Agenda packet, first session — El Cajon City Council, February 11, 2025

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

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
FEBRUARY 11, 2025, 3:00 p.m.

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

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 28, 2025, Meeting and the Agenda of the February 11, 2025, Meetings 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 28, 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 Vehicle Outfitting Services

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, to approve an amendment to the Agreement for Services with AEP-California, LLC (AEP) for Vehicle Outfitting Services to increase the contract for the current term by the not-to-exceed amount of $617,000 and the second renewal term in the not-to-exceed amount of $105,000.

5. Audio Video Upgrades - Project Acceptance

RECOMMENDATION:

That the City Council:

Accepts the Audio Video Upgrades project, Contract #30000245; and1.

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

2. 6. FY 2024 U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) Award

RECOMMENDATION:

That the City Council takes the following actions:

Authorizes the City Manager, or designee, to accept the FY 2024 U.S.

Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $34,792 and to execute any grant documents and agreements necessary for the receipt and use of these funds; and

1. Appropriates $34,792 of the FY 2024 U.S. Department of Justice JAG Grant for the purchase of equipment related to the Real Time Crime Center (RTCC).

2. 7. Contract Amendment for RFP No. 028-24 – Oakdale Alameda Construction Management Services

RECOMMENDATION:

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

Appropriate $311,746.25 of Transnet EL03 funds to the Jamacha Road Safety Improvements (203688PWCP) project for the purpose of increasing the project budget;

1. Waive the bidding requirements in accordance with El Cajon Municipal Code section 3.20.010(C)(6); and

2. Add the Jamacha Road Safety Improvements Construction Management Services to the Public Works Contract with Unico Engineering, Inc. (UEI) for Oakdale Alameda Construction Management Services in the not-to-exceed amount of $311,746.25.

3. 8. Award of Bid No. 019-25 – Pavement Overlay 2023

RECOMMENDATION:

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

Approve Plans and Specifications for Overlay 2023, Bid No. 019-25; and1.

Award the bid to the lowest responsive, responsible bidder, Eagle Paving, LLC, in the amount of $5,748,000.

2. 9. FY 2024 Coverdell Forensic Science Improvement Grant Award

RECOMMENDATION:

That the City Council take the following actions:

Authorize the City Manager, or designee, to accept the FY 2024 Paul Coverdell Forensic Science Improvement Grant in the amount of $51,136 and execute any grant documents and agreements necessary for the receipt and use of these funds; and

1. Appropriate funding of $51,136 for one part-time Forensic Latent Print Examiner and overtime expenses for one Forensic Evidence Technician.

2. PUBLIC COMMENT:

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:

10. Interviews for City Commissions

RECOMMENDATION:

That the City Council conducts interviews for one (1) seat on the Personnel Commission and one (1) seat on the Planning Commission, and authorizes the City Clerk to continue accepting applications for future commission vacancies.

11. Update on Homeless Programs and Services

RECOMMENDATION:

That the City Council receives the homeless programs and services report and, if desired, provides feedback, recommendations, and direction on homeless-related programming and funding.

COMMISSION REPORTS:

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

12. Council Activity Report

ACTIVITIES REPORTS/COMMENTS OF COUNCILMEMBERS:

13. 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.

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

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

16. 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:

17. A Resolution Declaring the City's Commitment 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 for the Sole Purpose of Removing Violent Criminals from our Community

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, titled, "A Resolution of the City Council of the City of El Cajon Declaring the City's Commitment 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 for the Sole Purpose of Removing Violent Criminals from our Community."

GENERAL INFORMATION ITEMS FOR DISCUSSION:

ORDINANCES: FIRST READING

ORDINANCES: SECOND READING AND ADOPTION

CLOSED SESSIONS:

ADJOURNMENT: The Regular Joint Meeting of the El Cajon City Council/El Cajon Housing Authority/Successor Agency to the El Cajon Redevelopment Agency held this 11th day of February 2025, is adjourned to Tuesday, February 25, 2025, at 3:00 p.m.

City Council
Agenda Report
Agenda Item 1.

DATE: February 11, 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
01-28-2025DRAFTminutes - 3PM

Joint Meeting: El Cajon City Council/Housing Authority/ January 28, 2025 Successor Agency to the Redevelopment Agency - 11 - 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 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 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
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 Cler k 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 Redevelopment Agency Policy.

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Joint Meeting: El Cajon City Council/Housing Authority/ January 28, 2025 Successor Agency to the Redevelopment Agency - 12 - 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.

Joint Meeting: El Cajon City Council/Housing Authority/ January 28, 2025 Successor Agency to the Redevelopment Agency - 13 - 3:00 p.m.

CONSENT ITEMS: (Item 4 – Continued)

DISCUSSION

Allegedly Audra stated that beautifying the C ity is a good project, but that the C ity 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 - 14 - 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, a nd 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 - 15 - 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.

9. 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 resol ve 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 - 16 - 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. Truth

22. Liz Ramirez

23. Brenda Hammond

24. Brian Kougl

25. Joselyn Hernandez

26. Imelda Barranco

27. Brandon Jackson

28. Silvia Miranda

29. Pastor Bernardo Garcia

30. Nicanora Montenegro

31. Estella Jimenez

32. Randy Torres – Van Vleck

33. Rachel Lozano

34. Mejgan Afshah

35. Yusef Miller

36. Patricia Mondragon

37. Timothy Redbird

38. Miriam Ramirez

39. Kristin Jarstad

40. Josette Rogers

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)

41. Sam Halpern

42. Charles Edwards

43. Gambler

44. Margarita

45. Sal Sarmiento

46. 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 Reicherd

21. Lu Tejeda

22. Danny O’Brien

23. Kristin Brouker

24. Tony Sottile

25. Ben Behncke

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 - 18 - 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 alternat ive Resolution, prepared by himself and Councilmember Metschel.

In reply to a ques tion 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 - 19 - 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 C ity does have juri sdiction 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 aske d 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 propos ed 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, t he 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 supp ort 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 - 20 - 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 fe deral 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 offici als 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 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.

Joint Meeting: El Cajon City Council/Housing Authority/ January 28, 2025 Successor Agency to the Redevelopment Agency - 21 - 3:00 p.m.

ADMINISTRATIVE REPORTS: (Continued)

Items 10, 11 and 12 were moved to a future meeting.

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.

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 - 22 - 3:00 p.m.

ACTIVITIES REPORTS OF COUNCILMEMBERS:

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

Council Activities Report/Comments.

Report as submitted.

15. MAYOR PRO TEM GARY KENDRICK
METRO Commission/Wastewater JPA; Heartland Communicatio ns; 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 Fire Training JPA – Alternate; METRO Commission/Wastewater JPA – Alternate.

Council Activities Report/Comments.

Report as submitted.

21. 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 - 23 - 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 AMENDM ENT 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 - 24 - 3:00 p.m.

ORDINANCES: SECOND READING AND ADOPTION: (Continued)

MOTION BY WELLS, SECOND BY KENDRICK, to ADOPT
Ordinance No. 5147, A n Ordinance Amending Chapter 16.12 o f 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 a n
Amendment to Specific Plan No. 182 t o Allow Additional On-Sale Only Alcoholic Beverage Establishments, Adding Requirements or Decorative Lighting, And Prohibiting Animated o r 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 - 25 - 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
City Council
Agenda Report
Agenda Item 4.

DATE: February 11, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Mara Romano, Purchasing Agent
SUBJECT: Contract Amendment for Vehicle Outfitting Services RECOMMENDATION:

BACKGROUND:

On June 27, 2023, the City Council authorized the City Manager to enter into an agreement for an initial one-year term in the not-to-exceed amount of $520,800 with four additional one-year renewal options (estimated at $1,500,000 at $375,000 annually). The City is currently contracted with AEP for the first one-year renewal term with three one-year renewal options remaining.

On November 19, 2024, the City Council awarded a purchase order for up to 48 Ford Fleet Vehicles. As a result, the vehicles will require outfitting upon receipt. The additional compensation requested for the current renewal term (through July 18, 2025) and second one-year renewal term (through July 18, 2026) will accommodate this request.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed Vehicle Outfitting Services 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 organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment.

FISCAL IMPACT:

Approval of the $617,000 increase will supplement the current renewal term, for a total not-to-exceed amount of $992,000. Funds are available in Fiscal Year 2024-25 Annual Budget:

Gas Tax Vehicle Replacement/Vehicle Improvements (211595); Public Works Vehicle Replacement/Vehicle Improvements (606595); and Wastewater Equipment Replacement\Vehicle Improvements (650795).

Approval of the $105,000 increase will supplement the second one-year renewal term, for a not-to-exceed amount of $480,000 (the third and fourth renewal terms will continue at $375,000), contingent upon budget approval. The total four year renewal options cost is .!!!!_ Valley of opportunity
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$375,000), contingent upon budget approval. The total four year renewal options cost is estimated to total $2,222,000.

AMOUNT RENEWAL TERMS
$375,000 Option 1
$617,000 Requested Amount
$375,000 Option 2
$105,000 Requested Amount
$375,000 Option 3
$375,000 Option 4
$2,222,000 TOTAL
Prepared By: Mara Romano, Purchasing Agent
Reviewed By: Dave Richards, Director of Public Works - Operations Approved By: Graham Mitchell, City Manager
Attachments
Resolution

I I I I I I
I I

Page 1 of 2 ends

RESOLUTION NO. -25

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

APPROVING AMENDMENT OF AN AGREEMENT FOR SERVICES

WITH AEP-CALIFORNIA, LLC FOR VEHICLE OUTFITTING SERVICES

WHEREAS, on June 27, 2023, the City Council authorized the City Manager enter into an agreement with AEP -California, LLC ("AEP") for Vehicle Outfitting Services (the "Agreement") for an initial one- year term in the not -to-exceed amount of $520,800 with four additional one- year renewal options (estimated in the aggregate of $1,500,000 at $375,000 annually); and

WHEREAS, the City is currently contracted with AEP for the first one-year renewal term with three one-year renewal options remaining; and

WHEREAS, on November 19, 2024, after the award of thebid to AEP and after the effective date of the agreement, the City Council awarded a purchase order for additional Fleet Vehicles and as a result, the vehicles will require outfitting upon receipt and the additional compensation requested for the current renewal term (through July 18, 2025) and second one-year renewal term (through July 18, 2026) will accommodate this need; and

WHEREAS, Approval of the $617,000 increase will supplement the current renewal term, for a total not-to-exceed amount of $992,000; and

WHEREAS, Funds are available in Fiscal Year 2024-25 Annual Budget: Gas Tax Vehicle Replacement-Vehicle Improvements (211595); Public Works Vehicle Replacement Vehicle Improvements (606595); and Wastewater Equipment Replacement-Vehicle Improvements (650795); and

WHEREAS, approval of the $105,000 increase will supplement the second one- year renewal term, for a not -to-exceed amount of $480,000 , whilethe third and fourth renewal terms will continue at $375,000, each contingent upon budget approval; and

WHEREAS, City's staff ha d requested a sole source procurement pursuant to ECMC section 3.20.010(C)(5) because the vehicles used by the City's Police Department require the installation of specialized equipment Patrol Power (a Soncell NA Company) emergency products, as well as other non-specialized products for which AEP is the only authorized distributor; and

WHEREAS, the proposed Vehicle Outfitting Services 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 CEQA Guidelines since the action involves an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment; and

Page 2 of 2 ends

WHEREAS, the total four year renewal options cost is estimated to total $2,222,000 as follows:

AMOUNT RENEWAL TERMS
$375,000 Option 1
$617,000 Requested Amount
$375,000 Option 2
$105,000 Requested Amount
$375,000 Option 3
$375,000 Option 4
$2,222,000 TOTAL

WHEREAS, amendment of the Agreement and waiving of the bidding are exempt from the provisions of the California Env ironmental Quality Act ("CEQA") pursuant to State CEQA Guidelines section 15378(b)(5) as it is not defined as a project and will not result in a direct or reasonably foreseeable indirect physical change in the environment; and

WHEREAS, the City Council believes it to be in the City's best interest to approve waiving the bidding requirements in accordance with ECMC section 3.20.010(C)(5) , extend the Agreement term through July 18, 2026, increase compensation in the not-to- exceed amount of $617,000 for the current term, and approve the second renewal term in the not-to-exceed amount of $105,000.

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

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

2. The City Council hereby determines that amendment of the Agreement and waiving of the bidding are exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines section 15378(b)(5) as it is not defined as a project and will not result in a direct or reasonably foreseeable indirect physical change in the environment.

3. The City Council hereby approves amendment of the Agreement to extend the term through July 18, 2026; to provide additional compensation of $ 617,000 for the current term, to provide compensation for the second renewal term in the not -to-exceed amount of $105,000; and to waive the bidding requirements in accordance with ECMC section 3.20.010(C)(5).

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

02/11/25 CC Agenda
Reso – Amend AEP LLC (Veh. Outfitting Svcs.) 013025

City Council
Agenda Report
Agenda Item 5.

DATE: February 11, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Sara Diaz, Director of Information Technology
SUBJECT: Audio Video Upgrades - Project Acceptance
RECOMMENDATION:

That the City Council:

Accepts the Audio Video Upgrades project, Contract #30000245; and1.

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

2. BACKGROUND:

On June 11, 2024, the City Council awarded the contract for Audio Video Upgrades Re-Bid to EIDIM, Inc. This project included audio video improvements to three rooms at the Public Safety Center: the Community Room, Police Training Room and Police Communications Center.

EIDIM completed the project on January 21, 2025.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

This action is exempt from the California Environmental Quality Act ("CEQA") in accordance with section 15301 of the State CEQA Guidelines because it involves the operation and maintenance of existing equipment.

FISCAL IMPACT:

This project is budgeted in ARPA Cybersecurity (201590-9010-ARP02) with ARPA funds. The total contract expenditure is $299,997.10.

Prepared By: Sara Diaz, Director of Information Technology Reviewed By: N/A
Approved By: Graham Mitchell, City Manager
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City Council
Agenda Report
Agenda Item 6.

DATE: February 11, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Jeremiah Larson, Chief of Police
SUBJECT: FY 2024 U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) Award
RECOMMENDATION:

That the City Council takes the following actions:

Authorizes the City Manager, or designee, to accept the FY 2024 U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $34,792 and to execute any grant documents and agreements necessary for the receipt and use of these funds; and

1. Appropriates $34,792 of the FY 2024 U.S. Department of Justice JAG Grant for the purchase of equipment related to the Real Time Crime Center (RTCC).

2. BACKGROUND:

This marks the 20th year that the City of El Cajon Police Department has participated in the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant Program. This grant is awarded annually to state and local government agencies to support a broad range of criminal justice-related activities. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, and information systems for criminal justice programs. Over the years, these grant funds have been used by the El Cajon Police Department to fund specialized training and equipment. This grant does not require local match funding or a public hearing.

On December 4, 2024, the City of El Cajon received notification that the FY 2024 JAG grant application was approved. This grant will allow for the establishment of a RTCC with the purchase of two desktop computers, eight monitors, two video switches, and two 98” video displays. The RTCC will be a cutting-edge, centralized hub that integrates technology, real-time data analysis, and communication to streamline and enhance police response efforts.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The approval of the FY 2024 JAG grant for the purchase of computer equipment, monitors and video displays to establish a RTCC is not subject to the California Environmental Quality Act (“CEQA") because it does not constitute a project. Pursuant to State CEQA Guidelines section 15378(b)(5), the purchase of equipment is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment.

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FISCAL IMPACT:

The FY 2024 JAG Grant (JAG24) will provide $34,792 in additional funding to the Police Department and will not impact the City's General Fund. No matching funds are required for this grant. This grant funding will be used by the El Cajon Police Department for the project listed above or as modified and approved by the granting agency.

Prepared By: Amanda Penaflor, Senior Management Analyst Reviewed By: Jeremiah Larson, Police Chief
Approved By: Graham Mitchell, City Manager
Attachments
JAG24 Award Details
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance

Washington, D.C. 20531

Name and Address of Recipient: CITY OF EL CAJON 200 CIVIC CENTER WAY, 5TH FLR

City, State and Zip: EL CAJON, CA 92020

Recipient UEI: GUANBKQWK6J3
Project Title: Real-Time Crime Center
(RTCC) Award Number: 15PBJA-24-GG-04975-JAGX
Solicitation Title: BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation Federal Award Amount: $34,792.00 Federal Award Date: 12/4/24 Awarding Agency: Office of Justice Programs
Bureau of Justice Assistance
Funding Instrument Type: Grant
Opportunity Category: O
Assistance Listing:

16.738 - Edward Byrne Memorial Justice Assistance Grant Program Project Period Start Date: 10/1/23 Project Period End Date: 9/30/27 Budget Period Start Date: 10/1/23 Budget Period End Date: 9/30/27 Project Description:

Our city faces an increasing demand for more effective and immediate responses to active criminal incidents. To address this challenge, we propose the creation of a Real-Time Crime Center (RTCC). The RTCC will be a cutting-edge, centralized hub that integrates technology, real-time data analysis, and communication to streamline and enhance police response efforts.

The RTCC will leverage live feeds from traffic cameras, surveillance systems, and license plate readers, combined with real-time data from patrol units and other sources, to provide officers with up-to-the-minute intelligence during critical incidents. This comprehensive approach will allow for faster, more informed decision- making, optimizing resource allocation and enhancing situational awareness.

Page: 1 of 4
I
I
I I
I
Award Information
Application Number
GRANT14284839
Funding Instrument Type:

Grant
Award Number
15PBJA-24-GG-04975-JAGX
Supplement Number
00 Award Acceptance Date
01/24/2025 05:48 PM EST
Assistance Listings Number Assistance Listings Program Title

16.738 Edward Byrne Memorial Justice Assistance Grant Program Statutory Authority
Pub. L. No. 90-351, Title I, Part E, subpart 1 (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a).

Page: 2 of 4
Current Authorized Representative
Title of Authorized Representative
no value
Name of Authorized Representative
Bill Wells
Solicitation Information
Solicitation Title
2024 BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation Project Title
Real-Time Crime Center (RTCC)
Project Description
Our city faces an increasing demand for more effective and immediate responses to active criminal incidents. To address this challenge, we propose the creation of a Real-Time Crime Center (RTCC). The RTCC will be a cutting-edge, centralized hub that integrates technology, real-time data analysis, and communication to streamline and enhance police response efforts.

The RTCC will leverage live feeds from traffic cameras, surveillance systems, and license plate readers, combined with real-time data from patrol units and other sources, to provide officers with up-to-the-minute intelligence during critical incidents. This comprehensive approach will allow for faster, more informed decision-making, optimizing resource allocation and enhancing situational awareness.

Page: 3 of 4
Project Budget Summary
This award did not receive a budget review as indicated by the budget review selection made when publishing a solicitation.Page: 4 of 4 City Council
Agenda Report
Agenda Item 7.

DATE: February 11, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Mara Romano, Purchasing Agent
SUBJECT: Contract Amendment for RFP No. 028-24 – Oakdale Alameda Construction Management Services
RECOMMENDATION:

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

Appropriate $311,746.25 of Transnet EL03 funds to the Jamacha Road Safety Improvements (203688PWCP) project for the purpose of increasing the project budget;

1. Waive the bidding requirements in accordance with El Cajon Municipal Code section

3.20.010(C)(6); and

3. BACKGROUND:

On February 13, 2024, the City Council awarded RFP #028-24, Oakdale Alameda Construction Management Services, to UEI in an amount not to exceed $550,448.95. On July 11, 2024, the City Manager approved the addition of materials testing services to the scope of work in the not-to-exceed amount of $30,000. On November 19, 2024, the City Council authorized increasing the contract in the not-to-exceed amount of $113,916.38 through December 31, 2025.

The Engineering Services Department submitted the attached memorandum, dated January 30, 2025, with justification for a sole source procurement for the added project services. As a result of the requested increase and additional location added to the scope of work, this procurement is recommended as an exception to the City’s competitive bidding requirement pursuant to ECMC section 3.20.010(C)(6), finding that the bidding procedures of chapter 3.20 may be waived, and an open market purchase pursuant to section 3.20.110 may be authorized for all expenditures involving a public project.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed contract amendment is exempt from the California Environmental Quality Act ("CEQA") in accordance with State CEQA Guidelines section 15378(b)(5) because they are administrative activities of government that will not result in direct or indirect physical changes in the environment.
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FISCAL IMPACT:

Approval of the $311,746.25 increase will supplement the contract, for a total not-to-exceed amount of $1,006,111.58. Funds are available in Jamacha Road Safety Improvements project (203688PWCP) and contingent upon approval of additional funding.

This action will increase appropriations to Jamacha Road Safety Improvements by $311,746.25 using Transnet EL03 funds to accommodate the contract amendment described in the attached memorandum.

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

Page 1 of 2 ends

RESOLUTION NO. ___-24

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

CONTRACT FOR THE OAKDALE ALAMEDA BEAUTIFICATION PROJECT

CONSTRUCTION MANAGEMENT SERVICES AND

APPROVING AN AMENDMENT THEREOF
(RFP No. 028-24)

WHEREAS, the Oakdale Alameda Beautification Project (the "Project") involves work in the existing right-of-way in the City of El Cajon (the "City") (along Oakdale Avenue, Madison Avenue, and Walter Way, between Madison Avenue and Main Street) by transforming existing deteriorating streets to a vibrant, safe, and "green" public space that fosters accessible pedestrian connections; and

WHEREAS, on February 13, 2024, the City Council awarded R equest for Proposals No. 028-24 for Oakdale Alameda Construction Management Services ("RFP No. 028-24") for the Project to Unico Engineering Inc. ("UEI") in an amount not to exceed $550,448.95 (the "Contract"); and

WHEREAS, on July 11, 2024, the City Manager approved the addition of materials testing services to the scope of work, in the not-to-exceed amount of $30,000; and

WHEREAS, on November 19, 2024, the City Council authorized an increase in compensation in the not -to-exceed amount of $113,916.38 for the period of January 1, 2025 through December 31, 2025, for construction management and inspection services through the completion of the Project; and

WHEREAS, a similar project has been bid for the Jamacha Road Safety Improvements project (203688PWCP) ("Bid No. 015- 25"), in close proximity to the Project, and construction management services are necessary for project number 203688PWCP, affording staff the unique opportunity to benefit from the services available from UEI for this second project; and

WHEREAS, staff now recommends an amendment to the Contract to engage UEI to perform construction management services, thereby providing efficiencies in services, by the following actions: (1) that $311,746.25 of Transnet EL03 funds be appropriated to the construction management services project for the purpose of increasing the project budget; and (2) that the Contract combine construction management services with UEI for the work to be performed under Bid No. 015-25 and the Contract in order to expedite the completion of both projects; and

WHEREAS, City's Engineering Services department has recommended that the City enter into a sole source procurement for added project services as a result of the requested increase and additional location added to the scope of work, as an exception to the City’s competitive bidding requirement pursuant to ECMC section 3.20.010(C)(6), finding that the bidding procedures of Chapter 3.20 may be waived, and an open market

Page 2 of 2 ends

purchase pursuant to section 3.20.110 may be authorized for all expenditures involving a public project; and

WHEREAS, approval of the $311,746.25 increase will supplement the C ontract compensation, for a total not -to-exceed compensation amount of $1,006,111.58, and funds are available in Jamacha Road Safety Improvements project (203688PWCP) project and contingent upon approval of additional funding; and

WHEREAS, these actions are exempt from the California Environmental Quality Act pursuant to state CEQA Guidelines section 15 378(b)(5) as they are administrative activities of government that will not result in direct or indirect physical changes in the environment.

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 15378(b)(5) as these actions are administrative activities of government that will not result in direct or indirect physical changes in the environment.

3. The City Council hereby approves amendment of the Contract to appropriate $311,746.25 of Transnet EL03 funds to provide construction management services for Bid No. 015-25 for the purpose of increasing the project budget;

4. The City Council hereby further approves the combination of construction management services for Bid No. 015-25 with RFP No. 028-24 in order to expedite both projects.

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

6. 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.

02/11/25 CC Agenda
Reso – RFP 028-24 – 2nd Amend Oakdale Alameda Construction Mgmt Svcs Contract (Unico) 020425

C I T Y O F E L C A J O N

M E M O R A N D U M

DATE: January 30, 2025

TO: Honorable Mayor and City Council members

FROM: Mara Romano, Purchasing Agent

SUBJECT: Contract Amendment for Oakdale Alameda Construction Management Services (233785PWCP) with Unico Engineering, Inc.

RECOMMENDATION:

That the City Council:

1. Adopt the next Resolution, in order to approve a contract amendment to increase the Oakdale Alameda Construction Management Services (233785PWCP) with Unico Engineering, Inc. in the amount of $311,746.25; and

2. Appropriate $311,746.25 of Transnet EL03 funds to the Jamacha Road Safety Improvements Project ( 203688PWCP) for the purpose of increasing the Oakdale Alameda Construction Management Services (233785PWCP) contract.

BACKGROUND:

On February 13, 2024, City Council approved the award of RFP No. 028 -24: Oakdale Alameda Construction Management Services to Unico Engineering, Inc. to deliver construction management and inspection services for the Oakdale Alameda Beautification Project (233785PWCP). The Oakdale Alameda Beautification Project consists of revitalizing and enhancing the existing City right-of-way (along Oakdale Avenue and Madison Avenue and Walter Way, between Madison Avenue and Main Street) to vibrant, safe, and green spaces, which is consistent with City Council’s goals to beautify City Entryways.

This is a request to enter into a sole source type of agreement with Unico Engineering, Inc. and increase their contract in an amount no t to exceed $311,746.25, which will address additional construction management and inspection services pertaining to beautifying City entryways of projects in close proximity.

The Jamacha Road Safety Improvements Project ( 203688PWCP) is in close proximity to the Oakdale Alameda project, which requires outside construction management and inspection services due to the unforeseen departure of internal inspection staff. The Jamacha Road Safety Improvements Project is set to start construction in January 2025 and be completed by April 2025. In order to expedite the construction of beautification to entryways, staff recommends for City Council to approve the contract amendment with Unico Engineering, Inc. due to the following reasons:

1. Unico Engineering Inc. is able to continue with construction management and inspection services with the same contractor for both projects, Blue Pacific Engineering, with overlapping timeframe.

2. The work performed by Unico Engineering Inc. on the Jamacha Road Safety Improvements Project

involves the same scope of work as the Oakdale Alameda Beautification Project.

3. Unico Engineering Inc. has staff available to perform the required construction management and inspection work.

4. All of the reasons above will provide an effective and cost efficient process that would be in the best interest of the City.

FISCAL IMPACT:

Approval of the $ 311,746.25 contract amendment to increase the Oakdale Alameda Construction Management Services (233785PWCP) with Unico Engineering, Inc. will supplement the contract for a total not-to-exceed amount of $1,006,111.58 ($694,365.33 current contract). Funds are available in Fiscal Year 2024-25 Annual Budget: Jamacha Road Safety Improvements Project ( 203688PWCP) and contingent upon approval of additional Transnet EL03 funding.

City Council
Agenda Report
Agenda Item 8.

DATE: February 11, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Mara Romano, Purchasing Agent
SUBJECT: Award of Bid No. 019-25 – Pavement Overlay 2023 RECOMMENDATION:

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

Approve Plans and Specifications for Overlay 2023, Bid No. 019-25; and1.

Award the bid to the lowest responsive, responsible bidder, Eagle Paving, LLC, in the amount of $5,748,000.

2. BACKGROUND:

The Overlay 2023 project encompasses the reconstruction and resurfacing of several collectors and thoroughfares throughout the City of El Cajon.

This bid was advertised on December 13, 2024. The City received eight responses on January 21, 2025, and evaluated the three lowest submissions.

The specifications include two Additive Alternates (AA) which cover the expansion of scope and paving limits with full-width, 0.2-foot deep mill-and-pave overlay and striping improvements for:

AA #1: minor arterials and local/residential classified streets; and AA #2: local/residential classified streets.

The California Public Contract Code allows the City to specify which award method will be utilized to determine the lowest bid. Per the bid specifications, the lowest bid shall be determined based on the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation as being used for the purpose of determining the lowest bid price. For the purpose of evaluating this bid, both additive items were identified as being used for the purpose of determining the lowest bid. Even though the items are considered for this purpose, this language does not require the City to include the additive items in the contract after the lowest responsible bidder has been determined.

After examining the bids, both Additive Alternates will be included in the award.

Staff recommends the City Council adopts resolutions to (1) Approve the plans and specifications for the service, and (2) Award the bid to the lowest responsive, responsible bidder, Eagle Paving, LLC, in the amount of $5,748,000 – ($4,840,331.85-Base Bid, $560,756.57-Additive Alternate #1, $346,911.58-Additive Alternate #2). .!!!!_ Valley of opportunity
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CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed street resurfacing project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines section 15301(c) because it involves the maintenance of existing public facilities.

FISCAL IMPACT:

The fiscal impact is $5,748,000. Sufficient funds are available in the Fiscal Year 2024-25 Overlay 2023 (233786PWCP) budget.

Prepared By: Mara Romano, Purchasing Agent
Reviewed By: Yazmin Arellano, Director of Engineering Services Approved By: Graham Mitchell, City Manager
Attachments
Resolution - Plans & Specs
Resolution - Award
Bid Summary - 019-25

Page 1 of 1 ends

RESOLUTION NO. ___-25

RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR OVERLAY 2023
(Bid No. 019-25)

WHEREAS, the Director of Engineering Services has submitted plans and specifications for the Resolution Awarding Bid for the Overlay 2023 project (Bid No. 019- 25) (the "Project"); and

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

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

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

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

02/11/25 CC Agenda
Reso – Bid No. 019-25 – Overlay 2023 – Plans & Specs (Eagle Paving) 020325

Page 1 of 2 ends

RESOLUTION NO. ___-25

RESOLUTION AWARDING BID
FOR OVERLAY 2023
(Bid No. 019-25)

WHEREAS, the Overlay 2023 project (the "Project") encompasses the reconstruction and resurfacing of several collector streets and thoroughfares throughout the City of El Cajon (the "City"); and

WHEREAS, Bid 019-25 (the "Bid") was advertised on December 13, 2024, and the City received eight (8) responses on January 21, 2025, of which the three lowest submissions were evaluated; and

WHEREAS, the Bid specifications incl ude two Additive Alternates ("AA") which cover the expansion of scope and paving limits with full -width, 0.2-foot deep mill -and- pave overlay and striping improvements for: (1) AA #1: minor arterials and local/residential classified streets; and (2) AA #2: local/residential classified streets; and

WHEREAS, the California Public Contract Code allows the City to specify which award method will be utilized to determine the lowest bid, and per the bid specifications, the lowest bid shall be determined based on the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation as being used for the purpose of determining the lowest bid price; and

WHEREAS, the B id specifications specifically identified both Additive Alternates as being included in the determination of the lowest bids; and

WHEREAS, this language does not preclude the City from adding or deducting any additive items after the lowest responsible b idder has been determined, and a fter examining the bids, both Additive Alternates will be included in the award; and

WHEREAS, the fiscal impact of the Project is $5,748,000, and sufficient funds are available in the Fiscal Year 2024-25 Overlay 2023 (233786PWCP) budget; and

WHEREAS, staff recommends the City Council awards the Bid to the lowest responsive, responsible bidder, Eagle Paving, LLC ("Eagle"), in the amount of $5,748,000, which includes the base bid of $4,840,331.85, $560,756.57 for AA #1, and $346,911.58 for AA #2; and

WHEREAS, the proposed 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; and

WHEREAS, the City Council believes it to be in the best interest of the City to award the Bid to Eagle for the total compensation amount of $5,748,000, as recommended by staff.

Page 2 of 2 ends

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

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

2. The proposed 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.

3. The City Council hereby awards the bid to the lowest responsive, responsible bidder, Eagle Paving, LLC, for the total compensation amount of $5,748,000, which includes the base bid of $4,840,331.85, $560,756. 57 for AA #1, and $346,911.58 for AA #2.

4. The City Manager, or designee, and City Clerk are authorized and directed to execute a n contract for the Project on behalf of the City (the " Contract"), 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 Contract , and other documents necessary or appropriate to carry out the terms of the Contract.

02/11/25 CC Agenda
Reso – Bid No. 019-25 – Overlay 2023 - Award (Eagle Paving) 020325

City of El Cajon – Purchasing Division

BID EVALUATION
(To be included as an attachment to the agenda report.) Bid No. 019-25 Bid Name: Overlay 2023

Solicitation Due Date/Time: January 21, 2025/ 2:00
p.m.

Initial Date of Advertisement: December 13, 2025

Number of Responses Received: 8

Bid Estimate: $5,700,000

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

Below is a breakdown of the Base Bid and Additive Alternate(s)

BID EVALUATION (TOP THREE LOWEST RESPONSES):

Bidder Bid Responsiveness Notes
Eagle Paving, LLC Yes
Rove Engineering, INC. Yes
Martin Marietta San Diego Aggregates, LLC
dba ATP General Engineering Contractors
Yes

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

RENEWAL OPTIONS: YES  NO  IF YES, SPECIFY TERM W/RENEWAL OPTIONS: _____________________________ LOWEST, RESPONSIVE, RESPONSIBLE BIDDER NAME AND AMOUNT: EAGLE PAVING, LLC - $4,840,331.85 (BASE BID) $560,756.57 (ADDITIVE ALTERNATE #1) $346,911.58 (ADDITIVE ALTERNATE #2) PURCHASING DIVISION:

Review Completed By: Mara Romano Date: January 29,2025

~~
~ leyq/Opportu"lly
. ~ . .,. "' '°ci ~' 0"/Jorate',\ '\'.

Vendo r Vendo r Type Bid Amount Forma t Submit Date
Eagle Paving LLC CADIR $5,748,000.00 Electro nic 01 /2 1/2 025 11:3 3:28 AM Rove Enginee ring, Inc DBE, CADI R $5,875,558.36 E ectro nic 01 /2 1/2 025 12:48:29 PM A P General Engineering Contr actor~ CADIR $6,357,874.91 Electron ic 01 /2 1/2 025 1 :36:02 PM Hazard Construct ion Engr LLC CADIR $6,983,962.45 Electronic 01/2 1/2 025 1 :28:39 PM TC Construct ion Compa ny, Inc. $6,999,033.56 E ectro nic 01 /2 1/2 025 1 :35:36 PM Calmex Engineering, Inc. $7,043,997.44 E ectron ic 01 /2 1/2 025 1 :43:32 PM RAL Investment Corporation $8,165,453 .88 E ectro nic 01 /2 1/2 025 1 :57:32 PM ONYX PAVING COMPANY INC. $8,888,000.00 Electron ic 01 /2 1/2 025 1 :35:51 PM IVlartm IVlarien a
SD Agg regate,s, Hazard
Rove LLC dba ATP Con,st ructio TC Con,structio n Calm e.,c RAL Invest ment Ony,c Pav ing Eag le Pavi ng LLC Engineer ing, Inc Ge,n. Eng. Eng r LLC Company, Inc. Engi nesering, Inc. Corporat ion Compan y, Inc.

Base Bid $4,840, 331.85 $4,781 ,105.11 $5,486, 754. 28 $5, 984, 778.25 $5, 819, 289 .46 $5, 762, 977.55 $6,746 , 817.39 $7, 227,000.00 Add it ive Alt ern ate #1 $560, 756 .57 $627, 680.69 $523 , 733.83 $62 1,4 64.20 $730, 265 .00 $770, 322.39 $738, 771.53 $1, 033,000.00 Add it ive Alternat e #2 $346,911. 58 $466, 772 .56 $34 7, 386.80 $377, 720. 0 0 $449 ,479.10 $510, 697 .50 $679 , 864. 96 $628,000.00 $5, 748,000.00 $5, 875,558.36 $6, 357, 874.91 $6, 983, 962 .45 $6, 999,033 .56 $7,043 , 997.44 $8,165,453.88 $8,888,000.00 City Council
Agenda Report
Agenda Item 9.

DATE: February 11, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Jeremiah Larson, Chief of Police
SUBJECT: FY 2024 Coverdell Forensic Science Improvement Grant Award RECOMMENDATION:

That the City Council take the following actions:

1. Appropriate funding of $51,136 for one part-time Forensic Latent Print Examiner and overtime expenses for one Forensic Evidence Technician.

2. BACKGROUND:

Each year, the California Office of Emergency Services awards Forensic Science Improvement Grants to local jurisdictions to improve the quality, timeliness, and credibility in the field of forensic science.

The El Cajon Police Department Forensic Lab plans to utilize this year's grant funding for personnel expenses related to one part-time Forensic Latent Print Examiner and overtime expenses for one Forensic Evidence Technician.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The approval of the FY 2024 Paul Coverdell Forensic Science Improvement Program Grant fund for Police Department personnel and overtime expenses is not subject to the California Environmental Quality Act ("CEQA") because it does not constitute a project. Pursuant to State CEQA Guidelines section 15378(b)(5), it is a continuing administrative activity of government that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT:

The FY 2024 Coverdell Forensic Science Improvement Grant Award (CVRDLL24) will provide $51,136 in additional funding to the Police Department and will not impact the City's General Fund. No matching funds are required for this grant. These grant funds will be used by the El Cajon Police Department Forensic Lab for the projects listed above or as modified and approved by the granting agency.
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Prepared By: Amanda Penaflor, Senior Management Analyst Reviewed By: Jeremiah Larson, Police Chief
Approved By: Graham Mitchell, City Manager
Attachments
Application Information Summary

GAVIN NEWSOM NANCY WARD

GOVERNOR

DIRECTOR
The California Governor's Office of Emergency Services (Cal OES) is soliciting applications for the following Non-Competitive Funding Opportunity:

Program:

Paul Coverdell - CQ24
Description:

The 2024 Paul Coverdell Forensic Sciences Improvement Grant affords qualifying forensic laboratories in California an opportunity to improve their efficiency and effectiveness to provide forensic science services through the improvement of the quality and timeliness of forensic services, the reduction of backlogged cases, accreditation of forensic science labs, and address emerging forensic science issues.

Grant Subaward Performance Period
Apr 01, 2025 - Mar 31, 2026
Eligible Applicant:

City of El Cajon - Police Department
Authorized Agent:

Amanda Penaflor, Sr. Management Analyst
Available Funding Source(s) Allocation:

Funding Source Name Fiscal
Year Type Amount
Available
Match Amount
Available
Available
Funding Total
2024 FSIA 2024 Federal $51,136 $0 $51,136
$51,136 $0 $51,136
Required Grant Subaward Assurances:
Standard Certification of Compliance
Program Standard Assurance Addendum
Federal Fund Grant Subaward Assurances - 2024 FSIA.pdf Application Due Date:

Feb 03, 2025
CalOES

GOVERNOR'S OFFICE

OF EMERGENCY SERVICES
City Council
Agenda Report
Agenda Item 10.

DATE: February 11, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Graham Mitchell, City Manager
SUBJECT: Interviews for City Commissions
RECOMMENDATION:

BACKGROUND:

Applications received from the candidates were provided to the City Council for consideration.

Applicants were informed of the opportunity to make a three-minute presentation during the interview process, followed by a question and answer period by Council.

Personnel Commission
Vacancy: One (1) Commissioner vacancy to be appointed by the City Council directly, with a term expiring on 01/31/2029.

Requirements: Applicant must be a resident of the City of El Cajon and continue to reside in the City during the term of office.

Personnel Commissioners are required to file a Form 700 according to provisions of the Political Reform Act, the Fair Political Practices Commission, and the City's Conflict of Interest Code.

APPLICANT:

Kurt Brauer1.

Planning Commission
Vacancy: One (1) Commissioner with a Term expiration of 01/31/2029.

Requirements: Applicant must be a resident of the City of El Cajon and continue to reside in the City during the term of office.

Planning Commissioners are required to file a Form 700 according to provisions of the Political Reform Act, the Fair Political Practices Commission, and the City's Conflict of Interest Code.
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APPLICANT:

Darrin Mroz1.

Staff recommends accepting applications for all Commissions and Committees on an ongoing basis. The accepted applications will be kept on file for a one-year period, and applicants will be considered for any future, unforeseen vacancies.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

This action is not subject to the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines section 15378(b)(5), because it is an organizational activity of government that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT:

Members of the Planning and Personnel Commissions are compensated for meetings attended.

Prepared By: Angela Cortez, City Clerk
Reviewed By: N/A
Approved By: Graham Mitchell, City Manager
Attachments
Personnel - Brauer
Planning - Mroz
-·-·-·-·-·-·-·-·-·-·-·-·-·-
I Date Received:

I
I
I
Z}uf'I llt, 1 ~l),3;17~/vJ
-·- - -·-·- - --~·--'

PERSONNEL COMMISSION APPLICATION
Thank you for your interest in serving the community as a member of the El Cajon Personnel Commission.

Name: Kurt Brauer Date: January 15. 2025
Personnel Commission Requirements:

1. Residency: According to Section 2.24.030 of the El Cajon Municipal Code. applicants must be a resident of the City at the time of applying for a commission and continue to reside in the City during the term of office. Applicants nominated by the employee associations are not subject to this requirement according to Section 2.24.110 of the El Cajon Municipal Code.

2. Conflict of Interest Code: Personnel Commissioners are required to file a Form 700 according to provisions of the Political Reform Act;, the Fair Political• Practices Commission, and the City's Conflict of Interest Code.

Additional Requirements {Please check the position you are applying for}:
* 2 members appointed by the City Council from a list of 3 persons nominated by employees in the Classified Service, except when an incumbent is to be re-nominated, then 1 name may be submitted.

E%] ** 2 members appointed by Council directly.

D *** 1 member appointed by Council from a list of 3 persons nominated by the four appointed members, except when an incumbent is to be re-nominated, then 1 name may be submitted.

The following questions represent the minimum qualifications to serve on the El Cajon City Personnel Committee:

Are you a resident of the City of El Cajon? Yes~ No D
How long have you lived in El Cajon? 55 Years
Are you available for meetings in the: Mornings D Evenings D Both~ APPLICATIONS ARE ACCEPTED ON AN ONGOING BASIS UNTIL A SEAT IS AVAILABLE.

NOTE: Once a public service application is filed with the City, it becomes a public record and is available to the public.

GENERAL INFORMATION
Selection Process: The City Council will consider applications received and interviews will be scheduled accordingly.

OFFICE OF THE CITY CLERK 200 Civic Center Way, El Cajon, CA 92020 619-441-1763 -·-·-·-·-·-·-·-·-·-·-·-·-·-
~ Applicant's Name: 1
~ Kurt Brauer
1---·-·-·-·-·-·-·-·-·-·-·-·'
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NAME: Kurt Brauer
ADDRESS: El ca·on CA 92020
PHONE: EMAIL:
rjyi,',i:chi,i:Ji(i #I PftJj,jiJ:~moril11fr/rmq#bh fo• anjiojthefoilowing·questionnaires, please attach addttiona1 vaoestot1,.1s ai,i,11cationfofm. ~ -~ - ~ - T ~ -n7 ~ - - ~ ~ - ~= - ~ - -
I . SWRRllliEl'vlENffiA.U ~WESIBl©NNAIRE" C C <
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EXPLAIN YOUR INTEREST IN THIS POSITION:

I have lived in El Cajon for fifty-five years. I enjoy involvement in my local community and regularly attend City Council meetings. I was appointed to the Personnel Commission for a four-year term from 03-09-21 through 01- 31-25 and would like to serve a second term. I retired in December 2020 and have time to dedicate to this service to my community.

OFFICE OF THE CITY CLERK 200 Civic Center Way, El Cajon, CA 92020 619-441-1763 Have you been or are you now a member of a governmental board, commission or committee: Yes ltJ No D
If Yes, please list:

I was a member of the Traffic Commission in el Cajon for two years, and served on the El Cajon Police Department Committee under Chief Jeff Davis.

Personnel Commissioner, City of El Cajon: 09-09-21 through 01-31-2025.

Are you related to any employees of the City of El Cajon? Yes D No 1)(1 If Yes, please indicate name and relationship:

Are you a registered voter? Yes 00 No D
If No, please explain:

OFFICE OF THE CITY CLERK 200 Civic Center Way, El Cajon, CA 92020 619-441-1763 Please list your education, training, or special qualifications, which might be relevant to this position:

After forty-two years, I retired from Grossmont Cuyamaca College District in December 2020. I served on many campus committees for six years, · including the classified Professionals (CESA) President, chief negotiator, chief job Stuart, and benefits committee. At Grossmont College, I was a custodian (4 years), grounds Maintenance Senior (22 Years), And Grounds and maintenance supervisor (16 years)
Please list your membership in service, community organizations or volunteer work that might be relevant to this position:

El Cajon Personnel Commissioner
El Cajon Police Department Citizen Board
OFFICE OF THE CITY CLERK 200 Civic Center Way, El Cajon, CA 92020 619-441-1763

EMPLOYMENT - CURRENT TO PAST
Name of Employer: Grossmont College
Last job title: Maintenance Supervisor
Dates of Employment: From: 8/17 /78 To: 12/18/20
List the duties performed while you worked at this company:

See attached.

Name of Employer:

Last job title:

Dates of Employment: From: To:

List the duties performed while you worked at this company:

Name of Employer:

Last job title:

Dates of Employment: From: To:

List the duties performed while you worked at this company:

By signing below, I J< /:tl.fl.f :};,A.rt µE-4--, certify that the information is true and correct to the best of my knowledge.

OFFICE OF THE CITY CLERK 200 Civic Center Way, El cajon, CA 92020 619-441-1763 Bl
G ROSSMONT·CUYAMACA
CoMMUNrrv CoHEGE DISTRICT
CLASS TITLE: GROUNDS & MAINTENANCE SUPERVISOR
SUMMARY:

RANGES-I
Under the direction of the assigned administrator, perform a variety of responsible duties related to the management of all facilities, grounds maintenance, maintenance operations and activities; organize, schedule, assign and review maintenance work; supervise and evaluate the performance of assigned staff.

ESSENTIAL FUNCTIONS:

Organize, coordinate and oversee day-to-day maintenance activities to assure the proper and efficient maintenance and repair of district buildings, facilities, and related equipment.

Supervise and evaluate the performance of assigned staff; assign and review work and participate in the selection of new personnel as assigned.

Assist in the coordination of facilities related projects that may include outside contractors and multiple in-house trades (i.e., plumbing, HVAC, carpentry, irrigation, landscaping, concrete, locksmith, painting and mechanical).

Develop and prepare work schedules; review maintenance reports or requests; prioritize and coordinate duties and assignments to assure effective workflow and facilitate operations.

Prepare and maintain records, files, logs and reports related to personnel, inventory, supplies, work requests and work performed.

Inspect and assure the proper maintenance of tools and equipment; requisition tools and supplies.

Analyze and estimate materials and labor costs for maintenance projects.

Routinely coordinate with assigned administrator concerning the prioritization and status of work orders.

SECONDARY FUNCTIONS:

Conduct inspections of buildings, grounds, irrigation systems, and facilities to determine maintenance and repair needs; recommend the removal of fire, safety or health hazards.

Participate in the establishment and implementation of a systematic preventive maintenance program.

Assist in planning the landscaping of the campus, installation of irrigation systems, and the construction of concrete sidewalks and paved areas.

Communicate with vendors, contractors and State and County inspectors regarding maintenance operations and activities.

GROUNDS & MAINTENANCE SUPERVISOR - Continued Page2
Maintain departmental area(s) in a safe, clean and orderly condition; assure compliance with established safety procedures and regulations.

Perform related duties as assigned.

KNOWLEDGE AND ABILITIES:

KNOWLEDGE OF:

Methods, equipment and materials used in the various maintenance trades including carpentry, electrical, plumbing, HVAC, glazing, motors, irrigation and landscaping.

Principles and practices of supervision, training and evaluation of personnel.

Methods, equipment and materials used in the maintenance and repair of related equipment.

Methods of planting, propagating, cultivating, pruning and caring for lawns, trees, shrubs, plants and flowers.

Chemicals, methods and procedures used to control plant diseases and pests common to the area.

Proper use and maintenance of tools and equipment.

Requirements of maintaining facilities and grounds in a safe, clean and orderly condition.

Applicable State, County and City laws, rules, codes and regulations related to grounds and maintenance operations.

Parts inventory and control procedures.

ABILITY TO:

Organize, coordinate and oversee grounds maintenance and maintenance operations and activities.

Train, supervise and evaluate personnel.

Assign and review the work of others.

Plan and organize work; prioritize and schedule work.

Inspect grounds and facilities for maintenance and repair needs and fire, safety and health hazards.

Communicate effectively both orally and in writing.

Work from blueprints, shop drawings and sketches.

Maintain records and prepare reports; maintain automated work order system.

Assist in landscape and irrigation planning.

Observe and assure compliance with health and safety practices and procedures.

Lift objects weighing up to 80 pounds.

Observe legal and defensive driving practices.

Establish and maintain cooperative and effective working relationships with others.

Operate a personal computer in an effective manner consistent with requirements of the position.

GROUNDS & MAINTENANCE SUPERVISOR - Continued Page3
EDUCATION:

Graduation from high school or equivalent supplemented by formal training in business or a related field.

EXPERIENCE:

Increasingly responsible grounds maintenance and/or maintenance related experience including experience in a lead or supervisory capacity.

LICENSES AND OTHER EQUIPMENT:

Valid California driver's license and ability to qualify for district vehicle insurance coverage.

WORKING CONDITIONS:

Work includes indoor and outdoor environment; subject to heavy lifting, climbing, and working with toxic chemicals, fumes, dust and noise. Lift objects weighing up to 80 pounds.

Est. 5/02
Rev. 02/05
Rev. 06/05
.-,-·-•--,~·-·-·-·-·-·-·-·-
I • • d i Date Receive :

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L--·-·-·-·-·-·-·-·-·-·-

PLANNING COMMISSION APPLICATION
Thank you for your interest in serving the community as a member of the El Cajon Planning Commission.

Name: Darrin Mroz Date: 01/20/2025
The following questions represent the minimum qualifications to serve on the Planning Commission:

Are you a resident of the City of El Cajon? Yes Q No D
How long have you lived in El Cajon? _2~0~y_e~ar~s _______ _ APPLICATIONS ARE ACCEPTED ON AN ONGOING BASIS UNTIL A SEAT IS AVAILABLE.

NOTE: Once a Planning Commission application is filed with the City, it becomes a public record and is available to thepublic.

GENERAL INFORMATION
Term of Office & Position Type: The term of office & position type are to be determined.

City Council: The City of El Cajon is a charter city with a popularly elected mayor and a council manager system of government. The five City Council members are elected for overlapping four year terms with elections held in November of even-numbered years.

Form 700: Upon appointment, the candidate is required to file Form 700 according to the provisions of the Political Reform Act, the Fair Political Practices Commission, and the City's Conflict of Interest.

Selectjon Process; The City Council will consider applications received and interviews will be scheduled accordingly.

OFFICE OF THE CITY CLERK 200 Civic Center Way, El Cajon, CA 92020 619-441-1763 1 ;
1· - • - • - • - . - -,.- • . ..; • - ... L -'-'•·-. - • - • - . - • - • --; i Applicant's Name:
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El Cajon, CA 92021
PHONE:

I' -- - - - --=-~:" -.---: . ; L • •• -~ , ' .. 0,". -~ "CC"' °'. •---: -- ., • • ., " • ' '-• - . ' • - • 0 - _ i :,.-- ..-:_ -~:: · - __ , SIJU!BUEMENliilm,IJJES!il·[CllNNl!JJRE - ~ - I - - -C:." "C __ ;:: ,--~: - - - ..-: - - - - __c ...:c ·-=-- - C - - ::: - ' :., ;-- CC~ ' -:::=· - -~ - - . -- - --__c ~ ~ - Are you available for meetings? Mornings D Evenings D BothQ Explain your interest in this position.

I have been serving on planning commission since 2009 and would like to continue Have you been or are you now a member of a governmental board, commission, or committee? Yes xD NoD
If yes, please list:

Current member El Cajon Planning commission
Are you related to an employee of the City of El Cajon? Yes D If yes, please indicate name and relationship:

Are you a registered voter? Yes xD No D
If no, please explain:

NoxD
OFFICE OF THE CHY CLERK 200 Civic Center Way, El Cajon, CA 92020 2 619-441-1763
I

EMPLOYMENT & EDUCATION
Please list education, training, or special qualifications that you believe best qualifies you for this position.

Have been on commission for last 15 years
Please list membership in service or community organizations or volunteer work that might be relevant to this position:

EMPLOYMENT - CURRENT TO PAST
Name of Employer: self employed DJM Insurnce
__________ Last job title: _________________ _
__________ Dates of employment:

From: To:

List the duties performed while you were at this company:

I have owned my owned my own Insurance agency since 2008 Name of Employer: _________________________ _
Last job title: ___________________________ _
Dates of employment: From: To:

List the duties performed while you were at this company:
3 Name of Employer: _________________________ _
Last job title: ___________________________ _
Dates of employment: From: To:

List the duties performed while you were at this company:

Please submit the signed application by mail or in person.

Mail to: City Clerk's Office, 200 Civic Center Way, El Cajon, CA 92020 Your application for the Gillespie Field Development Council will remain on file until an open seat/position is available, at which point you will be contacted with information regarding the interview process.

By signing below, I,_,D,,,a,,_r-'--'ri'--'-n-"M-"-r""oz"------------' certify that the information is true and correct to the best of my knowledge.

SIGNATURE Darrin Mroz DATE 01/20/2025
OFFICE OF THE CITY CLERK 200 Civic Center Way, El Cajon, CA 92020 619-441-1763 4 City Council
Agenda Report
Agenda Item 11.

DATE: February 11, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Deyanira Brito, Senior Management Analyst
SUBJECT: Update on Homeless Programs and Services
RECOMMENDATION:

That the City Council receives the homeless programs and services report and, if desired, provides feedback, recommendations, and direction on homeless-related programming and funding.

BACKGROUND:

This is the biannual update on homeless programs and services. This report provides a summary of programs and services, outcomes, program assessment, recommendations and a conclusion. Program outcomes and expenditures are shown as an attachment to this report. Since January 2020, the City has funded or operated 19 different homeless-related programs (including new programs) or projects, and allocated over $6.6 million in general (local), federal, and state funds to support those programs.

For the past six months, from July 1 through December 31, 2024, expenditures from all funding sources were $453,052. The majority of these were from Federal and State agencies. The General Fund expenditures totaled $101,420, primarily for outreach activities and cleanup events. In the past six months, 1,605 persons received services. Of that total, the following were housed in different housing options:
477 in emergency shelter,
185 in bridge/transitional housing, and
61 in permanent housing.

Summary of Existing Programs and Services
The City's homeless related programs have one of three objectives:

Housing homeless individuals (both temporary and permanent housing),1.

Preventing homelessness, or2.

Addressing community impacts as a result of homelessness.3.

The summary of programs and services includes:

Updates for programs funded in the last six months;1.

Use of various funding sources such as Community Development Block Grant (CDBG), Low and Moderate Income Housing Asset Fund (LMIHAF), Permanent Local Housing

2. .!!!!_ Valley of Opportunity
• • •
Allocation (PLHA) grant funds, the General Fund; and
Program expenditures and outcomes as shown in Attachment 1 of this report in alphabetical order.

3. A Way Back Home Program
The Salvation Army's (TSA) “A Way Back Home” program reunites homeless individuals in El Cajon with their families by providing assistance with transportation, food and sometimes an overnight stay while en route. TSA staff coordinates six-month updates with the receiving family or individual to ensure clients' long-term stability. The program will remain active through the end of FY 2024-2025 with LMIHAF of up to $10,000.

Crisis House Case Management Services for Emergency Sleeping Cabins In May 2024, Crisis House began to provide wraparound services to the clients referred to and placed at the Emergency Sleeping Cabins at Meridian Baptist Church. These services are still active. Crisis House has requested that PLHA funding be allocated for rapid re-housing services (e.g. first and last month's rent). Staff recommends the funding reallocation as long as funds are used to assist individuals and families currently residing at the Emergency Sleeping Cabins located at Meridian Baptist Church. An update will be provided in the next six-month report.

Crisis House Homeless Outreach
On November 10, 2020, the City Council approved $700,000 in CDBG funds to assist Crisis House in acquiring a new site to serve the community of El Cajon. In return for the City's assistance, Crisis House serves El Cajon residents for a 10-year period (expiration year 2031).

From 2021 to present, Crisis House continues to provide services to homeless persons and victims of domestic violence in El Cajon.

East County Homeless Task Force
Since 2019, the City has annually allocated $5,000 from the General Fund to assist in sustaining the East County Homeless Task Force (ECHTF). For the past few years, the ECHTF has not sought funding from the City. The ECHTF plays a role in coordinating efforts in the East County region and helping to understand homeless service needs.

East County Transitional Living Center (ECTLC) Homeless Outreach Services ECTLC provides street-based outreach and case management. Outreach is provided in the form of pop-up events throughout the City to highlight the various programs and resources available at ECTLC, as well as street-based outreach. Persons taking advantage of such services at ECTLC also receive person-centered case management that leads to a path of self-sufficiency. This program received $90,000 in PLHA funding, and it is expected to be fully spent in a three-year period.

ECTLC Operation of an Emergency Shelter
This program will continue to offer emergency shelter beds for the homeless population (up to 60 days), food and case management. ECTLC also refers clients to Home Start’s Rental Assistance/Rapid-Rehousing Program. ECTLC was allocated $307,510 in PLHA funds for a three-year period. This funding ensures continuing shelter availability for El Cajon homeless and will be used to supplement the CDBG allocation of $100,000.

Homeless Outreach Events
Police Department staff accompanies homeless service providers every Friday in an effort to make contact and offer assistance to the City’s homeless community. When police officers are unavailable, service providers make an effort to continue with planned monthly outreach events.

The City's contribution to this program continues to be two police officers for three hours per event, as allowed by staff availability. These costs are funded by the General Fund and vary depending on the amount of outreach events attended.

Home Start Housing Navigation, Outreach and Case Management Services Program This program funds the current street outreach team (formerly funded by LMIHAF) in collaboration with the El Cajon Homeless Outreach Team (HOT). Street outreach includes wraparound services for self-sufficiency, access to mental health and substance abuse programs, childcare referrals and employment training. Case management is provided with all the services mentioned above. The total funding amount for this program is $792,531 and is for a three-year period that started in October 2023.

Home Start Rental Assistance/Rapid Re-Housing Program
Rental assistance and rapid re-housing offered through Home Start is for homeless individuals or families earning less than 30% Area Median Income (AMI). Rental assistance must provide a minimum of six months of assistance to eligible households. Rapid re-housing must provide housing relocation and stabilization services and short- and/or medium-term rental assistance, as necessary, to help a homeless individual or family move as quickly as possible into permanent housing and achieve stability. This program received a total of $752,641 in PLHA funding that started October 2023 and will be used over the next three-year period.

Home Start Outreach and Homeless Services
On September 13 and 27, 2023, City Council approved to re-allocate CDBG funding to Home Start for the expansion of its street outreach team to address encampments in collaboration with El Cajon staff and other local homeless service providers. Street outreach includes wraparound services for clients for self-sufficiency and provides access to mental health and substance abuse programs, childcare referrals, and employment training. Services are provided to help find permanent housing solutions or a long-term housing program and clients are often referred to other active programs in the City. Home Start was allocated $185,000 in CDBG funds for FY 2023-2024. This program remains active through the start of FY 2024-2025 and will continue until these one-time funds are fully expended. As of December 31, 2024, there is a fund balance of $10,627. This program will be completed by June 30, 2025. However, program services will continue under the PLHA funded program: Home Start Housing Navigation, Outreach and Case Management Services Program.

Home Start Emergency Housing Placement Program
As part of the FY 2024-2025 CDBG Annual Action Plan, City Council approved $31,477 in CDBG funds on May 28, 2024, to provide homeless outreach and homeless services. Although previously funded using CDBG-CV funds and one-time CDBG funds, this program will focus on emergency housing placements in local lodging establishments in coordination with the El Cajon Police Department.

Neighborhood Quality of Life Team
Between January 2020 and December 2024, the Neighborhood Quality of Life Team (a multi-departmental team) provided 759 clean-up events throughout the City. The team is supported by a contract for cleaning services with Urban Corps. The Neighborhood Quality of Life Team ensures that the City's parks, right-of-way, and drainage channels are clear of debris and trash. In the past six months, the City has removed 341.1 tons of debris from parks, streets and drainage channels and the City's contractor has removed at least 78.1 tons of debris.

Clean-up costs were funded by the General Fund, Wastewater, and Gas tax.

Rotational Shelter Program
The City continues to fund the Interfaith Shelter Network's (ISN) Rotational Shelter Program using CDBG funds typically totaling $10,000. This program provides seasonal, nighttime shelter for homeless individuals and families at East County area places of worship that volunteer to provide shelter, meals and support. Seasonal shelter takes place between the end of January and the end of March each year. ISN has been awarded $10,893 for FY 2024-2025.

Program Outcomes
Over the last four years, the City has allocated about $6 million to direct homeless assistance/housing programs, about $591,000 to neighborhood clean-up efforts, and $20,000 to the East County Homeless Task Force, for a total of over $6.6 million. Between January 2020 and December 2024, staff estimates, (data provided by service providers) that more than 12,000 individuals have received services, more than 4,000 of those were assisted with some form of housing or shelter, and from that number, over 1,300 individuals were assisted into permanent housing.

Attachment 1 of this report identifies total expenditures of $5,330,547 between January 2020 and December 2024 (a total of 60 months) for each program with accomplishments, and the results of those expenditures.

Program Assessment
The City's active programs function to achieve the goal of securing permanent housing for those experiencing homelessness and to address community impacts as a result of homelessness. In the last 5 years, more than 1,300 persons have been assisted with finding permanent housing.

The El Cajon Outreach & Flexible Housing Assistance Program has become an essential component of the City’s ability to respond to homelessness, particularly in providing a Housing Navigator/Outreach worker. Once funded by LMIHAF, the same concept is applied to Home Start’s Housing Navigator, Outreach and Case Management Services Programs, funded by PLHA funds. Home Start, Inc. has proven to be a valuable organization, and continues to have knowledgeable staff and responsive services. Home Start, Inc. is effective at finding resources, establishing and maintaining relationships, utilizing the resources prudently and only as needed, and meeting the compliance and program requirements of all of its funding partners.

The A Way Back Home Program continues to fill a gap in services for those homeless individuals who have family members that are willing to receive and support them. Without this program, homeless individuals who want to “go home” would be without resources to connect with those family members who are willing to receive them, particularly due to the high cost of transportation.

The Emergency Shelter (through ECTLC) and the Rotational Shelter (through the Interfaith Shelter Network) continue to address the need for basic overnight shelter and services for those experiencing homelessness in the City. Each fulfills a different need in the community and staff consider the programs cost-effective and essential.

The Outreach and Support Service programs, through Home Start, Inc. and ECTLC work to enroll and connect individuals with vital resources that will assist them in securing permanent or bridge housing. These programs provide pop-up events and serve to connect homeless individuals to other programs available among all service providers in El Cajon and throughout San Diego County.

The City’s Neighborhood Quality of Life Team and the Homeless Outreach Events continue to perform vital services and address community impacts as a result of homelessness within the City.

Finally, staff continues to monitor all service providers and the services provided to El Cajon homeless residents and victims of domestic violence.

Recommendations
Continue funding the homeless programs described above, contingent upon available funding;

1. Continue the Homeless Outreach Events and the enhanced Neighborhood Quality of Life Team efforts;

2. Continue to seek new funding opportunities using local, federal, or state resources that can be used to prevent homeless individuals or families from entering into homelessness or to seek funding for additional homeless services that lead to a path of self-sufficiency, including permanent housing and housing stability;

3. Continue financial support for the East County Homeless Task Force;4.

Continue support for the Emergency Sleeping Cabins; and5.

Staff to continue to provide updates on all programs every six months. 6.

New Funding Allocations
PLHA: On July 1, 2024, the City received notice from HCD detailing a total award of $359,632 for 2022, and $233,238 for 2023 allocations that can be used for various eligible homeless service activities. Staff will return to City Council with funding recommendations at a later date.

Conclusion
Monitoring Performance
Staff will continue to monitor program performance for each of the active programs and provide technical assistance to service providers. As of December 2024, all CDBG subrecipients are in good standing and there are no findings to report. Staff will schedule monitoring for all CDBG, CDBG-CV and PLHA programs and complete monitoring during the next six-month update.

Funding Availability for Ongoing Services
CDBG-CV: CDBG-CV was a one-time funding source and is no longer available to fund new programs. All funds were expended as of June 2024, and CDBG-CV funded programs are now complete.

CDBG: CDBG funded programs for FY 2024-2025 continue to be active.

PLHA: PLHA funded programs for FY 2024-2025 continue to be active.

LMIHAF: Continue to use this funding to support A Way Back Home Program.

HOME-American Rescue Plan: Staff will work on soliciting proposals from eligible parties to allocate the HOME-ARP funding and work with service providers to assist the at-risk and homeless community.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

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

Prepared By: Jose Dorado, Housing Manager and Deyanira Pelayo-Brito, Senior Management Analyst
Reviewed By: Anthony Shute, Director of Community Development Approved By: Graham Mitchell, City Manager
Attachments
Attachment 1
ATTACHMENT 1
Program
Expenditures
Last Six
Months*
Outcomes
Last Six Months
Expenditures
January 2020 –
June 2024
Outcomes
January 2020 –
June 2024
A Way Back
Home
Program
(The
Salvation
Army)
(LMIHAF)
$2,450

 7 persons
permanently
housed
(average of
$350 per
person)
$16,877

 51 persons
permanently
housed
(average of
about $307 per
person)
Crisis House
(CDBG)
$0

Outcomes will be
provided in the next
six-month report.
$700,000**

 859 persons
received
services during
FY 23-24
 891 persons
received
services during
FY 22-23 and
1,147 persons
received
services during
FY 21-22 (total
of 2,473)
 159 persons
permanently
housed
East County
Homeless
Task Force
(General
Fund)
$0

Assists in regional
coordination $20,000

 Assists in
regional
coordination
El Cajon
Homeless
Outreach
and
Flexible
Housing
Assistance
Program
(Home Start,
Inc.)
(previously
This program is
now using
PLHA funds
(expenses
detailed under
the Home Start
Housing
Navigation,
Outreach and
Case
Management
Outcomes detailed
under the Home Start
Housing Navigation,
Outreach and Case
Management Services
Programs.
$437,081
(All expenses were
using LMIHAF)

 1,786 persons
enrolled in the
program
 253 persons
permanently
housed
 188 persons
housed in bridge
housing

LMIHAF,
now PLHA)
Services
Programs).

Emergency
Motel Stays
Program
(Home Start,
Inc.) (CDBG)
$0

Program is completed.

$142,568

 243 individuals
sheltered
 1,646 night stays
(average stay per
person is 7
nights)
 47 persons
permanently
housed (average
cost of $587 per
person)
 This program ran
continuously from
June 2020 to
May 2021. It is
no longer
available.

Emergency
(Scatter-Site)
Motel
Program
(Home Start)
(CDBG-CV)
$0

Program is completed.

$664,807

 339 persons
sheltered
 62 persons
permanently
housed
 54 persons
housed in bridge
housing
Emergency
Shelter
Program
(ECTLC)
(CDBG and

CDBG-CV)
$80,220

 282 individuals
sheltered
 15 permanently
housed
$860,985  1,344 individuals
sheltered (annual
FY 19-20, FY 20-
21, FY 21-22 and
FY 22-23, FY 23-
24 CDBG
funding)
 1,035 individuals
sheltered (annual
FY 19-20, FY 20-
21, FY 21-22 and
FY 22-23 (CDBG-
CV funding)
 Total of 2,379
individuals
sheltered over
the past 48
months
 Of this total, 5
households and
422 individuals
(288 adults and
134 children)
have moved into
permanent
housing.

Emergency
Shelter
Program
(ECTLC)
(PLHA)
$52,716  195 individuals
sheltered
 15 permanently
housed
$95,923  425 individuals
sheltered during
time of program
 14 permanently
housed
Homeless
Case
Management
Services
Program
(Crisis House)
(PLHA)
$0 Program was
completed.
$9,197  49 individuals
were assisted
 18 individuals
moved toward
permanent
housing
 5 households
housed in the
Emergency
Cabins
Homeless
Housing
Navigation
and Outreach
Program
(ECTLC)
(PLHA)
$27,807

 368 individuals
were assisted $24,035

 166 individuals
were assisted

Homeless
Housing
Navigation
and Outreach
Program
(Crisis House)
(PLHA)
$0

Program was
completed. $10,081

 33 individuals
were assisted

Homeless
Housing
Navigation
and Outreach
Services
Program and
Case
Management
(Home Start,
Inc.)
(PLHA)
$123,450

 246 individuals
were assisted
 9 were placed
into permanent
housing
 11 were placed in
some sort of
bridge/transitional
housing
$138,274

 349 individuals
were assisted
 36 were placed
into permanent
housing
 5 were placed in
some sort of
bridge/transitional
housing

Homeless
Outreach
Events
(General
Fund)
$6,841

 25 outreach
events conducted
 482 total contacts
made
$78,535

 152 outreach
events conducted
 12-15 individuals
contacted per
event
 489 total contacts
made
Homeless
Outreach and
Support
Services
Program
(Home Start,
Inc.) (CDBG)
$3,430

 11 contacts were
made

$167,775

 649 contacts were
made
 16 households
were housed
through the
Emergency
Cabins
 2 households
were placed into
permanent
housing

Neighborhood
Quality of Life
Team
(General
Fund)
$98,970

 55 clean-ups
conducted
 341.10 tons of
debris removed
by City team
 78.10 tons of
debris removed
by City
contractor
$686,030

 704 clean-ups
conducted
 1,631.25 tons of
debris removed by
City team
 919.06 tons of
debris removed by
City contractor
Outreach
Support
Services
Program
(Home Start,
Inc.)
(CDBG-CV)
$0

Program was
completed.
$148,749

 1,052 individuals
contacted
Rental
Assistance
and Rapid
Re-Housing
Program
(Home Start,
Inc.)
(PLHA)
$53,760

 14 individuals
assisted
$200,688

 45 individuals
assisted
Rotational
Shelter
Program
(Interfaith
Shelter
Network)
(CDBG)
$3,408

Rotational shelter takes
place between end of
January and end of
March. Organization is
currently taking place.
$41,786  38 persons
sheltered (annual
FY 20-21 CDBG
funding)
 69 persons
sheltered
(annual FY 21-
22 CDBG
funding)
 27 persons
sheltered (FY
22-23 CDBG
funding)
 16 persons
sheltered (FY
23-24)
 20 persons
permanently
housed

*Expenditures based on paid invoices through December 18, 2024. May not include December expenses.
** Funding for acquisition of property and related costs for a new location.

City Council
Agenda Report
Agenda Item 12.

DATE: February 11, 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 20, 2025 - Interview with KUSI
January 21, 2025 - Meeting with Association of General Contractors January 22, 2025 - SANDAG Mayor's Briefing
January 23, 2025 - Grand Jury Interview
January 24, 2025 - SANDAG Board of Directors
January 24, 2025 - ECPD Promotion & Awards Ceremony
January 27, 2025 - Interview with Channel 7
January 27, 2025 - Interview with Channel 8
January 27, 2025 - Interview with Channel 10
January 27, 2025 - Interview with News Nation
January 28, 2025 - Interview with Channel 7
January 28, 2025 - Interview with Channel 10
January 28, 2025 - Interview with KPBS
January 28, 2025 - City Council Meeting(s)
January 29, 2025 - Lincoln Club Meeting
January 31, 2025 - SANDAG Meeting
January 31, 2025 - SIDKO Security Grand Opening
February 1, 2025 - Building Industry Association of San Diego Dinner February 3, 2025 - Zoom Meeting with D. Grant
February 3, 2025 - Zoom Meeting with R. Uribe, UC Riverside Student .!!!!_ Valley of opportunity
~ ~ ~
C'o ~ '\.o,
"'Poratel\
February 4, 2025 - Meeting Regarding Vernon Lease
February 5, 2025 - SANDAG Mayor's Briefing
February 6, 2025 - Lincoln Club Chinese New Year Dinner February 7, 2025 - State of the City Video Recording
February 11, 2025 - Special City Council Meeting
February 11, 2025 - City Council Meeting(s)
February 11, 2025 - City Council Car Show Workshop
I am available to answer questions.

Submitted By: Bill Wells, Mayor
City Council
Agenda Report
Agenda Item 13.

DATE: February 11, 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:

February 5, 2025 - Meeting with Police Chief
February 6, 2025 - Interview with KCBQ
February 6, 2025 - MTS Executive Committee Meeting
February 10, 2025 - SANDAG Military Working Group Meeting February 10, 2025 - Meeting with City Manager
February 11, 2025 - Special City Council Meeting
February 11, 2025 - City Council Meeting(s)
February 11, 2025 - City Council Car Show Workshop
I am available to answer questions.

Submitted By: Steve Goble, Councilmember
.!!!!_ Valley of opportunity
~ ~ ~
C'o ~ '\.o,
"'Poratel\
City Council
Agenda Report
Agenda Item 14.

DATE: February 11, 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:

February 6, 2025 - Metro Wastewater JPA Meeting
February 11, 2025 - Special City Council Meeting
February 11, 2025 - City Council Meeting(s)
February 11, 2025 - City Council Car Show Workshop
I am available to answer questions.

Submitted By: Gary Kendrick, Mayor Pro Tem
.!!!!_ Valley of opportunity
~ ~ ~
C'o ~ '\.o,
"'Poratel\
City Council
Agenda Report
Agenda Item 15.

DATE: February 11, 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 30, 2025 - Participated in Homeless Point in Time Count February 4, 2025 - Meeting with Constituents
February 6, 2025 - State of the City Video Recording at Lexington Elementary February 11, 2025 - Special City Council Meeting
February 11, 2025 - City Council Meeting(s)
February 11, 2025 - City Council Car Show Workshop
I am available to answer questions.

Submitted By: Michelle Metschel, Councilmember
.!!!!_ Valley of opportunity
~ ~ ~
C'o ~ '\.o,
"'Poratel\
City Council
Agenda Report
Agenda Item 16.

DATE: February 11, 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:

February 10, 2025 - League of California Cities Meeting February 11, 2025 - Special City Council Meeting
February 11, 2025 - City Council Meeting(s)
February 11, 2025 - City Council Car Show Workshop
I am available to answer questions.

Submitted By: Phil Ortiz, Councilmember
.!!!!_ Valley of opportunity
~ ~ ~
C'o ~ '\.o,
"'Poratel\
City Council
Agenda Report
Agenda Item 17.

DATE: February 11, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Bill Wells, Mayor & Steve Goble, City Councilmember SUBJECT: A Resolution Declaring the City's Commitment 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 for the Sole Purpose of Removing Violent Criminals from our Community
RECOMMENDATION:

At its January 28 meeting, the City Council considered a resolution addressing conflicts between state and federal immigration policies. After receiving public feedback, the City Council discussed a draft resolution but ultimately decided not to move forward with its adoption. During the meeting, an alternative resolution was introduced, and members of the City Council appeared open to revising the staff-prepared resolution, suggesting the possibility of finding common ground.

Since that meeting, we have drafted a new resolution that reflects the key concerns and perspectives expressed by City Councilmembers. Enclosed is a redlined version highlighting the proposed changes to the previous resolution, along with a clean version for City Council consideration.

Notably, the new resolution includes two key statements:

It declares that El Cajon is not a "sanctuary city."
It declares that the City will seek indemnification from the U.S. Attorney General for any action taken by the State of California against El Cajon officers or the City when cooperating with federal immigration authorities.
.!!!!_ Valley of Opportunity
• •
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:

None.

Prepared By: Bill Wells, Mayor & Steve Goble, City Councilmember Reviewed By: N/A
Approved By: N/A
Attachments
Resolution (redlined version)
Resolution (clean version)
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 COMMITMENT 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 FOR THE SOLE PURPOSE OF REMOVING VIOLENT CRIMINALS FROM OUR COMMUNITY.

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, entrepreneurial 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 agencies 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
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, a 2024 Immigration and Customs Enforcement ("ICE") report indicates that there are significant numbers of over 647,000 non-detained individuals living in the United States illegally who have pending charges or have been convicted of or charged with violent crimes, including robbery, assault, sexual assault, homicide, and human trafficking; 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
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 apprehension of illegal immigrants who prey on the vulnerable and are engaged in these violent 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, 886-93
9(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.

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

1. Declaration of Intent: RESOLVED, that Tthe City 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 (underline added), 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. RESOLVED, that the City declares it is not a “sanctuary city” and will not obstruct, impede, interfere, or otherwise block any federal law enforcement agency from its duties under federal law.

3. RESOLVED, that the City will seek assistance from the United States Attorney General’s office to indemnify the City and its employees for any assistance or cooperation with federal immigration authorities as permitted by law.

2. Commitment to Public Safety : 4. RESOLVED, that Tthe 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 : 5. RESOLVED, that Tthe City will continue to comply with all applicable federal and state laws, recognizing that there are conflicts between federal and state laws.

4. Community Trust:

6. RESOLVED, that Tthe 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: 7. RESOLVED, that Tthe City will continue to request additional clarification and guidance from the United States Attorney General’s Office and 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:

8. RESOLVED, that Tthe 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.

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RESOLUTION NO. __-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CAJON DECLARING THE CITY’S COMMITMENT 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 FOR THE

SOLE PURPOSE OF REMOVING VIOLENT CRIMINALS FROM OUR COMMUNITY

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, entrepreneurial 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 agencies 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

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, a 2024 Immigration and Customs Enforcement ( "ICE") report indicates that there are over 647,000 non-detained individuals living in the United States illegally who have pending charges or have been convicted of v iolent crimes, i ncluding robbery, assault, sexual assault, homicide, and human trafficking; and

WHEREAS, the City Council expresses concern that SB 54 limits the ability of local law enforcement to cooperate with federal authorities in the apprehension of illegal immigrants who prey on the vulnerable and are engaged in these violent 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, 886 -93 (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.

Page 2 of 23 ends

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

1. RESOLVED, that the City declares its intent to comply with the enforcement of federal immigration law to the legal extent permissible 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.

2. RESOLVED, that the City declares it is not a " sanctuary city" and will not obstruct, impede, interfere, or otherwise block any federal law enforcement agency from its duties under federal law.

4. RESOLVED, that 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.

5. RESOLVED, that the City will continue to comply with all applicable federal and state laws, recognizing that there are conflicts between federal and state laws.

6. RESOLVED, that t he 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.

7. RESOLVED, that the City will continue to request additional clarification and guidance from the United States Attorney General ’s Office and 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.

8. RESOLVED, that 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.

02/11/25 CC Agenda
Reso – SB 54 Revised 020625

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~CAJo
~---~~ .. ~
1be Valley of Opportunity
December 16, 2024
Mr. Rob Bonta, Attorney Genera l
California Department of Justice
Office of the Attorney General
P.O. Box 903447
Sacramento, CA 94203-4470
rob. bonta@doi .ca.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 permissible. 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 with in 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 regarding 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 Immigrat ion and Customs Enforcement report indicates that there could be as many as 435,000 convicted criminals 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 exploitation. Further, on September 25, 2024, Patrick J . Lechleitner, Deputy Director of Immigration and Customs Enforcemen t , penned a letter to The Honorable Tony Gonzales , U.S. House of Representati ves, that included a table identifying the number of non-detained individuals living in the United State illegally , categor ized by their criminal history (attached). The following table is an excerpt from the letter:

National Docket Data for Noncitizens by Criminal ity and .

Most Serious Charge Categories as of July 21, 2024*
Non-Detained
Convicted Pending Criminal
Most Serious Charge Category Criminal Charges Total
Assau lt 62,231 42,915 105,146
Dangerous Drugs 56,533 13,846 70,379
Sexual Assault 15,811 4,250 20,061
Homic ide 13,099 1,845 14,944
Sex Offense (not involving 9,461 2,650 12, 11 1 assault or commercialized sex) Com mercialized Sexual Offense 2,200 1,771 3,971
Kidnappi ng 2,521 851 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 u·nknown 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 commu nity. The City Council is concerned that under SB 54, the City is limited in its ability to protect our commun ity 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 Genera l specify the extent to which SB 54 limits local law enforcement 's ability to cooperate with federal authorities on immigration matters , particu larly in cases involvi ng individuals who pose a significant public safety risk? For example , does SB 54 allow for cooperation in cases involving noncitizens engaged in violent gang activity , those charged with serious felonies , or individuals with a docume nted pattern of child exploitation or sex trafficki ng?

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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 federal immigration enforcement under the Supremacy 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? Specifically , is there a legal basis for SB 54 to withstand federal preemption challenges? 3) State Enforcement of SB 54:

If the City of El Cajon engages in cooperative efforts with federal immigration authorities in cases involving felony offenders, what enforcement actions or penalties will the State of California pursue under SB 54? Are there specific procedural 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 federal orders that might conflict with SB 54? Additionally , could SB 54's provisions be deemed unenforceable under such circumstances? Conclusion
While we appreciate the underlying purpose of SB 54, the incoming federal administration has an entirely different viewpoint on the issue. This divergence of opinion translates into a precarious legal position for cities, city council members, city management , and public safety personnel. 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 Council

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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. Department of Homeland Secur ity
500 I 2th Street , SW
Washingto n, DC 20536
U.S. Immigratio n
and Customs
Enforcemen t
Thank you for your March 13, 2024 letter to the Department of Homeland Security (DHS). I am responding on behalf of the Department 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 funding, DHS continues to enforce the law to secure our borders. We are removing 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 individuals 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 ofnoncitizens on ICE's docket convicted or charged with a crime. As of July 21, 2024, there were 662,566 noncitizens with criminal histories on ICE's national docket, which includes those detained by ICE, and on the agency's non-deta ined 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 ofremoval proceedings and notes that most noncitizens who are convicted of homicide are typically not eligible for release from ICE custody under §236(c) of the Immigration and Nationality Act. Second and in limited circumstances when \vww.ice.gov

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The Honorab le Tony Gonzales

Page 2 ends

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.

National Docket Data for Noncitizens by Criminality and Most Serious Charge J l O 4
Most Serious Currently Detained Non-Detained
Charge Convicted Pending Convicted Pending Criminal
Category Criminal Criminal Criminal Charges Charges
Total 10288 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
Burf?lary 365 126 14,301 3,266
Civil Rights - - 1 -
Commercialized
Sexual Offenses 18 12 2,200 1,771
Conservation 1 1 225 183
Damage
Property 46 65 1,396 1,270
Dangerous
Druf?S 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
,vww.ice.gov

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The Honorable Tony Gonzales

Page 3 ends

Forgery 117
Fraudulent
Activities 296
Gambling 1
General
Crimes 245
~
Health I Safety 6
Homicide 277
Immigration 947
Invasion of
Privacy 151
Juvenile
Offenders 1
Kidnavvin~ 85
Larceny 330
Liquor 31
Militarv -
Obscenity 22
Obstructing
Judicia ry,
Congress, 118
Legislature, Etc.

Obstructing
the Police 181
Public Peace 93
Robberv 285
Sex Offenses
(Not Involving
Assault or 446 Commercialized
Sex)
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
Smu22lin[; 15
Sovereifmtv -
Stolen
Property 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 fiscal year (FY), which is an increase from 34,000 in FY 2023.

Regarding the number of declined detainers since FY 2021, from October 1, 2020, through July 22, 2024, ICE lifted 1 24,796 detainers. Of those, 23,591 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 detainer 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 Relations at [email protected] .

Sincerely,
~
Patrick J. Lechleitner
Deputy Director and
Senior Official Performing the Duties of the Director
1 ICE may lift a detainer at any time after it has been issued. The lifting ofa detaine r is based upon the totality of the case and ICE may lodge another detainer at a later date, if appropriate . The circumstances under which ICE may lift a detainer are unlimited; however, these circwnstances may include, but are not limited to, criminal convictions and pending criminal 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

Page 5 ends

cc: The Honorable Garret Graves
The Honorable Jay Obemolte
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 Honorable 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

Page 11 of 23 ends

ROB BONTA
Attorney General
January 19, 2025

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

State of California

DEPARTMENT OF JUSTICE
300 Soutl1 Spring Street. Suite 1702
Los Angeles. CA. 9001 3
Telephone-, 213-269 -6280
E~Mail Address: Michael.Newman({!:d~j.ca.gov
We have received your letter regarding the City of El Cajon's concerns and questions relating to the interaction between Senate Bill 54 (2017) and federal immigration enforcement, and welcome the opportunity to provide a number ofresources that will assist your city in its compliance with state law. First and foremost, it is critical to understand that nothing in SB 54 precludes the investigation or enforcement of criminal law, regardless of whether the person suspected of a crime is a United 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 of this priority by ensuring that California law enforcement agencies are focused on criminal enforcement , rather than immigrati on enforcement.

Precisely because the Legislature acted within its authority to direct state and local resources under SB 54, the United States Court of Appeals 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 rejected the federal government's challenge to its implementation . ( 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 constitutionality of SB 54's application to charter cities such as El Cajon, finding that SB 54 addresses matters of statewide concern , is reasonably related to resolution of those statewide concerns, and is narrowly tailored to avoid unnecessary interference in local government. (City of Huntington Beach v. Becerra, 44 Cal.App.5th 243, 269-81 (2020), rev. denied (April 1, 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 C~jon required to comply with SB 54.

For your reference , please see attached Law Enforcement lnfonnation Bulletin No. DLE- 2025-03, "Updated Responsibilities of Law Enforcement Agencies Under the California Values Act, California TRUST Act, and the California TRUTH Act," which should assist in further clarifying your roles and responsibilities 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 reso urces to ass ist loca l government compliance with SB 54, and to provide members of the public in your jurisdictions with a better understanding of their rights und er Califo rnia law. l h ese includ e:
• California Justice Infonnation Services Bulletin No. 2025-0 1-CilS, "Updated California Values Act's Database Guidance," available at https://oag. ca. gov /system/ft les/attachments/press-docs/CJIS-01-25. pdf • California Justice Infonnation Services Bulletin No. 2025-02-Cil S, "Updated California Values Act's Statistical Reportin g Requirements," available at https://oag. ca. gov /system/fi les/attachments/press-docs/25-02-CilS. pdf • Law Enforcement Infonn ation Bulletin No. DLE-2024-05, "Update to lnforn,ation Bulletin 2020 -DLE-01: New and Existing State and Federal Laws Protecting Immigrnnt Victims of Crime," available at :
https://oag.ca.gov/system/files/media/2024-dle-05.pd f
• "Know Your Immigration Rights and Protection Under the Law," available at:
https ://oag.ca. gov/system/files/attachments/press-
docs/K now%20 Y our%20 Imm i grati on%20 Ri ghts%5 B88%5 D. pdf • "Protect Yourself from Immigration Scams," available at:
https :/ /oag.ca .gov Is ystem/files/attaclunents/press- docs/Protect%20 Y ourse lf%20from %20Immigrat ion%20Scams%5B62%5 D.pdf • Guidance and Model Policies to Assist California's Superior Courts, available at:
https ://oag. ca. gov/sites/al 1/fi les/agweb/pdfs/imm i gration/cour1. pdf • Guidance and Model Policies to Assist California's Healthcare Facilities, available at: https://oag.ca.gov/sites/all/files/agweb/pdfs/immigrati on./healthcare guidance.pdf
• Guidance and Model Policies to Assist California's Colleges and Universities, available at: https ://oag.ca. gov/sites/all/files/ agweb/ pdfs/immigration /hi gher education-guid ance. pdf
• Guidance and Model Policies to Assist California's K-12 Schools, available at:
https://oag.ca.gov/sites/all/files/agweb/pdfs/bc j/school-guidanc e-model-k l2.pdf • Guidance 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 Is i tes/al I/ft les/agweb/pdfs/imm i gration/labor-agency gui dance. pdf
• Guidance and Model Policies to Assist California's Public Libraries, available at:
https ://oag.ca. gov/sites/all/files/a gweb/pdfs/immi gration/li braries. pdf • Guidance and Model Policies to Assist California Shelters, available at:
https://oag.ca.gov/sites/all/files/agweb/pdfs/immigratio n/shelter.pdf

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TI1e Hon. Bill Wells
January 19, 2025

Page 3 ends

We hope that you fo1d this infonnation and resources helpful. If you have any additiona l questions or infomiation to share with our office, please do not hesitate to contact me at Michael.Newman@do j.ca.gov.

Sincerely,
Michael L. Newman
Senior Assistant Attorney Genera l
Civil Rights Enforcement Section
For ROB BONTA
Attorney General

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Rob Bonta, Attorney General
California Department of Justice

DIVISION OF LAW ENFORCEMENT
Stephen Woolery, Chief
Subject: No. Contact for information:

Updated Responsibilities of Law Enforcement Stephen Woolery, Chief Agencies Under the California Values Act, California 1--oa-te_: ______ Division of Law Enforcement 2025-DLE-03
TRUST Act, and the California TRUTH Act {916) 210-6300
01/17/2025
TO: EXECUTIVES OF STATE AND LOCAL LAW ENFORCEMENT AGENCIES This bulletin 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.

Together, these provisions define the parameters under which state and local law enforcement 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, effective January 1, 2017, created mandatory notice and procedura l protections for individuals in the custody of loca l law enforcement agencies should fede ral immigration officers wish to contact them . This bulletin also provides guidance regarding local law enforcement agencies' obligations under the TRUTH Act, including similar provisions within the Values Act that apply to the Californ ia Department of Corrections and Rehabilitation (CDCR).

This bulletin 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 ind ividuals to immigration authorities; these reporting requirements are set forth in a separate updated informat ion bulletin 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 wh ich a local California law enforcement agency could detain an individual past their scheduled release in response to a hold request from immigration authorities. As amended by SB 54, the TRUST Act no longer addresses detent ions in response to hold requests because the Values Act prohibits such detentions. The TRUST Act, as amended by SB 54, now describes the circumstances under which a California law enforcement agency can respond to transfer and notification requests from immigration authorities.

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Information Bulletin 2025-D LE-03
Updated Responsibili ties of LEA's Under the California Values Act, California TRUST Act, and the California TRUTH Act

Page 2 ends

II. Overview of the Values Act (SB 54)
In enacting the Values Act, the Legislature made clear in its findings that immigrants are valuab le and essential members of the California community. The Legislature further determined that "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." (Gov. Code, § 7284.2). Thus, the core purpose of the Values Act is to ensure effect ive policing and to protect the safety, well-be ing, and constitutional 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 agenci es (excluding the CDCR) may engage in "immigration enforcement," as defined, and requires certain information about joint law enforcement task forces and transfers of individua ls to immig ration 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 local law enforcement agencies.

3. Requires the Attorney General's Office to issue model policies, to be adopted by public schools, state or locally operated health facil ities, courthouses and other enumerated stat e and local facilities, that lim it assistance with immigration enforcement to the fulles t extent possible consist ent with federal and state law. The Attorney General's Office issued these guidelines in 2018 and issued updated guidan ce in December 2024 avai lable at https://oag.ca.gov/publications .

It should be noted that the Values Act defines many terms, some of which may seem familiar to law enforcement officers, but have special 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 departments." (Gov. Code,§ 7284.4, subd. (a).) This term, however, does not include the CDCR. (/bid.) Therefore, the provisions of Government Code sections 7284.6 and 7284.8 of t he Values Act do not apply to the CDCR.

Further, the Values Act defines "immigration enfor cement " as "any and all efforts to investig ate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also inclu des any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration 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 "judic ial warrant" means "a warrant based upon probable cause for a violation of federal criminal immigration law and issued by a federa l judge or a federal magistrate judge t hat 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 t he relevant definitions, individual agencies should review the law to ensure full understanding of all the key terms in the Values Act.

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Ill. The Values Act Limits the Discretion of California Law Enforcement Agencies to Participate in Immigr ation-Related Activities in the Following Ways:

1. Prohibits use of resources to investigate, interrogate, detain , detect, or arrest persons for immigr ation enforcement purposes, including:
a. Inquir ing into an individual's immigra tion status; 1 b. Detaining an individua l in response to a hold request;2 c. Provid ing personal informat ion , as defined in Civil Code section 1798.3, including home or work addresses, unless t his information is "available to the public." For purposes of this prohibition, "personal infor mation" means "any informa t ion that is maintained by an agency that ide ntifies or desc ribes an individual, including, but not limited to, his or her name, social secu rity number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It includes statements made by, or attributed to, the individual." (Civ. Code,§ 1798.3, subd. (a).)
Although not expressly defined in the act, the phrase "ava ilable to the public" refers to information where a law enforcement agency has a practice or policy of making such information public, such as disclos ing the information on its website. Law enforcement agencies shoul d, in addition to ensuring com pliance with the Values Act, take care to ensure that they comply with ap plicable state or federal privacy laws.

However, there is an important exception to this limitation on prov iding personal information:
fede ral law (8 U.S.C. §§ 1373, 1644 ) prohibits restrictions on the exchange of infor mation regarding a person's citizensh ip or immigra tion sta tu s, and a ll Californ ia law enforcement agencies should comply with these laws.
1 This prov ision does not prohibit inquiries into an individua l's immigrat ion status to immigration author ities, or exchanging immigration status infor mation w ith any other federa l, state , or local government entity, pursu ant to 8 U.5.C. §§ 1373 and 1644. (See Gov. Code,§ 7284.6, subd. (e).)
' "Hold request" means a request by any immigration aut hority that a local law enforcement agency maintain custody of an individua l current ly in its custody beyond the time he or she wou ld otherwise be eligible for release in order to facilitate transfe r to an immigrat ion authority. (Gov. Code,§§ 7283, subd. (b); 7284.4, subd. (e).) "Notification request" means a request by any immigration authority that a local law enforcement agency inform an immigrat ion authority of the rele ase date and time in advance of the public of an individua l 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 enforce ment agency facilitate the transfe r of an individ ual in its custody to an immigrat ion authority. (Gov. Code,§§ 7283, subd. (g); 7284.4, subd. (e).) Hold, notificat ion, and transfer requests include requests issued by U.S. Imm igration and Customs Enforcement or U.S. Customs and Border Protection as well as any other immigrat ion authorities. (Gov. Code,§ 7284.4, subd. (e).) "Immigration autho rity" means any federal, state, or local officer, emp loyee or person performing immigrat ion enforcement functions. (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 civi l immigration warrants entered in the National Crime Information Center database; and e. Assisting immigration authorities in immigration enforcement activities at the United States borders, as described in 8 U.S.C. § 1357(a)(3), or performing the functions of an immigra t ion 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 enfo rcement agencies are never required to respond to t ransfer 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 reques ts 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 sect ion 7282.4, subdiv ision (i), or a jud icial probable cause determination, as defined by Government Code section 7282.4, subdivision (h), regarding a violation offederal criminal immigration law;
or
ii. Where the transfer would not otherwise violate any federal, state, or local law, or local policy, and the individual in custody meets any one of the conditions set forth in the TRUST Act, Government Code section 7282.5, subdivision (a). These qualifying conditions are :
1) The individua l has been convicted at any time of a serious or violent felony, as defined in Penal Code section 1192. 7, subdivision (c), or Penal Code section 667.5, subdivision (c).
2) The individual has been convicted at any time of a felony that is presently punishable by impr isonment in state pri son.
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 current 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 Immigration and Nationality Act (8 U.S.C. § 1101(a)(43)(A)-(P)) .
6) The United States Department of Homeland Security's Immigration and Customs Enfor cement ( ICE) identifies the person as the subject of an outstanding federal felony arrest warrant for any federal crime.

Furthe rmore, if a law enforcement agency does transfer an individual to immig ration 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 t ransfer. For more information regarding these repo rting obligations, please see Information Bulletin 25-01-CJIS (Updated California Values Act's Statistical Reporting Requirements) .
b. Notification Requests: Providing information regard ing 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 informat ion 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 magistrate judge on the following types of charges, and the magistrate makes a probable cause determinat ion (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 impr isonment in state prison. (Gov. Code,§ 7282.5, subd . (b)).

A convic tion for a straight misdemeanor, i.e., a crime that is presently punishable only as a misdemeanor, is not listed in section 7285, subdivision (a), and therefore is not a valid justifica tion for hono ring a transfer or notification request. And misdemeanor convictio ns for crimes affected by Proposition 47 (2014), the "Safe Neighborhoods and Schools Act," including felony convictions that were reduced to misdemeanors or re-desi gnated as misdemeanors by a court as a result of Proposition 47, cannot serve as the basis for transfers or providing release date informat ion to immigration authorities. (Gov. Code, § 7285.5, subd. (a)(6)). The crimes affected by Proposition 47 include, among others, sim ple drug possession for personal use, shoplifting, forgery, writing bad check, petty theft, and receiving stolen property . However, misdemeanor crimes that were reclassified as felonies under Prop osition 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 carefu lly rev iew an indiv idual's Record of Arrests

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and Prosecutions to determine whether a listed felony conviction was reduced to a misdemeanor, or re-designated as a misdemeanor, by a court under Proposition 47. If so, cooperation with immigrat ion authorities is prohibited, unless there is another valid basis for cooperation (for transfers, a judicial warrant; for notifications, if the information is publicly available).

3. Other Restrictions on Immigration Enforcement
California law enforcement agencies may not (1) allow officers to be supervised by federal agencies or deputized for immigration 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 to house or detain adult and minor noncitizens in a locked detention faci lity for purposes of immigration custody; agencies with existing federal contracts cannot renew or modify the contract if doing so would expand the number of contract beds available to detain noncitizens for purposes of civi l immigration 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 discretion, but is not required, to perform the following immigration enforcement activities:

1. Investigate, enforce, detain persons upon reasonable suspicion of, or arrest, persons for violation of 8 U.S.C. § 1326(a), the federal crimina l violation for reentry by a noncitizen after remova l, but only if the individual was removed because of an aggravated felony conviction under 8 U.S.C. § 1326(b)(2) and the suspected violation was detected dur ing an unrelated law enforcement activity.

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. Transfers of these individuals to immigration authori ties are subject to the above restrictions regarding transfers .

2. Provide individual crimina l history in response to a request from immigration authorities about a specific person's criminal history, including information 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 participants, if all of the following conditions are met:
a. The task force 's primary purpose is not immigration enforcement; b. Enforcement or investigative duties are primarily related to violations of state or federal law unrelated to immigration enforcement; and
c. The local law or policy that the agency is subject to permits such participation.

Nothin g in the Values Act prohibits a California law enforcement agency from asserting its own

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jurisdiction over criminal law enforcement matters, i.e., engaging in an investigation, detention or arrest for criminal activities based upon California state law, even when its activities may indirectly impact or assist a federal agency that is engaged in immigration enforcement as part of a joint task force or otherwise. (Gov. Code,§ 7284.6, subd. (f).) This includes circumstances in which an officer is responding to a call for service involving a violation of a state criminal law or during an immigration enforcement action where the safety of the public or a law enforcement officer, including an immigration enforcement officer, is in danger. This narrow public safety exception should not be used to avoid the prohibitions in the Values Act on using state resources to conduct immigration enforcement.

If a California law enforcement agency has agreed to dedicate personnel or resources on an ongoing basis to a task force, it must report the information set forth in Government Code section 7284.6 subdivision (c)(l) concerning the activities of the task force to the Department of Justice, as explained in Informatio n Bulletin 25-01-CJIS (Updated California Values Act's Statistica l Reporting Requirements). 3

4. Ask for information necessary to certify potential victims of crime or human trafficking with respect to T-visas and U-visas (8 U.S.C. §§ llOl(a)(lS)(T) and llOl(a)(lS)(U)), 4 or to comply with 18 U.S.C. § 922(d)(S), which prohibits the sale or disposition offirearms or ammunition to a person who law enforcement knows or has reasonable 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 certifications for T- or U-Visa applicants when certain conditions are met. Certifying law enforcement agencies are prohibited from disclosing the immig ration status inform ation of a victim or person requesting T- or U-visa certification forms except to comply with federal law or legal process, or if authorized by the victim. For guidance regarding law enforcement agencies' obligations under California Penal Code section 679.10 with respect to U-Visas, see the Update to the Information Bulletin by California Department of Justice Division of Law Enforcement, dated April 3, 2024, available at 2024-DLE-05 Informat ion Bulletin .

5. Provide ICE with access to interview an individual in custody, if the agency gives the notices required by the TRUTH Act (Gov. Code,§ 7283 et seq.). Local law or policy, or agency policy, may be more restrictive than the Values Act. Agencies should determine whether, even if the Values Act permits assistance in immigrat ion enforcement related activities , the agency's policy or local law or policies prohibit such activities. Further , if a particular activity is prohibited by the agency or the agency's jurisdiction, the agency must comply with the more restrictive conditions of the agency or jurisdic tion so long as the local law or policy complies with 8 U.S.C. §§ 1373 and 1644, governing restrictions on the exchange of a person's immigration and citizenship status with government officials.
3 An "ongo ing basis" means more than one interaction with any federal, state, or local LEA on a task force to discuss task force operations. Accord ingly, isolated interactions with a federal law enforcement agency are not subject to these reporting require ments because the California LEA did not dedicate personne l or resources to the task force on more than one occasion. • The Victims of Traffick ing and Violence Prevention Act (VTVPA) of 2000 is a federal law that, among other things, provides temporary immigrat ion benefits to individual s without immigration status who are victims of specified qualifying crimes including human trafficki ng. (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 protections or limitations than those mandated under SB 54, t he officer must adhere to the requirements of the MOU, even if tha t MOU conflicts with agency policy with respect to immigration enforcement matters, so long as the MOU complies with 8 U.S.C. §§ 1373 and 1644.

V. A dditi onal Law Enforcement Activity Under the Values Act

1. The Values Act does not prohibit a law enforcement agency from exchang ing informat ion regarding a person's immigra t ion status with governmental entities , including immigration authorities, for requests made under 8 U.S.C. § 1373 and 8 U.S.C. § 1644. Under those federa l statutes, law enforcement officers must be allowed to:
a. Send to, or receive from, federal immigration authorities, information regarding the citizenship or immigration status, whether lawfu l or unlawful, of any individual; b. Request information 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 individua l with other governmental entities
L I he Ninth Circuit has narrowly construed this information-sharing requirement to app ly 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) ("[llhe plain meaning of Sect ion 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, prov ides in dividuals who are in the custody of loca l law enforcement agencies with information about t heir procedural and legal rights shou ld ICE wish to contact them. ("Local law enforcement agency" for purposes of the TRUTH Act refers to any agency of a city, county, city and county, special district, or other political subdivision of the stat e that is authorized to enforce criminal statutes, regu lations, or local ordinances; or to operate jails or to maintain custody of individuals in jails; or to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities; or to monitor compliance with probation or parole conditions" (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 immigra t ion violations, the local law enforcement entity shall provide the individual with a written consent form, 5 that explains all of the following:
a. The purpose of the inte rview;
b. That the interview is voluntary; and
c. That the individua l 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 tra nsfer request, the local law enforcement agency shall:
a. Provide a copy of the request to the individual; and b. Inform the individual whether the law enforcement agency intends to comply with t he 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 individual 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 provide ICE with notification that an individual will be released from custody on a certain date, the local law enforcement agency must promptly provide the same notification in writing to t he individua l and to his or her attorney or other person designated by the individual being held. (Gov. Code,§ 7283 .1, subd. (b) .)

4. All reco rds rel ating to ICE access provided by local law enfo rcement 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 prov ided under the California Public Records Act. When responding to such requests , law enforcement agencies should therefore keep in mind California's privacy laws and all applicab le exemptions under the California Public Records Act that protect such persona l information from disclosure. 6 (Gov. Code,§ 7283.1, subd . (c).) 5 The local law enforcement agency is requi red to make the written consent form available in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean, and any additional languages that meet the county thresho ld as defined in Health and Safety Code section 128S52, subdivision (d), if certified 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 individuals of the ir rights, a local law enforcement agency should not pre populate or presuppose the responses in the consent form. • Records relating to ICE access as provided in the TRUTH Act include, but are not limited to, data maintai ned by the local law enforcement agency regarding the number and demograph ic characteristics of individuals to whom the agency has provided ICE access, the date ICE access was provided , and whether the ICE access was provided through a hold, transfer , or notification request or through other means. (Gov. Code, § 7283.1, subd. (c).)

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5. Beginning January 1, 2018, t he local govern ing body of any county , city, or city and county in which a local law enfo rcement 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 consent form and other notifications before allowing an interview between ICE and the individual regard ing civil immigration violations . Specifically, t his form must explain the purpose of the interv iew, that the interview is voluntary, and that the individual may decline to be interv iewed or may choose to be interv iewed o nly 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 transfe r request to t he individual and inform the person whether the agency or CDCR intends to comply wit h the request. (Gov. Code,§ 7284.10.) In addition, CDCR cannot restrict access to certain opportu nities based solely on an individual ' s cit izenship or immigration status (Gov. Code,§ 7284.10, subd. (b)(l)), and cannot consider cit izenship or immigration status in determining an individua l's custodial classificat ion 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, whic h required an arrest ing law enforcement agency to notify the appropriate federal agency if it believed that a person arrested for cert ain drug violations may not be a United Stat es citizen.

El Cajon City CouncilFebruary 11, 2025

El Cajon City Council
February 11, 2025