Agenda packet, first session — El Cajon City Council, January 28, 2025 (part 1 of 2)

Time and Location
2nd and 4th Tuesday of each month. 3:00 PM
Council Chambers
200 Civic Center Way
El Cajon, CA 92020
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In-P
erson Comments
Members of the public may address the City Council/Agency Members on any item listed on the agenda, or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council, Housing Authority and Successor Agency to the El Cajon Redevelopment Agency.

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

CLICK HERE for additional instruction on in-person comments.

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

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FUTURE AGENDAS
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CITY COUNCIL

HOUSING AUTHORITY AND

SUCCESSOR AGENCY TO THE EL CAJON

REDEVELOPMENT AGENCY

Council Chamber
200 Civic Center Way
El Cajon, CA 92020
Agenda
JANUARY 28, 2025, 3:00 p.m.

Bill Wells, Mayor Graham Mitchell, City Manager
Steve Goble, Councilmember Vince DiMaggio, Assistant City Manager Gary Kendrick, Mayor Pro Tem Morgan Foley, City Attorney Michelle Metschel, Councilmember Angela Cortez, City Clerk Phil Ortiz, Councilmember

CALL TO ORDER: Mayor Bill Wells

ROLL CALL: City Clerk Angela Cortez

PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE

POSTINGS: The City Clerk posted Orders of Adjournment of the January 14, 2025, Meeting and the Agenda of the January 28, 2025, Meeting in accordance to State Law and City Council/Housing Authority/Successor Agency to the Redevelopment Agency Policy.

PRESENTATIONS:

AGENDA CHANGES:

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CONSENT ITEMS:

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

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

RECOMMENDATION:

That the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency approves Minutes of the January 14, 2025, Meeting of the El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency.

2. Warrants
RECOMMENDATION:

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

3. Approval of Reading Ordinances by Title Only
RECOMMENDATION:

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

4. Contract Amendment for Bid No. 012-25 – Citywide Street Beautification

RECOMMENDATION:

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

Appropriate $470,086 of Transnet EL03 funds for the purpose of increasing the Citywide Street Beautification project (243833PWCP); and

1. Amend the scope of work and increase the compensation and working days for the Public Works Contract with Eagle Paving, LLC (Eagle) in the not-to-exceed amount of $470,085.03.

2. 5. Award of RFP No. 024-25 – Sewer Master Plan Update

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, to enter into an agreement with Ardurra Group, Inc. (AGI), in an amount not to exceed $655,732 for the initial one-year term, with the option to renew for one additional one-year period.

6. Contract Amendment for RFP No. 009-25 – Washington Avenue Safety Improvements Project Professional Services

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, to increase the Agreement for Professional Services with Dokken Engineering (DE) for Washington Avenue Safety Improvements Project Professional Services in the not-to-exceed amount of $15,230.

7. City Attorney Staff Members

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, appointing the professional staff of the City Attorney’s Department effective January 28, 2025.

PUBLIC COMMENT:

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

WRITTEN COMMUNICATIONS:

PUBLIC HEARINGS:

ADMINISTRATIVE REPORTS:

8. Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2024, and Other Written Communication from the City's Independent Auditor

RECOMMENDATION:

That the City Council receives and accepts the Annual Comprehensive Financial Report and other written communication from the independent accounting firm of Rogers, Anderson, Malody & Scott, LLP, for the fiscal year ended June 30, 2024.

9. Conflicts in State and Federal Immigration Laws and Policies

RECOMMENDATION:

That the City Council considers one of two options:
wait to take action until the Federal and State governments resolve inconsistencies in their respective immigration laws and policies, or

1. adopt a Resolution that:
seeks additional clarification from State and Federal officials on the inconsistencies in their respective immigration laws and policies, declares the City’s intent to ensure the public safety of all residents, and asserts the City’s intent to comply with Federal immigration law to the legal extent permissible under SB 54 and other applicable laws to remove violent criminals from our community.

2. 10. Prohibition of Vaping and Electronic Smoking Devices Disguised as Other Products

RECOMMENDATION:

That the City Council:

Reviews a draft Ordinance that prohibits vaping and electronic smoking devices disguised as other products; and

1. Provides feedback on the draft Ordinance.2.

11. All-Way Stop Sign on Peach Avenue at Grape Street

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, to establish permanent all-way stop signs on Peach Avenue at the intersection of Grape Street in order to enhance pedestrian and traffic safety.

12. Veterans Memorial Update

RECOMMENDATION:

That the City Council provides direction on the size, scope, and budget for the new Veterans Memorial.

COMMISSION REPORTS:

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

13. Council Activity Report

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• •

ACTIVITIES REPORTS/COMMENTS OF COUNCILMEMBERS:

14. 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.

15. MAYOR PRO TEM GARY KENDRICK
METRO Commission/Wastewater JPA; Heartland Communications; Heartland Fire Training JPA.

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

17. COUNCILMEMBER PHIL ORTIZ
League of California Cities, San Diego Division; East County Economic Development Council; MTS (Metropolitan Transit System Board) – Alternate; East County Advanced Water Purification Joint Powers Authority Board – Alternate; Chamber of Commerce – Government Affairs Committee – Alternate.

JOINT COUNCILMEMBER REPORTS:

GENERAL INFORMATION ITEMS FOR DISCUSSION:

ORDINANCES: FIRST READING

ORDINANCES: SECOND READING AND ADOPTION

18. Amendments to the El Cajon Municipal Code - Title 16 and Title 17, and Specific Plan No. 182

RECOMMENDATION:

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

An Ordinance Amending Chapter 16.12 of the El Cajon Municipal Code Addressing Ministerial Approval of Certain Subdivisions.

An Ordinance Approving an Amendment to Title 17 of the El Cajon Municipal Code (Zoning Code) for Housing and Commercial Land Uses, and Other Minor Technical Changes, Revisions, and Edits.

An Ordinance Approving an Amendment to Specific Plan No. 182 to Allow Additional On-Sale Only Alcoholic Beverage Establishments, Adding Requirements for Decorative Lighting, and Prohibiting Animated or Flashing Signs Including Light Ropes, and Other Non-Substantive Changes Including Clarifying Retail Merchandise Window Display Requirements.

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.

CLOSED SESSIONS:

19. Closed Session - Conference with Legal Counsel - Anticipated Litigation - Initiation of litigation pursuant to paragraph (4) of subdivision (d) of section 54956.9: One (1) potential case

20. Closed Session - Conference with Legal Counsel - Existing Litigation - pursuant to paragraph (1) of subdivision (d) of Government Code section 54956.9: Truck and SUV Superstore, Inc., et al. v. City of El Cajon, et al.; Superior Court of California, County of San Diego;
Case No. 37-2023-00050319-CU-EI-CTL, consolidated with Case No. 37-2024-00011256-CU-EI-CTL

ADJOURNMENT: The Adjourned Regular Joint Meeting of the El Cajon City Council/El Cajon Housing Authority/Successor Agency to the El Cajon Redevelopment Agency held this 28th day of January 2025, is adjourned to Tuesday, February 11, 2025, at 3:00 p.m.

City Council
Agenda Report
Agenda Item 1.

DATE: January 28, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Angela Cortez, City Clerk
SUBJECT: Minutes of the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Meeting
RECOMMENDATION:

Attachments
01-14-25DRAFTminutes - 3PM

Joint Meeting: El Cajon City Council/Housing Authority/ January 14, 2025 Successor Agency to the Redevelopment Agency - 1 - 3:00 p.m.

JOINT MEETING OF THE

EL CAJON CITY COUNCIL/HOUSING

AUTHORITY/SUCCESSOR AGENCY

TO THE EL CAJON

REDEVELOPMENT AGENCY

MINUTES

CITY OF EL CAJON

EL CAJON, CALIFORNIA

January 14, 2025

A Regular Joint Meeting of the El Cajon City Council/Housing Authori ty/Successor Agency to the El Cajon Redevelopment Agency, held Tuesday, January 14, 2025, was called to order by Mayor/Chair Bill Wells at 3:01 p.m., in the Council Chambers, 200 Civic Center Way, El Cajon, California.

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

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

POSTINGS: The City Clerk posted Orders of Adjournment of the December 10, 2024, meeting and the Agenda of the January 14, 2025, meeting in accordance with State Law and El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Policy.

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Joint Meeting: El Cajon City Council/Housing Authority/ January 14, 2025 Successor Agency to the Redevelopment Agency - 2 - 3:00 p.m.

PRESENTATIONS:

• Presentation: Swearing in of Police Chief Jeremiah Larson

• Proclamation: National Law Enforcement Appreciation Day

AGENDA CHANGES: None

CONSENT ITEMS: (1 – 8)

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

Approve Minutes of the December 10, 2024, Meeting of the El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency.

2. Warrants

Approve payment of Warrants as submitted by the Finance Department.

3. Approval of Reading Ordinances by Title Only

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

4. Amend the Conflict of Interest Code of the City of El Cajon

Adopt Resolution No. 001- 25 approving the amendment of the City of El Cajon’s Conflict of Interest Code.

5. Appropriate $33,500 for Purchase of Commercial Pool Boiler

Appropriate $33,500 of the available fund balance from Park Impact Fees Fund for the purpose of replacing the pool boiler at Fletcher Hills Pool.

Joint Meeting: El Cajon City Council/Housing Authority/ January 14, 2025 Successor Agency to the Redevelopment Agency - 3 - 3:00 p.m.

CONSENT ITEMS: (Continued)

6. FY 2023 Paul Coverdell Forensic Science Improvement Grant Award (Performance Period 04/01/2024 – 03/31/2025)

1. Authorize the City Manager, or designee, to accept the FY 2023 Paul Coverdell Forensic Science Improvement Grant (CVRDLL23) in the amount of $52,621 and execute any grant documents and agreements necessary for the receipt and use of these funds; and

2. Appropriate funding of $52,621 for maintenance and support services to existing compliance software programs, operating supplies expenses, and overtime costs for two Forensic Evidence Technicians.

PULLED FOR DISCUSSION BY COUNCILMEMBER GOBLE:

7. Authorization to Establish a Local Early Action Planning (LEAP) Design Project

RECOMMENDATION:

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

1. Establish a Capital Improvement project for the El Cajon Boulevard and Washington Avenue/Marshall Avenue gateway roundabout project (253862PWCP) to appropriate and expend $500,000; and

2. Appropriate and expend the $500,000 California Department of Housing and Community Development (HCD) Grant (HCD -LEAP24) funds to design the El Cajon Boulevard and Washington Avenue/Marshall Avenue gateway roundabout project.

DISCUSSION

Councilmember Goble clarified that the pr oposed project would be funded by a grant and not general funds. He added that Item 7 is for a design only for a roundabout project and not approval for construction.

In answer to a question by Councilmember Metschel, City Manager Mitchell reported there have been no accidents at the roundabout at Johnson Ave & El Cajon Blvd.

Councilmember Metschel suggested opening up the roundabouts for artist to display their work.

MOTION BY GOBLE , SECOND BY METSCHEL , to APPROVE Consent Items 7, and to ADOPT Resolution No. 002 -25 to Establish a Capital Improvement project for the El Cajon Boulevard and Washington Avenue/Marshall Avenue gateway roundabout project (253862PWCP) to appropriate and expend $500,000; and Appropriate and expend the $500,000 California Departm ent of Housing and Community Development (HCD) Grant (HCD -LEAP24) funds to design the El Cajon Boulevard and Washington Avenue/Marshall Avenue gateway roundabout project.

Joint Meeting: El Cajon City Council/Housing Authority/ January 14, 2025 Successor Agency to the Redevelopment Agency - 4 - 3:00 p.m.

CONSENT ITEMS: (Item 7 - Continued)

MOTION CARRIED BY UNANIMOUS VOTE.

8. Wastewater Enterprise Fund Appropriation for Two Completed Emergency Projects

Adopt Resolution No. 003-25, to appropriate $3,252,345 of Wastewater Enterprise Fund balance due to two recently completed emergency projects.

MOTION BY WELLS , SECOND BY METSCHEL , to APPROVE Consent Items 1 to 6, and Item 8.

MOTION CARRIED BY UNANIMOUS VOTE.

PUBLIC COMMENT:

Maryann Ostermeyer spoke about the continued problems with the homeless population cutting the fence to enter the drain ditch, near Naranca School.

City Manager Mitchell clarified that the heavy-duty fence installed by Caltrans cannot be cut. The portion Ms. Ostermeyer reported has not been replaced yet, and that is a portion that will be installed by the City.

Brenda Hammond shared her support for law enforcement.

Violet Lombera spoke about difficulties reporting issues through the My El Cajon App., and made a few suggestions to improve the use of the same.

Stephanie Harper spoke about her sister helping the Los Angeles citizens, affected by the recent wild fires. In answer to a question by Ms. Harper, City Manager Mitchell stated that a Battalion Chief is assisting in the Palisades fire, the rest are on alert with local fires.

Councilmember Metschel read a message submitted to her by Barbara, regarding the homeless problem in all areas of the City.

WRITTEN COMMUNICATIONS: None

PUBLIC HEARINGS: None

Joint Meeting: El Cajon City Council/Housing Authority/ January 14, 2025 Successor Agency to the Redevelopment Agency - 5 - 3:00 p.m.

ADMINISTRATIVE REPORTS:

9. Resolution Declaring Intent to Assist Federal Immigration Authorities

RECOMMENDATION:

That the City Council considers adopting the next Resolution, in order, demonstrating the City’s commitment to public safety, compliance with applicable laws, and advocacy for clarity in navigating the complexities of immigration enforcement.

DISCUSSION

City Manager Mitchell provided detailed information of the Item.

The following people spoke in opposition of the proposed Resolution:

1. Eva Pacheco

2. Dr. Sergio Conti

3. Jesus Pacheco, Latinos en Accion

4. Felipe Razo, Latinos en Accion (Submitted card but didn’t speak)

5. Jose Cruz

6. Violet Lombera, Latinos en Accion

7. Pedro Rios, American Friends Service Committee

8. Salvador Sarmiento, National Day Labor Network

9. Adriana Jasso, American Friends Service Committee

10. Arlette Reyes

11. Brenda Hammond

12. Stephanie Harper

Discussion ensued amongst City Council and Staff concerning the following:
• Hispanic Community’s fear of being targeted;
• Diversity in the City of El Cajon;
• Having trust from the immigrant communities;
• Illegal citizens want to provide for their families, and work hard; • Illegal citizens who perform jobs others do not want to do, i.e. picking crops; • Possibility that crimes will not be reported in fear of being deported; • City not attempting to create or make immigration policies; and • Changing the title of the proposed Resolution.

MOTION BY WELLS, to ADOPT the next Resolution, in order, demonstrating the City’s commitment to public safety, compliance with applicable laws, and advocacy for clarity in navigating the complexities of immigration enforcement.

Councilmember Metschel questioned why a Resolution o f support is needed, if a letter to the Attorney General was already sent to request clarification of the law.

Joint Meeting: El Cajon City Council/Housing Authority/ January 14, 2025 Successor Agency to the Redevelopment Agency - 6 - 3:00 p.m.

ADMINISTRATIVE REPORTS: (Item 9 – Continued)

Councilmember Goble proposed a substitute Motion:

MOTION BY GOBLE, SECOND BY GOBLE, to REQUESTS staff to reword the proposed Resolution to acknowledge the concerns from the citizens and the comments received by the City Council, to affirm the existing community’s values, emphasize the purpose of protecting all residents from those who have committed crimes in the community.

MOTION CARRIED BY 4 – 1 VOTE
(WELLS – No).

Recessed called at 5:00 p.m.

Meeting called back to order at 5:05 p.m.

10. Prohibition of Vaping and Electronic Smoking Devices Disguised as Other Products

RECOMMENDATION:

That the City Council:

1. Reviews a draft Ordinance that prohibits vaping and electronic smoking devices disguised as other products; and

2. Provides feedback on the draft Ordinance.

DISCUSSION

Mayor Wells stated that due to a Special meeting to be held at 6:00 p.m., Item 10 would be moved to the January 28, 2025 meeting.

Rebecca Branstetter, representing CASA, who submitted a speaker card for the Item agreed to return to the January 28, 2025 to provide her comment.

COMMISSION REPORTS: None

ACTIVITIES REPORTS/COMMENTS OF MAYOR WELLS:

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

11. Council Activities Report/Comments

Report as submitted.

Joint Meeting: El Cajon City Council/Housing Authority/ January 14, 2025 Successor Agency to the Redevelopment Agency - 7 - 3:00 p.m.

ACTIVITIES REPORTS OF COUNCILMEMBERS:

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

Council Activities Report/Comments.

Report as submitted.

13. MAYOR PRO TEM GARY KENDRICK
METRO Commission/Wastewater JPA; Heartland Communications; Heartland Fire Training JPA.

Council Activities Report/Comments.

Report as submitted.

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

Council Activities Report/Comments.

Report as submitted.

15. COUNCILMEMBER PHIL ORTIZ
League of California Cities, San Diego Division; East County Economic Development Council; MTS (Metropolitan Transit System Board) – Alternate; East County Advanced Water Purification Joint Powers Authority Board – Alternate; Chamber of Commerce – Government Affairs Committee – Alternate.

Council Activities Report/Comments.

Report as submitted.

JOINT COUNCILMEMBER REPORTS: None

Joint Meeting: El Cajon City Council/Housing Authority/ January 14, 2025 Successor Agency to the Redevelopment Agency - 8 - 3:00 p.m.

GENERAL INFORMATION ITEMS FOR DISCUSSION: None

ORDINANCES: FIRST READING

16. Amendments to the El Cajon Municipal Code (Title 16 and Title 17) & Specific Plan No. 182

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, approving the California Environmental Quality Act exemption; and introduces the next Ordinances, in order, approving amendments to the El Cajon Municipal Code (Title 16 and Title 17) & Specific Plan No. 182.

DISCUSSION

Deputy Director of Community Development, Noah Alvey, provided a summary of the Item.

MOTION BY ORTIZ, SECOND BY METSCHEL , to ADOPT Resolution No. 004-25, approving the California Environmental Quality Act exemption, and INTRODUCE the Ordinance.

MOTION CARRIED BY UNANIMOUS VOTE.

The City Clerk recited the title of the Ordinance for a first reading.

AN ORDINANCE AMENDING CHAPTER 16.12 OF THE EL CAJO N

MUNICIPAL CODE ADDRESSING MINISTERIAL APPROVAL OF

CERTAIN SUBDIVISIONS

ORDINANCES: SECOND READING AND ADOPTION

17. Renew and Approve Policy 706 Military Equipment Use, 2024 Edition

RECOMMENDATION:

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

DISCUSSION

No public comment was received for the Item.

The City Clerk recited the title of the ordinance for a second reading.

Joint Meeting: El Cajon City Council/Housing Authority/ January 14, 2025 Successor Agency to the Redevelopment Agency - 9 - 3:00 p.m.

ORDINANCES: SECOND READING AND ADOPTION (Continued)

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.

MOTION BY WELLS, SECOND BY KENDRICK, to ADOPT Ordinance No. 5146, 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.

MOTION CARRIED BY UNANIMOUS VOTE.

CLOSED SESSIONS:

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

18. Closed Session - Conference with Legal Counsel - Public Employee Discipline / Dismissal / Release

Bradley Fields, Attorney representing Timothy Howell, s poke to request that the City Council would consider overturning the Personnel Commission’s determination to terminate the employment of Mr. Howell.

Timothy Howell, spoke about the facts of his termination, and asked the City Council would consider overturning the Personnel Commission’s determination to terminate him.

MOTION BY WELLS , SECOND BY ORTIZ , to ADJOURN to Closed Session at 5:19 p.m.

MOTION CARRIED BY UNANIMOUS VOTE.

City Attorney Foley announced that he would not participate in the closed session, as he represents the Personnel Commission. Attorney Bart Meisfield will participate in the closed session, representing the City.

RECONVENED to Open Session at 5:34 p.m.

Joint Meeting: El Cajon City Council/Housing Authority/ January 14, 2025 Successor Agency to the Redevelopment Agency - 10 - 3:00 p.m.

CLOSED SESSIONS: (Continued)

City Attorney Bart Meisfield reported the following actions:

• Sustain the Personnel Commission’s recommendation for termination.

Adjournment: Mayor Wells adjourned the Regular Joint Meeting of the El Cajon City Council/ Housing Authority/Successor Agency to the El Cajon Redevelopment Agency held this 14th day of January, 2025, at 5:34 p.m., to Tuesday, January 28, 2025, at 3:00 p.m.

________________________
ANGELA L. CORTEZ, CMC
City Clerk/Secretary

City Council
Agenda Report
Agenda Item 4.

DATE: January 28, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Mara Romano, Purchasing Agent
SUBJECT: Contract Amendment for Bid No. 012-25 – Citywide Street Beautification RECOMMENDATION:

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

Appropriate $470,086 of Transnet EL03 funds for the purpose of increasing the Citywide Street Beautification project (243833PWCP); and

1. Amend the scope of work and increase the compensation and working days for the Public Works Contract with Eagle Paving, LLC (Eagle) in the not-to-exceed amount of $470,085.03.

2. BACKGROUND:

On August 13, 2024, the City Council authorized the award of the Citywide Street Beautification project in the not-to-exceed amount of $2,319,000. On September 18, 2024, the City entered into a contract with Eagle; funded by Coronavirus State & Local Fiscal Recovery (American Rescue Plan Act) Grant Funds.

On November 19, 2024, the City Council adopted a resolution authorizing the City Manager execute an amendment to the Eagle Agreement in a not-to-exceed amount of $1,244,784.43 and increase the bid quantities and working days for the Public Works Contract. Additionally, City Council approved the appropriation of $1,200,000 of Transnet EL03 ($600,000) and ARP10 ($600,000) funds to increase the project budget.

Proposed Construction Change Order (CCO) No. 2 includes:

Paving of California Department of Transportation right-of way along 2nd Street from Naranca Avenue to Oakdale Avenue;
Increase of compensation for the work under the Change Order in the amount of $470,085.03; and
Add an additional 4 days of Saturday work to the project to minimize traffic impacts.

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

The Citywide Street Beautification project includes street resurfacing, striping, signage, installation of traffic control medians, lights, and landscaping on existing public streets. This project is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines section 15301(c).

FISCAL IMPACT:

Approval of the $470,085.03 (CCO No. 2) increase will supplement the contract for a total not-to-exceed amount of $4,033,869.46. Funds are available in Citywide Street Beautification (243833PWCP) project and contingent upon approval of additional funding.

This action will increase appropriations to Citywide Street Beautification by $470,086 using Transnet EL03 funds to accommodate the change order described in this report.

Prepared By: Mara Romano, Purchasing Agent
Reviewed By: Yazmin Arellano, Director of Engineering Services Approved By: Graham Mitchell, City Manager
Attachments
Resolution

Page 1 of 2 ends

RESOLUTION NO. ___-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CAJON AUTHORIZING APPROPRIATION OF TRANSNET EL03 FUNDS TO THE

CITYWIDE STREET BEAUTIFICATION PROJECT, AND APPROVING

A CONSTRUCTION CHANGE ORDER TO AMEND THE

PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL CAJON

AND EAGLE PAVING LLC
(Bid No. 012-25)

WHEREAS, on August 13, 2024, the City Council awarded Bid No. 012- 25 for Citywide Street Beautification (the "Project") to Eagle Paving LLC, in the not -to-exceed amount of $2,319,000, and approved use of Coronavirus State & Local Fiscal Recovery (American Rescue Plan Act) Grant Funds for the Project , and the public works contract (the "Contract") was signed on September 18, 2024; and

WHEREAS, on November 19, 2024, the City Council adopted Resolution No. 175- 24 approving Construction Change Order No. 1 and authorizing a first amendment to the Contract to adjust the bid quantities, add twenty (20) working days, and increase compensation in a not-to-exceed amount of $1,244,784.43; and

WHEREAS, City staff now recommends that the City Council approves Construction Change Order No. 2 to authorize amendment of the Contract to include paving of the California Department of Tra nsportation right-of way along Second Street from N aranca Avenue to Oakdale Avenue, increase compensation in the amount of $470,085.03, and add an additional four (4) days of Saturday work to the Project; and

WHEREAS, the Project includes street resurfacing, striping, signage, installation of traffic control medians, lights, and landscaping on existing public streets, and is exempt from the California Environmental Quality Act ("CEQA") pursuant to State C EQA Guidelines section 15301(c); and

WHEREAS, approval of the $470,085.03 increase in compensation will supplement the Contract amount for a total not-to-exceed amount of $4,033,869.46, and sufficient f unds are available in Fisc al Year 2024- 25 Annual Budget: Citywide Str eet Beautification (243833PWCP), contingent upon approval of the additional funding; and

WHEREAS, the City Council believes it to be in the best interest of the City to approve amendment of the Contract to amend the scope of work, and increas e the compensation and number of working days, as recommended by staff.

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

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

Page 2 of 2 ends

2. The City Council hereby determines that the Project is exempt from CEQA pursuant to State CEQA Guidelines section 15301(c).

3. The City Council hereby approves Construction Change Order No. 2 and amendment of the Contract to (a) include paving of the California Department of Transportation right -of way along Second Street from N aranca Avenue to Oakdale Avenue, (b) increase compensation in the amount of $470,085.03 of Transnet EL03 funds, for a cumulative not-to-exceed total compensation amount of $4,033,869.03, and (c) add an additional four (4) days of Saturday work to the Project.

4. The City Council hereby authorizes the City Manager, or such person as is designated by the City Manager, to execute Construction Change Order No. 2 with any such changes and refinements as may be necessary and approved by the City Manager.

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

01/28/25 CC Agenda
Reso – Bid No. 012-25 – Eagle Paving (CW Street Beaut) Change Order No 2 & 2nd Amendment 011425 City Council
Agenda Report
Agenda Item 5.

DATE: January 28, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Mara Romano, Purchasing Agent
SUBJECT: Award of RFP No. 024-25 – Sewer Master Plan Update RECOMMENDATION:

BACKGROUND:

On November 19, 2024, the City of El Cajon issued a Request for Proposals (RFP) for Sewer Master Plan Update encompassing civil engineering services, to include, but not limited to, the review of the City’s collection system.

On September 12, 2023, the City Council approved SOQ No. 007-24 – On-Call Professional Services. The Statement of Qualifications (SOQ) resulted in a pre-qualified list of firms for on-call professional services covering multiple disciplines such as: civil engineering, landscape architectural, construction management/inspection/labor compliance, land surveying, storm water quality, architectural, municipal planning, and housing and real estate services. The list included approximately four consultants for each discipline to provide services on an “as-needed” basis when projects or services cannot be completed by City staff and proposals.

Contracts greater than $75,000 require City Council approval.

Selection of pre-qualified firms is on a rotating basis for individual tasks within each discipline.

However, at this dollar amount, proposals were requested from all pre-qualified General Civil Engineering firms. Two proposals were received before 5:00 p.m. on December 12, 2024, and were independently reviewed by a five-person evaluation committee. The committee based its assessment on the evaluation criteria specified in the RFP: project organization and key personnel; project experience and references; exceptions and innovations; and cost.

After thorough evaluation of the responses, the City determined the proposal received from AGI best met the City’s requirements to deliver civil engineering services for the Sewer Master Plan Update. The attached memorandum details the evaluation process. .!!!!_ Valley of opportunity
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CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed agreement for professional services to update the Sewer Master Plan being considered by the City Council is exempt from the California Environmental Quality Act ("CEQA") because it is not a “project” under section 15378(b)(5) of the State CEQA Guidelines.

The action involves an administrative activity of government that will not result in a direct or indirect physical change in the environment.

FISCAL IMPACT:

The fiscal impact for the initial one-year term is $655,732. Sufficient funds are available in the Fiscal Year 2024-25 Wastewater Maintenance (650720) budget. The subsequent one-year renewal cost is estimated at $14,268.

Prepared By: Mara Romano, Purchasing Agent
Reviewed By: Yazmin Arellano, Director of Engineering Services Approved By: Graham Mitchell, City Manager
Attachments
Resolution
Memorandum - 024-25

Page 1 of 2 ends

RESOLUTION NO. -25

RESOLUTION AWARDING PROPOSAL FOR

SEWER MASTER PLAN UPDATE
(RFP No. 024-25)

WHEREAS, on September 23, 2023, the City of El Cajon (the "City") , approved the Statement of Qualifications No. 007- 24 – On-Call Professional Services, which resulted in a pre- qualified list of firms for on- call professional services covering multiple disciplines such as: civil engineering, landscape architectural, construction management/inspection/labor compliance, land surveying, storm water quality, architectural, municipal planning, and housing and real estate services; and

WHEREAS, the list included approximately four consultants for each discipline to provide services on an “as-needed” basis when projects or services cannot be completed by City staff and proposals; and

WHEREAS, on November 19, 2024, City of El Cajon issued Request for Proposals (RFP) No. 024- 25 for Sewer Master Plan Update encompassing civil engineering services, to include, but not limited to, the review of the City’s collection system; and

WHEREAS, contracts greater than $75,000 require City Council approval; and

WHEREAS, at the not to exceed dollar amount of $655,732 for this contract , proposals were requested from all pre-qualified General Civil Engineering firms; and

WHEREAS, two proposals were received prior to the 5:00 p.m. deadline on December 12, 2024, and were independently reviewed by a five- person evaluation committee which based its assessment on the evaluation criteria specified in the RFP:
project organization and key personnel; project experience and references; exceptions and innovations; and cost; and

WHEREAS, after thorough evaluation of the responses, the City determined the proposal received from Adurra Group Inc. ("AGI") best met the City’s requirements to deliver civil engineering services for the Sewer Master Plan Update; and

WHEREAS, the fiscal impact for the initial one- year term is $655,732. Sufficient funds are available in the Fiscal Year 2024- 25 Wastewater Maintenance (650720) budget. The subsequent one-year renewal cost is estimated at $14,268; and

WHEREAS, the proposed agreement for professional services to update the Sewer Master Plan being considered by the City Council is exempt from the California Environmental Quality Act ("CEQA") because it is not a “project” under section 15378(b)(5) of the State CEQA Guidelines. The action involves an administrative activity of government that will not result in a direct or indirect physical change in the environment; and

WHEREAS, the City Coun cil believes it to be in the best interest of the City to award the RFP to Adurra, as recommended by staff , and in an amount not to exceed

Page 2 of 2 ends

$655,732 for the initial one-year term and if necessary, the subsequent one-year renewal cost estimated at $14,268.

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

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

2. The City Council hereby determines that these actions are exempt from the California Environmental Quality Act ("CEQA") because it is not a “project” under section 15378(b)(5) of the State CEQA Guidelines. The action involves an administrative activity of government that will not result in a direct or indirect physical change in the environment.

3. The City Council hereby awards RFP No. 024-25 to Adurra Group, Inc., in an amount not to exceed $ 655,732 for the initial one-year term and if necessary, the subsequent one-year renewal cost estimated at $14,268, and rejects all other proposals.

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

01/28/25 CC Agenda
Reso – RFP 024-25 – Sewer Master Plan Update - Award (AGI) 012125 11,c Vaf/cy ofOppor/1111/ty
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City of El Cajon
TO: Mara Romano, Purchasing Agent
Engineering Services Department
Wastewater Division
MEMO
FROM:

DATE:

Blake Behringer, Associate Engineer, Chair of the Selection Committee January 6, 2025
SUBJECT: Selection Recommendation for RFP 024-25 Sewer Master Plan Update The selection committee has independently reviewed the proposals and completed proposal evaluation forms for the two (2) proposals received in response to RFP 024-25 for the Sewer Master Plan Update.

The composite scores of the firms resulted in the following 'ranking.

Rank Consultant Firm Composite Score

1. Ardurra Group, Inc. 450.0

2. Rick Engineering Co. 402.0
The selection committee found the proposal by Ardurra to be the most experienced with sewer master planning and the interrelated regulations, programs and challenges specific to the San Diego region and the City itself. The contract fee is within the budget for the specified project. In conclusion, the committee recommends the selection of Ardurra.

The requested contract amount is $655,732. The requested term is one-year with an optional one-year renewal period. The optional extension is not expected to cause an exceedance of the total project budgeted amount and is therefore estimated to be an additional $14,268. A total of $670,000 was budgeted in account 650720 8395 for the project. No general funds will be expended.

Submitted by,
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Associate Engineer
Attachments : Composite Score Spreadsheet
Completed Evaluation Forms
APPROVED BY:

Direct,9 of Engineering Services
City Council
Agenda Report
Agenda Item 6.

DATE: January 28, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Mara Romano, Purchasing Agent
SUBJECT: Contract Amendment for RFP No. 009-25 – Washington Avenue Safety Improvements Project Professional Services
RECOMMENDATION:

BACKGROUND:

The Washington Avenue Safety Improvements Project Professional Services is partially funded by California Department of Transportation Highway Safety Improvement (HSIP) grant funds.

The project encompasses design services for the installation of raised concrete medians, high visibility crosswalks, and a pedestrian hybrid beacon on Washington Avenue between Avocado Avenue and Mollison Avenue.

On June 25, 2024, the City Council awarded RFP No. 009-25 – Washington Avenue Safety Improvements Project Professional Services to DE in an amount not to exceed $364,945.

Staff requests an increase in DE's contract amount by $15,230 for public outreach services and production of public outreach materials.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed contract amendment to the agreement for design services for the installation of raised concrete medians, high visibility crosswalks, and a pedestrian hybrid beacon on Washington Avenue between Avocado Avenue and Mollison Avenue is exempt from the provisions of the California Environmental Quality Act ("CEQA"). In accordance with State CEQA Guidelines section 15301(c), pedestrian safety improvements are not subject to CEQA.

FISCAL IMPACT:

Approval of the $15,230 increase will supplement the current contract, for a total not-to-exceed amount of $380,175. Sufficient funds are available in the Washington Avenue Safety Improvements (233795PWCP) project budget.
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Prepared By: Mara Romano, Purchasing Agent
Reviewed By: Yazmin Arellano, Director of Engineering Services Approved By: Graham Mitchell, City Manager
Attachments
Resolution

Page 1 of 2 ends

RESOLUTION NO. ___-25

RESOLUTION APPROVING AMENDMENT TO THE

AGREEMENT WITH DOKKEN ENGINEERING FOR PROFESSIONAL SERVICES

FOR THE WASHINGTON AVENUE SAFETY IMPROVEMENTS PROJECT
(RFP No. 009-25)

WHEREAS, the Washington Avenue Safety Improvements Project, is partially funded by California Department of Transportation Highway Safety Improvement grant funds; and

WHEREAS, the Project encompasses design services for the installation of raised concrete medians, high visibility crosswalks, and a pedestrian hybrid beacon on Washington Avenue between Avocado Avenue and Mollison Avenue; and

WHEREAS, on June 25, 2024, the City Council awarded 009- 25 – Washington Avenue Safety Improvements Project Professional Servi ces, to D okken Engineering ("DE") in an amount not to exceed of $364,945; and

WHEREAS, City staff is requesting an increase in compensation to DE in the amount of $15,230 for public outreach services which covers preparing and conducting one public outreach meeting.; and

WHEREAS, approval of the $15,230 increase will supplement the current contract, for a total not-to-exceed amount of $380,175. Sufficient funds are available in Fiscal Year 2024-25 Annual Budget: Washington Avenue Safety Improvements (233795PWCP); and

WHEREAS, the proposed amendment to the agreement for design services for the installation of raised concrete medians, high visibility crosswalks, and a pedestrian hybrid beacon on Washington Avenue between Avocado Avenue and Mollison Avenue is exempt from the provisions of the California Environmental Quality Act ("CEQA"). In accordance with State CEQA Guidelines section 15301(c), pedestrian safety improvements are not subject to CEQA; and

WHEREAS, the City Council believes it to be in the best interest of the City to increase the City's Professional Services Agreement with DE in the not-to-exceed amount of $380,175, for the Fiscal Year 2024-2025.

Page 2 of 2 ends

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

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

2. The City Council hereby determines that the Project is exempt from CEQA pursuant to State CEQA Guidelines section 15301(c), pedestrian safety improvements are not subject to CEQA.

3. The City Council hereby approves amendment of the Agreement in the amount of $15,230 for public outreach services which covers preparing and conducting one public outreach meeting in Fiscal Year 2024-2025.

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

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

1/28/25 CC Agenda
Reso – RFP 009-25 – Amend Washington Avenue Safety Improvements Project - Award (Dokken Eng) 011425 City Council
Agenda Report
Agenda Item 7.

DATE: January 28, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Morgan Foley, City Attorney
SUBJECT: City Attorney Staff Members
RECOMMENDATION:

That the City Council adopts the next Resolution, in order, appointing the professional staff of the City Attorney’s Department effective January 28, 2025.

BACKGROUND:

The office of the City Attorney is staffed by principals and associates of the municipal law department of the law offices of McDougal Boehmer Foley Lyon Mitchell & Erickson. These appointments periodically change with the departures and additions of personnel, and this action is necessary to update the list of current staff.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed professional staffing for the City Attorney's Office is exempt from the California Environmental Quality Act ("CEQA") in accordance with section 15378(b)(5) of the State CEQA Guidelines, because it is an organizational activity of government.

FISCAL IMPACT:

No fiscal impact. The contract with the City Attorney and McDougal Boehmer Foley Lyon Mitchell & Erickson is not affected by this change.

Attachments
Resolution
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RESOLUTION NO. __-25

RESOLUTION APPOINTING CITY ATTORNEY STAFF

OF THE CITY OF EL CAJON

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

The City Attorney staff members are appointed, effective January 28, 2025, as follows:

Morgan L. Foley, City Attorney

Mark-Robert Bluemel, Assistant City Attorney

M. Anne Cirina, Assistant City Attorney

Camila Easland, Assistant City Attorney

Cory R. Lacy, Assistant City Attorney

Jennifer M. Lyon, Assistant City Attorney

Barbara C. Luck, Staff Attorney

01/28/25 CC Agenda
Reso - City Attorney Staff Appointment 012225

City Council
Agenda Report
Agenda Item 8.

DATE: January 28, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Clay Schoen, Director of Finance
SUBJECT: Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2024, and Other Written Communication from the City's Independent Auditor
RECOMMENDATION:

BACKGROUND:

Annual Comprehensive Financial Report and Independent Auditors' Report The Annual Comprehensive Financial Report (ACFR) is prepared annually to present the City's financial condition and the fiscal year-end results of government-wide operations. The financial statements have been audited by the firm of Rogers, Anderson, Malody & Scott, LLP, whose Independent Auditors' Report states that, in their opinion, the financial statements are presented fairly in all material respects and are in conformance with generally accepted accounting principles (i.e., a "clean" audit opinion).

Due to the size of the document, the ACFR is included by reference in this report, and is available electronically on the City's website at
www.elcajon.gov/your-government/departments/finance/financial-reports .

Other Correspondence
The purpose of the Independent Auditors' Report on Internal Control Over Financial Reporting is solely to describe the scope of the auditors' testing of internal control and compliance, and the results of that testing, not to provide an opinion of the effectiveness of the City's internal control or on compliance. Given these limitations, the independent auditors did not identify any deficiencies in internal control that they consider material weaknesses or significant deficiencies.

Article XIII-B of the California Constitution establishes a statutory appropriations limit for the State and each local government within the State. The appropriations limit is adjusted annually for the cost of living and change in population. Additionally, the annual calculation of the appropriations limit is required to be reviewed as part of the annual financial audit. .!!!!_ Valley of Opportunity
The Independent Accountant's Report on Agreed-Upon Procedures Applied to Appropriations Limit Worksheets, prescribed by Article XIII-B of the California Constitution is the result of that review.

Additionally, the auditors issued a letter in accordance with the Statement on Auditing Standards 114 (SAS 114). The standard requires communication between the auditor and client to identify certain information, such as qualitative aspects of accounting practices, management representations, and other audit findings or issues, among others.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

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

FISCAL IMPACT:

None.

Prepared By: Luca Gonzales, Financial Operations Manager Reviewed By: Clay Schoen, Director of Finance
Approved By: Graham Mitchell, City Manager
Attachments
ACFR 2023-2024 Cover with link
Audit Report
GANN Limit Report
SAS114 Letter
Fiscal Year Ending June 30, 2024
Available electronically at:
https://www.elcajon.gov/your-government/departments/finance/ financial-reports
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City of El Cajon
California
ANNUAi~ COMPREHENSIVE

FINANCIAL REPORT

13 Independent Auditor’s Report

To the Honorable Mayor and Members of the City Council
City of El Cajon, California

Report on the Audit of the Financial Statements

Opinions

We have audited the accompanying financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of City of El Cajon, California (the City), as of and for the year ended June 30, 2024, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements as listed in the table of contents.

In our opinion, the accompanying financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City, as of June 30, 2024, and the respective changes in financial position and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America.

Basis for Opinions

We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States (Government Auditing Standards). Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.

Responsibilities of Management for the Financial Statements

The City’s management is responsible for the preparation and fair presentation of the financial statem ents in accordance with accounting principles generally accepted in the Un ited States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
735 E. C arn egie Dr . Suit e I 00
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PARTNERS
Scott W Manno, CPA. CGMA
Leena Shanbhag, CPA. MST. CGMA
Bradferd A Welebir. CPA MBA CGMA
Jenny W . Liu. CPA. MST
Ga,·denya Duran. CPA, CGMA
Brianna Schultz. CPA. CGMA
Brenda L. Od le. CPA. MST (Partn e, Emeritus)
Terry P Shea, CPA (Partner Emeritus)

MANAGERS/ STAFF
Seong-Hyea Lee. CPA. MBA
Evelyn Morenun-Barcena. CPA
Vern nica Hernandez. CPA
Laura A,v,zu. CPA
John Maldonado , CPA. MSA
Julia Rodriguez Fuentes. CPA, MSA
Dem, Hite. CPA
Jeffrey McKennan. CPA
Mo111ca Wysock, , CPA
Jacob Weatherb ie, CPA, MSA
Bohm Han, CPA. MAcc
A nny Gonzalez, CPA

MEMBERS
Ame ncan Institute of
Certif ied Public Accountants
PCPS The A/CPA Alliance
(01 CPA Fi1ms
Governmental Aud,t
Q11ality Ce11te1
Californ ia Society of
Ce rt1f1ed Public Accountants
•
Proud Member of
AlliottGlobalAlliance~
ROG ERS, ANDER SO N. MAL O D Y & SCO TT , LLP
CERT IFIED PUBLIC ACCOUNTANTS. SIN CE 1948
STAB ILITY. ACCURACY. TRUST.

14 In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise subst antial doubt about the City’s ability to continue as a going concern for twelve months beyond the financia l statement date, including any currently known information that may raise substantial doubt shortly thereafter.

Auditor’s Responsibilities for the Audit of the Financial Statements

Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audi t conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelih ood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.

In performing an audit in accordance with GAAS and Government Auditing Standards, we:

 Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material misstat ement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.
 Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, no such opinion is expressed.  Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.
 Conclude whether, in our judgment, there are condi tions or events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for a reasonable period of time.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control–related matters that we identified during the audit.

Required Supplementary Information

Accounting principles generally accepted in the Un ited States of America r equire that the required supplementary information, such as management’s discussion and analysis and budgetary comparison information, as listed in the table of contents, be presented to supplement the basic financial statements.

Such information is the responsibility of managem ent and, although not a part of the basic financial statements, is required by the Governmental Ac counting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards ge nerally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.

15 Supplementary Information

Our audit was conducted for the purpose of forming opi nions on the financial statements that collectively comprise the City’s basic financial statements. The combining and individual nonmajor fund financial statements and the nonmajor fund bu dgetary comparison schedules are presented for purposes of additional analysis and are not a required part of the basic financial statements.

The supplementary information is the responsib ility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedur es applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themse lves, and other additional procedur es in accordance with auditing standards generally accepted in the United States of America. In our opinion, the accompanying supplementary information referred to above is fairly stated, in all material respects, in relation to the basic financial statements as a whole.

Other Information Included in the Annual Report

Management is responsible for the other information included in the annual report. The other information comprises the letter of transmittal and the statistical section but does not inclu de the financial statements and our auditor's report thereon. Our opinions on the financial statements do not cover the other information, and we do not express an opinion or any form of assurance thereon. In connection with our audit of the financial statements, our responsibility is to read th e other information and consider whether a material inconsistency exists between the other information a nd the financial statements, or the other information otherwise appears to be materially misstated. If, ba sed on the work perform ed, we conclude that an uncorrected material misstatement of the other information exists, we ar e required to describe it in our report.

Other Reporting Required by Government Auditing Standards

In accordance with Government Auditing Standards, we have also issued our report dated December 19, 2024 on our consideration of the City’s internal cont rol over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters.

The purpose of that report is solely to describe the sco pe of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of internal control over financial reporting or on co mpliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control over financial reporting and compliance.

San Bernardino, California
December 19, 2024

-1-
Independent Accountant’s Report
To the Honorable City Council
City of El Cajon, California
We have performed the procedures enumerated below to the accompanying Appropriations Limit Worksheet of the City of El Cajon, California (the City) for the year ended June 30, 2024. The management of the City is responsible for the accompanying Appropriations Limit Worksheet.

The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of meeting the requirements of Section 1.5 of Article XIII-B of the California Constitution. These procedures, which were suggested by the League of California Cities and presented in the publication entitled Agreed- upon Procedures Applied to the Appropriations Limitation Prescribed by Article XIII-B of the California Constitution, were performed solely to assist you in meeting the requirements. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes.

The procedures and the associated findings are as follows:

1. We obtained the completed worksheets and compared the limit and annual adjustment factors included in those worksheets to the limit and annual adjustment factors that were adopted by resolution of the City Council. We also compared the
population and inflation options included in the aforementioned documents to those that were selected by a recorded vote of the City Council.

Finding: No exceptions were noted as a result of our
procedures.

2. For the accompanying Appropriations Limit Worksheet, we added last year’s limit to total adjustments and agreed the resulting amount to this year’s limit.

Finding: No exceptions were noted as a result of our
procedures.
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3. We agreed the current year information presented in the accompanying Appropriations Limit Worksheet to the o
ther documents referenced in number one above.

Finding: No exceptions were noted as a result of our procedures.

4. We agreed the prior year appropriations limit presented in the accompanying Appropriations Limit Worksheet to t
he prior year appropriations limit adopted by the City
Council during the prior year.

Finding: No
exceptions were noted as a result of our procedures.

We were e
ngaged by the City to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review, the objective of which would be the expression of an opinion or conclusion, respectively, on accompanying Appropriations Limit Worksheet for the year ended June 30, 2024.

Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

This report is intended solely for the information and use of the City Council and management of the City of El Cajon, California, and is not intended to be and should not be used by anyone other than these specified parties. However, this report is a matter of public record and its distribution is not limited.

San Bernardino, California
January 9, 2025

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City of El Cajon
APPR

OPRIATIONS LIMIT WORKSHEET
2023 – 2024
Per Capita Personal Income change 4.44%
Population change:

City population growth -0.61%
CPI change converted to a ratio 1.0444
Population change converted to a ratio 0.9939
Calculation of growth factor 1.0380
2022-2023 Appropriations Limit 195,270,339$
2023-2024 Appropriations Limit
($195,270,339 X 1.0380)* 202,696,306$
* = allow for rounding

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December 19, 2024

To the Honorable City Council
City of El Cajon, California

We have audited the financial statements of the City of El Cajon (the City) as of and for the year ended June 30, 2024, and have issued our report thereon dated December 19, 2024. Professional standards require that we advise you of the following matters relating to our audit.

Our Responsibility in Relation to the Financial Statement Audit

As communicated in our engagement letter dated June 18, 2024, our responsibility, as described by professional standards, is to form and express opinions about whether the financial statements that have been prepared by management with your oversight are presented fairly, in all material respects, in accordance with accounting principles generally accepted in the United States of America. Our audit of the financial statements does not relieve you or management of your respective responsibilities.

Our responsibility, as prescribed by professional standards, is to plan and perform our audit to obtain reasonable, rather than absolute, assurance about whether the financial statements are fr ee of material misstatement. An audit of financial statements includes consideration of the system of internal control over financial reporting as a basis fo r designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control over financial reporting. Accordingly, as part of our audit, we considered the system of internal control of the entity solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control.

We are also responsible for communicating significant matters related to the audit that are, in our professional judgment, relevant to your responsibilities in overseeing the financial reporting process. However, we are not required to design procedures for the purpose of identifying other matters to communicate to you.

Planned Scope and Timing of the Audit

We conducted our audit consistent with the planned scope and timing we previously communicated to you.

Compliance with All Ethics Requirements Regarding Independence

The engagement team, others in our firm, and our firm have complied with all relevant ethical requirements regarding independence.
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Significant Risks Identified

We have identified the possibility of the following significant risks:

Management's override of internal c ontrols over financial reporting: Management override of internal controls is the intervention by management in handling financial information and making decisions contrary to internal control policy.

Revenue recognition: Revenue recognition is a generally accepted accounting principle that refers to the conditions under which an entity can recognize a transaction as revenue. Auditing standards indicate that recognizing revenue is a presumed fraud risk and usually classified as a significant risk in most audits.

These significant risks are presumptive in most audits and merit attention by the auditors due to the direct impact over financial reporting and internal control processes. Although identified as significant risks, we noted no matters of management override of controls or deviations from generally accepted accounting principles which caused us to modify our audit procedures or any related matters which are required to be communicated to those charged with governance due to these identified risks.

Qualitative Aspects of the City’s Significant Accounting Practices

Significant Accounting Policies

Management has the responsibility to select and use appropriate accounting policies. A summary of the significant accounting policies adopted by the entity is included in Note 1 to the financial statements. The City adopted GASB Statement No. 100, Accounting Changes and Error Corrections during 2024. No matters have come to our attention that would require us, under professional standards, to inform you about (1) the methods used to account for significant unus ual transactions and (2) the effect of significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus.

Significant Accounting Estimates

Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s current judgments. Those judgments are normally based on knowledge and experience about past and current events and assump tions about future events. Certain accounting estimates are particularly sensitive because of thei r significance to the financ ial statements and because of the possibility that future events affecting them may differ markedly from management’s current judgments.

The most sensitive accounting estimates affecting the financial statements are as follows:

Management's estimate of the net OPEB liability, related deferred inflow s and outflows and OPEB expense are based on actuarial reports provided by independent actuaries. We evaluated the key factors and assumptions used to develop the estimate in determining that it is reasonable in relation to the financial statements taken as a whole.

Management's estimate of the net pension liability, related deferred inflows and outflows and pension expense are based on actuarial reports provided by independent actuaries. We evaluated the key factors and assumptions used to develop the estimate in determining that it is reasonable in relation to the financial statements taken as a whole.

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Management’s estimate of lease and subscription liabilities, right-to-use assets, and asset amortization is based on present value calculations using certai n terms and assumptions in the lease/subscription agreements and estimated useful lives of assets in accordance with genera lly accepted accounting principles. We evaluated the key factors and assumptions used to develop the lease and subscription related estimates in determining that it is reasonabl e in relation to the financial statements taken as a whole.

Financial Statement Disclosures

Certain financial statement disclosures involve significant judgment and are particularly sensitive because of their significance to financial statement users. The most sensitive disclosures affecting the City’s financial statements relate to:

The disclosure of net OPEB liability, deferred inflows and outflows and OPEB expense in the notes to the financial statements are based on actuarial assump tions. Actual future liabilities, deferred inflows and outflows and pension expense may vary from disclosed estimates.

The disclosure of net pension liability, deferred inflows and outflows and pension expense in the notes to the financial statements are based on actuarial assumptions. Actual future liabilities, deferred inflows and outflows and pension expense may vary from disclosed estimates.

The disclosure of leases receivable, deferred inflows of resources related to leases, lease/subscription amortization, leases/subscription liabilities, right -to-use assets, and asset amortization in the basic financial statements is based on certain terms and assumptions in the lease agreements which could differ from actual amounts.

The financial statement disclosures are neutral, consistent, and clear.

Significant Difficulties Encountered during the Audit

We encountered no significant difficulties in dealing wi th management relating to the performance of the audit.

Uncorrected and Corrected Misstatements

For purposes of this communication, professional standards require us to accumulate all known and likely misstatements identified during the aud it, other than those that we belie ve are trivial, and communicate them to the appropriate level of management. Furthe r, professional standards require us to also communicate the effect of uncorrect ed misstatements related to prior periods on the relevant classes of transactions, account balances or disclosures, and the financial statements as a whole and each applicable opinion unit.

Disagreements with Management

For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter, which could be significant to the City’s financial statements or the auditor’s report. No such disagreements arose during the course of the audit.

Representations Requested from Management

We have requested certain written representations from management, which are included in the attached letter dated December 19, 2024.

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Management’s Consultations with Other Accountants
In some cases, management may decide to consult with other accountants about auditing and accounting matters. Management informed us that, and to our knowledge, there were no consultations with other accountants regarding auditing and accounting matters.

Other Significant Matters, Findings, or Issues

In the normal course of our professional association with the City, we generally discuss a variety of matters, including the application of accounting principl es and auditing standards, operating and regulatory conditions affecting the city, and operational plans and strategies that may affect the risks of material misstatement. None of the matters discussed resulted in a condition to our retention as the City’s auditors.

Other Information included in Annual Reports

Pursuant to professional standards, our responsibilit y as auditors for other information in documents containing the City’s audited financial statements does not extend beyond the financial information identified in the audit report, and we are not required to perform any procedures to corroborate such other information.

However, in accordance with such standards:

We applied certain limited procedures to the required supplementary information (RSI), as listed in the basic financial statements table of contents, which are required information that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI.

We were engaged to report on the combining and i ndividual nonmajor fund financial statements, the budgetary comparison schedules, which accompany t he financial statements but are not RSI. With respect to this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepar e the financial statements or to the financial statements themselves.

We were not engaged to report on the transmittal letter and statistical section, which accompany the financial statements but are not RSI. We did not audi t or perform other procedures on this other information and we do not express an opinion or provide any assurance on it.

Our responsibility also includes communicating to you any information which we believe is a material misstatement of fact. Nothing came to our attention that caused us to believe that such information, or its manner of presentation, is materially inconsistent wi th the information, or m anner of its presentation, appearing in the financial statements.

This report is intended solely for the information and use of the City Council and management of the City and is not intended to be and should not be used by anyone other than these specified parties.

San Bernardino, California

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December 19, 2024
Rogers, Anderson, Malady & Scott, LLP ·
Finance
This representation letter is provided in connection with your audit of the basic financial statements of the City of El Cajon (the entity) as of June 30, 2024, and for the year then ended, and the related notes to the financial statements, for the purpose of expressing opinions on whether the basic financial statements present fairly, in all material respects, the financial position, results of operations, and cash flows, where applicable, of the various opinion units of the entity in accordance with accounting principles generally accepted for governments in the United States of America (U.S. GAAP).

Certain representations in this letter are described as being limited to matters that are material. Items are considered material, regardless of size, if they involve an omission or misstatement of accounting information such that, in the light of surrounding circumstances, there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements .

We confirm that, to the best of our knowledge and belief, having made such inquiries as we considered necessary for the purpose of appropriately informing ourselves as of December 19, 2024:

Financial Statements
• We have fulfilled our responsibilities, as set out in the terms of the audit engagement letter dated June 18, 2024, for the preparation and fair presentation of the financial statements of the various opinion units referred to above in accordance with U.S. GAAP. • We acknowledge our responsibility for the design, implementation, and maintenance of the system of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. • We acknowledge our responsibility for the design, implementation, and maintenance of internal control to prevent and detect fraud.
• We acknowledge our responsibility for compliance with the laws, regulations, and provisions of contracts and grant agreements.
• We have reviewed, approved, and taken responsibility for the financial statements and related notes.
• We have a process to track the status of audit findings and recommendations . • We have identified and communicated to you all previous audits, attestation engagements, and other studies related to the audit objectives and whether related recommendations have been implemented.
• The methods , data and significant assumptions used by us in making accounting estimates and their related disclosures, are appropriate to achieve recognition, measurement, or disclosure that is reasonable in the context of the applicable financial reporting framework . • All related party relationships and transactions have been appropriately accounted for and disclosed in accordance with the requirements of U.S. GAAP. • All events subsequent to the date of the f:nancial statements and for which U.S. GAAP requires adjustment or disclosure have been adjusted or disclosed .

City of El Cajon • 200 Civic Center Way • El Cajon, CA 92020 (619) 441-1721 • Fax (619) 588-1190
www.cityofelcajon.us
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• The effects of all known actual or possible litigation and claims have been accounted for and disclosed in accordance with U.S. GAAP.
• All component units, as well as joint ventures with an equity interest, if any, are included and other joint ventures and related organizations are properly disclosed. • All funds and activities are properly classified.
• All funds that meet the quantitative criteria in GASB Statement No. 34, Basic Financial Statements-and Management's Discussion and Analysis-for State and Local Governments, GASB Statement No. 37, Basic Financial Statements-and Management's Discussion and · Analysis-for State and Local Governments: Omnibus as amended, and GASB Statement No. 65, Items Previously Reported as Assets and Liabilities, for presentation as major are identified and presented as such and all other funds that are presented as major are considered important to financial statement users.
• All components of net position, nonspendable fund balance, and restricted, committed, assigned, and unassigned fund balance are properly classified and, if applicable, approved. • Our policy regarding whether to first apply restricted or unrestricted resources when an expense is incurred for purposes for which both restricted and unrestricted net position/fund balance are available is appropriately disclosed and net position/fund balance is properly recognized under the policy.
• All revenues within the statement of activities have been properly classified as program revenues, general revenues, contributions to term or permanent endowments, or contributions to permanent fund principal.
• All expenses have been properly classified in or allocated to functions and programs in the statement of activities, and allocations, if any, have been made on a reasonable basis. • All interfund and intra-entity transactions and balances have been properly classified and reported. • Special items and extraordinary items have been properly classified and reported. • Deposit and investment risks have been properly and fully disclosed. • Capital assets, including infrastructure assets, are properly capitalized, reported, and if applicable , depreciated.
• All required supplementary information is measured and presented within the prescribed guidelines.
• We have · evali:i'ated all of our fease and subscription agreements and have given you our assessment as to whether each agreement is subject to GASB Statement No. 87, Leases and GASB Statement No. 96, Subscription Based Information Technology Arrangements. • With regard to investments and other instruments reported at fair value:
-.. The underlying assumptions are reasonable and they appropriately reflect management's intent and ability to carry out its stated courses of action. - The measurement methods and related assumptions used in determining fair value are appropriate in the circumstances and have been consistently applied. - The disclosures related to fair values are complete, adequate, and in accordance with U.S.

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- There are no subsequent events that require adjustments to the fair value measurements and disclosures included in the financial statements.
• With respect to preparation of the financial statements, we have performed the following:

Made all management decisions and performed all management functions; - Assigned a competent individual to oversee the services; Evaluated the adequacy of the services performed;
Evaluated and accepted responsibility for the result of the service performed; and City of El Cajon • 200 Civic Center Way • El Cajon, CA 92020 (619) 441 -1721 • Fax (619) 588-1190
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Established and maintained internal controls, a process to monitor the system of internal controls.

Information Provided
• We have provided you with:
- · Access to all information, of which we are aware that is relevant to the preparation and fair presentation of the financial statements of the various opinion units referred fo above, such as records, documentation, meeting minutes, and other matters; ..,. Additional information that you have requested from us for the purpose of the audit; and Unrestricted access to persons within the entity from whom you determined it necessary to obtain audit evidence.
- A written acknowledgement of all the documents that we expect to issue that will be included in the annual report and the planned timing and method of issuance of that annual report;
A final version of the annual report (including all the documents that, together, comprise the annual report) in a timely manner prior to the date of the auditor's report. • The financial statements and any other information included in the annual report are consistent with one another, and the other information does not contain any material misstatements. • All information provided in electronic form are true representations of the original documents. • All transactions have been recorded in the accounting records and are reflected in the financial statements.
• We have disclosed to you the results of our assessment of the risk that the financial statements may be materially misstated as a result of fraud.
• We have provided to you our analysis of the entity's ability to continue as a going concern, including significant conditions and events present, and we believe that our use of the going concern basis of accounting is appropriate.
• We have no knowledge of any fraud or suspected fraud that affects the entity and involves:
- Management;
Employees who have significant roles in internal control; or - Others where the fraud could have a material effect on the financial statements. • We have no knowledge of any allegations of fraud, or suspected fraud, affecting the entity's financial statements communicated by employees, former employees, vendors, regulators, or others.
• We not aware of any pending or threatened litigation, claims, and assessments whose effects should be considered when preparing the financial statements. • We have disclosed to you the identity of the entity's related parties and all the related party relationships and transactions of which we are aware.
• There have been no communications from regulatory agencies concerning noncompliance with or deficiencies in accounting, internal control, or financial reporting practices. • The entity has no plans or intentions that may materially affect the carrying value or classification of assets and liabilities.
• We have disclosed to you all guarantees, whether written or oral, under which the entity is contingently liable.
• We have disclosed to you all nonexchange financial guarantees, under which we are obligated and have declared liabilities and disclosed properly in accordance with GASB Statement No. 70, Accounting and Financial Reporting for Nonexchange Financial Guarantees, for those guarantees where it is more likely than not that the entity will make a payment on any guarantee.

City of El Cajon • 200 Civic Center Way • El Cajon, CA 92020 (619) 441-1721 • Fax (619) 588-1190
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• For nonexchange financial guarantees where we have declared liabilities, the amount of the liability recognized is the discounted present value of the best estimate of the future outflows expected to be incurred as a result of the guarantee . Where there was no best estimate but a range of estimated future outflows has been established, we have recognized the minimum amount within the range. • We have disclosed to you all significant estimates and material concentrations known to management that are required to be disclosed in accordance with GASB Statement No. 62 (GASB-62) , Codification of Accounting and Financial Repotting Guidance Contained in Pre November 30, 1989 FASB and A/CPA Pronouncements . Significant estimates are estimates at the balance sheet date that could change materiaily within the next year. Concentrations refer to volumes of business, revenues, available sources of supply, or markets or geographic areas for which events could occur that would significantly disrupt normal finances within the next year. • We have identified and disclosed to you the laws, regulations, and provisions of contracts and grant agreements that could have a direct and material effect on financial statement amounts, including legal and contractual provisions for reporting specific activities in separate funds. • There are no:
- Violations or possible violations of laws or regulations, or provisions of contracts or grant agreements whose effects should be considered for disclosure in the financial statements or as a basis for recording a loss contingency , including applicable budget laws and regulations .

Unasserted claims or assessments that our lawyer has advised are probable of assertion and must be disclosed in accordance with GASB-62 .
- Other liabilities or gain or loss contingencies that are required to be accrued or disclosed by GASB-62
Continuing disclosure consent decree agreements or filings with the Securities and Exchange Commission and we have filed updates on a timely basis in accordance with the agreements (Rule 240, 15c2-12).
• The entity has satisfactory title to all owned assets, and there are no liens or encumbrances on such assets nor has any asset or future revenue been pledged as collateral, except as disclosed to you.
• We have complied with all aspects of grant agreements and other contractual agreements that would have a material effect on the financial statements in the event of noncompliance . '· -·.

Use of a Specialist
• We agree with the findings of specialists in evaluating the entity's net pension and net other post employment benefit liabilities and related deferred amounts and have adequately considered the qualifications of the specialist in determining the amounts and d_isclosures used in the financial statements and underlying accounting records. We did not give or cause any instructions to be given to specialists with respect to the values or amounts derived in an attempt to bias their work, and we are not otherwise aware of any matters that have had an impact on the independence or objectivity of the specialists .
• We believe that the actuarial assumptions and methods used to measure pension and other postemployment benefit liabilities and costs for financial accounting purposes are appropriate in the circumstances
City of El Cajon • 200 Civic Center Way • El Cajon, CA 92020 (619) 441 ~1721 • Fax (619) 588-1190
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• There have been no cybersecurity breaches or other cyber events whose effects should be considered for disclosure in the financial statements, as a basis for recording a loss contingency, or otherwise considered when preparing the financial statements.

Supplementary Information in Relation to the Financial Statements as a Whole With respect to supplementary information accompanying the financial statements:
• We acknowledge our responsibility for the presentation of the supplementary information in accordance with accounting principles generally accepted in the United States of America. • We believe the supplementary information, including its form and content, is fairly presented in accordance with accounting principles generally accepted in the United States of America. • The methods of measurement or presentation have not changed from those used in the prior period.
• We believe any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information, and the basis for our assumptions and interpretations, are reasonable and appropriate in the circumstances . • When the supplementary information is not presented with the audited financial statements, management will make the audited financial statements readily available to the intended users of the supplementary information no later than the date of issuance by the entity of the supplementary information and the auditor's report thereon.
• We acknowledge our responsibility to include the auditor's report on the supplementary information in any document containing the supplementary information and that indicates the auditor reported on such supplen:,entary information. ..
• We acknowledge our responsibility to present the supplementary information with the audited financial statements or, if the supplementary information will not be presented with the audited financial statements, fo make the audited financial statements readily available to the intended users of the supplementary information no later than the date of issuance by the entity of the supplementary information and the auditor's report thereon.

Required Supplementary Information
With respect to the required supplementary information accompanying the financial statements:
• We acknowledge our responsibility for the presentation of the required supplementary information in accordance with U.S. GAAP.
• We believe the required supplementary information, including its form and content, is measured and fairly presented in accordance with U.S. GAAP.
• The methods of measurement or presentation have not changed from those used in the prior period.
• We believe the significant assumptions or interpretations underlying the measurement or presentation of the required supplementary information, and the basis for our assumptions and interpretations, are reasonable and appropriate in the circumstances.

City of El Cajon • 200 Civic Center Way • El Cajon, CA 92020 (619) 441-1721 • Fax (619) 588-1190
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Accounting Estimates and Related Disclosures
• The significant judgments made in making the accounting estimates have taken into account all relevant information of which we are aware.
• We have consistently and appropriately selected and applied methods, assumptions, and data when making accounting estimates.
• The assumptions we used in making and disclosing accounting estimates appropriately reflect our intent and ability to carry out specific courses of action on behalf of the entity, when relevant to the accounting estimates and disclosures.
• The disclosures related to accounting estimates, including those disclosures describing estimation uncertainty, are complete and are reasonable in the context of the applicable financial reporting framework.
• We have obtained and applied appropriate specialized skills and expertise in making accounting estimates.
• We are not aware of any events subsequent to the date of the financial statements that require adjustment to our accounting estimates and related disclosures included in the financial statements.

Clay Schoen, Director of Finance
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Graham Mitchell, City Manager
City of El Cajon • 200 Civic Center Way• El Cajon, CA 92020 (619) 441-1721 • Fax (619) 588 -1190
www.cityofelcajon.us
City Council
Agenda Report
Agenda Item 9.

DATE: January 28, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Graham Mitchell, City Manager
SUBJECT: Conflicts in State and Federal Immigration Laws and Policies RECOMMENDATION:

That the City Council considers one of two options:
wait to take action until the Federal and State governments resolve inconsistencies in their respective immigration laws and policies, or

1. adopt a Resolution that:
seeks additional clarification from State and Federal officials on the inconsistencies in their respective immigration laws and policies,
declares the City’s intent to ensure the public safety of all residents, and asserts the City’s intent to comply with Federal immigration law to the legal extent permissible under SB 54 and other applicable laws to remove violent criminals from our community.

2. BACKGROUND:

On December 10, 2024, an agenda item was introduced by Mayor Wells and Councilmember Ortiz regarding immigration. The City Council directed staff to accomplish two tasks. First, staff was directed to prepare a letter to California Attorney General Bonta asking for clarification regarding El Cajon’s commitment to public safety, its intent to comply with federal immigration law, and detail the implications of Senate Bill 54 (2017). That letter (attached) was sent to the Attorney General’s Office on December 16, 2024. Second, staff was tasked to prepare a resolution declaring the City’s intent to comply with federal immigration authorities to the maximum legal extent permissible under SB 54 and other applicable laws.

A draft resolution was presented to the City Council on January 14, 2025. The City Council directed staff to re-draft the resolution based on its discussion and public comment received.

Per the City Council's direction, staff has prepared a revised resolution that the City Council may wish to consider. This agenda report provides a summary of the resolution, with a focus on changes made to the draft. The analysis also provides a brief summary of a response letter recently received from the California Attorney General's Office (attached). .!!!!_ Valley of Opportunity
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• •
Wait to Take Action Approach
Since the January 14th City Council meeting occurred, President Trump has assumed office and his administration has issued several executive orders related to immigration and the U.S.

Department of Justice has issued several statements about immigration. In response, the California Attorney General and Governor Newsom have issued responses. These conflicts between the Federal and State governments continue to heighten the precarious positions in which cities find themselves.

Because of the complexity of the situation and the increased conflict between the Federal and State governments, one option that the City Council could consider is to wait until "the dust settles" before determining if the City should consider a resolution.

Modified Resolution
If the City Council wishes to consider making a policy statement, staff has prepared a revised resolution. The agenda report includes a "red lined" version of the resolution and a "clean" copy for consideration. The following is a summary of the changes and other elements of the draft resolution:

Title Change - staff changed the title to reflect the intent of the resolution. The revised title reads: "A resolution of the City Council of the City of El Cajon seeking additional clarification from State and Federal Officials on the Inconsistencies in their respective immigration laws and policies, declaring the City's intent to ensure the public safety of all residents, and asserting the City's intent to comply with Federal immigration law to the legal extent permissible under SB 54 and other applicable laws to remove violent criminals from our community." New "Whereas" Statements - the following three statements were added to the "Whereas" section of the resolution:

WHEREAS, El Cajon is home to vibrant and diverse immigrant communities who have enriched our City with their unique cultural traditions, entrepreneurial spirit, and valuable contributions to the social and economic fabric of our community.

WHEREAS, the City Council affirms statements from Senate Bill 54 ("SB 54"), known as the California Values Act, that “Immigrants are valuable and essential members of the California community” and “A relationship of trust between California’s immigrant community and state and local agencies is central to the public safety of the people of California." WHEREAS, on January 19, 2025, the City received a letter from the California Office of the Attorney General (attached hereto as Exhibit “B”), citing United States v. California, 921 F.3d 865 9th Cir. 2019) asserting that SB 54 was a proper exercise of a state’s power under the Tenth Amendment of the U.S. Constitution; however, the letter did not fully address the questions posed in the City’s December 16, 2024 letter to the Attorney General.

Modified "Whereas" Statement - the following "Whereas" statement was modified:

WHEREAS, the City Council expresses concern that SB 54 limits the ability of local law enforcement to cooperate with federal authorities in the enforcement of immigration law, which in some cases weakens law enforcement’s ability to protect communities from dangerous individuals that prey on the vulnerable and are engaged in these violent criminal activities.

Modified Directive Statements - the resolution concludes with six directive statements. Two of these statements have been modified to read as follows:

1. Declaration of Intent: The City of El Cajon declares its intent to comply with the enforcement of federal immigration law to the legal extent permissible under SB 54, the Supremacy Clause of the U.S. Constitution, and other applicable laws for the sole purpose of removing those that have committed violent criminal offenses, as defined by California Penal Code Section 1192.7(c), from our community. Further, the City of El Cajon will not impede federal law enforcement officials or block their efforts, as has been suggested by other California jurisdictions, known as “sanctuary cities.”

3. Compliance with State and Federal Law: The City will continue to comply with federal and state law, recognizing that there are conflicts between federal and state laws.

Unmodified Directive Statements - the other four directive statements were not modified (except for the addition of one word as highlighted below) and they include:

2. Commitment to Public Safety: The City remains steadfast in its commitment to protecting the safety and well-being of its residents, particularly those most vulnerable to criminal activities such as human trafficking and drug distribution.

4. Community Trust: The City recognizes the importance of maintaining trust within the community and reaffirms its commitment to treating all residents with dignity and respect, regardless of immigration status.

5. Request for Guidance: The City will continue to request additional clarification and guidance from the California Attorney General’s Office regarding the legal parameters of cooperation with federal immigration authorities under SB 54 and potential conflicts with federal law.

6. Distribution: The City Clerk is directed to send a copy of this Resolution to the California Attorney General’s Office, the Governor of California, and other relevant state and federal officials to ensure that the City’s position and concerns are clearly communicated.

Response Letter from California Attorney General's Office A letter was received from the California Attorney General's office on January 19, 2025, which responded to the City's letter sent on December 16, 2024. The short letter addressed two questions posed by the City: clarification on the implementation of SB 54 and legal authority to impose SB 54. The letter included links to twelve information bulletins and manuals about how SB 54 is to be implemented. Still unanswered questions include: will the State provide protection to cities from the Federal government if cities are penalized for complying with SB 54 and what actions the State would take if a city were to violate SB 54.

The letter referenced a new information bulletin dated January 17, 2025 by the California Department of Justice. This bulletin clarifies that local law enforcement may investigate, detain, or arrest a person for federal immigration violations if the person was previously deported after being convicted of a violent crime, re-entered the U.S. illegally, and committed another crime. The bulletin states the following if these circumstances occur: "This is the one limited circumstance in which the Value Act permits a law enforcement official to exercise their discretion to arrest or assist in the arrest of a person for a federal immigration law violation...," provided the local agency has a law or policy permitting such cooperation.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

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

FISCAL IMPACT:

No fiscal impact.

Prepared By: Graham Mitchell, City Manager
Reviewed By: N/A
Approved By: Graham Mitchell, City Manager
Attachments
Resolution (red line version)
Resolution (final version)
RESOLUTION NO. -25

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

ADDIT IONAL CLARIFICAT ION FROM STATE AND FEDERAL OFFICIA LS ON THE

INCONSISTENC IES IN THEIR RESPECTIVE IMMIGRATION LAWS AND POLICI ES,

DECLARING THE CITY'S INTENT TO ENSURE THE PUBLIC SAFETY OF ALL

RESIDENTS, AND ASSERTING THE CITY'S INTENT TO COMPLY WITH FEDERAL IMMIGRATION LAW TO THE LEGAL EXTENT PERMISSIBL E UNDER SB 54 AND

OTHER APPLICA BLE LAWS TO REMOVE VIOLENT CRIMINAL S FROM OUR

COMMUNITY

A RESOLUTION OF THE CITY COU NCIL OF THE CITY OF EL CAJON

DECLARING THE CITY'S INTENT TO ASS IST FEDERAL IMMIGRATION

AUTHORITIES TO THE MAXIMUM LEGAL EXTENT PERMISSIBLE
UNDER SB 54 AND OTHER APPLICABLE LA'NS
WHEREAS, the City of El Cajon ("City") is committed to upholding public safety and adhering to the rule of law as foundational principles of governance ; and Whereas, El Cajon is home to vibrant and diverse immigrant communities who have enriched our City with their unique cultural traditions, entrepreneuria l spirit, and valuable contributions to the social and economic fabric of our community; and WHEREAS, the City Council affirms statements from Senate Bill 54 ("SB 54"), known as the California Values Act, that "Immigrants are valuable and essential members of the California community " and "A relationship of trust between California's immigrant community and state and local agenc ies is central to the public safety of the people of California"; and
WHEREAS , immigration enforcement involves complex and sensitive issues that intersect state and federal jurisdictions, public safety, and the trust of our community; and VVHEREAS, Senate Bill 54 ("SB 54"), known as the California Values Act, limits the ability of local law enforcement to cooperate with federal immigration authorities , which creates challenges in addressing threats to public safety posed by individuals engaged in criminal activities; and
VVHERE'\S , tho Suprnrnaey Clause @f tho U.S. C@Rstituti@n ~.'\rtielo VI, Clause 2) ostaelishos that focimal law suporsocios e@RflietiRg state law, further eernplieatir;:ig tho City's @@ ligatiens eincior Sia §4; anci
WHEREAS, the City Council acknowledges the importance of maintaining trust with all members of the community while also ensuring that residents are protected from individuals engaged in serious criminal activities , including gang involvement , human trafficking , and drug distribution; and

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WHEREAS, a 2024 Immigration and Customs Enforcement ("ICE") report indicates that there are significant numbers of non-detained individuals living in the United States illegally who have been convicted of or charged with violent crimes, including assault, sexual assault, homicide, and human trafficki_ng; and WHEREAS , the Supremacy Clause of the U.S. Constitution (Article VI, Clause 2) establishes that federal law supersedes conflicting state law, further complicating the City's obligations under SB 54: and
I
WHEREAS, the City Council expresses concern that SB 54 limits the ability of local law enforcement to cooperate with federal immigration authorities in the enforcement of immigration law, which in some cases weakens law enforcement's ability to protect communities from dangerous individuals that prey on the vulnerable and are engaged in these violent criminal activitieswhich create challenges in addressing threats to public safety posed by individuals engaged in criminal activities : and WHEREAS, the City has sought clarification from the California Attorney General regarding its obligations under SB 54 and federal law through a letter dated December 16, 2024 (attached hereto as Exhibit "A"); and WHEREAS, on January 19, 2025, the City received a letter from the California Office of the Attorney General (attached hereto as Exhibit "B"), citing United States v.

California, 921 F.3d 865 99th Cir. 2019) asserting that SB 54 was a proper exercise of a state's power under the Tenth Amendment of the U.S. Constitution; however, the letter did not fully address the questions posed in the City's December 16, 2024 letter to the Attorney General..,.

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

1. Declaration of Intent: The City of El Cajon declares its intent to assist comp ly with the enforcement of federal immigration authorities law -ifl-to their enforcement efforts to the maximum legal extent permissible under SB 54, the Supremacy Clause of the U.S. Constitution, and other applicable laws for the sole purpose of removing those that have committed violent crimina l offenses, as defined by California Penal' Code Section 1192.?(c),posing a threat to public safety from our community. Further, the City of El Cajon will not impede federal law enforcement officials or block their efforts, as have been suggested by other California jurisdictions , known as "sanctuary cities." 4-:-L__Commitment to Public Safety: The City remains steadfast in its commitment to protecting the safety and well-being of its residents, particularly those most vulnerable to criminal activities such as human trafficking and drug distribution. 2-:-L_ Compliance with State and Federal Law: The City will ensure continue to comply with federa l and state law,that all actions taken to assist federal immigration authorities are fully compliant with SB 54, federal immigration laws, and constitutiona l principles, recognizing that there are conflicts between federal and state laws.

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J..:-1.:._Community Trust: The City recognizes the importance of maintaining trust within the community and reaffirms its commitment to treating all residents with dignity and respect, regardless of immigration status.

4.-L__ Request for Guidance: The City will continue to request additiona l clarification and guidance from the California Attorney General's Office regarding the legal parameters of cooperation with federal immigration authorities under SB 54 and potential conflicts with federal law.

B-76. Distribution: The City Clerk is directed to send a copy of this Resolution to the California Attorney General's Office, the Governor of California, and other relevant state and federal officials to ensure that the City's position and concerns are clearly communicated.
01/28/25 CC Agenda
Reso - SB 54 (Immigration) 121924

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Page 1 of 23 ends

RESOLUTION NO. __-25

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

ADDITIONAL CLARIFICATION FROM STATE AND FEDERAL OFFICIALS ON THE

INCONSISTENCIES IN THEIR RESPECTIVE IMMIGRATION LAWS AND POLICIES, DECLARING THE CITY’S INTENT TO ENSURE THE PUBLIC SAFETY OF ALL RESIDENTS, AND ASSERTING THE CITY’S INTENT TO COMPLY WITH FEDERAL IMMIGRATION LAW TO THE LEGAL EXTENT PERMISSIBLE UNDER SB 54

AND OTHER APPLICABLE LAWS TO REMOVE VIOLENT CRIMINALS

FROM OUR COMMUNITY

WHEREAS, the City of El Cajon ( "City") is committ ed to upholding public safety and adhering to the rule of law as foundational principles of governance; and

WHEREAS, the City Council affirms statements from Senate Bill 54 ( "SB 54"), known as the California Values Act, that "Immigrants are valuable and essential members of the California community " and "A relationship of trust between California’s immigrant community and state and local agencies is central to the public safety of the people of California"; and

WHEREAS, immigration enforcement involves complex and s ensitive issues that intersect state and federal jurisdictions, public safety, and the trust of our community; and

WHEREAS, the City Council acknowledges the importance of maintaining trust with all members of the community while also ensuring that residents are protected from individuals engaged in serious criminal activities, including gang involvement, human trafficking, and drug distribution; and

WHEREAS, the Supremacy Clause of the U.S. Constitution (Article VI, Clause 2) establishes that federal law supersedes conflicting state law, further complicating the City’s obligations under SB 54; and

Page 2 of 23 ends

WHEREAS, the City has sought clarification from the California Attorney General regarding its obligations under SB 54 and federal law through a letter dated December 16, 2024 (attached hereto as Exhibit "A"); and

WHEREAS, on January 19, 2025, the City received a letter from the California Office of the Attorney General (attached hereto as Exhibit "B"), citing United States v.

California, 921 F.3d 865 99
th Cir. 2019) asserting that SB 54 was a proper exercise of a state’s power under the Tenth Amendment of the U.S. Constitution; however, the letter did not fully address the questions posed in the City’s December 16, 2024 letter to the Attorney General.

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

1. Declaration of Intent: The City declares its intent to comply with the enforcement of federal immigration law to the legal extent permissible under SB 54, the Supremacy C lause of the U.S. Constitution, and other applicable laws for the sole purpose of removing those that have committed violent criminal offenses, as defined by California Penal Code Section 1192.7(c), from our community. Further, the City will not impede federal law enforcement officials or block their efforts, as have been suggested by other California jurisdictions, known as "sanctuary cities."

2. Commitment to Public Safety: The City remains steadfast in its commitment to protecting the safety and well -being of its residents, particularly those most vulnerable to criminal activities such as human trafficking and drug distribution.

3. Compliance with State and Federal Law: The City will continue to comply with federal and state law, recognizing that there are conflicts between federal and state laws.

01/28/25 CC Agenda
Reso – SB 54 (Immigration) 012225

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:\>CAJo ~ .~.:~~- ~
The Valley of Opportunity
~ ~ ~
<'o ~ ~C)
"'PorateO
December 16, 2024
Mr. Rob Bonta, Attorney General
California Department of Justice
Office of the Attorney General
P.O. Box 903447
Sacramento, CA 94203-4470
rob. [email protected] .gov
Mayor and City Council
VIA E-Mail and US Mail
SUBJECT: Request for Clarification: Navigating SB 54 and Federal Immigration Laws Dear Attorney General Bonta:

The City of El Cajon City Council is contemplating a resolution declaring its intent to comply with federal immigration laws and assist federal authorities in their enforcement efforts to the maximum legal extent permissib le. This resolution , if adopted, underscores the City of El Cajon's priorities of upholding public safety and adhering to the rule of law.

The City Council acknowledges that immigration enforcement is a complex and sensitive issue , touching on foundational principles of state and federal jurisdiction, public safety, and trust within our community. Provisions of SB 54 add to the complexities that the City must navigate , especially as state and federal immigration policies are inconsistent, putting cities and their personnel in a difficult position.

This letter seeks clarification on navigating these complexities, particularly regard ing SB 54, the Supremacy Clause of the U.S. Constitution (Article VI, Clause 2), and potential legal consequences for cooperating with federal immigration authorities .

City Concerns
While recognizing some of the intentions behind SB 54, the City expresses deep concern about its impact on protecting residents from individuals engaged in criminal activities, including gang involvement , human trafficking, and drug distribution. These activities pose serious threats to public safety , particularly for vulnerable populations within our community.

A 2024 Immigration and Customs Enforcement report indicates that there could be as many as 435,000 convicted crim inals living in the U.S. illegally, many for violent crimes such as assault, City of El Cajon • 200 Civic Center Way• El Cajon, CA 92020 (619) 441-1788 • Fax (619) 441-1770
www.cityofelcajon.us
EXHIBIT .. A ..

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Mr. Rob Banta, State Attorney General

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December 16, 2024
sexual assault , prostitution , human trafficking, and child explo itation. Further, on September 25, 2024 , Patrick J. Lechleitner , Deputy Directo r of Immigration and Customs Enforcement , penned a letter to The Honorable Tony Gonzales , U.S. House of Representatives, that included a table identifying the number of non-detained individuals living in the United State illegally , categorized by their criminal history (attached) . The following table is an excerpt from the letter:

National Docket Data for Noncitizens by Criminality and Most Serious Charge Categories as of Jul:t: 21, 2024*
Non-Detained
Convicted Pending Criminal
Most Serious Charge Category Criminal Charges Total
Assault 62,23 1 42,915 105,146
Dangerous Drugs 56,533 13,846 70,379
Sexual Assault 15,811 4,250 20,061
Homicide 13,099 1,845 14,944
Sex Offense (not involving 9,461 2,650 12, 111 assault or commerc ialized sex) Commercial ized Sexual Offense 2,200 1,771 3,971
Kidnapping 2,52 1 851 3,372
*ICE's non-detained docket is a list of every person the United States believes is a removable non-citizen who is physically present in the United States and who is not currently held in ICE detention.

It is unknown how many of these individuals are in El Cajon or the San Diego region ; however , if some of them are here , they pose a serious threat to our community . The City Counc il is concerned that under SB 54, the City is limited in its ability to protect our community from these individuals .

Questions for the Attorney General
The City of El Cajon seeks the Attorney General's clarification on the following issues related to SB 54 (2017) and its implications for local law enforcement. 1) Clarification of SB 54's Scope and Exceptions :

Could the Attorney General specify the extent to which SB 54 limits local law enforcement's ability to cooperate with federa l authorities on immigration matters , particularly in cases involving individuals who pose a significant public safety risk? For examp le, does SB 54 allow for cooperation in cases involving noncitizens engaged in violent gang activity , those charged with serious felonies , or individuals with a documented pattern of child exploitation or sex trafficking?

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Mr. Rob Bonta, State Attorney General

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December 16, 2024
2) Supremacy Clause and Legal Precedence :

Can the Attorney General provide insights into how courts have addressed potential conflicts between SB 54 and federa l immigrat ion enforcement under the Suprem acy Clause of the U.S_ Constitution (Article VI, Clause 2)? Is there legal precedent in which state law has been upheld despite apparent conflicts with federal law? Specifica lly, is there a legal basis for SB 54 to withstand federal preempt ion challenges? 3) State Enforcement of SB 54:

If the City of El Cajon engages in cooperative efforts with federal immigration author ities in cases involving felony offenders , what enforcement actions or pena lties will the State of California pursue unde r SB 54? Are there specific procedura l steps the Attorney General's Office would take in response to perceived noncompliance? 4) Indemnification and Legal Protections for Law Enforcement:

In the event that federal authorities mandate local government participation in immigration enforcement, how would SB 54 apply? Would the State indemnify or otherwise protect police officers who comply with federa l orders that might conflict with SB 54? Additionally , could SB 54's provisions be deemed unenforceab le under such circumstances? Conclusion
Whi le we appreciate the underlying purpose of SB 54, the incoming federal administration has an entirely different viewpoint on the issue_ This divergence of opinion transla tes into a precarious legal position for cities, city council members , city management , and public safety personne l. It is therefore vital to understand where the commands of SB 54 fit vis-a-vis the U.S. Constitution and the mandates being voiced by the incoming Trump administration.

Again , the City of El Cajon is committed to upholding public safety and adhering to the rule of law.

I look forward to your response.

Sincerely ,
~M~
Bill Wells
Mayor
Attachment
cc: El Cajon City Counci l

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The Honorable Tony Gonzales
U.S. House of Representatives
Washington, DC 20515
Dear Representative Gonzales:

September 25, 2024
Office of the Director
U.S. Depanmen l of Hom•l•nd Security
500 I 2lh Street SW
Washingcon, DC 20536
U.S. Immigration
and Customs
Enforcement
Thank you for your March 13, 2024 letter to the Department of Homeland Security (DHS). I am responding on behalf of the Deparnnent and apologize for the delay.

U.S. Immigration and Customs Enforcement (ICE) recognizes the importance of its relationships with its law enforcement partners to carry out its mission. In recent years, however, as you know, some jurisdictions have reduced their cooperation with ICE, to include refusal to honor ICE detainer requests, even for noncitizens who have been convicted of serious felonies and pose an ongoing threat to public safety. ICE recognizes that some jurisdictions are concerned that cooperating with federal immigration officials will erode trust with immigrant communities and make it harder for local law enforcement to serve those populations. However, "sanctuary" policies can end up shielding dangerous criminals, who often victimize those same communities .

Despite the challenges of operating within a broken immigration system, and in the face of an enormous workload and consistently limited fund ing, DHS continues to enforce the law to secure our borders. We are remov ing and returning record numbers of migrants who are unable to establish a legal basis to remain in the United States, and prioritizing for removal those who present national security and public safety risks, and recent border crossers. From mid-May 2023 through the end of July 2024, DHS removed or returned more than 893,600 individuals, including more than 138,300 individua ls in family units. The majority of all individuals encountered at the Southwest Border over the past three years have been removed, returned , or expelled.

Your letter requests the number of noncitizens on ICE's docket convicted or charged with a crime. As of July 21, 2024, there were 662,566 noncitizens with criminal histor ies on ICE's national docket, which includes those detained by ICE, and on the agency's non-detained docket.

Of those, 435,719 are convicted criminals , and 226,847 have pending criminal charges. Please refer to the following chart. It is important to note that detention determinations are made using a few guidelines . First, ICE is bound by statutory requirements not to release certain noncitizens from ICE custody during the pendency of removal proceedings and notes that most noncitizens who are convicted of homicide are typically not eligible for release from ICE custody under §236(c) oftbe Immigration and Nationality Act. Second and in limited circumstances when www.ice.gov

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The Honorable Tony Gonzales
Page2
236(c) does not apply, ICE officers may use their discretion in making custody determinations and release noncitizens with conditions. ICE custody determinations are made on a case-by-case basis and take into account the individual case circumstances, primarily considering risk of flight, national security threat, and threat to public safety . ICE takes other factors into consideration as well, including when a noncitizen has a serious medical condition, is the primary caregiver of minor children, or other humanitarian considerations .

Natio nal Docket Data for Noncitizens by Criminality and Most Serious Charge J O 4 -
Most Serious Currently Detained Non-Detained
Charge Convicted Pending Convicted Pending Criminal Criminal Category Criminal Charges Criminal Charges Total 10 288 4.706 425 431 222. 141
Antitrust - - 1 1
Arson 36 3 792 177
Assault 2,348 1,498 62,231 42,915
Bribery 3 - 131 22
Burglary 365 126 14,301 3,266
Civil Rights - - } -
Commercialized
Sexual Offenses 18 12 2,200 1,771
Conservation 1 1 225 183
Damage
Property 46 65 1,396 1,270
Dangerous
Dru14s 1,352 328 56,533 13,846
Embezzlement 6 - 233 97
Extortion 4 5 217 136
Family
Offenses 150 71 6,477 3,861
Flight I
Escape 121 37 2,317 949
www.ice.gov

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The Honorable Tony Gonzales

Page 3 ends

ForRe117 117
Fraudulent
Activities 296
Gamblin:? 1
General
Crimes 245
Health I Safety 6
Homicide 277
Immif?ration 947
Invasion of
Privacy 151
Juvenile
Offenders 1
Kidnavvinf? 85
Larceny 330
Liquor 31
Military -
Obscenity 22
Obstructing
Judiciary,
Congress, ll8
Lef!islature, Etc.

Obstructing
the Police 181
Public Peace 93
Robbery 285
Sex Offenses
(Not Involving
Assault or 446 Commercialized
SexJ
Sexual Assault 509
53 7,525 4,627
57 15,979 5,127
- 155 222
138 10,998 7,851
1 448 228
51 13,099 1,845
444 51,933 40,142
37 3,866 3,222
- 20 14
27 2,521 851
217 18,234 12,397
26 1,367 1,186
- - 11
2 151 77
54 7,446 4,579
131 6,567 3,543
77 5,642 2,485
71 10,031 2,039
69 9,461 2,650
142 15,811 4,250
www.ice.gov

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The Honorable Tony Gonzales
Page4
Smuoo/inf! 15
Sovereignty -
Stolen
Prooertv 31
Stolen Vehicle 53
Tax Revenue 1
Threat 54
Traffic
Offenses 1,090
Weapon
Offenses 453
2 218 154
- 29 6
23 2,508 1,593
38 2,663 1,189
2 106 58
35 1,101 635
720 77,074 49,269
143 13,423 3,397
You also requested ICE's current detention capacity. Under the DHS appropriations bill enacted on March 23, 2024, ICE Enforcement and Removal Operations (ERO) is funded at 41,500 beds through the rest of the fisca l year (FY), which is an increase from 34,000 in FY 2023.

Regarding the number of declined detaine rs since FY 2021, from October l, 2020, through July 22, 2024, ICE lifted 1 24,796 detainers . Of those , 23,59 I were declined by state and local law enforcement agencies, and 1,205 were lifted due to insufficient notice to ICE.

Additionally, from October 1, 2020, through July 22, 2024 , ERO issued 2,897 detainers that were declined by state or local law enforcement agencies and where the subject of the deta iner had a subsequent apprehension by ERO.

Thank you again for your letter. Should you wish to discuss this matter further, please do not hesitate to contact the ICE Office of Congressional Relat ions at [email protected] .gov.

Sinc erely,
~
Patrick J. Lechleitner
Deputy Director and
Senior Official Performing the Duties of the Director
1 TCE may lift a detainer at any time afte r it has been issued. The lifting of a detainer is based upon the totality of the case and TCE may lodge another detainer at a later date, if appropriate. The circumstances under which ICE may lift a detainer are unlimited; however, these circumstances may include, but are not limited to, criminal convictions and pending crimina l charges, the noncitizen has lawful status to remain or reside in the United States, health-related concerns , etc.
www.ice.gov

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The Honorable Tony Gonzales

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cc: The Honorable Garret Graves
The Honorable Jay Obernolte
The Honorable John H. Rutherford
The Honorable Andy Harris
The Honorable Byron Donalds
The Honorable Anthony D'Esposito
The Honorable Nancy Mace
The Honorable Brandon Williams
The Honorable John Rose
The Honorable Randy Feenstra
The Honorable Ralph Norman
The Honorable Bruce Westerman
The Honorable Lori Chavez-DeRemer
The Honorable Nicole Malliotakis
The Honorab le Diana Harshbarger
The Honorable Chuck Edwards
The Honorable Carlos Gimenez
The Honorable Dan Crenshaw
The Honorable Ashley Hinson
The Honorable Michael Guest
The Honorable C. Scott Franklin
The Honorable James Moylan
www.ice.gov

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ROBBONTA
Attorney General

VIA E-MAIL
The Hon. Bill Wells
Mayor for the City of El Cajon
200 Civic Center Way
El Cajon, CA 92020
[email protected]
January 19, 2025
Re: Request for Clarificat ion Regarding SB 54 (2017)
Dear Mayor Wells:

State of California

DEPARTMENT OF JUSTICE
300 South Spr ing Street. Suite 1702
Los Ang eles, CA.900 13
Telephone: 213-269-6280
E-Mail Address: Michm.:1.Ncv.·rnan&?<loj.ca.gov
We have received your letter regarding the City of El Cajon's concerns and question s relating to the interaction betw een Senate Bill 54 (2017) and federal immigration enforcement, and welcome the opportunity to provide a number of resources that will assist your city in its complianc e with state law. First and foremost, it is critical to understand that nothing in SB 54 precludes the investi gation or enforcement of criminal law, regardless of whether the person suspected of a crime is a U nited States citizen or not. The uniform and effective enforcement of all California laws is of the highest priority to the California Department of Justice. SB 54 enhances, rather than diminishes, the effectuation o[this prio rity by ensuring that California law enforcement agencies are focused on criminal enforcement, rather than immigration enforcement.

Precisely because the Legislature acted within its authority to direct state and local resources under SB 54, the United States Court of Appea ls for the Ninth Circuit in 2019 confirmed that SB 54 is a proper exercise of the State's power under the United States Constitution and rejecte d the federal government's challenge to its implementat ion. (United States v. California, 921 F .3d 865, 886 -93 (9th Cir. 2019), cert. denied, 141 S.Ct. 124 (2020) .) And the California Court of Appeal upheld the cons titutionality of SB 54's application to charter cities such as El Cajon, finding that SB 54 addresses matters of statew ide concern, is reasonably related to resolution of those statewide concerns, and is narrow ly tailored to avoid unnecessary interference in local govern ment. (City of Huntington Beach v. Becerra, 44 Cal.Ap p.5th 243, 269-81 (2020), rev. denied (April I, 2020).) These precedential court opinions provide clarity that SB 54 is a constitutional exercise of the Legislature's authority to direct the use of state and local resources and that El Cajon required to comply with SB 54.

For your reference , please see attached Law Enforcemen t Information Bulletin No . DLE- 2025-03 , "Updated Responsibilitie s of Law Enforcement Age ncies Under the California Values Act, California TRUST Act, and the California TRUTH Act," which should assist in further clarifying your roles and responsib ilities under SB 54.

EXHIBIT "B"

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TI1e Hon. Bill Wells
January 19, 2025

Page 2 ends

Further responsive to your request for clarity, the California Department of Justice has published a number of additional resources to assist local government compliance with SB 54, and to provide members of the public in your jurisdiction s with a better understandin g of their rights under California law. These include:
• California Justice Infom1ation Services Bulletin No. 2025-01-CJIS, "Updated California Values Act's Database Guidance," available at https://oag. ca.gov/system/files/attaclunents/press-docs/CJIS-01-25. pdf • California Justice Info1mation Services Bulletin No. 2025-02-CJlS , "Updated California Values Act's Statistical Repo11ing Requirement s," available at https://oag.ca.gov/system/files/attachments/press-docs/25-02-CJIS.pdf • Law Enforcem ent lnformation Bulletin No. DLE-2024-05, "Update to lnformation Bulletin 2020-DLE-Ol: New and Existing State and Federal Laws Protecting Immigrant Victims of Crime," available at:
https://oag.ca.gov/system/files/media/2024-dle-05.pdf
• "Know Your Immigralion Rights and Protection Under the Law," available at:
https://oag.ca.gov /system/files/attaclunents /press
docs/Know%20Your%20Inunigration %20Rights%5B88%5D.pdf
• "Protect Yourself from Immigration Scams," available at:
https://oag.ca.gov/system/file s/attachments/press-
docs/Prot ect %20Yourself%20fro m%20Immigration%20Scams %5B62%5D.pdf • Guidance and Model Policies to Assist California's Superior Courts, available at:
https ://oag.ca.gov /sites/all/files/agweb/pdfs/immigratio1lfcourt.pdf • Guidanc e and Model Policies to Assist California' s Healthcare Facilities, available at: https://oag.ca.gov /sites/all/files/agweb/pdfs/immigra tion/healthcare g11idance.pdf
• Guidance and Model Policies to Assist California's Colleges and Universities, available at: https://oag.ca.gov /sites/all/file.<;/agweb/pdfs/immigra tion/higher education-guidan ce.pdf
• Guidanc e and Model Policies to Assist California's K-12 Schools , availab le at:
https ://oag.ca. gov /sites/all/files/ agweb/pdfs/bc j/schoo 1-guidance-model-k 12. pdf • Guidanc e and Model Policies to Assist the Division of Labor Standards Enforcement, the Agricultural Labor Relations Board, and the Division of Workers Compensation, available at:
https://oag.ca.gov/sites/all/files/agweb/pdfs/immigration/labor-agency guidance.pdf
• Guidanc e and Model Policies to Assist California's Public Libraries, available at:
https://oag.ca.gov/sites/all/files/agweb/pdfs/immigration/libraries.pdf • Guidance and Model Policies to Assist California Shelters, available at:
https://oag.ca.gov/sites/all/files/agweb/pdfs/immigration/shelter.pdf

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'I11e Hon. Bill Wells
January 19, 2025

Page 3 ends

We hope that you find this inform ation and resources helpful. If you have any additiona l question s or infonnation to share with our office , please do not hesitate to contact me at Michael. [email protected]. gov.

Sincerely,
Michael L. Newman
Senior Assistant Attorn ey Genera l
Civil Rights Enforcement Section
For ROB BONT A
Attorney General

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Rob Bonta , Attorney General
California Department of Justice

DIVISION OF LAW ENFORCEMENT
Stephen Woolery, Chief
Subjecr: No. Contoctfor information:
2025-DLE-03
Updated Responsibilities of Law Enforcement Stephen Woolery , Chief Agencies Unde r the California Values Act, California - Do- t-e.-· -------1 Division of Law Enforcement TRUST Act, and the California TRUTH Act (916) 210-6300
01/17/2025
TO: EXECUTIVES OF STATE AND LOCAL LAW ENFORCEMENT AGENCIES This bul letin updates and supersedes Information Bulletin 2018-DLE-01, issued on March 28, 2018 titled "Responsibilities of Law Enforcement Agencies Under the California Values Act, California TRUST Act, and the California TRUTH Act." The Values Act (Senate Bill 54, codified at Gov. Code,§§ 7284, 7284.2, 7284.4, 7284.6, 7284.10, and 7284.12) made significant changes to California's Transparency and Responsibility Using State Tools (TRUST) Act (Gov. Code,§§ 7282 and 7282.5) and repealed Health and Safety Code section 11369.

Toget her, these provisions define the parameters under which state and local law enforcemen t agencies may engage in immigration enforcement-related activities.

The Transparent Review of Unjust Transfers and Holds (TRUTH) Act, Government Code sections 7283, 7283.1, 7283.2, effect ive January 1, 2017, created mandatory notice and procedural protections for indiv iduals in the custody of local law enforcement agencies should federal immigration officers wish to contact them . This bulletin also provides guidance regarding local law enforcement agencies' obligations under the TRUTH Act, including simi lar provis ions within the Values Act that apply to the California Department of Corrections and Rehabilitat ion (CDCR).

This bul letin does not provide guidance on the reporting obligations of law enforcement agencies to the California Department of Justice with respect to the activities of joint law enforcement task forces and transfers of individua ls to immigration author ities; these reporting requirements are set forth in a separate updated info rmation bullet in entitled "Updated California Values Act's Statistical Reporting Requirements (25- 02-CJIS)."

SUMMARY
I. Amendments to the TRUST Act
The TRUST Act previously described the circumstances under which a local California law enforcement agency could detain an individual past t heir schedu led release in response to a hold request from immigration authorities. As amended by SB 54, the TRUST Act no longer addresses detentions in response to hold requests because t he Values Act prohibits such detentions. The TRUST Act, as amended by SB 54, now describes the circumstances under which a California law enforcemen t agency can respond to transfer and notification requests from immigrat ion authorities.

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II. Overv iew of the Values Act (SB 54)
In enacting the Values Act, the Legislature made clea r in its findings that immigrants are valuab le and essential members of the California community. The Legislature further determined that "a relationship of t rust between California's immigrant community and state an d local agencies is central to the public safety of the people of California." (Gov. Code,§ 7284 .2). Thus, the core purpose of the Values Act is to ensure effective po licing and to protect the safety, well-being, and const itut ional rights of the people of California . (Ibid.)
The Values Act does the following:

1. Sets the parameters under which California state and local law enforcement agenc ies (excluding the CDCR) may engage in "immigration enforcement," as defined, and requires certain information about joint law enforcement task forces and t ransfers of individuals to immigration authorities to be reported to the California Department of Justice.

2. Requires the CDCR to provide individuals in its custody with information about their legal rights should federal immigration officers request to make contact with them, similar to the requirements of the TRUTH Act (Gov. Code,§ 7283 et seq.), which applies to loca l law enforcemen t agencies.

3. Requires the Attorney General's Office to issue model policies, to be adopted by public schoo ls, state or locally operated health facilities, courthouses and other enumerated state and local facilities, that limit assis tance with immigration enforcement to the fullest extent possible consistent with tedera l and state law. -1 he Attorney C:ieneral's Oftice issued these guidelines in 2018 and issued updated guidance in December 2024 availa ble at https://oag.ca.gov/publicat ions.

It should be noted that the Values Act defines many terms, some of which may seem familiar to law enforcement officers, but have specia l meaning within the context of the Values Act. For example, the Values Act defines "California law enforcement agency" as "a state or local law enforcement agency, including school police or security de partments." (Gov. Code,§ 7284.4, subd. (a).) This term , however, does not include the CDCR. (Ibid.) Therefore, the provisions of Government Code sect ions 7284.6 and 7284.8 of the Values Act do not apply to the CDCR.

Further, the Values Act defines "immigration enforcement" as "any and all efforts to investigate, enforce, or assist in the invest igation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any fede ral criminal immigra t ion law that penalizes a person's presence in, entry, or reentry to, or employment in, the United States." (Gov. Code, § 7284.4, subd. (f).) And, under the Values Act, a "judicial warran t" means "a warrant based upon probable cause for a violation of federal criminal immigration law and issued by a federal judge or a federal magistrate judge that authorizes a law enforcement officer to arrest and take into custody the person who is the subject of the warrant." (Gov. Code,§ 7284.4, subd. (i), emphasis added.) While this bulletin points out a few of the relevant definitions, individual agencies should review the law to ensure full understanding of a ll the key terms in the Values Act.

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Ill. The Valu es Act Limit s the Discretion of Californi a Law Enforcement Agencies to Participate in Immigration -Related Activities in the Follow ing W ays:

1. Prohibits use of resources to investigate, interrogate, detain, detect, or arrest persons for immigration enforcemen t purpo ses, includin g:
a. Inquiring into an individual's immigration status; 1 b. Detaining an individual in response to a hold request;2 c. Providing personal information, as defined in Civil Code section 1798.3, including home or work addresses, unless this information is "available to the public." For purposes of t his prohibition, "perso nal information" means "any information that is maintained by an agency tha t identifies or describes an individual, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It includes statements made by, or attri buted to, the individual." (Civ. Code,§ 1798.3, subd. (a).)
Although not expressly defined in t he act, the phrase "avai lable to the public" refers to information where a law enforcement agency has a practice or policy of making such information public, such as disclosing the information on its website. Law enforcemen t agencies shou ld, in addition to ensuring compliance with the Values Act, take care to ensure that they com ply with appl icable state or federal privacy laws.

However, there is an important except ion to this limitation on providing persona l information:
federa l law (8 U.S.C. §§ 1373, 1644) prohibits restrictions on the exchange of information regarding a person's citizenship or immigration status, and all California law enfo rcement agencies shoul d comply with these laws.
1 This provision does not prohibit inquiries into an individua l's immigration status to immigration autho rities, or exchanging immigration status information with any other federa l, state, or local government entity, pursuant to 8 U.5.C. §§ 1373 and 1644. (See Gov. Code, § 7284.6, subd . (e).)
2 "Hold request'' means a request by any immigration authority tha t a local law enforcement agency maintain custody of an individual currently in its custody beyond the time he or she would otherwise be eligible for release in order to facilitate transfer to an immigration authority. (Gov. Code, §§ 7283, subd. (b); 7284.4, subd. (e).) "Notification request" means a request by any immig ration authority that a local law enforcement agency inform an immigrat ion autho rity of the release date and time in advance of the public of an ind ividual in its custody. (Gov. Code,§§ 7283, subd. (f); 7284.4, subd. (e).)
"Transfer request'' means a request by any immigration authority that a local law enforcement agency facilitate the transfer of an individual in its custody to an immigration authority. (Gov. Code,§§ 7283, subd. (g); 7284.4 , subd. (e).) Hold, notification , and transfer reque sts include reque sts issued by U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection as well as any other immigration author ities. (Gov. Code,§ 7284 .4, subd. (e).) "Immigration autho rity" means any federa l, state, or local officer, employee or person performing immigration enforcement funct ions. (Gov.

Code,§ 7284.4, subd. (c).)

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d. Making or participating in arrests based on "civil immigration warrants," which means any warrant for a violation of federal civil immigration law and includes civil immigration warrants entered in the National Crime Information Cente r database; and e. Assisting immigration authori t ies in immigration enforcement act ivities at the United States borders, as described in 8 U.S.C. § 1357(a)(3), or performing the functions of an immigration officer whether informally or formally, through an 8 U.S.C. § 1357(g) agreement or any other law, regulation or policy .

2. California law enforcement agencies cannot honor transfer and notification requests or provide information regarding a person's release date except in certain circumstances:

California law enforcement agencies are never required to respond to transfer or notification requests -- under the Values Act they retain the discretion to decline these requests for any reason. (Gov. Code, § 7282. 5, subd. (a).) Thus, law enforcement agencies may honor transfer and notification requests as specified in the Values Act as follows:
a. Transfer Requests: Responding to transfer requests is permitted only if:
i. The transfer is authorized by a judicial warrant, as defined by Government Code section 7282.4, subdivision (i), or a judicia l probab le cause determination, as defined by Government Code section 7282.4, subdivision (h), regarding a violation of federal criminal immigration law;
or
ii. Where the transfer would not otherw ise violate any federal, state, or local law, or local policy, and the individual in custody meets any one of the condit ions set forth in the TRUST Act, Government Code section 7282.5, subdivision (a). These qualify ing conditions are:
1) The individual has been convicted at any time of a serious or violent felony, as defined in Penal Code section 1192.7, subdivis ion (c), or Penal Code section 667.5, subdivision (c).
2) The ind ividual has been convict ed at any time of a felony that is presently punishable by imprisonment in state prison.
3) The individual was convicted within the past 15 years of a felony listed in Government Code section 7282. 5, subdivision (a)(3), or within the past five years of a wobbler (i.e., a crime punishable as either a felony or a misdemeanor) listed in Government Code section 7282.5, subdivision (a)(3). 4) The individual is a cur rent registrant on the California Sex and Arson Registry.

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5) The individual has been convicted of certain specified federal aggravated felonies identified in section 101(a)(43)(A)-(P) of the federal Immig ration and Nationality Act (8 U.S.C. § 1101(a)(43)(A)-(P)).
6) The United States Department of Homeland Security's Immigration and Customs Enforcement (ICE) identifies the person as the subject of an outstanding federal felon y arrest warrant for any federal crime.

Furthermore, if a law enforcement agency does transfer an individua l to immigration authorities, Government Code section 7284.6, subdivision (c)(2) requires the agency to report to the California Department of Justice the number of transfers it makes in a calendar year, as well as the offense that allowed for the transfer. For more information regarding these reporting obligations, please see Informat ion Bulletin 25-0 1-CJIS (Updated California Values Act's Statistical Reporting Requirements).
b. Notification Requests: Providing information regarding a person's release date or responding to notification requests from immigration authorities by providing an individual's release date or other information is permitted only if:
i. The information is available to the public;
or
ii. The individual is subject to (1) the qualifying conditions in the TRUST Act, Government Code section 7282.5, subdivision (a) described above with respect to transfer requests; or (2) the individual has been arrested and taken before a magist rate judge on the following types of charges, and the magistrate makes a probable cause determination (Pen. Code,§ 872) for the charge: (i) a serious or violent felony (Pen. Code,§§ 1192.7, subd . (c) or 667.5, subd . (c)); or (ii) a felony that is punishable by imprisonment in state prison . (Gov. Code,§ 7282.5, subd . (b)).

A conviction for a straight misdemeanor, i.e., a crime that is presently punishab le only as a misdemeanor, is not list ed in section 7285, subd ivision (a), and therefore is not a valid justification for honoring a transfer or notification request. And misdemeanor convic t ions for crimes affected by Proposition 47 (2014), the "Safe Neighbo rhoods and Schools Act," including felony convictions that were reduced to misdemeanors or re-designated as misdemeanors by a court as a result of Proposition 47, cannot serve as the basis for transfers or providing release date information to immigration authorities. (Gov. Code,§ 7285.5, subd. (a)(6)). The crimes affected by Proposit ion 47 include, among others, simple drug possession for personal use, shoplifting, forgery, writing bad check, petty theft, and rece iving stolen property. However, misdemeanor crimes that were reclassified as felonies under Proposit ion 36, are subject to the transfer provisions of Gov. Code,§ 7285.5, subd. (a)(2).

Before honoring a transfer or notification request on the basis of a qualifying convi ction, California law enforcement agencies should carefully review an individual's Record of Arrests

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and Prosecutions to determine whether a list ed felony convict io n was reduced to a misdemeanor, or re-designated as a misdemeanor, by a court under Proposition 47. If so, cooperation with immigration authori t ies is prohibited, unless there is another valid basis for cooperation (for transfers, a judic ial warrant; for notificat ions, if the info rmatio n is publicly available).

3. Other Restrictions on Immigration Enforcement
California law enfo rcement agencies may not (1) allow officers t o be superv ised by federal agencies or deputized for immigra t ion enforcement purposes; (2) use immigration authorities as interpreters for law enforcement matters relating to individuals in custody; (3) provide office space exclusively for immigration authorities in city or county law enforcement facilities; or (4) enter into a contract, after June 15, 2017, with the federal government t o house or detain adult and minor noncitizens in a locked detention facility for purposes of immigration custody; agencies with existing federal contracts cannot renew or modify t he contrac t if doing so would expand t he number of contra ct beds availab le t o detain noncitizens for purposes of civil immigrat ion custody. (Gov. Code,§§ 7284.6, subds. (a)(2), (3), 7310, 7311)
IV. If agency policy or local law or policy permit, a California law enforcement agency has discret ion, but is not required, to perform the following immigration enforcement activities:

1. Investigate , enforce , det ain persons upon reasonable suspicion of, or arrest , persons for viol ation of 8 U.S.C. § 1326(a), the federal crimina l violation for reent ry by a noncitizen after removal , but only if the individual was removed because of an aggravated felony conviction unde r 8 U.S.C. § 1326(b )(2) and the suspected violation was dete cted during an unrelated law enfor cement activity.

This is the one limited circumstance in which the Value Act permits a law enforcement offic ial to exercise their discretion to arrest or assist in the arrest of a person for a federal immigrati on law violation. Transfers of these ind ividuals to immigration authorities are subject to the above rest rictions regarding transfers .

2. Provide individual crimi nal history in response to a request from imm igrat ion autho rit ies about a specific person's criminal history , including informat ion obtained from CLETs or similar local databases, as long as it is otherwise permitted by state law.

3. Participate in a joint law enforcement task force , including the sharing of confidential information with task force part icipants, if all of the following conditions are met:
a. The task force's prima ry purpose is not immigration enfo rcement; b. Enforcement o r invest igative duties are primar ily related to violations of state or federa l law unrelated to immigrat ion enfo rcement; and
c. The local law o r policy that the agency is subject to permits such participation.

Noth ing in the Values Act proh ibits a California law enforcement agency from assert ing its own

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jurisdiction over crim inal law enforcement matters, i.e., engaging in an investigation, detention or arrest for criminal activities based upon California stat e law, even when its act ivities may indirectly impact or assist a federal agency that is engaged in immigrat ion enforcement as part of a joint task force or otherw ise. (Gov. Code, § 7284.6, subd. (f).) This includes circums tances in which an officer is responding to a call for service involving a violat ion of a state crim inal law or during an immigration enforcement action where the safety of the public or a law enforcement office r, including an immigration enforcemen t officer, is in danger. This narrow public safety exception should not be used t o avoid the prohibit ions in the Values Act on using state resources to conduct immigration enforcement.

If a California law enforcement agency has agreed to dedicate personne l or resources on an ongoing basis t o a task force, it must report the information set forth in Government Code section 7284.6 subdivision (c)(l) concerning the activit ies of the task force to the Department of Justice, as explained in Informatio n Bulletin 25-01-CJIS (Updated Californ ia Values Act's Statistical Reporting Requirements) .3

4. Ask for information necessary to certify potentia l vict ims of crime or human tra fficking with respect to T-visas and U-visas (8 U.S.C. §§ llOl(a)(lS)(T) and llOl(a)(lS)(U)), 4 or to comp ly with 18 U.S.C. § 922(d)(S), which prohibits the sale or disposition of firearms or ammunition to a person who law enforcement knows or has reasonab le cause to believe is not lawfu lly present in the United States.

California Penal Code sections 679.10 and 679.11 mandate that certifying state and local agencies submit cert ificat ions for T- or U-Visa applicants when certain conditions are met. Certifying law enforcement agencies are prohi bited from disclosing the immigration status information of a victim or person request ing T- or U-visa certification forms except to comply with federal law or legal process, or if aut horized by the victim. For guidan ce regarding law enforcement agencies' obligations under California Penal Code section 679.10 with respe ct to U-Visas, see the Update to the Information Bulletin by California Department of Justice Division of l aw Enforcement , dated Apri l 3, 2024, avai lable at 2024 -DlE-05 Information Bulletin .

5. Provide ICE with access to interview an individual in custody, if the agency gives the notices requi red by the TRUTH Act (Gov. Code,§ 7283 et seq.). local law or pol icy, or agency policy, may be more restrictive than the Values Act. Agencies should determine whether , even if the Values Act permits assistance in immigration enforcement related activities , the agency's policy or local law or poli cies prohibit such activities. Further, if a part icular activity is prohibited by the agency or t he agency's jurisdiction , the agency must compl y with the more restrictive conditions of t he agency or jurisdiction so long as the local law or policy comp lies with 8 U .S.C. §§ 1373 and 1644, governing restrict ions on the exchange of a perso n's immigrat ion and citizen ship status with government offic ials.
3 An "ongoing basis" means more than one interact ion with any federal, state, or local LEA on a task force to discuss task force operations. Accord ingly, isolated inte ractions with a federal law enforcemen t agency are not subject t o these reporti ng requirements because t he Californ ia LEA did not dedicate personnel or resources to the task force on more than one occasion. • The Victims of Trafficking and Violence Prevent ion Act (VTVPA) of 2000 is a federal law that, among other things, provides temporary immigration benefits to individuals without immigration status who are victi ms of specified qualifying crimes including human traffi cking. (VTVPA, Pub. L. No. 106-386, 114 Stat. 1464-1548 (2000).)

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In addition, if officers are working in a school district pursuant to a memorandum of understanding (MOU) between the law enforcement agency and the district and the MOU provides for greater prot ections or limitations than those mandated under SB 54, the officer must adhere to the requirements of the MOU, even if that MOU conflicts with agency policy with respect to immigrat ion enforcement matters, so long as the MOU complies with 8 U.S.C. §§ 1373 and 1644.

V. Additional Law Enforcement Activity Under the Values Act

1. The Values Act does not prohibit a law enforcement agency from exchanging information regarding a person's immigration status with governmental entities, including immigration authorities, for requests made under 8 U.S.C. § 1373 and 8 U.S.C. § 1644. Under those federal stat utes, law enforcement officers must be allowed to:
a. Send to, or receive from, federal immigration authorities, information regarding the citizenship or immigration status, whether lawful or unlawful, of any individual ; b. Request informat ion from federal immigration authorities regarding any individual's immigration status, whether lawful or unlawful; and
c. Maintain or exchange information regarding the immigration status of any indiv idual with other governmental entities

2. The Ninth Circuit has narrowly constru ed this information-sharing requiremen t to apply only to a person's legal classification under federal law and not to include information like release dates and addresses. (United States v. California, 921 F.3d 865, 891 (9th Cir. 2019) . See also United States v.

California, 314 F. Supp. 3d 1077, 1102 (E.D. Cal. 2018) ("[T]he plain meaning of Section 1373 limits its reach to information strictly pertaining to immigration status (i.e. what one's immigration status is) and does not include information like release dates and addresses."), which was quoted approvingly in U.S. v. California, supra, 921 F.3d at 891, and City & Cy of San Francisco v. Barr, 965 F.3d 753, 763 (9th Cir. 2020), 2020).

VI. The Requirem ents of the TRUTH Act
The TRUTH Act, Government Code sections 7283, 7283.1, 7283.2, provides individuals who are in the custody of local law enforcement agencies with information about their procedural and legal rights should ICE wish to contact them. ("Local law enforcement agency" for purposes of the TRUTH Act refers to any agency of a city, count y, city and county , special district, or other pol itical subdivision of the state that is authorized to enforce crimina l statutes, regulations, or local ordinances; or to operate jails or to maintain custody of individuals in jails; or to operate juvenile detention facil ities or to maintain custody of individuals in juvenile detention facilities; or t o monitor compliance with proba t ion or parole condit ions" (Gov. Code, §7283, subd. (e).)
Specifically, the statute requires :

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1. Before any interview between ICE and an individual in custody of a local law enforcement agency regarding civil immigration violations, the local law enforcement entity shall provide the individua l with a written consent form, s that explains all of the following:
a. The purpose of the interview;
b. That the interview is voluntary; and
c. That the individual may decline the interview or may choose to be interviewed with only their attorney present. (Gov. Code,§ 7283.1, subd . (a).)

2. Upon receiving any ICE hold, notification, or transfer request, the local law enforcement agency shall:
a. Provide a copy of the request to the individual; and b. Inform the indivi dual whether the law enforcement agency intends to comp ly with the request. (Gov. Code, § 7283.1, subd. (b.)
c. With respect to ICE hold requests, the Values Act requires that the LEA may not hold an ind ividual past the time that he or she normally would be released. (Gov. Code, § 7284.6, subd. (a)(l)(B).)

3. If a local law enforcement agency chooses to prov ide ICE with notification that an individual will be released from custody on a certain date, the local law enforcement agency must promptly provi de the same notification in writing to the individual and to his or her attorney or other person designated by the individual being held. (Gov. Code, § 7283.1, subd. (b).)

4. All records relating to ICE access provided by local law enforcement agencies, including all communication with ICE, shall be public records for purposes of the California Public Records Act (Chapter 3.5 (commencing with Government Code section 7920.000)), including the exemptions provided by that Act. The TRUTH Act explicitly provides that personal identifying information may be redacted prior to public disclosure as provided under the California Public Records Act. When responding to such requests, law enforcement agencies shou ld therefore keep in mind California 's privacy laws and all applicable exemptions under the California Public Records Act that protect such personal information from disclosure. 6 (Gov. Code, § 7283.1, subd. (c).) 5 The local law enforcement agency is required to make the written consent form available in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean, and any additiona l languages that meet the county thresho ld as defined in Health and Safety Code section 128552, subdivision (d), if cert ifie d translations in those languages are made available to the local law enforcement agency at no cost. In keeping with the spirit of the law to advise indivi dua ls of their rights, a local law enforcement agency should not pre popu late or presuppose the responses in the consent form. 6 Records relating to ICE access as provided in the TRUTH Act include, but are not limited to, data maintained by the local law enforcement agency regard ing the number and demograph ic characte ristics of individuals to whom the agency has provided ICE access, the date ICE access was prov ided, and whether the ICE access was prov ided through a hold, transfe r, or notif ication request or through other means. (Gov. Code, § 7283 .1, subd. (c).)

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5. Beginning January 1, 2018, the local governing body of any county, city, or city and county in which a local law enforcement agency has provided ICE access to an individual during the last year is required to hold at least one community forum open to the public during the following year. (Gov.

Code,§ 7283.1, subd. (d).)
VII. The Values Act Requires State Prisons Provide Similar Information Required by the TRUTH Act The Values Act requires CDCR to provide an individual in custody with a written consen t form and other notifications before allowing an inte rview between ICE and the individual regarding civil immigrat ion violations. Specifically, this form must explain the purpose of the interview, that the interview is voluntary, and that the individual may decline to be interviewed or may choose to be interviewed only with their attorney present. The consent form must be available in English, Spanish, Chinese, Tagalong, Vietnamese and Korean. The CDCR must also give a copy of an ICE hold, notification, or transfer request to the individu al and inform the person whether the agency or CDCR intends to comply with the request. (Gov. Code,§ 7284.10.) In addition, CDCR cannot restrict access to certain opportunities based solely on an individua l's citizenship or imm igration status (Gov. Code,§ 7284.10, subd. (b)(l)), and cannot consider citizenship or immigration status in determining an individual's custodial classification level. (Gov. Code, § 7284.10, subd. (b)(2).)
VIII. Repeal of Health and Safety Code section 11369
The Values Act also repeals Health and Safety Code section 11369, which required an arresting law enforcement agency to notify the appropriate federal agency if it believed that a person arrested for certa in drug violations may not be a United States citizen.

City Council
Agenda Report
Agenda Item 10.

DATE: January 28, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Graham Mitchell, City Manager
SUBJECT: Prohibition of Vaping and Electronic Smoking Devices Disguised as Other Products
RECOMMENDATION:

That the City Council:

Reviews a draft Ordinance that prohibits vaping and electronic smoking devices disguised as other products; and

1. Provides feedback on the draft Ordinance.2.

BACKGROUND:

On December 10, 2024, the City Council considered a proposal by Councilmembers Kendrick and Goble regarding the sale of vaping devices disguised as other products. The City Council directed staff to draft an ordinance prohibiting the sale of such devices in the City and to survey local retailers to assess the availability of these products.

Staff surveyed seven tobacco retailers in the City and identified two selling disguised vaping devices, specifically Penjamin Cart Pens. These pens function as both writing tools and vaping devices, making them difficult to detect. A demonstration of their functionality is available in the following video: "This 510 cart battery is a real writing pen!" .

Staff prepared a draft ordinance that would prohibit the sale of disguised vaping devices in the City. Similar regulations have been adopted in states such as New York and Illinois and cities such as New York City, San Francisco, and Boulder, which prohibit the sale of vaping devices disguised as common items like school supplies, pens, or USB drives. In summary, the draft ordinance would add a new section to Chapter 8.33 that prohibits the sale of these devices, defines the violation, and establishes a penalty for the violation.

Staff seeks City Council feedback and will prepare a final ordinance for consideration of a first reading at a subsequent meeting.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

Discussion and City Council feedback 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.
.!!!!_ Valley of Opportunity
FISCAL IMPACT:

None.

Prepared By: Graham Mitchell, City Manager
Reviewed By: Morgan Foley, City Attorney
Approved By: Graham Mitchell, City Manager
Attachments
Ordinance

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ORDINANCE NO. ___

AN ORDINANCE PROHIBITING THE SALE OF VAPING DEVICES DISGUISED AS OTHER PRODUCTS BY AMENDING SECTIONS 8.33.050 AND 8.33.090 OF CHAPTER 8.33 OF TITLE 8 OF THE EL CAJON MUNICIPAL CODE RELATING

TO REGULATION OF LICENSURE OF TOBACCO RETAILERS

WHEREAS, the City Council of the City of El Cajon recognizes that there are public health risks associated with vaping devices. Vaping devices that are designed to resemble everyday products such as pens, markers, USB drives, hoodies, and other non- tobacco-related items are targeted to facilitating youth access and misuse of harmful tobacco products; and

WHEREAS, this deceptive marketing and production design contributes to increased youth usage of vaping devices and poses a health challenge; and

WHEREAS, deceptive marketing and product design contribute to increased youth usage of vaping devices and pose enforcement challenges for schools and parents; and

WHEREAS, the City Council has determined that the marketing and sale of such non-tobacco related items can easily evade discovery when retailers can falsely display such devices as common items of clothing, sundry househol d and office equipment devices.

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

SECTION 1. A new subsection (D) is hereby added to section 8.33.050 of Chapter

8.33 of Title 8 of the El Cajon Municipal Code to read as follows:

D. It shall be unlawful for any tobacco retailer to sell, permit to be sold, offer for sale, or display for sale or distribution whether on-site or off- site, any vaping or electronic smoking device that is disguised as another product, including, but not limited to, a pen, markers, stapler, eraser, pencil , USB drive, watch, hoodies, beverage container, or any ot her item not traditionally associated with tobacco or vaping products, within the city limits.

1. Upon discovery that a tobacco retailer possesses, stores, owns, or offers for sale vaping or electronic smoking devices prohibited by this subsection, authorized personnel from the department or police department may seize the prohibited products and hold seized items as evidence in the prosecution of violations.

2. The possession of six (6) or more vaping or electronic smoking devices prohibited under this subsection at a single tobacco retailer location shall create a rebuttal presumption

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that the devices were intended for sale or distribution.

3. In addition to any other penalty authorized by law, a violation of this sub section shall be subject to a $2,500 fine and the revocation of the Tobacco Retailers License, following notice and an opportunity to be heard. Violations of this subsection are not subject to the escalating penalty structure outlined in subsections (A) (1), (2), (3), and (4) of section 8.33.090 for general license violations.

SECTION 2. Paragraphs (1), (2), (3), and (4) of subsection (A) of section 8.33.090 of Chapter 8.33 of the El Cajon Municipal Code are hereby repealed.

SECTION 3. Paragraphs (1), (2), (3), and (4) are hereby added to subsection (A) of section 8.33.090 of Chapter 8.33 of Title 8 of the El Cajon Municipal Code to read as follows:

1. Except as otherwise provided in subsection (D) of section

8.33.050, upon a finding by the departmen t of a first license violation within any thirty -six month period, the tobacco retailer shall pay an administrative fine in the amount of two thousand five hundred dollars. The city may also conduct up to two compliance checks within twelve months of the f irst violation.

2. Except as otherwise provided in subsection (D) of section

8.33.050, upon a finding by the department of a second
license violation within any thirty -six-month period, the tobacco retailer shall pay an administrative fine in the amount of two thousand five hundred dollars and the license shall be suspended for sixty days. The city may also conduct up to two compliance checks within twelve months of the second
violation.

3. Except as otherwise provided in subsection (D) of section

8.33.050, upon a finding by the department of a third license violation within any thirty -six month period, the tobacco retailer shall pay an administrative fine in the amount of two thousand five hundred dollars and the license shall be
suspended for one hundr ed twenty days. The city may also conduct up to two compliance checks within twelve months of the third violation.

4. Except as otherwise provided in subsection (D) of section

8.33.050, upon a finding by the department of a fourth license violation within any thirty -six month period, the license shall be revoked, and the tobacco retailer shall pay an
administrative fine in the amount of two thousand five hundred

Page 3 of 3 ends

dollars. Further, the proprietor or proprietors who had been issued the license shall never again be issued a tobacco retailer's license pursuant to this chapter.

SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more of the sections subsections, sentences, clauses or phrases may be declared invalid.

SECTION 5. This ordinance shall become effective thirty (30) days following i ts passage and adoption.

Ord – Amend 8.33 - Vaping Devices 010925

City Council
Agenda Report
Agenda Item 11.

DATE: January 28, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Yazmin Arellano, Director of Engineering Services SUBJECT: All-Way Stop Sign on Peach Avenue at Grape Street RECOMMENDATION:

BACKGROUND:

Engineering Services periodically receives requests to investigate the need for additional regulatory signs on City streets. Nearby residents have submitted a request to install permanent all-way stop signs on Peach Avenue at Grape Street. These residents have expressed concern about vehicles traveling at excessive speeds on Peach Avenue, and elementary school-age pedestrians crossing this street on the way to Bostonia Global-Broadway campus school.

Existing Conditions
Peach Avenue is an east-west residential “collector” street that extends from North Second Street to North Third Street. Vehicles often use this street as a bypass to Broadway in order to avoid the traffic lights. Peach Avenue has a residential speed limit of 25 miles per hour based on the California Vehicle Code Section 40802, which limit is a "prima facie” requirement.

Existing “Stop” signs are posted on Grape Street with no stop signs on Peach Avenue.

Approximately 7,100 vehicles per day travel through this intersection.

The intersection corner sight distance was measured to determine if a vehicle traveling from Grape Street has adequate sight distance to safely enter onto Peach Avenue. Based on the Caltrans Highway Design Manual, the minimum corner sight distance of 280 feet is desirable for a street with a posted speed limit of 25 miles per hour. The field investigation revealed that the available corner sight distance (200 feet) is less than the desirable requirement. Research of City records revealed that two (2) collisions have occurred at this intersection in the past five (5) years.

All-Way Stop Sign Analysis on Peach Avenue and Grape Street The City of El Cajon follows the California Manual on Uniform Traffic Control (CAMUTCD) guidelines and uses a “point” system developed by the City of San Diego to evaluate the need for the installation of all-way stop signs. Existing site conditions, traffic volumes, site distance obstructions, proximity to schools, and accident history are criteria used to determine the need .!!!!_ Valley of opportunity
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for all-way stops at intersections. A minimum of 30 points out of 50 is typically required to recommend the installation of all-way stop signs. The data collected at this intersection revealed that a total of 22 points were tallied at this location.

Conclusion
All-way stop signs are a traffic-calming measure that helps reduce speeds and facilitate the movement of pedestrians and traffic flow in the vicinity of intersections like Peach Avenue at Grape Street. Based on the less than desirable corner sight distance at this intersection, staff recommends that the City Council approve the installation of stop signs on Peach Avenue at Grape Street given its proximity to the Bostonia Global-Broadway campus school.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The project is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines section 15301(c) because it involves minor alterations to existing public facilities, including public safety enhancements and stop signs.

FISCAL IMPACT:

Approximately $2,500 for the installation of all-way "stop" and "stop ahead" signs, and pavement legends, etc. This cost is budgeted, and contracted, in the Fiscal Year 2024-25 Traffic Safety Calming (233790PWCP) project.

Prepared By: Mario Sanchez, City Engineer
Reviewed By: Yazmin Arellano, Director of Engineering Services Approved By: Graham Mitchell, City Manager
Attachments
Resolution
Attachments

Page 1 of 2 ends

RESOLUTION NO. ___-25

RESOLUTION TO ESTABLISH ALL-WAY STOP SIGNS

ON PEACH AVENUE AT GRAPE STREET TO

ENHANCE PEDESTRIAN AND TRAFFIC SAFETY

WHEREAS, the City Council recognizes that the health, safety, and welfare of the residents of the City of El Cajon ( "City") is vitally important, and that from time to time vehicular traffic control measures, including additional regulatory signs, are necessary to protect pedestrian traffic along and across public roads; and

WHEREAS, residents have expressed concern about vehicles traveling at excessive speeds on Peach Avenue and elementary school-age pedestrians crossing the street on the way to Bostonia Global -Broadway Campus school, and have submitted a request to install permanent all-way stop signs at the intersection of Peach Avenue and Grape Street; and

WHEREAS, Peach Avenue is an east -west residential "collector" street that extends from North Second Street to North Third Street , with a posted speed limit of 25 miles per hour in accordance with California Vehicle Code section 40802, which limit is a "prima facie" requirement, and drivers often use this street as a bypass to Broadway in order to avoid traffic lights; and

WHEREAS, existing stop signs are posted on Grape Street with no stop signs on Peach Avenue, and approximately 7,100 vehicles travel through that intersection each day; and

WHEREAS, based on the Caltrans Highway Design Manual, the minimum corner sight distance of 280 feet is desirable for a street with a posted speed limit of 25 miles per hour, and when measured, the field investigation revealed that the available corner sight distance of 200 feet for a vehicle traveling from Grape Street onto Peach Avenue is less than the desirable requirement; and

WHEREAS, the City follows the California Manual on Uniform Traffic Control Devices guidelines and uses a "point" system developed by the City of San Diego to evaluate the need for the installation of all-way stop signs where existing site conditions, traffic volumes, site distance obstructions, proximity to schools, and accident history are criteria used in the determination of all-way stops at intersections; and

WHEREAS, a minimum of 30 points out of 50 is typically required for the installation of all-way stop signs, and the results of the data collected revealed that a total of 22 points were tallied at this intersection; and

WHEREAS, research of City records revealed that two collisions have occurred at this intersection during the past five years; and

WHEREAS, the fiscal impact for the installation of all-way stop signs, stop ahead signs, pavement legends, etc. is approximately $2 ,500.00, and sufficient funds are budgeted in the Fiscal Year 2024-25 Traffic Safety Calming Budget; and

Page 2 of 2 ends

WHEREAS, t he project is exempt from environmental review under California Environmental Quality Act ( "CEQA") Guidelines section 15301(c), as it involves minor alterations to e xisting public facilities, including public safety enhancements and stop signs.

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

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

2. The City Council finds that this project is exempt from environmental review under CEQA Guidelines section 15301(c), as it involves minor alterations to existing public facilities, including public safety enhancements and stop signs.

3. The City Council hereby approves the installation of all -way stop signs on Peach Avenue at Grape Street as a traffic-calming measure in order to enhance pedestrian and traffic safety, and facilitate pedestrian and traffic flow.

4. The Director of Engineering Services is hereby directed to immediately cause the installation of stop and stop ahead signs, pavement legends, etc. as soon as is reasonably possible.

01/28/25 CC Agenda
Reso – All-Way Stop Signs – Peach Ave at Grape St 012125 All-way Stop Sign Request for
Peach Avenue at Grape Street
(Attachments)

Project Vicinity Map
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Luke Ln
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Budget Inn Global 4D
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Homes
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Diagnostic & Alignmen
Proposed Improvements—Peach Avenue at Grape
Peach Ave

Grape St

Peach Ave

CITY O F EL GA.JO
FOUR-WAY STOP EVAL UATfON
Peach AwJ &ape Si
T,otal Volume · or Peak 4-1-lur Reriod
22 B
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rr:ape st.
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WARRANT UMBER 1: ACOIDBN T HISTORY
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City Council
Agenda Report
Agenda Item 12.

DATE: January 28, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Adam Tronerud, Director of Parks & Recreation
SUBJECT: Veterans Memorial Update
RECOMMENDATION:

That the City Council provides direction on the size, scope, and budget for the new Veterans Memorial.

BACKGROUND:

The current El Cajon Veterans Memorial is located between El Cajon City Hall and The Magnolia, and is the current site for the American Legion Post 303 Veterans Day and Memorial Day ceremonies. In 2023, staff met with various local veteran service organizations and stakeholders to receive feedback on how the current Veterans Memorial serves the veteran community. Local veterans groups and City Council desired to update the Veterans Memorial, and at its September 23, 2023 meeting, the City Council determined that the area in front of the El Cajon Public Safety building would be an ideal location for the future memorial.

In July 2024, artists were invited to submit proposals for a Request for Qualifications (RFQual).

An evaluation committee reviewed each proposal and chose three pre-qualified artists to proceed to the Request for Proposals (RFP) stage.

As part of the presentation, staff will present examples (images and other aspects) of other recently completed Veterans Memorials in California in order to provide context to the size and scope of construction, as well as the estimated costs. The following provide a summary of the sample memorials that staff will present during the presentation of this agenda item.

City of Corona Veterans Memorial
Improvements are planned to the existing Veterans Memorial in Corona, with the construction bid awarded in 2024 and construction planned for 2025. Enhancements include the installation of military flags, a granite monument with the names of fallen soldiers, amphitheater seating, and a stained concrete symbol. The estimated total cost for this project is $561,381.

Elk Grove Regional Veterans Memorial
This memorial has been planned and executed in several phases, with phase one completed in 2019, phase two completed in 2022, and phase three expected completion in 2025. Elements of the memorial include a granite trail, a large bronze colored concrete star, paving, seating, and a .!!!!_ Valley of opportunity
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granite tile wall. The estimated total cost for this project is $340,971.

City of Temecula Fallen Heroes Memorial
The City of Temecula memorial was completed in 2018. Elements of the design include a life-size bronze battlefield cross and bald eagle, 17-ft corten steel tower, bronze seals representing armed service branches, and flagpoles. The total cost for the project was $275,623.

City of Union City Veterans Memorial
Improvements to this memorial were completed in 2017 and feature a granite monument representing military branches, a circle of commemorative pavers, and flagpoles. The granite monument was not included in the cost of the 2017 improvements, which totaled $291,537.

City of San Mateo Fallen Heroes Memorial
The construction of the Fallen Heroes Memorial is estimated to be completed in 2025. Elements of the design include engraved steel columns with artistic representation of a poppy, seating, and engraved concrete and granite flooring. The total cost of this project is estimated at $482,236.

City of Rancho Santa Margarita Veterans Memorial
Design proposals for this Veterans Memorial were approved in 2024, with completion expected in 2025. This design is smaller in scope than other examples, and includes a 12-ft arc with granite plaques representing branches of the military. The proposed budget for this project is $90,000.

Attached to this agenda item are pictures, concept drawings, and budgets/costs of the above memorial examples. Staff requests that the City Council focus on the budget and size of the memorial at this stage, as opposed to any specific design features or design criteria as this will be the focus of the upcoming RFP process.

In order to provide RFP specifications that are in line with the Council’s vision, staff is requesting direction from Council in regard to budget, size, and scope.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

Discussion and City Council feedback 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:

There is no current fiscal impact
Prepared By: Adam Tronerud
Reviewed By: Vince DiMaggio, Assistant City Manager
Approved By: Graham Mitchell, City Manager
Attachments
Veterans Memorial Research
Location Year of
Completion
Scale Budget/Cost Estimated
Cost Today’s
Dollars
Corona Exp: 2025 Similar Scale $561,381 $561,381
Elk Grove 2019-2025 Similar Scale $340,971 $445,000
Temecula 2018 Less Detailed /
Smaller
$275,623 $550,000
Union City 2017 Similar Scale $291,537 $580,000
San Mateo Exp: 2025 Similar Scale $482,236 $482,236
Rancho Santa
Margarita
Exp. 2025/6 Less Detailed /
Smaller
$90,000 $90,000

City of Corona Veterans Memorial
Date of Completion: Bid awarded in 2024, construction expected in 2025.

Features: Enhancements to existing memorial include 50-ft military flags around walkway, granite monument with names of fallen soldiers, amphitheater seating, stained concrete symbol.

Budget/Cost: Improvements total contract amount $561,381 (design consultant $55,427, bid $381,875, labor compliance and staff time $85,892, contingency $38,187) Estimated Cost in Today’s Dollars: $561,381

Option B Modified:

City of Corona

SLANTED GRANITE

MONUMENT
REPLACE WITH 50' POLES
REPLACE WITH 60' POLE
- BENCH
--- --EXISTING PAVERS
- ----WORDS ETCHED IN CONCRETE
- PLANTER WITH WHITE CAMELLIA S
50 ' MILITARY ANNERS
... 19
Elk Grove Regional Veterans Memorial
Date of Completion: 2019 (phase 1), 2022 (phase 2), exp. 2025 (phase 3) Features: granite trail, flagpole, large bronze colored concrete star, concrete paving, benches, paver patio, granite tile wall around patio area Budget/Cost: Estimated total cost $340,971
Estimated Cost in Today’s Dollars: $445,000

GRANITE BLOCK DONOR WAlK
--»-----o- ...... ,..-4'--
• " --..: SEATWAU
J P\AHTINO A.REA mo.

Veterans Memorial Conceptual Plan
Cosumnes Community Services. Department or Par1(s & Recreation . Apm 2010

SO CONCRETE MEMORIAL STARS

COSUMNES
LEGACY

FOUNDATI ON
City of Temecula Fallen Heroes Memorial
Date of Completion: Completed in 2018
Features: Life-size bronze battlefield cross, life-size steel bald eagle, 17-foot corten steel tower, 5 bronze seals representing branches of armed services, partial retaining wall, flagpole.

Budget/Cost: Total cost $275,623
Estimated Cost in Today’s Dollars: $550,000

City of Union City Veterans Memorial
Date of Completion: Completed in 2017
Features: Granite monument representing military branches, a circle of commemorative pavers, and flagpoles.

Budget/Cost: Granite monument not included in cost of improvements. Total cost $291,537.

Estimated Cost in Today’s Dollars: $580,000

City of San Mateo Fallen Heroes Memorial
Date of Completion: Expected completion 2025
Features: Engraved steel columns with artistic representation of a poppy, seating, and engraved concrete and granite flooring
Budget/Cost: Expected cost $482,236
Estimated Cost in Today’s Dollars: $482,236

f ALLEN HEROES MEMORIAL

MATERIALS
IANMA-:O CA
~
~
N-GROU"iO UGHTING
'PHOTO CREDIT,

LA )OLLA ETCHING
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City of Rancho Santa Margarita Veterans Memorial
Date of Completion: Proposals approved 2024, construction expected 2025/6 Features: 12-ft arc with granite plaques representing branches of the military Budget/Cost: Proposed budget $90,000
Estimated Cost in Today’s Dollars: $90,000

FOLLOWING DESIGN

OF ENTRY MONUMENT

IN PARKING LOT AREA
BASIC DESIGN:

ARCHED WALL

16.0 FEET

9.0 FEET TYP. 2-PLCS 12.0 FEET

26.0 FEET

TOP VIEW OF PROPOSED CEMENT PAD

12.0 FEET

SUGGEST THIS MONUMENT, AS SHOWN ABOVE, SIT ON ITS OWN CEMENT PAD, FACED OFF WITH STONE AS SHOWN IN THE PARKING LOT MONUMENT.

ARC-SHAPED MONUMENT
18" X 24" GRANITE PLAQUES
WITH 14" DIAMETER CASTINGS
OF MILITARY BRANCHES.

MASTER DEDICATION PLAQUE
CENTER ON 24" X 24" GRANITE
City Council
Agenda Report
Agenda Item 13.

DATE: January 28, 2025
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:

January 24, 2025 - ECPD Promotion & Awards Ceremony
January 24, 2025 - SANDAG Board of Directors Meeting
January 28, 2025 - City Council Meeting(s)
January 28, 2025 - City Council Fire Department Workshop I am available to answer questions.

Submitted By: Bill Wells, Mayor
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City Council
Agenda Report
Agenda Item 14.

DATE: January 28, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Councilmember Goble
SUBJECT: COUNCILMEMBER STEVE GOBLE
MTS (Metropolitan Transit System Board); East County Advanced Water Purification Joint Powers Authority Board; Chamber of Commerce – Government Affairs Committee; SANDAG – Board of Directors – Alternate; SANDAG Public Safety Committee – Alternate.

RECOMMENDATION:

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

BACKGROUND:

REPORT:

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

January 13, 2025 - Email to Mike A from East County Mag re: AWP January 13, 2025 - Emails with Bldg Svcs Dept re: Meridian permit January 15, 2025 - Email with James E. re: parked car in neighborhood January 16, 2025 - Interview with NBC7 San Diego
January 16, 2025 - MTS Board of Directors Meeting
January 16, 2025 - Meeting with MTS & Chelsea Development January 17, 2025 - Emails with 3 residents on Cloverleaf re: speeding January 18, 2025 - Attend retirement party for Dr. Suhail Zavaro January 20, 2025 - Emails with 5 people re: Jan 14 resolution January 21, 2025 - Attend Chamber Govt Affairs Committee Meeting January 21, 2025 - SANDAG Military Working Group agenda meeting January 21, 2025 - Phone call with Anne L. re: rebuilding her house January 22, 2025 - Lunch with former Supervisor Jacob
January 24, 2025 - Attend ECPD Promotion & Awards Ceremony January 24, 2025 - Meeting with Eva P. re: Jan 14 resolution January 27, 2025 - Meeting with City Manager
.!!!!_ Valley of opportunity
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January 28, 2025 - City Council meeting(s)
January 28, 2025 - City Council Fire Department Workshop I am available to answer questions.

Submitted By: Steve Goble, Councilmember
City Council
Agenda Report
Agenda Item 15.

DATE: January 28, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Mayor Pro Tem Kendrick
SUBJECT: MAYOR PRO TEM GARY KENDRICK
METRO Commission/Wastewater JPA; Heartland Communications; Heartland Fire Training JPA.

RECOMMENDATION:

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

BACKGROUND:

REPORT:

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

January 23, 2025 - Heartland Fire Communications Meeting January 28, 2025 - City Council Meeting(s)
January 28, 2025 - City Council Fire Department Workshop I am available to answer questions.

Submitted By: Gary Kendrick, Mayor Pro Tem
.!!!!_ Valley of opportunity
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City Council
Agenda Report
Agenda Item 16.

DATE: January 28, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Councilmember Metschel
SUBJECT: COUNCILMEMBER MICHELLE METSCHEL
Harry Griffen Park Joint Steering Committee; METRO
Commission/Wastewater JPA – Alternate; Heartland Communications – Alternate; Heartland Fire Training JPA – Alternate.

RECOMMENDATION:

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

BACKGROUND:

REPORT:

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

January 16, 2025 - Academy for Local Elected Officials - SDSU January 17, 2025 - Women In Service Everywhere (WISE) Meeting January 22, 2025 - Meeting with Vince K. regarding vaping devices January 24, 2025 - ECPD Promotion & Awards Ceremony
January 28, 2025 - Santee Homeless Working Group Meeting January 28, 2025 - City Council Meeting(s)
January 28, 2025 - City Council Fire Department Workshop I am available to answer questions.

Submitted By: Michelle Metschel, Councilmember
.!!!!_ Valley of opportunity
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City Council
Agenda Report
Agenda Item 17.

DATE: January 28, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Councilmember Ortiz
SUBJECT: COUNCILMEMBER PHIL ORTIZ
League of California Cities, San Diego Division; East County Economic Development Council; MTS (Metropolitan Transit System Board) – Alternate; East County Advanced Water Purification Joint Powers Authority Board – Alternate; Chamber of Commerce – Government Affairs Committee – Alternate.

RECOMMENDATION:

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

BACKGROUND:

REPORT:

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

January 28, 2025 - City Council Meeting(s)
January 28, 2025 - City Council Fire Department Workshop I am available to answer questions.

Submitted By: Phil Ortiz, Councilmember
.!!!!_ Valley of opportunity
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City Council
Agenda Report
Agenda Item 18.

DATE: January 28, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Angela Cortez, City Clerk
SUBJECT: Amendments to the El Cajon Municipal Code - Title 16 and Title 17, and Specific Plan No. 182
RECOMMENDATION:

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

An Ordinance Amending Chapter 16.12 of the El Cajon Municipal Code Addressing Ministerial Approval of Certain Subdivisions.

An Ordinance Approving an Amendment to Title 17 of the El Cajon Municipal Code (Zoning Code) for Housing and Commercial Land Uses, and Other Minor Technical Changes, Revisions, and Edits.

Attachments
Ord - ECMC 16.12.070
Ord - Title 17
Ord - SP 182

Page 1 of 1 ends

ORDINANCE NO. ___

AN ORDINANCE AMENDING
CHAPTER 16.12 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 regulations; and provide a more expeditious review process for subdivisions that meet certain criteria for infill development projects.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CAJON DOES ORDAIN AS FOLLOWS:

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

SECTION 2. A new subsection D is hereby added to section 16.12.070 of Chapter 16.12 of Title 16 of the El Cajon Municipal Code to read as follows.

D. The planning director or designee shall approve subdivisions ministerially that meet the requirements specified in Section

17.225.270.

SECTION 3. This ordinance shall be effective thirty (30) days following its passage and adoption.

Ord - Amend ECMC 16.12 Planning Director Duties 010925
01/14/25 CC Agenda – 1st Reading
01/28/25 CC Agenda – 2nd Reading

Page 1 of 5 ends

ORDINANCE NO. 5148
AN ORDINANCE APPROVING AN AMENDMENT TO TITLE 17 OF THE

EL CAJON MUNICIPAL CODE (ZONING CODE) FOR HOUSING AND

COMMERCIAL LAND USES, AND OTHER MINOR TECHNICAL

CHANGES, REVISIONS, AND EDITS
WHEREAS, Title 17 of the El Cajon Municipal Code (the "Zoning Code") requires regular maintenance to ensure that it complies with changes in State laws; is internally consistent; and is effective in regulating the use and development of land in the City of El Cajon (the "City"); and
WHEREAS, staff has identified various modifications needed to improve clarity, consistency, and application of the Zoning Code, and to comply with new State laws; and WHEREAS, the City Council held a duly advertised public hearing on January 14, 2025, to consider the Zoning Code update (the "Project"), and received evidence through public testimony and comment, in the form of verbal and written communications and reports; and
WHEREAS, the City Council has considered and approved the California Environmental Quality Act ("CEQA") Guidelines exemption for the Project by Resolution No. 00425, finding that the CEQA common sense exemption applies in accordance with CEQA section 15061(b)(3); and
WHEREAS, the proposed updates to the City’s Zoning Code have been presented to the City’s Planning Commission for its review and recommendation; and WHEREAS, following a properly noticed public hearing, at which both verbal and written testimony were presented, the Planning Commission adopted Resolution No. 11155, recommending approval of the proposed Zoning Code amendments presented to the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CAJON DOES ORDAIN AS FOLLOWS:

SECTION 1. Subsection I is hereby added to section 17.40.020 of Chapter 17 of the El Cajon Municipal Code to read as follows:

I. Housing developments eligible for ministerial review, in compliance with section 17.225.270.

SECTION 2. Section 17.105.020 of Chapter 17.105 of Title 17 of the El Cajon Municipal Code is amended by deleting the definition of "Biomedical office," and adding a new definition for "Technological office," to be inserted between the definitions of "Swimming pool," and "Telecommunications Act of 1996," to read as follows:
"Technological office" means medical, biological, and various

Page 2 of 5 ends

technological research, analysis, and production, and excluding any research or analysis of cannabis or related products and derivatives.

SECTION 3. Subsection C of section 17.135.030 of Chapter 17.135 of Title 17 of the El Cajon Municipal Code is hereby deleted.

SECTION 4. A new subsection C is hereby added to section 17.135.030 of Chapter 17.135 of Title 17 of the El Cajon Municipal Code to read as follows:

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.

SECTION 5. Subsection I of section 17.140.170 of Chapter 17.140 of Title 17 of the El Cajon Municipal Code is redesignated as subsection J of section 17.140.170, and a new subsection I is hereby added to section 17.140.170 of Chapter 17.140 of Title 17 to read as follows:

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.

SECTION 6. Subsection 2 of section 17.140.180(B) of Chapter 17.140 of Title 17 of the El Cajon Municipal Code is hereby repealed in its entirety.

SECTION 7. A new subsection 2 is hereby added to section 17.140.180(B) of Chapter 17.140 of Title 17 of the El Cajon Municipal Code to read as follows:

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% of the existing number of multi-family dwelling units 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 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

Page 3 of 5 ends

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 section 66323.

SECTION 8. A new subsection 2 is hereby added to section 17.140.180(D) of Chapter 17.140 of Title 17 of the El Cajon Municipal Code to read as follows:

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
section 66314.

SECTION 9. A new subsection I is hereby added to section 17.140.180 of Chapter 17.140 of Title 17 of the El Cajon Municipal Code to read as follows:

I. Unauthorized or unpermitted ADUs and JADUs may be
issued permits to legalize the unit in accordance with
Government Code section 66332.

SECTION 10. The Residential Land Use Table in section 17.140.210 of Chapter

17.140 of Chapter 17 of the El Cajon Municipal Code, is hereby amended to revise "Residential care facility for 7 or more" to read as follows:

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
C C C C C C C C C C C C 4
SECTION 11. The Commercial Land Use Table in section 17.145.150 of Chapter

17.140 of Title 17 of the El Cajon Municipal Code is amended to revise "Wholesale trade excluding explosives" and Temporary feeding area" and add footnote 39 to read as follows:

Page 4 of 5 ends

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 P X X P 39
Temporary feeding area T T T T T

39. Wholesale trade in the C-N zone is only allowed within the boundaries and subject to the provisions contained within SP No. 32.

SECTION 12. A new section 17.185.260 is hereby added to Chapter 17.185 of Title 17 of the El Cajon Municipal Code to read as follows:

17.185.260 Clean air vehicle parking.

Any existing or proposed parking area may identify preferential parking spaces for clean air vehicle parking.

SECTION 13. Subsection B of section 17.190.200 of Chapter 17.190.200 of Title 17 of the El Cajon Municipal Code is hereby repealed.

SECTION 14. A new subsection B is hereby added to section 17.190.200 of Chapter 17.190.200 of Title 17 of the El Cajon Municipal Code to read as follows:

B. Flashing signs (including flashing string lights, light ropes, and strobe lights); except as permitted by section 17.190.140; SECTION 15. The title of subsection 17.225.185 of Chapter 17.225 of Title 17 of the El Cajon Municipal Code is hereby amended to read as follows:

17.225.185 Emergency housing.

SECTION 16. Subsection C of section 17.225.185 of Chapter 17.225 of Title 17 of the El Cajon Municipal Code is hereby deleted.

SECTION 17. A new section 17.225.270 is hereby added to Chapter 17.225 of Title 17 of the El Cajon Municipal Code to read as follows:

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 acres, as specified; and the newly created parcels

Page 5 of 5 ends

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.

SECTION 18. A new section 17.225.280 is hereby added to Chapter 17.225 of Title 17 of the El Cajon Municipal Code to read as follows:

17.225.280 Expedited processing for residential care facilities for seven or more persons.

Residential care facilities for seven or more persons shall be eligible for expedited processing in order to remove constraints to development.

SECTION 19. The City Council of the City of El Cajon intends this ordinance to supplement, not duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed as separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion.

SECTION 20. This ordinance shall go into effect thirty (30) days following its passage and adoption.

Ord – Update Title 17 (Zoning Code) 011025
01/14/25 CC Agenda – 1st Reading
01/28/25 CC Agenda – 2nd Reading

Page 1 of 100 ends

ORDINANCE NO. 5149
AN ORDINANCE APPROVING AN AMENDMENT TO SPECIFIC PLAN NO. 182

TO ALLOW ADDITIONAL ON-SALE ONLY ALCOHOLIC BEVERAGE

ESTABLISHMENTS, ADDING REQUIREMENTS FOR DECORATIVE LIGHTING,

AND PROHIBITING ANIMATED OR FLASHING SIGNS INCLUDING LIGHT ROPES,

AND OTHER NON-SUBSTANTIVE CHANGES INCLUDING CLARIFYING RETAIL

MERCHANDISE WINDOW DISPLAY REQUIREMENTS

WHEREAS, Specific Plan No. 182 requires regular maintenance to ensure that it is internally consistent; and is effective in regulating the use and development of land in the City of El Cajon (the "City"); and
WHEREAS, the City Council held a duly advertised public hearing on January 14, 2025 to consider the Specific Plan No. 182 update (the "Project"), and received evidence through public testimony and comment, in the form of verbal and written communications and reports; and
WHEREAS, the City Council has considered and approved the California Environmental Quality Act ("CEQA") Guidelines exemption for the Project by Resolution No. 00425, finding that the CEQA common sense exemption applies in accordance with CEQA section 15061(b)(3); and
WHEREAS, the proposed updates to Specific Plan No. 182 have been presented to the City’s Planning Commission for its review and recommendation; and WHEREAS, following a properly noticed public hearing, at which both verbal and written testimony were presented, the Planning Commission adopted Resolution No. 11156, recommending approval of the proposed Zoning Code amendments presented to the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CAJON DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council finds that:

A. The recitals above are true and correct and have been incorporated herein by reference.

B. 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.

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C. 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 to the City’s downtown area.

SECTION 2. The City Council further finds that the CEQA common sense exemption in accordance with CEQA section 15061(b)(3) applies to the proposed Project.

SECTION 3. The City Council further approves the updates to Specific Plan No. 182 as shown in the attached Exhibit "1," and from the effective date of this ordinance Specific Plan No. 182 shall be described in Exhibit "2." SECTION 4. The City Council of the City of El Cajon intends this ordinance to supplement, not duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed as separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion.

SECTION 5. This ordinance shall go into effect thirty (30) days following its passage and adoption.

Ord – Amend SP 182 011025
01/14/25 CC Agenda – 1st Reading
01/28/25 CC Agenda – 2nd Reading

Page 3 of 100 ends

Exhibit "1"

CITY OF EL CAJON

DOWNTOWN EL CAJON
SPECIFIC PLAN No. 182
(proposed changes)

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CITY OF EL CAJON
DOWNTOWN EL CA.JON
SPECIFIC PLAN No. 182
f-'age 1....QL 41::S ura1nance No.

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CITY OF EL CAJON

DOWNTOWN EL CAJON
SPECIFIC PLAN No. 182
Intent and Purpose of SP No. 182
II 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 , ii is intended that this specific plan will provide for mixed-use including retail a+!Qlor 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 619-441-17 41 .

Includes amendments adopted by City Council through April 9, 2019 Ordinance Nos. 4976, 4985, 5021, 5060, 5070, and 5080
SPECIFIC PLAN No.182 - Page 2

Page 6 of 100 ends

TABLE OF CONTENTS
Property Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 II Intent and Purpose ............... ...... ......... .. ..... ..... .... .

Ill Permitted and Prohibited Uses ..... .... ...... .. ..... .. ... ... .

IV Special Uses ...... ... ............... .. . ...... ....... ... ...... .. .. .

V Development Process ..... .... ..... .... ... ........ ... ......... .

VI Development Standards .... ... ..... ..... . ........ ........ .. .. .

Parking ..................... .... ...... ... .. ....... .. ... ........ ... .. . .

Building Height .......... ...... ... ............ ..... .... .... .. ...... .

Lot Coverage ...... .. ..... .. ..... ....... ........ . ....... ...... ..... .

Building Setbacks .... ... ............ ........... ....... ........ .... .

Exterior Lighting ... ............. .......... ... .. ...... ... ..... ... .. .

Residential Density ............... ... ..... ...... ...... ............ .

Open s§ pace/Commercial Recreation Area .............. .. . .

Signs and Graphics ....... ...... ....... . ............. ........ ...... .

VII Design Guidelines ... .... ..... .. .... ........ ....... ... ........ .. .

VIII Amendments to Specific Plan ... ... ... ... ........ . .... .. .... .

APPENDIX
4 4
4 5
6 6-
6 7
7 7
7 8
8 11
11-
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 3

Page 7 of 100 ends

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 a-AG,ior 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 reducing visual distractions, by making signs, visible product display, and other attention getting methods more attractive, aesthetically pleasing, and more effective .

Ill. 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 4

Page 8 of 100 ends

D.
use permit in accordance with Section V. Development Process of this specific plan .

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. Establishments greater than two thousand five hundred square feet may be authorized by a conditional use permit approved by the City Council. 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 aAGlor 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 a-RQlor 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.

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 5

Page 9 of 100 ends

Any requested modified development standards will be reviewed and considered as part of the site development plan.

B. Conditional Use Permit
C.

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 .

Specific Plan
A specific plan may be required or utilized for certain uses or to modify certain development standards.

D. Common Interest Subdivision
E.

A common interest subdivision is required to comply with planned residential development, planned unit development, or common interest development regulations.

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, howeveri signs must still comply with the other provisions of this Plan and the Municipal Code, including obtaining encroachment permits and building permits-; when applicable.

Administrative Zoning Permit
An administrative zoning permit is required to remodel the fa9ade 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 6

Page 10 of 100 ends

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 .l. but~ not limited to.l. a traffic impact study, parking study, or other study or analysis prepared by a certified expert licensed to prepare such work .

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 a-R€1-,1or developed with residential uses shall be 35 feet, unless a greater height is approved by site development plan permit.

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.

Building Setbacks
All buildings, including accessory structures, shall comply with the building setbacks of the underlying zone except as follows :
1 . All commercial a-R€1-,1or 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 a-R€1-,1or office buildings are permitted to observe no interior setbacks.

SPECIFIC PLAN No.182 - Page 7

Page 11 of 100 ends

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.

Exterior ilighting
An on-site lighting plan prepared in accordance with -S§ection 17.130.150 of the Zoning Code shall be submitted for approval. The lighting plan shall address all building fa9ades, especially those adjacent to alleys, parking areas and walkways.

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.

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.

Signs and Graphics
All signs and graphics shall comply with the Signing and Architectural Graphics Guidelines- adopted in June, 1993, or any 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 8

Page 12 of 100 ends

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 signs 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 sign 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 frontage 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 9

Page 13 of 100 ends

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 Public 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 of½ 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 shall be professionally printed, not hand painted and mounted with discreet or artistic hardware.

SPECIFIC PLAN No.182 - Page 10

Page 14 of 100 ends

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 .

9. 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.

Animated Signs.

Animated window signs shall be limited to five percent of the groblnd floor window area , blp to a maximum of four square feet and 40 linear feet per bblsiness establishment , whichever is less. Animated signs shall be inclblded in the 15 percent ma>C:imblm window area signage allowance . 4-0,.L No box or can signs, internally illuminated or not, shall be permitted within the boundaries of Specific Plan No. 182.
4+.-10. All new signs shall be reviewed in accordance with Section V. F. 11 . Decorative lighting such as window frame lights, tree uplights, tree down lights, small lights in trees or on shrubs, outdoor string lights that outline building masses, and similar lighting effects are permitted and may be visible from the public right-of-way and subject to the following standards:
a)
b)
c)
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 .

Lighting shall not blink, flash, spin, or exhibit changing luminance .

Lighting shall be white lights only and shall not exhibit changing colors, hue, shade, or tint.

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 11

Page 15 of 100 ends

I. Display of Retail Merchandise

1. Retail merchandise 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. 3.

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 .).

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 12

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Special Development Area
(SDA) No. 9
SPECIFIC PLAN No.182 - Page 13

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Attachment "A"
SPECIFIC PLAN No.182 - Page 14

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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 15

Page 19 of 100 ends

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 16

Page 20 of 100 ends

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
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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.

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SPECIFIC PLAN No.182 - Page 19
EXHIBIT ~"C"~
SPECIFIC PLAN NO. 182

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DESIGN GUIDELINES
FOR BUILDING FA9ADE RENOVATIONS AND NEW BUILDINGS
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TABLE OF CONTENTS

DESIGN GUIDELINES
PREFACE ...... ........ .... .... .. ............ .. .... ........ .. ... ........ .................. ........... . 21 OVERVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . ... . . . . . . . . . . . . . 22 VESTER-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 FAQADE ... .. . ... ... ... ... ... ... ... .. . ... 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 FAQADE MATERIALS AND FABRIC...... ..... .. ...... .. .... .. ..... .. ....... ...... .. 35 COLORS .. . .... ... .. .... .... ... .... .... .... .. .. ... .... ... .......... . ........ . .... ... .... .. ... 35 CORNICES & FAQADE 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 21

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Fayade Guideunes Contextual Des1gn Elements
. '
j
·-- t,
SPECIFIC PLAN No.182 - Page 22
An Illustrated Glossary

ARCHITECTS
FASON
~FOR REST
Storef:r: ont
J3~.sh & Glazin g
Wainscot

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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 fac;;ades visually successful while contributing to the redevelopment of the downtown District. These Design Guidelines outline appropriate repair and renovation of fac;;ades 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 years. 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 fac;;ades.

These regulations attempt to encourage desired entrepreneurial redevelopment of the Downtown District as an art, entertainmen t.. aoo- specialty retail, and service district for the East County region. The guidelines apply to redevelopment and new construction for all properties in the District, not just those properties on Main Street a-R41or 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.

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OVERVIEW
Adoption of District Standards for Building Fa9ade Renovation and Design provides regulations to 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 fa9ades 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 fa9ades. 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.

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Vester-Year Main Street
History Behind Business District
Architecture
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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 physical 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.

Main Street, circa 1923, reprinted .by perm!ssion: Eldonna P Lay, Valley Q[Ooportuniry (El Cajon: Eldonna P Lay & Associates, 1987), p. 81_.

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 lots. Most of Magnolia Avenue reflects these SPECIFIC PLAN No.182 - Page 26

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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 District 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 vibrancy. 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, tRe;ithis 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 fa9ades. This type of fa9ade gives squat buildings the appearance of height to conceal 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 .

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Perhaps tire most recognized icon in the Down/own Dislricl at the norlheast corner of Main and Magnolia .

Downtown on the first floor, historic building fa9ades 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 fa9ade to another. Building bays, pilasters, transoms , and column details create interest on otherwise monotonous storefronts.

Pedestr ian friendly eleme nts suc h as ground floor arcades and storefron t visibility contribut e to 1/te sense of prom enade and affluence.

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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. AnEI theyThe 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 doorjarnbs epitomize this buildings era, circa J 955.

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Main Street Tomorrow
The Pedestrian Zone - between the Street and Building Facade _- SPECIFIC PLAN No.182 - Page 30

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BRING BACK OUR MAIN STREET
First, understand that what each property and business owner does to the exterior of the building, Ha-Ve-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.,, ~ business neighbors' improvements. and renovations benefit all District Stakeholders .

Begin with identifying upgrades or improvements that were done to your building fac;;ade 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 fac;;ade to its original style and condition .

As building owners rejuvenate their building fac;;ades, adjacent building 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 struggling to overcome predictability and repetition.

Shoppers are looking for innovation, entertainmen t.,, and the authentic old- _time charm of Main Street, El Cajon.

GENERAL TERMS OF A BUILDING'S FA<;ADE
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 sidewalkt~ edestrian environment. Many of the District's fac;;ades 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.

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Top
Upper
S t ori es
Base
Anothe r feature of an upper floor (or floors) of the facade is the placement, size, and shape, of windows, which identifies those areas as living or office space.

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 fa9ades are generally taller and larger than "infill" buildings, giving corner buildings a grander, more imposing, appearance .

Corner buildings should maintain the building far,:ade at the PROPERTY LINE.

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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 fa9ades. The uniformity of Main Street setbacks fortifies a classic sense of order, scale, and visual unity.

Although Size and detail of windows and openings vary between facades, the overall scale of all of the building facades is the same.

I
Building variety within that unity can provide even more interest through the use of renovated or new parapet designs, textures , columns, reveals and colors.

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Standards For Improvement
Pedestrian Path
Extended Canopy creates
the Pedestrian Pf' ace
Pedestrian
Place
SPECIFIC PLAN No.182- Page 34
Path Element----;-

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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 fa9ade is not allowed, except upon approval ofan Administrative Zoning Permit. _ Repair of original deteriorating architecture includes removal of shoddy or inappropriate add-ons that replaced or covered up the original construction.

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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 buildings 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 fa9ade and not introduce setbacks of upper floors along the street fa9ade.

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 fa9ades.

3. Addition of second and third floors are encouraged above ground floor areas, provided their fa9ades repeat the proportion and detail of the ground floor's fa9ade.

4. Fa9ades 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.

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ROOFS, PENTHOUSES, AND ATTICS
Resi.dential Third Fl.oar
reoo:zn.niended
Co:mIIJ.erai.aJ. I Residential
Second Fl.oar
CoI.nLnerai.al Grou:nd Fl.oar
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 fa9ade and should cover no more than 30% of the rooftop area. They are to be subordinate in architectural importance to the main building fayade below and are not to be visible from any of the surrounding streets. fA<;ADE 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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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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CORNICES & FA<;ADE 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 fa9ades 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 fa9ades 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 fa9ades.

4. Pilasters and cornices may be used to relieve flat areas on a fa9ade.

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 fa9ade. 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 alters the relationship of the building to the sidewalk and street is to be avoided.

The following criteria should be considered when developing these elements:

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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 service 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 glass 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 net ¥ielate 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 decor 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.

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Visibility into the tenant space should not be obscured with tenant signage or advertising

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 a-RQLor 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.

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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 fa9ade 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 fa9ades 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 fa9ades 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 fa9ade be approved.

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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 fa9ade 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 above 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.

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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 fa9ade 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.

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El Cajon City CouncilJanuary 28, 2025

El Cajon City Council
January 28, 2025