibition remains in place. Dogs are frequently seen, leashed and under the control of their owners, every day in the Civic Center areas, as well as at special events that take place in Prescott Promenade. Additionally, while the prohibition is technically a violation of the Municipal Code, it is typically “more honored in the breach” than an actively enforced violation.

However, there is one nominal benefit to the prohibition: it can be used as a tool by the Police Department to disperse transient activity and encampments from Prescott Promenade and other areas of the downtown. Transients often have dogs as pets and often congregate in groups throughout the downtown. The ability to enforce this prohibition in these prominent areas is perceived to have a public benefit in eliminating transient loitering. However, the Police Chief has indicated that repealing the ordinance will have no substantive adverse impacts for removing homeless encampments or individuals illegally using the area, due to their ability to use other statutes to accomplish the same purpose.

It does seem as though amending this code section, given the passage of time, should be a consideration in order to avoid an overly regulatory posture at a time when the City is looking to encourage increased pedestrian use of the downtown. To that end, staff prepared the following potential alternatives:

Repealing section 6.12.150 in its entirety. While this removes the prohibition of dogs in the Superblock and Civic Center areas in all circumstances, it also eliminates the section as a potential enforcement method to prevent disruptive transient activity. However, there are other statutes available for the police to disperse transient activity, such as the prohibition on camping. As previously noted, the Police Chief sees little value in retaining the regulation from a law enforcement perspective.

1. Take no action. Keeping the ordinance intact and unamended has the distinct disadvantage of not being able to permit dogs in the downtown areas during special events (for example, car shows, weekly concerts, HauntFest, America on Main Street, etc.).

2. CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed ordinance is exempt from the California Environmental Quality Act ("CEQA"). In accordance with State CEQA Guidelines section 15061(b)(3), this activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Prepared By: Vince DiMaggio, Assistant City Manager
Reviewed By: N/A
Approved By: Graham Mitchell, City Manager
City Council
Agenda Report
Agenda Item 14.

DATE: November 12, 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:

October 25, 2024 - SANDAG Board of Directors Meeting
October 26, 2024 - ECTLC Event
November 8, 2024 - SANDAG Board of Directors Meeting
November 12, 2024 - City Council Meeting(s)
I am available to answer questions.

Submitted By: Bill Wells, Mayor
City Council
Agenda Report
Agenda Item 15.

DATE: November 12, 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:

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:

October 21, 2024 - Phone call with Hany M re: CCC work
October 23, 2024 - Women in Transit Awards Dinner
October 24, 2024 - Emails with Tom M re: next door construction issues October 24, 2024 - Emails with Stephanie T re: asphalt left behind by contractor October 28, 2024 - Emails with City Manager re: bus stops November 2, 2024 - Grossmont Hospital Foundation Gala
November 4, 2024 - Meeting with City Manager
November 7, 2024 - MTS Executive Committee Meeting
November 8, 2024 - SANDAG Board of Directors Meeting
November 11, 2024 - Meeting with City Manager
November 12, 2024 - City Council Meeting(s)
I am available to answer questions.

Submitted By: Steve Goble, Councilmember
City Council
Agenda Report
Agenda Item 16.

DATE: November 12, 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:

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:

October 31, 2024 - Metro Wastewater JPA Meeting
November 7, 2024 - Metro Wastewater JPA Meeting
November 12, 2024 - City Council Meeting(s)
I am available to answer questions.

Submitted By: Gary Kendrick, Councilmember
City Council
Agenda Report
Agenda Item 17.

DATE: November 12, 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:

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:

October 24, 2024 - Pregnancy Care Clinic Fundraising Event October 25, 2024 - American Public Works Association Awards Banquet November 2, 2024 - El Cajon Rec Council Volunteer Banquet November 5, 2024 - Panel Discussion on Youth Homelessness at El Cajon Collaborative November 11, 2024 - Veteran Memorial Event at City Hall November 12, 2024 - City Council Meeting(s)
I am available to answer questions.

Submitted By: Michelle Metschel, Councilmember
City Council
Agenda Report
Agenda Item 18.

DATE: November 12, 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:

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:

October 25, 2024 - East County Economic Development Council 40th Anniversary Celebration November 11, 2024 - Veteran of the Year Ceremony
November 12, 2024 - City Council Meeting(s)
I am available to answer questions.

Submitted By: Phil Ortiz, Deputy Mayor
City Council
Agenda Report
Agenda Item 19.

DATE: November 12, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Morgan Foley, City Attorney
SUBJECT: Introduction of Ordinance to amend El Cajon Municipal Code Chapter 6.12 of Title 6 regarding dogs in the Superblock Area of El Cajon by repealing section 6.12.150
RECOMMENDATION:

That the City Council:

Moves to introduce the next Ordinance, in order, to repeal section 6.12.150 of Chapter

6.12 of Title 6 of the El Cajon Municipal Code;

1. Directs the City Clerk to read the Ordinance by title only; and2.

Directs the second reading of the Ordinance to be placed on the December 10, 2024 City Council agenda.

3. BACKGROUND:

In 1997, the City Council added section 6.12.150 to the El Cajon Municipal Code ("ECMC"), prohibiting all dogs from the Civic Center and “Superblock” areas. With the passage of time, dogs have become a much more accepted part of the social fabric in the community and are seen frequently at community events. The use of dogs as service animals in a variety of capacities, which was virtually unheard of in 1997 (except for the visually-impaired), is now commonplace.

Staff has presented a report at this meeting (Agenda Report No. 12) explaining the shift in feelings related to allowing dogs in the Superblock area, with or without specific restrictions.

Agenda Report No. 12 recommends modifying the ECMC by repealing section 6.12.150 in its entirety, leaving the regulation of dogs in the Superblock to the citywide regulations remaining in Title 6.

Another option is to leave the prohibition of dogs in the Superblock area. No first reading would be necessary if that is the City Council’s desire.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed ordinance is exempt from the California Environmental Quality Act ("CEQA"). In accordance with State CEQA Guidelines section 15061(b)(3), this activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

FISCAL IMPACT:

None.

Prepared By: Holly Savage
Reviewed By: Morgan Foley, City Attorney
Approved By: Graham Mitchell, City Manager
Attachments
Ordinance to Repeal 6.12.150

Page 1 of 1 ends

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF EL CAJON, CALIFORNIA
REPEALING SECTION 6.12.150 OF CHAPTER 6.12
OF TITLE 6 OF THE EL CAJON MUNICIPAL CODE

TO PERMIT DOGS IN THE SUPERBLOCK AREA OF EL CAJON

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

SECTION 1. Section 6.12.150 of the El Cajon Municipal Code, including each and every subsection therein, is hereby repealed in its entirety.

SECTION 2. This ordinance shall go into effect thirty (30) days following its passage and adoption.

11/12/24 CC Agenda – 1st Reading
12/10/24 CC Agenda – 2nd Reading

Ord - Amend ECMC 6.12 – Repeal 6.12.150 – Dogs in Superblock 103024 City Council
Agenda Report
Agenda Item 20.

DATE: November 12, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Morgan Foley, City Attorney
SUBJECT: Introduction of Ordinance to Amend ECMC Chapter 8.32 – Regulation of Smoking and Secondhand Smoke in Certain Public Areas and Places of Employment, and Chapter 8.33 - Licensure of Tobacco Retailers RECOMMENDATION:

That the City Council:

Moves to introduce the next Ordinance, in order; 1.

Directs the City Clerk to read the Ordinance by title only; and 2.

Directs the second reading of the Ordinance to be placed on the December 10, 2024 City Council agenda.

3. BACKGROUND:

As of December 20, 2019, the federal minimum age of sale for tobacco products was changed from 18 to 21 with no exemptions, including military personnel.

Staff recommends amending sections 8.32.010, 8.32.020 and 8.32.030 of Chapter 8.32, and subsection 8.33.090(A)(5) of section 8.33.090 of Chapter 8.33 to reflect the correct age requirement and clarify language in the El Cajon Municipal Code.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed ordinance amendment is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) as it is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT:

None.

Attachments
Ord - Amend ECMC 8.32 & 8.33
Proposed Changes to 8.32 & 8.33

Page 1 of 3 ends

ORDINANCE NO. ___

AN ORDINANCE TO AMEND SECTIONS 8.32.010, 8.32.020 and 8.32.030 OF CHAPTER 8.32 OF TITLE 8 OF THE EL CAJON MUNICIPAL CODE

RELATING TO REGULATION OF SMOKING AND SECONDHAND SMOKE

IN CERTAIN PUBLIC AREAS AND PLACES OF EMPLOYMENT, AND
TO AMEND SUBSECTION 8.33.090(A)(5) OF CHAPTER 8.33 OF
TITLE 8 OF THE EL CAJON MUNICIPAL CODE RELATING TO

LICENSURE OF TOBACCO RETAILERS

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

SECTION 1. Section 8.32.010 of Chapter 8.32 of Title 8 of the El Cajon Municipal Code is hereby repealed in its entirety.

SECTION 2. A new section 8.32.010 is hereby added to Chapter 8.32 of Title 8 of the El Cajon Municipal Code to read as follows:

8.32.010 Purpose.

Smoking of any tobacco product or any other weed or plant is a positive danger to health and a cause of material annoyance, inconvenience, discomfort, and a health hazard to those who are present in confined places.

Secondhand smoke is harmful to persons with certain respiratory conditions, and has also been determined to cause cancer to nonsmokers exposed to secondhand smoke on a frequent basis. The United States Surgeon General and the United States Department of Health and Human Services found that a majority of the four hundred thirty-four thousand Americans that die each year from tobacco-related illness, and who smoked, became nicotine addicts before their twenty-first birthday.

In order to serve public health, safety and welfare, to reduce unwanted and unwelcome exposure to secondhand smoke, to assure a cleaner and more hygienic environment for the city, its residents, and visitors, to strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers, including children and persons with existing respiratory conditions (while recognizing the threat to public health and the environment which smoking causes), and to decrease the accessibility of tobacco, tobacco -related products, and electronic vapor inhalation substances and devices, the declared purposes of this chapter are (1) to prohibit the smoking of tobacco or any other weed or plant or plant product or electronic vapor device in certain areas which are used by or open to the public, and certain areas in places of employment; (2) prohibit self -service sales and self-service displays, racks and shelves of tobacco products, and electronic vapor devices and electronic vapor inhalation substances; (3) require the posting of warning signs at the point of purchase which state the legal age of sale and that identification is required to purchase tobacco and electronic vapor devices and electronic vapor inhalation substances; (4)

Page 2 of 3 ends

prohibit vending machine sales of tobacco products; and (5) require all tobacco products and electronic vapor devices and electronic vapor inhalation substances be sold in original packaging with all legally required health warnings.

SECTION 3. Section 8.32.020 of Chapter 8.32 of Title 8 of the El Cajon Municipal Code is hereby amended by replacing the definitions of "Minor" and "Tobacco product" to read as follows:

"Minor" means any individual who is less than twenty-one years old.

"Tobacco product" means (1) any product containing tobacco leaf including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, shisha, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; (2) any product or formulation of m atter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human lungs or mouth; (3) any electronic vapor devic e, electronic vapor inhalation substance, and hookahs; or (4) any plant, weed, or plant product that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human lungs or mouth, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

SECTION 4. Subsections 8.32.030(A) and 8.32.030(B) of s ection 8.32.030 of Chapter 8.32 of Title 8 of the El Cajon Municipal Code are hereby repealed in their entirety.

SECTION 5. New subsections 8.32.030(A) and 8.32.030(B) are hereby added to section 8.32.030 of Chapter 8.32 of Title 8 of the El Cajon Municipal Code to read as follows:

A. No person or business shall offer for sale any tobacco product prior to prominently displaying a sign at the point of purchase of tobacco products that states: "SELLING TOBACCO PRODUCTS TO

PERSONS YOUNGER THAN TWENTY-ONE YEARS OF AGE IS
ILLEGAL. PHOTO ID IS REQUIRED TO PURCHASE ANY
TOBACCO PRODUCT." The letters of the sign shall be at least one- quarter inch high.

B. No person, business, tobacco retailer, or owner, manager, or operator of any establishment subject to this chapter shall sell, offer to sell, or permit to be sold any tobacco product to an individual without first examining identification that establishes the purchaser's age as at least twenty-one years.

P
age 3 of 3, Ordinance No. ____
SECTION 6. Subsection 8.33.090(A)(5) of s ection 8.33.090 of Chapter 8.3 3 of Title 8 of the El Cajon Municipal Code is hereby repealed in its entirety.

S
ECTION 7. A new subsection 8.33.090(A)(5) is hereby added to section 8.33.090 of Chapter 8.33 of Title 8 of the El Cajon Municipal Code to read as follows:

5. A
tobacco retailer with a suspended or revoked license:
a. S
hall remove all tobacco products and tobacco paraphernalia from public view; and
b. Sh
all not display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products at the tobacco retailer location or that would lead a reasonable consumer to believe that such products can be obtained at the tobacco retailer location, including any use of the terms, "tobacco," or "smoke shop, " or similar references in the name of the business operated by the tobacco retailer.

P
rovided, however, that instead of complying with subsections (a) and (b) of this section, the tobacco retailer may elect to post a clear and legible sign at each point of sale and at every public entrance stating in seventy -two point type or larger: " TOBACCO PRODUCTS NOT FOR SALE because this store has violated a public health law regulating tobacco" and such signs must be present and remain free of obstructions for the entire duration of the suspension period.

S
ECTION 8. This ordinance shall go into effect thirty (30) days following its passage and adoption.
11/12/24 CC Agenda – 1st Reading
12/10/24 CC Agenda – 2nd Reading
Ord - Amend ECMC 8.32 & 8.33 – Regulation of Smoking-2ndHand Smoke & Tobacco Licensure 092524

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Proposed Strikethrough Changes

TITLE 8 HEALTH AND SAFETY

Chapter 8.32 Regulation of Smoking and Secondhand Smoke in Certain Public Areas and Places of Employment

8.32.010 Purpose.

Smoking of any tobacco product or any other weed or plant is a positive danger to health and a cause of material annoyance, inconvenience, discomfort, and a health hazard to those who are present in confined places. Secondhand smoke is harmful to persons with certain respiratory conditions, and has also been determined to cause cancer to nonsmokers exposed to secondhand smoke on a frequent basis.

The United States Surgeon General and the United States Department of Health and Human Services found that a majority of the four hundred thirty -four thousand Americans that die each year from tobacco- related illness, and who smoked, became nicotine addicts before their eighteenth twenty-first birthday.

In order to serve public health, safety and welfare, to reduce unwanted and unwelcome exposure to secondhand smoke, to assure a cleaner and more hygienic environment for the city, its residents, and visitors, to strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers, including children and persons with existing respiratory conditions (while recognizing the threat to public health and the environment which smoking causes), and to decrease the accessibility of tobacco, tobacco- related products, and electronic vapor inhalation substances and devices, the declared purposes of this chapter are (1) to prohibit the smoking of tobacco or any other weed or plant or plant product or electronic vapor device in certain areas which are used by or open to the public, and certain areas in places of employment; (2) prohibit self -service sales and self- service displays, racks and shelves of tobacco products, and electronic vapor devices and electronic vapor inhalation substances; (3) require the posting of warning signs at the point of purchase which state the legal age of sale and that identification is required to purchase tobacco and electronic vapor devices and electronic vapor inhalation substances; (4) prohibit vending machine sales of tobacco products; and (5) require all tobacco products and electronic vapor devices and electronic vapor inhalation substances be sold in original packaging with all legally required health warnings.

8.32.020 Definitions.

"Minor" means any individual who is less than eighteen twenty-one years old.

"Tobacco product" means (1) any product containing tobacco leaf including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, shisha, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and (2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the

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expectation that the product or matter will be introduced into the human lungs or mouth; (3) any electronic vapor device, electronic vapor inhalation substance, and hookahs; or (4) any plant, weed, or plant product that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human lungs or mouth, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

8.32.030(A) and (B) Prohibitions.

A. No person or business shall offer for sale any tobacco product prior to prominently displaying a sign at the point of purchase of tobacco products that states: "SELLING TOBACCO PRODUCTS TO

PERSONS YOUNGER THAN EIGHTEEN TWENTY-ONE YEARS
OF AGE IS ILLEGAL. PHOTO ID IS RE QUIRED TO PURCHASE
ANY TOBACCO PRODUCT." The letters of the sign shall be at least one-quarter inch high.

B. No person, business, tobacco retailer, or owner, manager, or operator of any establishment subject to this chapter shall sell, offer to sell, or permit to be sold any tobacco product to an individual without first examining identification that establishes the purchaser's age as at least eighteen twenty-one years unless the seller has some reasonable basis for determining the buyer's age.

Chapter 8.33 Licensure of Tobacco Retailers.

8.33.090(A)(5) Penalties for violation.

5. A tobacco retailer with a suspended or revoked license:

a. Shall remove all tobacco products and tobacco paraphernalia from public view; and

b. Shall not display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products at the tobacco retailer location or that would lead a reasonable consumer to believe that such products can be obtained at the tobacco retailer location, including any use of the terms, "tobacco," or "smoke shop," or similar references in the name of the business operated by the tobacco retailer; .

c. Except in the case of a first or second suspension within any thirty- six month period, instead of complying with subsections (a) and (b) of this section, the tobacco retailer may elect to post a clear and legible sign at each point of sale and at every public entrance stating in seventy -two point type or larger: "TOBACCO

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PRODUCTS NOT FOR SALE because this store has violated a public health law regulating tobacco" and such signs must be present and remain free of obstructions for the entire duration of the suspension period.

Provided, however, that instead of complying with subsections (a) and (b) of this section, the tobacco retailer may elect to post a clear and legible sign at each point of sale and at every public entrance stating in seventy -two point type or larger: "TOBACCO PRODUCTS NOT FOR SA LE because this store has violated a public health law regulating tobacco" and such signs must be present and remain free of obstructions for the entire duration of the suspension period.

City Council
Agenda Report
Agenda Item 21.

DATE: November 12, 2024
TO: City Clerk
FROM: City Attorney/General Legal Counsel
SUBJECT: Closed Session - Conference with Legal Counsel - Existing Litigation - pursuant to paragraph (1) of subdivision (d) of Government Code section 54956.9: Anthony P. Crum v. City of El Cajon, and Does 1-20, inclusive; Superior Court of California, County of San Diego; Case No.: 24CU010745C
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, November 12, 2024, at 3:00 p.m.

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – pursuant to paragraph (1) of subdivision (d) of Government Code section 54956.9:

NAME OF CASE:

Anthony P. Crum v. City of El Cajon, and Does 1-20, inclusive Superior Court of California, County of San Diego
Case No.: 24CU010745C
MORGAN L. FOLEY
City Attorney/General Legal Counsel
MLF:hms
City Council
Agenda Report
Agenda Item 22.

DATE: November 12, 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, November 12, 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
City Council
Agenda Report
Agenda Item 23.

DATE: November 12, 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:

Parkway Plaza
APN 482-270-56-00
APN 482-270-35-00
APN 482-270-42-00
Negotiating Parties:

Star-West Parkway Mall LP
Penney Property Sub Holdings LLC
Star-West Parkway Mall LP

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, November 12, 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
Morgan L. Foley
City Attorney/General Legal Counsel
MLF:hms

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