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Agenda packet

El Cajon City Council
March 11, 2025

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Agenda packet
Meeting
March 11, 2025
Body
El Cajon City Council
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3
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Text extracted from the city's file for reading and search. Open the original on www.elcajon.gov. That file is the official record.

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

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

CLICK HERE for additional instruction on in-person comments.

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

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

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

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

SIGN UP TO RECEIVE

FUTURE AGENDAS
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CITY COUNCIL

HOUSING AUTHORITY AND

SUCCESSOR AGENCY TO THE EL CAJON

REDEVELOPMENT AGENCY

Council Chamber
200 Civic Center Way
El Cajon, CA 92020
Agenda
MARCH 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 February 25, 2025, Meeting and the Agenda of the March 11, 2025, Meeting in accordance to State Law and City Council/Housing Authority/Successor Agency to the Redevelopment Agency Policy.

PRESENTATIONS:

AGENDA CHANGES:

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CONSENT ITEMS:

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

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

RECOMMENDATION:

That the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency approves Minutes of the February 25, 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 RFP No. 009-21 – Custodial Services

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, to increase the multi-year Agreement for Custodial Services with CCS San Diego Janitorial, Inc. dba CCS Facility Services (CCS) in the not-to-exceed amount of $164,719.68.

5. Award of RFQ No. 12500318 – Throwable Tactical Micro-Robots

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, to award to the sole responsive, responsible bidder, ReconRobotics, Inc., in the amount of $36,999.86.

6. Appointments to the Public Safety Facility Financing Oversight Committee

RECOMMENDATION:

That the City Council appoints the following members to the Public Safety Facility Financing Oversight Committee, with terms to expire on January 31, 2029:

John Forrest (Re-appointment, as a member meeting the requirement of a California Licensed Architect with experience designing and building commercial, industrial or governmental buildings); and

1. Clay Schoen (Appointment, as a member meeting the requirement of a California Certified Public Accountant with experience in professional accounting)

2. 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:

COMMISSION REPORTS:

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

7. Council Activity Report

ACTIVITIES REPORTS/COMMENTS OF COUNCILMEMBERS:

8. 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.

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

10. COUNCILMEMBER MICHELLE METSCHEL

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

11. 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:

12. Resolution Against Antisemitism

RECOMMENDATION:

That the City Council directs staff to prepare a resolution establishing the City's antisemitism position.

13. Support for H.R. 1680 (Unhandcuffing Police to Locate and Interdict Foreign Transgressors Act)

RECOMMENDATION:

That the City Council authorizes letters be provided to Congressman Gabe Evans offering support for H.R. 1680 and Congressman Darrell Issa requesting him to co-sponsor the bill.

GENERAL INFORMATION ITEMS FOR DISCUSSION:

ORDINANCES: FIRST READING

14. Introduction of Ordinance to Prohibit the sale of Vaping Devices disguised as other products

RECOMMENDATION:

That the City Council moves to introduce the next Ordinance, in order.

ORDINANCES: SECOND READING AND ADOPTION

CLOSED SESSIONS:

15. Closed Session - Conference with Legal Counsel - Existing Litigation - pursuant to paragraph (1) of subdivision (d) of Government Code section 54956.9: Christine Greer v. City of El Cajon; WC Claim No. 22020148

16. Closed Session - Conference with Real Property Negotiators - pursuant to

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

Property:

APN 487-331-22-00
425 W. Main Street

Negotiating Party:

Jala, Inc.

Hitesh C. Patel, CEO

City Negotiators:

City Manager
Assistant City Manager
City Attorney

Under Negotiation:

Price and terms of payment for acquisition of property

17. 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

18. 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

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

Property:

APN 489-130-59-00

Negotiating Parties:

Alexander C. Davis, Esq., Buchalter Law Firm
8 Mendridge LLC

City Negotiators:

City Manager
Assistant City Manager
City Attorney

Under Negotiation:

Price and terms of payment for sale of property

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

City Council
Agenda Report
Agenda Item 1.

DATE: March 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:

That the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency approves Minutes of the February 25, 2025, Meeting of the El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency.

Attachments
02-25-25DRAFTminutes - 3PM

Joint Meeting: El Cajon City Council/Housing Authority/ February 25, 2025 Successor Agency to the Redevelopment Agency - 41 - 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

FEBRUARY 25, 2025

An Adjourned Regular Joint Meeting of the El Cajon City Council/Hou sing Authority/ Successor Agency to the El Cajon Redevelopment Agency, held Tuesday, February 25, 2025, was called to order by Mayor/Chair Bill Wells at 3:01 p.m., in the Council Chambers, 200 Civic Center Way, El Cajon, California.

R O L L C A L L
Council/Agencymembers present: Goble, Metschel, and Ortiz Council/Agencymembers absent: None
Mayor Pro Tem/Vice Chair absent: 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 Cle rk posted Orders of Adjournment of the February 11, 2025, meeting and the Agenda of the February 25, 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/ February 25, 2025 Successor Agency to the Redevelopment Agency - 42 - 3:00 p.m.

PRESENTATIONS: None

AGENDA CHANGES: None

CONSENT ITEMS: (1 – 7)

MOTION BY WELLS, SECOND BY ORTIZ, to APPROVE Consent Items 1 to 7.

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

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

Approve Minutes of the February 11, 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 waive s the reading in full of all Ordinances on the Agenda.

4. Acceptance of Broadway Creek Restoration Phase A

1. Accept the Broadway Creek Restoration Phase A project (173586PWCP), Bid No. 004-22; and

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

5. Designation of an Authorized Agent for the Filing of an Application to the California Office of Emergency Services

Adopt Resolution No. 016-25 to designate and approve the Authorized Agent for filing an application to the California Office of Emergency Services (CalOES) for the purpose of obtaining Federal financial assistance and/or State financial assistance for all open and future disasters.

Joint Meeting: El Cajon City Council/Housing Authority/ February 25, 2025 Successor Agency to the Redevelopment Agency - 43 - 3:00 p.m.

CONSENT ITEMS: (Continued)

6. Acceptance of Fiber Broadband project Bid No. 025-24

1. Accept the Fiber Broadband project, Bid No. 025 -24, Contract No. 30000249; and

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

7. December 31, 2024 Quarterly Treasurer’s Report

Receive the Treasurer’s Report for the quarter ended December 31, 2024.

PUBLIC COMMENT:

Brenda Hammond spoke about the success of Tiny Homes.

Carlos Gomez Perez spoke about spending money on the living Veterans who need assistance with mental health issues along with a memorial for Veterans. City Council members agreed with Mr. Gomez Perez and stated more feed-back from the community will be procured in the near future.

Melusina Faust spoke in support of a memorial for Veterans for future generations, and engagement for living Veterans. Ms. Faust requested a Res olution against upcoming legislation that restricts self-defense in one’s own home.

Truth spoke about Veterans, the welcome video for the City Council meetings, and recommended upgrading the microphones in the Chamber. She spoke about removing disruptive individuals from meetings, r ather than stopping the meeting, and comments made by Councilmembers during previous meetings.

WRITTEN COMMUNICATIONS: None

PUBLIC HEARINGS: None

Remainder of page intentionally left blank.

Joint Meeting: El Cajon City Council/Housing Authority/ February 25, 2025 Successor Agency to the Redevelopment Agency - 44 - 3:00 p.m.

ADMINISTRATIVE REPORTS:

8. Fiscal Year 2024-25 Mid-Year Report

RECOMMENDATION:

That the City Council:

1. Receives and accepts the CEQA designation;

2. Receives and accepts the Fiscal Year 2024-25 Mid-Year Report;

3. Increases or modifies Fiscal Year 2024 -25 appropriations in the net amount of $4,427,494 for additional needs as detailed in this report;

4. Authorizes the proposed capital expenditures detailed in this report; and

5. Authorizes the proposed personnel changes detailed in this report.

DISCUSSION

Director of Finance, Clay Schoen, provided detailed information of the Item.

Discussion ensued amongst City Council and Staff concerning the following:
 Pending ARPA funded projects;
 Electric vehicle’s shortcomings during emergencies;
 Capital projects; and
 Funding for over-hire of ten police officers.

Truth spoke about ARPA funds, electric cars and rebates from SDG&E.

MOTION BY ORTIZ, SECOND BY METSCHEL, to RECEIVE and accept the CEQA designation; Receive and accept the Fiscal Year 2024 -25 Mid- Year Report; Increase or modify Fiscal Ye ar 2024 -25 appropriations in the net amount of $4,427,494 for additional needs as detailed in this report; Authorize the proposed capital expenditures detailed in this report; and Authorize the proposed personnel changes detailed in this report.

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

9. Draft 2025 City Council Action Plan

RECOMMENDATION:

That the City Council receives the report, provides feedback, and approves the 2025 City Council Action Plan.

DISCUSSION

City Manager Mitchell provided detailed information of the Item.

Joint Meeting: El Cajon City Council/Housing Authority/ February 25, 2025 Successor Agency to the Redevelopment Agency - 45 - 3:00 p.m.

ADMINISTRATIVE REPORTS: (Item 9 – Continued)

Discussion ensued amongst City Council and Staff concerning the following:
 Focus growth plans around Gillespie Field;
 Homelessness;
 Plan goal setting in October or November to align with fiscal year;  Changing and adding more days to the Quality of Life schedule; and  Consider a tax increase to provide more homeless encampment cleaning.

Truth provided feedback on the proposed City Council action plan.

Brenda Hammond spoke of churches that take advantage of the homeless population.

MOTION BY ORTIZ, SECOND BY METSCHEL, to RECEIVE the r eport, and approve the 2025 City Council Action Plan.

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

COMMISSION REPORTS:

ACTIVITIES REPORTS/COMMENTS OF MAYOR WELLS:

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

10. Council Activities Report/Comments

Oral report provided.

ACTIVITIES REPORTS OF COUNCILMEMBERS:

11. 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.

Joint Meeting: El Cajon City Council/Housing Authority/ February 25, 2025 Successor Agency to the Redevelopment Agency - 46 - 3:00 p.m.

ACTIVITIES REPORTS OF COUNCILMEMBERS: (Continued)

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

Council Activities Report/Comments.

Report as submitted.

13. 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.

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

Council Activities Report/Comments.

Report as submitted.

JOINT COUNCILMEMBER REPORTS: None

GENERAL INFORMATION ITEMS FOR DISCUSSION: None

ORDINANCES: FIRST READING - None

ORDINANCES: SECOND READING AND ADOPTION - None

CLOSED SESSIONS: None

Joint Meeting: El Cajon City Council/Housing Authority/ February 25, 2025 Successor Agency to the Redevelopment Agency - 47 - 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 25th day of February, 2025, at 4:27 p.m., to Tuesday, March 11, 2025, at 3:00 p.m.

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

DATE: March 11, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Mara Romano, Purchasing Agent
SUBJECT: Contract Amendment for RFP No. 009-21 – Custodial Services RECOMMENDATION:

That the City Council adopts the next Resolution, in order, to increase the multi-year Agreement for Custodial Services with CCS San Diego Janitorial, Inc. dba CCS Facility Services (CCS) in the not-to-exceed amount of $164,719.68.

BACKGROUND:

On September 8, 2020, the City Council awarded RFP #009-21, Custodial Services, to CCS in an amount not to exceed $413,757.68 for the initial one-year term and $1,782,938.03 for estimated four-year renewal costs. The City entered into an agreement with CCS in November 2020 and is currently in the fourth and final one-year renewal term.

Since the onset of the contract, several factors have contributed to the requested contract increase of $164,719.68, such as the addition of services (deep cleaning, power washing, special events) and inflation. The additional compensation will accommodate the completion of services for the final contract year.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed contract amendment for custodial services is exempt from the California Environmental Quality Act ("CEQA") pursuant to section 15378(b)(2) of the State CEQA Guidelines.

FISCAL IMPACT:

Approval of the $164,719.68 increase will supplement the current contract, for a total not-to-exceed amount of $2,361,415.39. Funds are available in Fiscal Year 2024-25 Annual Budget: Facilities – Janitorial Services (101550).

Prepared By: Mara Romano, Purchasing Agent
Reviewed By: Dave Richards, Director of Public Works - Operations Approved By: Graham Mitchell, City Manager
Attachments
Resolution
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Page 1 of 2 ends

RESOLUTION NO. ___-25

RESOLUTION APPROVING AN AMENDMENT TO THE
CONTRACT FOR RFP NO. 009-21 FOR CUSTODIAL SERVICES

WHEREAS, on September 8, 2020, the City Council awarded RFP #009- 21, Custodial Services to CCS San Diego Janitorial, Inc. dba CCS Facility Services ("CCS") in an amount not to exceed $413,757.68 for the initial one- year term and $1,782,938.03 for estimated four-year renewal costs; and

WHEREAS, the City entered into an agreement with CCS in November of 2020 and is currently in the fourth and final one-year renewal term; and

WHEREAS, since the onset of the contract, several factors have contributed to the requested contract increase of $164,719.68 in the final contract year, such as the addition of services (deep cleaning, power washing, special events) and inflation; and

WHEREAS, t he additional compensation will accommodate the completion of services for the final contract year; and

WHEREAS, the proposed contract amendment for custodial services is exempt from the California Environmental Quality Act ("CEQA") pursuant to section 15378(b)(2) of the CEQA Guidelines; and

WHEREAS, approval of the $164,719.68 increase will supplement the current contract, for a total not-to-exceed amount of $2,361,415.39 over five (5) years; and

WHEREAS, funds are available in Fiscal Year 2024- 25 Annual Budget: Facilities – Janitorial Services (101550).

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 approves the increase to the multi-year Agreement for Custodial Services with CCS San Diego Janitorial, Inc. dba CCS Facility Services (CCS) in the not-to-exceed amount of $164,719.68.

3. The City Council finds that this proposed contract amendment for custodial services is exempt from the California Environmental Quality Act ("CEQA") pursuant to section 15378(b)(2) of the CEQA Guidelines.

4. The Director of Finance is hereby directed to cause the con tract with CSS

Page 2 of 2 ends

to be amended to increase the compensation amount to accommodate the completion of services for the final contract year.

03/11/25 CC Agenda
Reso – RFP 009-21-Amend CSS Contract Incr. Comp.

City Council
Agenda Report
Agenda Item 5.

DATE: March 11, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Mara Romano, Purchasing Agent
SUBJECT: Award of RFQ No. 12500318 – Throwable Tactical Micro-Robots RECOMMENDATION:

That the City Council adopts the next Resolution, in order, to award to the sole responsive, responsible bidder, ReconRobotics, Inc., in the amount of $36,999.86.

BACKGROUND:

The Request for Quotes (RFQ) was advertised on February 7, 2025, and one response was received and evaluated on February 25, 2025. The RFQ included the procurement of two throwable tactical micro-robots with mandatory accessories. One unit is funded with the Citizen’s Option for Public Safety Grant and the other with the State Homeland Security Grant.

The units enable the Police Department to obtain instantaneous video and audio reconnaissance within indoor and outdoor environments.

In compliance with ECMC 3.20.130(A)(1), “Provided that all procedures and conditions to acquire military equipment as set forth in the approved military equipment use policy have been conducted and met, all contracts for the acquisition of military equipment may be awarded by the city council in accordance with applicable law”, staff recommends the City Council adopts a resolution to award to the sole responsive, responsible bidder, ReconRobotics, Inc., in the amount of $36,899.86.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

This action is exempt from the California Environmental Quality Act (“CEQA”) in accordance with State CEQA Guidelines section 15378(b)(2). It will not result in any direct or indirect physical change in the environment because it solely provides authorization for the purchase of equipment.

FISCAL IMPACT:

The fiscal impact of the award is $36,999.86. Funds of $18,499.93 are available in Citizen’s Option for Public Safety Grant (215380) and the remaining funds of $18,499.93 are available in State Homeland Security Grant (SHSG23.PDGR) budgets.
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Prepared By: Mara Romano, Purchasing Agent
Reviewed By: Jeremiah Larson, Police Chief
Approved By: Graham Mitchell, City Manager
Attachments
Resolution

Page 1 of 2 ends

RESOLUTION NO. ___-25

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CAJON APPROVING THE PURCHASE OF TWO THROWABLE TACTICAL

MICRO-ROBOTS WITH MANDATORY ACCESSORIES

WHEREAS, the Request for Quotes ("RFQ") No. 12500318 for the purchase of two throwable tactical micro-robots with mandatory accessories, was advertised on February 7, 2025 and one response was received and evaluated on February 28, 2025; and

WHEREAS, ReconRobotics, Inc. was the sole responsive, responsible bidder; and

WHEREAS, in compliance with ECMC 3.20.130(A)(1), staff recommends the City Council adopt a resolution to award the bid to the sole responsive, responsible bidder, ReconRobotics, Inc., in the amount of $36,899.86 , finding that all procedures and conditions to acquire military equipment as set forth in the approved military equipment use policy have been conducted and met, all contracts for the acquisition of military equipment may be awarded by the city council in accordance with applicable law; and

WHEREAS, one of the units is funded with the Citizen’s Option for Public Safety Grant and the other with the State Homeland Security Grant; and

WHEREAS, the units enable the Police Department to obtain instantaneous video and audio reconnaissance within indoor and outdoor environments; and

WHEREAS,
this action is exempt from the California Environmental Quality Act (“CEQA”) in accordance with State CEQA Guidelines section 15378(b)(2). It will not result in any direct or indirect physical change in the environment because it solely provides authorization for the purchase of equipment.

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. In accordance with ECMC section 3.20.010(C)(1), the City Council hereby approves and authorizes the procurement of two throwable tactical micro- robots with mandatory accessories from
ReconRobotics, Inc., in the not-to-exceed amount of $36,899.86.

3. The City Council hereby determines that this action is exempt from the California Environmental Quality Act (“CEQA”) in accordance with State CEQA Guidelines section 15378(b)(2). It will not result in any direct or indirect physical change in the environment because it solely provides authorization for the purchase of equipment.

4. The City Manager, or such person as is designated by the City Manager, is hereby authorized and directed to execute any agreements and subsequent amendments , along with

Page 2 of 2 ends

such other documents necessary, as may be approved by the City M anager, on behalf of the City.

03/11/25 CC Agenda
Reso – Purchase Throwable Tactical Micro-Robots 030325
City Council
Agenda Report
Agenda Item 6.

DATE: March 11, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Angela Cortez, City Clerk
SUBJECT: Appointments to the Public Safety Facility Financing Oversight Committee RECOMMENDATION:

That the City Council appoints the following members to the Public Safety Facility Financing Oversight Committee, with terms to expire on January 31, 2029:

John Forrest (Re-appointment, as a member meeting the requirement of a California Licensed Architect with experience designing and building commercial, industrial or governmental buildings); and

1. Clay Schoen (Appointment, as a member meeting the requirement of a California Certified Public Accountant with experience in professional accounting)

2. BACKGROUND:

Public Safety Facility Financing Oversight Committee
Vacancy: Four (4) Committee Members with a Term expiration of 01/31/2029.

Requirements:

According to Section 2.24.910 of the El Cajon Municipal Code, the Public Safety Facility Financing Oversight Committee shall consist of seven members, no less than four members who are residents of the City at the time of applying for the commission and who shall continue to reside in the City during their term of office.

1. Members 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.

2. Four members of the committee must be a resident of the City of El Cajon and meet one of the following occupations or categories:

Business Owner from the El Cajon Business Community
Member of a bona fide tax payer's association or organization Public Safety Employee (i.e. either police or fire personnel) either retired from service or not employed by the City
A resident elector of the City of El Cajon
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• • •
•
Three committee members, a resident or non-resident of the City of El Cajon, must be from one or more of the following occupations, in order to have a broad representation of construction and financing of public facilities:

California Licensed Architect with experience designing and building commercial, industrial or governmental buildings
California Licensed General Contractor with experience constructing commercial, industrial or governmental buildings
California Licensed Civil Engineer with experience designing and building commercial, industrial or governmental buildings
Building/Property Manager with experience in the management of commercial buildings Construction Estimator with experience in estimating the construction of large-scale projects
California Certified Public Accountant with experience in professional accounting PSFFOC 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.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed appointment to be 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. It is an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment.

FISCAL IMPACT:

None.

Prepared By: Angela Cortez, City Clerk
Reviewed By: N/A
Approved By: Graham Mitchell, City Manager
•
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City Council
Agenda Report
Agenda Item 7.

DATE: March 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:

February 28, 2025 - SANDAG Board of Directors Meeting
March 3, 2025 - Meeting with Patrick G. - ECPOA
March 10, 2025 - County of San Diego City Selection Committee Meeting March 11, 2025 - Navajo Canyon Republican Women's Meeting March 11, 2025 - City Council Meeting(s)
I am available to answer questions.

Submitted By: Bill Wells, Mayor
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City Council
Agenda Report
Agenda Item 8.

DATE: March 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:

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:

February 24, 2025 - Emails with Heather S. re: School Traffic February 24, 2025 - Emails with Stephanie T. re: 72hr parking issue February 25, 2025 - Emails with AJ Q. re: Car Show Follow Up February 27, 2025 - Emails with City Manager re: Potential Drug House February 27, 2025 - Emails with Bill P. re: Speeding
February 27, 2025 - Meeting with Lemon Grove CM Mendoza re: Tiny Homes February 28, 2025 - Phone Call with AWP Administrator
March 1, 2025 - Present Certificate at Pregnancy Care Clinic Event March 3, 2025 - Emails with CalTrans re: Freeway Guardrail Status March 4, 2025 - Speak at Floyd J. Breakfast Group
March 4, 2025 - Attend Lemon Grove Council Meeting
March 5, 2025 - Speak at MTS Press Conference
March 6, 2025 - Attend MTS Executive Committee Meeting
March 7, 2025 - Attend Meals on Wheels Event
March 7, 2025 - Attend Chamber First Friday Breakfast Event March 10, 2025 - Meeting with City Manager
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March 11, 2025 - Speak at Rotary
March 11, 2025 - City Council Meeting(s)
I am available to answer questions.

Submitted By: Steve Goble, Councilmember
City Council
Agenda Report
Agenda Item 9.

DATE: March 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:

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:

March 6, 2025 - Metro Wastewater JPA Meeting
March 11, 2025 - City Council Meeting(s)
I am available to answer questions.

Submitted By: Gary Kendrick, Mayor Pro Tem
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City Council
Agenda Report
Agenda Item 10.

DATE: March 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:

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:

February 27, 2025 - Meeting with Members of the ECPD POA March 11, 2025 - City Council Meeting(s)
I am available to answer questions.

Submitted By: Michelle Metschel, Councilmember
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City Council
Agenda Report
Agenda Item 11.

DATE: March 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:

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:

March 11, 2025 - City Council Meeting(s)
I am available to answer questions.

Submitted By: Phil Ortiz, Councilmember
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City Council
Agenda Report
Agenda Item 12.

DATE: March 11, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Bill Wells, Mayor & Gary Kendrick, Mayor Pro Tem
SUBJECT: Resolution Against Antisemitism
RECOMMENDATION:

That the City Council directs staff to prepare a resolution establishing the City's antisemitism position.

BACKGROUND:

In the United States, there has been a rise in antisemitic crimes and incidents. A 2022 FBI report documented that nearly 60 percent of all religious-based hate crimes targeted Jewish individuals or institutions, despite Jewish people making up only about 2 percent of the United States population. Since the October 7, 2023, Hamas attack on Israel, the Anti-Defamation League (ADL) reports a dramatic surge in antisemitic crimes. As such, the Antisemitism Task Force of San Diego has requested that the El Cajon City Council adopts a resolution or an ordinance establishing policies against antisemitism. We recommend that the City Council directs staff to tailor the sample resolution provided by the Antisemitism Task Force (attached) and present it at the following meeting.

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.

FISCAL IMPACT:

None.

Prepared By: Bill Wells, Mayor & Gary Kendrick, Mayor Pro Tem Reviewed By: N/A
Approved By: N/A
Attachments
Sample Antisemitism Resolution
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SAMPLE RESOLUTION
A RESOLUTION OF THE CITY OF EL CAJON RECOGNIZING THE  GROWING PROBLEM OF ANTISEMITISM IN AMERICA AND CALLING FOR  THE ADOPTION OF THE INTERNATIONAL HOLOCAUST REMEMBRANCE  ALLIANCE (“IHRA”) WORKING DEFINITION OF ANTISEMITISM, INCLUDING  THE ELEVEN (11) CONTEMPORARY EXAMPLES STATED HEREIN, AS AN  IMPORTANT TOOL TO ADDRESS IT; FURTHER DIRECTING THE CITY  MANAGER TO ENSURE THAT THE IHRA WORKING DEFINITION OF  ANTISEMITISM IS AVAILABLE AS AN EDUCATION RESOURCE FOR THE DEPARTMENT OF POLICE AND OTHER CITY DEPARTMENTS  AND AGENCIES RESPONSIBLE FOR ADDRESSING ANTISEMITISM AND  OTHER FORMS OF DISCRIMINATION.

WHEREAS,  antisemitism,  including  harassment  on  the  basis  of  actual  or  perceived Jewish origin, ancestry, ethnicity, identify, affiliation, or faith, remains a persistent, pervasive,  and disturbing problem in American society; and
WHEREAS,  Jews  continue  to  be  a  targeted  minority  in  the  United  States  and  are consistently the most likely of all religious groups to be victimized by incidents of hate, and such incidents are increasing at an alarming rate; and
WHEREAS,  state  officials  and  institutions  have  a  responsibility  to  protect  citizens from acts of hate and bigotry, including antisemitism, and must be given the tools to do so; and WHEREAS,  valid  monitoring,  informed  analysis  and  investigation,  and  effective  policy making all benefit from accurate and uniform definitions; and WHEREAS, in May 2016, the International Holocaust Remembrance Alliance (“IHRA”), by consensus vote of its member states, adopted a Working Definition of Antisemitism, which has become the internationally recognized, authoritative definition for use by governments and international organizations; and
WHEREAS,  the  IHRA  Working  Definition  has  proven  to  be  an  essential  tool  used to determine contemporary manifestations of antisemitism; and WHEREAS, the IHRA definition is used by various agencies of the federal government, the  majority  of  the  United  States,  and  the  33  governments  that  are  members  of  IHRA; recommended for use by the European Council and the European Parliament, endorsed by the UN Secretary General and the Secretary General of the OAS, included in policy guides prepared by the Organization for Security and Cooperation in Europe, and formally adopted by the Global Council of Imams, and a growing number of European nations.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF  EL CAJON, CALIFORNIA:

Section  1.  The  recitals  and  findings  contained  in  the  Preamble  to  this  Resolution are hereby adopted by reference and incorporated herein as if fully set forth in this Section.

Section 2. The City of El Cajon recognizes the growing problem of antisemitism in the U.S. and  adopts  the  Working  Definition  of  Antisemitism,  including  the  contemporary  examples  of antisemitism, adopted by the International Holocaust Remembrance Alliance (IHRA) on May 26, 2016, as an important tool to address it.

Section 3. The City Commission directs the City Manager to ensure that the IHRA Working Definition of Antisemitism is available as an education resource for the Department of Police and other City departments and agencies responsible for addressing antisemitism and other forms of discrimination.

Section 4. This Resolution shall become effective immediately upon its adoption.

City Council
Agenda Report
Agenda Item 13.

DATE: March 11, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Steve Goble, City Councilmember and Bill Wells, Mayor SUBJECT: Support for H.R. 1680 (Unhandcuffing Police to Locate and Interdict Foreign Transgressors Act)
RECOMMENDATION:

That the City Council authorizes letters be provided to Congressman Gabe Evans offering support for H.R. 1680 and Congressman Darrell Issa requesting him to co-sponsor the bill.

BACKGROUND:

California Senate Bill 54 (2017, “SB54” or “the California Values Act”) limits a local law enforcement agency’s ability to work with federal law enforcement in the apprehension of dangerous criminals living illegally in the country.

Colorado Congressman Gabe Evans (CO-8) has introduced a bill (H.R. 1680) titled the Unhandcuffing Police to Locate and Interdict Foreign Transgressors Act (the “UPLIFT Act”). The full text of the bill has not been formally submitted. However, the following official title has been introduced: "To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to expand the prohibition on State noncompliance with enforcement of the immigration laws, and for other purposes." Further, Evans wrote in a March 1, 2025 post on X, “Bloodthirsty gangs thrive when blue-state sanctuary laws tie cops’ hands. My UPLIFT Act ‘uncuffs’ local police and restores their power to work with federal officials and keep our communities safe.” Recently, the El Cajon City Council passed a resolution stating the City Council’s intent to comply with federal immigration laws to the legal extent possible, for the sole purpose of removing dangerous criminals from our City.

We propose that the City Council provide letters to: 1) Congressman Gabe Evans offering support of his effort, including helping draft the legislation, and 2) Congressman Darrell Issa requesting him to co-sponsor the bill. Draft letters are provided for City Council consideration and feedback.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed 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 administrative activity of government that will not result in a direct or indirect physical change in the environment. .!!!!_ Valley of opportunity
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FISCAL IMPACT:

None.

Prepared By: Steve Goble, City Councilmember and Bill Wells, Mayor Reviewed By:

Approved By: N/A
Attachments
Draft Letters to Congressmen Evans & Issa

DRAFT LETTER TO CONGRESSMAN GABE EVANS
March 12, 2025
The Honorable Gabe Evans
1229 Longworth House Office Building
United States House of Representatives
Washington, D.C. 20515
Dear Congressman Evans,
We are pleased to read of your bill H.R. 1680, the UPLIFT Act and its intent to allow local law enforcement agencies to rid our communities nationwide of dangerous criminals who are living illegally in our country. Our own police chief has been quoted as being told there may be upwards of 200 of these individuals living in our City.

At the same time, we are hoping this law will also allow local law enforcement to work with the same federal agencies to locate and ensure the safety of nearly 300,000 minors who entered the country unaccompanied. As many as 52 of these minors may be living within our City.

While we are looking to be uncuffed from limitations of California Senate Bill 54 (2017, the “California Values Act”) to rid us of criminals and allow us to ensure safety of children, we also are mindful of the valuable contributions of millions of immigrants who have been upstanding residents, paying taxes, establishing businesses and creating jobs, furthering their education, and adding value to communities like El Cajon. Just as there are many kinds of immigrants, there must many kinds of solutions.

Our City Council supports your impending legislation. As you fine-tune your text, please don’t hesitate to contact us for a California perspective. We look forward to working with you.

Very truly yours,
Bill Wells
Mayor, City of El Cajon
cc: City Councilmembers Steve Goble, Gary Kendrick, Michelle Metschel, Phil Ortiz City Manager Graham Mitchell
City Attorney Morgan Foley

DRAFT LETTER TO CONGRESSMAN DARRELL ISSA
March 12, 2025
The Honorable Darrell Issa
2108 Rayburn House Office Building
United States House of Representatives
Washington, D.C. 20515
Dear Congressman Issa,
Last week, Congressman Gabe Evans of Colorado (R-CO-8) introduced H.R. 1680, the Uncuffing Police to Locate and Interdict Foreign Transgressors (“UPLIFT”) Act. Its intent is to allow local law enforcement agencies to rid our communities nationwide of dangerous criminals who are living illegally in our country. Our own police chief in El Cajon has been quoted as being told there may be upwards of 200 of these individuals living in our City.

At the same time, we are hoping this law will also allow local law enforcement to work with the same federal agencies to locate and ensure the safety of nearly 300,000 minors who entered the country unaccompanied. As many as 52 of these minors may be living within our City.

While we are looking to be uncuffed from limitations of California Senate Bill 54 (2017, the “California Values Act”) to rid us of criminals and allow us to ensure safety of children, we also are mindful of the valuable contributions of millions of immigrants who have been upstanding residents, paying taxes, establishing businesses and creating jobs, furthering their education, and adding value to communities like El Cajon. Just as there are many kinds of immigrants, there must many kinds of solutions.

We are asking you to be a co-sponsor of the legislation. We need to give our police officers every tool we can to ensure the safety of all our residents. If you have any questions, please don’t hesitate to contact me.

Very truly yours,
Bill Wells
Mayor, City of El Cajon
cc: City Councilmembers Steve Goble, Gary Kendrick, Michelle Metschel, Phil Ortiz City Manager Graham Mitchell
City Attorney Morgan Foley
City Council
Agenda Report
Agenda Item 14.

DATE: March 11, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Graham Mitchell, City Manager
SUBJECT: Introduction of Ordinance to Prohibit the sale of Vaping Devices disguised as other products
RECOMMENDATION:

That the City Council moves to introduce the next Ordinance, in order.

BACKGROUND:

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

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

On February 11, 2025, the City Council reviewed the draft ordinance that would prohibit the sale of disguised vaping devices in the City. Similar regulations have recently been considered in states such as New York and Illinois and cities such as New York City, San Francisco, and Boulder, which would prohibit the sale of vaping devices disguised as common items like school supplies, pens, or USB drives. In summary, the draft ordinance would add a new section to Chapter 8.33 that prohibits the sale of these devices, defines the violation, and establishes a penalty for the violation.

On February 21, 2025, a notice with the City Council's public hearing date for this item and the proposed ordinance were mailed to each licensed tobacco retailer on record. In response to the notice, one retailer sought clarification but did not state a position of for or against.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed amendment is exempt from the provisions of the California Environmental Quality Act (“CEQA”) according to the common sense exemption (State CEQA Guidelines, section 15061(b)(3)). The common sense exemption applies where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
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Prepared By: Angela Cortez, City clerk
Reviewed By: N/A
Approved By: Graham Mitchell, City Manager
Attachments
Ordinance
Notice to Licensed Retailers

Page 1 of 3 ends

ORDINANCE NO. ___

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

TO REGULATION OF LICENSURE OF TOBACCO RETAILERS

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

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

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

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

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

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

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

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

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

2. The possession of six (6) or more vaping or electronic smoking devices prohibited under this subsection at a single tobacco retailer location shall create a rebuttable presumption that the devices were intended for sale or distribution.

Page 2 of 3 ends

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

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

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

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

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

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

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

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

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

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

8.33.050, upon a finding by the department of a fourth license violation within any thirty -six month period, the license shall be revoked, and the tobacco retailer shall pay an
administrative fine in the amount of two thousand five hundred dollars. Further, the proprietor or proprietors who had been

Page 3 of 3 ends

issued the licens e shall never again be issued a tobacco retailer's license pursuant to this chapter.

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

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

Ord – Amend 8.33 - Vaping Devices 022525

12/10/24 CC Agenda – Proposal
01/14/25 CC Agenda – Review
01/28/25 CC Agenda – Review
02/11/25 CC Agenda – Approval
03/11/25 CC Agenda – 1st Reading
03/25/25 CC Agenda – 2nd Reading
COPY
Sent to all licensed retailers
February 21, 2025 Sent Via First Class Mail
Subject: Proposed Prohibition of Disguised Vaping and Electronic Smoking Devices First, I want to express my gratitude for your commitment to operating a business in the City of El Cajon. The business community plays a crucial role in the city, and I sincerely appreciate the efforts and sacrifices you make to ensure the success of your business.

Please note that on December 10, 2024, the City Council discussed the use of disguised vaping and electronic smoking devices, and their hazardous health impacts to young people. The City Council further discussed their interest in addressing how these vaping and electronic smoking devices make their way into the possession of the young. Moreover, the City Council considered prohibiting the sale of vaping and electronic smoking devices disguised as other products in order to limit their health impacts to El Cajon' s youth. The City Council then directed staff to prepare an ordinance prohibiting the sale of such devices in the City.

On February 11, 2025, the City Council was presented with a draft ordinance for their review and feedback. After discussing the proposed ordinance and hearing public testimony, the City Council determined the draft ordinance meets their expectations, and that it be scheduled for approval at the next available public hearing.

For your reference, the proposed ordinance is included with this letter, and will be presented to the City Council at 3:00 p.m., Tuesday, March 11, 2025, at the City Council Chambers, 200 Civic Center Way, El Cajon. You are welcomed to attend to speak on this matter. If you have any questions, comments, or concerns, please contact me at 619-441-1705 or [email protected].

We believe this ordinance will be an effective tool in helping to ensure a safe and healthy community. Thank you for your business and participation with this proposed ordinance.

Sincerely,
ewpL Anthony Shute
Director of Community Development
Enclosure:

City Council
Agenda Report
Agenda Item 15.

DATE: March 11, 2025
TO: City Clerk
FROM: City Attorney/General Legal Counsel
SUBJECT: Closed Session - Conference with Legal Counsel - Existing Litigation - pursuant to paragraph (1) of subdivision (d) of Government Code section 54956.9: Christine Greer v. City of El Cajon; WC Claim No. 22020148 RECOMMENDATION:

That the following Closed Session be scheduled for the Joint City Council / Housing Authority / Successor Agency to the El Cajon Redevelopment Agency meeting on Tuesday, March 11, 2025 at 3:00 p.m.

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

NAME OF CASE:

Christine Greer
WC Claim No. 22020148
Morgan L. Foley
City Attorney/General Legal Counsel
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City Council
Agenda Report
Agenda Item 16.

DATE: March 11, 2025
TO: City Clerk
FROM: City Attorney/General Legal Counsel
SUBJECT: Closed Session - Conference with Real Property Negotiators - pursuant to Government Code section 54956.8:

Property:

APN 487-331-22-00
425 W. Main Street

Negotiating Party:

Jala, Inc.

Hitesh C. Patel, CEO

City Negotiators:

City Manager
Assistant City Manager
City Attorney

Under Negotiation:

Price and terms of payment for acquisition of property
RECOMMENDATION:

That the following Closed Session be scheduled for the Joint City Council / Housing Authority / Successor Agency to the El Cajon Redevelopment Agency meeting on Tuesday, March 11, 2025, at 3:00 p.m.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS – pursuant to Government Code section 54956.8.

Conference with real property negotiators is not a project subject to the California Environmental Quality Act (CEQA) because it is a procedural, administrative step in the process.

Morgan L. Foley
City Attorney/General Legal Counsel
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City Council
Agenda Report
Agenda Item 17.

DATE: March 11, 2025
TO: City Clerk
FROM: City Attorney/General Legal Counsel
SUBJECT: 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
RECOMMENDATION:

That the following Closed Session be scheduled for the Joint City Council / Housing Authority / Successor Agency to the El Cajon Redevelopment Agency meeting on Tuesday, March 11, 2025, at 3:00 p.m.

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9:

Number of Potential Cases: 1
Morgan L. Foley
City Attorney/General Legal Counsel
MLF:hms
.!!!!_ Valley of opportunity
~ ~ ~
C'o ~ '\.o,
"'Poratel\
City Council
Agenda Report
Agenda Item 18.

DATE: March 11, 2025
TO: City Clerk
FROM: City Attorney/General Legal Counsel
SUBJECT: 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
RECOMMENDATION:

That the following Closed Session be scheduled for the Joint City Council / Housing Authority / Successor Agency to the El Cajon Redevelopment Agency meeting on Tuesday, March 11, 2025, at 3:00 p.m.

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9:

Number of Potential Cases: 1
Morgan L. Foley
City Attorney/General Legal Counsel
MLF:hms
.!!!!_ Valley of opportunity
~ ~ ~
C'o ~ '\.o,
"'Poratel\
City Council
Agenda Report
Agenda Item 19.

DATE: March 11, 2025
TO: City Clerk
FROM: City Attorney/General Legal Counsel
SUBJECT: Closed Session - Conference with Real Property Negotiators - pursuant to Government Code section 54956.8:

Property:

APN 489-130-59-00

Negotiating Parties
:

Alexander C. Davis, Esq., Buchalter Law Firm
8 Mendridge LLC

City Negotiators
:

City Manager
Assistant City Manager
City Attorney

Under Negotiation
:

Price and terms of payment for sale of property
RECOMMENDATION:

That the following Closed Session be scheduled for the Joint City Council / Housing Authority / Successor Agency to the El Cajon Redevelopment Agency meeting on Tuesday, March 11, 2025, at 3:00 p.m.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS – pursuant to Government Code section 54956.8.

Conference with real property negotiators is not a project subject to the California Environmental Quality Act (CEQA) because it is a procedural, administrative step in the process.

Morgan L. Foley
City Attorney/General Legal Counsel
MLF:hms
.!!!!_ Valley of Opportunity

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