JOINT MEETING OF THE
EL CAJON CITY COUNCIL/HOUSING
The Valley of Opportunity
AUTHORITY/SUCCESSOR AGENCY
TO THE EL CAJON
REDEVELOPMENT AGENCY
MINUTES
CITY OF EL CAJON
EL CAJON, CALIFORNIA
January 28, 2025
An Adjourned Regular Joint Meeting of the El Cajon City Council/Housing Authority/ Successor Agency to the El Cajon Redevelopment Agency, held Tuesday, January 28 2025, was called to order by Mayor/Chair Bill Wells at 3:02 p.m., in the Counci Chambers, 200 Civic Center Way, El Cajon, California.
ROLL CALL
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
Thorn, Deputy 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 January 14, 2025, meeting and the Agenda of the January 28, 2025, meeting in accordance with State Law and El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Joint Meeting: El Cajon City Council/Housing Authority/ January 28, 2025 Successor Agency to the Redevelopment Agency - 11 - 3:00 p.m.
PRESENTATIONS: None
AGENDA CHANGES:
City Manager Mitchell requested to remove Closed Session Item No. 19, and to postpone Items 10, 11 and 12, to accommodate the large number of speakers attending the meeting for Item No. 9 - Conflicts in State and Federal Immigration Laws and Policies.
Mayor Wells stated that the Fire Department Workshop, scheduled for January 28, 2025, at 6 PM, may be delayed, due to the large number of speakers attending the meeting for Item No. 9 - Conflicts in State and Federal Immigration Laws and Policies.
CONSENT ITEMS: (1 - 7)
1. Minutes of El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Meetings
Approve 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
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.
PULLED BY A MEMBER OF THE PUBLIC:
4. Contract Amendment for Bid No. 012-25 - Citywide Street Beautification RECOMMENDATION:
That the City Council adopts the next Resolution, in order, to:
1. Appropriate $470,086 of Transnet EL03 funds for the purpose of increasing the Citywide Street Beautification project (243833PWCP); and
2. 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.
January 28, 2025
Successor Agency to the Redevelopment Age uhorily/
- 12 - 3:00 p.m.
CONSENT ITEMS: (Item 4 - Continued)
DISCUSSION
Allegedly Audra stated that beautifying the City is a good project, but that the City should focus on the homeless issue instead.
Councilmembers clarified that funds used for certain projects, including the Citywide Street Beautification, come from restricted funds or grants, which cannot be used for any other projects.
Adopt Resolution No. 005-25 to:
1. Appropriate $470,086 of Transnet EL03 funds for the purpose of increasing the Citywide Street Beautification project (243833PWCP); and
2. 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.
5. Award of RFP No. 024-25 - Sewer Master Plan Update
Adopt Resolution No. 006-25 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
Adopt Resolution No. 007-25 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
Adopt Resolution No. 008-25 appointing the professional staff of the City Attorney's Department effective January 28, 2025.
MOTION BY WELLS, SECOND BY ORTIZ, to APPROVE Consent Items 1 to 7.
MOTION CARRIED BY UNANIMOUS VOTE.
Joint Meeting: El Cajon City Council/Housing Authority/ January 28, 2025 Successor Agency to the Redevelopment Agency - 13- 3:00 p.m.
PUBLIC COMMENT:
Violet Lombera expressed concerns about the homeless problem in the City.
Mayor Wells stated that the State of California laws protect the homeless life style, which make it a problem for cities.
City Manager Mitchell stated that an upcoming semi-annual update would provide information on the homeless problem.
David Richardson asked why there is not Chaldean representation on the City Council.
Mayor Wells and Councilmember Ortiz stated that the City has had 2 Chaldean Councilmembers in the last 10 years, and that a grant was recently awarded to the Chaldean Community Council for a business incubator.
Joel Pennison introduced himself as a new business owner in the City. He praised the homeless programs in the City.
Truth spoke about the homeless issue, the Mayor's monthly compensation, and the campaign limits for the City, which she stated are high, compared to other local cities.
Allegedly Audra spoke about centers in the city that are meant to be helping people but instead are trafficking centers.
City Manager clarified that one of the centers named by Audra is outside the city limits.
Brenda Hammond spoke about the homeless programs, and she requested that those programs are fully vetted before using them.
Consuelo spoke about 'big government'.
WRITTEN COMMUNICATIONS: None
PUBLIC HEARINGS: None
Remainder of page intentionally left blank.
Joint Meeting: El Cajon City Council/Housing Authority/ January 28, 2025 Successor Agency to the Redevelopment Agency 3:00 p.m.
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.
DISCUSSION
Director of Finance, Clay Schoen, provided detailed information of the Item.
No public comment was received for the Item.
MOTION BY ORTIZ, SECOND BY GOBLE, to receive and accept 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.
MOTION CARRIED BY UNANIMOUS VOTE.
Conflicts in State and Federal Immigration Laws and Policies RECOMMENDATION:
That the City Council considers one of two options:
1. wait to take action until the Federal and State governments resolve inconsistencies in their respective immigration laws and policies, or
2. 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.
DISCUSSION
City Manager Mitchell provided detailed information of the Item.
The following people spoke in opposition of the proposed action to adopt a Resolution of Intent to comply with Federal immigration law:
Joint Meeting: El Cajon City Council/Housing Authority/ January 28, 2025 Successor Agency to the Redevelopment Agency - 15 - 3:00 p.m.
ADMINISTRATIVE REPORTS: (Item 9 - Continued)
1. Ilka Weston
2. Dr. Joanna Rose Benavidez
3. Carlos Gomez Perez
4. Melissa Ortiz
5. Emily Wright
6. Eva Pacheco
7. Jesus
8. Felipe Razo
9. Violet Lombera
10. Maria Chavez
11. Rahno Abar
12. David Richardson
13. Nicole Baca
Recess called at 4:21 p.m.
Meeting called back to order at 4:26 p.m.
14. Carol Lewis
15. Dilkhwaz Ahmed
16. Dr. Sergio Conti
17. Chris Ford
18. Jose Cruz
19. Maria Curry
20. Dr. Ryan Fan
21. Liz Ramirez
22. Brenda Hammond
23. Brian Kougl
24. Joselyn Hernandez
25. Imelda Barranco
26. Brandon Jackson
27. Silvia Miranda
28. Pastor Bernardo Garcia
29. Nicanora Montenegro
30. Estella Jimenez
31. Randy Torres - Van Vleck
32. Rachel Lozano
33. Mejgan Afshah
34. Yusef Miller
35. Patricia Mondragon
36. Timothy Redbird
37. Miriam Ramirez
38. Kristin Jarstad
39. Josette Rogers
Joint Meeting: El Cajon City Council/Housing Authority/ January 28, 2025 Successor Agency to the Redevelopment Agency 3:00 p.m.
ADMINISTRATIVE REPORTS: (Item 9 - Continued)
40. Sam Halpern
41. Charles Edwards
42. Gambler
43. Margarita
44. Sal Sarmiento
45. Lourdes Bautista
The following people spoke in support of the proposed action to adopt a Resolution of Intent to comply with Federal immigration law:
1. David Matranga
2. Reverend Gary Cass
3. Mary Davis
4. Cory Gurteraux
5. Ben Good
6. Glenn Bagge
7. Marci Strange
8. Dustin Hayes
9. Daniel Bickfrod
10. Allegedly Audra
11. Dr. Mark Brouker
12. Corbin Sabol
13. Anne Joseph
14. Chris Leighton
15. Maureen Cruise
16. Lee Varallo
17. Cheryl Caruso
18. Jane Babraitis
19. Tish Quintanilla
20. Amy Reichert
21. Lu Tejeda
22. Danny O'Brien
23. Kristin Brouker
24. Tony Sottile
25. Ben Behncke
26. Truth
The following people shared some neutral comments:
1. Tom Varallo
2. Consuelo
3. Crystal Reed
4. Bob Collins
Joint Meeting: El Cajon City Council/Housing Authority/ January 28, 2025 Successor Agency to the Redevelopment Agency - 17- 3:00 p.m.
ADMINISTRATIVE REPORTS: (Item 9 - Continued)
Councilmember Metschel spoke against the proposed Resolution of Intent to comply with Federal immigration law, and stated the biggest public safety issue in the City is the homeless problem.
Mayor Pro Tem Kendrick spoke in opposition of the proposed Resolution as submitted.
He offered an alternative Resolution, prepared by himself and Councilmember Metschel.
In reply to a question by Mayor Wells, City Attorney Foley clarified that the alternate Resolution proposed by Mayor Pro Tem Kendrick can be considered.
Mr. Kendrick distributed and read the alternate Resolution.
Councilmember Ortiz contemplated the question of why people from other countries want to come to the U.S.A. He stated that people look for rules, laws and the commitment to embrace the rule of law. He added that immigration is being used to alleviate world poverty and war. He spoke of illegal criminals being protected by sanctuary cities.
Councilmember Goble and City Manager Mitchell discussed SB 54 in regards to cooperation of local law enforcement, and Department of Justice interpretation of the SB 54. He added that many attendees spoke about keeping citizens safe, and reiterated that is the main goal of local law enforcement.
Councilmember Goble added that the City's Police Department does not have access to immigration information, and quoted Attorney General Bonta who said, "we have a job, let us do our job." Perhaps El Cajon's stance should be to stay out of the way to allow the Federal Government to find and deport the illegal criminals in the U.S.A.
Mayor Wells stated the importance of the local police officers who come in contact with a dangerous criminal, to be able to contact Immigration and Customs Enforcement (ICE), as part of public safety. He added the Resolution's intent to cooperate with Federal Government is not about immigration or racism. He added that 57% of the City voted for Donald Trump and his's stance on immigration is well known, therefore, the proposed Resolution represents the majority of the City of El Cajon's constituents.
MOTION BY WELLS, SECOND BY ORTIZ, to ASSERT 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.
Joint Meeting: El Cajon City Council/Housing Authority/ January 28, 2025 Successor Agency to the Redevelopment Agency - 18 - 3:00 p.m.
ADMINISTRATIVE REPORTS: (Item 9 - Continued)
Councilmember Goble requested additional time to re-read the proposed Resolution of Intent. During this time Mayor Wells shared that his own family has immigrants, and he would never put anyone or his own family in harm's way.
Discussion ensued amongst City Councilmembers regarding:
• The City may not be able to do anything with Federal Immigration Law; • Importance of the City to state its intent to stand for the Rule of Law; • Potential revenue loss by immigrants not shopping in the City; • Freedom has a cost;
• Mr. Goble's consideration to abstain from vote, if vote is rushed; • How will the proposed Resolution affect ECPD;
• Why is the Resolution needed to say we will comply with the Federal law; • Other municipalities becoming sanctuary cities; and
• The City does not need the attention when there is a homeless problem to solve.
City Attorney Foley clarified for Councilmember Goble, that abstaining from the vote, without a legitimate disqualification would be considered an affirmative vote for the Item.
City Attorney Foley added that the City does not have jurisdiction over immigration law, but the City does have jurisdiction granted by government code, including SB 54, with exemptions. Detaining an illegal immigrant who committed aggravated felony, who was deported and reentered the country, would be within the scope of local duties in SB 54.
Councilmember Goble asked Mayor Wells and Councilmember Ortiz for the City to declare its intent to comply with SB 54, further the City would not impede federal law enforcement officials or block their efforts.
Mayor Wells stated that is not the original intention of the proposed Resolution. He wants to state that the City represents the people who live in El Cajon, and comply with Federal Law.
Councilmember Goble proposed an alternate Motion:
Modify the language: With regard to federal immigration law the City declares its intent to comply with SB 54. 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"
Mayor Wells stated he would not support the modification made by Councilmember Goble, without the phrase "states its intent to cooperate with the federal government".
Mayor Pro Tem Kendrick stated that our police officers do not have the time to deal with immigration issues.
Joint Meeting: El Cajon City Council/Housing Authority/ January 28, 2025 Successor Agency to the Redevelopment Agency - 19 - 3:00 p.m.
ADMINISTRATIVE REPORTS: (Item 9 - Continued)
MOTION BY GOBLE, SECOND BY KENDRICK, to MODIFY the proposed Resolution language to: With regard to federal immigration law the City declares its intent to comply with SB 54. 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." The rest of the Resolution would remain.
Mayor Wells reiterated his position to support the original proposed Resolution.
Mayor Wells suggested using: The City of El Cajon states its intention to cooperate with federal government regarding immigration law. However, we fully understand that SB 54 makes that unacceptable with California law and we will wait for this to play out in the courts.
Discussion continued between Mayor Wells and Councilmembers Goble and Ortiz, regarding supremacy laws v. state of California laws.
There was no resolution or agreement for how the wording should be submitted.
Alternate Motion:
MOTION BY GOBLE, SECOND BY KENDRICK, to MODIFY the proposed Resolution language to: With regard to federal immigration law the City declares its intent to comply with SB 54. 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". Add the US Attorney General's office to section 5 of the Resolution. The rest of the Resolution would remain.
MOTION FAILED BY A 2 - 3 VOTE
(WELLS, ORTIZ, METSCHEL - NO).
Original Motion:
MOTION BY WELLS, SECOND BY ORTIZ, to ASSERT the City's intent to under it and eat applicatie las to rene el enter minal from our community.
MOTION FAILED BY A 2 - 3 VOTE
(GOBLE, KENDRICK, METSCHEL - NO).
Recess called at 8:23 p.m.
Meeting called back to order at 8:28 p.m.
oint Meeting: El Cajon City Council/Housing Authority January 20 p.m. successor Agency to the Redevelopment Agenc - 20 -
ADMINISTRATIVE REPORTS: (Continued)
Items 10, 11 and 12 were moved to a future meeting.
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.
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: None
ACTIVITIES REPORTS/COMMENTS OF MAYOR WELLS:
SANDAG (San Diego Association of Governments) Board of Directors.
13. Council Activities Report/Comments
Report as submitted.
Remainder of page intentionally left blank.
Joint Meeting: El Cajon City Council/Housing Authority/ January 28, 2025 Successor Agency to the Redevelopment Agency - 21 - 3:00 p.m.
ACTIVITIES REPORTS 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.
Council Activities Report/Comments.
Report as submitted.
15. MAYOR PRO TEM GARY KENDRICK
METRO Commission/Wastewater JPA; Heartland Communications; Heartland Fire Training JPA.
Council Activities Report/Comments.
Report as submitted.
16. COUNCILMEMBER MICHELLE METSCHEL
Harry Griffen Park Joint Steering Committee; Heartland Communications - Alternate; Heartland Training JPA Alternate; METRO
Commission/Wastewater JPA - Alternate.
Council Activities Report/Comments.
Report as submitted.
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 28, 2025 Successor Agency to the Redevelopment Agency - 22 - 3:00 p.m.
GENERAL INFORMATION ITEMS FOR DISCUSSION: None
ORDINANCES: FIRST READING - None
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.
DISCUSSION
No public comment was received for the Item.
The City Clerk recited the title of the ordinances for a second reading.
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.
Remainder of page intentionally left blank.
Joint Meeting: El Cajon City Council/Housing Authority/ January 28, 2025 Successor Agency to the Redevelopment Agency - 23- 3:00 p.m.
ORDINANCES: SECOND READING AND ADOPTION: (Continued)
MOTION BY WELLS, SECOND BY KENDRICK, to ADOPT
Ordinance No. 5147, An Ordinance Amending Chapter 16.12 of The El Cajon Municipal Code Addressing Ministerial Approval of Certain Subdivisions; ADOPT 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; and ADOPT Ordinance 5149, An Ordinance Approving an
Amendment to Specific Plan No. 182 to Allow Additional On-Sale Only Alcoholic Beverage Establishments, Adding Requirements or Decorative Lighting, And Prohibiting Animated or Flashing Signs Including Light Ropes, And Other Non-Substantive
Changes Including Clarifying Retail Merchandise Window Display Requirements.
MOTION CARRIED BY UNANIMOUS VOTE.
CLOSED SESSIONS:
Item 19 was removed from the 01/28/2025 Agenda:
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
MOTION BY WELLS, SECOND BY ORTIZ, to ADJOURN to Closed
Session at 8:31 p.m.
MOTION CARRIED BY UNANIMOUS VOTE.
RECONVENED to Open Session at 8:37 p.m.
City Attorney Foley reported the following actions:
Item 20: Direction given to City Counsel
Joint Meeting: El Cajon City Council/Housing Authority/ January 28, 2025 Successor Agency to the Redevelopment Agency - 24 - 3:00 p.m.
Adjournment: Mayor Wells adjourned the Adjourned Regular Joint Meeting of the El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency held this 28th day of January, 2025, at 8:37 p.m., to Tuesday, February 11, 2025, at 3:00 p.m.
ANGELA L. CORTEZ, CMC
City Clerk/Secretary
Joint Meeting: El Cajon City Council/Housing Authority/ January 28, 2025 Successor Agency to the Redevelopment Agenc 3:00 p.m.