RESOLUTION NO. ___-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CAJON
AUTHORIZING THE PURCHASE OF A PETERSEN TR3 GRAPPLE TRUCK USING
AMERICAN RESCUE PLAN ACT FUNDS
WHEREAS, on May 11, 2021, the City Council of the City of El Cajon (the "City") adopted Resolution 042 -21 allocating the City's approximately $30 million in American Rescue Plan Act ("ARPA") funds; and
WHEREAS, the City may authorize the Purchasing Agent to waive the bidding requirements in accordance with El Cajon Municipal Code sec tion 3.20.010(C)(5) and issue a sole source solicitation in compliance with federal regulations; and
WHEREAS, on December 3, 2024, staff in the City's Public Works Department submitted a memorandum with sole source justification to solicit a proposal and, if appropriate, purchase a Petersen TR3 Grapple Truck from Municipal Maintenance Equipment, Inc., ("MMEI"), as this unit’s function(s)/feature(s) meets the City’s specialized needs and includes, a three-year structural, one-year hydraulic warranty; and
WHEREAS, this procurement is funded by ARPA Grant Funds, and, as such, a sole source solicitation addressing federal clauses and requirements is recommended, including, but not limited to, the requirement that offerors and quoters must be registered in System for Award Management ( "SAM") when an offer or quotation is submitted to comply with the annual representations and certification requirements; and
WHEREAS, Federal Acquisition Regulations Section FAR 52.204 -13 System for Award Management Maintenance, which states in part: "If the solicitation for this contract contained the provision 52.204 -7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first," however, funds must be encumbered by December 31, 2024 in order to receive grant funding, therefore "active" registration must occur by December 30, 2024; and
WHEREAS, this sole s ource request has been reviewed by City staff and this purchase is recommended as an exception to the City’s competitive bidding requirement pursuant to ECMC section 3.20.010(C)(5), finding that: “[t]he bidding procedures of this chapter may be waived, and an open market purchase pursuant to section 3.20.110 of this chapter may be authorized for all expenditures not involving a public project when the commodity or service can be obtained from only one source”; and
WHEREAS, City staff recommends that the City C ouncil authorize the City's Purchasing Agent to waive bidding requirements and issue a sole source solicitation in compliance with federal regulations and El Cajon Municipal Code section 3.20.010 (C) (5), award and issue a purchase order in the not-to-exceed amount of $322,000 to MMEI contingent upon the requirements cited above, and authorize the City Manager to approve any modifications not to exceed $100,000 that may occur due to pricing fluctuations; and
WHEREAS, the fiscal impact of the award is $322,000 and funds are available in Fiscal Year 2024-25 Annual Budget: American Rescue Plan Act Funds (ARP23); and
WHEREAS, this action is exempt from the California Environmental Quality Act ("CEQA") in accordance with State CEQA Guidelines section 15378 (b)(2); and
WHEREAS, the City Council believes it to be in the City's best interest to issue a sole source solicitation in compliance with federal regulations and El Cajon Municipal Code section 3.20.010(C)(5) to award and issue a purchase order in the not -to-exceed amount of $322,000 to MMEI, with the provision that all necessary conditions are timely met, and to authorize the City Manager to approve any modifications not exceeding $100,000.
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 purchase of the Petersen TR3 Grapple Truck is determined to be exempt from further CEQA analysis under section 15378(b)(2) of the CEQA Guidelines.
3. The City Council hereby authorizes the City's Purchasing Agent to waive bidding re quirements, issue a sole source solicitation in compliance with federal regulations and El Cajon Municipal Code section 3.20.010(C)(5), award and issue a purchase order in the not -to-exceed amount of $322,000 to MMEI contingent upon all conditions being timely met, and authorize the City Manager to approve any modifications not to exceed $100,000 as described above.
4. The City Council hereby authorizes purchase of a Petersen TR3 Grapple Truck from MMEI in the amount of $322,000, contingent upon the vendor’s compliance with the necessary deadlines and other requirements.
5. The City Council hereby authorizes the City Manager to approve any modifications not to exceed $100,000.
6. The City Council hereby authorizes the City Manager, or such person as is designated by the City Manager, to execute the necessary purchase o rders for the Petersen TR3 Grapple Truck from MMEI , with any such changes , amendments refinements, or other documents as may be necessary and approved by the City Manager on behalf of the City of El Cajon.
12/10/24 CC Agenda
Reso – Authorize sole source purchase of Grapple truck w-ARPA Funds 120424 111e Valley 0JOJ1po1·11111/IJ•
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INTERNAL MEMO
To: Mara Anna Romano, Purchasing Agent
From: Monica Martinez, Sr. Management Analyst
Date: December 3, 2024
Re: Sole-Source Recommendation
Purpose:
The Public Works Department uses a Rapid Response Team to cleanup trash, abandoned larger items such as furniture, and encampments. Currently, the team uses a F-350 pickup truck with a dump bed and lift gate. Smaller items are thrown over the side of the dump bed and larger items are loaded with the lift gate.
The employees on the Rapid Response Team face a higher risk of on-the-job injureis. Assigned staff are required to continuously move heavy objects by hand and throwing large amounts of trash over the side of their dumptruck day-in-and-day-out. In addition, the team encounters and cleans up soiled objects, chemicals, sharp objects, and drug paraphanelia while cleaning up abandoned trash and encampments.
To help reduce the risk of on-the-job injuries, exposure to dangerous objects and materails, and to increase efficiencies, staff evaluated the Petersen Grapple Truck . The truck is outfitted with a large dump bed, grapple bucket, and sideloader. It is the only vehicle on the market that offers both a grapple bucket AND a sideloader. The truck is uniquely suited for bulk item collection and the cleanup of homeless encampments, ensuring safety, efficiency, and effectiveness in operations.
Sole Source Justification:
SIDE LOADER: The biggest advantage of the Petersen Grapple Truck over other grapple trucks is its unique feature Route Assistant Feature, or side loader. This feature includes a specially designed bin on the side of the truck, positioned low to the ground, making it safe and easy to load smaller items like trash and debris often found on streets or in homeless encampments. Once loaded, the bin is mechanically lifted and dumps the items into the truck bed, much like a trash collection truck. The sideloader allows staff to quickly load trash when the grapple is not required. Using the grapple everytime would require setting out traffic control and extending the stabilizer arms. The sideloader minimizes the risk of injury and reduces contact with unsanitary items. No other manufacturer offers a grapple truck with a sideloader, making it a crucial tool for safer and more efficient operations.
GRAPPLE BUCKET: Another key feature of the Petersen Grapple Truck is its patented Single Cylinder Bucket design. This bucket is specifically engineered to protect critical components, such as hoses and cylinders, from damage caused by debris. Unlike many other grapple systems, which borrow designs from logging trucks and leave these parts exposed, Petersen's design ensures greater durability and reliability for urban cleanup tasks. Exposed components are more likely to be damaged_ by furniture and large items commonly picked up by the Rapid Response Team, making Petersen's design a more reliable choice for these types of collections. This design also offers a significant safety advantage. A bucket failure in an urban environment could lead to increased risks of injury, property damage, and liability. By safeguarding essential components, the Petersen Grapple Truck enhances safety while reducing the chance of costly repairs or accidents.
ON-SITE SERVICE: The final benefit of the Petersen Grapple Truck is the Dedicated Local Service from Municipal Maintenance Equipment (MME). MME is the only authorized California dealer for Petersen Grapple Trucks, providing fast, on-call support with mobile technicians who provide on-site repairs. This ensures quick repairs and minimal downtime for city operations. The El Cajon Public Works Department has frequently encountered challenges when sending equipment for repairs to non-local facilities, which results in significant downtime and often requires personnel to drive the vehicles to the repair center. This process is not only time consuming but also costly. By having on-site service, the department can save money on transportation and repair costs. Since daily pickup of trash and large items is essential, minimizing repair time is crucial to ensure safe, efficient, and timely responses to work requests.
Conclusion:
The Petersen Grapple Truck stands alone in its ability to meet the specific operational requirements of the City of El Cajon Public Works Department.
Its unique sideloader feature is critical for collecting smaller items safely and efficiently, while its proprietary components and on-site support ensures superior performance and reliability.
The Petersen Grapple Truck is the only vehicle with both a grapple bucket and sideloader. No other manufacture offers these combined features in one truck. Purchasing this vehicle will reduce on the job injuries, exposure to dangerous mateials and objects, and increase operational efficiencies.
Recommendation:
Approval of this sole source request is strongly recommended for the acquisition of the Petersen Grapple Truck to support critical city operations.
Thank you for your consideration.
David Richards
Director of Public Works
Attachments:
1. Sole-Source Form
2. Purchase Requisition
3. Quote
City Council
Agenda Report
Agenda Item 18.
DATE: December 10, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Noah Alvey, Deputy Director of Community Development SUBJECT: Amendments to the El Cajon Municipal Code (Title 16 and Title 17) & Specific Plan No. 182
RECOMMENDATION:
That the City Council:
Opens the Public Hearing and receives testimony;1.
Closes the Public Hearing; and2.
Directs staff to prepare ordinances for introduction at the January 14, 2025, City Council meeting.
3. PROJECT DESCRIPTION:
The proposed Subdivision Ordinance and Zoning Code updates are primarily related to housing in order to comply with recently approved and enacted State laws as well as items directed by the City Council during 2024. Other minor, non-substantive changes are also included to improve clarity and consistency in the interpretation of the Zoning Code.
The updates to Specific Plan No. 182 (Downtown Master Plan) are primarily items directed by the City Council during 2024 including adding requirements for decorative lighting, prohibiting animated or flashing signs including light ropes that illuminate with flash or movement, and allowing additional on-sale only alcoholic beverage establishments. Other non-substantive changes include clarifying retail merchandise window display requirements.
BACKGROUND:
On July 23, 2024, the City Council conducted a review of the Zoning Code Sign Ordinance and directed staff to investigate adding requirements for decorative lighting, and prohibiting animated or flashing signs, including flashing light ropes within the Downtown Master Plan area.
On September 25, 2024, staff attended the Downtown Property Based Improvement District (PBID) Board of Directors (Board) meeting. During the meeting, the PBID Board discussed potential changes to sign regulations and expressed support for prohibiting animated or flashing signs, including flashing light ropes. The Board also discussed options for regulating the color of lighting, but ultimately supported the use of a variety of colors and multi-colored lights in order to promote variety and creativity in the Downtown area.
On October 8, 2024, the City Council discussed amending regulations within the Downtown Master Plan area in order to allow bars or on-sale only alcohol establishments not subject to .!!!!_ Valley of opportunity
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spatial requirements found in the Zoning Code, but only allowing a limited number of establishments within the core downtown area. These proposed changes were also supported by the PBID Board. The City Council also indicated that a comparison of on-sale only establishments in downtown La Mesa and in North Park’s main commercial corridor would be helpful when reviewing proposed regulations.
Presently, there are only two “bar-only” establishments in the downtown area: Main Tap Tavern and La Fiesta Night Club – both of which are on the 500 block of East Main Street. The City of La Mesa’s downtown district along La Mesa Blvd. from 4th Street to Acacia Avenue has three on-sale-only alcoholic beverage establishments: Coin Haus, Pete’s Place, and The Regal Bar.
North Park’s main activity area centers at University and 30th from Polk to North Park Way and from Grimm to Utah with five on-sale only alcoholic beverage establishments. Attachments 5 and 6 include existing on-sale alcohol establishments in La Mesa and North Park for reference.
On October 22, 2024, the City Council initiated updates to housing regulations based on recently approved State housing bills. The direction from the City Council also included non-substantive technical cleanups and a few minor substantive changes that staff has tentatively identified to fill gaps in current regulations.
DISCUSSION
The proposed Subdivision Ordinance, Zoning Code, & Downtown Master Plan changes are summarized as follows:
Subdivision Ordinance & Zoning Code
Housing – The update proposes a ministerial review process for infill housing projects as required by State law, including ministerial approval of the subdivision map. An exemption from design standards is proposed for minor additions to single family dwellings. Residential Care Facilities are proposed to be permitted with a conditional use permit in single-family zones, as required by State law, with an expedited permit process.
Accessory Dwelling Units – As required by state law, up to eight detached accessory dwelling units (ADUs) or as many detached ADUs as there are primary dwelling units on the lot will now be allowed. Furthermore, off-street parking spaces eliminated with the construction of an ADU will no longer be required to be replaced, and unauthorized or unpermitted ADUs may be permitted if there are no life or safety issues.
Miscellaneous and Commercial Uses – The proposed zoning changes include four Miscellaneous and Commercial Use changes:
The sunset date for the Emergency Housing Pilot Program is proposed to be removed, allowing the continued operation of the existing project at Meridian Baptist Church and potential future applications for other sites.
1. Temporary feeding areas in commercial zones are proposed to change from a conditional use permit to a temporary use permit, which will allow for up to two events per year with a temporary use permit and more with a conditional use permit.
2. A footnote is proposed for the commercial land use table to reflect the amendment to Specific Plan No. 32 (E. Chase Ave. and Avocado Ave.) approved by the City Council which allows limited wholesale uses.
3. A voluntary provision is also proposed to allow a private property owner to identify parking4.
A voluntary provision is also proposed to allow a private property owner to identify parking for clean air vehicles.
4. Downtown Master Plan - Specific Plan No. 182
Signs and Light Ropes – The proposed amendment would prohibit lighting that blinks, flashes, spins, or exhibits changing luminance. Lighting would also not be allowed to change colors, hue, shade, or tint. Based on the input from the PBID Board, the update does not regulate the color of lights.
Bars – Although Specific Plan No. 182 governs an area that stretches from Marshall to Lincoln, and from Madison to Lexington, it is the area on East Main from Magnolia to Claydelle including Sulzfeld to Rea to Magnolia, that functions as the downtown core. In this area, the proposed amendment includes the allowance of no more than two additional on-sale alcoholic beverage establishments with the approval of a conditional use permit. This approach is consistent with other alcohol-serving businesses by conditional use permit: microbreweries and restaurants with full bar service. Furthermore, the proposed amendment includes a maximum establishment size of 2,500 square feet and is subject to operational standards and findings in the Deemed Approved Ordinance (Alcohol Sales and Deemed Approved Alcohol Sales Regulations).
Display of Retail Merchandise – Currently, the Downtown Master Plan allows merchandise to be displayed in windows, but not obscuring more than 15% of the window area in order to maintain “uncluttered display windows [that] encourage pedestrians to linger, then come inside.” Display cabinets or windows are also currently permitted, such as the display of clothed mannequins. In order to differentiate between these types of displays, clarifying language is proposed to require any bulk display of merchandise (e.g., shipping boxes on pallets) to maintain a walkway between the merchandise and the window or that the display adjacent to the window depicts an action or single pieces of merchandise available within the store (e.g., mannequins wearing clothing, jewelry, assembled toys, athletic equipment, food products, etc.).
PLANNING COMMISSION RECOMMENDATION:
On November 19, 2024, the Planning Commission held a public hearing and unanimously voted to recommend approval of the proposed updates. The Planning Commission also added a concern that the additional on-sale alcohol outlets do not result in an increase in the general crime rate.
FINDINGS:
Subdivison Ordinance & Zoning Code
The proposed subdivision ordinance update and zoning amendment, including any changes proposed in the various land uses to be authorized, is compatible with the objectives, policies, general land uses, and programs specified in the general plan.
A.
The proposed amendments to the Subdivision Ordinance and Zoning Code further the goals of the General Plan by implementing reforms to reduce governmental constraints on development. Further, pursuant to Goal 10, the City “shall periodically revise its regulatory codes, ordinances and policies so that they may reflect current, upgraded standards of development and performance.” The proposed changes ensure clarity and eliminate existing ambiguities and are consistent with recently approved and enacted State laws.
The proposed zoning amendment is consistent with any applicable specific plan governing development of the subject property.
B.
The proposed Zoning Code amendment is applicable Citywide. No zone changes are proposed as part of this project. The Zoning Code amendment is consistent with Specific Plan No. 32 and Specific Plan No. 182.
It is in the public necessity and convenience and/or general welfare that the zoning regulations governing the property be changed.
C.
The proposed Zoning Code amendments will not significantly alter the character of the City or cause significant health, safety or welfare concerns, since the amendments are consistent with the General Plan and directly implement City goals and policies to ensure a healthy and safe community. Furthermore, the proposed changes provide clarity, consistency, objective standards for new development, and help streamline development review processes in accordance with State law.
Downtown Master Plan (Specific Plan No. 182)
The proposed specific plan serves the public interest.A.
The proposed specific plan amendment is applicable to the downtown area and is not property-specific. The amendment will promote the public health, safety and general welfare of persons driving, parking, walking, residing, or conducting business within the downtown by reducing visual distractions. Furthermore, the amendment will improve the visual environment of the downtown by ensuring visible product display, and other attention-getting methods, are attractive, aesthetically pleasing, and more effective.
The proposed specific plan will systematically implement the City’s general plan.B.
The Downtown Master Plan (Specific Plan No. 182) focuses on a particular portion of the City where special circumstances require a more detailed framework of development than the General Plan, and more detailed standards than the general provisions of the Zoning Code. This approach effectively establishes a link between General Plan implementing policies and potential development proposals in the defined area. The proposed amendment is designed to encourage investment and target new development in the City’s downtown area.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The proposed updates are exempt from the provisions of the California Environmental Quality Act (“CEQA”) according to the common sense exemption (State CEQA Guidelines, section 15061(b)(3)). The common sense exemption applies where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed amendment does not result in any development or changes to the physical environment and does not raise this project to a level of significance that warrants CEQA analysis.
PUBLIC NOTICE & INPUT:
Notice of this public hearing was published in the East County Gazette on November 8, 2024, in compliance with Government Code sections 65090, 65091, and 65092, as applicable.
Additionally, as a public service, the notice was posted in the kiosk at City Hall and on the City’s website under “Public Hearings/Public Notices.” The notice was also mailed to the two public libraries in the City of El Cajon, located at 201 East Douglas Avenue and 576 Garfield Avenue.
Individual letters were also mailed to all business operators within the Downtown Master Plan.
RECOMMENDATION:
Staff recommends approval of the proposed updates to the Subdivision Ordinance, Zoning Code, and the Downtown Master Plan (Specific Plan No. 182) to ensure consistency with recently approved State laws, as well as minor technical changes for consistency and permit streamlining, and to encourage investment and target new development to the City’s downtown area.
Prepared By: Noah Alvey, Deputy Director of Community Development Reviewed By: Anthony Shute, Director of Community Development Approved By: Graham Mitchell, City Manager
Attachments
Proposed Resolution - CEQA
Proposed Subdivision Ordinance Changes
Proposed Zoning Code Ordinance Changes
Proposed SP No. 182 Ordinance Changes
Proposed On-Sale Alcohol Eligible Frontage Areas
La Mesa On-Sale Alcohol Map
North Park On-Sale Alcohol Map
RESOLUTION NO. ___-24
A RESOLUTION APPROVING
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) EXEMPTION SECTION 15061(b)(3) FOR UPDATES TO THE SUBDIVSION ORDINANCE, ZONING CODE, AND SPECIFIC PLAN NO. 182
WHEREAS, the El Cajon Planning Commission held a duly advertised public hearing on November 19, 2024, to consider updates to the Subdivision Ordinance, Zoning Code, and Specific Plan No. 182, for economic development, housing, and mi nor technical changes, revisions, and edits for clarity and consistency (the "Project"); and
WHEREAS, in accordance with California Environmental Quality Act ("CEQA") Guidelines section 15061(b)(3), and prior to making a recommendation on the Project to the City Council, the Planning Commission reviewed and considered the information contained in the Project staff report; and
WHEREAS, it is proposed that the Project is exempt from CEQA under the common sense exemption in accordance with the California E nvironmental Quality Act Guidelines section 15061(b)(3) for the proposed Project; and
WHEREAS, there is no possibility that the activity in question may have a significant effect on the environment; and
WHEREAS, the Project does not result in any devel opment or changes to the physical environment and does not raise this project to a level of significance that warrants CEQA analysis; and
WHEREAS, no evidence was presented in proceedings that any of the conditions exist to provide exceptions to categori cal exemptions as described in CEQA Guidelines section 15300.2; and
WHEREAS, after considering evidence and facts, the Planning Commission did consider the proposed CEQA exemption, section 15061(b)(3), as presented at its meeting and recommended City Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:
Section 1. That the foregoing recitals are true and correct, and are findings of fact of the City Council in regard to the proposed exemption for the Project.
Section 2. That based upon said findings of fact, the El Cajon City Council hereby approves the proposed exemption (CEQA Guidelines section 15061(b)(3)) for the Project.
ORDINANCE NO. ___-24
AN ORDINANCE AMENDING CHAPTER 16.56 OF THE EL CAJON MUNICIPAL CODE
ADDRESSING MINISTERIAL APPROVAL OF CERTAIN SUBDIVISIONS
WHEREAS, it is the intent of the El Cajon City Council (“City Council”) to provide clarity in the El Cajon Municipal Code; strengthen the relationship between zoning and subdivision regualtions; and provide a more expeditious review process for subdivisions that meet certain criteria for infill development projects.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:
Section 1. That the foregoing recitals are true and correct, and are findings of fact of the City Council in regard to amendments to the El Cajon Municipal Code.
Section 2. Chapter 16.12 of Title 16 of the El Cajon Municipal Code is hereby amended to replace section 16.12.070 as follows.
Chapter 16.12 Major Subdivisions - Procedure
16.12.070 Planning director's duties.
A. The planning director shall obtain for the planning commission the reports and recommendations of the city engineer, the parks and recreation director, the fire chief, or their authorized representatives, with respect to the design of the proposed subdivision and the kind, nature and extent of the proposed improvements. Recommendations may also be obtained from any other person affected by or interested in the proposed subdivision, if such recommendation is found to be necessary.
B. The planning dire ctor shall prepare a staff report to the planning commission containing the reports and recommendations regarding the tentative map. A copy of the reports and recommendations shall be provided for the subdivider at least five days prior to planning commiss ion consideration of his tentative map.
C. The planning director shall set the map for public hearing before the planning commission.
D. The planning director or designee shall approve subdivisions ministerially that meet the requirements specified in Section 17.225.270
Zoning Code Amendment No. ZCA-2024-0002
Proposed Strikethrough Changes
TITLE
17 ZONING
Chapter 17.40 Administrative Zoning Permit
17.40.020 Applicability
I. Housing developments eligible for min isterial review, in compliance with section
17.225.270
Chapter 17.105 Definitions
Section 17.105.020 Definitions
"Biomedical Technological office" means medical, technological, or biological, and various technological research, analysis, and production, and excluding any research or analysis of cannabis or related products and derivatives.
Chapter 17.135 Mixed use overly zone
17.135.030 Compatibility
C. Supporting evidence provided by the applicant is acceptable and sufficient to approve the administrative relief, which may include but is not limited to a traffic impact study, parking study, traffic demand management strategies, or other study or analysis prepared by a certified expert licensed to prepare such work.
Chapter 17.140 Residential Zones
17.140.170 Single-family dwelling review procedures.
I. An addition to a single-family dwelling that is less than 25% of the square footage of the existing dwelling is exempt from section 17.140.170(F) , but the addition shall be required to include building materials and features that are consistent with the existing dwelling.
IJ. Deviations from the standards in this section require approval of an administrative zoning permit, in conformance with Chapter 17.40.
17.140.180 Accessory and junior accessory dwelling units.
The standards set forth in this section may be applied to any lot in the city permitting single-family or multifamily primary residential uses each, an "eligible lot." For lots zoned to permit single-family dwelling units, these standards are applicable in conjunction with a proposed or existing primary dwelling unit upon such lot. For lots zoned to permit multifamily dwelling units, these standards are applicable in conjunction with an existing or proposed primary multifamily dwelling.
A. Permit Required. A building permit is required for any new accessory or junior accessory dwelling unit.
B. Number of ADUs. The following number and types of accessory dwelling units shall be allowed.
1. Lots with Single-Family Dwelling Units. For each eligible single-family lot, up to one accessory dwelling unit and one junior accessory dwelling unit may be permitted with an existing or proposed single-family dwelling unit.
2. Lots with Multifamily Dwelling Units. Accessory dwelling units may be permitted with existing or proposed multifamily dwelling units in accordance with the following:
a. At least one unit and up to 25 percent of the existing number of multi -family dwelling uni ts may be permitted within portions of an existing multi -family development in those areas that are not used as livable space including (but not limited to) storage rooms, basements, garages, attics, or other similar areas that may be converted.
b. For an existing or a proposed multi -family development, in addition to the provisions of subsection (B)(2)(a), for each eligible multi -family lot, up to two detached accessory units may be constructed, subject to four foot side and rear setbacks and a height limit of 16 feet and three foot side and rear setbacks and a height of 12 feet.
c. Lots with existing multi -family development may have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less in accordance with Government Code 66323.
C. Size.
1. Lot Coverage; Open Space Requirements. Each eligible lot, regardless of the size of the primary dwelling unit, maximum lot coverage, or minimum open space requirements may include an attached or detached accessory dwelling unit of up to 800 square feet;
2. Maximum Unit Size. For each eligible lot, the maximum size of an attached or detached accessory dwelling unit shall be not more than 1,200 square feet of habitable space, but under no circumstances shal l the attached or detached accessory dwelling unit be larger than the primary dwelling unit when including attached non-habitable spaces such as garages;
3. Efficiency Units. The unit size for an attached or detached accessory dwelling unit or junior accessory dwelling unit shall, at a minimum, meet the standards for an
efficiency unit as defined by the California Health and Safety Code section 17958.1. Minimum standards shall be applied through the building code; and
4. Junior ADUs. A junior accessory dw elling unit shall not exceed an area of 500 square feet.
D. Parking.
1. Except as otherwise provided in this subsection, one additional paved off -street parking space per accessory dwelling unit must be provided. Such parking space may be provided as a t andem space and/or located in the required front yard setback area if in compliance with the paved parking standards listed in section
17.140.160. Parking is not required to be provided in any of the following circumstances:
a. Proximity to public transit. Unit is located within one- half mile of public transit, including light rail and bus stations;
b. Historical/Architectural significance. Unit is located within an architecturally and historically significant residence historic district;
c. Primary dwelling units. Unit is part of the proposed or existing primary dwelling unit, or an accessory structure as defined in section 17.140.120 (Accessory structures);
d. Junior ADU. Unit is a junior accessory dwelling unit or is part of an existing primary dwelling unit or an existing accessory structure; e. On-street parking permit. On-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or
f. Car-share program. There is a car -share program located within one block of the accessory dwelling unit.
2. Off-street parking spaces are not required to be replaced when a garage, carport or covered parking structure is demolished in conjunction with the construction of, or conversion to an ADU as described in Government Code 66314.
E. Standards of Development.
1. Conversion for an Accessory Dwelling Unit. Existing permitted structures converted to an accessory dwelling unit either attached or detached to the primary dwelling unit such as a garage or other accessory building shall meet the following requirements:
a. Building and fire safety codes;
b. Independent exterior access from the existing primary dwelling unit; and
c. Sufficient side and rear setbacks for fire safety.
2. Detached Accessory Dwelling Unit. New detached structures for accessory dwelling units shall meet the following requirements unless such requirements prohibit an accessory dwelling unit of at least 800 square feet in area with three foot rear and side yard setbacks:
a. Conformity with all requirements of the zone in which the unit is located, except as identified in paragraphs (2)(b) through (g), below. Additionally, detached accessory dwelling units shall be located outside of the front and exterior setback unless this requirement would prohibit an accessory dwelling unit of at least 800 square feet in area;
b. Limited to the maximum height of the underlying zone when located within the primary dwelling unit setback requirements. Height limitations for areas outside of the primary dwelling unit setbacks are as follows:
i. Maximum height of 20 feet with a five foot setback; no more than 16 feet with four foot setback; and no more than 12 feet with a three foot setback, ii. When the detached accessory dwelling unit is within one- half mile walking distance of a major transit stop or a high-quality transit corridor the height is limited to 18 feet with up to two additional feet permitted to accommodate a roof pitch so long as it is aligned with the roof pitch of the primary dwelling, iii. When the detached accessory dwelling unit is located on a lot with an existing or proposed single-family or multifamily dwelling that is two stories or greater, the height is limited to 18 feet;
c. Subject to a minimum three foot rear and side setback; d. In accordance with the California Health and Safety Code requirement, no fire sprinkler system is required unless provided for the primary dwelling unit; e. Limited in size in accordance with subsection C above; f. Attached covered patios, porches and simil ar covered areas intended to be used by the occupant of the accessory dwelling unit, except for a two- car garage or carport, shall be included in the maximum floor area of the proposed unit; and
g. The proposed accessory dwelling unit shall be constructed of similar building materials, colors, and with a similar architectural style to the primary dwelling unit.
3. Attached Accessory Dwelling Unit. New attached accessory dwelling units shall meet the following requirements unless such requirements prohibit an accessory
dwelling unit of at least 800 square feet in area with three foot rear and side setbacks:
a. Conformity with all requirements of the zone in which the unit is located, except as identified in paragraphs (3)(b) through (g), below;
b. Limited to the maximum height of the underlying zone when located within the primary dwelling unit setback requirements and to a maximum height of 20 feet with a five foot setback; no more than 16 feet with four foot setback, and no more than 12 feet with a three foot setback;
c. Subject to a minimum three foot rear and side setback; d. In accordance with the California Health and Safety Code requirement, no fire sprinkler system is required unless provided for in the primary dwelling unit. If an accessory dwelling unit is attached to the primary single-family dwelling unit, the wall separating units shall be as required by the California Building Code, and/or the California Residential Code or both;
e. Limited in size in accordance with subsection C above; f. Attached covered patios, porches and similar covered areas intended to be used by the occupant of the accessory dwelling unit, except for a two- car garage or carport, shall be included in the maximum floor area of the proposed unit; and
g. The proposed accessory dwelling unit shall be constructed of similar building materials, colors, and with a similar architectural style to the primary dwelling unit.
4. Junior accessory dwelling units shall meet the following requirements:
a. Shall be created within the existing walls of the primary dwelling unit; b. Shall include an independent exterior access from the primary dwelling unit; c. Shall include an efficiency kitchen that consists of:
i. A sink with a minimum waste line diameter of one and one-half inches; ii. A cooking facility with appliances that have electrical service equal to or greater than 120 volts or natural or propane gas; and
iii. A food preparation counter and storage cabinets that are reasonable to the size of the unit; and
d. No additional parking shall be required for the junior accessory dwelling unit.
F. Standards of Performance. Every junior accessory dwelling unit approved by this Title shall meet the following standards of performance:
1. Owner Occupancy. The property owner m ust occupy either the primary dwelling unit or the junior accessory dwelling unit, unless the property owner is a governmental agency, land trust, or housing organization. Should this requirement not be honored by the property owner, it will be cause to have the junior accessory dwelling unit removed in accordance with appropriate procedures.
2. Recorded Restrictions. A notice of restriction shall be recorded so that it appears in the chain of title for the property. A building permit will not be finalized without proof of recordation of the notice of restriction.
3. Common Ownership. The unit shall not be sold separate from the primary dwelling unit.
4. Minimum Term. Tenancy shall not be less than 30 days.
G. Fees.
1. Development Impact Fees; Applicability. Development Impact Fees for ADUs and JADUs shall comply with Chapter 17.25 Procedures, Hearings, Notices and Fees.
2. Fee Waiver. In addition to the requirements in Chapter 17.25, ADUs or JADUs that are less than 750 square feet shall not be subject to any impact fees. Any impact fees charged for an ADU more than 750 square feet shall be charged proportionately in relation to the square footage of the primary dwelling unit.
H. Special Exemption from City Standards. Notwithstanding other provisions of this title, the addition of an accessory or junior accessory dwelling unit on a lot as provided under this section of and by itself will not initiate requirements for any new or updated standards relating to the existing residential structure. Such standards or requirements that would otherwise apply will be deferred until the normal operation of those other city code sections come to apply to such property. Such deferral of new or updated standards will not be granted for any building or portion thereof that was constructed illegally, nor will such deferral be granted for required public improvements. It is the clear intent of this subsection that the existing standards which were legally provided on the existing residential structure may remain as they were prior to the construction of the second-family unit.
I. Unauthorized or unpermitted ADUs and JADUs may be issued permits to legalize the unit in accordance with Government Code section 66332.
Table 17.140.210
Residential Land Use Table
Residential
Zones PRD
RS-
40 RS-
20 RS-
14 RS-
9 RS-
6 RM-
6000
RM-
4300
RM-
2500
RM-
2200
RM-
1450
RM-
HR Notes
Primary Residential Uses (subject to density restrictions) Residential
care facility
for 7 or
more
XC XC XC XC XC XC XC C C C C C 4
Chapter 17.145 Commercial Zones
Table 17.145.150
Commercial Land Use Table
O-P C-N C-G C-R C-M Notes
Commercial Uses
Wholesale trade excluding explosives X XP X X P 39
Temporary feeding area CT CT CT CT CT
39. Wholesale trade in the C-N zone is only allowed within the boundaries and subject to the provisions contained within SP No. 32.
Chapter 17.185 Parking Standards
17.185.260 Clean Air Vehicle Parking
Any existing or proposed parking area may identify preferential parking spaces for clean air vehicle parking.
Chapter 17.190 Signs
17.190.200 Prohibited Signs
The following signs are prohibited, unless expressly allowed or permitted by another provision of this chapter:
A. Animated signs;
B. Flashing signs (including flashing string lights, light ropes, and strobe lights); C. Sign spinners;
- - - - -- - - - -
D. Marquee signs;
E. Portable signs;
F. Revolving signs (except barber poles);
G. Banners, except as permitted by Section 17.190.140; H. Balloons, except as permitted by Section 17.190.140; I. Searchlights, except as permitted by Section 17.190.140; and J. Inflatable objects, except as permitted by Section17.190.140.
Chapter 17.225 Miscellaneous Special Uses and Regulations
17.225.185 Emergency housing pilot project.
Emergency housing units may be allowed on properties in residential zones including the MU Overlay (mixed use) zone, subject to the approval of an Administrative Zoning Permit (AZP), and processed in accordance with Chapter 17.40 and the following requirements, and subject to the following criteria.
A. Definitions.
Emergency Housing Unit. An emergency housing unit means either a unit on wheels as defined in section 17.225.185 (B)(4)(a), or as an emergency sleeping cabin as defined in El Cajon Municipal Code section 15.04.105 and the California Building Code. This does not include tents, membrane structures, mobile homes, or recreational vehicles.
Non-Governmental Institutional Use. A non- governmental institutional use means a use dedicated to serving the community through social, health, cultural, and religious means.
B. Development Standards.
1. Property shall be a minimum of one and one half (1.5) acres and front on a primary or secondary thoroughfare as shown on the City's General Plan map.
2. Primary use of the property shall be a non-governmental institutional use as defined in section 17.225.185. (A)(2).
3. Housing units shall meet the underlying zone's primary setbacks and be separated from each other by a minimum of six feet.
4. Housing units may be allowed in two forms: on wheels or standard construction as defined in the California Building Code and El Cajon Municipal
Code section 15.04.105. In either case, there shall be no more than six units on the subject property.
a. On Wheels Standards.
i. Licensed and registered with the California Department of Motor Vehicles and meets American National Standards Institute (ANSI) 119.2 or 119.5 requirements;
ii. Towable by a bumper hitch, frame- towing hitch, or fifth- wheel connection. Cannot (and is designed not to) move under its own power (no RVs);
iii. No larger than allowed by California State Law for movement on public highways;
iv. Has at least 70 square feet of first floor interior living space; and v. Has basic functional areas that support normal daily routines such as cooking, sleeping, and lavatory if lavatories are not provided on the subject property in accordance with the operational standards in this section.
b. Standard construction shall be subject to the Calif ornia Building Code and El Cajon Municipal Code section 15.04.105, except there shall be no use of generators for electricity.
c. A detailed management plan shall be required and included with the Administrative Zoning Permit application. The plan shall include, but not be limited to, the number of case managers and security personnel; the hours of operation; resident screening procedures; on-site supportive services; cleaning protocols; rules; property management; and a description of all case management programs and their objectives.
d. Sufficient off -street parking spaces shall be provided to accommodate the primary use and the emergency housing operation. e. All activities, except outdoor recreational activities, shall be conducted totally within an enclosed building or other structures in compliance with applicable fire and building codes.
f. Other development standards may be required as determined through the review process.
5. Operational Standards.
a. Occupants of any emergency units shall be limited to homeless individuals in El Cajon and recognized as such by San Diego County Health Services or organizations providing homeless prevention and assistance services. b. Occupant's length of stay shall not exceed 90 days. c. On-site security shall be provided on a 24 hours a day, seven days a week, basis.
d. All residents and visitors must check in with on- site security to access the site.
e. Services will be designed to provide basic needs including shelter, sanitation, food, case management and wrap around services, restrooms, and showers facilities, all of which shall be operated by an organization experienced with providing such services.
f. There shall be no unauthorized loitering, sleeping or camping on the subject property or on any adjacent properties in violation of the El Cajon Municipal Code.
C. This section shall sunset on December 31, 2024, unless extended by the City Council after holding a public hearing in accordance with the El Cajon Municipal Code and governing s tate statutes. Once this ordinance sunsets, all emergency housing operations shall cease and all housing units shall be removed within 60 days.
17.225.270 Ministerial review of housing developments and subdivisions A parcel map or a tentative and final map for a housing development project that meets certain requirements, including; the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, is zoned for residential development, is no larger than 5 acr es, as specified, and the newly created parcels are no smaller than 600 square feet, except as provided by Government Code section 65852.28 shall be considered ministerially without discretionary review or a hearing, in accordance with the requirements of Chapter 17.60 or Chapter 17.125, and subject to the approval of an administrative zoning permit.
17.225.280 Expedited processing for residential care facilities for seven or m ore persons
Residential care facilities for seven or m ore persons shall be eligible for expedited processing in order to remove constraints to development as specified in the Lanterman
Development Disabilities Services Act (Section 5115 and 5116) of the California Welfare and Institutions Code.
CITY OF EL CAJON
DOWNTOWN EL CAJON
SPECIFIC PLAN No. 182
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SPECIFIC PLAN No.182 – Page 2
CITY OF EL CAJON
DOWNTOWN EL CAJON
SPECIFIC PLAN No. 182
Intent and Purpose of SP No. 182
It is the intent and purpose of Specific Plan No. 182 to implement the recommendations of the Downtown Master Design Plan adopted on November 24, 1992. In addition to uses permitted by right in the underlying zone, it is intended that this specific plan will provide for mixed-use including retail and/or offices and residential uses in one development project. However, there are permitted and conditional uses which are normally allowed in the underlying zones which are not permitted within the boundaries of Specific Plan No.182. Please verify any proposed uses with Planning at 619-441-1741.
Includes amendments adopted by City Council through April 9, 2019 Ordinance Nos. 4976, 4985, 5021, 5060, 5070, and 5080
SPECIFIC PLAN No.182 – Page 3
TABLE OF CONTENTS
I Property Description ……………………………………… 4
II Intent and Purpose ……………………………………….. 4
III Permitted and Prohibited Uses …………………………. 4
IV Special Uses ……………………………………………… 4
V Development Process …………………………………… 5
VI Development Standards ………………………………… 6
Parking ……………………………………………………… 6
Building Height …………………………………………….. 6
Lot Coverage ………………………………………………. 7
Building Setbacks ………………………………………….. 7
Exterior Lighting …………………………………………… 7
Residential Density ………………………………………… 7
Open sSpace/Commercial Recreation Area ……………… 8
Signs and Graphics ………………………………………... . 8
VII Design Guidelines ……………………………………….. 11
VIII Amendments to Specific Plan ………………………….. 11
APPENDIX
Attachment A – Specific Plan No. 182 Project Boundaries … 13 Exhibit A – Prohibited Use Table # 1 …………………………. 14
Exhibit B – Prohibited Use Table # 2 …………………………. 15
Exhibit C – Specific Plan No. 182 Design Guidelines ………. 18
SPECIFIC PLAN No.182 – Page 4
I. PROPERTY DESCRIPTION
These regulations shall apply to those properties included in Special Development Area No. 9 as shown on the General Plan and on attachment ""A"". Additional properties may be included as approved by an amendment to the General Plan, Special Development Area No. 9 and this specific plan.
II. INTENT AND PURPOSE
It is the intent and purpose of this specific plan to implement the recommendations of the Downtown Master Design Plan prepared by Tucker, Sadler and Associates and dated June, 1991.
The Downtown Master Design Plan contains standards and recommendations for land uses and development standards.
In addition to uses permitted by right or conditional use permit in the underlying zone, it is intended that this specific plan will provide for mixed- uses including retail and/ or offices and residential uses in one development project.
It is further intended that all developments emphasize pedestrian access with the scale and design of buildings promoting and reflecting the pedestrian environment.
Signs, visible product display, and other attention getting methods are regulated in this plan to serve the interests of community aesthetics, vehicular and pedestrian safety, to protect and preserve property values, to improve the visual environment of the downtown so as to promote commerce, investment, tourism, visitation, and the overall quality of life for persons living in, doing business in, or visiting the downtown.
They are also intended to promote the public health, safety and general welfare of persons driving, parking, walking, residing, or conducting business within the downtown by reduc ing visual distractions, by making signs, visible product display , and other attention getting methods more attractive, aesthetically pleasing, and more effective.
III. PERMITTED AND PROHIBITED USES
A. All uses permitted by right in the underlying zone except as listed below on Exhibit ‘A’ may be approved by right within Special Development Area No. 9.
B. All uses permitted by conditional use permit in the underlying zone except as listed below on Exhibit ‘"B"’ may be permitted by conditional use permit within Special Development Area No. 9.
C. Automotive service and repair uses are only permitted in the portion of Special Development Area No. 9 that is also a part of Special Development Area No. 10 and zoned C-M. All automotive service and repair uses shall obtain a conditional
SPECIFIC PLAN No.182 – Page 5
use permit in accordance with Section V. Development Process of this specific plan.
D. No more than two on-sale alcoholic beverage establishments may be permitted with the approval of a conditional use permit that are located at properties with an entrance adjacent to the public sidewalk on East Main St., Rea Avenue, or Sulzfeld Way between North Magnolia and Claydelle Avenues, with a maximum establishment size of two thousand five hundred square feet. On-sale establishments shall also be subject to the following:
1. Operational standards in El Cajon Municipal Code section 17.210.150.
2. Required findings in El Cajon Municipal Code section 17.210.160.
IV. SPECIAL USES
A. Mixed-use developments, composed of retail, office and/ or residential development may be permitted by site development plan permit within Special Development Area No. 9.
An example of a mixed- use development would be a residential development built above a retail and/or office development in a commercial or office zone.
V. DEVELOPMENT PROCESS
All proposed development projects shall be required to process a development plan.
Development plans shall be of the following types:
Site development plans as described in Chapter 17.65 of the Zoning Code.
Conditional use permits as described in Chapter 17.50 of the Zoning Code.
Specific plans as described in Chapter 17.70 of the Zoning Code.
Planned Residential Developments as described in Chapter 17.165 of the Zoning Code.
Planned Unit Developments as described in Chapter 17.60 of the Zoning Code.
Sign Permits as described in Chapter 17.190 of the Zoning Code.
Administrative Zoning Permit as described in Chapter 17.40 of the Zoning Code.
A. Site Development Plan
A site development plan shall be required for all proposed developments which are permitted by right in the underlying zone or overlay zone when applicable.
SPECIFIC PLAN No.182 – Page 6
Any requested modified development standards will be reviewed and considered as part of the site development plan.
B. Conditional Use Permit
A conditional use permit shall be required for all proposed developments involving uses which require a conditional use permit in the underlying zone or overlay zone when applicable.
C. Specific Plan
A specific plan may be required or utilized for certain uses or to modify certain development standards.
D. Common Interest Subdivision
A common interest subdivision is required to comply with planned residential development, planned unit development , or common interest developm ent regulations.
E. Sign Permit
A sign permit is required to install any new commercial sign, except allowable window signs, within Specific Plan No. 182. The City Manager may delegate sign design review approval within Specific Plan No. 182 to a downtown PBID management entity, however, signs must still comply with the other provisions of this Plan and the Municipal Code, including obtaining encroachment permits and building permits, when applicable.
F. Administrative Zoning Permit
An administrati ve zoning permit is required to remodel the façade of a commercial storefront/building governed by Specific Plan No. 182, install an ancillary outdoor dining area, or establish other uses listed as requiring an administrative zoning permit in Chapter 17.40 of the Zoning Code.
VI. DEVELOPMENT STANDARDS
Except as expressly provided as follows, all new developments shall be subject to the development standards set forth in either the underlying zone or overlay zone when applicable.
A. Parking
1. Additional parking spaces are not required for a change of use of an existing building.
SPECIFIC PLAN No.182 – Page 7
2. Minor additions to existing buildings eligible for review and approval under El Cajon Municipal Code Chapter 17.57 shall not require additional parking.
3. New developments not identified above shall be addressed in the context of the downtown urban environment and will be considered in conjunction with the associated planning permit application. Furthermore, on -site parking provisions shall not negatively impact the appearance of the project site or the surrounding properties, and shall not adversely impact or place undue burden on adjacent uses. Supporting evidence may be required which may include, but is not limited to , a traffic impact study, parking study, or other study or analysis prepared by a certified expert licensed to prepare such work.
B. Building Height
There shall be no maximum building height for any properties included in Special Development Area No. 9 are as shown on Attachment "" A"" except that the maximum height of any building on any property in Special Development Area No. 9 and which is within 100 feet of any property zoned and/ or developed with residential uses shall be 35 feet, unless a greater height is approved by site development plan permit.
C. Lot Coverage
All buildings, including accessory buildings and structures, and all parking areas and driveways shall not exceed the lot coverage of the underlying zone, unless a greater lot coverage is approved by site development plan permit.
D. Building Setbacks
All buildings, including accessory structures, shall comply with the building setbacks of the underlying zone except as follows:
1. All commercial and/ or office buildings or mixed- use developments with residential units shall observe street frontage setbacks as follows:
a) One- and two-story buildings: No requirements;
b) Three- to six-story buildings: 10 feet;
c) Seven- to ten-story buildings: 15 feet.
2. All commercial and/or office buildings are permitted to observe no interior setbacks.
SPECIFIC PLAN No.182 – Page 8
3. All mixed-use developments with residential units shall observe interior setbacks as required by the building and fire codes.
4. All street frontage setbacks, if required, shall be landscaped.
5. Setback requirements may be further reduced, through approval of a site development plan permit.
E. Exterior lLighting
An on-site lighting plan prepared in accordance with Ssection 17.130.150 of the Zoning Code shall be submitted for approval. The lighting plan shall address all building façades, especially those adjacent to alleys, parking areas and walkways.
F. Residential Density
All residential developments shall comply with the density limitations of the underlying residential zone or overlay zone when applicable, unless a density bonus is approved pursuant to Section IV.B.
In a mixed- use development, the maximum residential density shall be determined as part of the approval of the mixed- use development pursuant to section V.B, or overlay zone when applicable.
G. Open Space/Common Recreational Area
All residential developments shall comply with the open space/common recreational area requirements of the underlying residential zone or overlay zone when applicable.
In a mixed-use development, some form(s) of open space/common recreational area such as a swimming pool (indoor or outdoor) or passive open space or combination thereof shall be provided. The amount or type of the required open space/common recreational area shall be determined as part of the approval of the mixed-use development pursuant to section V.B.
H. Signs and Graphics
All signs and graphics shall comply with the Signing and Architectural Graphics Guidelines adopted in June, 1993, or a ny subsequent revision and the City’s sign regulations contained in Chapter 17.190 of the Zoning Code whichever is more restrictive and except as follows:
1. Wall Signs.
SPECIFIC PLAN No.182 – Page 9
Except as provided below, building face or building wall signs shall be limited to a maximum sign area of two square feet of sign area per linear foot of building face or building wall width.
Building face or building wall signs may be attached to the wall, building face or arcade of a building that is constructed on a street frontage property line where the sign extension is intended to provide interior lighting or a relief effect to the sign.
The extension of the sign shall not exceed twelve inches beyond the wall or face of the building and shall maintain a minimum ground or sidewalk clearance of eight feet.
2. Projecting Signs.
Projecting signs may project a maximum of twenty -four inches from the supporting wall or building face with a maximum sign area of ten square feet per face. Projecting signs may not project into the public right -of- way. Projecting signs shall maintain a minimum ground or sidewalk clearance of eight feet. A projecting sign shall not exceed the height of the building wall to which it is attached. Projecting si gns are included in the calculation of the maximum allowable wall signs.
3. Suspended Signs.
Suspended signs under an arcade shall be limited to one in front of each entrance to the building, shall be no wider than sixty percent of the width of the arcade with a maximum sign area of six square feet per face and shall maintain a minimum ground or sidewalk clearance of eight feet.
Signs suspended perpendicular to the building entrance shall not be included in the calculation of the maximum cumulative wall sig n area.
Signs suspended parallel to the street shall be included in the calculation of the maximum cumulative wall sign area.
4. Freestanding Signs.
Freestanding signs shall be limited to monument signs with one monument sign permitted for each street fron tage of each development.
Except as otherwise provided below, the maximum height of a monument sign is eight feet and the maximum sign area is one hundred twenty (120) square feet per face. Notwithstanding the foregoing, for developments that are seven acres or more, freestanding signs (1) may be up to 20 feet high and no more than five feet wide and limited to 100 square feet of sign area per sign face; and (2) shall not be on a single pole and must be designed as a solid architectural feature (e.g. blade sign).
SPECIFIC PLAN No.182 – Page 10
Unless a freestanding sign is set back at least ten feet perpendicular from the public right-of-way, it shall be located at least fifteen feet to the side of any driveway or interior property line to assure visibility. On any corner radius, a freestanding sign shall be set back from the public right -of-way unless it is demonstrated that safe and proper visibility can be maintained at a lesser setback.
5. Window Signs.
Window signs shall be limited to fifteen percent of the total business window sign area. Window signing shall not be included in the calculation of the maximum cumulative wall sign area.
6. Portable Signs.
One portable sign on a sign stand or sandwich board (A -frame) sign is allowed for each conforming ground floor retail, restaurant, and personal service use (e.g., hair salons, barber shops, nail salon). Maximum sign/structure dimensions shall be 20-inches wide and 42-inches high.
Signs may be placed on public sidewalk, subject to issuance of an encroachment permit by the City Publ ic Works Department. Sign placement must conform to ADA requirements at all times.
Portable signs placed over a public sidewalk may only identify the business name, products, and services of the adjacent establishment for which the license is granted. They may not include political or any other unrelated messages. Tobacco and similar products regulated pursuant to Chapter 8.33 may not be included on signs located on the public sidewalk. A brand logo for the downtown adopted by the PBID or City may be included on the sign panel.
7. Signs on outdoor dining fences.
One sign panel measuring a maximum of eight square feet in size and a maximum of ½ inch in thickness may be affixed to an approved outdoor dining fence when the outdoor dining area for an adjacent restaurant is less than 60 feet in width. Up to two sign panels may be affixed to an outdoor dining fence, when the outdoor dining area for an adjacent restaurant is 60 feet or more in width. Sight lines may not be obstructed, as determined by the City Engineer.
Sign panels on an approved outdoor dining fence shall not be included in the maximum allowable wall signs noted above. Sign panels shall be flush mounted and made of rigid and durable materials such as metal, wood, or hard plastic. Sign panels s hall be professionally printed, not hand- painted and mounted with discreet or artistic hardware.
SPECIFIC PLAN No.182 – Page 11
Sign panels may encroach over the public sidewalk or Prescott Promenade, subject to issuance of an encroachment permit by the City Public Works Department.
Sign panels over a public sidewalk or Prescott Promenade may only identify the restaurant name, products and events of the restaurant holding the license to the outdoor dining area. They may not include political or any other unrelated messages. Tobacco and similar products regulated pursuant to Chapter 8.33 may not be included on signs located on the public sidewalk or Prescott Promenade. A brand logo for the downtown adopted by the PBID or City may be included on the sign panel.
8. Menu Boards/Cases.
Wall mounted restaurant menu boards/cases measuring four square feet or less shall not be included in the maximum square footage allowable for wall signs. Menu Board/cases shall be a maximum of three inches thick.
Internal, non-animated illumination is permitted.
9. Animated Signs.
Animated window signs shall be limited to five percent of the ground floor window area, up to a maximum of four square feet and 40 linear feet per business establishment, whichever is less. Animated signs shall be included in the 15 percent maximum window area signage allowance.
10.9. No box or can signs, internally illuminated or not, shall be permitted within the boundaries of Specific Plan No. 182.
11.10. All new signs shall be reviewed in accordance with Section V.F.
11. Decorative lighting such as window frame lights, tree uplights, tree downlights, small lights in trees or on shrubs, outdoor string lights that outline building masses, and similar lighting effects are permitted and may be visibl e from the public right -of-way and subject to the following standards:
a) Except for small, bare- bulb lights, all landscape light fixtures, including tree uplights, shall be concealed from view by burial in the ground or by shielding them from view.
b) Lighting shall not blink, flash, spin, or exhibit changing luminance.
Lighting shall not exhibit changing colors, hue, shade, or tint. c) All decorative lighting established prior to the adoption of these provisions shall be brought into conformance with these regulations within 180 days of the effective date of these provisions.
SPECIFIC PLAN No.182 – Page 12
I. Display of Retail Merchandise
1. Retail m erchandise shall not block windows or obscure views into the interior of a store unless displayed or stored a minimum of 36 inches from the window or while maintaining the applicable accessible path of travel between the merchandise and the window as determined by the Building Official. Bulk display of merchandise, including merchandise in shipping containers, is not permitted when visible through a window from the public right-of-way.
2. Retail merchandise may be displayed within 36 inches of a window when depicting an action or single pieces of merchandise available within the store (e.g. mannequins wearing clothing, jewelry, assembled toys, athletic equipment, food products, etc.).
3. All display of retail merchandise established prior to the adoption of these provisions shall be brought into conformance with these regulations within 180 days of the effective date of these provisions.
VII. DESIGN GUIDELINES
All proposed projects are subject to the design standards of the underlying zone and shall comply with the design guidelines contained in Exhibit ""C"" when applicable.
VIII. AMENDMENTS TO SPECIFIC PLAN
Amendments to this specific plan shall follow the process contained in Chapter 17.70 of the Zoning Code and may be initiated by:
1. The verified application of the owner or his/her agent or any property within the boundaries of Specific Plan No. 182;
2. The City Council;
3. The Planning Commission.
SPECIFIC PLAN No.182 – Page 13
Special Development Area
(SDA) No. 9
SPECIFIC PLAN No.182 – Page 14
Attachment "A"
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SPECIFIC PLAN No.182 – Page 15
EXHIBIT "A"
SPECIFIC PLAN NO. 182
The following uses usually permitted by right in the specified zones are prohibited within Special Development Area No. 9.
LUC * USE DESCRIPTION ZONES
52A Building materials, hardware, farm C-G C-R
equipment (no outside storage)
5313 Surplus store C-G C-R
5313 Volume Discount, closeout or 99¢ stores C-G C-R
5520 Sale and installation of tires, C-G C-R
batteries and accessories
5932 Secondhand clothing and shows C-G C-R
5933 Secondhand furniture C-G C-R C-M
5934 Secondhand bookstores C-G C-R
5935 Secondhand auto parts C-M
5936 Thrift shops C-G C-R
5969 Plant nurseries C-G
598 Fuel and ice C-G
61 Check cashing C-G C-R
6123 Pawnbroker C-G C-R
6124 Bail bonds C-G C-R
6241 Funeral parlors and mortuaries C-G C-R
6256 Locker rentals C-G C-R
6295 Tattoo parlor C-G C-R
6394A Equipment rental with C-G
outdoor storage and display
SPECIFIC PLAN No.182 – Page 16
6397 Auto, truck and trailer rentals C-G
6411 WIC C-G C-R
6497 Gunsmith C-G C-R
6498 Saw, knife, lawnmower and C-G C-R
tool repair and sharpening
6518A Blood banks C-G C-R
*Land Use Code
Note: Where no zone is indicated, the use is automatically not permitted in that zone.
SPECIFIC PLAN No.182 – Page 17
EXHIBIT ""B""
SPECIFIC PLAN NO. 182
The following uses usually permitted by conditional use permit in the specified zones are prohibited within Special Development Area No. 9.
LUC* USE DESCRIPTION ZONES
12 Board and care facilities C-G C-R
4294 Ambulance service C-G C-R
4603 Long term storage C-M
485 Solid waste disposal C-M
52B Building materials, hardware, C-G C-R
farm equipment with outside
storage
592 Liquor store – off-premises alcoholic C-G C-R
beverage sales
5999 Swap meet C-G C-R
6296 Massage parlors, steam baths, C-G C-R
sauna baths
6381 Auction house C-G C-R
6393B Detective and protective services C-G C-R
with dogs
6411 Automotive repair C-G C-R
6413 Automotive paint and body C-G
6414 Automotive upholstery and tops C-G
6415 Motorcycle repair C-G
6416 Car washing and detailing (automatic) C-G
6417 Car wash (self-service) C-G
6418 Auto glass installation C-G
SPECIFIC PLAN No.182 – Page 18
6419A Auto diagnostic clinic (no repair) C-G C-R
6419B Towing service C-G
692 Welfare and charitable services C-G C-R
745 Firearms and archery (indoor only) C-G C-R
6516 Sanitariums, convalescent C-G C-R
hospitals, rest homes
7491 Camping overnight C-G C-R
travel stopping
8221 Veterinarian services C-G C-R
8222 Animal hospital services C-G C-R
Adult entertainment C-G C-R
*Land Use Code
Note: Where no zone is indicated, the use is automatically not permitted in that zone.
SPECIFIC PLAN No.182 – Page 19
EXHIBIT ""C""
SPECIFIC PLAN NO. 182
SPECIFIC PLAN No.182 – Page 20
DESIGN GUIDELINES
FOR BUILDING FAÇADE RENOVATIONS AND NEW BUILDINGS
SPECIFIC PLAN No.182 – Page 21
TABLE OF CONTENTS
DESIGN GUIDELINES
PREFACE ………………………………………………………………………………... 21
OVERVIEW ………………………………………………………………………………. 22
YESTER-YEAR MAIN STREET ………………………………………………………. 23
MAINSTREET EL CAJON ……………………………………………………… 24
NORTH SIDE OF MAIN STREET …………….………………………………. 25
SOUTH SIDE OF MAIN STREET ……………………………………………... 27
MAIN STREET TOMORROW …………………………………………………………. 28
BRINGING BACK OUR MAIN STREET ……………………………………… 29
GENERAL TERMS OF A BUILDING’S FAÇADE …………………………… 29
CORNER ANCHOR BUILDINGS ……………………………………………… 30
INFILL BUILDINGS ……………………………………………………………… 31
STANDARDS FOR IMPROVEMENT ………………………………………………… 32
NEW CONSTRUCTION ………………………………………………………... 33
RENOVATION & REPAIR ……………………………………………………… 33
HEIGHT LIMITS FOR NEW BUILDINGS AND FLOOR ADDITIONS ……… 34 ROOFS, PENTHOUSES, AND ATTICS ……………………………………… 35
FAÇADE MATERIALS AND FABRIC …………………………………………. 35
COLORS …………………………………………………………………………. 35
CORNICES & FAÇADE APPLICATIONS ……………………………………. 36
DISPLAY WINDOWS AND GLAZING ………………………………………… 37
DOORS AND ENTRIES ………………………………………………………… 39
UPPER-STORY WINDOWS …………………………………………………… 41
TRANSOM, CLERESTORIES, & SKYLIGHTS ………………………………. 41
AWNINGS, ARCADES & CANOPIES ………………………………………… 42
SIGNS ……………………………………………………………………………. 43
MURALS …………………………………………………………………………. 46
SIDE YARDS, COURTYARDS, NEW ARCADES, AND ALLEY SPACES 47 OFF-STREET PARKING ……………………………………………………….. 47
PUBLIC ART …………………………………………………………………….. 47
SPECIFIC PLAN No.182 – Page 22
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SPECIFIC PLAN No.182 – Page 23
PREFACE
This Plan is based upon the stated desires of Stakeholders to establish a set of regulations for the El Cajon Downtown Management District. The intent of these regulations is to advise all building and business owners on what they need to do to make their building façades visually successful while contributing to the redevelopment of the downtown District. These Design Guidelines outline appropriate repair and renovation of façades to increase the monetary value of individual structures and stimulate the rebirth of the entire commercial District.
In broad terms, repairs or renovations are encouraged to bring the buildings back to the quality of their original structure and design. New buildings may be designed to represent any era, as long as they fit seamlessly within the unity of the District. These regulations and guidelines specifically do not prescribe or require a particular architectural style or theme for the built environment. All building styles are allowed when the integrity and the character of the proposed architecture is compatible with the existing or historical perspective of El Cajon and the development objectives of the Management District.
Renovated and new buildings alone will not encourage shoppers to leave malls and other retail areas. More is required if Main Street is to return to the busy, prosperous social avenue it was for 75 year s. The same is true for the rest of the District. To recapture a fair portion of discriminating shoppers now going elsewhere, the District must renovate and create places for the many people visiting the County Courthouse, East County Performing Arts Center, City Hall, and local businesses. Services for shoppers must be increased, and merchandise lines expanded. More inviting spaces for visitors, employees and local residents are required so that people can meet, gather, and talk before strolling or moving on. These standards provide guidance to enhance the pedestrian experience and improve the value of building façades.
These regulations attempt to encourage desired entrepreneurial redevelopment of the Downtown District as an art, entertainment , and specialty retail, and service district for the East County region. The guidelines apply to redevelopment and new const ruction for all properties in the District, not just those properties on Main Street and/or Rea Street.
Although many existing properties within the District, especially along Magnolia Avenue, do not have an enhanced pedestrian experience fronting a transparent business storefront, these objectives are adopted District wide. The guidelines are intended to advance the attempt to rehabilitate El Cajon’s community, civic , and commercial core, and correct the debilitating effects that autonomous retail strip centers cause when allowed inside an otherwise pedestrian commercial center.
SPECIFIC PLAN No.182 – Page 24
O
VERVIEW
Adoption of District Standards for Building Façade Renovation and Design provides regulations t o refine and define the image of the District and its individual businesses by reclaiming the architectural integrity of its buildings.
Established design standards shall be used to evaluate the appropriateness of any and all projects.
Renovating façades on existing properties, as well as the addition of new building projects, will provide District Stakeholders opportunities to improve the commercial viability of their businesses. Each Stakeholder is assured that the value of their property is protected through preservation and extension of historic architectural styles and elements and the eras they represent. This includes extending the arcades currently on the north side of Main Street to promote this outstanding architectural feature of the District. It also includes recommendations to install awnings on the other Main Street façades. Each of these improvements will enrich the enjoyment of pedestrians and shopper.
The goal is not to restrict individuals, but to provide quality control benefiting all Stakeholders and the citizens of El Cajon.
SPECIFIC PLAN No.182 – Page 25
Yester-Year Main Street
History Behind Business District
Architecture
SPECIFIC PLAN No.182 – Page 26
Main Street El Cajon
The function of Main Street has changed little from the time of Richard the Lion-hearted. Main Street, traditionally, has traditionally been where most business was transacted; Main Street was where entertainment, food, and drink were plentiful. Especially on Saturdays, it was most obvious that Main Street was the social, the financial, and often the physi cal center of the community.
El Cajon began and expanded in much the way most American towns evolved. First, there was a rough road that became the main street. That road in El Cajon started in San Diego and moved eastward over the Grossmont Grade and down onto our valley floor. Its primary service was to and from a scattering of citrus, olive, and grape ranches. That changed in the mid- 1870's when gold was discovered in the neighboring Cuyamaca Mountains. Suddenly, there was a flood of foot, horse, and wagon traffic on the road. So much traffic was on the road that a hotel and stable were built, becoming the area’s first commercial buildings.
Within months of the hotel completion, settling families arrived, building homes, businesses, and churches. In less than two years, both sides of the two-block-long Main Street were filled with shops. Most were of boomtown construction, on parcels less than 25 feet wide and built only inches back from the roadway.
As the only business district in East County, El Cajon’s Main Street filled the daily retail and professional needs of most of those living in the valley. But on Friday evenings, Main Street became more. With shoppers coming from as far as Lemon Grove, La Mesa, Dulzura, Potrero, and the reservations, Main Street became a social and commercial melting pot of visitors, travelers, area locals, and Native Americans.
After World War II, a booming economy brought two- car families, freeways, suburbs, and shopping centers with large on- site parking l ots. Most of Magnolia Avenue reflects these Main Street, circa 1923, reprinted by p ermission: Eldonna P. Lay, Valley Q[ Oooortunity (El Cajon: Eldonna P Lay & Associates, 1987) , p. 81. · •
SPECIFIC PLAN No.182 – Page 27
opportunities. Then suddenly, main streets across the nation seemed old fashioned and out- of-date. The retail revolution of the 1970’s left entire blocks on main streets to deteriorate.
Over time, they grew more blighted and became a visual embarrassment to the community.
We in El Cajon are fortunate that our Main Street still has many traditional American Main Street elements intact, making it a prime candidate for resurrection and revitalization.
Foremost, the District’s historic buildings along with governmental and cultural institutions are in the central area, supporting a community identity and a sense of place.
Furthermore, a modern City Hall and Council Chambers, and a County Courthouse provide the D istrict with prestigious civic buildings, adding to the integrity and authenticity of our community identity. The District’s historic storefronts and contemporary institutions. The East County Performing Arts Center also contributes to El Cajon’s vibranc y. The importance of these buildings, their services and the district they create are reinforced by relatively new structures housing the region’s main Fire Station, a full -service community center, regional library, and senior apartments, less than a block away.
NORTH SIDE OF MAIN STREET
In the early years of the century, the invention of the automobile began to influence Main Street businesses. By the mid-1920's, the street was declared part of the State highway system. By the 1930s, this required a wider, paved street and sidewalks. But shop-fronts were in the way, forcing the State to order business owners on Main Street to either tear the front dozen feet of their buildings off, or move the entire building back. Not wanting to do either, owners were allowed to move ground floor storefronts back the required distance. But in some cases, theythis left their roofs, and second floors in some cases, where they were., Owners began propping them up with support columns to form an arcade. This has become the District’s most distinguishing architectural feature today.
Above the arcade, many of the buildings still retain false- front façades. This type of façade gives squat buildings the appearance of height to conc eal the actual roofline and create a vision of prosperity and affluence. In truth, many buildings on Main Street have upper stories, which are used for professional offices and private apartments.
SPECIFIC PLAN No.182 – Page 28
Downtown on the first floor, historic building façades still boast tile or terrazzo wainscoting below large display windows. Frequently the business’ name or address is emblazoned on matching tile or terrazzo on the entry flooring leading to a recessed door. These architectural features are worth saving at existing locations and replicating in new development. These same features help create a visual rhythm from the façade to another. Building bays, pilasters, transoms, and column details create interest on otherwise monotonous storefronts.
Perhaps the most recognized icon in the Downtown District at the northeast corner of Main and Magnolia.
Pedestrian friendly eleme nts suc h as ground floor arcades and storefron t visibility contribute to the s e nse of promenade and affluence.
SPECIFIC PLAN No.182 – Page 29
SOUTH SIDE OF MAIN STREET
A large section of the original false front buildings along the south side of Main Street burnt down during a single fire in 1899. Following more than a decade of empty lots separated by a few small businesses, new buildings began to replace them. And they The new buildings were designed in the newer "modern" architectural style.
Moderne, with its occasionally wacky lines and angles, austere pipe columns, and large plate glass windows, differs radically from the north side architecture. Nevertheless, modern buildings are a valuable component of our Main Street. Firstly, the style has its own charm, contributing visible excitement to the eye. Secondly, the buildings tend to stay within one or two-lot widths. Therefore, the scale, mass, and rhythm of the south side is consistent with the north. Finally, the street itself provides a buffer between the difference in styles, preventing an unharmonious hodgepodge of structures.
Another issue is that the original owners of south side buildings were willing to use high quality construction: terrazzo entries with cover base under the windows, large windows and entry doors with heavy duty aluminum and stainless steel frames and hardware. More often than not, these original elements will look new if cleaned.
All of the above elements are refined and reflect good design and craftsmanship. Equally important are color, texture, and display windows. During Main Street’s first 75 years of successful retail trade, large show windows enticed pedestrians to stop and inspect the merchant’s goods. What was true then is true now: windows and other design aspects of architectural elements attract passersby, calling them to come inside and see the rest of the merchant’s wares. Visibility into the merchant’s space was never obscured with tenant signage or advertising.
Extruded aluminum window sash and doorjambs epitomize this buildings era, circa J 955.
SPECIFIC PLAN No.182 – Page 30
Main Street Tomorrow
The Pedestrian Zone - between the Street and Building Facade
SPECIFIC PLAN No.182 – Page 31
BRING BACK OUR MAIN STREET
First, understand that what each property and business owner does to the exterior of the building, have has an impact. To get crowds back to Main Street, action is required!
Improving the building and business public image and the value of all businesses in the District is the primary goal of these architectural guidelines. These guidelines guarantee that the buildings, businesses, and business neighbors’ improvements, and renovations benefit all District Stakeholders.
Begin with identifying upgrades or improvements that were done to your building façade over the last 50 to 70 years. In all likelihood, those changes are what have led to the building’s loss of attractiveness and value. Identifying the building’s drawbacks is the beginning of restoration of the façade to its original style and condition.
As building owners rejuvenate their building façades, adjacent buil ding owners and District neighbors will follow. The time is right to invest in the integrity of storefront and building restoration. Shoppers also, will share the pride and excitement of restored buildings and the District experience. Retail malls are s truggling to overcome predictability and repetition.
Shoppers are looking for innovation, entertainment, and the authentic old=-time charm of Main Street, El Cajon.
GENERAL TERMS OF A BUILDING’S FAÇADE
The BASE of any building is its first floor or ground floor. Whether a street -level storefront, a two story bank lobby, a restaurant, or other pedestrian- oriented business, the base includes the walls, display windows, entries, arcade, or awnings, and signs , that relate directly to the sidewalk/ and pedestrian environment. Many of the District’s fa çades retain the original materials and feature in their bases. Others have been covered over.
The UPPER STORIES of buildings provide space for offices or apartments. The architectural feature separating the base from the upper stories is a cornice or beltline, which can be made of wood, cement, or plaster, and runs horizontally across the width of the building. Generally, a cornice is no lower than 12 feet and no higher than 20 feet from the street level. A change in material used on the base and the upper stories above is not unusual. Buildings with false fronts can also have separating cornices.
The TOP of a building is defined by the parapet. The parapet is the plain or ornamental border that hides a roof’s edge. The parapet is a design feature rather than a structural one, but is important in giving a building a finished appearance. Many of the tops of historic Main Street buildings have ornamental parapets.
SPECIFIC PLAN No.182 – Page 32
CORNER ANCHOR BUILDINGS
Corner buildings establish the beginnings and ends of blocks of buildings. Corner buildings visually anchor themselves and everything in between with their size and massing. Because corner buildings are exposed on two sides, their two façades are generally taller and larger than "infill" buildings, giving corner buildings a grander, more imposing, appearance.
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Corner buildings should maintain the buildingfac;ade at the PROPERTY LINE.
SPECIFIC PLAN No.182 – Page 33
INFILL BUILDINGS
Constructed side- by-side between corner buildings, individual infill buildings are generally smaller and lower. On our Main Street, they are further defined by the narrowness of lots – 50 feet long lots behind 25-foot wide façades. The uniformity of Main Street setbacks fortifies a classic sense of order, scale, and visual unity.
Building variety within that unity can provide even more interest through the use of renovated or new parapet designs, textures, columns, reveals and colors.
Although size and detail of windows and openings vary between facades, the overall scale of all of the buildingfa1ades is the same.
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SPECIFIC PLAN No.182 – Page 34
Standards For Improvement
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SPECIFIC PLAN No.182 – Page 35
Detailed Guideline Requirements
NEW CONSTRUCTION
New construction must respect the authenticity of historic Main Street District styles and architecture. New buildings must be compatible with the scale, materials, color and texture of original buildings on either side, and shall contain contextual design aspects of El Cajon’s historic commercial Main Street architecture.
RENOVATION & REPAIR
Renovation and repair shall match or replicate the design and construction of the original building to recreate its original character. Introducing new designs or changing the original design of the existing façade is not allowed, except upon approval of an Administrative Zoning Permit. Repair of original deteriorating architecture includes removal of shoddy or inappropriate add-ons that replaced or covered up the original construction.
SPECIFIC PLAN No.182 – Page 36
A caveat here is that not all original Main Street architecture is either unique to El Cajon or even contributes to the character of the District. For such buildings, more design leeway will be allowed to contribute to the spirit of District redevelopment.
HEIGHT LIMITS FOR NEW BUILDINGS AND FLOOR ADDITIONS
All new b uildings are to be in accord with the architectural and historic character of District standards. New structures may reach maximum allowable heights as defined in the City’s zoning ordinance, or otherwise permitted by Specific Plan No. 182. Specifically, these Guidelines encourage the following design criteria:
1. Buildings should maintain a continuous vertical façade and not introduce setbacks of upper floors along the street façade.
2. Excess building ornamentation, massing and form, or building elements above 45 feet are not to visually disrupt or adversely affect neighboring views, or in any other way significantly compromise the scale and character of adjacent façades.
3. Addition of second and third floors are encouraged above ground floor areas, provided their fa çades repeat the proportion and detail of the ground floor’s façade.
4. Façades and elements exceeding 4 feet in height shall continue the traditional vertical design of proportionate and symmetrically stacked window openings, building bays, and other details of historic District buildings.
5. On parcels of 10,000 square feet or more, projects should regulate or adjust building heights for variation in accordance with historic District lot pattern widths. Projects will also correlate building mass and form to adjacent structures.
SPECIFIC PLAN No.182 – Page 37
ROOFS, PENTHOUSES, AND ATTICS
Roof forms or parapets topping new construction are to be understated in design and always subordinate to elements, features and forms of historic rooflines.
Elevator penthouses and attic features are to be set back from the façade and should cover no more than 30% of the rooftop area. They are to be subordinate in architectural importance to the main building façade below and are not to be visible from any of the surrounding streets.
FAÇADE MATERIALS AND FABRIC
The District’s historic buildings are generally constructed of substantial highly finished natural materials. Predominantly wood, brick, aluminum, stucco, tile, and terrazzo are typical building materials in the District. New buildings are to maintain that same quality of materials and construction.
Colors and lighting are to be used to discreetly complement natural materials and highlight architectural forms and details. Buildings should have storefront lighting to help project building and merchant appearance as well as to contribute to a secure, well -lit nighttime environment. However, lighting should be carefully designed not to project onto other buildings or into public sidewalk areas.
The following criteria should be considered when developing these elements:
1. Brick, stone, granite, masonry, or smooth and sand plasters are recommended facing materials. Plaster detailing, on the other hand is allowable when needed to limit or define large areas of flat building faces.
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SPECIFIC PLAN No.182 – Page 38
2. Window sill plate and cornice detailing can be of ornamental sheet metal, carved or cast stone, tile, brick, stucco, paint, or terra cotta. Wood, when appropriate, is to be carefully sealed and finished to prevent maintenance problems.
3. Framing element on storefronts – such as head, jamb, rail and stiles – may be painted wood, cast iron, or other highly finished, substantial materials.
4. Window frames are to be painted wood, painted steel sashes, or high quality natural metal finishes. Neutral aluminum storefront and window systems shall match existing styles.
NOT APPROVED:
1. Residential finishes such as plywood, siding, wood shingles, and "lace" plaster finishes will not be approved.
2. Inappropriate modern – rectangular shape, extruded aluminum storefront sections will not be approved for ground floor storefronts.
COLORS
Building colors used between 1870 and 1950 celebrated developments within the building and paint industry. In El Cajon, the colors used were light, tending toward pastels., Sharper accent colors on wainscots and doors, and around display windows, transoms, and other details provided interest and composition. Variations of color within a range add life and interest to the street ambience while monochromatic color schemes lack interest.
The following criteria should be considered when developing these elements:
1. Brick or stone is to be natural and unpainted.
2. Painted plaster walls, fronts, pilasters, and columns shall be in light tones. Paint colors include pastels, pale blues, greens pinks, and ochre, along with more sophisticated colors such as varying shades of white, beige, and taupe.
3. Accent colors (wainscots, detailing, frames, doors) are to correlate to the base color of walls.
4. Ceilings and soffits are to be light-colored.
5. Selections of building colors are to complement colors used on adjacent buildings.
6. Color schemes, along with samples of materials are to be submitted for review and approval in conjunction with applicable development review process before being applied.
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SPECIFIC PLAN No.182 – Page 39
CORNICES & FAÇADE APPLICATIONS
Shapes and forms of building cornices establish a building’s scale and proportion. Renovated or repaired cornice ornamentation is to establish building style and character consistent with the architecture of the District. New construction will adopt and replicate the various styles, forms, and massing seen in the District. The width of new cornices and building façades are to be compatible with the scale, materials, color, and texture of adjacent historic buildings.
The following criteria should be considered when developing these elements:
1. Cornice heights are to be compatible with existing commercial buildings, except when the addition of a second floor is to be used for residential or office space.
Third floor additions are encouraged for residential uses.
2. Existing buildings having uninterrupted parapet and rooflines and large, blank façades can be embellished with moldings and ornamentation in keeping with the original architectural spirit of the building.
3. Building signs and murals, when allowed, are an effective technique in embellishing blank façades.
4. Pilasters and cornices may be used to relieve flat areas on a façade.
5. Use of masonry and plaster are encouraged for embellishment as they add interesting color variation in brick definition, pattern, profile, texture and shape.
6. Additional detail materials – metal, cast masonry, concrete, and tile are permitted provided that the integrity of design is maintained.
DISPLAY WINDOWS AND GLAZING
The value of visibility cannot be overstated: clear, uncluttered display windows encourage pedestrians to linger, then come inside. Storefronts must retain a building’s original display window(s) as primary features of the façade. Entries should be recessed; window framing should meet with door framing to provide large viewing areas and an unobstructed view into store interiors.
When the original storefront exists, preservation and repair of the original elements is recommended. Restoration should be based upon accurate duplication of features, substantiated by historically accurate written records or pictorial evidence.
In renovating, introducing a storefront that significantly alters the original character of the building, or one that significantly alter s the relationship of the building to the sidewalk and street is to be avoided.
The following criteria should be considered when developing these elements:
SPECIFIC PLAN No.182 – Page 40
1. Display windows should not to be used for graphic advertisement, banners, or signs, which obscure the interior of the building or its merchandise. Business signage applied to storefront windows should not cover or obscure more than 15% of the glazed area. Storefront business signage should identify the name of the business and type of business or ser vice provided. Storefront business signage should have clear, – readable typeface, and conform to the City’s sign ordinance.
2. Display windows are to retain the building’s original widow sash and size proportions, as well as keeping the original glazing gl ass type. Exceptions will be allowed for building code compliance. When original windows have been covered or altered, restoring or recreating original window size with new or restored sash elements and glazing is recommended.
3. When window elements have been altered or remodeled, all incompatible construction is to be removed, and replicas of the original elements installed.
4. New display windows are to be compatible with the design and construction integrity of the building as a whole, as well as related to the building’s original character.
5. New modernization equipment, such as air -conditioners are to be installed in such a way as to conform to not violate the character of the District.
6. Window glazing is to be safety-type glazing when required by code.
NOT APPROVED:
1. Residential applications, materials, or equipment will not be approved.
2. Incompatible construction from earlier remodeling that include flush break metal panels and components, 2x strip aluminum mullions, imitation masonry, knock - down stucco, false shutters, opaque panels, undressed lumber, or historically incorrect "revival" architecture, imitation materials or décor themes will not be approved.
3. Reflective, mirrored, or tinted glazing, including stain glass or decorative panels, in front of or adjacent to storefront windows will not be approved.
4. Changing the location and size of windows that alter the original architectural character of the storefront will not be approved.
SPECIFIC PLAN No.182 – Page 41
DOORS AND ENTRIES
Storefront entries and doors are the primary elements of any storefront. Doors more than any other single element help define the individual character and exterior ambience of a building.
Current code requirements for accessibility and protection may require modification or replacement of existing entry doors. District standards require complete compliance with California Code of Regulations Title 24 and the Americans with Disabilities Act on old buildings except under specific conditions of hardship or historic preservation. Restoration and refinishing cannot introduce new materials or systems from more recent building eras, except for compliance with exiting and accessibility codes.
New construction must provide accurate duplication or original entry doors and/ or features, along with the storefront design. Restoration and refinishing should not introduce new materials and systems from different building eras, with exceptions allowed only for compliance with exiting and accessibility codes.
Visibility into the tenant space should not be obscured with tenant signage or advertising.
SPECIFIC PLAN No.182 – Page 42
The following criteria should be considered when developing these elements:
1. Original doors should be retained whenever possible. Preservation and repair of original hardware pull plates, kick plates, thresholds and window sash, mullions, proportions and size is recommended when possible. New and restored entry doors shall provide an accurate duplication of the building’s original features.
2. Where door and glazing elements have been altered or remodeled, all incompatible construction must be removed and replaced with replicas of original elements.
3. Jambs, casing and thresholds for doors are to match the storefront display window mullions and sash. Ideally, the entry element is a continuation of the display window.
4. All Main Street façade entry doors, including secondary and ancillary entry doors, vestibules, foyers, corridors, and lobbies, shall have a minimum glazing area greater than 50% of the total door area. Door glazing shall match adjacent glazing.
5. Secondary building façades and storefront doors that provide access into entry vestibules, lobbies, hallways, and stairs are required to maintain visual connection to the inside space and shall have a minimum glazing area no smaller than 30% of the total door area.
6. Interior vestibules, foyers, and lobbies constructed to screen interior spaces will require Design Review Commission approval. When permanent screening of business activity from sidewalk pedestrians is appropriate, approval can be sought for permanent partitions, screening devices and opaque glazing.
NOT APPROVED:
1. Introducing doors and entries that alter the original character of the building storefront will not be approved.
2. Introducing imitation "historic" doors will not be approved.
3. Contemporary hardware and accessories except those approved by the Design Review Commission will not be approved.
4. Opaque or solid entry doors will not be approved. Interior façades to screen business activity from pedestrian spaces are allowed only with Design Review Commission approval.
5. Under no circumstances will the addition of storm, screen, security grilles, opaque, or solid doors to the exterior of the storefront façade be approved.
SPECIFIC PLAN No.182 – Page 43
UPPER-STORY WINDOWS
Upper-story windows traditionally serve offices and residences, providing light and ventilation.
Generally narrow and placed in sets, upper -story windows usually have a relatively complex system of jambs, sills, and sashes. Upper-story windows provide rhythm, interest, and design to a building’s middle.
The following criteria should be considered when developing these elements:
1. Upper-story windows shall be traditional sash-type and set in frames.
2. Operable windows are encouraged. Operable windows shall be double or single-hung, casement, or projected types.
3. Windows shall be set inboard at least 3 inches of the exterior wall plane.
4. Multi-pane glazing is encouraged.
5. Articulated window head and sill details are required.
6. Upper-story windows shall be sized and proportioned in accordance with the architecture of neighboring buildings.
7. Use of trompe l’oeil treatment or artificial windows on solid walls will be allowed when approved. See guideline requirements for Murals and Public Art.
TRANSOM, CLEARSTORIES CLERESTORIES & SKYLIGHTS
Before efficient lighting was developed, transom and clerestory windows and skylights were used to bring natural light into the interiors of buildings. Artificial light cannot duplicate natural lighting. Transoms, clerestories, and skylights are encouraged in new and renovated buildings whenever possible.
When existing transoms and clerestory openings have been covered or altered, all incompatible construction is to be removed and replaced with replicas of original glass and framing. Replicated transom and clerestory windows are to match the design and construction of the original building to return the façade to the building’s original character.
The following criteria should be considered when developing these elements:
1. Transoms and clerestories are to retain or replicate original window sashes and sizes. When the original interior ceiling has been lowered below to hide transoms or clerestories, a transition ceiling should be installed abov e the transom windows and be designed to continue into the tenant space and transition to the lower ceiling in a neat and visually pleasing manner.
SPECIFIC PLAN No.182 – Page 44
2. Transom and clerestory glazing is to match adjacent display window glazing.
3. Although skylights usually occur in interior rooms, skylights are encouraged to bring natural light into arcade areas.
NOT APPROVED:
1. Residential treatments, materials, or equipment will not be approved.
2. Any kind of air-conditioning units on the building façade will not be approved.
AWNINGS, ARCADES & CANOPIES
Awnings, arcades, and canopies are recommended to provide protection to buildings and pedestrians from sun and inclement weather. In addition, these elements enhance the pedestrian ambience.
The following criteria should be considered when developing these elements:
1. Existing arcades are to be retained. For new construction arcades are encouraged, however, an encroachment permit may be required from the City Building or Public Works Department.
2. Fabric awnings were a traditional Main Street fixture and are encouraged, particularly on buildings without a constructed arcade.
3. Colors and patterns of awnings and canopies must relate to the color scheme of the building.
Awnings Canopies Arcades
SPECIFIC PLAN No.182 – Page 45
4. Maximum projection of ground floor awnings and canopies no closer than 2 two feet from the curb line is encouraged, however, an encroachment permit may be required from the City Building or Public Works Department.
5. A 3 -foot projection from the building façade is encouraged for upper story windows; however, an encroachment permit may be required from the City Building or Public works Department.
SIGNS
The following items are general signage criteria and standards.
1. Signage must comply with City sign ordinances and SP No. 182. Exceptions for historical signs are encouraged and may require a variance granted by the City of El Cajon. The Planning Commission may approve exceptions upon receipt of documentary evidence that signs of such size, shape, design, material, coloring, lighting, and location to advertise a similar business were in use before 1960.
2. Preservation of historic commercial graphics painted on the sides of buildings is encouraged. See Guidelines for Murals and Public Art.
3. When all provisions and conditions stated in earlier design, color, fabric, and materials requirements are met, neon, flashing, moving, or animated signs will be considered as long as they meet the historical integrity of the era but will not necessarily be approved.
4. Signs affixed to inside or outside faç ade display windows shall not obscure the interior of the building or the contents of display merchandise.
5. A-frame signs shall be attractively designed to enhance the pedestrian experience and minimize tripping hazards. The base of the a- frame sign shall not project beyond the sign plane itself.
SPECIFIC PLAN No.182 – Page 46
Examples of attractive, safe A-frame signs.
Examples of unattractive, utilitarian A-frame signs.
Examples of unsafe A-frame signs.
SPECIFIC PLAN No.182 – Page 47
MURALS
Depictions of actual events, products, or eras in the history of El Cajon are encouraged on blank walls visible to the public. Quality and type of historical graphics shall meet the following criteria:
1. Mural plans must be submitted to the Public Arts Committee for approval.
2. Murals are desired that accurately represent the social, retail, and professional success of the District during the lifetime of its present buildings, or that depict typical life between 1876 through the 1950s.
3. Colors must be discreet rather than garish.
4. Detailing and reliefs in materials can be included to add depth and interest to a mural.
SIDEYARDS, COURTYARDS, NEW ARCADES, AND ALLEY SPACES
Many back doors of some Main Street buildings are recessed from property lines and af front broad alleyway spaces. These spaces invite the development of new courtyards and arcades in which additional retail opportunities can be developed. Infill lots adjacent to open alleys and pedestrian pathways are encouraged to enhance their faces facing these areas.
Rooftop terraces and balconies above these internal courtyards and alleys provide additional business spaces. Building and business owners are encouraged to enhance these areas and the façades facing these areas.
The following criteria should be considered when developing these areas:
1. Subject to building and fire codes, the addition of outer walls may include recessed windows or small, alcoves that allow air circulation when located above the height of adjacent development.
SPECIFIC PLAN No.182 – Page 48
2. Rear and side building walls adjoining courtyard and arcade spaces may incorporate windows and alcoves to take advantage of light and air while providing access to useable open space.
3. Rear entrances, which permit visitors to pass through the building to Main Street, are encouraged.
4. Recessing building facades to create "Mid-block courtyard uses" are permitted as long as they are not detrimental to Main Street use and/or the existing rhythm and character of the entire Main Street façade.
OFF-STREET PARKING
No off-street surface parking is to be visible from the street frontage.
PUBLIC ART
The use of Public Art to visually connect commercial Downtown with the East County Performing Arts Center and other " art experience " sites within the District is strongly encouraged. These efforts reinforce the Downtown District as the " center" of East County culture.
District members interested in donating space to enhance the exterior of their buildings’ secondary or side faç ades are urged to contact the City Manager’s office. The Public Arts Committee is charged with identifying desired professional artists and defining appropriate mediums for these spaces , such as museum -quality paintings or replicas of master works , reproductions of historic local photographs, murals representing local life and/ or downtown commerce, or trompe l’oeil treatment. Public Art also includes sculpture, friezes, and relief’s, specific signage, screening or covering for light fixtures in alleys or other areas identified as art walks, and designs or treatments applied to architectural features, poles, posts, equipment, or hydrants.
Artists interested in donating time to apply finishes, techniques, or murals are welcome to register and leave project proposals and examples of their work with the City Manager. They and solicited artists will be given equal consideration by the Public Arts Committee for available space. Projects must include appropriate preparation of existing surface(s) and durable quality of material. Each Public Art mural or other project is selected upon its ability to fit into the District’s artistic master plan that requires smooth transition between approved styles, subject matter, and placement.
The first step for Public Art project s starts with proposals made to the Public Arts Committee for project site approval. Once received, the Public Art Committee will review and select an artist and mural for the site.
Requests to place sculpture or statues on City land will be presented to the City Council for its consent. Projects are to be cooperative ventures between the Public Art Committee and department representatives assigned by the City Manager. Each project shall comply with the city’s codes and regulations for installation, placement, public safety and welfare.
Attachment 7: On-Sale Alcohol Eligible Frontage Areas
Attachment 5: La Mesa Study Area
Attachment 6: North Park Study Area
University Ave.
30th Street
N
City Council
Agenda Report
Agenda Item 19.
DATE: December 10, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Deyanira Brito, Senior Management Analyst
SUBJECT: CDBG 2024-2025 Annual Action Plan Amendment
RECOMMENDATION:
That the City Council:
Opens the Public Hearing and accepts public testimony for the adoption of the substantial amendment to the 2024-2025 Annual Action Plan ("AAP");
1. Closes the Public Hearing;2.
Authorizes the deappropriation of closed CDBG funded Capital Improvement Projects (CIP) (213021PWCP and 223742PWCP) and the CDBG funding sources (C1093 and C1105);
3. Approves a substantial amendment to the AAP to re-allocate $160,000 in available Community Development Block Grant ("CDBG") unallocated funds to the FY 2024-2025 Wells Park Community Center Improvement Project;
4. Increases the appropriation to the FY 2024-2025 Budget to add the Wells Park Community Center Improvement Project and approves the allocation and expenditure of CDBG funds in the amount of $160,000 to the new established projects (C1153/251153PRCP) and the remaining balance of $15,683.10 to be reallocated (CUNAL);
5. Authorizes the City Manager or designee to submit the substantial amendment as detailed in the report to the U.S. Department of Housing and Urban Development ("HUD"), to make any necessary and needed corrections or adjustments to the allocations and to execute the affiliated documents; and
6. Adopts the next Resolution, in order, approving the actions detailed in the report. 7.
BACKGROUND:
A public hearing is required to process a substantial amendment ("SA") when a new project is added to an adopted AAP. This public hearing provides El Cajon citizens with the final opportunity to comment on the approval and adoption of a SA to the FY 2024-25 AAP that was available for a thirty-day review and comment period from November 1, 2024 through December 2, 2024. No comments were received during this period. Below is a summary of the SA and the necessary budgetary actions:
Substantial Amendment
Staff recommends $160,000 from the CDBG unallocated fund balance to be reallocated to the Wells Park Community Center ("Center") Improvement Project located at 1153 East Madison Avenue. The scope of work includes replacing the aging roof and other associated .!!!!_ Valley of opportunity
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improvements ("Project"). The following table summarizes the appropriation adjustments that will be used to fund the Project.
Description Dept/Fund/Project Type of Adjustment Amount $ ADA Concrete
Improvement Project ComDev/CDBG/C1093 Decrease ($103,505.44) 2021-Completed
ADA Concrete
Improvement Project ENGSVCS/CIP-CDBG/ Decrease ($106,202.40) 2021-Completed 213021PWCP Neighborhood Streetlights ComDev/CDBG/C1105 Decrease ($72,177.66) Improvement Project
2022-Completed
Neighborhood Streetlights
Improvement Project
2022-Completed ENGSVCS/CIP-CDBG/ Decrease ($63,658.17) 223742PWCP
Wells Park
Community Center
Improvement Project ComDev/CDBG/C1153 Increase $160,000.00 New
Wells Park
Community Center
Improvement Project ParksandRec Increase $160,000.00 New CIP/CDBG/251153PRCP CDBG Fund Balance ComDev/CDBG/ Increase $15,683.10 CUNAL
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The proposed substantial amendment to the FY2024-2025 AAP is exempt from the provisions of the California Environmental Quality Act ("CEQA"), pursuant to CEQA guidelines sections 15060(c) (3) and 15378, because it is not defined as a project under CEQA, and does not have the potential for causing an effect on the environment. Furthermore, the proposed substantial amendment is exempt from the provisions of the National Environmental Policy Act ("NEPA") pursuant to 24 CFR Part 58.34(a) because it is an administrative action and does not involve activities that will alter existing environmental conditions.
Wells Park Community Center Improvement Project:
The proposed project has been reviewed for compliance with CEQA and NEPA. Under CEQA, the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines section 15301 Class 1 (Existing Facilities) because the proposed actions would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantive adverse change in the significance of a historical resource. Thus, no further action is required. Under NEPA, the activity is exempt pursuant to Title 24, Part
58.35(a)(3)(iii) of the Code of Federal Regulations.
FISCAL IMPACT:
This action will result in the deappropriation of $175,683.10 of CDBG funding, as well as the reallocation of this $175,683.10 within CDBG. This action will also deappropriate CDBG funded CIP Projects 213021PWCP and 223742PWCP, as Notice of Completion has been filed. Project 251153PRCP will be also appropriated with $160,000 as a result of this action. CDBG recommended allocations will be used to fund project costs pursuant to Federal Law. There is no impact to the General Fund.
Prepared By: Jose Dorado, Housing Manager, Deyanira Pelayo-Brito, Senior Management Analyst
Reviewed By: Anthony Shute, Director of Community Development Approved By: Graham Mitchell, City Manager
Attachments
CC Reso
RESOLUTION NO. __-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CAJON ADOPTING A SUBSTANTIAL AMENDMENT TO THE
FY 2024-2025 ANNUAL ACTION PLAN
WHEREAS, the City of El Cajon (the "City") receives Community Development Block Grant (“CDBG”) entitlement grant funds from the U.S. Department of Housing and Urban Development (“HUD”) annually; and
WHEREAS, on December 10, 2024 the City Council approved the substantial amendment to FY 20 24-2025 Annual Action Plan (“AAP”) re-allocating $160,000 from available CDBG unallocated funds to the FY 2024- 2025 Wells Park Community Center Improvement project (C1153/251153PRCP); and
WHEREAS, on December 10, 2024 the City Council approved the increase in appropriation to the FY 20 24-2025 Budget to add the Wells Park Community Center Improvement project (C1153/251153PRCP); and
WHEREAS, on December 10, 2024 the City Council approved the allocation and expenditure of CDBG funds in the amount of $160,000 to the new established projects (C1153/251153PRCP); and
WHEREAS, the City duly advertised and held a public hearing on December 10, 2024, respectively, during which it considered the funding within the FY 2024- 2025 APP substantial amendment; and
WHEREAS, the City has made the APP substantial amendment available for public review and comment for a minimum 30- day period between November 1, 2024, and December 2, 2024; and
WHEREAS, no public comments were received during the public review and comment period; and
WHEREAS, the City met the requirements of HUD set forth at 24 CFR 91, and found the CDBG allocations presented in the substantial amendment to the FY 2024- 2025 One Year Action Plan to be consistent with goals and objectives of the Five Year Consolidated Plan and that reasonable benefits will accrue to the residents of the City of El Cajon.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:
1. The City Council of the City of El Cajon does hereby re -allocate CDBG unallocated funds for FY 2024-2025 as follows:
Substantial Amendment to the FY 2024-25 Annual Action Plan Description Dept/Fund/Project Type of Adjustment Amount $ ADA
Concrete
Improvement
Project 2021-
Completed
ComDev/CDBG/C1093 Decrease ($111,622.86)
ADA
Concrete
Improvement
Project 2021-
Completed
ENGSVCS/CIP-CDBG/ 213021PWCP Decrease ($111,622.86)
Neighborhood
Street Lights
Improvement
Project 2022-
Completed
ComDev/CDBG/C1110 Decrease ($48,377.14)
Neighborhood
Street Lights
Improvement
Project 2022-
Completed
ENGSVCS/CIP-CDBG/ 233784PWCP Decrease ($48,377.14)
Wells Park
Community
Center
Improvement
Project-New
ComDev/CDBG/C1153 Increase $160,000.00
Wells Park
Community
Center
Improvement
Project-New
ParksandRec/CIP/CDBG/251153PRC Increase $160,000.00
2. The City Manager or such person designated by the City Manager is hereby authorized to execute appropriate contracts and agreements for the use of the CDBG funds, consistent with City and federal policies and guidelines.
3. The City Council hereby adopts the substantial amendment to FY 2024- 2025 AAP with funding allocations as presented above, and authorizes the City Manager or designee to process any substantial amendments as required by HUD for the FY 2024- 2025 APP and to make any necessary or needed corrections or adjustments to allocations as outl ined above, or as required by HUD, and to execute all affiliated documents.
12/10/2024 CC Agenda
City Council
Agenda Report
Agenda Item 20.
DATE: December 10, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Graham Mitchell, City Manager
SUBJECT: Selection of Mayor Pro Tem
RECOMMENDATION:
That the City Council selects a Mayor Pro Tem, for the 2025 calendar year, according to the El Cajon Municipal Code.
BACKGROUND:
According to the provisions of Section 2.08.010 of the El Cajon Municipal Code, the City Council shall meet in December and choose one of its number as Mayor Pro Tem. The Mayor Pro Tem shall serve at the will of the majority of the City Council, or until the expiration of the normal term in December 2025.
The following is a history of the Mayor Pro Tem rotation for the past four years:
2024 Phil Ortiz
2023 Steve Goble
2022 Michelle Metschel
2021 Gary Kendrick
The title "mayor pro tempore" shall be interchangeable for all purposes with the title "deputy mayor."
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The selection of a Mayor Pro Tem for the 2025 calendar year is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to section 15378(b)(5) of the State CEQA Guidelines, because it is an administrative activity of government that will not result in direct or indirect physical changes in the environment.
Prepared By: Angela Cortez, City Clerk
Reviewed By: N/A
Approved By: Graham Mitchell, City Manager
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City Council
Agenda Report
Agenda Item 21.
DATE: December 10, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Marisol Thorn, Director of Human Resources
SUBJECT: Updates to City Council Policy A-29
RECOMMENDATION:
That the City Council:
Approves the changes to City Council Policy A-29 described below and reflected in the attached document; and
1. Adopts the next Resolution, in order, to approve the amendment request to the employee CalPERS Classic member contributions for the Police Chief.
2. BACKGROUND:
City Council Policy A-29 outlines the compensation for all employees not represented by any of the City's recognized bargaining groups. These employees include department directors, confidential and other unrepresented management employees, and part-time/seasonal/ temporary (PST) employees. The City conducts annual reviews, and additional reviews as needed, to update this policy when deemed necessary. During the most recent review, staff recommends several changes, along with document clean-up, as described below.
Changes to the Employee CalPERS Classic Member Contributions - Police Chief In order to align with changes made to the El Cajon Police Officers' Association and the respective Management Group’s pending CalPERS retirement contract amendment, staff recommends changes to the employee CalPERS classic member contributions for the Police Chief. Upon approval and adoption of the Resolution for this change, staff will proceed with the contract amendment request regarding employee member retirement contributions. This will require the incumbent in the position to pay an additional portion of CalPERS payment over the next two years.
New Classifications
Staff recommends the creation of three classifications to address staffing needs. Specifically, staff proposes a Fire Recruit position as a staffing contingency plan. Creating a Fire Recruit classification provides the Fire Department with the flexibility to hire and train entry-level staff, should there be insufficient candidates for the Paramedic Firefighter position. The addition of this classification will require benefits that align and are consistent with similarly situated employees covered under El Cajon Professional Firefighters (ECPFF), and are reflected in the attachment.
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With the recent change in the City-wide financial system, the role of one position has been redefined. After analysis of the position and in consideration of the comparable job market for the redefined role, staff recommends the creation of a Systems Accountant position. The Systems Accountant will serve as a hybrid accounting and technology position, acting as a subject matter expert in accounting systems that interface with the newly implemented financial system. If approved, an existing City employee will fill this new position and will not add to the City’s overall staffing levels.
Lastly, the vacancy of the Assistant to the City Manager position has resulted in a proposed reorganization of the City Manager’s Office. Recently, several key duties of the former Assistant to the City Manager position were shifted to the Director of Human Resources. This shift in responsibility, as well as other City Manager Office tasks to the Director of Human Resources, necessitates a reclassification of this position. Staff proposes the creation of a Deputy City Manager classification. The Deputy City Manager will be the designated authority for the Human Resources Department, responsible for all aspects of Risk Management, and will have oversight of marketing and citizen engagement. The addition of this classification will also require benefits that align with and are consistent with the Assistant City Manager, as reflected in the attachment. The Human Resources Department will remain a City department and this proposal will not increase the City’s overall staffing levels.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
City Council approval of the proposed A-29 changes is exempt from the California Environmental Quality Act (CEQA) in accordance with section 15378(b)(2) of the state CEQA Guidelines because they are personnel-related actions and therefore not a project.
FISCAL IMPACT:
Updates to the City Council Policy A-29 document do not have a fiscal impact. The implementation of changes to classifications and compensation under City Council Policy A-29 will be absorbed through salary savings and may be readjusted, if necessary, in the next fiscal year’s budget. The City Manager’s Office will experience a salary savings. The change in the Finance Department classification will result in an additional annual cost of approximately $5,000 for the current fiscal year.
Prepared By: Marisol Thorn, Director of Human Resources Reviewed By:
Approved By: Graham Mitchell, City Manager
Attachments
Resolution
Proposed Changes CC Policy A29
RESOLUTION NO. ___-24
RESOLUTION APPROVING AMENDMENT TO THE
EMPLOYEE CALPERS CLASSIC MEMBER CONTRIBUTIONS
FOR THE POLICE CHIEF
WHEREAS, in order to align with changes made to the El Cajon Police Officer’s Association and the respective Management Group’s pending CalPERS retirement contract amendment, City of El Cajon staff recommends changes to the employee CalPERS classic member contributions for the Police Chief, as set out in Exhibit "A"; and
WHEREAS, u pon City Council approval, staff will proceed with requesting a CalPERS contract amendment regarding employee me mber retirement contributions, which will require the incumbent in the position to pay an additional portion of CalPERS payment over the next two years; and
WHEREAS, this City Council approval of the proposed City Council Policy A -29 change is exempt from the California Environmental Quality Act ("CEQA") in accordance with section 15378(b)(2) of the State CEQA Guidelines as it is a personnel-related action and therefore not a project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:
1. The proposed City Council Policy A -29 change is exempt from CEQA in accordance with section 15378(b)(2) of the State CEQA Guidelines as it is a personnel- related action and therefore not a project.
2. The City Council hereby approves such amendment request with CalPERS that incorporates the change to City Council Policy A -29 requiring the unrepresented police chief to contribute additional amounts subject to City Council Policy A -29 toward their retirement benefits.
12/10/24 CC Agenda
Reso – Update to CCP A-29 120524
Acknowledgement of resolution set forth to approve future dated member contribut ions amounts for the Police Chief position, whereas upon approval. the resolution will be submitted to CalPERS to request amendment to the City's retirement contract under Government Code 20516(a), as follows:
~p~al ~c.1fe.ty.Employ~~s_;J~?l.ice,<::hi~f Qnly_ ·
''Classic"Members re . ardless o hire date • •· . ·
A Contr ibute an additional 1% of compensatio n earnable toward the employee contribution to CalPERS via payroll deduc tions pursuant to Government Code section 20516(a) effec tive with the first paycheck in July 2025.
B. Contribute another additional 1% of compensatio n earnable (total- 2%) toward the employee contr ibutio n to CalPERS via payroll deduct ions pursuant to Government Code section 20516(a} effective with the first paycheck in July 2026. ~~~
Michael Moulton, Police Chief
EXHIBIT .. A ..
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
December 7, 2024
PAGE
PURPOSE
To outline in one document the salary and benefits of employees who work in positions not represented by a recognized bargaining group.
A. SALARY – Effective pay period beginning on December 7, 2024.
The order of application of salary increases, outside of step increases and when applicable, will be market adjustment then cost of living adjustment.
EDUCATIONAL INCENTIVE PROGRAM:
1. Unrepresented Management, Information Technology Specialist, and Senior Accounting Technician are eligible for five percent (5.0%) additional compensation when possessing:
Master’s degree directly related to the position with the City, but not required by the classification specification applicable to position; or Current California registration certificate as a Professional Civil or Traffic Engineer which is directly related to the position, but not required by the classification specification applicable to the position; or
Current California designation as a Certified Public Accountant , which is directly related to the position, but not required by the classification specification applicable to the position.
2. Fire Division Chief is eligible for two and one half percent (2.5%) additional compensation when possessing an Associate’s degree in Fire Science or a related field, or five percent (5.0%) additional compensation when possessing a Bachelor’s degree in a related field.
3. Information Technology Specialist and Senior Accoun ting Technician are eligible to receive two and one half percent (2.5%) additional compensation when possessing a Bachelor’s degree directly related to the position with the City, but not required by the classification specification applicable to position . The incentive does not carry over to a classification that already requires a Bachelor’s degree, but will be used in determining the promotional rate to the new classification.
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
December 7, 2024
PAGE
EXECUTIVE MANAGEMENT SALARIES TO BE PAID AT EQUIVALENT HOURLY PAY RATES:
CLASSIFICATION 1 2 3 4 5
Assistant City Manager $110.8327
$116.3743
$122.1930
$128.3027
$134.7178
City Clerk $67.1913
$70.5509
$74.0785
$77.7824
$81.6716
Deputy City Manager
$103.6555 $108.8383 $114.2802 $119.9942 $125.9939
Director of Community
Development
$92.6889
$97.3234
$102.1895
$107.2990
$112.6638
Director of Finance/City
Treasurer
$89.179
$93.6379
$98.3198
$103.2359
$108.3976
Director of Engineering $91.0800
$95.6340
$100.4156
$105.4364
$110.7084
Director of Human Resources $89.1257
$93.5819
$98.2612
$103.1742
$108.3328
Director of Information
Technology
$88.4703
$92.8936
$97.5384
$102.4154
$107.5361
Director of Parks and
Recreation
$88.7329
$93.1695
$97.8281
$102.7194
$107.8554
Director of Public Works $86.2704
$90.5839
$95.1131
$ 99.8687
$104.8623
Fire Chief $99.1627
$104.1208
$109.3269
$114.7932
$120.5329
Police Chief $121.4200
$127.4910
$133.8656
$140.5588
$147.5867
UNREPRESENTED MANAGEMENT SALARIES TO BE PAID AT EQUIVALENT HOULY PAY RATES:
CLASSIFICATION 1 2 3 4 5
Administrative Analyst (City
Manager/Human Resources)
$36.5668
$38.3952
$40.3148
$42.3305
$44.4471
Assistant to the City Manager $57.3623
$60.2306
$63.2421
$66.4042
$69.7244
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
December 7, 2024
PAGE
UNREPRESENTED MANAGEMENT SALARIES TO BE PAID AT EQUIVALENT HOULY PAY RATES:
CLASSIFICATION 1 2 3 4 5
Building Official $67.6583
$71.0413
$74.5934
$78.3231
$82.2392
City Engineer/Deputy Director
of Engineering
$73.7750
$77.4638
$81.3369
$85.4038
$89.6740
Deputy City Clerk $41.0160
$43.0669
$45.2203
$47.4812
$49.8554
Deputy Director of Community
Development
$76.8673
$80.7106
$84.7462
$88.9837
$93.4328
Deputy Director of Parks and
Recreation
$68.2537
$71.6663
$75.2496
$79.0121
$82.9627
Deputy Director of Public
Works
$72.6902
$76.3245
$80.1409
$84.1479
$88.3553
Deputy Director – Special
Projects (6 mo. limited term)
$67.8541
$71.2467
$74.8091
$78.5496
$82.4769
Financial Operations Manager $62.3960
$65.5157
$68.7914
$72.2311
$75.8426
Fire Division Chief $75.4182
$79.1892
$83.1486
$87.3061
$91.6714
Human Resources Analyst $43.0829
$45.2371
$47.4990
$49.8739
$52.3676
Human Resources Manager $58.0365
$60.9383
$63.9852
$67.1845
$70.5437
Information Technology
Analyst
$42.8941
$45.0387
$47.2908
$49.6554
$52.1380
Principal Fiscal Analyst $51.9615
$54.5596
$57.2876
$60.1519
$63.1595
Management Analyst (City
Manager/ Human Resources)
$41.5286
$43.6051
$45.7854
$48.0746
$50.4784
Marketing and Engagement
Manager
$62.3960
$65.5157
$68.7914
$72.2311
$75.8426
Network Administrator $49.4933
$51.9678
$54.5663
$57.2947
$60.1594
Parks and Recreation
Manager
$56.4177
$59.2386
$62.2006
$65.3104
$68.5762
Senior Human Resources
Analyst
$54.7513
$57.4888
$60.3634
$63.3815
$66.5507
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
December 7, 2024
PAGE
UNREPRESENTED MANAGEMENT SALARIES TO BE PAID AT EQUIVALENT HOULY PAY RATES:
CLASSIFICATION 1 2 3 4 5
Senior Management Analyst
(City Manager/ Finance)
$49.5333
$52.0100
$54.6105
$57.3410
$60.2081
Systems Accountant $42.8941
$45.0387
$47.2908
$49.6554
$52.1380
CONFIDENTIAL CLASSIFICATION HOULRY PAY RATES:
CLASSIFICATION 1 2 3 4 5
Confidential Secretary
(City Manager/Human
Resources/Police Chief )
$28.2861
$29.7004
$31.1854
$32.7447
$34.3819
Executive Assistant to the
City Manager/City
Attorney/Police Chief
$36.2334
$38.0451
$39.9473
$41.9447
$44.0420
Information Technology
Specialist
$32.1550
$33.7627
$35.4510
$37.2234
$39.0845
Senior Accounting Technician $32.3146
$33.9304
$35.6269
$37.4083
$39.2785
UNREPRESENTED GENERAL CLASSIFICATION HOULY PAY RATES:
CLASSIFICATION 1 2 3 4 5
Fire Recruit (Non-Safety)
$34.6400 $36.3720 $38.1906 $40.1001 $42.1051
Police Recruit (Non-Safety) $35.7977
$37.5876
$39.4669
$41.4403
$43.5124
PART-TIME / SEASONAL/ TEMPORARY (PST) CLASSIFICATIONS HOURLY RATES:
PST classifications do not receive any benefits described in this policy with the exception of the City contribution to the appropriate retirement plan in lieu of CalPERS/Social Security and sick leave benefits required by Labor Code §233. All PST step increases are 2.5% unless noted otherwise; step increases are not automatic and based on merit.
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
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CLASSIFICATION 1 2 3 4 5
Administrative Intern $19.0823
$19.5594
$20.0483
$20.5496
$21.0633
Public Safety Aide $17.6111
$18.0515
$18.5027
$18.9653
$19.4394
Recreation Specialist I $17.6111
$18.0515
$18.5027
$18.9653
$19.4394
Recreation Specialist II $19.8925
$20.3898
$20.8996
$21.4220
$21.9576
Recreation Specialist III $22.4830
$23.0451
$23.6212
$24.2117
$24.8170
Recreation Specialist IV $25.4040
$26.0371
$26.6901
$27.3573
$28.0412
Recreation Specialist V $28.7194
$29.4374
$30.1732
$30.9276
$31.7008
Weed Abatement Inspector $29.2098
$29.9400
$30.6884
$31.4557
$32.2422
Retired Annuitants Only: The salary for a Retired Annuitant must be an hourly pay rate that falls within the regular salary schedule for th e position being filled . Per California Public Employee Retirement Law, a Retired Annuitant cannot receive any other compensation or benefits in addition to the hourly pay rate. Without exception, a maximum of 960 hours may be worked within a fiscal year (July 1 to June 30). Nonp aid or volunteer hours can not be used in order to exceed 960 hours in a fiscal year. A Retired Annuitant cannot accrue service credit or any additional retirement rights or benefits.
Retired Annuitant Hourly pay rate corresponding with position being filled
B. HEALTH AND WELFARE BENEFITS
1. Cafeteria Plan
The City’s cafeteria plan allotment is for enrollment in any of the City’s CalPERS’ health plans or other eligible benefit programs (e.g., dental, vision, etc.). The cost of the premium for the City’s health plan will be deducted from the employee's cafeteria plan allotment. If there is a difference, the employee will be responsible for the remainder of the premium amount to be paid through payroll deductions. Unused cafeteria plan allotment will be paid out as “cash in lieu”, up to a maximum of $1,150 per month (excludes Police and Fire Recruit). For Police
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
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Recruit the maximum “cash in lieu” is $287.50 per month. For Fire Recruit the maximum “cash in lieu” is $1,000 per month. Cash in lieu payments a re taxable income and not PERSable.
Any employee who is not enrolled in a City CalPERS health insurance plan, and does not provide proof of enrollment in another group health insurance plan (e.g., coverage under a spouse’s employer plan) within 30 days from the beginning of the new plan year will not be eligible to receive cash in lieu.
All benefitted employees must enroll in an available City health program unless they opt out.
An employee may receive cash in lieu for opting out of the City’s health program if he/she:
(1) Provides proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out applies (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and
(2) Signs an attestation that the employee and his/her tax family have or will have such minimal essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt out payment cannot be made and the City will not in fact make payment if the employer knows or has reason to know that the employee or tax family member doesn’t have such alternative coverage, or if the conditions in th is paragraph are not otherwise satisfied.
The City may modify health insurance benefits or cafeteria plan (including, as to both, but not limited to, plan benefits or structure, City or employee contributions and/or opt out amount or requirements) in order to avoid penalties or taxes under the ACA or other statutory scheme that may result from an interpretation of the ACA or other statutory scheme by the Internal Revenue Service or other federal agency (including, but not limited to, a revenue ruling, regulation or other guidance) or state agency, or a ruling by a court of competent jurisdiction.
From July 1, 2024 through December 31, 2024, the allotment for the cafeteria plan for all classifications, except Police Recruit, shall be $1,450 per month . For Police Recruit, the allotment for the cafeteria plan shall be $1,400. Effective January 1, 2025, the amount for all classifications, except Police and Fire Recruit, will increase to $1,550 per month. For Police
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CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
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Recruit, the amount will increase to $1,700 per month. For Fire Recruit, the amount will be $1,800 per month.
2. Medical Insurance
The City is continuing the CalPERS’ Health Benefits program that was adopted on January 1, 1986. From the total cafeteria plan allotment, the City will pay to CalPERS the statutorily required minimum employer contribution per month toward the cost of any CalPERS’ health plan that the employee chooses to enroll. The employee agrees to be liable for the difference between the total cost of the health plan chosen and the City’s contribution if he/she elects to obtain coverage under the CalPERS’ health program. This amount shall be included in the total amount of the City’s contribution to the employee’s Section 125 Cafeteria Plan.
Employees who elect not to be covered u nder the City’s medical insurance plan must have on file with the City a signed waiver of medical benefits. Employees will be provided an opportunity to enroll in the City’s medical insurance plan during the designated open enrollment period.
3. Retirement Benefits
All Executive, Unrepresented, and Confidential employees are members of the California Public Employees’ Retirement System (CalPERS). Those employees who are “classic members” as defined under the Public Employees’ Pension Reform Act of 2013 (PE PRA) pay the employee’s share of the retirement cost (8% for Miscellaneous and 9% for Safety Employees), and receive the following contracted benefits:
Miscellaneous Employees
“Classic” Members
Local Safety Employees
“Classic” Members Hired on or before March 10, 2011
A. 3% at 60 Benefit Formula (§21354.3) A. 3% at 50 Benefit Formula (§21362.2) B. Final Compensation: One Year (§20042) B. Final Compensation: One Year (§20042) C. Prior Service (§20055) C. Prior Service (§20055)
D. [Reserved] D. [Reserved]
E. Additional Service Credit 2 Years (§20903) E. [Reserved]
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
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PAGE
Miscellaneous Employees
“Classic” Members
Local Safety Employees
“Classic” Members Hired on or before March 10, 2011
F. Unused Sick Leave Credit (§20965) F. Unused Sick Leave Credit (§20965) G. Military Service Credit as Public Service
(§21024)
G. Military Service Credit as Public Service
(§21024)
H. 2% Annual Cost of Living Allowance Increase
(§21329)
H. 2% Annual Cost of Living Allowance Increase
(§21329)
I. Pre-Retirement Death Benefits to Continue After
Remarriage of Survivor (§21551)
I. Pre-Retirement Death Benefits to Continue After
Remarriage of Survivor (§21551)
J. 1959 Survivor Benefit Level Four (§21574) J. 1959 Survivor Benefit Level Three (§21573) K. $5,000 Retired Death Benefit (§21623.5) K. $500 Retired Death Benefit (§21620) L. [Reserved]
L. Post -Retirement Survivor Allowance
(§21624/26/28)
M. [Reserved]
M. Post -Retirement Survivor Allowance to
Continue After Remarriage (§21635)
Local Safety Employees
Hired on or after March 11, 2011
A. 3% at 55 Benefit Formula (§21362.2)
B. Final Compensation: Three Years – Career
Average (§20042)
Local Safety Employees – Police Chief Only
“Classic” Members regardless of hire date
A. Contribute an additional 1% of compensation
earnable toward the employee contribution to
CalPERS via payroll deductions pursuant to
Government Code section 20516(a) effective with
the first paycheck in July 2025.
B. Contribute another additional 1% of
compensation earnable (total= 2%) toward the
employee contribution to CalPERS via payroll
deductions pursuant to Government Code section
20516(a) effective with the first paycheck in July
2026.
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CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
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REFERENCE:
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Those employees who are “new members” as defined under the Public Employees’ Pension Reform Act of 2013 (PEPRA) pay the employee contributions equal to 50% of normal cost (currently 7.25% for Miscellaneous and 13.75% for Safety Employees , however member contribution rates can change each fiscal year based on CalPERS's annual actuarial valuations), and receive the above listed benefits with the exception of the following:
Miscellaneous Employees
“New” Members Hired on or after January 1, 2013
Safety Employees
“New” Members Hired on or after January 1, 2013
A. 2% at 62 Benefit Formula (§7522.20) A. 2.7% at 57 Benefit Formula (§7522.25(d)) B. Final Compensation: Three Years – Career
Average (§20037)
B. Final Compensation: Three Years – Career
Average (§20037)
PST Employees: In lieu of enrollment in the CalPERS’ retirement program, PST employees will be enrolled in an IRS §457 retirement plan. The City contributes 7.5% of the employee’s salary to the IRS §457 plan in lieu of CalPERS and Social Security. PST employees who qualify for membership will be enrolled in the CalPERS retirement program and City contributions to the IRS §457 plan will terminate.
4. Deferred Compensation
All Executive, Unrepresented and Confidential employees are eligible to participate in any of the City’s Internal Revenue Code Section 457 Deferred Compensation Plan(s). Participation is handled through payroll deductions.
The City shall contribute $300 per month ($3,600 per year) in deferred compensation on behalf of the Assistant City Manager to one of the City approved plans as selected by the Assistant City Manager. Amounts contributed by the City shall be to the benefit of the Assistant City Manager in accordance with the Defe rred Compensation Plan participation agreement.
5. Disability Insurance
The City provides Executive Management employees and Unrepresented Management employees with fully paid short-term and long-term disability plans.
Exclusion: Confidential employees, PST employees, and Police Recruit(s) participate in the State Disability Insurance (SDI) Program at their expense.
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
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6. Life and Accidental Death & Dismemberment (AD&D) Insurance [Applies to City Attorney]
The City provides fully paid life insurance and AD&D t o Executive and Unrepresented Management employees in the amount of one and one half times the employee’s annual salary plus $25,000.
The City provides fully paid life insurance and AD&D to Confidential and benefitted employees in the amount of $25,000.
C. LEAVES
1. Vacation Accrual
All Executive, Unrepresented and Confidential employees shall accrue vacation in accordance with the schedule below. With the exception of interrupted service not covered by any other provision, rule or law, the full accrual rates will commence the first pay period of employment, with no proration. Additionally, when the accrual rate progresses to the next tier, the new accrual rate will be given in full in the pay period which coincides with the employee’s hire anniversary date. A dditionally, there will be no proration between the prior accrual rate and new accrual rate regardless of where in the pay period the hire anniversary date falls in.
a. 3.07 hours of vacation accrued and credited bi -weekly from the date of hire until completion of the 35th month;
b. 4.60 hours of vacation accrued and credited bi-weekly following the start of the 36th month through the completion of the 107th month;
c. 5.52 hours of vacation accrued and credited bi -weekly following the start of the 108 th month through the completion of the 155th month;
d. 6.14 hours of vacation accrued and credited bi -weekly following the start of the 156 th month.
New hires in Executive and Unrepresented Management classifications may accrue vacation leave at a rate greater than the entry rate at the discretion of the City Manager. Vacation accrual shall be capped at 620 hours for all executive and unrepresented management
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
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employees, and 560 hours for all confidential employees. No employee shall accrue vacation beyond the established cap unless specifically authorized by the City Manager. Employees have the option of 100% cash reimbursement for unused paid vacation at any time provided that they have used at least 30 hours of vacation/administrative leave during the preceding year (26 pay periods).
2. Administrative Leave
Executive Management (excludes Police Chief, Fire Chief, and Fire Division Chief) employees receive eighty (80) hours administrative leave per year accrued as vacation leave.
The Police Chief, Fire Chief and Fire Division receive one hundred forty (140) hours administrative leave per year accrued as vacation. Unrepresented Management employees receive sixty (60) hours administrative leave per year accrued as vacation leave.
3. Holidays
Executive and Unrepresented Management and Confidential employees (excluding the City Attorney) receive the following paid holidays:
New Years’ Day January 1
Martin Luther King's Birthday Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Admissions Day* September 9 (floating holiday)
Columbus Day* Second Monday in October (floating holiday) Veterans Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Friday after Thanksgiving
Christmas Eve December 24
Christmas Day December 25
New Year’s Eve December 31
And every day proclaimed by the City Council as a public holiday.
*Two (2) floating holidays in lieu of celebrating Columbus Day and Admissions Day. City facilities shall remain open on both days.
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
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Vacation shall accrue and be credited bi-weekly to compensate for the two floating holidays based on regularly scheduled work shift (permanent shift):
5-8 Schedules: 0.62 hours; 9/80 Schedules: 0.69 hours; 4/10 Schedules: 0.77 hours
City Hall will be c losed between the observed Christmas Eve holiday in 2024 and the observed New Years’ Day holiday in 2025. Employee who take this time off must use paid leave for December 26, 29, and 30, 2024.
An EMPLOYEE whose day off falls on an observed City holiday (e.g., Friday holiday) will accrue their regularly scheduled hours of vacation leave.
4. Sick Leave
Executive, Unrepresented and Confidential employees accrue sick leave at the rate of 3.68 hours per bi -weekly pay period. Accrual is unlimited. Part -Time/Seasonal/Temporary employees accrue and use sick leave upon commencement of employment at the rate prescribed by Labor Code § 246. PST employees are entitled to no other leave benefits under this policy.
Sick leave with pay shall be granted to all EMPLOYEES covered by this Policy in accordance with this section. Sick leave shall not be considered as a right which an EMPLOYEE may use at his/her discretion, but shall be allowed only in case of necessity and actual personal sickness or disability or (2) to attend to an illness or injury, including time for scheduled doctor or dentist appointment, of a person who is in the relationships to the employee as described in the California Labor Code §233, which currently includes:
Child Parent Spouse
Grand Child Foster Child Adopted Child
Step Child Legal Ward Child of Domestic Partner
Step Parent Legal Guardian Adoptive Parent
Foster Parent Sibling Parent-in-Law
Grand Parent Registered Domestic Partner Child of Person Standing in Loco Parentis
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
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REFERENCE:
EFFECTIVE
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PAGE
a. Sick Leave Conversion Privileges
Any EMPLOYEE who has taken 40 hours sick leave or less during the calendar year ending December 30 of each year shall be entitled to either convert up to 40 hours of unused sick leave to vacation or receive a cash payment for up to 24 hours, based upon the current compensation rate on an hour-for-hour basis.
In no event may an EMPLOYEE select a combinati on of two options or reduce the accumulated sick leave balance below 192 hours. No prorations shall be made for EMPLOYEES terminating on or before December 30 of the calendar year.
b. Unused Sick Leave at Retirement for Health Insurance
For employees hired before July 1, 2013, upon retirement from City employment within 120 days of separation, for service or disability, an employee may elect to use unused sick leave at its dollar value at retirement (hourly base rate plus any regularly recurring bi-weekly premium pay, i.e., differential pay for Master’s Degrees) to pay health insurance premiums in retirement according to the following schedule:
10 through 14 years of service: 25% of the sick leave balance at retirement;
15 through 19 years of service: 50% of the sick leave balance at retirement;
20 + years of service: 75% of the sick leave balance at retirement.
This benefit will be in addition to the monthly contribution the City makes, as determined by PERS, to the Public Employees’ Retirement System for ret iree health insurance benefits. The supplemental benefits described above shall be used to pay health insurance premiums for the retiree and dependents, if applicable. However, if the employee is deceased before the funds are exhausted, the s upplemental benefits shall cease and the remaining funds shall be the City’s property.
The City elects to self -administer this plan at this time. The City will pay the annualized dollar equivalent of the Kaiser two -party health insurance premium once per year in January of each year.
This benefit may be used in combination with service credit for unused sick leave as described in Section C – Health and Welfare Benefits – Retirement Benefits.
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
December 7, 2024
PAGE
5. Bereavement Leave
All employees covered under this policy shall be entitled to the bereavement leave of absence and employment rights and privileges provided by state and federal laws and regulations. Up to three regularly scheduled working days will be paid by the City, as bereavement leave, to EMPLOYEES in order to discharge the customary obligations arising from the death of a relative as defined by the state. Employees may also request the use of an additional two regularly scheduled working days to be charged to sick or vacation leave accruals. The d esignated representative must approve requests for such leave and documentation, as defined by the state, requested within 30 days of the leave.
6. Military Leave
Any employee who is or becomes a member of the Armed Services, Militia or Organized Reserves of California or the United States shall be entitled to the leaves of absence and employment rights and privileges provided by the Uniformed Services Employment an d Reemployment Rights Act ( USERRA) and the Military and Veterans Code of the State of California.
7. Jury and Witness Leave
All Executive, Unrepresented and Confidential employees are entitled to be absent from duty when called to serve as a trial juror or as a witness called by a subpoena before a court of law. Under such circumstances, the EMPLOYEE is paid the difference between full salary and any payment received by them, except travel pay, for such duty.
8. Stand-by Time
The Fire Division Chief shall receive eight (8) hours of vacation leave for every week he/she is required to participate in the back-up duty chief rotation for Heartland Fire & Rescue. For each holiday occurring during the assigned week, (Saturdays and Sundays are not considered holidays), an additional four (4) hours of vacation will be credited.
D. UNIFORM AND EQUIPMENT ALLOWANCE
The Police Chief, Fire Chief and Fire Division Chief receive an annual uniform and equipment allowance of $1,000. Yearly distribution will be issued the second paycheck in July.
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
December 7, 2024
PAGE
Newly Hired Police Recruits: The annual uniform and equipment allowance for newly hired Police Recruits shall be $775 per year. The uniform allowance shall be prorated over the twelve month period beginning from the actual hire date to the following July 1st. Yearly distribution will be issued the second paycheck in July.
Newly Hired Fire Recruits: The annual uniform and equipment allowance for newly hired Fire Recruits shall be $1000 per year. The uniform allowance shall be prorated over the twelve month period beginning from th e actual hire date to the following July 1st. Yearly distribution will be issued the second paycheck in July.
E. TUITION AND BOOK REIMBURSEMENT
The City provides an allowance of $ 1,500 per fiscal year for Executive, U nrepresented Management and Confidential employees to use to defray the cost of attendance at seminars, workshops, conferences and/or classes, which promote professional growth.
Executive and Unrepresented Management employees may use this allowance for lodging, meals, and other travel expenses.
Executive and Unrepresented Management employees may also use the allowance to cover the costs of membership fees for job related professional associations.
F. OTHER CERTIFICATIONS AND SPECIAL COMPENSATION
1. Notary Public Pay
Positions designated by the department director shall receive Notary Public Pay in the amount of $75/month if he/she is a Notary Public in the State of California. The City shall also pay the cost of bonding of this employee while he/she is serving as Notary Public for the benefit of the City. Employees in designated positions shall perform notary services only as directed by his/her supervisor.
2. Bilingual Pay
Positions designated by the department director shall receive Bilingual Pay in the amount of $120/month if he/she is certified by a language professional, designated by the City, as having suitable skills to provide translation service.
CITY OF EL CAJON
CITY COUNCIL POLICY
SUBJECT: Compensation Plan for Executive and Unrepresented Employees
POLICY
A-29
REFERENCE:
EFFECTIVE
December 7, 2024
PAGE
3. Automobile Allowance
Executive Management employees shall be provided a monthly automobile allowance of $300 in exchange for making a vehicle available for his/her own use and for City -related business and/or functions during, before and after normal work hours. The Assistant City Manager and Deputy City Manager shall be provided an additional $100, to total a monthly automobile allowance of $400.
4. Cellular Telephone Allowance
The Assistant City Manager and Deputy City Manager shall receive as compensation the sum of $120 per month for use as an allowance for his/her cellular telephone service (this is in lieu of a City issued phone).
5. Technology Reimbursement
The Assistant City Manager shall be provided with an amount not to exceed $2,500 every two years, beginning with the year of his/her initial appointment, for use to purchase technology equipment such as a personal laptop computer, etc. The payment shall be made upon submission of receipts documenting the purchase(s). The equipment purchased shall become the property of the Assistant City Manager.
6. Non-PERSable Stipend
A non-PERSable stipend of $6,300/Fire Chief and $4,410/Fire Division Chief. One-half of stipend payment to be issued on the second paycheck in July 2024 and one-half issued on the first paycheck in December 2024.
G. RELOCATION ALLOWANCE
The City Manager may authorize an allowance up to $10,000 for relocation expenses to the San Diego area.
Approved by City Council December 10, 2024.
City Council
Agenda Report
Agenda Item 22.
DATE: December 10, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Yazmin Arellano, Director of Engineering Services SUBJECT: Acceptance of Wells Park Improvements - Storm Water Treatment & Landscaping
RECOMMENDATION:
That the City Council:
Accepts the Wells Park Improvements - Storm Water Treatment & Landscaping project (203700PWCP), Bid No. 009-24; and
1. Authorizes the City Clerk to record a Notice of Completion and release the bonds in accordance with the contract terms.
2. BACKGROUND:
On August 8, 2023, the City Council awarded a contract for the Wells Park Improvements - Storm Water Treatment & Landscaping project to Whillock Contracting, Inc. The project installed 4,000 square feet of water quality treatment systems such as bio-retention basins, storm drain along E. Madison Avenue, renovations to the existing trash enclosure, upgraded park entry signage, and new landscaping and irrigation. The work was successfully completed on March 12, 2024, and acceptance of the project is recommended.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
This project is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guideline section 15308 as it will enhance and protect the environment.
FISCAL IMPACT:
This project (Wells Park Improvements - Stormwater & Landscaping - 203700PWCP) was budgeted with Proposition 1 Water Quality, Supply, and Infrastructure Improvement Act 2014 funds via the San Diego River Conservancy and Wastewater Enterprise funds. The total construction contract expenditure is $989,877.55.
Prepared By: Senan Kachi, Associate Engineer
Reviewed By: Yazmin Arellano, Director of Engineering Services Approved By: Graham Mitchell, City Manager
.!!!!_ Valley of opportunity
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City Council
Agenda Report
Agenda Item 23.
DATE: December 10, 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:
November 13, 2024 - Lexus El Cajon Grand Opening
November 19, 2024 - Special City Council Meeting
November 21, 2024 - Greenfield Middle School Thanksgiving Dinner November 22, 2024 - SANDAG Board of Directors Meeting
November 28, 2024 - Interview with Fox News National
November 29, 2024 - Interview with KUSI
November 29, 2024 - Interview with ABC
November 29, 2024 - Interview with Fox 5
November 29, 2024 - Mark Larson Show
November 29, 2024 - Interview with KFMB
November 30, 2024 - Holiday Lights on Main
December 1, 2024 - Interview with Fox National
December 4, 2024 - Navy Reenlistment Ceremony
December 5, 2024 - ECTLC's Taste of TLC Event
December 6, 2024 - SANDAG Board of Directors Meeting
December 10, 2024 - City Council Meeting(s)
I am available to answer questions.
.!!!!_ Valley of opportunity
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Submitted By: Bill Wells, Mayor
City Council
Agenda Report
Agenda Item 24.
DATE: December 10, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Bill Wells, Mayor
SUBJECT: City Council Assignments
RECOMMENDATION:
That the City Council approves City Council assignments (as identified in the report) to various boards and commissions representing El Cajon.
BACKGROUND:
The City Council represents the community and region on various boards and commissions. For the 2025 Board and Commission assignments, I recommend that the current assignments remain as they did in 2024, as follows:
Board/Commission Primary Alternate
SANDAG Board of Directors Bill Wells Steve Goble
SANDAG Public Safety Committee N/A Steve Goble
MTS Steve Goble Phil Oritz
METRO Commission/Wastewater JPA Gary Kendrick Michelle Metschel East County Advanced Water Purification JPA Steve Goble Phil Oritz League of California Cities, San Diego Division Phil Ortiz Graham Mitchell Heartland Communications Gary Kendrick Michelle Metschel Heartland Fire Training JPA Gary Kendrick Michelle Metschel Chamber of Commerce - Gov't Affairs Committee Steve Goble Phil Ortiz East County Economic Development Council Phil Ortiz N/A Harry Griffen Park Joint Steering Committee Michelle Metschel N/A CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The proposed City Council assignments to various boards and commissions is exempt from the California Environmental Quality Act ("CEQA") in accordance with section 15378(b)(5) of the State CEQA Guidelines because it is a governmental administrative activity. .!!!!_ Valley of opportunity
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I II I
I II I
I II I
Prepared By: Graham Mitchell, City Manager
Reviewed By: N/A
Approved By: N/A
City Council
Agenda Report
Agenda Item 25.
DATE: December 10, 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:
Nov 7 - Emails with AJ Quest re: car show concerns
Nov 9 - Meridian Pergola Build
Nov 13 - La Cuisine Catering Ribbon Cutting
Nov 14 - MTS Board Meeting
Nov 15 - Chamber mixer
Nov 16 - Meridian Pergola Build
Nov 18 - Emails with Rob B @ Amikas re: site improvements Nov 18 - Emails with Danielle K @ SANDAG re: military wkg grp Nov 19 - Special City Council Meeting
Nov 19 - Chamber Gov't Affairs Committe Mtg
Nov 19 - Emails with Dan D re: speeding in neighborhood Nov 19 - Meeting with East County AWP Administrator
Nov 21 - Chamber event with Sup Montgomery Steppe
Nov 21 - East County AWP board meeting
Nov 22 - Meeting with Cory S. re: small business opportunity in El Cajon Nov 25 - Rodizio Ribbon Cutting
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Nov 30 - Holiday Lights on Main
Dec 2 - Emails with Bonnie F re: sign
Dec 2 - Meeting with Rob C. re: safety in El Cajon
Dec 4 - Meeting with City Manager
Dec 5 - ECTLC's Taste of TLC event
Dec 6 - Chamber First Friday Bkfst
Dec 7 - POA Holiday Party
Dec 9 - Meeting with City Manager
Dec 9 - Meeting with Sup. Montgomery Steppe's staff at Meridian Dec 10 - Meeting with Chelsea Development re: MTS project Dec 10 - City Council Meeting(s)
I am available to answer questions.
Submitted By: Steve Goble, Councilmember
City Council
Agenda Report
Agenda Item 26.
DATE: December 10, 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:
November 19, 2024 - Special City Council Meeting
December 5, 2024 - Metro JPA Meeting
December 10, 2024 - City Council Meeting(s)
I am available to answer questions.
Submitted By: Gary Kendrick, Councilmember
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City Council
Agenda Report
Agenda Item 27.
DATE: December 10, 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:
11/13 - La Cuisine Ribbon Cutting
11/14 - Homeless Youth Really/Walk with Home Start
11/15 - Southern California American Inidan Resource Center, Inc. (SCAIR) Event 11/19 - Special Council Meeting
11/21 - VECA Coffee Connect
11/25 - Rodizio Brazilian Steak House Ribbon Cutting
11/30 - Holiday Lights on Main
12/3 - Spoke at Adult School Admin Class
12/4 - Navy Reenlistment Ceremony
12/5 - ECTLC Taste of TLC
12/5 - Noah Homes Holiday Event
12/7 - ECPD POA Holiday Party
12/10 - Council Meeting(s)
I am available to answer questions.
Submitted By: Michelle Metschel, Councilmember
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Submitted By: Michelle Metschel, Councilmember
City Council
Agenda Report
Agenda Item 28.
DATE: December 10, 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:
November 19, 2024 - Special City Council Meeting
December 7, 2024 - ECPOA Holiday Party
December 10, 2024 - City Council Meeting(s)
I am available to answer questions.
Submitted By: Phil Ortiz, Deputy Mayor
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City Council
Agenda Report
Agenda Item 29.
DATE: December 10, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Gary Kendrick, Councilmember & Steve Goble, Councilmember SUBJECT: Discussion and Direction Regarding an Ordinance to Prohibit the Sale of Vaping Devices Disguised as Other Objects
RECOMMENDATION:
That the City Council considers directing staff to prepare an ordinance that would prohibit the sale of vaping products disguised as common household items within the City.
BACKGROUND:
Certain vaping devices are designed to resemble common household or school items, such as hoodies, highlighters, and USB drives. These disguised devices are often marketed to under-aged residents, raising concerns about their potential to undermine efforts to prevent youth vaping and smoking.
We recommend that the City Council considers directing staff to prepare an ordinance that would prohibit the sale of these disguised vaping products within the City, aligning with the City’s commitment to protecting public health and safety.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
Discussion and City Council direction on this item is not a project subject to the California Environmental Quality Act (“CEQA”) because it is a procedural, administrative step in the process.
FISCAL IMPACT:
None.
Prepared By: Gary Kendrick, Councilmember & Steve Goble, Councilmember Reviewed By: N/A
Approved By: N/A
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City Council
Agenda Report
Agenda Item 30.
DATE: December 10, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Bill Wells, Mayor & Phil Ortiz, Deputy Mayor
SUBJECT: Federal Immigration Law
RECOMMENDATION:
That the City Council directs staff to prepare a resolution declaring the City of El Cajon's intent to comply with federal immigration laws and to seek formal guidance from the California Attorney General on El Cajon's rights to protect its citizens.
BACKGROUND:
California's Senate Bill 54 (2017), imposes significant restrictions on local governments' collaboration with federal immigration enforcement agencies. We believe that this places El Cajon residents at risk from violent felons that are in the United States illegally. Given these concerns, we recommend that the City Council direct staff to prepare a resolution declaring El Cajon’s intent to comply with federal immigration laws to the fullest extent allowed under state law. To clarify the City's legal boundaries, we also suggest that the City formally requests an advisory opinion from the California Attorney General. This opinion would provide guidance on permissible actions cities may take to address public safety concerns while remaining compliant with state laws.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
Discussion and City Council discussion on this item is not a project subject to the California Environmental Quality Act (“CEQA”) because it is a procedural, administrative step in the process.
FISCAL IMPACT:
N/A
Prepared By: Bill Wells, Mayor & Phil Ortiz, Deputy Mayor Reviewed By: N/A
Approved By: N/A
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City Council
Agenda Report
Agenda Item 31.
DATE: December 10, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Morgan Foley, City Attorney
SUBJECT: Introduction of Ordinance to Renew and Approve Policy 706 Military Equipment Use, 2024 Edition
RECOMMENDATION:
That the City Council moves to introduce the next Ordinance, in order, and directs the City Clerk to read the Ordinance by title only.
BACKGROUND:
In 2021, the State of California Legislature passed Assembly Bill ("AB") 481, amending the California Government Code ("Government Code") by adding sections 7070 through 7075, effective January 1, 2022. AB 481 is designed to shed light on the funding, acquisition, or use of military equipment by state or local government officials, as well as to allow the public to participate in any government agency's decision to fund, acquire, or use such equipment.
On April 26, 2022, the City Council of the City of El Cajon enacted Ordinance No. 5119 to amend Chapter 3.20 of Title 3 of the El Cajon Municipal Code to restrict the powers of the City Manager relating to the purchases of military equipment or other property for law enforcement use and to approve the 2022 Edition of Policy 706 – Military Equipment Use in accordance with Government Code sections 7071 through 7075.
Government Code sections 7071(e) and 7072(a) require that an ordinance relating to the purchase of military equipment and the military equipment policy be reviewed and approved annually by the City Council in an open and public hearing.
On July 25, 2023, the City Council adopted Ordinance No. 5137 to approve the 2023 edition of the military equipment policy.
Staff recommends that the City Council review and approve the 2024 edition of the military equipment policy.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The action being considered by the City Council is exempt from the California Environmental Quality Act ("CEQA") in accordance with section 15378(b)(2) of the State CEQA Guidelines, as it involves continuing administrative activities, such as purchases of supplies and is therefore not a "project."
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FISCAL IMPACT:
There may be costs associated with the additional bidding requirements, police personnel training, and maintenance of an inventory of equipment.
Prepared By: Holly Savage
Reviewed By: Morgan Foley, City Attorney
Approved By: Graham Mitchell, City Manager
Attachments
Ordinance
ORDINANCE NO. ___
AN ORDINANCE REVIEWING AND APPROVING
ORDINANCE 5119 TO RENEW RESTRICTIONS RELATING
TO PURCHASE OF MILITARY EQUIPMENT, SUPPLIES, OR
OTHER PROPERTY FOR LAW ENFORCEMENT USE;
APPROVING THE EL CAJON POLICE DEPARTMENT’S
ANNUAL MILITARY EQUIPMENT REPORT FOR 2024 AND
APPROVING POLICY 706 MILITARY EQUIPMENT USE, 2024 EDITION
WHEREAS, in accordance with California Government Code ("Government Code") sections 7071 and 7072, on April 26, 2022, the City Council enacted that certain Ordinance No. 5119 to restrict the powers of the City Manager relating to the purchases of military equipment or other property for law enforcement use, and approving Policy 706 – Military Equipment Use ("2022 edition"); and
WHEREAS, Government Code sections 7071(e) and 7071(a) require review of a military funding ordinance and a military equipment use policy annually after adoption ; and
WHEREAS, on July 25, 2023, by Ordinance No. 5137, the City Council reviewed and approved the update to the 2022 edition adopting the revised Policy 706 – Military Equipment Use ("2023 Edition"); and
WHEREAS, a revised military equipment use policy ("2024 edition") has been available for public review on the City’s website for not less than 30 days prior to submission to the City Council.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF EL CAJON DOES ORDAIN AS FOLLOWS:
SECTION 1. That certain 2024 edition of the m ilitary equipment use policy, as defined in section 3.20.005 of C hapter 3.20, and as presented and reviewed at an open and public meeting, is hereby approved and adopted as the El Cajon Police Department’s "Policy 706 Mi litary Equipment Use , 2024 edition." The 2024 edition of the military equipment policy hereby replaces the 2023 edition approved by Section 1 of Ordinance No. 5137.
SECTION 2. This ordinance shall go into effect thirty (30) days following its passage and adoption.
12/10/24 CC Agenda – 1st Reading
01/14/25 CC Agenda – 2nd Reading
Ord – Military Equipment Use Policy Annual Review and Amendment 120424
EL CAJON POLICE DEPARTMENT ANNUAL MILITARY EQUIP MENT REPORT FISCAL YEAR 2023- 2024
ANNUAL MILITARY EQUIPMENT REPORT
FISCAL YEAR 2023-2024
** Not effective until approved by the El Cajon City Council - Approval is expected on December 10th, 2024**
EXHIBIT "A"
EL CAJON POLICE DEPARTME NT ANNUAL MILITARY EQUIPMENT REPOR T FISCAL YEAR 2023- 2024
SUMMARY OF MILITARY EQUIPMENT
*Certain military equipment is maintained by the Department solely for purposes of training, education, identification, reference, and the safe handling or disarming of such items when they are encountered in the field. This equipment is not used or deployed, or intended to be used or deployed, by members of the Department and are therefore not inventoried here.
1) Unmanned, remotely piloted , powered aerial or ground vehicles a) Aerial vehicles
Small, unmanned serial systems (sUAS) commonly known as "drones".
Description, purpose, and capabilities
All ECPD drones are commercially available and are non-weapon ized. No ECPD drone was obtained from , or was designed for, use by the military.
Drones are used to provide aerial perspectives to maximize decision-quality data and de-escalation opportunities by providing photo and video images at a variety of incidents. These incidents include, but are not limited to; search and rescue, crime and traffic collision scene documentation , hazardous materials incidents, disaster response, and tactica l operations. Drones are also used to create photo and video content for social media and recruiting efforts as well as for training and education. Drones provide increased levels of officer safety.
Detailed manufacturer product descriptions can be found at:
www.dji.com
Aythorjzeg uses
Only pilots licensed by the Federal Aviation Administration are authorized to operate ECPD drones and according to Department Policy #606 and Drone Unit Standards and Operating Procedures (S.O.P.).
utespan
Approximately 5 years.
EL CAJON POLICE DEPARTMENT ANNUA L MILITARY EQUIPMENT REPO RT FISCAL YEAR 2023- 2024 f jscal Impact
The annual maintenance budget is listed below.
Training
All ECPD pilots are licensed to operate sUAS (drones) by the Federal Aviation Administration and attend on-going , monthly training accord ing to Department Policy #606 and Drone Unit S.O.P.
Legal and procedural rules
The use of Department drones is establ ished under FAA Regu lation 14 CFR Part 107, Department Policy #606 , and the Drone Unit S.O.P.
Equipment
The ECPD currently utilizes the following drones :
i) DJI Mavic Pro
Manufacturer: OJI
Purchase price : $1 ,000 (General Fund)
Compact , 1.62 lb. drone w ith 4k camera and 27 minute flight time ii) DJI Mavic 2 Enterprise Zoom
Manufacturer: OJI
Purchase price : $2,200 (General Fund)
Compact 2 lb. drone with zoom camera and 31 minute flight time iii) DJI Matrice 300 w/H20T camera
Manufacturer : OJI
Purchase price: $27,450 (COPS Funding)
13.9 lb. drone with zoom /thermal cameras and 45-minute flight time iv) DJI Mavic 3
Manufacturer : OJI
Purchase price: $3,800 (General Fund)
Compact 2 lb. drone with 4k camera and 43 minute flight time v) DJI Matrice 30
Manufacturer : OJI
Purchase price: $14,000 (General Fund)
Foldable 8 lb. drone with 4k camera and 41 minute flight time vi) DJI Avata
Manufacturer: OJI
Purchase price : $1 ,500 (General Fund)
Compact .036 lb. drone with 12 MP camera and 18 minute flight time
EL CAJON POLICE DEPARTME NT ANNUAL MILITARY EQUIPMENT REPORT FISCAL YEAR 2023· 2024 b) Ground vehicles
Commonly known as "robots"
Descrjptjon, purpose, and capabiljties
All ECPD robots are commercially available and are non-weaponized. Robots are used to provide real-time intelligence to maximize decision-quality data and de-escalation opportunities by providing photo and video images at a variety of incidents. These incidents include, but are not limited to; hostage situations , search and rescue, barricaded suspects, hazardous materials incidents, disaster response, and tactical operations; and provide increased levels of officer safety.
For detailed manufacturer product descriptions visit www.reconrobotics .com Authorized uses
Robots are authorized for use by members of the El Cajon Police Department SWAT team who have been trained in their operations . Robots are to only be used in accordance with state and federal laws, and within ECPD Department Policy.
utespan
Approximately 5 to 10 years.
fiscal tmpact
The annua l maintenance budget is listed below.
Icaiaina
Members of the ECPD SWAT team receive regular training in the use of the robots used by the department.
Legal and procedural cu1es
Robots are to only be used in accordance with state and federal laws, and within ECPD Department Policy.
Egujpment
The El Cajon Police Department SWAT Team currently uses the following robots:
i) Recon Robotics Throwbot
Manufacturer: Recon Robotics
Purchase price: $17,000 (Asset Forfeiture)
1.3Ib remote controlled robot able to provide live video and sound.
EL CAJON POLICE DEPARTMENT ANNUAL MILITARY EQUIPMENT REPORT FISCAL YEAR 2023- 2024 2) Armored personnel carriers (APC's)
Qescr;ot;on, purpose, and capabmt;es
The El Cajon Police Department currently utilizes armored vehicles to provide officers with additional protection when conducting rescues and operations where there is a higher risk of injury to first responders and members of the community. These vehicles provide substant ially better protection from gunfire and projectile objects than normal patrol vehicles, and are equipped to carry out a variety of tactical, rescue, and law enforcement tasks . These tasks include, but are not limited to: active shooter incidents, hostage situations, barricaded subjects, armed subjects, high risk tactical operations, riots and civil unrest, officer/victim rescue operations , and training. Armored vehicles may also be used for community demonstrations and static displays to promote community involvement.
Authorized uses
Armored veh icles are authorized to be used to carry out high risk law enforcement and rescue operat ions in accordance with State and Federal laws as well as Department policy.
Lifespan
Approximately 25 years.
fiscal 1wpact
The annual maintenance budget is listed below.
I@ioioq
ECPD Personnel who possess a valid California class C driver license and are authorized to operate an emergency vehicle may operate armored vehicles.
Legal and procedural rules
Armored veh icles are to be used in accordance with State and Federal laws, and within ECPD Department Policy.
Eqyjpment
a) Lenco BearCat G2
Manufacturer: Lenco Industries, Inc.
Detailed descriptio n available at www.lencoarmor. com
Purchase Price: $355,000 (U.A.S.I. Grant)
The Lenco BearCat is equipped with a removable hydraulic boom that can hold
EL CAJON POLIC E DEPARTME NT ANNUAL MILITARY EQUIPME NT REPORT FISCA L YEAR 2023- 2024 a push plate for breaching. It is also equipped with an electronically operated gas ram for safe deployment of chemical agents into a structure. b) Brinks APC
Manufacturer: Brinks
The Brinks APC is a converted armored vehicle that was formally used to transport monies to retail and bank locations.
Purchase Price: $1 (Petty Cash)
3) High mobility multipurpose wheeled vehicles (HMMWV)
The El Cajon Police Department does not utilize any of these vehicles. 4) Tracked armored vehicles
The El Cajon Police Department does not utilize any of these vehicles. 5) Command and Control Vehicles
Pescrjptjon, purpose, and capabilities
The ECPD currently uses two command and control vehicles for use by the Department's tactical units. These vehicles consist of the SWAT "Metro" and the Crisis Negotiations Team (CNT) vehicle. The SWAT Metro is a mobile command vehicle that provides shelter, access to communications equipment , transportation and storage for SWAT personnel and equipment. The CNT vehicle is a mobile office which allows negotiators access to a workspace, communications and computer systems, and provides equipment storage and shelter during tactical operations.
Author;zed uses
Command and control vehicles may be used to support law enforcement operations in conjunction with State and Federal law and in accordance with Department policy.
Lj(espan
Approximately 25 years.
fiscal lw0act
The annual maintenance budget is listed below.
EL CAJON POLICE DEPARTMENT ANNUAL MILITARY EQUIPMENT REPORT FISCAL YEAR 2023- 2024 Icaininq
Personnel using command and control vehic les should be trained in their operation prior to use and possess a valid California Driver's License.
Legal and procedural rnles
Command and control vehicles are to be used for official law enforcement purposes only in accordance with State and Federal laws.
Equipment
a) SWAT Metro
Manufacturer: Custom built 2003 Freightliner
Purchase Price: $122 ,665 (Funding Source
Unknown)
b) CNT Vehicle
Manufacturer: L.D.V.
Purchase Price: $89 ,500 (Funding Source Unknown)
c) I.C. Tahoe
Manufacturer: Chevrolet
Purchase Price: $27 ,500 (State Homeland Security Grant) 6) Weaponized aircraft
The El Cajon Police Department does not utilize any of these vehicles. 7) Explosive breaching equipment
Descrjption. purpose. and capahjljtjes
Breaching tools are utilized by the El Cajon Police Department to safely gain entry into an area or structure. These tools include manual tools as well as explosive and ballistic breaching equipment. The use of explosive and ballistic breaching equipme nt is only authorized for use by properly training SWAT personnel at the direction of the SWAT or Incident Commander.
Authorized uses
Explosive breaching may only occur after author ization by the Incident Commander or SWAT Commander in the field, and during traini ng exercises .
Lifespan
Breaching Shotgun - 25 years
Shotgun Breaching Rounds - Until used
EL CAJON POLICE DEPARTMENT
Blasting Caps- 10 years
Detonating cord- 10 years
Fjsca1 Impact
ANNUAL MILITARY EQUIPMENT REPORT FISCAL YEAR 2023· 2024 The annual maintenance budget and the budget for consumables is listed below.
Icaioioq
Explosive and ballistic breaching equipment is to only be used by properly trained SWAT personnel.
Legal and procedural rules
Explosive and ballistic breaching equipment is authorized for official law enforcement purposes only in accordance with State and Federal laws.
Eqyjpment
a) Yellow Detonation Cord -18 Grain
Manufacturer: Dyno Noble
Purchase Price: $.46 per foot (General Fund)
b) Pink Detonation Cord - 25 Grain
Manufacturer: Prima Cord
Purchase Price: $.24 per foot (General Fund)
c) Green Detonation Cord - 25 Grain
Manufacturer: Cordtex
Purchase Price: $.39 per foot (General Fund)
d) Orange Detonation Cord - 50 Grain
Manufacturer: Austin Powder Co.
Purchase Price: $.58 per foot (General Fund)
e) C2 Explosive Sheets
Manufacturer: Donovon Comm . Industries
Purchase Price: $47.45 per pound (General
Fund)
f) 40' Blasting Caps
Manufacturer: Orica Exel
Purchase Price: $10.75 each (General Fund)
g) 80' Blasting Caps
Manufacturer: Orica Exel
Purchase Price: $18.50 each (General Fund)
h) Remington 870 Breaching Shotgun
Manufacturer: Remington Firearms
Detailed information available at www.remarms.com
Purchase Price: $370 per shotgun
Short barreled shotgun used to force entry into a room or structure
EL CAJON POLIC E DEPARTMENT ANNUA L MILITARY EQU IPMENT REPORT FISCAL YEAR 2023- 2024 using spec ial breaching shotgun rounds.
i) Defen se Technology TKO 12-Gauge Breaching Round
Manufactu rer: Defense Technology
Detailed descriptions available at www.defense-technology .com Purchase Price: $6.00 per round
Special 12-Gauge shotgun shell loaded with a compressed zinc slug. Slug is designed to disintegrate into a fine powder, eliminating fragmentation.
j) Royal Arms TESAR-2 Black Cap 12-Gaug e Breaching Round Manufactu rer: Royal Arms
Detailed descriptions available at https://royalarms .com Purchase Price: $7.00 per round
Special 12-Gauge shotgun shell loaded with a copper frangible slug.
Slug is designed to disintegrate , eliminating fragmentat ion. 8) Firearms of .50 calib er or greate r
The El Cajon Police Department does not utilize any of these wea pons. 9) Ammunition of .50 caliber or greater
The El Cajon Police Department does not utilize any of these weapons .
10) Specialized firearm s less tha n .50 caliber, including assault weapons pescrjptjon. purpose. and capabjljtjes
The ECPD authorizes officers to carry rifles for use in high-risk situations , as they offer superior ballistic capabilities .
Authorjzeg uses
Use of the Department rifles are for official law enforcement purposes only.
Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed . Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to: situations where the officer reasonably anticipates an armed encounter ; when an officer is faced with a situation that may require accurate and effective fire at long range; situations where an officer reasonab ly expects the need to meet or exceed a suspect's firepower; when an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage ; when an officer reasonably believes that a suspect may be wearing body armor ; and when authorized or requested by a supervisor.
EL CAJON POLICE DEPARTMENT ANNUAL MILITARY EQUIPMENT REPORT FISCAL YEAR 2023- 2024 Lifespan
10 years.
fiscal Impact
The annual maintenance budget and the budget for consumables is listed below .
Icaioioa
Officers qualify annually on the AR-15 weapons platform and must successfully complete the Department AR-15 class prior to carrying a rifle in the field, or be SWAT officers that have been trained in the use of the rifle.
Legal and procedural rules
Rifles and rifle ammunition shall be used in accordance with State and Federal law, Department Policy 306 Use of Force , and the SWAT S.O.P.
Eaujpment
a) Colt LE6920 AR-15 Rifle
Manufacturer: Colt
Detailed descriptions can be found at www.colt.com
Purchase Price: $900 Per Rifle (COPS Funding)
Semi-autom.:itic rifle chamb ered in fi fi6 Issued to patrol officers b) Daniel Defense DD5V2 AR-10 Rifle
Manufacturer: Daniel Defense
Detailed descript ions can be found at www.danieldefense .com Purchase Price: $2,600 Per Rifle (COPS Funding)
Semi-automatic rifle chambered in .308. Authorized for use by SWAT. c) LWRC M61CA5 AR-15 Rifle
Manufacturer: LWRC
Detailed descriptions can be found at www.lwrci.com
Purchase Price: $1 ,750 Per Rifle (Asset Forfeiture)
Semi-automatic rifle chambered in 5.56 for use by SWAT . d) Colt AR-15 SP1 Rifle
Manufacturer: Colt
Detailed descriptions can be found at www.colt.com
Purchase Price: $700 Per Rifle (Funding Source
Unknown) Semi-automat ic rifle chambered in 5.56 for
use by SWAT.
e) Colt AR-15 HBAR Rifle
Manufacturer: Colt
Detailed descriptions can be found at www.colt.com
Purchase Price: $700 Per Rifle (Funding Source
EL CAJON POLICE DEPARTMENT ANNUA L MILITARY EQUIPMENT REPO RT FISCAL YEAR 2023- 2024 Unknown) Semi-automatic rifle chambered in 5.56 for
use by SWAT.
f) Colt Sporter Rifle
Manufacturer: Colt
Detailed descriptions can be found at www.colt.com
Purchase Price: $700 Per Rifle (Funding Source Unknown) Semi automatic rifle chambered in 5.56 for use by SWAT.
g) Colt M16 SP1 Rifle
Manufacturer: Colt
Detailed descriptions can be found at www.colt.com
Purchase Price: $800 Per Rifle (Funding Source
Unknown) Semi-automatic rifle chambered in 5.56 for
use by SWAT
h) Colt AR-15 Rifle
Manufacturer: Colt
Detailed descriptions can be found at www.colt.com
Purchase Price: $800 Per Rifle (Funding Source
Unknown) Semi-automatic rifle chamber in 5.56 for use
by SWAT.
11) Specialized firearms designed to launch explosive projectiles The El Cajon Police Department does not utilize any of these weapons. 12) "Flashbang" grenades, explosive breaching tools, "tear gas," and "pepper balls"
a) Noise-flash diversionary devices
Commonly known as "flash-bangs ".
Descrjptjon, purpose, and capabilities
A "noise-flash" diversionary device or "flash-bang" is a hand-deployed munition that produces atmospher ic over-pressure and brilliant white light and, as a result, can cause short-term physiological /psychological sensory deprivation to give officers a tactica l advantage .
Detailed manufacturer product descriptions can be found at:
www.combinedsystems .com
Autb0cized uses
Flash bangs shall only be used by members of the SWA T Team that have been trained in their proper use and as directed by the SWAT and/or Incident
EL CAJO N POLICE DEPARTMENT ANNUAL MILITARY EQUIPMENT REPORT FISCAL YEAR 2023- 2024 Commander , or the Tactical Team Leader. Incidents that flash bangs may be used include but are not limited to: active shooter incidents; hostage situations; barricaded subjects ; riots and civil unrest ; high risk warrant service; training scenarios; and approved demonstrations .
Lifespan
5 years.
Eisca1 Impact
The annual maintenance budget and the budget for consumables is listed below.
Jraioioa
SWAT officers attend bi-annual training on use and safe practices of flash bangs.
Legal and procedural rules
Flash bangs are to be used for official law enforcement purposes only in accordance with State and Federal law, and the SWAT S.O.P.
Eayjpment
i) Combined Systems 7290 Flash Bang
Manufacturer: Combined Systems
Purchase Price: $48 Per Unit
Delivers 175 DB of sound and 6-8 million candela of light. ii) Combined Systems 7290-2 Low Roll Double Bang
Manufacturer : Combined Systems
Purchase Price: $56.75 per unit
Delivers 170 DB of sound and 2 million candela of light two times. iii) Combined Systems 7290M Mini Bang
Manufacturer: Combined Systems
Purchase Price: $45 per unit
Delivers 175 DB of sound and 6-8 million candela of light 13) Taser Shockwave, microwave wea pons, water cannons, and the Long Range Acoustic Device (LRAD)
a) Lo ng Range Acoustic Device (LRAD)
Pescrjptjon, purpose, and capabilities
The LRAD is a powerful mass notification system that can help maintain control during tense and potentially violent confrontations with large crowds
EL CAJON POLICE DEPARTMENT ANNUAL MILITARY EQUIPMENT REPORT FISCAL YEAR 2023- 2024 through enhanced communication . We can promote peaceful resolutions from a safe distance by using LRADs to broadcast clear voice commands that everyone can hear above loud crowd noise. It can help keep our community safe and promote peaceful resolutions to conflict.
Detailed manufacturer product descriptions can be found at:_ www.genasys .com
Authorjzeg uses
The LRAD is currently assigned to the Crisis Negotiations Team (CNT) and will only be used by members of the team who have been trained in the proper use according to manufacture r guidelines and as directed by the Incident Commander or the CNT Team Leader. Incidents where the LRAD may be utilized include but are not limited to: hostage negotiations, traffic control , barricaded subjects, riots and civil unrest, high risk warrant service, firing range commun ication , and approved equipment demonstrations .
Lifespan
15 years.
fiscal Impact
The annual ma intenance budget and the budget for consumab les is listed below.
Icainioa
CNT officers have received training on the use and safe practices of the LRAD.
Legal and procedural rules
The LRAD device is to be used for official law enforcement purposes only in accordance with State and Federal law and relevant policies and procedures .
Egyjpment;
i) Long Range Acoustic Device (LRAD)
Manufacturer: Genasys , Inc.
Total Projected Cost: $14,430
Funding Source: SHSG21 Grant
14) Projectile launch platforms and munitions
a) Chemical agent launchers and munitions (OC, tear gas, etc.) i) Combined Systems LC5 Launching Cups
EL CAJON POLICE DEPAR TMENT ANNUAL MILITARY EQUIPMENT REPOR T FISCAL YEAR 2023- 2024 Pescrjptjon, purpose, and capabmt;es
Metal cups which are attached to a smooth bore shotgun and allow the officer to launch canisters of chemical agents or smoke during tactical operations with the use of special launching shotgun ammunition.
Author;zeg uses
Use of the LC5 Launching Cups is only authorized during tactical operations by the ECPD SWAT Team in accordance with SWAT Standard Operating Procedures; and only with authorization from the SWAT / Incident Commander .
Lifespan
The lifespan of the LC5 launching cups is 25 years.
fiscal Impact
The annua l maintenance budget and the budget for consumables is listed below.
Jraiaiaa
Train ing on the operat ion and use of the LC5 launching cups and their authorized munitions will be conducted by a POST certified Chemical Agent Instructor prior to using the weapons system in an operational capacity.
Legal and procedural rules
The use of the LCS launching cups and chemical agent canisters is strictly for official law enforcement purposes in accordance with State and Federal laws , and is outlined within Department Policy 303 Use of Force and the SWAT S.O.P.
Eaujpment
(1) Combined Systems LC5 Launching Cup
Manufacturer : Combined Systems
Purchase Price: $315 per unit (General Fund)
Allows launching of chemical agent canisters from a smooth bore shotgun with the use of a special launching cartridge.
Detailed descriptions can be found at www.comb inedsystems.com
EL CAJON POLICE DEPARTMENT ANNUAL MILITARY EQU IPMENT REPORT FISCAL YEAR 2023- 2024 ii) Chemical Agent and Smoke Cani sters
Pescrjptjon, Purpose, and capabilities
The ECPD SWAT Team maintains an inventory of chemical agent and smoke canisters which are used in support of tactical missions. These canisters are hand-held and designed to introduce chemical agents or smoke into an area by means of vapor, powder, or pyrotechnics, and others are designed to be launched from launching cups. Chemical agent and smoke canisters are only authorized to be used by ECPD SWAT officers.
The chemical agent Oleoresin Capsicum (OC), commonly referred to as pepper spray, is an irritating agent which causes burning and involuntary closing of the eyes, evacuation of the sinuses, and respiratory discomfort. The chemical agent Chlorobenzylidene Malononitri le (CS}, commonly referred to as "tear gas," is an irritating agent which causes short term burning and involuntary closing of the eyes, coughing , respiratory discomfort, and evacuation of the sinuses.
Detailed manufacturer product descriptions can be found at:
www.defense-technology.com
www.combinedsystems .com
Authorjzed use
Authorization for use of chemical agents and smoke canisters is provided on a mission specific bases at the discretion of the SWAT and/or Incident Commander except under exigent circumstances. Only SWAT officers who have been trained by a POST certified Chemical Agent Instructor are authorized to use chemical agent and smoke canisters. Chemical agents may be used for crowd control, crowd dispersal , or in situations when a suspect has barricaded . urespan
5 years from date of manufacture .
fiscal Impact
The annual maintenance budget and the budget for consumables is listed below.
Jrajnjng
SWAT officers receive annual training on the use of chemical agent and smoke canisters provided by POST certified Chemical Agent Instructors.
Legal and Procedural Rules
The use of chemical agent and smoke canisters is strictly for official law enforcement purposes in accordance with State and Federal laws and is
EL CAJON POLICE DEPARTME NT ANNUAL MILITARY EQUIPMENT REPORT FISCAL YEAR 2023· 2024 outlined within Department Policy 303 Use of Force and the SWAT S.O.P.
Eqyjpment
(1) Defense Technology 1072 Spede-Heat CS
Manufacturer: Defense Technology
Purchase Price : $29.35 per unit (General Fund)
Pyrotechnic canister that dispenses CS.
(2) Defense Technology 1082 Riot Control CS
Manufacturer: Defense Technology
Purchase Price: $26.60 per unit (General Fund)
Pyrotechnic canister that dispenses CS.
(3) Defense Technology 1016 Pocket Tactical CS
Manufacturer: Defense Technology
Purchase Price: $23.50 per unit (General Fund)
Pyrotechnic canister that dispenses CS.
(4) Defense Technology 1092 Han-Ball CS
Manufactu rer: Defense Technology
Purchase Price: $29.80 per unit (General Fund)
Pyrotechnic rubber ball that dispenses CS
(5) Defense Technology 1042 Instantaneous Blast cs
Manufactu rer: Defense Technology
Purchase Price: $39.85 per unit (General Fund)
Blasting canister ball that dispenses CS
(6) Defense Technology 5230 Riot CS
Manufacturer: Defense Technology
Purchase Price: $34.35 per unit (General Fund)
Pyrotechnic canister ball that dispenses CS
(7) Defense Technology 5210 White Smoke
Manufacturer: Defense Technology
Purchase Price: $43.00 per unit (General Fund)
Pyrotechnic canister ball that dispenses smoke
(8) Defense Technology 1016 Pocket Tactical CS
Manufactu rer: Defense Technology
Purchase Price: #23.50 per unit (General Fund)
Pyrotechnic canister that dispenses CS
(9) Combined Systems 52308 Baffled cs
Manufacturer: Combined Systems
Purchase Price: $45.20 per unit (General Fund)
EL CAJON POLICE DEPARTMENT ANNUA L MILITARY EQUIPMENT REPORT FISCAL YEAR 2023- 2024 Indoor safe pyrotechnic caniste r that dispenses
cs
(10) Combined Systems 5230JL Jet Light CS
Manufacturer : Combined Systems
Purchase Price: $42 per unit (General
Fund) Pyrotechnic canister that dispenses
cs
(11) Combined Systems 6330 cs Vapor
Manufacturer: Combined Systems
Purchase Price: $45.25 per unit (General Fund)
Non-pyrotechnic canister that dispenses CS
(12) Combin ed Systems 6340 QC Vapor
Manufacturer : Combined Systems
Purchase Price: $42.25 per unit (General Fund)
Non-pyrotechnic canister that dispenses CS.
(13) Combined Systems 6343 QC/CS Vapor
Manufacturer : Combined Systems
Purchase Price: $45.25 per unit (General Fund)
Non-Pyrotechnic canister that dispenses QC and CS
(14) Combined Systems 56854 QC Aerosol Fogger
Manufacturer : Defense Techno logy
Purchase Price: $15.90 per unit (General Fund)
Non pyrotechnic canister that dispenses QC
(15) Combined Systems 1017 Pocket Tactical Smoke
Manufacturer : Defense Techno logy
Purchase Price: $27.75 per unit (General Fund)
Pyrotechnic canister that dispenses smoke
(16) Combined Systems MK46 QC/CS Aerosol
Manufacturer: Defense Techno logy
Purchase Price: $312.90 per unit (General Fund)
Canister that delivers a stream of QC/CS
(17) Combin ed Systems MK-9 QC/CS Aerosol
Manufacturer : Defense Techno logy
Purchase Price: $39.10 per unit (General Fund)
Canister that delivers a stream of OC/CS
EL CAJON POLICE DEPARTMENT ANNUA L MILITARY EQUIPMENT REPORT FISCAL YEAR 2023- 2024 iii) Pepper Projectile Systems and Munitions (AKA "Pepper Ball") Descrjptjon, purpose, and capabjljties
Pepper projectiles are plastic spheres that are filled with a derivative of oc powder and launched at a suspect using compressed air. They are considered both kinetic energy projectiles and chemical agents.
Detailed manufacturer product descriptions can be found at:
www.pepperball.com
Manufacturer: Pepper Ball
Authorized uses
Only personnel who have received Departme nt approved training are authorized to use pepper projectile systems and their munitions . urespan
The lifespan of the Pepper Ball FTC Launcher is estimated to be 5 years .
The lifespan of pepper projectiles is 3 years .
Fjsca1 impact
The annual maintenance budget and the budget for consumables is listed below.
Jra;n;na
Proficiency training shall be monitored and documented by a certified, control device weapons or tactics instructor . All use of Pepper Ball shall be in accordance with ECPD Department Policy 303 Use of Force.
Legal and procedural rules
Pepper projectile systems and their munitions shall be used for official law enforcement purposes only and in accordance with State and Federal laws, and Department Policy 303 Use of Force.
Egyjpment
(1) Pepper Ball FTC Launcher
Purchase Price: $571 per unit
Air powered semi-automatic launcher.
EL CAJON POLICE DEPARTMENT A NNUAL MILITARY EQUIPMENT REPORT FISCAL YEAR 2023- 2024 (2) Pepper Ball Live Projectiles
Purchase Price: $899 per 375 (General Fund)
Plastic sphere projectile containing .5% pava mixture.
(3) Pepper Ball Live-X Projectiles
Purchase Price: $1320 per 375
Plastic sphere projectile containing 5% pava mixture.
(4) Pepper Ball Paint Marker Projectiles
Purchase Price: $266.75 per 375 (General Fund)
Plastic sphere projectile, contains paint to mark suspects. (5) Pepper Ball Glass Breaking Projectiles
Purchase Price: $290 per 100 (General Fund)
Solid polymer sphere used to break residential and automotive windows.
(6) Pepper Ball Inert Training Projectiles
Purchase Price: $355 per 375 (General Fund)
Plastic sphere filled with inert powder. For use in training or when deployme nt of chemical agent is not preferred.
b) Kinetic energy weapons and munitions (40mm launchers , bean bags, SIMS) Less-lethal Launcher s
Qescrjptjon, Purpose, and capabiljt;es
This department is committed to reducing the potential for violent confrontat ions.
Kinetic energy projectiles , when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation.
The El Cajon Police Department currently utilizes less lethal "bean-bag" kinetic energy projectiles which are fired from less lethal launchers , which are designated Remington 870 shotguns . The "bean-bag" kinetic energy projectile is the only shotgu n munition currently authorized for use by Department personnel in a patrol capacity . Circumstances appropriate for deployment and use of the "bean-bag" launchers include, but are not limited to, situations in which: the suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions; the suspect has made credible threats to harm him/herself or others ; the suspect is engaged in riotous behavior or is throw ing rocks , bottles or other dangerous projectiles at people and/or officers; there is probable cause to believe that the suspect has committed a crime of violence and is refusing to comp ly with lawful orders .
Detailed manufacturer product descriptions can be found at:
www.remarms .com
EL CAJON POLICE DEPARTMENT
www.defense-technology .com
www.combinedsvstems .com
Authorized Use
ANNUA L MILITARY EQUIPMENT REPORT FISCAL YEAR 2023- 2024 The less-lethal "bean-bag" launcher should only be used by officers who have been trained in its proper deployment and use. Currently , the Defense Technologies Drag Stabilized 12-Gauge Bean Bag Round is the only authorized kinetic energy projectile for use in the 12-Gauge shotgun.
Lifespan
Remington 870 pump-action shotgun: 40 years.
Defense Technologies Drag Stabilized 12-Gauge Bean Bag Round: 5 years. fiscal Impact
The annual maintenance budget and the budget for consumables is listed below.
Jrajnjna
Proficiency training shall be monitored and documented by a certified, control device weapons or tactics instructor . All training and proficiency for contro l devices will be documented in the officer 's training file in accordance with ECPD Department Policy 303 Use of Force.
Legal and procedural rules
Less-lethal "bean-bag" shotguns systems and their munitions shall be used for official law enforcement purposes only and in accordance with state and federal laws, and Department Policy 303 Use of Force.
Equipment
i) Remington 870 Shotgun Less-Lethal Launcher
Manufacturer : Remington Firearms
Purchase Price: $370 per unit (General Fund)
Remington 870 shotgun marked and designated for less-lethal bean bags.
ii) Defense Technology 12-Gauge Bean Bag Ammunition
Manufacturer : Defense Technology
Purchase Price: $5.35 per unit (General Fund)
Projectile is a woven fabric filled with #9 lead shot. Munition has a minimum safe distance of 20ft, and a maximum affective range of 75ft.
EL CAJON POLICE DEPARTMENT ANNUAL MILITA RY EQUIPMENT REPORT FISCAL YEAR 2023- 2024 c) 40mm Launchers and Munitions
Pescrjptjon, purpose, and capabilities
This department is committed to reducing the potential for violent confrontations. 40mm launchers are used by the El Cajon Police Department to de-escalate and/or limit the escalation of dangerous situations by utilizing less-lethal kinetic energy project iles and chemical agents.
Kinetic energy project iles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation. Only Department-approved kinetic energy munitions shall be carried and deployed. Approved munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option.
Circumstances appropriate for deployment include, but are not limited to, situations in which: the suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions ; the suspect has made credible threats to harm him/herself or others ; the suspect is engaged in riotous behavior or is throwing dangerous projectiles at people and/or officers; there is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders .
Chemical Agents may be used for crowd control, crowd dispersal, or in situations when a suspect(s) have barricaded.
Detailed manufacturer product descriptions can be found at:
www.defense-technology .com
www.pennarms .com
www.combinedsystems.com
Author;zed uses
The 40mm weapons platform should only be used by officers who have been trained in their use. The only authorized munition to be used by non-SWAT Department personnel is the Defense Technologies 6325 Direct Impact "sponge" round.
There are additional 40mm impact and chemical agent munitions which are authorized for use by the ECPD SWAT Team. Only SWAT officers who have been trained in the use of these munitions by a POST-certified Chemical Agent Instructor are authorized to use munitions other than the 6325 Direct Impact "sponge" round.
EL CAJON POLICE DEPARTMENT ANNUAL MILITARY EQUIPMENT REPORT FISCAL YEAR 2023- 2024 Lifespan
40mm launchers : approximately 10 years.
40mm 6325 and 6325LE impact munitions: indefinite
40mm pyrotechnic munit ions: 5 years from the date of manufacture. fiscal Impact
The annual maintenance budget and the budget for consumables is listed below .
Icaioiaq
Proficiency training shall be monitored and documented by a certified , control device weapons and tactics instructor. All training and proficiency for control devices will be documented in the officer's train ing file in accordance with ECPD Department Policy 303 Use of Force .
SWAT officers receive annual training provided by POST certified Chemical Agent Instructors , on the use of all munitions utilized by the team.
Legal and procedural rules
The use of the 40mm launcher is strictly for offic ial law enforcement purposes only in compliance with state and federal law, ECPD use of force policy, and SWATS .O.P.
Eauiemeot
iii) Defense Technology LMT 40mm Launcher
Manufacturer: Defense Technology
Purchase Price: $1430.70 per unit (COPS Funding)
Single-shot kinetic energy and chemical agent less-lethal launcher. iv) Defense Technology 40mm Launcher
Manufacturer: Defense Technology
Purchase Price: $1150 per unit (COPS Funding)
Kinetic energy and chemical agent less-lethal launcher . v) Penn Arms L 140-4 Compact 40mm Launcher
Manufacturer: Penn Arms
Purchase Price: $1500 per unit (COPS Funding)
Kinetic energy and chemical agent less-lethal launcher . vi) Penn Arms PGL-65 40mm Launcher
Manufacturer: Penn Arms
Purchase Price: $2700 per unit (Asset Forfeiture)
Kinetic energy and chemical agent less-lethal launcher. vii) Defense Technology 6325 40mm Exact Impact
Manufacturer: Defense Technology
EL CAJON POLICE DEPARTMENT ANNUAL MILITARY EQU IPMENT REPORT FISCAL YEAR 2023- 2024 Purchase Price: $ 19.06 per unit (General Fund)
40mm "sponge round" impact munition.
viii) Defense Technology 6325LE 40mm Exact Impact
Manufactu rer: Defense Technology
Purchase Price: $19.75 per unit (General Fund)
Extended range "Sponge Round" impact munition used only by SWAT.
ix) Defense Technology 6320 40mm Direct Impact oc
Manufactu rer: Defense Technology
Purchase Price: $ 19.06 per unit (General Fund)
Impact munition containing OC.
x) Defense Technology 6322 40mm Direct Impact cs
Manufactu rer: Defense Technology
Purchase Price: $ 19.06 per unit (General Fund)
Impact munition containing CS.
xi) Defense Technology 6040 40mm Muzzle Blast OC
Manufactu rer: Defense Technology
Purchase Price: $20.26 per unit (General Fund)
Non-impact OC powder munition.
xii) Defense Technology 6042 40mm Muzzle Blast CS
Manufactu rer: Defense Technology
Purchase Price: $19.36 per unit (General Fund)
Non-impact CS powder munition .
xiii) Defense Technology 6043 Muzzle Blast Training
Manufacturer: Defense Technology
Purchase Price: $28.90 per unit (General Fund)
Non-impact inert powder munition .
xiv) Defense Technology 6182 40mm Spede Heat
Manufactu rer: Defense Technology
Purchase Price: $20.71 per unit (General Fund)
Long-range Non-impact pyrotechnic CS munition .
xv) Combined Systems 4530 40mm Impact CS
Manufacturer: Combined systems
Purchase Price: $ 30.50 per unit (General Fund)
Impact munition containing CS.
xvi) Combined Systems 4630 40mm CS Muzzle Blast
Manufactu rer: Combined Systems
Purchase Price: $22.65 per unit (General Fund)
Non-impact munition containing CS.
xvii) Combined Systems 4233 40mm 3 Projectile CS
Manufactu rer: Combined Systems
Purchase Price: $32.90 per unit (General Fund)
EL CAJON POLIC E DEPARTMENT ANN UAL MILITARY EQU IPMENT REPORT FISCAL YEAR 2023- 2024 Non-impact pyrotechnic munition containing CS.
xviii) Combined Systems 4213 40mm 3 Projectile Smoke
Manufacturer: Combined Systems
Purchase Price: $30.60 per unit (General Fund)
Non-impact pyrotechnic smoke munition.
xix) Combined Systems 4330 40mm Liquid Barricade
Manufacturer: Combined Systems
Purchase Price: $27.00 per unit (General Fund)
Barricade munition containing CS.
xx) Combined Systems 433140mm Powder Barricade
Manufacturer: Comb ined Systems
Purchase Price: $29.00 per unit (General Fund)
Barricade munition containing CS.
EL CAJON POLICE DEPARTMENT AN NUAL MILITARY EQUIPMENT REPOR T FISCAL YEAR 2023- 2024
SUMMARY OF MILITARY EQUIPMENT USAGE
1. Unmanned , remotely piloted , powered aerial vehicles - The small unmanned aerial systems (sUAS) were used a total of fourty-six (46) times in 2023. These usages included photo flights/evidence collection at crime scenes , over watch for various police operations and public events, rooftop and area searches for evidence and suspects, area searches for missing persons , and Drone as First Responder (DFR) missions.
2. Unmanned , remotely piloted , powered ground vehicles - The unmanned ground "robots" were used a total of seve n (7) times in 2023.
These usages were related to clearing the interior of structures for armed or potentially armed suspects during SWAT call outs or SWAT high-risk warrant services.
3. Armored Personnel Carriers (APC 's)
- The Bearcat (APC) was utilized a total of nine (9) times in 2023. These usages were all related to SWAT callouts or SWAT high-risk warrant services . In those instances, the Bearcat was used as mobile cover for SWAT officers as that vehicle offers a high degree of ballistic protection . - The Brinks APC was not utilized in 2023.
4. Command and Control Vehicles
- The SWAT Metro was utilized a total of nine (9) times in 2023. These usages were all related to SWAT callouts or SWAT high-risk warrant services. In those instances, the SWAT Metro was used as a mobile incident command post.
- The CNT Vehicle was utilized a total four (4) times in 2023. These usages were all related to SWAT/ CNT operations. In those instances, the CNT vehicle was used by negotiators as a mobile commun ications center. - The Incident Command Tahoe was not utilized in an incident command capacity during 2023.
5. Battering Rams, slugs, and explosive breaching equipment - The rollowing bre,:1ching equipment w,:1~ utili.:::ed ror training ,:1nd demonstrations in 2023:
• 29.5 feet of Yellow Detonation Cord, 15.5 feet of Green Detonation Cord, 5 feet of C2 Explosive Sheet , and 3 80' blasting caps.
6. Specialized firearms and ammunition of less than .50 caliber , including firearms and accessories identified as assau lt weapons
- All firearms were used during training and qualification purposes in 2023.
EL CAJON POLICE DEPARTMENT ANNUAL MILITARY EQUIPMENT REPORT FISCAL YEAR 2023- 2024
7. Noise-flash diversionary devices
- Noise-flash diversionary devices were used a total of nine (9) times in 2023.
In all of these instances , the 7290 diversionary devices were utilized by SWAT during high-risk warrant services .
- The following noise-flash diversionary devices were utilized for training and demonstrations in 2023 :
• 1 O - 7290-2 and 14 - 7290M
8. Chemical agent launchers and munitions (OC, tear gas, etc.) - Pepper Ball launchers and related munitions were utilized two (2) times in 2023 to subdue persons displaying assaultive behavior.
• 1 instance where it was used in a vehicle where a suspect was barricaded
• 1 instance where it was deployed in a room with a barricaded suspect - The following chemica l agent munitions were used for training in 2023:
• 1 - 1082 , 15- 5230B , 1 - 6343 , 3 - 56854, 15-1017.
9. Kinetic energy weapons and munitions (40mm launchers , bean bags , SIM) - 245 40mm sponge munitions were utilized for training in 2023 - 140 bean bag shotgun munitions were utilized for training in 2023 - The following SIM rounds were utilized for training in 2023:
• 4 - 4630 , 8 - 4233 , 12 - 4330 , 1 - 6320 , 1 - 6322 , and 16 - 4530 Summary of Complaints Related to Military Equipment Usage No complaints filed in 2023
Summary of Response to Procedure Violations
No procedure violations were reported or discovered during internal audits in 2023 .
EL CAJO N POLICE DEPARTMENT ANNUAL MILITARY EQUIPMENT REPORT FISCAL YEAR 2023- 2024 Fiscal Impact
Category FY 23/24 Approximate Budget
Small Unmanned Aerial Systems $4,500.00 (Drone Unit Supplies) Maintenance
Small Unmanned Ground Vehicles $500.00 (Basic SWAT Tactica l Maintenance Acquisitions and Supplies)
Armored Personnel Carriers $7,900.00 (SWAT Bearcat Maintenance) Maintenance
Command and Control Vehicles $13,850.00 (Fleet Maintenance) Maintenance
Battering Rams, Slugs, and Explosive $4,500.00 (SWAT Ammunition /Chemica l Breaching Equipment - Replacement of Agents/Breaching Ordinance) Consumables
Chemica l Agents - Replacement of $5,000.00 (SWAT Ammunition /Chemical Consumab les Agents/Breaching Ordinance)
Specia lty Weapons Maintenance $1,500.00 (SWAT Weapons Repair Supplies)
Specia lty Weapons Ammunition - $35,000.00 (SWAT
Replacement of Consumables Ammunit ion/Chemical Agents/Breaching Ordinance)
Noise-F lash Diversionary Device - $1 ,000.00 (SWAT Ammunit ion/Chemical Replacement of Consumables Agents/Breaching Ordinance ) Kinetic Energy Weapons Maintenance $500.00 (SWAT Weapons Repair Supplies)
Kinetic Energy Munitions - Replacement $1 ,500.00 (SWAT Ammunit ion/Chemical of Consumables Agents/Breaching Ordinance)
EL CAJON POLICE DEPAR TMENT ANNUAL MILITARY EQUIPMENT REPOR T FISCAL YEAR 2023- 2024 Military Equipment Inventory
Small Unmanned Aerial Systems (sUAS)
Equipment Name and Model / Manufacturer Quantity
OJI Mavic Pro/ OJI 1
OJI Mavic 2 Enterp rise Zoom / OJI 4
DJ I Ma vie 3 / OJI 1
DJ I Mat rice 30 / OJI 1
OJI Mat rice 300 w/H20T camera I OJI 1
OJI Avata / OJI 1
Small Unmanned Ground Vehicles (Robots)
Equipment Name and Model / Manufacturer Quantity
Recon Robotics Throwbot I Recon Robotics
Armored Personnel Carriers (APC)
Equipment Name and Model / Manufacturer Quantity
Bearcat G2 I Lenco Industr ies, Inc 1
Brinks APC / Brinks 1
Command and Control Vehicles
Equipment Name and Model / Manufacturer Quantity
SWAT Metro I Freight liner 1
CNT Vehicle / LOV Custom Specialty Veh icles 1
Incident Command Tahoe I Chev rolet 1
EL CAJON POLICE DEPARTMENT ANNUAL MILITARY EQUIPMENT REPO RT FISCAL YEAR 2023· 2024 Ballistic and Explosive Breaching Equipment
Equipment Name and Model / Manufacturer Quantity
Breach ing 870 Shotgun / Remington Firearms 3
Breach ing TKO 12-Gauge Round / Defense 458
Technology
Breach ing TESAR-2 Black Cap 12-Gauge 480
Round / Roya l Arms
Yellow Detonation Cord -18 grain / Dyno Noble 2919
ft.
Pink Detonation Cord - 25 grain / Prima Cord 532 ft.
Green Detonation Cord - 25 grain / Cordtex 375.4 ft.
Orange Detonat ion Cord - 50 grain / Aust in Powder 654.5 ft.
Co
C2 Explosive S heets / Donovon Comm . Industries 11" X
55.75 ft.
40' Blasting Caps / Orica Exel 72
80' Blasting Caps / Orica Exel 37
Specialized Firearms and Ammunition
Equipment Name and Model / Manufacturer Quantity
Patro l Rifle / Colt LE6920 AR- 15 50
SW AT Rifle / Daniel Defense DD5V2 AR-10 2
SWAT Rifle / LWRC M61 CA5 AR-15 20
SWAT Rifle / Colt SP1 AR-15 3
SWAT Rifle / Colt HBAR AR -15 2
SWAT Rifle / Colt Sporter 1
SWAT Rifle / Colt SP1 M16 1
SWAT Rifle / Colt AR-15 1
Thompson Submachine Gun / Auto-Ord inance 1
EL CAJON POLICE DEPARTMENT ANNUAL MILITARY EQUIPMENT REPORT FISCAL YEAR 2023- 2024 M2 US Carbine / Standard Products 1
H&R Reising Model 50 / Harrington & Richardson 1
Arms
AK-56 / China 1
HK Model 93 / Heckler & Koch 1
Noise Flash Diversionary Device
Equipment Name and Model / Manufacturer Quantity
7290 Flash Bang / Combined Systems 9
7290-2 Low Roll Double Bang / Combined Systems 3
7290M Mini Bang / Combines Systems 18
Chemical Agent Launchers and Munitions
Equipment Name and Model / Manufacturer Quantity
LC5 Launching Cup/ Combined Systems 2
1072 Spede-Heat CS/ Defense Technology 27
1082 Riot Control CS / Defense Technology 17
1016 Pocket Tactical I Defense Technology 62
1092 Han-Ball CS / Defense Technology 9
1042 Instantaneous Blast / Defense Technology 13
5230 Riot CS / Combined Systems 24
5210 White Smoke I Combined Systems 3
5230B Baffled CS I Combined Systems 44
5230JL Jet Light CS I Combined Systems 24
6330 CS Vapor / Combined Systems 11
6340 oc Vapor/ Combined Systems 2
6343 OC/CS Vapor/ Combined Systems 8
56854 OC Aerosol Fogger I Defense Technology 7
1017 Pocket Tactical Smoke / Defense Technology 13
MK-46 OC/CS Aerosol / Defense Technology 4
El CAl()N p()I 1rs:: nS::PARTMS::NT i,•1.u 11'1 UII ITAR' c:r, 111m IS::NT PORT FISCAL YEAR 2023- 2024 MK-9 OC/CS Aerosol / Defense Technology 5
Pepper Ball FTC Launcher / Pepper Ball 12
Pepper Ball Live Projectiles / Pepper Ball 1600
Pepper Ball Live-X Projectiles/ Pepper Ball 2250
Pepper Ball Paint Marker Projectiles / Pepper Ball 90
Pepper Ball Glass Breaking Projectiles / Pepper Ball 100 Pepper Ball Inert Training Projectiles / Pepper Ball 1125 6040 40mm Muzzle Blast OC / Defense Technology 4
6042 40mm Muzzle Blast CS / Defense Technology 36
6043 40mm Muzzle Blast Training / Defense 2
Technology
6182 40mm Spede Heat / Defense Technology 12
4630 40mm Muzzle Blast CS / Combined Systems 10
4233 40mm 3 Projectile CS / Combined Systems 15
4213 40mm 3 Projectile Smoke I Combined Systems 9
4330 40mm Liquid Barricade / Combined Systems 46
4331 40mm Powder Barricade / Combined Systems 3
1073 Max Smoke / Defense Technology 6
1083 Max Smoke HC / Defense Technology 3
621 0 White Smoke / Combined Systems 1
1063 Military Safe Smoke / Defense Technology 4
1033 Flameless Tri-Chamber Smoke / Def. Tech. 1
3095 Pocket Tactica l Smoke / Defense Technology 6
1050 Aeroso l OC/CS / Defense Technology 1
EL CAJON POLICE DEPARTMENT ANNUA L MILITARY EQUIPMENT REPO RT FISCAL YEAR 2023- 2024 Kinetic Energy Weapons and Munitions
Equipment Name and Model / Manufacturer Quantity
870 Less-Lethal Shotgun "Blue Gun" / Remington 48
12 Gauge Bean-Bag Rounds / Defense Technology 140
LMT 40mm Launcher / Defense Technology 32
40mm Launcher / Defense Technology (SWAT) 2
L 140-4 Compact 40mm Launcher/ Penn Arms 5
PGL-65 40mm Multi-Launcher / Penn Arms 2
6325 40mm Exact Impact / Defense Technology 392
6325LE 40mm Exact Impact / Defense Technology 3
6320 40mm Direct Impact OC / Defense Technology 29
6322 40mm Direct Impact CS / Defense Technology 38
4530 40mm Impact CS / Combined Systems 16
1262 40mm Liquid Ferret CS / Tactical Defense 8
4630 40mm Muzzle Blast CS / Combined Systems 10
EL CAJON POLICE DEPARTMENT ANNUAL MILITA RY EQUIPMENT REPORT FISCAL YEAR 2023- 2024 Projected Military Equipment Acquisitions FY 24/25
CONSUMABLE MILITARY EQUIPMENT ACQUISITIONS
Projected consumable military equipment acquisitions for FY 2024 can vary and will depend on training, operational usage, or manufacturer replacement guidelines_ The below items are conside red consumable and will be replaced on a regular basis. • Ammunition - all calibers
• Explosive Breaching Equipment
• Chemical Agents
• Specialty Munitions (40mm, bean bag)
• Noise Flash Diversionary Devices
• Pepper Ball Munitions
• Specialty Impact Munitions (SIM)
Consumable military equipment is purchased using the general fund.
NON-CONSUMABLE MILITARY EQUIPMENT ACQUISITIONS
There are thirteen (13) projected acquisitions for non-consuma ble military equipment.
These projected acquisitions are as follows:
1) Unmanned , remotely piloted , powered aerial or ground vehicles a) Aerial vehicles projected to be purchased by December 2024 • 6 Small UAS drones
• 1 OJI Avata Rugged Drone
• 1 OJI Drone for SWAT
• 1 Mapping Drone
14)Projectil e launch platforms and munitions projected to be purchased by December 2024
a) Chemical agent launchers and munitions (OC, tear gas, etc iii) Pepper Projectile Systems and Muniti ons (AKA " Pepper Ball ") • 4 Sabre .68 Caliber Carine Launcher
City Council
Agenda Report
Agenda Item 32.
DATE: December 10, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Angela Cortez, City Clerk
SUBJECT: Amendment to the El Cajon Municipal Code Chapter 6.12 of Title 6 regarding dogs in the Superblock Area of El Cajon
RECOMMENDATION:
That Mayor Wells requests the City Clerk to recite the title.
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.
This project is exempt pursuant to the California Environmental Quality Act ("CEQA") in accordance with State CEQA Guidelines section 15061(b)(3), the “Common Sense” exemption. The common sense exemption applies where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
The proposed amendment does not result in any development or changes to the physical environment and does not raise this project to a level of significance that warrants CEQA analysis.
Attachments
Ord - Amend ECMC 6.12
ORDINANCE NO. 5143
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 33.
DATE: December 10, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Angela Cortez, City Clerk
SUBJECT: Amendment to the El Cajon Municipal Code Chapter 8.32 - Regulation of Smoking and Secondhand Smoke in Certain Public Areas of El Cajon RECOMMENDATION:
That Mayor Wells requests the City Clerk to recite the title.
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 Section 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 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.
Attachments
Amend ECMC 8.32, 8.33
ORDINANCE NO. 5144
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)
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 matter 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 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.
SECTION 4. Subsections 8.32.030(A) and 8.32.030(B) of section 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.
SECTION 6. Subsection 8.33.090(A)(5) of section 8.33.090 of Chapter 8.33 of Title 8 of the El Cajon Municipal Code is hereby repealed in its entirety.
SECTION 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. 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.
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 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.
SECTION 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 City Council
Agenda Report
Agenda Item 34.
DATE: December 10, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Angela Cortez, City Clerk
SUBJECT: Impose a Transactions and Use Tax to be Administered by the State Department of Tax and Fee Administration.
RECOMMENDATION:
That Mayor Wells requests the City Clerk to recite the title.
An Ordinance of the City of El Cajon Imposing a Transactions and Use Tax to be Administered by the State Department of Tax and Fee Administration.
The proposed ordinance amendment is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines section 15378(b)(4). The tax is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
Attachments
Measure J Ord
No. ____Page 1 of 7 , Ordinance
ORDINANCE NO.______
AN ORDINANCE OF THE CITY OF EL CAJON IMPOSING A
TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE
STATE DEPARTMENT OF TAX AND FEE ADMINISTRATION
Section 1. TITLE. This ordinance shall be known as the City of El Cajon "2024 El Cajon Critical Services Ordinance." The City of El Cajon hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City.
Section 2. OPERATIVE DATE . "Operative Date" means one day after the expiration of Ordinance No. 4919 and will expire in twenty years thereafter.
Section 3. PURPOSE. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:
A. To impose a general retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with section 7251) of Division 2 of the Revenue and Taxation Code and section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.
B. To adopt a general retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.
C. To adopt a general retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.
D. To adopt a general retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.
Section 4. CONTRACT WITH STATE. Prior to the Operative Date, the City shall contract with the California Department of Tax and Fee Administration to perform all No. ____Page 2 of 7 , Ordinance
functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the Operative Date, it shall nevertheless so contract and in such a case the Operative Date shall be the first day of the first calendar quarter following the execution of such a contract.
Section 5. TRANSACTIONS TAX RATE . For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one-half percent (0.5%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the Operative Date of this ordinance.
Section 6. PLACE OF SALE. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.
Section 7. USE TAX RATE. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the Operative Date of this ordinance for storage, use or other consumption in said territory at the rate of one-half percent (0.5%) of the sales price of the property.
The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.
Section 8. ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.
Section 9. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:
1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California; No. ____Page 3 of 7 , Ordinance
2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.
3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.
4. In sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in section 6203 and in the definition of that phrase in section 6203.
Section 10. PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer under section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.
Section 11. EXEMPTIONS AND EXCLUSIONS.
A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley- Burns Uniform Local Sales and Use Tax Law or the amount of any state- administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the gross receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the City in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property No. ____Page 4 of 7 , Ordinance
under the authority of the laws of this State, the United States, or any foreign government.
2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the Operative Date of this ordinance.
4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the Operative Date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.
No. ____Page 5 of 7 , Ordinance
2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the Operative Date of this ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the Operative Date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.
7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.
No. ____Page 6 of 7 , Ordinance
D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
Section 12. AMENDMENTS. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.
Section 13. ENJOINING COLLECTION FORBIDDEN . No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
Section 14. AMENDMENTS BY CITY COUNCIL. The following amendments to this ordinance must be approved by the voters of the City: increasing the tax rate; revising the methodology for calculating the tax, such that a tax increase would result; imposing the tax on transactions and uses not previously subject to the tax (unless such amendment occurs automatically by operation of law); or terminating the tax. The City Council may otherwise amend this ordinance without submitting the amendment to the voters for approval in any manner which does not constitute a tax "increase" as that term is defined in Government Code section 53750(h).
Section 15. USE OF PROCEEDS . The proceeds from the tax imposed by this ordinance shall be for unrestricted general revenue purposes of the City and shall be received into the general fund of the City. Nothing in this ordinance shall constitute the tax imposed under this ordinance as a special tax or bind the City to use the proceeds for any specific purpose or function; the City Council shall retain discretion to expend the proceeds of the tax for any lawful purpose of the City.
Section 16. INDEPENDENT CITIZENS’ OVERSIGHT COMMITTEE . If this ordinance is approved by a majority of the voters at the election on November 5, 2024, the City Council shall establish an independent citizens’ oversight committee to ensure that the sales tax proceeds from this ordinance are spent in a manner that meets community needs. The citizens’ oversight committee shall consist of five members and shall include one (1) member nominated by the San Diego County Taxpayers Association, one (1) member nominated by a business organization representing the business community located within the City, and three (3) El Cajon residents at large with at least one having a background in accounting, auditing, or finance. In the event the San Diego County Taxpayers Association or a business organization declines to nominate a representative, the City Council may fill that position with a resident of El Cajon. No No. ____Page 7 of 7 , Ordinance
employee or official of the City and no vendor, contractor, or consultant of the City shall be appointed to the committee.
Section 17. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
Section 18. CEQA. The adoption of this ordinance is not a "project" subject to the requirements of the California Environmental Quality Act ("CEQA") (Public Resources Code section 21000 et seq.). CEQA Guideline 15378(b)(4) provides that the creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to a specific project that may result in a potentially significant physical impact on the environment are not projects subject to the requirements of CEQA.
Section 19. IMPLEMENTATION. This ordinance authorizes City of El Cajon officers and employees to take all steps necessary to implement this ordinance in the manner required by law, including any applicable amendments to the laws of the State of California.
Section 20. CERTIFICATION. The City Clerk shall certify the adoption of this ordinance by the voters, cause it to be published as required by law, and forward a copy of the adopted ordinance to the California Department of Tax and Fee Administration.
Section 21. EFFECTIVE DATE. Pursuant to Elections Code section 9217, this ordinance shall be considered as adopted upon the date that the vote by the electorate of the City of El Cajon is declared by the City Council and shall become effective ten days after that date.
Section 22. TERMINATION DATE. The authority to levy the tax imposed by this ordinance shall terminate upon the effective date of March 31, 2049 or any ordinance adopted by the voters repealing this ordinance.
It is hereby certified that this ordinance was duly adopted by the voters at the November 5, 2024 election and took effect ten (10) days following adoption of a resolution declaring the results of the election at a meeting of the City Council held on December 10, 2024 by the following vote:
08/06/24 CC Agenda
Ord – Imposing Transaction & Use Tax 072924
City Council
Agenda Report
Agenda Item 35.
DATE: December 10, 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: City of El Cajon vs. William H. Moore and Terry L. Moore; Superior Court of California, County of San Diego;
Case No.: 37-2022-00044523-CU-OR-CTL
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, December 10, 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:
City of El Cajon vs. William H. Moore and Terry L. Moore Superior Court of California, County of San Diego
Case No.: 37-2022-00044523-CU-OR-CTL
MORGAN L. FOLEY
City Attorney/General Legal Counsel
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City Council
Agenda Report
Agenda Item 36.
DATE: December 10, 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: City of El Cajon vs. Jessica Deddeh and Bessmon Kalasho, et al.; Superior Court of California, County of San Diego;
Case No.: 37-2023-00052718-CU-OR-CTL
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, December 10, 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:
City of El Cajon vs. Jessica Deddeh and Bessmon Kalasho, et al.
Superior Court of California, County of San Diego
Case No.: 37-2023-00052718-CU-OR-CTL
MORGAN L. FOLEY
City Attorney/General Legal Counsel
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City Council
Agenda Report
Agenda Item 37.
DATE: December 10, 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: David Matthews v. City of El Cajon; Helix Water District; and Does 1-20; Superior Court of California, County of San Diego; Case No.: 37-2023-00035502-CU-PO-CTL
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, December 10, 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:
David Matthews v. City of El Cajon; Helix Water District; and Does 1-20 Superior Court of California, County of San Diego
Case No.: 37-2023-00035502-CU-PO-CTL
MORGAN L. FOLEY
City Attorney/General Legal Counsel
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