ONLINE AGENDA INFORMATION
The online Agenda is not the official Agenda for the EI Cajon City Council, but is posted and published five days prior to the City Council Meeting for the convenience of the public. Changes may be made up to 72 hours prior to the meeting; therefore added or deleted items may not appear on the City's website at this time. The City Council's official Agenda is prepared and posted outside City Council Chambers in the kiosk 72 hours prior to every regular meeting, and 24 hours prior to every special meeting. You may call the City Clerk's Office at (619) 441m1763 for information about any changes to this Agenda.
AGENDA BINDER, INCLUDING AGENDA REPORTS, IS AVAILABLE FOR VIEWING AFTER 4:00 P.M., THE FRIDAY BEFORE THE COUNCIL MEETING, AT THE EL CAJON BRANCH OF THE PUBLIC LIBRARY, 201 E. DOUGLAS AVENUE, PHONE (619) 588~3718.
LIBRARY HOURS: Monday - Thursday 9:30 a.m. - 8:00 p.m., Friday & Saturday 9:30 a.m. 5:00 p.m., and Sunday 12:00 - 5:00 p.m.
SUPPLEMENTAL AGENDA ITEM DOCUMENTS AND/OR MATERIALS RECEIVED AFTER POSTING OF THIS AGENDA, IF ANY, MAY BE VIEWED IN THE CITY CLERK'S OFFICE AT 200 CIVIC CENTER WAY, EL CAJON, MONDAY THROUGH THURSDAY, 7:30 A.M. TO 5:30 P.M. AND ON ALTERNATE FRIDAYS FROM 8:00 A.M. TO 5:00 P.M.
FOR A SCHEDULE OF FRIDAY CITY HALL CLOSURES, VISIT WWW.CITYOFELCAJON.US OR CALL THE CITY CLERK'S OFFICE AT (619) 441-1763. 11, 2012 (])oUfj *ffifori City 9tlanager
'Tony.JimBrose !M.organ PaCey CityJlttorney .~ayor CPYo tIel!l 2(flthie t.R.1J,t e qary aric~ City Cfet{ CounciCmem6er BfJ'urner (BoB 9Vl.cCfelIan triot ay ~ S tem6er 11, 2012 Upcoming Events in Cajon - City Council Meeting For September 11,2012 Line - ReDD.rl Fun Facts about Trees from Mayor Lewis Trees provide shade and shelter, reducing yearly heating and cooling costs by 2.1 billion dollars September 12 - "The Project" EI Cajon Police Department Community meeting. EI Cajon residents and businesses are invited to meet with officers to voice any concerns. This meeting is from 4:00 to 6:00 p.m. in the Community Room of the EI Cajon Police Station, located at 100 Civic Center Way. September 12 - "British Invasion" is the theme of Cajon Classic Cruise car show, hosted by the Downtown EI Cajon Promenade District. On September 19, it's Truck Mania, and on September 26, it's Thunder on Main (Cackle Cars) with a full street closure of E. Main Street from Magnolia and Claydelle Avenues. See these great classic cars on East Main Street from 5:00 to 8:00 p.m., through September 26, with two special holiday shows scheduled for October 26 and December 12. For more information on car shows and concerts, please call (619) 334-3000, or visit www.downtownelcajon.org. September 14 & 28 - Alternate Friday closures for EI Cajon City offices. Please go to www.cityofelcaion.us for a full calendar of hours for City offices during 2012. September 14 - Concerts on the Promenade presents The Soultones with Motown, R & B and Soul music. On September 21, it's Caliber with Contemporary Classic Rock and on September 28, the Concert Season closes with Sue Palmer and her Boogie Woogie music. Concerts are Friday nights through September 28, 6:00 to 8:00 p.m., at the Prescott Promenade, located at 201 E. Main Street September 20 - Journey To Our Historical Past, EI Cajon Centennial speaker series at the downtown EI Cajon Library, 6:30 to 7:30 p.m. The speaker is G. Gage Skinner, Cultural Anthropologist with "Grizzly Bear Tales and Beaver Hats; Daring Mountain Men and Their Wanderings to Rural San Diego and East County." For more information on these talks please call (619) 588-3708. Light refreshments made available by Viejas and Hometown Buffet, and a gift basket opportunity drawing sponsored by Point Loma Federal Credit Union. September 21 - Downtown EI Cajon Gallery Walk - See beautiful artwork at a dozen art galleries located along Main Street and Rea Avenue. Enjoy giveaways, food, beverages & live music. This event is free to the public! More Gallery Walk nights are scheduled for October 26, November 16 & December 7. Please call (619) 593-2205 for more information. October 4 - Journey To Our Historical Past, EI Cajon Centennial speaker series continues at the EI Cajon Library, 6:30 to 7:30 p.m. in the Community Room of the library at 201 E. Douglas Avenue. Our guest speaker is Jeanette Alessio-Way, "The History Lady" speaking on "The Life of a Kumeyaay Woman - Then and Now." October 5 - 14th Annual All Fore RoE-C. Golf Tournament, at Sycuan Golf Resort with a Shotgun Start at 12:00 p.m. Proceeds benefit the City of EI Cajon Recreation Department, serving the children of our community. To register, please call (619) 441-1673, or register online at www.elcaionrec.org. October 12 & 26 - Alternate Friday closures for EI Cajon City offices. Please go to www.cityofelcajon.us for a full calendar of hours for City offices during 2012. October 13 - City of EI Cajon Safety & Career Expo - A Centennial theme! Free family fun, from 10:00 a.m. to 2:00 p.m. at Fire Station 6, located at 100 East Lexington Avenue. Free safety helmet giveaway - while supplies last, safety and health displays, Home Depot Kids workshop and much more! Call (619) 441-1737 for more information. Centennial Celebration! Join us as we celebrate 100 years as a City on Monday, November 12, 2012. Fun family events are planned from 10:00 a.m. to 6:00 p.m. in downtown EI Cajon. Highlights include special .opening and closing ceremonies, a Centennial dedication, a tribute to Veterans, historical displays, vintage vehicles, Jimmie Johnson's #48 show car, kids' crafts, food and live entertainment! Register to be a volunteer, a supporting sponsor, or to share your memories and/or photos of growing up in EI Cajon by visiting our 'Nebsite at \,vww.e!cajon1 aO.com. Let's make this the biggest event of the century! September 11 , 2012 3:00 p.m. The Agenda contains a brief general description of each item to be considered and most items have a RECOMMENDATION from Staff or a Commission, which Council will consider when making a final decision. Copies of written documentation relating to each item of business on the Agenda are on file in the City Clerk's Office and in the Agenda Book next to the podium in the Council Chambers. PLEASE COMPLETE A "REQUEST TO SPEAK" FORM FOR EACH ITEM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK if you wish to speak about an Item on the Agenda or under Public Comment. o CALL TO ORDER: Mayor Mark Lewis @ ROLL CALL: City Clerk Kathie Rutledge PLEDGE OF ALLEGIANCE TO FLAG AND MOMENT OF SILENCE (The Courts have concluded that sectarian prayer as part of City Council Meetings is not permitted under the Constitution.) POSTINGS: The City Clerk posted Orders of Adjournment of the August 14, 2012, Meeting and the Agenda of the September 11, 2012, Meetings in accordance to State Law and Council/Authority Policy. PRESENTATIONS: o Presentation - Centennial - "I Am EI Cajon" • Neighborhood Watch Recognition " Proclamation - "September is National Preparedness Month" AGENDA CHANGES: *Backup Information Available - Housing Authority and Successor Agency Items are identified Joint Meeting: EI Cajon City Councill -1- September 11 , 2012 Housing Authority/Successor Agency to 3:00 p.m. and 7:00 p.m. The EI Cajon Redevelopment Agency CONSENT ITEMS: (1.1 = 1.18) *1.1 MINUTES OF CITY COUNCIL/HOUSING AUTHORITY MEETINGS RECOMMENDATION: That the City Council/Housing Authority/Successor Agency to the EI Cajon Redevelopment Agency approve Minutes of the August 14, 2012, Meeting of the EI Cajon City Council/Housing Authority/Successor Agency to the EI Cajon Redevelopment Agency. 1.2 WARRANTS RECOMMENDATION: That the City Council approve payment of Warrants as submitted by the Finance Department. 1.3 APPROVAL OF READING BY TITLE AND WAIVER OF READING IN FULL OF ORDINANCES ON AGENDA RECOMMENDATION: That the City Council approve the reading by title and waive the reading in full of all Ordinances on the Agenda. *1.4 APRIL - JUNE 2012 QUARTERLY TREASURER'S REPORT (Report: Deputy City Manager/Director of Finance and Treasurer) RECOMMENDATION: That the City Council receive the quarterly Treasurer's Report for the period ending June 30, 2012. *1.5 CHALDEAN FESTIVAL (Report: Director of Recreation) RECOMMENDATION: That the City Council approve the request from the Chaldean American Association to co-sponsor a Chaldean Festival to be held in the Prescott Promenade, October 6 - 7, 2012. Joint Meeting: EI Cajon City Council/ -2- September 11, 2012 Housing Authority/Successor Agency to 3:00 p.m. and 7:00 p.m. The EI Cajon Redevelopment Agency CONSENT ITEMS: (Continued) *1.6 SPECIAL OPERATION LICENSE - URE RESTAURANT 1255 East Main Street #A RECOMMENDATION: That the City Council deny the application submitted by Dany Danial for a restaurant located at 1255 East Main Street #A based upon the investigation conducted by the Police Department and their subsequent recommendation. *1.7 RESOLUTION: NEGOTIATED PROPERTY TAX EXCHANGE RELATIVE TO JURISDICTIONAL CHANGES WITH THE DETACHMENT OF PROPERTY AT 917 NORTH FIRST STREET (Report: Deputy City Manager/Director of Finance) RECOMMENDATION: That the City Council adopt the next RESOLUTION in order to approve a negotiated property tax exchange with the County of San Diego due to the detachment of parcel numbers 484-184-24-00 and 484-184-25-00 from the City of EI Cajon. *1.8 REQUEST FOR TEMPORARY SIGNS TO PROMOTE FIRE PREVENTION WEEK AND THE FIRE SAFETY EXPO (Report: Fire Chief) RECOMMENDATION: That the City Council approve the temporary use of two banners hung in front of Fire Station 6 facing Lexington Avenue and on the west side of the same building facing South Magnolia Avenue for the promotion of Fire Prevention Week and the Fire Department Safety Expo. *1.9 RESOLUTION: AUTHORIZATION FOR THE EXECUTION OF PROGRAM SUPPLEMENT AGREEMENTS WITH CALTRANS FOR TWO (2) FEDERAL~AID SAFE ROUTES TO SCHOOL PROJECTS (Report: Deputy City Manager/Director of Public Works) RECOMMENDATION: That the City Council adopt the next RESOLUTION in order to approve Program Supplement Agreement Nos. 044-N, and 045-N for two (2) Federal Aid Safe Routes to School (SRTS) projects. Joint Meeting: EI Cajon City Council! -3- September 11, 2012 Housing Authority/Successor Agency to 3:00 p.m. and 7:00 p.m. The EI Cajon Redevelopment Agency CONSENT ITEMS: (Continued) *1.10 RESOLUTION: APPROVAL FOR THE ESTABLISHMENT AND IMPLEMENTATION OF A TRAFFIC SIGN ASSESSMENT AND MANAGEMENT PROGRAM (Report: Deputy City Manager/Director of Public Works) RECOMMENDATION: That the City Council adopt the next RESOLUTION in order to approve the Establishment and Implementation of a Traffic Sign Assessment and Management Program, as required by the Federal Highway Administration (FHWA). *1.11 RESOLUTIONS: APPROVAL OF PLANS AND SPECIFICATIONS FOR REGULATORY TRAFFIC SIGN UPGRADES, FEDERAL-AID PROJECT HSIP 5211(020), Bid No. 006-13, Engineering Job No. PW3410 (Report: Deputy City Manager/Director of Public Works) RECOMMENDATION: That the City Council adopt the next RESOLUTIONS in order to approve Plans and Specifications and direct a Notice Inviting Sealed Bids to be opened on October 25,2012. *1.12 THIRD AMENDMENT TO THE AFFORDABLE HOUSING AGREEMENT WEILAND DEVELOPMENT COMPANY (Report: Director of Community Development) RECOMMENDATION: That the EI Cajon Housing Authority authorize the Executive Director, or designee, to amend the Affordable Housing Agreement executed on March 11, 2009, for the purpose of extending final loan payment due date to November 30, 2012, or the close of escrow of the first unit in Phase 5, whichever is later. *1.13 RESOLUTION: HOUSING REHABILITATION LOAN PROGRAM (Report: Director of Community Development) RECOMMENDATION: That the City Council adopt the next RESOLUTION in order approving the key components of the proposed revised Housing Rehabilitation Loan Program and authorizing the City Manager and/or his designee to develop all other implementation guidelines/documents and execute all housing rehabilitation loan program documents. Joint Meeting: EI Cajon City Council! -4- September 11, 2012 Housing Authority/Successor Agency to 3:00 p.m. and 7:00 p.m. The EI Cajon Redevelopment Agency CONSENT ITEMS: (Continued) *1.14 ACCEPTANCE OF TRAFFIC SIGNAL MODIFICATION AT BROADWAY! THIRD STREET, Bid No. 022~12, Engineering Job No. PW3409 (Report: Deputy City Manager/Director of Public Works) RECOMMENDATION: That the City Council accept the project and authorize the City Clerk to record a Notice of Completion and release the bonds in accordance with the contract terms. *1.15 FY2012 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT (Report: Chief of Police) RECOMMENDATION: That the City Council take the following actions: e Authorize the City Manager, or designee, to accept the 2012 San Diego County STEP Grant in the total amount of $89,999.99 and to execute any grant documents and agreements necessary for the receipt and use of these funds; and e Appropriate San Diego County STEP Grant funds in the amount of $66,125.07 for overtime, $1,000.00 for training, $22,263.50 for equipment, and $611.42 for educational materials, for a total of $89,999.99. *1.16 FY2012 SOBRIETY CHECKPOINT GRANT PROGRAM (Report: Chief of Police) RECOMMENDATION: That the City Council take the following actions: e Authorize the City Manager, or designee, to accept the 2012 San Diego County Sobriety Checkpoint Grant in the total amount of $24,550.00 and to execute any grant documents and agreements necessary for the receipt and use of these funds; and e Appropriate San Diego County Sobriety Checkpoint Grant funds in the amount of $19,000.00 for overtime, $5,300.00 for equipment, and $250.00 for miscellaneous supplies, for a total of $24,550.00. *1.17 APPROPRIATE ADDITIONAL TRANSNET FUNDS (EL11) TO COMPLETE THE REBID SIDEWALK REPAIR 2012 PROJECT (PW3405) (Report: Deputy City ManagerlDirector of Public Works) RECOMMENDATION: That the City Council appropriate an additional $106,000 from available TransNet Funds (EL11) to increase the budget for the rebid Sidewalk Repair 2012 Project (PW3405). Joint Meeting: EI Cajon City Council/ -5- September 11, 2012 Housing Authority/Successor Agency to 3:00 p.m. and 7:00 p.m. The EI Cajon Redevelopment Agency 4. ADMINISTRATIVE REPORTS: *4.1 FISCAL YEAR 2012/2013 YOUTH LEAGUE UTILITY SUPPORT RECOMMENDATION (Report: Director of Recreation) RECOMMENDATION: That the City Council approve the EI Cajon Recreation Council recommendation to provide utility support to nine Executive Member youth leagues. 5. COMMISSION REPORTS: None 6. ACTIVITIES REPORTS OF MAYOR LEWIS SANDAG (San Diego Association of Governments); SANDAG (Chair, Public Safety Committee); LAFCO (Local Agency Formation Commission) - Member; Indian Gaming Local Community Benefit Committee; Downtown EI Cajon Business Partners Board of Directors. 6.1 No Report ACTIVITIES REPORTS OF COUNCILMEMBERS 7. MAYOR PRO TEM TONY AMBROSE Chamber of Commerce - Government Affairs; MTS (Metropolitan Transit System Board) - Alternate); East County Economic Development Council. *7.1 Council Activities Report 8. COUNCILMEMBER GARY KENDRICK Heartland Communications JPA; Heartland Fire Training JPA. *8.1 Council Activities Report 9. COUNCILMEMBER BOB McCLELLAN Harry Griffen Park Joint Steering Committee; Heartland Communications JPA Alternate; MTS (Metropolitan Transit System Board). *9.1 Council Activities Report Joint Meeting: EI Cajon City Council/ -7- September 11, 2012 Housing Authority/Successor Agency to 3:00 p.m. and 7:00 p.m. The EI Cajon Redevelopment Agency ACTIVITIES REPORTS OF COUNCILMEMBERS: (Continued) 10. COUNCILMEMBER BILL WELLS League of California Cities, San Diego Division; METRO CommissionJWastewater JPA; East County Economic Development Council - Alternate; SANDAG (San Diego Association of Governments) - Alternate; SANDAG (Public Safety Committee) Alternate; Heartland Fire Training JPA - Alternate. *10.1 Council Activities Report 11. LEGISLATIVE REPORT *11.1 League of California Cities Legislative Bulletins dated August 8, 10, 13, 14, 16, 17, 20, 22, 24, 27, 28, 30 and 31, 2012 - City Advocate Weekly 12. GENERAL INFORMATION ITEMS FOR DISCUSSION 13. ORDINANCES: FIRST READING ~ None 14. ORDINANCES: SECOND READING AND ADOPTION - None 15. CLOSED SESSION: RECOMMENDATION: That the City Council/Housing Authority/Successor to the EI Cajon Redevelopment Agency adjourn to Closed Session as follows: 15.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to California Government Code Section 54957: Title: City Attorney 16. RECONVENE TO OPEN SESSION: City Attorney or Representative reports on action taken in Closed Session. Joint Meeting: EI Cajon City Council/ -8- September 11, 2012 Housing Authority/Successor Agency to 3:00 p.m. and 7:00 p.m. The EI Cajon Redevelopment Agency ADJOURNMENT: The Regular Joint Meeting of the El Cajon City Councill EI Cajon Housing Authority/Successor Agency to the EI Cajon Redevelopment Agency held this 11 th day of September, 2012, is adjourned to Tuesday, September 11, 2012, at 1:00 p.m. GENERAL INFORMATION: None Joint Meeting: EI Cajon City Councill -9- September 11, 2012 Housing Authority/Successor Agency to 3:00 p.m. and 7:00 p.m. The EI Cajon Redevelopment Agency u I Tuesday, September 11, 2012 7:00 p.m. COUNCIL CHAMBERS 200 Civic Center Way EI Cajon, California CALL TO ORDER: Mayor Mark Lewis ROLL CALL: City Clerk Kathie Rutledge PLEDGE OF ALLEGIANCE TO FLAG AND MOMENT OF SILENCE (The Courts have concluded that sectarian prayer as part of City Council Meetings is not permitted under the Constitution.) AGENDA CHANGES: PUBLIC COMMENT: At this time, any person may address a matter within the jurisdiction of the City Council/Housing Authority/Successor Agency to the EI 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. In addition to briefly responding to statements or questions from the public, CouncHmembers may also address the City Council during this time. *Backup Information Available - Housing Authority and Successor Agency Items are identified Joint Meeting: EI Cajon City Council! -10- September 11, 2012 Housing Authority/Successor Agency to 3:00 p.m. and 7:00 p.m. The EI Cajon Redevelopment Agency PUBLIC HEARINGS: *100 ZONE RECLASSIFICATION APPLICATION NO. 2308 - PISCATELLI REZONING (Report: Director of Community Development) RECOMMENDATION: That the City Council • Open the Public Hearing and receive testimony; • Close the Public Hearing; THEN • Move to APPROVE Zone Reclassification Application No. 2308, subject to conditions listed in Planning Commission Resolution No. 10699; and • Move to INTRODUCE an Ordinance rezoning property at 111 and 117 South Marshall Avenue and 125 and 129 South Marshall Avenue, from the M (Manufacturing) Zone to the C-M (Heavy Commercial - Light Industrial) Zone. If approved, the Mayor requests the City Clerk to recite the title An Ordinance approving Zone Reclassification No. 2308 to rezone property from the M (Manufacturing) Zone to the C-M (Heavy Commercial-Light Industrial) Zone; APNs: 487-281-04 & 487-281-05; General Plan Designation: Light Industrial (LI) and Special Development Area 11 (SDA 11) 101 ITEMS CONTINUED FROM THE 3:00 P.M. (IF ANY) ADJOURNMENT: The Adjourned Regular Joint Meeting of the EI Cajon City Council/EI Cajon Housing Authorit~/Successor Agency to the EI Cajon Redevelopment Agency held this 11 t day of September, 2012, is adjourned to Tuesday, September 25, 2012, at 3:00 p.m. Joint Meeting: EI Cajon City Council/ -11- September 11, 2012 Housing Authority/Successor Agency to 3:00 p.m. and 7:00 p.m. The EI Cajon Redevelopment Agency N EVE MINUT ITY F EL CAJON ... g-".. ON, CALIFORNIA AUGUST 14,2012 A Regular Joint Meeting of the City Council/Housing A~ority.q/s::;Jssor Agency to the El Cajon Redevelopment Agency of the Ci --15~ .lEI C4jo , California held Tuesday, August 14, 2012, was called to order b0ayor/Qh, ir Mark Lewis at 3:00 p.m., in the Council Chambers, 200 i i Cent r ~y, EI aj n, California. ROLL CALL No e ,m ros L is Rutledge, City Clerk/Secretary Foley, City Attorney/General Counsel Williford, City Manager/Executive Director Turner, Deputy City Manager/Director of Public Works Ayres, Director of Community Development PLEDGE OF ALLEGIANCE TO FLAG led by Mayor Lewis and MOMENT OF SILENCE. (The Courts have concluded that sectarian prayer as part of City Council Meetings is not permitted under the Constitution). POSTINGS: The City Clerk posted Orders of Adjournment of the July 10, 2012 meetings, and the July 24, 2012 cancelled meeting, and the Agenda of the August 14,2012, meeting in accordance to State Law and Council/Agency Policy. Joint Meeting: EI Cajon City Council/ August 14, 2012 Housing Authority/Successor Agency to the -194 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES ® Commendation - Fire Chief Mike Scott e Recognition ·~"Crime Free Multi~Housing" Employee Service Awards The following employees in attendance received Service Awards: FIVE YEARS OF SERVICE Employee Position Department Gustafson, Adam Police Dispatcher Police Hamilton, Patricia Secretary Community Development Sanchez, Mario City Traffic Engineer Public Works Walkenhorst, Kathryn Police Records Specialist Police ~ TEN YEARS OF SER~ ) v Employee Position / Department Cabana, Norma Police Relrrc s Polie e Superviso l ~ Honore, Shannel ~lice Re6qrc s Mar'agE;r) Poli e Lou, Chad I Pol ce SEirvlt ~E s om,CEr Poli e Paz, Stephen~ 801 ce Offi¢E r Police Sanqsanoy- enq,uackiE ~dlninisiratlve Seqet 3ry Police Yale, Tracy Atlmini:1trqliye Sedefary City Manaqer \ \ j)~ () ) T~NWaFIVE YEARS OF SERVICE Em~ loy~e Position Department Good, VirgiMa Recreation Services Recreation Manaqer Henton, Timothy Police Lieutenant Police Rickards, David Fire Captain Fire Wright, Lyle Fleet Manager Public Works THIRTY YEARS OF SERVICE Employee Position Department Whitman, Jr., Richard Police Officer Police Joint Meeting: EI Cajon City Council! August14,2012 Housing Authority/Successor Agency to the -195 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES (Continued) THIRTYmFIVE YEARS OF SERVICE Employee I Position 1 Department Lowe, Karla 1 Administrative Secretary 1Finance Recess called at 3:25 p.m. Meeting called back to order at 3:32 p.m. AGENDA CHANGES: None CONSENT ITEMS: (1.1 ~ 1.23) MOTION BY LEWIS, SECOND BY MC LE LA ,t APPROVE Consent Items 1.1 ~ 1.13 and 1 ' - 1. 3t!1umng I 'em 1.14, as requested by WELLS. .~ ~~"rlnOTI ~c RRI lBY UNPf!~ aus VOTE. 1.1 AGENC 1T iE E FA ON B ' LOPMENT AGENCY MEETINGS u~ ~ Approve MinuttsIC) lhe , 2012, meeting(s) of the City Council/Housing Authority/succt"::Jgen y~o the EI Cajon Redevelopment Agency. 1.2 WARRANTS Approve payment of Warrants as submitted by the Finance Department. 1.3 APPROVAL OF READING BY TITLE AND WAIVER OF READING IN FULL OF ORDINANCES ON AGENDA Approve the reading by title and waive the reading in full of all Ordinances on the Agenda. Joint Meeting: EI Cajon City Council/ August 14, 2012 Housing Authority/Successor Agency to the -196 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES · (Continued) 1.4 SPECIAL OPERATION LICENSE - Y'lb"d/'JIr"b MLUII<>dfMllb DEVICES, INC. 1363 North Street Approve the application submitted by Kirk Marshall for a wholesale business selling used and refurbished medical equipment located at 1363 North Cuyamaca Street. 1.5 U.S. DEPARTMENT OF JUSTICE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AVVARD 2012 (Report: Chief of Police) ~ Authorize the City Manager, or designee, to accept the 2012 U. S. Department of Justice Assistance Grant in the total amount of $35,182.00 and to execute any grant documents and agreements necessary for the receipt and use of these funds; and @ Appropriate $35,182.00 for the 2012 U.S. Department ~~~ice Assistance Grant to purchase: Nikon Nivo 5.M Total Station~quifment 0 measure and document accident and crime scenes; m0terCyd:le ~ bi e video recorder extended warranties (years 2 and 3); Apple Ir~D;o aug nt the outfitting of a mobile command vehicle; and r rgers for police r d os. Any residual funding will be used to accelerate the repla e~t of mile or portable P25 compliant radios or ar:esSrs. D /J 1.6 SPECIAL OPE ATI rIJQENS - C DE ECURITY 517 Wes !fadI y A emH~ security service Jijess 0 at at 517 West Bradley Avenue. 1.7 RESOLIiV:J~: AMENDMENT TO THE DRAFT FIVE (5)- YEAR REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (2012 RTIP) (Report: Deputy City Manager/Director of Public Works) Adopt RESOLUTION NO. 73-12 to approve the Amendment to the draft 2012 RTIP. 1.8 RESOLUTION: AWARD OF BID NO. 003~13 ~ OVERLAY THOROUGHFARES 2011, Engineering Job No. PW3340 (Report: Purchasing Agent) Adopt RESOLUTION NO.74-12 and award the bid to the lowest responsive bidder, TC Construction Company, Inc. in the amount of $2,675,157.37. Joint Meeting: EI Cajon City Council/ August 14, 2012 Housing Authority/Successor Agency to the -197 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES ITEMS: 1 ENTERPRISE LICENSE AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INCo (ESRI) (Report: Deputy City Manager/Director of Public V\lorks) Authorize the City Manager, or designee, to execute a three (3) year Enterprise License Agreement with ESRI for the use of ESRI software products. 1.10 CONTINUATION SALARY AND BENEFITS FOR MILITARY RESERVISTS CALLED TO ACTIVE DUTY (Report: Director of Human Resources) Extend the payment of some or all of the salary and benefits for regular (benefitted), full-time employees who are members of the military reserves an are called to active duty. The City would pay only the difference between e· mployee's City salary and the employee's military compensation. This obliga ion w5>uld continue for one year or until the employee is released from activr', woj "h ver is earlier. 1.11 DEFI BRILLATION MONITOR EQt/;;~ENT ~~RiJ;HAS (Report: Purchasin e I) I.j \{ . Authorize the Pup~ ing A, e t in acc T9 n e wib unicipal ode 3.20.010.C5 to defibrillator equi I lit nth am" nt 0;;4\8 8.1 . 1.12 HEARTLAfJ'J IRE1J~~NG AUTHORITY THIRD AMENDMENT TO THE r.c);~~ PO ERS AGREEMENT (Report: Fire Chief) Approve the fjea~nd Fire Training Third Amendment to the Joint Powers Agreement. 1.13 RESOLUTION: FIRST AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SOUTHERN CALIFORNIA INTERGOVERNMENTAL TRAINING AND DEVELOPMENT CENTER (Report: City Attorney) e Adopt RESOLUTION NO. 75-12 to approve the First Amendment to the Joint Exercise of Powers Agreement Creating the Southern California Intergovernmental Training and Development Center; and • Authorize the City Manager, or designee, to execute the First Amendment in substantially the same form as presented. Joint Meeting: EI Cajon City Council/ August 14, 2012 Housing Authority/Successor Agency to the -198 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES COI\lSEi:I\IT ITEMS: 1.14 PULLED FOR DISCUSSION BY COUNCILMEMBER WELLS. 1.15 SPECIAL OPERATION LICENSE - EL CAJON ELKS LODGE #1 2 1400 East Washington Avenue Approve the application submitted by Patricia Hamilton on behalf of Elks Lodge #1812 for a cardroom located at 1400 East Washington Avenue. 1.16 SPECIAL OPERATION LICENSE - EL CAJON RESALE BUY/SELL/TRADE - 147 Jamacha Road Approve the application submitted by Hiba Benny for a second~:"rd business to buy/sell/trade baby merchandise located at 147 Jamacha Roa" ~E (Report: Deputy City Manager/Dfe tor of Fi alilce 81d reasurer) Adopt the following RESOl.lIf!c?"N) ado' ~~g City f ~~ajon Ihestment Policy and delegating investr;e~t authotly)re Oi ecJ0 ot Finrce/AgerlCY Treasurer: • As the Cil 9~u Gil: ~ESQlUTI N NO 76-12: uth~i~: ~ESOL (ll As the Hou$ing jO~ ~J T NO. ECHA-6; and. As the it IJIC Successor Agency to the former Redevelopment Agency,: ~~ LUT N NO. 77-12. 1.18 FY 10 URBAN AREA SECURITY INITIATIVE GRANT FUNDING (Report: City Manager) III Authorize the City Manager, or designee, to accept the FY 10 Urban Area Security Initiative Grant funds in the amount of $11,684.00 and to execute any grant documents and agreements necessary for the receipt and use of these funds; and @ Appropriate the Urban Area Security Initiative Grant Program funds in the amount of $11 ,684.00. Joint Meeting: EI Cajon City Council/ August 14, 2012 Housing Authority/Successor Agency to the -199 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES CeJINS;El\IT ITEMS: (Continued) 1.19 STORM DRAIN METAL PIPE REPAIR AND REPLACEMENT ON VIEW WAY, Engineering Job No. WW3426 (Report: Deputy City Manager/Director Public Works) 1. Appropriate $150,000 of Wastewater funds for the cost of design, construction, and inspection; 2. Authorize the Deputy City Manager/Director of Public Works/City Engineer to negotiate a change order with an existing qualified contractor and increase the change order authority by the agreed amount; and 3. Direct a Notice Inviting Sealed Bids for the work as determined by the Deputy City Manager/Director of Public Works/City Enginee'r if negotiations for a change order are unsuccessful. 1.20 ACCEPTANCE OF REPLACEMENT OF THE APPARA)Jd~AY EXHAUST SYSTEM AND SANITARY SEWAGE r;,JEqTIO~UMP AT FIRE STATION 6, AND SUMP PUMPS Y~E StfttnON 9 Engineering Job No. 3421, Bid No. 018~12 I) (Report: Deputy City Manager/Dj e tor of p. bile wot ) release the bonds in accord 7) w th th c, n ract rrms. 1.21 FINAL UB I 151 N AP F"Q TE~LT'VE SUBDIVISION MAP (Report: De u y Ci Y a age irector of Public Works) North First Stre 1. 1.22 PURCHASE OF FIRE ENGINE (Report: Purchasing Agent) Authorize the Purchasing Agent in accordance with Municipal Code 3.20.010.C.5 to execute a purchase agreement with Pierce Manufacturing, Inc. for the purchase of a Pierce Triple Combination Pumper in the amount of $662,251.61. 1.23 RECOGNITION OF SUNROAD ENTERPRISES (Report: City Manager) Present a commendation to Sunroad Enterprises in honor of its 35th Anniversary in San Diego County. Joint Meeting: EI Cajon City Council/ August 14, 2012 Housing Authority/Successor Agency to the -200 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES ************************************************************** ITEMS FOR DISCUSSION: 1" 14 AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SAN DIEGUITO PRINTERS FOR PUBLISHING THE RECREATION PROGRAM AND NEWSLETTER - REFERENCE BID NO. 015 5 10 (Report: Director of Recreation) RECOMMENDATION: That the City Council authorize the City Manager, or designee, to amend the annual agreement with San Dieguito Printers to publish additional copies of the Recreation Program and Newsletter. DISCUSSION Councilmember Wells asks if there are any rules that require . e f local printers for publishing the newsletter. City Manager W'illiford indicates a policy would e~~o be i lace specifying a requirement to use an EI Cajon printer, curr n.t~Jhere tfi0 such policy. If Council would like to have such a policy, t c I uld b c idere 0 a future agenda. No further comments are m de. ~ MOTION YL WIS, sll ND ~yiJv~LLS t APPROVE Item 1.14 Mor9N'bARRIES BY UNANIMOUS VOTE. Deena Wile expresses concerns about graffiti in the City and at the trolley centers, and commends staff member Kathy (Novo) for her work with the program. She suggests that empty storefronts could be filled with merchandise so the buildings would not appear to be vacant. Councilmember Wells recommends that the speaker address SANDAG (San Diego Association of Governments) with her ideas and suggestions. Shirley Johnson, a volunteer with the Sector 9 Neighborhood Patrol speaks about the problem of prostitution, and suggests changes to existing laws to impose stricter enforcerment. Joint Meeting: EI Cajon City Council/ August14,2012 Housing Authority/Successor Agency to the -201 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES COMMENT: (Continued) Terri Lewis, a resident in Sector 10, expresses concerns about the density of liquor stores within the City. Keith Clemente speaks about problems with abandoned shopping carts, and feels a policy change is needed, along with an alternate method of enforcement. Duane Swainston, representing the ECPAC Foundation, speaks about the goal of re~opening the ECPAC Theater. He indicates they are awaiting input from the City in response to a report submitted by the Foundation. Bonnie Price commends the City for having so many fine employees and Council for recognizing the service of the employees. She feels the number of City Council meetings canceled this summer exceeds the limits. Robert Clark points out there will only be one City Council m4Uring a 52-day period. He asks for an explanation on how and WhY~ AUb~~~~~h meeting was cancelled. He feels the councilmembers should re~gniz~1t~emselves as the th persons not able to attend the July 24 en eting, a:;sugge1t~1 that there should have been some coordination of activiti s 0 that t oUnC['!I]emberS would not miss the same meeting. Kathy Spacone co ments ap-O}J1 the r ~ r tion of ECPAC, . d feels re-opening the center would e a ecoTrfl)C ngin fUt e Ci y. Jeff Davies, re rQnt ng t e wnto n L9ajon Business Partners, speaks about the Cajon clasiiC C ,ui e c r h and Concerts on the Green. Councilmembfr Kj'ndrick comments that the PBID group (Downtown EI Cajon Business Partn~s doing a fabulous job. Monica Zech, Public Information Officer, speaks about the "Journey to Our Historical Past", a series of speakers at the EI Cajon Library on Douglas Street, on the first and third Thursday of the month, ending on November 1st. She reminds everyone that the City's Centennial Celebration will take place from 10:00 a.m. to 5:00 p.m. on Monday, November 12,2012. Ray Lutz, representing the ECPAC Foundation, submits a Huffpost Arts & Culture handout to Council, and provides an update on recent meetings of the Foundation. He requests that the Centennial committee include the ECPAC in the plans for the Centennial Celebration. Joint Meeting: EI Cajon City Council! August 14, 2012 Housing Authority/Successor Agency to the -202 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES SUC COMMENT: City Manager W'illiford indicates a full status report is tentatively scheduled for one of the two meetings in September. At the City Council workshop held in May, Council made decisions to direct Staff to (1) consider a different site for the proposed hotel and (2) start looking at strategy for re-opening ECPAC. Since that time, he has met with the ECPAC Foundation group and Council has received their report. At the September meeting, Staff will be seeking direction from Council as to how they wish to proceed with re-opening ECPAC. Steve Goble expresses concerns about blight caused by an abundance of signs throughout the City. He suggests a mechanism for property owners to "opt in" to grant permission for removal of signs and graffiti. He is part of a 20-person group of concerned citizens who would like to be a part of the solution to problems in the City. Sunshine Horton distributes a flyer about her Miracle [~J 6yth Birthday fundraiser tomorrow at Cafe 67 in Lakeside, and com 81Ms teat rdceeds will go to the Peckham Center for Cancer and Blood Disorder . Johnny Minarick speaks about a numbe 0 issue ~'t~2peopl c ming into the City and spreading graffiti. Councilmember VV.e!ls res 0"3s to co Ae ts a a t cancel1aton of the July 24 Council meeting. He \ dvis s[he was inn; 1m Spr ngs and met with the theater e~~e ~ insights to help EC l' Councilmemb r ' Cella e R nds that he was in Washington on vacation, and had he known a ~;Gt7the d to cancel the meeting, as another councilmember would not be bl~+ Mayor Pro Tern Tony Ambrose indicates he was here to attend the meeting of July 24th. He thanks Shirley Johnson, and members of the public who came out today to speak about crime issues and other concerns. He suggests a review of all regulations that pertain to the issues raised today, to evaluate what is working and what is not working, and to see how these issues can better be addressed. Councilmember Kendrick speaks about a law passed by the City involving auctioning cars owned by people arrested on prostitution charges. He indicates the law would need to be a State law. He responds to comments from previous speakers involving graffiti and the density of liquor stores within the City. Joint Meeting: EI Cajon City Council/ August 14, 2012 Housing Authority/Successor Agency to the -203 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES Mayor Lewis does not feel an apology is necessary for cancelling a meeting, due to lack of a quorum, and the Council has an excellent track record. He indicates he was not able to be at the July 24th meeting as he was in the hospital. Recess called at 4:28 p.m. Meeting called back to order at 4:38 p.m. WRITTEN COMMUNICATIONS: None 3. PUBLIC HEARINGS: None 4. ADMINISTRATIVE REPORTS: hief of Police) RECOMMENDATION: That the City C@Ucil(1authrizetChiefOfPOliceto mail letters to retailers in t /6tY; of EI a on re u ng th y voluntarily not sell Synthetic Drugs, commonly kn as Ba alts n Spice, n (2) direct the City be a publie nuis Inee and pr, v din for re enf ree Bnt thereof. 1 Dli~fi~ls ON Councilmemb r e is PlOjid some background information on the problems associated with the s Ie ofl-Synthetic drugs, and requests that the City Manager look into declaring i a lic nuisance, and to develop an ordinance to address the sale and distribution of these substances. Police Chief Redman speaks in support of the Item, and seeks authorization to mail letters to retailers asking for their cooperation in not selling these products. He advises the Neighborhood Market Association has pledged its support to help spread the message on the dangers of these substances and to stop the sale and distribution. Mark Arabu, President, Neighborhood Market Association, encourages adoption of the ordinance and indicates the Association is willing to do whatever is needed to address this problem. Joint Meeting: EI Cajon City Council! August 14, 2012 Housing Authority/Successor Agency to the -204 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES 1 (Continued) Stevens, representing Communities Against Substance Abuse, presents a slide show. Johnny Minarick speaks about a situation in Kentucky involving the production and use of bath salts and crystal meth. City Attorney Foley provides clarification on the recommendation to mail out letters to retailers, and to return with an ordinance similar to that of Chula Vista declaring the sale of these substances a public nuisance. Councilmember Kendrick and Mayor Lewis speak in support of strict enforcement, including possible loss of business licenses. City Manager Williford indicates that Staff will report II a 811:J18gal actions. No one else comes forward to speak MOTION BY LEWIS, ~OND Y '\ Syntheti 'us t be a pu I"c n isance and providing for the enforce~e t t ere f. MOTION CARRIES BY UNANIMOUS VOTE. (Remainder of this page intentionally left blank) Joint Meeting: EI Cajon City Council! August 14,2012 Housing Authority/Successor Agency to the -205 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES Kendrick and Wells) RECOMMENDATION: That the City Council discuss the formulation of a Pension Reform Plan for the City of EI Cajon and direct the City Manager to prepare a draft plan for City Council consideration. DISCUSSION Councilmember Kendrick indicates that, with the passage of the City Charter, changes are necessary, as he does not want the City to go into bankruptcy. He is aware that City employees are hard-working employees, and he does not want to affect the status of existing employees and cause them to fear the loss of their jobs. He requests that the City Manager develop a plan to contract out certain positions as employees voluntarily leave City service. He states it is 7eE!ssary to fulfill obligations to current employees and to reduce future penSior-liaifjtbilibes, noting that labor/management consultation will be necessary. C~~stdera~ion ould be given to a second tier retirement system for all new miscella eous emp-r8y es and that a plan is necessary to pay down general andtr· dical P S unfu red liabilities, in a responsible manner, perhaps over 20 ye rs. He as ggest t e new employees would not receive the $100'10;;-r month .~ , S mrclical enefi i retirement. Councilmember lis re ufl~ls that t ,L City anager elop a long-term, organized plan f r pen ion r f~. No further com e~ ad. MOTION B~ ~ LL ,SC NO BY MCCLELLAN, to DIRECT the City ManageJ T~·~ft a v~n as suggested by Councilmembers Kendrick and welVconsideration by the City Council. MOTION CARRIES BY UNANIMOUS VOTE. 5. COMMISSION REPORTS: None Joint Meeting: EI Cajon City Council! August 14, 2012 Housing Authority/Successor Agency to the -206 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES MAYOR LEWIS SANDAG (San Diego P,ssociation of Governments); SANDAG (Chair, Public Safety Committee); LAFCO (Local Agency Formation Commission) - Member; Indian Gaming Local Community Benefit Committee; Downtown EI Cajon Business Partners Board of Directors. 601 Downtown EI Cajon Business Partners, Inc, Board of Directors Meeting July 11, 12 REPORT AS STATED. 6.2 Discussion of Design Review Policy and Ordinance RECOMMENDATION: That the City Council discuss the review of the City of EI Cajon's current design review policies and ordinances andm possibility of improving them in the future. DISCUSSION ~i~tr eva~a~on in Lewis requests an to tlabou l'!l r desil of buildings in the Councilmembert~KJ' drickMa~~r(err,rnts~o 'lbl' t \buildjn, S in sant!J. and suggests that Council direct Cit eS)BbhihI a p Ii y, versus a specific ordinance, for design devell~\e t aRProv\( at r~,9ity M ger or Director of Community Development I"!,,!. I 111 \ U L) Mayor Pro Te~ 'lofty Amlj>r! s ~yomments that developers like certainty, and input from the Direct r eWC / mm~ ty Development is needed. Councilmemb r cClellan comments that the plan should not impose too many regulations. MOTION BY LEWIS, SECOND BY AMBROSE, to DIRECT the City Manager and Director of Community Development to develop a design review policy. MOTION CARRIES BY UNANIMOUS VOTE. Joint Meeting: EI Cajon City Council/ August 14, 2012 Housing Authority/Successor Agency to the -207 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES MAYOR PRO TEM TONY AMBROSE Chamber of Commerce - Govemment Affairs; MTS (Metropolitan Transit System Board) - Alternate); East County Economic Development Council. 7.1 Council Activities Report REPORT AS STATED. 8. COUNCILMEMBER GARY KENDRICK Heartland Communications JPA; Heartland Fire Training JPA. 8.1 Council Activities Report REPORT AS STATED. 8.2 BROWN ACT PROVISIONS ~ ver~ Repo Dlk4JsSIO Councihnembe ,1 longer requiring teo p y. H,e fe~ SIS important for the City to maintain the current policy, a d ot a charrg s to the policy regarding notification of procedure. . No further com~fl s are made. 9. COUNCILMEMBER BOB McCLELLAN Harry Griffen Park Joint Steering Committee; Heartland Communications JPA Alternate; MTS (Metropolitan Transit System Board). 9.1 Council Activities Report REPORT AS STATED. Joint Meeting: EI Cajon City Council/ August 14. 2012 Housing Authority/Successor Agency to the -208 3:00 p.rn. EI Cajon Redevelopment Agency DRAFT MINUTES REPORTS COUNCILMEMBERS: 10. COUNCILMEMBER BILL WELLS League of California Cities, San Diego Division; METRO CommissionlWastewater JPA; East County Economic Development Council - Alternate; SANDAG (San Diego Association of Governments) - Alternate; SANDAG (Public Safety Committee) Alternate; Heartland Fire Training JPA - Alternate 10.1 Council Activities Report Coundlmember Vvells amends his report by adding that on July 24, 2012, he attended a meeting with staff from the McCallum Theater in Palm Springs. 11. LEGISLATIVE REPORT 11.1 18,20,23,27,30, Augu t and 6, l12 ~ IUy Avoca e Weekly NO RECOM NDE I VTI N. !J 12. 1 FOR DISCUSSION: None 13. ORDINJWG S: FIRST READING 14. ORDINANCES: SECOND READING AND ADOPTION (Remainder of this page intentionally left blank) Joint Meeting: EI Cajon City Council/ August 14, 2012 Housing Authority/Successor Agency to the -209 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES L;1()S€~a Session as follows: 1 1 CONFERENCE WITH LEGAL COUNSEL ~ EXISTING LITIGATION Pursuant to Government Code Section 54956.9 (a): Name of Case: City of EI Cajon v. Kenneth J. Miller, Linda D. Miller, and Does 1 through 10 inclusive San Diego Superior Court Case No. 37-2011 00071603-CU-OR-EC 1 CONFERENCE WITH REAL PROPERTY NEGOTIATO~ Pursuant to Section 54956.8 of the Government Code: h~ r~. Property Nego!iating Parti~ AuthQrity Negotiators APN 488-111-14-00 EI Cajon Senior Towe~lartme t ExecytiJJe Director/City Manager APN 488-111-33-00 John Schwendig, Vice Pr sidJe Genetal Legal Counsel/City ActiveriQqlge COl P1\. Att r ey G&K Ma agement co) Ine. Direc 0'/ of Community Idrich &r9~t Indu~t&~, LL Development Under neg ti· I n or ~e . ut ri y/cdu cil/Successor Agency to possible s Ie 0 r al p 0 ert 15.3 CONFE' CE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of litigation pursuant to Section 54956.9(b) of the Government Code: Number of potential cases: 1 Facts and Circumstances: The tenant of property owned by the City and Successor Agency, located adjacent to 221 East Main Street, in the Prescott Promenade, is in arrears in rent. By correspondence dated July 9,2012, from the tenant's attorney, the tenant has offered to compromise the debt (from $4,045.96 to $2,100.00). Joint Meeting: EI Cajon City Council/ August 14, 2012 Housing Authority/Successor Agency to the -210 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES · (Continued!) CONFERENCE W'ITH LEGAL litigation pursuant Code: Name of Case: People of the State of California ex reI., City Attorney of the City of EI Cajon v. Wadia Talia, et al. San Diego Superior Court Case No. 37-2011-00071252-CL BT-EC 15.5 CONFERENCE WITH LEGAL COUNSEL PUBLIC EMPLO~E DISCIPLINE/DISMISSAL/RELEASE - pursuant to GQ~m~ntCode Section 54957, DISCU Rick Pinkard, Attorney, re~e~nting ~e appellant, spea s in support of the decision by the Civil Service Pers nnel) .~.m. iSSl':O ,allowin f r a one-year at will status of the apPC~upon hi[Jtrrn to w, r . Steven Boehm l1\A~torn y, cJlls ~ tentio to pecific exhibits for review by Council, and r c flIm nds t?~~~fOU d r j ct the Commission's decision, uphold the decision by , II nag nli)and ;firm termination of employee. ***************************************** City Attorney Foley advises that Item 15.4 will not be heard by Council, as an update is not available. For Item 15,5, he will not attend the Closed Session, as Special Counsel to the City, the City Council and the Personnel Commission, George Eiser will attend the session for that Item. MOTION BY LEWIS, SECOND BY MCCLELLAN, to Adjourn to Closed Session at 5:38 p,m, MOTION CARRIES BY UNANIMOUS VOTE, Joint Meeting: EI Cajon City Council! August 14, 2012 Housing Authority/Successor Agency to the -211 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES 1 RECONVENE OPEN SE~;SIC~N 6:05 P.M. AHtrH"Ir'!QU iP'r.!'IQU reports the following actions: 1 1 The City Council approved settlement of the case; the terms include payment of $10,000 to the City, from an escrow upon sale of the property by the Millers, to a purchaser who will correct the violations. 15.2 Direction given to the City's real property negotiators for the sale of property owned by the Housing Authority, located just south of the Towers next to City Hall. The terms are not yet available, but direction was given to the negotiators. 15.3 The City Council accepted the offer described- on the Agenda, and directed Staff to work with the property owner to come up with an appropriate settlement agreement that compromises the claim. 15.4 (Pulled from the Agenda by City Attorney Foley) Special Counsel George Eisner reports the following: 15.5 The City Council deliberated the app~he te m nation of a City of EI Cajon police sergeant. AfreflconSidl.erin9- the adm\nistrative record, it is the decision of the Citr douncil to~)PhOld t e decision of the appointing aut Of termJ the rroymentt1f he appellant Adjournment: a or L wr~ djou!n£dlf e Regular Joint Meeting of the City Council/Housin 1'\ th rityL~f~ce soa;e'~cy to the EI Cajon Redevelopment Agency held thi h~ h day BAw st 2012, at 6:07 p.m. to Tuesday, September 11, 2012 at 3:00 p. KATHIE J. RUTLEDGE, CMC City Clerk/Secretary Joint Meeting: EI Cajon City Council! August 14,2012 Housing Authority/Successor Agency to the -212 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES 1.3 APPROVAL OF READING BY TITLE AND WAIVER OF READING OF ORDINANCES ON THIS AGENDA The City Council waives the reading of the full text of every ordinance contained in this agenda and approves the reading of the ordinance title only. r"6i'ty"cl~'~'k'ri~t'~"s't~~p"'] I i MEETING: 09/11/2012 ITEM NO: le4 i ~ I ! In iZ - Ll j: 2 I j II DATE: August 29, 2012 TO: Mayor Lewis, Mayor Pro Tern Ambrose, and Councilmembers Kendrick, McClellan and Wells FROM: Deputy City Manager/Director of Finance and Treasurer SUBJECT: April- June 2012 Quarterly Treasurer's Report RECOMMENDATION: That the City Council receive the quarterly Treasurer's Report for the period ending June 30, 2012. BACKGROUND: Per the City's investmentpolicy, the latest quarterly Treasurer's Report is presented for Council receipt and approval. Investment Trends/Economy - A recent press release from the Federal Reserve states economic activity decelerated somewhat over the first halfofthis year. Growth in employment has been slow in recent months, and the unemployment rate remains elevated. Business fixed investment has continued to advance. Household spending has been rising at a somewhat slower pace than earlier in the year. Despite some further signs ofimprovement, the housing sector remains depressed. Inflation has declined since earlier this year. Consistent with its statutory mandate, the Federal Open Market Committee seeks to foster maximum employment and price stability. The Committee expects economic growth to remain moderate over coming quarters and then to pick up very gradually. Consequently, the Committee anticipates that the unemployment rate will decline only slowly toward levels that it judges to be consistent with its dual mandate. Furthermore, strains in global financial markets continue to pose significant downside risks to the economic outlook. The Committee anticipates that inflation over the medium term will run at or below the rate that it judges most consistent with its dual mandate. To support a stronger economic recovery and to help ensure that inflation, over time, is at the rate most consistent with its dual mandate, the Committee expects to maintain a highly accommodative stance for monetary policy. In particular, the Committee decided to keep the target range for the federal funds rate at 0 to 1/4 percent and currently anticipates that economic conditions--including low rates of resource utilization and a subdued outlook for inflation over the medium run--are likely to warrant exceptionally low levels for the federal funds rate at least through late 2014. U.S. Treasuries - As of June 29, 2012, the daily yield was 0.33% for a 2-year Treasury and 0.72% for a 5-year Treasury. Compared to the prior year, the longer-term Treasuries decreased 104 basis points and the 2-year Treasury decreased 12 basis points. U.S. Government Agencies - For the period ending June 30,2012, the yield was 0.43% for a 2 year and 1.06% for a 5-year Federal Agency investment, compared to 0.63% and 2.13%, respectively, for the prior year. The City's investment portfolio is comprised primarily ofU.S. Government securities because they continue to offer a higher return than U.S. Treasuries. LAIF & CAMP Pools - Consistent with market conditions, interest rates in LAIF and CAMP remain very low. The quarter to date yield for LAIF was 0.36% and the 7-day yield for CAMP was 0.23%. Outlook & Strategy - In its second quarterly report of 2012, the UCLA Anderson Forecast's outlook for the U.S. says that Gross Domestic Product (GDP) and job formation will remain weak in the near-term, mirroring conditions that have prevailed for the last two years. Annualized GDP growth is forecasted to be 2.4% by the end of 2013, increasing to 3.4% in 2014. The unemployment rate by the end of 2013 should be 7.7%. The forecast assumes the Federal Reserve Bank cannot risk a rate increase, particularly ifthe nation experiences the forecasted inflation rate of 1.6%. In California, slow and steady gains are anticipated throughout 2012. More accelerated growth in 2013 and 2014 could see California's unemployment rate decrease to 7.7% by the end of2014, which is within 0.6% ofthe U.S. rate. Intermediate and long-term Treasuries remain near historic lows, and they could trade near these levels for months until the clouded picture of the U.S. economy becomes clearer. Economic strength could drive yields higher while recession or a third round of quantitative easing by the Fed could support current levels. Fears thatthe Fed would follow the European Central Bank in cutting interest on excess bank reserves - which are already near zero boosted demand for short-duration assets. At the same time, scrutiny of the LIBOR rate setting mechanism coincided with a small reduction in LIBOR levels. These forces reduced rates modestly on money market investments. As the City's long-term holdings in the portfolio mature, less than favorable opportunities exist to invest into mid-term or long-term securities. Currently, long-term investments do not offer any appreciable advantage over the mid-term rates. As opportunities become available and the City's cash flow needs are met, transferring funds out ofthe LAIF pool into higher paying securities will be explored with the City's investment advisors, Public Financial Management (PFM). All ofthe City's portfolio investments are either U.S. Agencies or U.S. Treasury instruments. As has been widely reported, Standard & Poor's lowered the credit rating on these instruments from AAA to AA+. Moody's has reaffirmed their AAA rating for these same instruments. The CAMP pool is currently rated AAA. No rating is provided for LAIF, but it is expected it would also achieve an AAA rating. Report Presentation - This report is presented in four sections: Operating Cash - The Union Bank Master Account is the City's main checking account. The City also utilizes a lockbox account with U.S. Bank for receiving sewer payments. U.s. Bank posts payments from individual sewer accounts and makes deposits on behalf of the City. Funds are automatically transferred daily from the lockbox account to the City's main checking account. Operating Investments - The City's operating investments are primarily invested in LAIF (59.26%) earning 0.36%, followed by portfolio investments (40.16%) earning 1.32%, and the remainder in the CAMP investment pool (0.58%) earning 0.23%. The investment portfolio make-up of LAIF and CAMP pools is attached. In addition to maximizing yield, these investments provide for safety and liquidity in meeting the City's operational needs. ECPFA Revenue Bond Investments - On June 30, 2009, the El Cajon Public Financing Authority issued revenue bonds in the amount of $25,195,000 for the construction of the Public Safety Center Project. The Bank of New York Mellon is the Trustee and the required bond reserve account is invested in the CAMP Pool and CAMP IvIanaged Account with a current value of $2,599,593. All other bond funds were exhausted in prior fiscal years to pay the contractor for construction costs. Sufficient Proposition 0 sales tax revenues have been received to fund remaining project expenses and debt service requirements, and are integrated with the City's operating investments. ECRA Bond Investments - The Bank of New York Mellon is the Trustee and the required bond reserve account has a current value of$1,436,425. The AIM short-term investment of$l is a temporary holding account in which the Trustee receives payment from the Agency who, in turn, makes payment to bond holders. Bond proceeds of $5,023,831 are invested in LAIF. The combined total is $6,460,257. FISCAL IMPACT: Interest earned for the fourth quarter ofthe fiscal year, on a cash basis, was $216,764. Market value is slightly higher than the original investment value. PREPARED BY: APPROVED BY: Nanc ..Pal· Deputy City Manager I Director of Finance and Treasurer CITY OF EL CAJON TREASURER'S REPORT AS OF JUNE 30, 2012 CASH BASIS Fiscal Balance Quarter to Date Year to Date as of Yield/Interest Interest Interest Market June 30, 2012 Rate Earnings Earnings Value* Operating Cash UBOC Checking (Master) $ 1,628,792 0.04% $ 192 $ 1,237 $ 1,628,792 US Bank Lockbox 28,460 n/a 28,460 Petty Cash 4,320 n/a 4,320 Total Operating Cash $ 1,661,572 $ 192 $ 1,237 $ 1,661,572 Operating Investments LAIF(1) - City Pool $ 42,981,890 0.36% $ 16,724 $ 127,364 $ 43,034,313 LAIF(1) - Successor Agency 12,223,840 0.36% 13,600 27,470 12,238,749 CAMP(2) Pool 543,309 0.23% 373 2,573 543,309 CAMP(2) Portfolio 37,408,136 1.32% 180,614 668,333 37,559,176 Total Operating Investments 93,157,175 211,311 825,740 93,375,547 Total Operating Cash and Investments $ 94,818,747 $ 211,502 $ 826,977 $ 95,037,119 ECPFA Revenue Bond Investments The Bank of New York Mellon Trust Company: CAMP Portfolio Reserve Fund 2,519,092 1.71% 41,031 2,558,827 CAMP Pool 80,501 0.23% 49 125 80,501 Total ECPFA Revenue Bond Investments $ 2,599,593 $ 49 $ 41,156 $ 2,639,328 ECRA Bond Investments The Bank of New York Mellon Trust Company: AIM Short Term Investments $ 1 0.02% $ 1 $ 1 $ 1 AIM Reserve Fund 1,436,425 0.02% 340 615 1,436,425 LAIF Bond Proceeds Fund 5,023,831 0.36% 5,140 27,779 5,029,958 Total ECRA Bond Reserve Investments $ 6,460,257 $ 5,481 $ 28,395 $ 6,466,384 Total Cash and Investments $ 103,878,597 $ 217,032 $ 896,529 $ 104,142,831 I certify that all investments under the management of the City are in compliance with the City's adopted investment policy, and I certify the City's investments pius projected revenues, are sufficiently liquid to meet the City's next six (6) months cash flow requirements per the adopted budget. 4&t:/Si 29/ 2o/2~ Date 'Source: Bank and Trustee Statements Note (1): The Local Agency Investment Fund (LAIF) is a voluntary investment alternative for California's local governments and special districts authorized by the California Government Code. LAIF is managed by the State Treasurer's Office with oversight by the Local Agency Investment Advisory Board. All securities in LAIF are purchased under the authority of Government Code Sections 16430 and 16480.8. LAIF is part of the State Treasurer's Pooled Money Investment Account (PMIA). The PMIA Investment Policy is guided by the goals of portfolio safety/diversification, liquidity, and yield. Note (2): The California Asset Management Program (CAMP) is a California Joint Powers Authority established in 1989 to provide California public agencies with professional investment services. The CAMP Pool is a permitted investment for all local agencies under California Government Code Section 53601 (p). CAMP is directed by a Board of Trustees, which is made up of experienced local government finance directors and CITY OF EL CAJON PORTFOLIO MATURITIES BY DATE AND TYPE (AT PAR) AS OF JUNE 30, 2012 Type of Investment <: 1 Year 1 - 2 Years 2 - 3 Years > 3 Years LAIF - City Pool 42,981,890 LAIF - Successor Agency 12,223,840 CAMP Pool 543,309 CAMP Portfolio: FHLMC Global Notes 5,000,000 4,000,000 4,000,000 FNMA Global Notes 9,500,000 1,500,000 1,500,000 5,700,000 FHLB Global Bonds 3,000,000 Federal Farm Cr Bks Cons US Treasury Notes 1,500,000 1,500,000 Commercial Paper Totals $ 74,749,039 $ 7,000,000 $ 5,500,000 $ 5,700,000 Portfolio Percentage 80.42% 7.53% 5.92% 6.13% Portfolio Maturities 90% . 80% 70% 60% . 50% . 40% 30% 20% 10% 0% < 1 Year 1-2Years 2 - 3 Years > 3 Years QUARTERLY YIELD COMPARISONS Quarter LAIF CAMP 2-Year Ending pool Portfolio Treasury 3.50% (1) (2) (3) !~ 3.00% ~'" Jun-09 1.51% 3.11% 1.11% 2.50% Sep-09 0.90% 2.75% 0.95% - ~ Dec-09 0.61% 2.47% 1.14% 2.00% --, J!i!.. Mar-10 0.56% 2.49% 1.02% 1.50% "".~ Jun-10 0.56% 2.48% 0.61% ,~ -k•. 1.00% Sep-10 0.51% 2.03% 0.42% ~ .~ Dec-10 0.46% 1.80% 0.61% -""~.--~ 0.50% 7% ... Mar-11 0.51% 1.53% 0.80% ""..'" Jun-11 0.48% 1.58% 0.45% 0.00% Sep-11 0.38% 1.67% 0.25% Jun-09 Dec-09 Jun-10 Dec-10 Jun-11 Dec-11 Jun-12 Dec-11 0.38% 1.60% 0.25% Mar-12 0.38% 1.46% 0.33% -.-LAIF Pool ~CAMP Portfolio ~ 2-Year Treasury Jun-12 0.36% 1.32% 0.33% (1) per State Treasurer's Office, PMIA Earnings Yield Rate (average quarterly return) (2) per CAMP POlifolio report (3) per U.S. Treasury 2-year daily yield curve rate CITY OF EL CAJON OPERATING INVESTMENTS COMPOSiTION AS OF JUNE 30, 2012 Prior % Change %of Quarter From Investment Total Investment Prior Operating Investments Type of Investment Amount Investments Amount Quarter LAIF - City Pool (See attached graph) $ 42,981,890 46.14% $ 29,037,277 48.02% LAIF - Successor Agency (See attached graph) 12,223,840 13.12% 14,468,240 -15.51% CAMP Pool Cash Reserve Portfolio 543,309 0.58% 387,693 40.14% CAMP Portfolio Federal Agency Bonds/Notes 37,408,136 40.16% 36,963,001 1.20% Total Operating Investments $ 93,157,175 100.00% $ 80,829,211 15.25% Operating Investments CAMP Investment Portfolio Issuers by Market Value LAI F - Successor Agency 13.12% CAMP Pool FHLB 0,58% USTN FHLMC ~ 8.27% . 7.95% 34.39% CAMP Portfolio 40.16% LAIF - City Pool 46.14% FNMA 49.38% HISTORICAL COMPOSITION Quarter Ending Sep-i0 Dec-i0 Mar-ii Jun-ii Sep-i1 Dec-i1 Mar-i2 Jun-12 LAIF City Pool $ 39,997,515 $ 42,941,687 $ 35,419,791 $ 44,158,994 $ 35,071,665 $ 42,270,551 $ 29,037,277 $ 42,981,890 LAIF Successor 14,468,240 12,223,840 CAMP Pool 8,288,493 236,602 505,710 1,583,015 4,167,247 192,468 387,693 543,309 CAMP Portfolio 39,163,947 41,045,777 46,043,241 40,764,314 32,764,133 37,028,257 36,963,001 37,408,136 Total $ 87,449,955 $ 84,224,065 $ 81,968,742 $ 86,506,322 $ 72,003,045 $ 79,491,276 $ 80,829,211 $ 93,157,175 $110 $100 $90 $80 $70 ~ $60 o $50 ~ $40 $30 $20 $10 $- Sep-10 Dec-10 Mar-11 Jun-11 Sep-11 Dec-11 Mar-12 Jun-12 ill ,,",,-"-.if'Ljkyer, State rer 1"""":- ••.• £-'l r's ce { \ PMIA Performance Report lAIF Performance Report ..•...... r.;J~;1 Quarter ending 06/30/2012 .;LL.<. . ;:...... ; ....,<."':. ., . .Jau",· ;~~",J~UI H';;;~:< ~5\ pate ..... T unu' ._.';·.Vi:neJ!~IU.H···..·· nlUi:!ll Apportionment Rate: 0.36% 6/28/2012 0.35 0.36 265 Earnings Ratio: .00000976192855700 6/29/2012 0.36 0.36 270 Fair Value Factor: 1.001219643 6/30/2012 0.36 0.36 268 Daily: 0.36% 7/1/2012 0.36 0.36 268 Quarter To Date: 0.36% 7/2/2012 0.36 0.36 278 Average Life: 268 7/3/2012 0.36 0.36 275 7/4/2012 0.36 0.36 275 7/5/2012 0.36 0.36 274 7/6/2012 0.36 0.36 273 PMIA Average Monthly Effective Yields 7/7/2012 0.36 0.36 273 7/8/2012 0.36 0.36 273 JUNE 2012 0.358% 7/9/2012 0.36 0.36 268 MAY 2012 0.363% 7/10/2012 0.36 0.36 270 APR 2012 0.367% 7/11/2012 0.36 0.36 270 *Daily yield does not reflect capital gains or losses Pooled Money Investment Account Portfolio Composition $60.5 Billion 06/30/12 Loans 12.41% Corporate Bonds 0.00% Commercial Paper 4.27% Time Deposits 7.41% Treasuries CDs/BNs 56.94% 11.85% Agencies 6.58% Mortgages 0.54% Cash Reserve Portfolio Characteristics as of June 30, 2012 Amortized Cost1 $1,975,154,981 Weighted Average Maturity 54 Days Current 7-Day Yield2 0.23% Net Asset Value per Share $1.00 S&P Rating3 AAAm Sector Composition* Credit Quality Distribution** Repurchase Agreements 28.8% A-1 (Short-term) AA+ 49.4% 15.5% U.S. Treasuries o Negotiable 2.6% Certificates of Deposit 30.6% AA Federal Agencies 2.4% 12.8% A-1+ Commercial Paper (Short-term) 25.2% 32.7% ** Ratings by Standard & Poor's. " Percentages may not total to 100% due to rounding. Percentages may not total to 100% due to rounding. 1. End of month trade-date amortized cost ofportfolio. Z. As ofJune 30, 2012. The current annualized yield of the CAMP Cash Reserve Portfolio may, from time to time, be quoted in reports, literature and advertisements published by the Fund. Current annualized yield, also known as the current seven-day yield, represents the net change, exclusive ofcapital changes and income other than investment income, in the value of a hypothetical account with a balance of one share (normally $1.00 per share) over a seven-day base period expressed as a percentage of the value of one share at the beginning of the seven-day period. This resulting net change in account value is then annualized by multiplying it by 365 and diViding the result by 7. Past performance is not indicative of future results and yields may vary. 3. Standard & Poor's fund ratings are based on analysis of credit quality, market price exposure, and management. According to Standard & Poor's rating criteria, the AAAm rating signifies excellent safety ofinvestment principal and a superior capacity to maintain a $1.00 per share net asset value. However, it should be understood that the rating is not a "market" rating nor a recommendation to buy, hold or self the securities. For a fulf description on rating methodology, visit Standard & Poor's website (http://www.standardandpoors.com/ratings/funds-main/en/us). This information does not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors should consider the Trust's investment objectives, risks, charges and expenses before investing in the Trust. This and other information about the Trust is available in the Trust's current Information Statement, which should be read carefully before investing. A copy of the Trust's Information Statement may be obtained by calling 1-800-729-7665 or is available on the Trust's website at www.camponline.com.WhiletheTrustseekstomaintainastablenetassetvalueof$1.00pershare.itis possible to lose money investing in the Trust. An investment in the Trust is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Shares of the Trust are distributed by PFM Fund Distributors, Inc., member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset Management LLC. r...,,1;fA.,.rt1n. Accot- l\Jfn.....,.I"J,,('lI'A'IIt"lr"\A~f"l'>1t"A.rrtl'"I'H·V' Portfolio Summary and Statistics For the Month Ending June 30, 2012 Sector Allocation Description Par Value Market Value Percent: U.S. Treasury Bond / Note 3,000,000.00 3,025,605.00 7.88 US TSY Bond I Note Federal Agency Bond / Note 34,200,000.00 34,807,251.22 90.70 7.88% Managed Account Sub-Total 37,200,000.00 37,832,856.22 98.5l:Wo Mny Mkt Fund Accrued Interest 150,877.90 1.42% Total Portfolio 31,200,000.00 31,983,734.12 CAMP Pool 543,309.23 543,309.23 1.42 Totalinvesbnents 37,743,309.23 38,527,043.35 100.00% Unsettled Trades 0.00 tum Fed Agy Bond I ,'------Note 90.70% ellaracteristie:s 26.23% Yield to Maturity at Cost 1.32% Yield to Maturity at Market 0.36% Duration to Worst 1.43 Weighted Average Days to Maturity 535 0.00% 0.00% o- 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Over 5 Years Account 505-00 ' Managed Account Issuer Summary For the Month Ending June 30, 2012 ~reditQuality(S&'P;Ratings) Market Value Issuer of Holdings Percent CAMP Pool 543,309.23 1.42 AAAm, ----, FANNIE MAE 18,707,005.22 48.75 1.42% FEDERAL HOME LOAN BANKS 3,037,020.00 7.91 FREDDIE MAC 13,063,226.00 34.04 UNITED STATES TREASURY 3,025,605.00 7.88 Tot.al $38,376,165.45 100.0I)!lfo '--_-,- ...... cAA+ 98.58% Account 505-00 Managed Account Detail of Securities HeRd For the Month Ending June 30, 2012 Security Type/Description S&P Moody's Trade Settle Original TIM Accrued Amortized Market Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Cost Value us TREASURY NOTES 912828PV6 1.500,000.00 AA+ Aaa 12/09/10 12/10/10 1,496,367.19 0,62 635,25 1,499,231.70 1,501,992,00 DTD 11/30/2010 0.500% 11/30/2012 US TREASURY NOTES 912828PZ7 1.500,000.00 AA+ Aaa 03/30/11 03/30/11 1,498,476.56 1.29 5,502.72 1,499,115.93 1,523.613.00 DTD 03/15/2011 1,250% 03/15/2014 Security Type Sub-Total 3,000,000.00 2,994,843.15 0.96 6,131.91 2,998,341.63 3,025,605.00 FNMA GLOBAL NOTES (CALLED, OMD 7/11/2014 - DTD 07/11/2011 1.125% 07/11/2012 FNMA GLOBAL NOTES 31398AYM8 2,500,000,00 AA+ Aaa 08/07/09 08/10/09 2.470,675.00 2.16 17,135.42 2.498,912.45 2,504,220.00 DTO 07/10/2009 1,750% 08/10/2012 FHLB GLOBAL BONDS 3133XML66 3,000.000.00 AM Aaa 11/14/08 11/17/08 3.117.981.00 3.54 31.218.75 3,008.836.32 3,037.020.00 DTD 10/05/20074.625% 10/10/2012 FNMA GLOBAL NOTES 31398AE24 5,000,000.00 AA+ Aaa 01/28/10 01/29/10 5.002,850.00 1.73 31.354.17 5,000,605.30 5.046,235.00 OTD 01/15/2010 1.750% 02/22/2013 FHLMC NOTES 3137EACS6 5.000.000.00 AA+ Aaa 02/07/11 02/08/11 4,974,150.00 1.00 9.687.50 4.990,974.90 5,018.070.00 OTO 02/04/2011 0.750% 03/28/2013 FHLMC NOTES 3137EACll 4.000.000.00 AA+ Aaa 03/10/11 03/11/11 3,969.800.00 1.17 6.125.00 3,984,681.60 4.029.812.00 OTD 08/20/2010 0.875% 10/28/2013 FNMA GLOBAL NOTES 31398AUJ9 1.500,000.00 AA+ Aaa 12/09/10 12/10/10 1,576,605.00 1.14 2,395.83 1.537.172.84 1,555.651.50 OTD 12/11/2008 2.875% 12/11/2013 FHLMC NOTES 3137EADM 4,000.000.00 AA+ Aaa 06/15/12 06/18/12 4.016,280.00 0.46 138.89 4.016.049.92 4,015,344.00 OTD 12/16/2011 0.625% 12/29/2014 FANNIE MAE GLOBAL NOTES 3135GOHGl 2,000.000.00 AA+ Aaa 03/09/12 03/12/12 1,986,720.00 0.60 2.187.50 1.988.045.32 1.994.164.00 DTD 02/06/2012 0.375% 03/16/2015 FNMA NOTES 31398A4M1 4,020,000.00 AA+ Aaa 10/04/11 10/05/11 4,116.922.20 1.02 11,794.79 4.099.571.76 4,163.960.22 DTD 09/27/2010 1.625% 10/26/2015 Account 505-00 '"'11.:-':">1[':1 Managed Account Detail of Securities Held For the Month Ending June 30, 2012 Security Type/ Description SStP Moody's Trade Settle Original YTM Accrued Amortized Market Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Cost Value FNMA GLOBAL BENCHMARK NOTES 31359MH89 1.680.000.00 AA+ Aaa 03/09/12 03/12/12 1.953.890.40 0.85 24.733.33 1.933.510.61 1.942.500.00 DTD 02/16/2006 5.000% 03/15/2016 Security Type Sub-Total 34,200,000.00 34,685,873.60 1.35 144,139.93 34,558,361.02 34,807,251.22 Managed Account Sub-Total 31,200,000.00 31,680,717.35 1.32 150,811.90 31,556,108.65 31,832,856.22 'i{ '1: H t~::A'f' 'K ~ 1 "" ~ ,,~b; ~Vk I, + i 0" \ ,. ,;;, ,~" J" "" N 1:''' " '" ' ,q "" '%',!~""~ if I neyMarketFund~ ~ ;~( :it~'t;':j\ WiJoney Market Sub-Total 543,309.23 543,309.23 (UlO 543,309.23 543,309.23 Securities Sub-Total $31,143,309.23 $38,224,02.6.58 1.32.% $150,871.90 $38,100,011.88 $38,316,165.45 Accrued Interest $150,811.90 Total Investments $38,521,043.35 Account 50S-0fl Portfolio Summary and Statistics For the Month Ending June 30, 2012 SectOI'Arlot~t:ion ~escripti(m ParValuEl Market Value Percent federal Agency Bond I Note 2,525,000.00 2,549,659.15 96.94 Mny Mkt Fund Managed Account Sub-Total 2,525,000.00 2,549,659.15 96.94°/0 3.06% Accrued Interest 11,511.55 Total Portfolio 2,525,000.00 2,561,170.70 CAMP Pool 80,500.87 80,500.87 3.06 Totailnvestrnents 2,605,500.87 2,641,671.57 100.00°/0 Unsettled Trades 0.00 0.00 Fed Agy Bond I - 0_____ Note 96.94% Yield to Maturity at Cost 1.71% Yield to MatUrity at Market 0.27"10 Duration to Worst 0.72 Weighted Average Days to Maturity 263 o- 6 Months 6 - 12 Months 1 - 2 Years 2- 3 Years 3 - 4 Years 4 - 5 Years Over 5 Years Account 51-00 Managed Account Issuer Summary For the Month Ending June 30, 2012 Market Value Issuer of Holdings Percent CAMP Pool 80,500.87 3.06 AAAm 3.06%------., FEDERAL HOME LOAN BANKS 2,549,659.15 96.94 Total $2,630,160.02 100.0011/0 L.- .AA+ 96.94% Account 5:1..-00 Managed Account Detail of Securities Held For the Month Ending June 30, 2012 S,eclJrity Type/ Description S&P Moody's Trade Settle Original VTM Accrued Amortized Market Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Cost Value FHlB GLOBAL BONDS 3133XX7F8 2,525,000.00 AA+ Aaa 03/31/10 04101110 2,519,091.50 1.71 11.511.55 2,523,543.28 2,549,659.15 DTD 02/19/2010 1.625% 03/20/2013 Security Type Sub-Total 2,525,000.00 2,519,091.50 1.11 11,511.55 2,523,543.28 2,549,659.15 Managed Account Sub-Total 2,525,000.00 2,519,091.50 1.11 11,511.55 2,523,543.28 2,549,659.15 CAfY1P Pool 80,500.87 AAAm NR 80,500.87 0.00 80,500.87 80,500.87 Money Mark.et Sub-Total 80,500.81 80,500.81 0.00 80,500.81 80,500.81 Securities Sub-Total $2,605,500.87 $2,599,592.31 1.1111/0 $11,511.55 $2,604,044.15 $2,630,161).1)2 Accrued Interest $11,511.55 Total Investments $2,641,611.51 Account 51-00 MEETING: 9/11/12 ITEM NO: 1.5 30 DATE: September 4, 2012 TO: Mayor Lewis, Mayor Pro Tern Ambrose, Councilmembers Kendrick, McClellan and Wells FROM: Sara Ramirez, Director of Recreation SUBJECT: Chaldean Festival RECOMMENDATION: That the City Council approve the request from the Chaldean American Association to co-sponsor a Chaldean Festivalto be held in the Prescott Promenade, October 6 - 7, 2012. BACKGROUND: The Chaldean American Association has submitted an Application and Permit for Facility Use of the Prescott Promenade to conduct a Chaldean Festival on Saturday, October 6, from 1:00 p.m. to 9:00 p.m. and Sunday, October 7, 2012 from 3:00 p.m. to 8:00 p.m., which does not include set up and tear down. Additionally, the Chaldean American Association has invited the City to co-sponsor this event. The Association has invited Mayor Lewis and Councilmembers to attend the festival opening ceremony andwould like to include City logos on the festival flyers. The Association has indicated that they require no financial support for this sponsorship. The Chaldean Festival will be open to the public, have a $2.00 admission fee, and include music, dance, entertainment, and food booths. An opportunity drawing will be offered to cover expenses and will be administered by the Chaldean American Institution, a non-profit organization. No alcohol or smoking will be permitted in the Promenade. An anticipated attendance of 2,000 per day is estimated by the Chaldean American Association and the Association has been informed that it is their responsibility to control the attendance and capacity ofthis event. The Chaldean American Association will be installing temporary fencing at Prescott Promenade to assist them in monitoring and controlling attendance. , The Chaldean American Association, as part of their use, will be required to provide the following: proof of liability insurance, two licensed uniformed security personnel (working both days and overnight on Saturday), portable restroom facilities, copies of health permits, EI Cajon business licenses, and proofofliability insurance for all vendors and special event vendor coupons as necessary. FISCAL IMPACT: The Chaldean American Association will pay all applicable fees for use of the Prescott Promenade. PREPARED BY: APPROVED BY: ~J~-~ -Y::: e:~£,e ~ ra RamiI' CS Douglas WillifOrd Director of ecreation City Manager CITY OF EL CAJON Special Event Permit Application EVENT TITLE ~T'IiIf2.1) Iliv',/U/:1-L--C i-l/j leO bij J (:t':::s T I V It L 1k DATE(S)OFUSE Ot-rt)t}bl<, 6 g <-1 It) 201'2 LOCATION OF EVENT rzl Prescott Promenade o Plaza . 0 Amphitheater D Judson Park o Other (specify) .-~.-<.J.~_-=---..-:..."",-,__ TIME Set Up Date:-ff2/-rlhpt'?I2!Time:¢_. ~~"O€J=ii>'JiM )to' ~J tOO @'ft1) 6J4-I-t- +tovrs 7::::¥Z'1le to 10(.., ;):..::; /2~ I.' Of-') p,n q: e:o f!rYJ Event Hours Date: P!2Jime::2 .~- 60 _'?~ to S'te>¢::> = _. AM~~ Clean Up Date:_lJ2-/C)'t!'zc'I1Jfime: -S ;0 C} , ~ to t ~ .~OO ~ TYPE 0 F EVENT o Ceremonies, Public Presentation 'lEt Festival or Community Event o Reception D Community Theater o Musical Presentation D Art Show o Other (specify) -,--- _ EXPECTED ATTENDANCE: (PER EVENT) dcvj ...... ,...-...... IS THIS EVENT OPEN TO THE PUBLIC? . Q!~) ,NO SPONSORlNG ORGANIZATION: Stllr!T 6GOf Event Contact Name HI {(lv[AT <::J 120r< G/-:~:; Street Address t lf~( '3 S UtJ,o/j 1c:: ROil () State cA Zip Code Cf Qo /0[ E (Please type or print in ink. Illegible applications will be returned) BU SINESS NAME: --{',iL.J-~~--...J\~..Lj-..L~~=~:.,t.------ BUSINESS PHONE: L~r~1. __ L/L//- L{0'f t-1 DESCRIPTION OF BUSINESS OR SERVICE PERFORM ED: .....:...... :.-:i~;:L...!~l2.J..-+--~-..J.--r------L-.::...:..._-- EL CAJON LOCATION (If different from above): ------'d---~ -- NEW BUSINESS ~•. CHANGE LOCATION 0 NEW OWNER 0 o NAMES AND ADDRESSES OF ALL PERSONS FINANCIALLY INTERESTED IN THE BUSINESS: ~~'f ~~), ~ ~~::f:- yJ\) Ctwe) j r'S) C-IV\ \ C"\ , "j;-)2" J 6\ lll/ll/\ (" '}ll'\ Ivf Ij &- f (v'''::r,p'A (f\ C(~.OJI~U+i(---_------PAST CRIMINAL RECORD OF ALL PERSONS FINANCIALLY INTERESTED IN THE BUSINESS (IF NONE SO STATE): PRINT YOUR NAME t) ~q /j,/ V C:>i)/rl ;{I,,/( acknowledge receipt of a copy of Chapter 5.16 of the EI Cajon Municipal Code. I understand that all applicants muit be fingerprinted by the Police Department and employees of businesses listed in Section 5.20.040 of the Municipal Code must secure work permits from the Police Department. I understand that no license will be issued until approved by the City Council. (Re(:ECMC 5.16.040-060;5.020.040) I DECLARE UNDER F'ENALTY OF PERJURY THAT THE STATEMENTS MADE HEREIN ARE CORRECT AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. EXECUTED AT EL CAJON CALIFORNIA, ON THIS .""~ ---c:~~ 20 ---~~._------~='---- FOR OFFICE USE ONLY DATE INITIAL 1. ESCORT SVC 11. POLICE TOW 2. JUNKYARD 12. CLOSE OUT FEES PAID ;j.l C'" ., d- (J ;]..J? Jj 3. MASSAGE PARLOR 13. AMBULANCE DATE FORWARDED TO POLICE DEPT. 4. MDSE COUPON SLS 14. ARCADE POLICE DEPT. RECOMMENDATION 5. PAWNBROKER [] APPROVAL 0 DENIAL 15. POOLROOM 6, PRVT PATROL SVC 16. CABARET COIV11V1UNITY DEVELOPMENT DEPT. RECOMMENDATION o APPROVAL 0 DENIAL 7, SECOND HAND 17. PUBLIC DANCE 8. SWAP MEET OPER 18. SOUND TRUCK CITY MANAGER RECQMl"1ENDATION o APPROVAL \~"DENlf\L 9. VEHICLE FOR HIRE 19. FORTUNETELLER 10. ALC-TOB FREE DNCC _ 20. CARD ROOl\1 CITY COUNCIL AmON o APPROVAL 0 DENIAL FT-24-12 LICATION R SPIEC][AL OPE N LICE (Please type or print in ink. Illegible applications will be returned) BUSiNESS NAME: tl fI.-J.,£~---iJI2'b-J!<;!5,d.J,h::L~t;&..4:_tp..f~[k=v~1=+·_. _ BUSINESS ADDRESS: /Z-C5 e.~ fYlk~" "f;-d: -# JfI f5ZdN"'i!i~- er:J , ..Z'U...... ;\l:----- BUSINESS PHONE: ;;('t?;.-=4til.[.-Lct?;5tid FAX NUMBER: _ DESCRIPTION OF BUSINESS OR SERVICE PERFORMED: ~E7(±tjfl (;\1?r EL CAJON LOCATION (If different from above): . _ NEW BUSINESS !>?t CHANGE LOCATION 0 NEW OWNER 0 NAMES AND ADDRESSES OF ALL PERSONS FINANCIALLY INTERESTED IN THE BUSINESS: :\2 q (\ j l)wif\b) ;:;-;7: J 1=f 6'\ \M L/\ (' \1 0\ Rj\# I '?1 22 ~§.oA (~_--+q---ti-"a~~O-+-\ 5i ( C '1-+"-- _ PAST CRIMINAL RECORD OF ALL PERSONS FINANCIALLY INTERESTED IN THE BUSINESS (IF NONE SO STATE): (Vur . P~NTYOURNAME • 1-.-t2 fJ tV Y DQI".-f! i Cl,/C acknowledge receipt of a copy of Chapter 5.16 of the EI Cajon Municipal Code. I understand that all applicants multbB fingerprinted by the Police Department and employees of businesses listed in Section 5.20.040 of the Municipal Code must secure work permits from the Police Department. I understand that no license will be issued until approved by the City Council. (Ref:ECMC 5.16.040-060;5.020.040) I DECLARE UNDER PENALTY OF PERJURY THAT THE STATEMENTS MADE HEREIN ARE CORRECT AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. EXECUTED AT EL CAJON CALIFORNIA, ON THIS ~ DAY OF 20 ) f.,._ ----- SIGNED I'\~):_,;..__~~-._------.-_~"'------C----'--- ~~,.._...... --- DO NOTWRITE BELOW FOR OFFICE USE ONLY DATE INITIAL 1. ESCORT SVC 11. POLICE TOW ",.~, J /,/ , 2. JUNKYARD FEES PAID $ V l' 'I C'J ---- 12. CLOSE OUT A"'" FT·24-12 CITY J N POLICE DEPARTMENT MEMORANDUM DATE: AUGUST 30, 2012 TO: CITY MANAGER DOUGLAS WILLIFORD VIA: BUSINESS LICENSE INSPECTOR JOHN SUNKEL FINANCE DEPARTMENT FROM: CHIEF JIM REDMAN SUBJECT: SPECIAL OPERATIONS LICENSE FOR DANY DANIAL URE Restaurant 1255 East Main Street The Police Department received an application for a Special Operations License from Dany Dania!. We initiated a background investigation to determine our recommendation for approval/denial. During the investigation it was determined Mr. Danial listed several different home addresses, the most recent of which is a mail box at the UPS Store. When we went to the UPS Store and the manager told us that Mr. Danial recently applied for a mail box, but had yet to be assigned one. Either way, a mail box at the UPS Store does not meet the requirements set forth in EI Cajon Municipal Code 5.16.040 (A), which states: Every applicant for a special operation license to carry on a business or engage in an activity enumerated in Section 5.16.030 shall submit the application to the Department of Finance. Applications submitted shall be under oath, and shall include the following: A. The names and addresses of all persons financially interested in the business or activity; When we could not locate an accurate home address for Mr. Danial, we made several unsuccessful attempts to contact him using the listed telephone numbers. Committed to a Safe 8, Secure Community frhn'1H1fl'h Service, II/lutuail Cooperation and Ne~>pe!cg; It was also determined there was a recent City Manager gambling complaint against The URE Restaurant. Our investigation supported this claim, as well as discovering the business was storing bottles of alcoholic beverages for customers, Officers also observed that the names of customers were printed on the alcoholic beverage bottles, This is a violation of section 25604 of the Business and Professions code, which states: It is a public nuisance for any person to maintain any club room in which any alcoholic beverage is received or kept, or to which any alcoholic beverage is brought, for consumption on the premises by members of the public or of any club, corporation, or association, unless the person and premises are licensed under this division. It is a public nuisance for any person to keep, maintain, operate or lease any premises for the purpose of providing therein for a consideration a place for the drinking of alcoholic beverages by members of the public or other persons, unless the person and premises are licensed under this division. We recommend the denial of the Special Operations License for two reasons. First, the Police Department confirmed ABC violations within the business. Second, Mr. Danial failed to provide the names and addresses of all persons financially interested in the business. Jim Redman Chief of Police JRlbc/jlg Chieflmemos/2012/Spec Ops lie for Dany Danial 08/27/12.doc APPLICATION FO PECIAL OPERATION LICEN (Please type or print in ink. Illegible applications will be returned) 2G I .."LAN~~'G BUSiNESS NAME: _" • DIVISION J BUSINESS ADDRESS: It6~6 e'- /yUift,:""", ~1" -::# t1 E?d:~'-'~~~ Cf4· ?.zD~ \ BUSINESS PHONE: b(7.=4''1' /- .--(J} <[ ~I FAX NUMBER _ DESCRIPTION OF BUSINESS OR SERVICE PERFORMED: ~e;;h~'j ill ~1.Vl<\ EL CAJON LOCATION (If different from above): NEW BUSINESS ~.,' CHANGE LOCATION 0 NEW OWNER 0 NAMES AND ADDRESSES OF ALL PERSONS FINANCIALLY INTERESTED IN THE BUSINESS: ~D1if\' 1 t 12qOj C1 J 7;z. J ti 6\\/W(2)('}1 ,\ R),,# I Cj Ij C(~"",--j S1+-~--~~---- J3 ( ( C-"3 PRINT YOUR NAME • r b ~,q d y' D Ct---t1 {Ci-:.( acknowledge receipt of a copy of Chapter 5.16 of the EI Cajon Municipal Code. I understand that all applicants muhe fingerprinted by the Police Department and employees of businesses listed in Section 5.20.040 of the Municipal Code must secure work permits from the Poiice Departrnent. r understand that no license will be issued until approved by the City Council. (Ref:ECMC 5.16.040-060;5.020.040) I DECLARE UNDER PENALTY OF PERJURY THAT THE STATEMENTS MADE HEREIN ARE CORRECT AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. EXECUTED AT EL CAJON CALIFORNIA, ON THIS c;[ DAY OF 5' 20 } "Z--_ --= /"/~ .-.:.--~-----:---- SIGNED \ ~F;~_"":;:~L;~¥-:2..__ ::· .-' .. _?;?:--_::::~.'~==------'------p ___=====-=-_=-=--====-==:-=___ _ :-_=-==_====-=",f2-="O"",N=o0=T=Wf0=i"=11E==.=BE=L=OW====== FOR OFfiCE USE ONLY DATE INITIAL 1. ESCORT SVC 11. POLICE TOW 2. JUNKYARD 12. CLOSE OUT 3. MASSAGE PARLOR 13. AMBULANCE 4. MDSE COUPON SLS 14. ARCADE POLICE DEPT. RECOMMENDATION 5. PAWNBROKER 15. POOLROOM o APPROVAL DDENLtl.L I--::_------~--- 6. PRVT PATROL SVC 16. CABARET ~--- ~~~~~~~VELOO~~~I~~PT.RECO~r1frz~l-rY'l~, 7. SECOND HAND 17. PUBLIC DANCE r-- 8. SWAP MEET OPER --- 18. SOUND TRUCK ~CITY MANAGER R. ECOMMENDATION o APPROVAL 0 DENIAL 9. VEHICLE FOR HIRE --- 19. FORTUNETELLER ------{ 10. ALC-TOB FREE ONCE 20. CARD ROOM )C_ I CITY COUNCIL AmON l 0 APPROVAL 0 DEI\ilAL : :. :: . . ~ .__I FT-24-12 CIT OF L o MEMORANDUM PLANNING DIVISION TO: Melissa Ayres, AICP, Director of Community Development FROM: VIA: DATE: SUBJECT: Special Operation License for URE Restaurant Card Room at 1255 East Main Street, Suite A. The Planning Division has received a request for comments related to a special operation license for the conduct of a card room associated with a restaurant at the subject property in the C-G zone. A card room at a restaurant is permitted in the C-G zone subject to the requirements of EI Cajon Municipal Code, as approved by Ordinance Number 4979. This was the second special operation license application received for a card room after Ordinance Number 4979 was approved on May 8, 2012. The ordinance permits a maximum of eight card rooms in the City of EI Cajon. The restaurant at the subject property meets all of the ordinance requirements to be approved as a card room. Specifically, the restaurant satisfies the following criteria: " It is outside the SP No. 182 Plan Area Ii! It is greater than 900 feet from the nearest other proposed card room @ It is a restaurant with at least 2,500 square feet of floor area Building Permit 08090141 was issued on November 3, 2008, authorizing tenant improvements to establish a restaurant in the subject tenant suite. That building permit only authorized a 1,450 square foot restaurant. Therefore, in its previously approved configuration, the restaurant did not meet the 2,500 square foot minimum threshold required for a card room. However, Building Permit No. 2012-293 was approved on July 24, 2012, authorizing an expansion of the previously approved restaurant floor plan to approximately 2,635 square feet. As a result, the existing business now meets the ordinance requirements to qualify for approval as a restaurant with a card room outside the SP No. 182 Plan Area. Staff has identified no land use issues associated with this license application. DATE: September 4, 2012 TO: Mayor Lewis, Mayor Pro Tem Ambrose, and Councilmembers Kendrick, McClellan and Wells FROM: Deputy City Manager/Director of Finance SUBJECT: Negotiated Property Tax Exchange Relative to Jurisdictional Changes with the Detachment of Property at 917 N. First Street RECOMMENDATION: Thatthe City Council adopt the next resolution in order to approve the attached negotiated property tax exchange with the County of San Diego due to the detachment of parcel numbers 484-184-24-00 and 484-184-25-00 from the City ofEl Cajon. BACKGROUND: On February 23, 2010, the City Council adopted Resolution 18-10, supporting an application to the San Diego Local Agency Formation Commission (LAFCO) to detach parcel numbers 484-184-24-00 and 484-184-25-00, from the City of El Cajon. The property owner initiated this change because structures on his property were in the jurisdictional boundaries ofboth the City of El Cajon and the County of San Diego. Before a jurisdictional change can occur, a determination must be made concerning the amount of property tax revenues to be exchanged between the affected local governments. The proposed property tax exchange of 38% is the same rate used under the existing Master Property Tax Transfer Agreement per Resolution 504-84, which applies when property is annexed into the City of El Cajon. FISCAL IMPACT: Under this proposed property tax exchange, the County will receive 38% of the City's base revenue for this property, which is currently less than $150 annually. PREPARED BY: APPROVED BY: --,--. v Nancy Palm Deputy City Manager I City Manager Director of Finance RESOLUTION NO. -12 RESOLUTION REGARDING NEGOTIATED PROPERTY TAX EXCHANGE RELATIVE TO JURISDICTIONAL CHANGES. WHEREAS, Revenue and Taxation Code Section 99 requires the negotiation of any exchange of property tax revenues occasioned by jurisdictional changes between the areas affected; and WHEREAS, under such circumstances the Board of Supervisors is authorized to negotiate such property tax revenue exchanges on behalf of service areas or special districts; and WHEREAS the proposed jurisdictional changes between the County and the City of EI Cajon are attached as "Exhibit A"; and WHEREAS, the Board of Supervisors has negotiated with the City of EI Cajon to determine an equitable exchange of property tax revenues applicable to such jurisdictional exchange. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS: 1. That the City Clerk of the City of EI Cajon shall, on behalf of the adopting agencies, notify the County Auditor and the Local Agency Formation Commission of such negotiated exchange of property tax revenues by forwarding to them a copy of this Resolution. 9/11/12 ~Item U) 917 N is Street DETACHMENT NEGOTIATION OF PROPERTY TAX EXCHANGE ALLOCATION OF ANNUAL ATIINCREMENT (ATI) Proposal Property Tax Exchange Resolution: 917 N. 1st Street Reorganization; SA 12-01; RO 12 01. Basis for Exchange: A. If the proposal is processed as submitted by LAFCO, no property tax exchange shall occur. B. If the proposal is modified to add detachment from the City of EI Cajon to the County of San Diego, the following shows the exchange of annual tax increment. In addition, 38% of the City's base revenue shall be transferred. local Agencies Current Renegotia.ted ATI County General 0.13209029 0.174548072 City of EI Cajon 0.11173645 0.069275835 SD Co Liqhtinq District 0 0 SD Co Sanitation District 0 0 SD Co Flood Control 0 0 SD Co Flood Control - Lakeside Subzone 0 0 CSA No. 69 - Heartland Paramedics 0 0 CSA No. 135-Regional Communications 0 0 CSA No. 135-San Miquel FPD, Zone Q 0 0 CSA No. 135-Unincorporated Area, Zone J 0 0 All other taxing jurisdictions 0.75617326 0.756176093 Exhibit "A" City Clerk Date Stamp MEETING- -,,-,-~-.=_- ITEM 1.8 l ·I t-}0 DATE: August 28, 2012 TO: Mayor Lewis, Mayor Pro Tern Ambrose, Councilmembers Kendrick, McClellan and Wells FROM: Fire Chief Rick Sitta SUBJECT: Request for Temporary Signs to Promote Fire Prevention Week and the Fire Safety Expo RECOMMENDATION: That the City Council approves the temporary use of two banners hung in front of Fire Station 6 facing Lexington Avenue, and on the west side of the same building facing S. Magnolia Avenue for the promotion of Fire Prevention Week and the Fire Department Safety Expo. BACKGROUND: The week of October 7 is National Fire Prevention vVeek. As part ofthis annual event, the Fire Department will be having an open house on October 13th. In order to promote this annual community event, the Fire Department proposes the use of two temporary signs to be displayed in front of, and on the west side of Fire Station 6. The time period for the signs to be hung would be from September 11th to October 13t h, 2012. BANNER CONTENT: Safety & Career Expo Saturday - October 13t h, 2012 100 E. Lexington Avenue 10:00 A.M. to 2:00 P.M. FISCAL IMPACT: None APPROVED BY: DougIiS Winiford~-· CITY MANAGER MEETING: September 11, 2012 ITEM NO: _1_.9_ DATE: August 28, 2012 TO: Mayor Lewis, Mayor Pro Tem Ambrose, Councilmembers Kendrick, McClenan and Wens FROM: Deputy City Manager/Director of Public Works/City Engineer SUBJECT: Authorization for the Execution of Program Supplement Agreements with Caltrans for Two (2) Federal-Aid Safe Routes to School Projects. RECOMMENDATION: That the City Council adopt the next RESOLUTION in order to approve Program Supplement Agreement Nos. 044-N, and 045-N for two (2) Federal-aid Safe Routes to School (SRTS) projects. BACKGROUND: The City was recently awarded two (2) Federal-aid Safe Routes to School (SRTS) grants from Caltrans. The projects involve the installation ofsidewalks and street improvements on Greenfield Drive for Greenfield Middle School; and on Johnson Avenue, adjacent to EJE Academies Elementary School, to encourage more walking and bicycling to school. The Program Supplement Agreements are required for the reimbursement of expended costs for both projects. In the past twelve months the City has received Federal and State grants for the following projects: ~ Safe Routes To School Project (Greenfield Middle School) $406,400 ~ Safe Routes To School Project (EJE Elementary School) $362,900 • Safe Routes To School Project (Johnson Elementary School) $200,000 I) Highway Safety Improvement Project (Upgrade Traffic Signs) $263,800 rd (!J Highway Safety Improvement Project (Broadway/3 St. Traffic Signal) $101,900 nd I) Highway Safety Improvement Project (Main St.l2 St. Traffic Signal) $214,200 Total $1,549,200 FISCAL IMPACT: The amount of SRTS grant funds allocated for design and construction costs for the EJE Academies Elementary School project is $362,900, and the Greenfield Middle School project is $406,400. Both ofthese projects are in the adopted Fiscal Year 2012/2013 budget. PREPARED BY: APPROVED BY: Rob Turner Doug as Williford DEPUTY CITY MANAGER CITY MANAGER DIRECTOR OF PUBLIC WORKS CITY ENGINEER RESOLUTION NO. -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CAJON APPROVING THE PROGRAM SUPPLEMENT AGREEMENTS (NO. N044 AND NO. N045), TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS FOR TWO SAFE ROUTES TO SCHOOL (SRTS) GRANTS. WHEREAS, the City of EI Cajon (the "City") has previously entered into that certain Administering Agency-State Agreement for Federal-Aid Projects No. 11-5211 R ("Agreement No. 11-5211R"), with the State of California, Department of Transportation, for various projects within the City; and WHEREAS, the City was recently awarded two (2) Safe Routes to School ("SRTS") project grants through the federal-aid highway funds program for instailation of sidewalks and street improvements; and WHEREAS, Program Supplement Agreement No. N044 to Agreement No. 11-5211R awards to the City a federal grant in the amount of $15,000.00 to construct sidewalk, curb, gutter, ramps, speed feedback signs, and other improvements for the project location in EI Cajon located on Johnson Ave between Grant Avenue and Renette Avenue; Grant Avenue between Johnson Avenue and Emerald Avenue; Renette Avenue between Johnson Avenue and Emerald Avenue; Emerald Avenue between Grant Avenue and Renette Avenue; which is adjacent to EJE Academies Elementary School; and WHEREAS, Program Supplement Agreement No. N045 to Agreement No. 11-5211 R awards to the City a federal grant in the amount of $20,000.00 to construct sidewalk, curb, gutter, ramps, speed feedback signs, and other improvements for the project location in EI Cajon on Greenfield Drive between Gorsline Drive and Haden Lane near Greenfield Middle School; and WHEREAS, Program Supplement Agreement Nos. N045 and N044 to Agreement No. 11-5211 R are required in order for the City to receive the SRTS Program federal-aid highway funds grants; and WHEREAS, the executed Program Supplement Agreements must be received by the Office of Project Implementation-MS1, California Department of Transportation by Monday, September 17, 2012, or the funds will be disencumbered and/or deobligated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS: 1. That the City Council hereby approves the Program Supplement Agreement Nos. N044 and N045 to Agreement No. 11-5211 R in the form as presented to the City Council at this meeting, with such changes as may be approved by the City Manager or designee. (Continued on page 2) Page 2 of 2, Resolution No. _-12 2. That the City Manager and Deputy City Manager, or their designees, are hereby authorized to sign Program Supplement Agreement Nos. N044 and N045 to Agreement No. 11 5211 R, and to deliver the Program Supplement Agreements to the Office of Project Implementation-MS1, Division of Local Assistance, California Department of Transportation. The City Clerk, or any Deputy City Clerk, is hereby authorized to attest the signature of the City Manager or designee. The execution of the Agreements by the City Manager or designee shall be deemed approval of any changes in the Agreements at the time of execution. PASSED AND ADOPTED by the City Council of the City of EI Cajon, California at a Regular Joint City Council/Housing Authority/Successor Agency to the.EI Cajon Redevelopment Agency Meeting held this 11 th day of September, 2012, by the following vote to wit: AYES Ambrose, Kendrick, Lewis, McClellan, Wells NOES None ABSENT None DISQUALIFY None Mark Lewis, Mayor of the City of EI Cajon ATTEST: Kathie J. Rutledge, CMC, City Clerk 9/11/12 (Item 1.9) Program Supplement Agreement Federal Aid (#1.9) MEETING: September 11,2012 ITEM NO: _1_01_0_ DATE: August 28, 2012 TO: Mayor Lewis, Mayor Pro Tem Ambrose, Councilmembers Kendrick, McClellan and Wells FROM: Deputy City Manager/Director of Public Works/City Engineer SUBJECT: Approval for the Establishment and Implementation of a Traffic Sign Assessment and IVlanagement Program RECOMMENDATION: That the City Council Adopt the next RESOLUTION in order to approve the Establishment and Implementation of a Traffic Sign Assessment and Management Program, as required by the Federal Highway Administration (FHWA). BACKGROUND: The Federal Manual on Uniform Traffic Control Devices (MUTCD) is the national standard for all traffic control devices installedon any street, highway or bicycle trail open to the public. Substantial revisions have been made to the manual over the past several years establishing requirements for the maintenance oftraffic sign retro-reflectivity. Retro-reflectivity is the property ofthe sign's sheeting material to reflect a large portion of the light coming from a source, such as a vehicle's head lights, and be returned to near its origin in such a way as to allow the sign to be clearly visible in the dark. A traffic sign's level of retro-reflectivity is primarily a function of the type of sheeting material used and the age of the sign relative to its exposure to the elements, such as the sun. The latest edition of the MUTeD requires agencies responsible for placement and maintenance of traffic signs to establish and implement a sign assessment, and management method to maintain minimum levels of sign retro-reflectivity. The deadline for agencies to establish such a program has been extended from June 2012, to June 2014. There are several methods ofassessing retro-reflectivity including; performing a visual nighttime inspection, measuring the sign's retro-reflectivity using a retro-reflectometer or by replacing the sign prior to exceeding its expected life (approximately 12 years). Staff has determined the most cost effective method is to perform a visual nighttime inspection of traffic signs on an annual basis as staffing permits. FISCAL IMPACT: The current estimated replacement cost (sign material only) of all regulatory and warning signs in the City's inventory is approximately $165,000. Staff has concluded to establish a program to replace approximately ten percent of the total inventory on an annual basis. The current approved annual budget is $10,000 for future sign replacements and materials. In 2011, the City received a Federal-aid grant in the amount of $263,800 to replace approximately 900 STOP, Speed Limit, and Yield signs with new high intensity retro-reflective sheeting. This safety improvement projectwill replace approximately 30 percent ofthe City's inventory ofSTOP, Speed Limit, andYield signs. This project is on the current City Council agenda to invite bids from prospective contractors and will be the City's first step to comply with the Federal Highway Administration's (FHWA) new minimum sign retro-reflectivity requirements. PREPARED BY: APPROVED BY: Rob Turner DEPUTY CITY MANAGER DIRECTOR OF PUBLIC WORKS CITY ENGINEER RESOLUTION NO. -12 A RESOLUTION FOR THE ESTABLISHMENT AND IMPLEMENTATION OF A TRAFFIC SIGN ASSESSMENT/MANAGEMENT PROGRAM FOR THE CITY OF EL CAJON. WHEREAS, the Federal Highway Administration's (FHWA) primary mission is to improve safety on the nation's roadways and traffic signs provide important information to motorists during both night and day; and: WHEREAS, to address this, the FHWA have adopted new requirements for all municipalities and counties to Establish and Implement a Traffic Sign Assessment/Management program by June 2014; and WHEREAS, this Program will address the Compliance Date Requirements with the installation of new regulatory traffic signs such as STOP signs, Speed Limit signs, and Yield signs, and warning signs; and WHEREAS, the FHWA Manual on Uniform Traffic Control Devices (MUTCD) requires agencies responsible for maintenance of traffic signs to implement an assessment or management method to maintain minimum levels of sign retro reflectivity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS: 1. The City Council of the City of EI Cajon hereby accepts the recommendation of Director of Public Works to choose the Visual Night-time Inspection Method as defined in the MUTCD as an acceptable method of traffic sign assessment and the Expected Sign Life Method to replace signs in order to maintain the minimum and/or exceed the levels of sign retro-reflectivity as designated in the MUTCD. Estab and Impl Traffic Sign Program 9/11/12 (Item 1.10) MEETING: ~ptember 11, 2012 ITEMNO:~~ (, o DATE: August 28, 2012 TO: Mayor Lewis, Mayor Pro Tem Ambrose, Councilmembers Kendrick, McClellan and WeBs FROM: Deputy City Manager/Director of Public Works/City Engineer SUBJECT: Approval of Plans and Specifications for Regulatory Traffic Sign Upgrades, Federal-Aid Project HSIP 5211(020). PW3410 / Bid Nunlber 006-13 RECOMMENDATION: That the City Council: Adopt the next RESOLUTIONS in order to approve Plans and Specifications and direct a Notice Inviting Sealed Bids to be opened on October 25, 2012. BACKGROUND: The Highway Safety Improvement Program (HSIP) project will involve the removal and replacement of approximately 900 stop, speed limit, and yield signs with high intensity retro-reflective sheeting. This safety improvement project will enable the City to comply with the Federal Highway Administration (FHWA) new minimum sign retro-reflectivity requirements. Plans and specifications are available for review at the City Clerk's Office. CEQA: The proposed regulatory traffic sign upgrade project is categorically exempt from the provisions ofthe California Environmental QualityAct (CEQA) according to Section 15301 (Class 1) (c) of the CEQA Guidelines. Section 15301 provides an exemption for the maintenance of public streets. FISCAL IMPACT: The project funding allocation is in the adopted 2012-13 budget and will be 90% reimbursed by HSIP grant funds and 10% reimbursed by the General Fund. PREPARED BY: APPROVED BY: f,, ,. I~'/ ~ ~.¥J<..>2"~~ ",: Rob Turner Douglas Williford 'i DEPUTY CITY MANAGER CITY MANAGER DIRECTOR OF PUBLIC WORKS CITY ENGINEER RESOLUTION RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR UPGRADE OF REGULATORY TRAFFIC SIGNS FEDERAL PROJECT - HSIP 5211(020). (Bid No. 006-13, Job No. PW3410). WHEREAS, the City Engineer has submitted plans and specifications for the Upgrade of Regulatory Traffic Signs Federal Project - HSIP 5211 (020); and WHEREAS, it appears to be in the best interests of the City of EI Cajon that the plans and specifications for said project 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 submitted by the City Engineer for the Upgrade of Regulatory Traffic Signs Federal Project ~ HSIP 5211 (020) 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 City Engineer of the City of EI Cajon. 9/11/12 (Item 1.11) Upgrade of Regulatory Traffic Signs Fed Proj apr RESOLUTION RESOLUTION ORDERING THE WORK AND PUBLICATION OF NOTICE INVITING BIDS FOR UPGRADE OF REGULATORY TRAFFIC SIGNS FEDERAL PROJECT ~ HSIP 5211(020). Bid No. 002-13, Job No. PW3410. WHEREAS, plans and specifications have been submitted for the Upgrade of Regulatory Traffic Signs Federal Project - HSIP 5211 (020); and WHEREAS, it appears to be in the best interests of the City that said work be ordered to be done. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF EL CAJON AS FOLLOWS: 1. That the City Council does hereby order that the Upgrade of Regulatory Traffic Signs Federal Project - HSIP 5211 (020), be ordered to be done. 2. That Thursday, October 25,2012, at 2:00 P.M., in the office designated by the Purchasing Agent of the City of EI Cajon, 200 Civic Center Way, EI Cajon, California, is hereby fixed as the time and place for the opening of bids for said project. 3. The Purchasing Agent of the City of EI Cajon is hereby directed to cause a Notice to Bidders to be published in the newspaper, in accordance with the provisions of law. 9/11/12 (Item 1.11) Upgrade of Regulatory Traffic Signs Fed Proj ntc MEETING: September 11, 2012 ITEM NO:~_1B~12_ DATE: August 22, 2012 TO: Commissioners: Lewis, Ambrose, Kendrick, McClellan, and Wells FROM: Director of Community Development SUBJECT: THIRD AMENDMENT TO AFFORDABLE HOUSING AGREEMENT WITH WEILAND DEVELOPMENT COMPANY RECOMMENDATION: That the EI Cajon Housing Authority: Authorize the Executive Director or designee to amend the Affordable Housing Agreement executed on March 11, 2009, for the purpose of extending final loan payment due date to November 30, 2012, or the close of escrow of the first unit in Phase 5, whichever is later. BACKGROUND: On March 10, 2009, the EI Cajon Redevelopment Agency ("Agency") board authorized the Executive Director to enter into an Affordable Housing Agreement ("AHA") with Weiland Development Company ("Weiland") in the amount of $2,950,000 for the acquisition of property known as the Birchwood Lane Project. The AHA was subsequently amended on August 11, 2011, and July 3, 2012, and extended the due date for repayment of the loan, now under the control of the EI Cajon Housing Authority, until July 31, 2012. As of the date of this report, a total of 20 units in Phases 1 through 4 have closed in the 26-unit Birchwood Lane Project resulting in the sale of real property totaling $6,326,500. One unit in Phase 4 has not yet closed escrow and sufficient proceeds to payoff both the construction lender and the Housing Authority are not anticipated until the sale of the last unit in Phase 4 and the first unit in Phase 5 due to increased construction/development costs. 8taff is therefore requesting an extension ofthe Promissory Note ("Note") due date until November 30, 2012, or the close of escrow of the first unit in Phase 5, whichever is later. With closure of the final unit in Phase 4, the principal balance of the Note is anticipated to be $46,500. The Note will continue to accrue interest at 3.25% and all Housing Authority liens and encumbrances will remain on title to the unsold properties until payment in full. Repayment of the Housing Authority loan will occur, as modified, with the completion and sale of the first unit in Phase 5. Page 1 of 2 Housing Authority Agenda Report Third Amendment to the Affordable Housing Agreement Weiland Development Company September 11, 2012 Agenda FISCAL IMPACT: No impact to the General Fund. This action is to amend the terms of a loan receivable to the EI Cajon Housing Authority. PREPARED BY: Melissa Ayres Director of Community Development Page 2 of 2 MEETING: Sept. 11,2012 ITEM NO: 1.13 DATE: August 27,2012 TO: Mayor Lewis, Mayor Pro Tem Ambrose, Councilmembers Kendrick, McClellan and Wells FROM: Melissa Ayres, Community Development Director SUBJECT: HOUSING REHABILITATION LOAN PROGRAM RECOMMENDATION: That the City Council: Adopt the next RESOLUTION in order approving the key components of the proposed revised Housing Rehabilitation Loan Program and authorizing the City Manager and/or his designee to develop all other implementation guidelines/documents and execute all housing rehabilitation loan program documents. BACKGROUND: The City's Housing Rehabilitation Loan Program (HRLP) provides public financial assistance to EI Cajon lower income homeowners for the purpose ofmaintaining/improving their homes, with an emphasis on bringing older homes up to current building, health, and safety codes. This program also assists owners of mobile homes in eight mobile home parks in the City maintain/improve their mobile homes under the same objectives. This program has been funded in the past with a combination of Federal HOME and CDBG funds as well as former Redevelopment Agency tax increment housing set-aside funds. Historically, the City has been able to assist 368 homeowners rehabilitate their home/mobile homes under this program since FY2000-2001. With the recent loss of tax increment funds and a reduction in Federal HOME funds available for this program by 51 %, staff is recommending new program criteria as noted on the following page. 1 City Council Agenda Report Housing Rehabilitation Loan Program September 11, 2012 Agenda Key Program Requirements - Single Family Rehabilitation Loans Source Maximum Loan $50,000 Exceptions to Loan City Manager or designee has authority to make Maximum exceptions to increase the maximum loan amount by $50,0001 for regulatory or health and safety issues, City Council approval shall be required for any loan amount exceeding $100,000, Combined Loan to Value 100% 90% Owner Occu anc Re uired Re uired Income Eligibility 80% or less Area Median No change Income adjusted for famil size Loan Terms Deferred/O% interest No chan e Covenants Per fundin source No chan e Location Cit limits No chan e Maximum Cosmetic 25% of the approved loan 15% of the approved loan, not including 1m rovements exce tions Affordability Ratio 30% housing cost 35% housing 'cost / 50% debt to income ratio Key Program f3.equirements -_Mobile Home Rehabilitation Loans t-:-cF::-un-,d::-in-'d-_S-:-o_ur_c_e --+--c-Hc:-0=-M~E/CD=.:B=.:G.:::.----_+-c:=C=:-=D=:-=B=-:G=-- --1 Maximum Loan $20,000 No chan e Exceptions to Loan No limit City Manager or designee has authority to make Maximum exceptions to increase the maximum loan amount by $2,0001 for regulatory or health and safety issues, City Council approval shall be required for any loan amount exceeding f--- +-__-c- +-:-'-$,.-22.,OOO.-,-':----c --1 Combined loan to Value 100% Not a licable Owner Occu anc Re uired Required Income Eligibility 80% or less Area Median No change Income adjusted for famil size :--::-:---:-:----,---I--:-:c----:------j Loan Terms Deferred/O% interest No chan e Covenants Per fundin source No chan e Location Within 8 eligible Mobile- No change I -+-hc.:.0=..m-=-ejJ.'c'a:"-r=-ks.=-.-----;-;-----i--;-;:-;;-;--.~~------:__:_---c---c--c--c;---1 Maximum Cosmetic 25% of the approved loan 15% of the approved loan, not including Improvements exce tions Affordability Ratio 30% housing cost 35% housing cost / 50% debt to income ratio, 1. Federal CDBG and HOME rules require that all health and safety code violations be repaired under rehabilitation activities; therefore flexibility to increase the total program assistance is necessary. 2 City Council Agenda Report Housing Rehabilitation Loan Program September 11, 2012 Agenda The proposed revisions refocus limited rehabilitation funds on bringing properties up to current building, health and safety codes, assisting morehouseholds by reducing maximum loan amounts, and reducing risk of foreclosure by establishing debt-to-income criteria similar to first-time homebuyer program. Additional revisions to the HRLP Operating Manual are proposed by staff to bring the housing rehabilitation program into compliance with federal and state regulations. Staff is also requesting that the City Manager or designee be authorized to execute all loan documents and institute minor program changes as the need arises, address changing state and federal regulations and market conditions on an as needed basis. FISCAL IMPACT: No impact to General Fund. These programs are funded under the COBG and HOME Federal grant programs. PREPARED BY: APPROVED BY: -1YlJL","" ~ 'i!"'- ATTACHMENTS: 1. Proposed Resolution 2. Revised City of EI Cajon HRLP Manual (on file in City Clerk's Office) 3 RESOLUTION NO. -12 A RESOLUTION APPROVING KEY COMPONENTS OF THE HOUSING REHABILITATION LOAN PROGRAM AND AUTHORIZING THE CITY MANAGER AND/OR HIS DESIGNEE TO DEVELOP ALL OTHER IMPLEMENTATION GUIDELINES/DOCUMENTS AND EXECUTE ALL HOUSING REHABILITATION LOAN PROGRAM DOCUMENTS WHEREAS, the City of EI Cajon annually receives Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) entitlement grant funds from the U. S Department of Housing and Urban Development (HUD); and WHEREAS, the City of EI Cajon utilizes these funds to implement the City's housing rehabilitation programs including a single-family rehabilitation loan program and a mobile home rehabilitation loan program consistent with the City's One-Year Action Plan and Consolidated Plan; and WHEREAS, the City Council desires to establish certain key components of the Housing Rehabilitation Program, including maximum individual loan amounts, while delegating review and approval of implementing documents to the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS: 1. The City Council hereby approves key components of the Housing Rehabilitation Loan Program as presented in Exhibit A of this resolution. 2. The City Council hereby authorizes the City Manager and/or his designee to develop other pertinent loan criteria and implementing documents pertaining to the City of EI Cajon Housing Rehabilitation Loan Program, including, but not limited to, promissory notes, deeds of trust, loan closing documents, loan modification agreements, loan assumptions/transfers, loan defaults/foreclosures, short sales, subordinations, and loan pay-off documents. 3. The City Council hereby authorizes the City Manager and/or his designee to execute Housing Rehabilitation loan documents consistent with Council adopted program criteria and adopted budget, as applicable. 9/11/12 (Item 1.13) Housing Rehabilitation Loan Program Exhibit A City Council Resolution No. -12 Key Components of Approved Housing Rehabilitation Loan Program Key Program Requirements - Single Family Rehabilitation Loans Fundin Source Maximum Loan $50,000 Exceptions to Loan City Manager or designee has authority to make Maximum exceptions to increase the maximum loan amount by $50,000 for regulatory or health and safety issues. City Council approval shall be required for any loan amount exceeding $100,000. Combined Loan to Value 90% Owner Occu anc Re uired Income Eligibility 80% or less Area Median Income adjusted for famil size Loan Terms Deferred/O% interest Covenants Per fundin source Location Cc-::ic4-tY-,-I_im_i-,-ts-,-,- -:--, ----i Maximum Cosmetic 15% of the approved loan, not inclUding 1m rovements exce tions Affordability Ratio 35% housing cost / 50% debt to income ratio Key Program Requirements - Mobile Home Rehabilitation Loans Fundin Source CDBG I-M~ac:.:xi::.cm:..:..u;Lm-=-=-L.:=.o:...::a:.=n------1 $20,000 Exceptions to Loan City Manager or designee has authority to make Maximum exceptions to increase the maximum loan amount by $2,000 for regulatory or health and safety issues, City Council approval shall be required for any loan amount exceeding ----I $22,000. Combined Loan to Value -+-=-=..:..=:J:..I::.:c.:::::.:.::..:..::=--Not a licable ---j Owner Occupancy ~.l:l_-'..ir~e7"d--;c----::7----:-;--;------;-:c--:-----c--:---1 Income Eligibility 80% or less Area Median Income adjusted for famil size Loan Terms Deferred/O% interest Covenants ----j Per funding source f-L-,0'-c-.:a-'..ti-'-0.:...:.n --I_W it."..h'-1n-8~Iigible Mobile-home arks Maximum Cosmetic 15% of the approved loan, not including 1m rovements exce tions Affordability Ratio 35% housing cost / 50% debt to income ratio, : : I City Clerk Date I MEETING ,~~!...!.J..!:~ I . . " I :Z'1 lei: t8 1.1 DATE: August 21, 2012 TO: Mayor Lewis, Mayor Pro Tern Ambrose, Councilmembers Kendrick, McClellan, and Wens FROM: Deputy City Manager/Director of Public Works/City Engineer SUBJECT: Traffic Signal Modification at Broadway/Third Street Engineering Job No. PW3409/ Bid Number 022-12 RECOMMENDATION: That the City Council accept the project and authorize the City Clerk to record a Notice of Completion and release the bonds in accordance with the contract terms. BACKGROUND: On April 10, 2012, the contract for Traffic Signal Modification at Broadway/Third Street was awarded by Council Resolution No. 37-12 to Lekos Electric, Inc. The project was completed on July 13, 2012. Final quantities and payments have been finalized. There are no pending claims. FISCAL IMPACT: There is no fiscal impact as a result ofthis action. PREPARED BY: APPROVED BY: Rob Turner DEPUTY CITY MANAGER DIRECTOR OF PUBLIC WORKS CITY ENGINEER MEETING: 9/11/2012 ITEM 1@15 DATE: August 29, 2012 TO: Mayor Lewis, Mayor Pro Tem Ambrose, Councilmembers Kendrick, McClellan and Wells FROM: Chief of Police SUBJECT: FY2012 Selective Traffic Enforcement Program (STEP) Grant RECOMMENDATION: That the City Council takes the following actions: 1. Authorize the City Manager or designee to accept the 2012 San Diego County STEP Grant in the total amount of $89,999.99 and to execute any grant documents and agreements necessary for the receipt and use of these funds; 2. Appropriate San Diego County STEP Grant funds in the amount of $66,125.07 for overtime, $1,000.00 for training, $22,263.50 for equipment, and $611.42 for educational materials, for a total of $89,999.99. BACKGROUND: Through funding provided by the California Office of Traffic Safety, the STEP Grant will reimburse the police department for working overtime to conduct the following details: DUI saturation patrols, warrant service operations, court stings aimed at drunk drivers driving to court on a suspended license, traffic enforcement operations, motorcycle operations, and distracted driving operations. Additionally, the grant will fund a radar/message trailer to collect traffic-related data, disseminate traffic-related information and assist in speed enforcement. This grant will allow for augmented enforcement, which otherwise, would not be possible due to budgetary constraints. FISCAL IMPACT: The City of EI Cajon is eligible to receive funding from the 2012-2013 San Diego County STEP Grant as indicated below: Budget Activity No. 225900-PD040 FY2012-2013 Expenditure Cateoorv Account Appropriation Overtime 7120 $66,125.07 Operating Supplies 8160 $611.42 Training 8594 $1,000.00 Equipment 9010 $22,263.50 Total $89,999.99 APPROVED BY: c ~ ~~ ?tr::::::::::~--~~L JimRedm/ti v Douglas Williford ~ CHIEF OF POLICE CITY MANAGER MEETING: 9/11/2012 ITEM NO: 1~16 DATE: August 29, 2012 TO: Mayor Lewis, Mayor Pro Tern Ambrose, Councilmembers Kendrick, McClellan and Wells FROM: Chief of Police SUBJECT: FY2012 Sobriety Checkpoint Grant Program RECOlVIMENDATION: That the City Council takes the following actions: 1. Authorize the City Manager or designee to accept the 2012 San Diego County Sobriety Checkpoint Grant in the total amount of $24,550.00 and to execute any grant documents and agreements necessary for the receipt and use of these funds; 2. Appropriate San Diego County Sobriety Checkpoint Grant funds in the amount of $19,000.00 for overtime, $5,300.00 for equipment, and $250.00 for miscellaneous supplies, for a total of $24,550.00. BACKGROUND: Through funding provided by the California Office of Traffic Safety, the Sobriety Checkpoint Grant will reimburse the police department for working overtime to conduct two DUI checkpoints. In addition to the overtime funding, the grant will allow the department to purchase two portable remote area lighting systems, which will greatly improve the efficiency of these checkpoints aimed at reducing impaired driving in EI Cajon. This grant will allow for augmented enforcement, which otherwise, would not be possible due to budgetary constraints. FISCAL IMPACT: The City of EI Cajon is eligible to receive funding from the 2012-2013 San Diego County Sobriety Checkpoint Grant as indicated below: Budget Activity No. 225900-PD041 FY2012-2013 Expenditure Cateqorv Account Appropriation Overtime 7120 $19,000.00 Supplies 8160 $250.00 Equipment 9010 $5,300.00 Total $24,550.00 MEETING: Sept it 2012 ITEM NO: 1.17 DATE: August 30, 2012 TO: Mayor Lewis, Mayor Pro Tem Ambrose, Councilmembers Kendrick, McClellan, and Wens FROM: Deputy City Manager/Director of Public Works/City Engineer SUBJECT: Appropriate Additional TransNet Funds (ELll) to Complete the Rebid Sidewalk Repair 2012 Project (PW3405) RECOMMENDATION: That the City Council appropriate an additional $106,000 from available TransNet Funds (EL11) to increase the budget for the Rebid Sidewalk Repair 2012 Project (PW3405). BACKGROUND: An increase to the existing budget in the amount of $106,000 is required to reimburse the General Fund for all eligible internal engineering and construction costs to complete the Rebid Sidewalk Repair 2012 project. The project was originally budgeted in FY 2011/12, in the amount of $250,000 of TransNet EL11 funds. On April 24, 2012, the City Council awarded an additional $100,000 of Specific Street Obligations for the repair ofprivate sidewalks. These costs will be reimbursed by the property owners. The FY 2012/13 budgeted amount was based on the assumption that the majority ofthe sidewalk repairs would be completed in FY 2011112. However, the start of the project was delayed due to a discrepancy in the bidding process and it was necessary to rebid the project pushing the completion date further into FY 2012/13. Consequently, a larger portion of this project will be completed in FY 2012/13 than anticipated and additional funds are needed to complete the Project. FISCAL IMPACT: An additional $106,000 ofTransNet EL11 funding is necessary to complete the Rebid Sidewalk Repair Project. PREPARED BY: APPROVED BY: Rob Turner 'Doug as Willifor DEPUTY CITY MANAGER CITY MANAGER DIRECTOR OF PUBLIC WORKS CITY ENGINEER : 09/11/2012 1@18 ITEM DATE: September 4, 2012 TO: Mayor Lewis, Mayor Pro Tem Ambrose, and Councilmembers Kendrick, McClellan and Wells FROM: Deputy City ManagerJDirector of Finance SUBJECT: Amendment to Professional Services Agreement with Rogers Anderson Malody & Scott, LLP RECOlVllVIENDATiON: That the City Council, acting as the Successor Agency to the former EI Cajon Redevelopment Agency, authorize the City Manager to execute an amendment to the existingAgreement for Professional Services between the City and Rogers, Anderson, Malody & Scott, LLP, to perform a due diligence review in accordance with Health & Safety Code (HSC) Section 34179.5. BACKGROUND: AB 1484, signed by Governor Brown on June 27, 2012, added HSC Section 34179.5, which requires each successor agency to employ a licensed accountant, approved by the county auditor~controner,to conduct a due diligence review to determine the unobligated balances available for transfer to taxing entities. The Certified Public Accountant firm, Rogers, Anderson, Malody & Scott, LLP (RAMS), is engaged to perform the City's Fiscal Year 2011~12 audit, meets the code requirements, has the experience and expertise in local government accounting to perform the due diligence review, and has agreed to do so for the Successor Agency to the former EI Cajon Redevelopment Agency. On April 10, 2007, City Council approved the original agreement with RAMS for professional auditing services. On February 14, 2012, the City Council approved an amendment to extend the contract period for one additional fiscal year. FISCAL IMPACT: No General Fund impact. The due diligence review fee is estimated not to exceed $15,000. The State Department ofFinance's current position is that the cost ofthe due diligence review should be incorporated as part ofthe successor agency's administrative allowance and should not be considered an enforceable obligation of the successor agency. APPROVED BY: Nancy Pa m Dougla Williford Deputy City Manager I City Manager Director of Finance : Sept 11,2012 ITEM NO: 3m 1 DATE: August 29, 2012 TO: Mayor Lewis, Mayor Pro Tern Ambrose, Councilmembers Kendrick, McClellan, and Wells FROM: Deputy City Manager/Director of Public Works/City Engineer SUBJECT: JOHNSON AVENUE SEWER RELIEF PROJECT AND MITIGATED NEGATIVE DECLARATION RECOMMENDATION: That the City Council: 1) Open the public hearing and receive testimony. 2) Close the public hearing. 3) Adopt the next RESOLUTION in order approving the Mitigated Negative Declaration, Mitigation Monitoring, and ReportingProgram (collectively, MND) for the Johnson Avenue Sewer Relief Project (Project). 4) Accept for filing at the Public Works Department, the pre-design report for the Johnson Avenue Sewer Relief and Consolidation Plan, and adopt the next RESOLUTION in order to approve the project. BACKGROUND: In December 2009, the City Council approved the selection ofAtkins Global (formerly PBS&J) to plan, design and study the environmental consequences ofthe proposed Project. In December 2011, the City Council authorized the City Manager to act on behalf of the City to seek a loan from the State of California Clean Water Revolving Fund (CWSRF) to plan, investigate environmental effects, design and construct the Project. The loan application is under review by the State Water Board (Water Board). Prior to approval of the loan application by the Water Board, the City Council must adopt resolutions of approval for the MND and the Project. The Project is approximately two (2) miles in length, and affects City streets including West Madison Avenue from; Chambers Street to North Johnson Avenue. North Johnson Avenue from; Madison Avenue to Bradley Avenue. Bradley Avenue from; Johnson to Marshall Avenue. The existing, undersized 33" diameter pipe, will be replaced with the proposed 48-inch pipeline, which will be placed about 22·feet below street grade. All properties fronting the alignment will be affected including Johnson Avenue Elementary School, Team Kia Dealership, Sunterra Condominiums, Parkway Plaza, and business along Johnson Avenue, and Bradley Avenue. The Project is designed to accommodate peak wet weather flows generated from ground water infiltration as experienced in December 2010, when the City experienced a rain storm that occurs only once in 40-years on average. On that date the City experience the worst sewer overflow in recordable history. The City's consultant, Atkins Global is prepared to make a presentation to the City Council explainingthe specifics ofthe project. Because ofthe scope and complexity ofthe project, the Public vVorks Director felt it was important to give affected property owners and residents along the project alignment an opportunity to voice any comments at a public hearing. After receiving testimony from the public, the City Council needs to decide if the MND is adequate to make a final decision and approve the project. Approval of the project and the MND by the City Council does not constitute a commitment to accept the loan, nor does it authorize the City's Purchasing Agent to advertise the Project for bidding. Final design ofthe Project will commence ifthe City Council approves the MND and the project. Construction of the Project is anticipated in early 2014. CEQA: An MND was prepared by Atkins and reviewed by staff. The MND meets the requirements of CEQA, and addresses certain elements of the National Environmental Policy Act (NEPA). Partial NEPA clearance is required by the state since a portion ofthe CWSRF funding includes federal monies. The MND was circulated for public and agency review from May 18 to June 18, 2012. Comments were received from the Department of Toxic Substances, Caltrans, Native American Heritage Commission, State Water Board, and Atwell, LLC (on behalf of Sears Holding Company), and generally involved environmental issues related to air quality, biological resources, cultural resources, construction noise, and traffic. The Final MND includes responses to comments, and is provided as an attachment in the agenda packet. The Project will not result in any significant effects on the environment with the proposed mitigation measures. These include measures to reduce environmental effects to levels below significance for all issues discussed in the MND, along with those commented by the public and agencies listed above. In order for the Council to adopt the proposed MND and approve the Project, the Council must make the following findings in accordance with CEQA Guidelines Section 15074: A. The environmental documents were considered, along with comments received during public review, and the decision to adopt is based on the whole record that the project will not have a significant impact on the environment, which reflects the Council's independent judgment and analysis. B. The custodian of the documents is the Public Works Department in project file WW3250 located on the fourth floor of City Hall. FISCAL IMPACT: are no Fiscal Impacts associated with the decision ofthe City Council in this matter. PREPARED BY: APPROVED BY: Rob Turner DEPUTY CITY MANAGER CITY MANAGER DIRECTOR OF PUBLIC WORKS CITY ENGINEER RESOLUTION NO. A RESOLUTION ADOPTING A FINAL MITIGATED NEGATIVE DECLARATION AND MITIGATION, MONITORING AND REPORTING PROGRAM FOR THE JOHNSON AVENUE SEWER RELIEF PROJECT. WHEREAS, Atkins Global, on behalf of the City of EI Cajon, prepared a Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program for the Johnson Avenue Sewer Relief Project in accordance with CEQA guidelines, which indicates that although the proposed project could have a significant effect on the environment, the impact can be made less than significant, if it is mitigated; and WHEREAS, the City circulated the draft Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program for public review, which reflects its independent judgment as required by Section 21082.1 of the Public Resources Code; and WHEREAS, the City Council held a duly advertised public hearing on September 11, 2012, to consider the final Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program in concert with the proposed project; and WHEREAS, the Mitigation, Monitoring and Reporting Program will ensure that the proposed project will not result in any significant impacts; and WHEREAS, in accordance with CEQA Guidelines Section 15074(c), the custodian of the Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program is the EI Cajon Public Works Department. and WHEREAS, after considering evidence and facts, the City Council did consider the final Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program as presented at its meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EL CAJON AS FOLLOWS: The City Council finds that: 1. The foregoing recitals are true and correct, and are findings of fact of the EI Cajon City Council in regard to the final Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program. 2. Based upon said findings of fact, the EI Cajon City Council hereby ADOPTS the final Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program for the proposed project. 9/11/12 (Item 3.1) Johnson Avenue Sewer Relief Proj Mit Neg Dec RESOLUTION A RESOLUTION APPROVING THE JOHNSON AVENUE SEWER RELIEF PROJECT. WHEREAS, on December 15, 2009, the City Council approved the selection of Atkins Global (formerly PBS&J) to prepare the Johnson Avenue Sewer Relief and Consolidation Plan, and to plan and design the preferred alternative as identified in the Relief Sewer and Consolidation Plan by constructing a relief sewer in Johnson Avenue (the "Project") to mitigate capacity deficiencies identified in the City's Sewer Master Plan. WHEREAS, on December 13, 2011, the City Council authorized the City Manager to file a loan application with the State Water Board to finance the design and construction of the Project. WHEREAS, in April, 2012, Atkins Global ("Atkins") delivered a final Pre-Design Report that established the preferred alternative alignment for the Project. WHEREAS, Atkins, on behalf of the City of EI Cajon, prepared a Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program for this project in accordance with CEQA guidelines, which indicates that although the proposed project could have a significant effect on the environment, the impact can be made less than significant, if it is mitigated; and WHEREAS, the City circulated the draft Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program for public review, which reflects its independent judgment as required by Section 21082.1 of the Public Resources Code; and WHEREAS, the City Council held a duly advertised public hearing on September 11, 2012, and adopted the final Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program in concert with the proposed project; and WHEREAS, the Mitigation, Monitoring and Reporting Program will ensure that the proposed project will not result in any significant impacts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EL CAJON AS FOLLOWS: The City Council finds that: 1. Based upon said findings of fact, the EI Cajon City Council hereby ACCEPTS for filing the Johnson Avenue Sewer Relief and Consolidation Plan Pre Design Report to be kept on file in the Public Works Department. 2. The EI Cajon City Council does hereby approve the project as presented in the Pre-Design Report. 9/11/12 (Item 3.1) Johnson Avenue Sewer Relief Proj Approval 4.1 (] DATE: September 4, 2012 TO: Mayor Lewis, Mayor Pro Tem Ambrose, Councilmembers Kendrick, McClellan and Wells FROM: Sara Ramirez, Director of Recreation SUBJECT: Fiscal Year 2012/2013 Youth League Utility Support Recommendation RECOMMENDATION: That the City Council approve the EI Cajon Recreation Council recommendation to provide utility support to nine Executive Member youth leagues. BACKGROUND: Per City Council Policy E-8, Youth Sport League Utility Support Program, youth leagues will receive financial support for their utility use in accordance with the established eligibility requirements. @! The league must be a non-profit organization and play on a field located within the city limits of EI Cajon. @! Leagues must have an Executive Member status per the EI Cajon Recreation Council By-Laws. At the Recreation Council meeting (minutes attached) on August 17, 2012, the EI Cajon Recreation Council found that the following leagues met attendance requirements in Fiscal Year 201112012 and unanimously approved these leagues for utility support for Fiscal Year 2012/2013. East County ASA American Youth Soccer Organization Emerald Pony League Fletcher Hills Little League El Cajon Pony League Singing Hills Little League Western Little League The El Cajon Recreation Council also found that the following leagues did not meet the attendance requirements and unanimously approved these leagues for utility support, however, they will be placed on probation for one year. EI Cajon National Little League EI Cajon Youth Football FISCAL IMPACT: Funds to cover utility use by youth leagues are included in the Recreation Department budget for Fiscal Year 2012/2013. Recreation Council Notes August 17, 2012 Meeting calied to order by Se(,,;rf'!f'i'irv Keith p.m. Treasurer's Report: Balance of $9,190.46 was reported by Dan Duffy on behalf of Karin Slaughter (absent). Mark Wood requested available City baseball field space for Emerald Pony use. All leagues present agreed to review their field usage and release any unused space to Emerald Pony. Jack Siekerka of East County Amateur Softball Association (ECASA) thanked the EI Cajon Recreation Council for their assistance in funding two ECASA team attendance at regional tournaments. Keith Haugen of East County Soccer Alliance (ECSA) shared a letter from the league conveying that the U12 team finished fifth out of 49 teams in Salem, Oregon and the U10 team finished seventh out of 32 teams in Spokane, Washington. Dan Duffy encouraged Recreation Council Leagues to consider sponsorship and participation in the upcoming annual, City of El Cajon Recreation Department sponsored, All Fore REG Golf Tournament to be held on October 5, 2012. Lu Tejeda, of Hotspurs Soccer, motioned that the council sponsor a green and a tee for the tournament. Randy Conley, of EI Cajon Pony, seconded and the motion carried with unanimous approval. A few leagues also mentioned their interest in sponsorship at individual league level. Dan Duffy asked anyone interested to contact him after they obtain board approval from their league. Lu Tejeda motioned for drafting of the annual Agenda Report requesting utility support for Recreation Council Executive Leagues, to include: American Youth Soccer Association (AYSO), ECASA, El Cajon National Little League (ECNLL), EI Cajon Pony, El Cajon Youth Football (ECYF), Emerald Pony, Fletcher Hills Little League (FHLL), Singing Hills Little League (SHLL) and El Cajon Western Little League (ECWLL). Lu noted that for Associate Leagues including: ECSA, Hotspurs Soccer, Quest Soccer, Voetball Soccer and Yalla Soccer do not require utility support. Additionally, Lu indicated that the report would reveal that four leagues; ECSA, ECNLL, ECYF and Voetball Soccer, have been placed on probation for Fiscal Year 2012/2013 as a result of not meeting the minimum Recreation Council meeting attendance for Fiscal Year 2011/2012. Ty Dayton of FHLL seconded and the motion carried with unanimous approval. Dan Duffy passed out flyers for the upcoming Adult Soccer Tournament and Adult Volleyball League. A number of leagues expressed interest but were concerned about the scheduled playing time. Dan asked that all interested participants contact him to report scheduling conflicts and he would make adjustments if possible. Lu Tejeda motioned to adjourn the meeting at 7:28 p.m., seconded by Ty Dayton and carried with unanimous approval. City Clerk Date Stamp MEETING: ITEM DATE: September 4, 2012 TO: Mayor and City Council FROM: Mayor Pro Tern Ambrose .SUBJECT: Council Activities Report RECOMMENDATION: That the City Council accept and file the following report ofCouncillMayor activities attended during the current agenda period. BACKGROUND: Government Code Section 53232.3(d) requires members ofa legislative body to provide brief reports on meetings attended at the expense ofthe local agency at the next regular meeting of the legislative body. REPORT: Since the last City Council meeting, I have attended the following events on behalfofthe City ofEl Cajon: August 14, 2012 - Council Meeting August 16, 2012 - Alliance for a Better Community Meeting. August 17, 2012 - Meeting wi Animal Center for Education & Services Foundation (ACES) August 24,2012 - Meeting @ East County Economic Development Council August 28, 2012 - Meeting wi City Manager August 31, 2012 - Meeting wi CEDS Committee August 31,2012 - Meeting wi Supervisor Dianne Jacob I will be happy to answer any questions you may have. SUBMITTED BY, Tony !\l1i1bJros:e Mayor Pro Tern 1 City Clerk Date Stamp MEETING: 9/11/12 ITEM NO: 8.1 DATE: September 4, 2012 TO: Mayor and City Council FROM: Councilmember Kendrick SUBJECT: Council Activities Report RECOMMENDATION: That the City Council accept and file the following report ofCouncillMayor activities attended during the current agenda period. BACKGROUND: Government Code Section 53232.3(d) requires members ofa legislative body to provide brief reports on meetings attended at the expense ofthe local agency at the next regular meeting of the legislative body. REPORT: Since the last City Council meeting, I have attended the following events on behalfofthe City ofEl Cajon: September 7, 2012 - Meeting with City Manager September 11, 2012 - City Council Meetings 3:00 and 7:00 p.m. I will be happy to answer any questions you may have. SUBMITTED BY, Gary W'endrick Councilmember City Clerk Date Stamp MEETING: 9/11/12 ITEM NO: 9.1 DATE: September 4, 2012 TO: Mayor and City Council FROM: Councilmember McClellan SUBJECT: Council Activities Report RECOMMENDATION: That the City Council accept and file the following report ofCouncil/IvIayor activities attended during the current agenda period. BACKGROUND: Government Code Section 53232.3(d) requires members ofa legislative body to provide brief reports on meetings attended at the expense ofthe local agency at the next regular meeting of the legislative body. REPORT: Since the last City Council meeting, I have attended the following events on behalfofthe City ofEl Cajon: August 15, 2012 Sunshine's Birthday Event/Fund Raiser August 23, 2012 Stoney's Kids Birthday Fund Raiser August 27, 2012 Elks Lodge Law Enforcement Recognition Banquet September 4, 2012 GUHSD Office Renovation Groundbreaking Ceremony September 11, 2012 - City Council Meetings - 3:00 and 7:00 p.m. I will be happy to answer any questions you may have. SUBMITTED BY, Bob McClellan Councilmember 1 City Clerk Date Stamp MEETING: 9/11/12 ITEM NO: 10,1 DATE: June 18, 2012 TO: Mayor and City Council FROM: Councilmember Bill Wells SUBJECT: Council Activities Report RECOMMENDATION: That the City Council accept and file the following report ofCouncillMayor activities attended during the current agenda period. BACKGROUND: Government Code Section 53232.3(d) requires members ofa legislative body to provide brief reports on meetings attended at the expense ofthe local agency at the next regular meeting of the legislative body. REPORT: Since the last City Council meeting, I have attended the following events on behalfofthe City ofEl Cajon: August 27,2012 - Meeting with City Manager September 4, 2012 - GUHSD Office Renovation Groundbreaking Ceremony September 5-7,2012 - League of California Cities Annual Conference September 11, 2012 - City Council Meetings at 3:00 and 7:00 p.m. I will be happy to answer any questions you may have. SUBMITTED BY, Bin Wells Councilmember 1 LEGISLATIVE REPORT 11-2012 COUNCIL BILL STATUS/ BILL NO. SPONSOR SUBJECT POSITION COMMITTEE DATE LAST ACTION 10/8/2011 Chaptered by the Secretary County free libraries: withdrawal: AB 438 Williams 6/14/2011 Oppose Assembly of State, Chapter Number 611, Statutes use of private contractors of 2011 10/9/2011 Chaptered by the Secretary Local government: bankruptcy: AB 506 Wieckowski 4/12/2011 Oppose Assembly of State, Chapter Number 675, Statutes mediation of 2011 Vehicles: Speed Limits: Downward 10/7/2011 Chaptered by the Secretary AB 529 Gatto Speed Zoning. Local Control of NIA Support Assembly of State, Chapter Number 528, Statutes . Speed Limits of 2011 An act to add Section 14105.94 to 10/2/2011 Chaptered by the Secretary AS 678 Pan/Steinberg the Welfare and Institutions Code, 4/12/2011 Support Assembly of State, Chapter Number 397, Statutes . relating to Medi-Cal of 2011 10/9/2011 Chaptered by the Secretary Special Distribution Fund-Tribal AB 1417 Hall NIA Support Assembly of State, Chapter Number 736, Statutes Gaming: Local Mitigation Monies of 2011 8/27/2012 Assembly Rule 77 Service Authorities for Freeway suspended. Senate amendments AS 1572 Fletcher 3/13/2012 Support Assembly Emergency: San Diego County concurred in. To Engrossing and Enrolling. 8/30/2012 In Assembly. Concurrence in Senate amendments pending. Re- referred to Com. on H. & C.D. pursuant to Assembly Rule 77.2. Joint Rule 62(a), file notice suspended. From AB 1585 Perez Redevelopment; Housing funds 3/27/2012 Support Assembly committee: That the Senate amendments be concurred in. (Ayes 5. Noes 2.) (August 30). Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 58. Noes 20.). The Legislative Report tracks bills for the 2011·2012 Session of the California Legislature that the Ei Cajon City Council I Housing Authority has voted to monitor, support or oppose. Page - 1 - Updated September 5, 2012 at 1Q:00 a.m. for the September 11, 2012 City Council Meeting COUNCIL BILL STATUSI BILL NO. SPONSOR SUBJECT POSITION COMMITTEE DATE LAST ACTION Registered Warrants. Protects tax - 1/20/2012 Failed Deadline pursuant to payers by prohibiting state from S8 11 Anderson 4/26/2011 Support Senate Rule 61 (b) (2). (Last location was 2 charging interest, late fees or YEAR on 5/28/2011) I penalties State Funds: Registered Warrants. Forces state agencies & 8/25/2011 Set, second hearing. Held in S8 120 Anderson 4/26/2011 Support Senate departments to accept state's IOUs committee and under submission. as payments 9/6/2011 Chaptered by the Secretary of Recreational activities: skateboard S8 264 Correa 6/14/2011 Support Senate State, Chapter Number 232, Statutes of Parks 2011 9/6/2011 Chaptered by the Secretary of S8 332 Padilla Smoking: rental dwellings 6/14/2011 Support Senate State, Chapter Number 264, Statutes of 2011. Department of Transportation: north 10/7/2011 Chaptered by the Secretary S8 468 Kehoe coast corridor project: high- 4/26/2011 Oppose Senate of State, Chapter Number 535, Statutes occupancy toll lanes. of 2011 8/29/2012 Assembly amendments Community Development and S8 1156 Steinberg 5/8/2012 Support Senate concurred in. (Ayes 21. Noes 1 Housing Joint Powers Authority Ordered to engrossing and enrolling. Committee on 9/21/2011 Chaptered by the Secretary SBX1 Supplemental Law Enforcement ------Budget and 9/13/2011 Support Senate of State, Chapter Number 14, Statutes 4 Services Account (SLESA) Fiscal Review of 2011 First Extraordinary Session The legislative Report tracks bills for the 2011-2012 Session of the California legislature that the EI Cajon City Council I Housing Authority has voted to monitor, support or oppose. Page - 2 - Updated September 5, 2012 at 10:00 a.m. for the September 11, 2012 City Council Meeting 1 .. Aug. 8,2012 Issue #83 LEAGUE-SUPPORTED METAL THEFT BILL S8 1387 HEADS TO ASSEMBLY FLOOR League-supported S8 1387 (Emmerson) is headed to the Assembly Floor after successfully passing out of the Appropriations Committee today. This bill provides additional penalties for junk dealers or recyclers who possess fire hydrants, manhole covers, or sewer backflow devises without proper authorization from the public agency or utility owning or previously owning the item. It also requires that junk dealers and recyclers must call law enforcement within 24 hours if they have unknowingly come into possession of one of these items. For more, see Page 2. DEADLINE TO DESIGNATE YOUR CITY'S VOTING DELEGATE FOR THE LEAGUE'S ANNUAL BUSINESS MEETING IS AUG. 15 The deadline for voting delegate forms for the League's Annual Business Meeting at the League's Annual Conference & Expo in San Diego is next Wednesday, Aug. 15. If you'd like to vote at the Annual Business Meeting on Friday, Sept. 7, it's time for your city council to appoint a voting delegate. Your city may also choose up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. For more, see Page 2. '5B 1387' Continued from Page 1... Metal theft is a prolific problem impacting urban, suburban, and rural areas alike. Metal theft targets include everything from essential wiring for community baseball fields to dedication plaques from the local community. S8 1387 addresses those items that can lead to a direct public safety threat. In fact, this bill was introduced in response to a serious injury directly caused by metal theft when a little girl from the author's district fell into a manhole that was missing its cover because of theft. S8 1387 relieves junk dealers and recyclers from having to determine whether or not these metal items belonging or previously to public agencies are in fact stolen and creates meaningful penalty enhancements. This bill moved through the last policy committee on consent and has received bi partisan support throughout both houses. The League thanks Sen. Bill Emmerson (R-Riverside) for his leadership on the bill, as well as co-authors Sen. Tom Berryhill (R-Stanislaus) and Assembly Member Fiona Ma (D-San Francisco). The League is pleased to join our partners from local government, utility providers, and the business community in support of SB 1387. Cities can send their own letter of support. A sample letter is available on the League's website at :l'!.W\~.cacities.org/billsearch by typing "SB 1387" into the search box. 'Delegate' Continued from Page 1... A total of 261 of the more than 320 cities that have pre-registered for the conference have completed the voting delegate process. Five resolutions have been submitted for voting at this year's meeting. Each city must complete the official Voting Delegate form and return it to the League office no later than Wednesday, Aug. 15. This will allow time to establish voting delegate/alternates' records prior to the conference. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting: .. Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action ofthe mayor or city manager alone. @ Conference Registration Required (online registration closes on Aug. 13). .. For more information, visit http://w.!Yw.cqg.ities.Qrg/Polify-Advocacv/Policy DeveJQQilli3nt/60nuai-Confer~oce-ResolutiQns. 2 " Aug. 10,2012 Issue #84 IN THIS ISSUE: Page 4: New Solar Permitting Guide Available Page 5: ILG Releases New Publication on SB 375 City of Palm Desert Rallies Cities to Comment on Proposed Federal Regulations on PACE Program Page 6: 10 Questions to Ask Before Installing Solar and More - Now in Western City Magazine Former League Associate Counsel Lew Keller Dies THE LEAGUE AND CITY OFFICIALS RESPOND TO INACCURATE LOS ANGELES TIMES EDITORIAL ON FISCAL VIABILITY OF NEW CITIES The Los Angeles Times editorial "New cities? Not now" (b.tll2:llwwlN.latimes.cQmlnews/opinion/8c1itorials/la~ed~iurupa~\f911~y::disinco[Qorate·· 20120803,O,683jr778.stor~), which ran on Aug. 3, grossly misunderstood the context and state laws that dictate the dispersal of vehicle license fee (VLF) dollars to established and newly incorporated cities. The editorial angered city officials from throughout California, especially those in Riverside County where California's four newest cities may be forced to disincorporate because the state took some $140 million in VLF from cities. In its desperate attempts to set its own fiscal house in order, the state has again shifted vital local revenues without due regard or consideration for the severe impacts of these actions on local communities and core local services. In this case, those impacts particularly affect new incorporations and annexations that have occurred since 2004. For more, see Page 2. LEAGUE OF CALIFORNIA CITIES' 2012 MAJOR Bill LIST - AUG. 10, 2012 The League revised its major bills list this week. The following list represents the bills that League staff is following closely. With only about three weeks left until the end of the end of session, city officials should watch for action alerts on priority bills. For more, see Page 2. LEAGUE TO HOST FREE END OF SESSION SIGNNETO WEBINAR With the Legislative session ending on Aug. 31, the League plans to host a free webinar on Thursday, Aug. 23 for members and partners to review the top priority bills for which cities should send signature or veto letters to Gov. Jerry Brown. This will be the final opportunity for city officials to voice their support and opposition to their legislators on key bills. For more, see Page 4. 'Editorial' Continued from Page 1... The League's response in a letter to the editor in the Los Angeles Times ran on Aug. 8 urging the state to restore the constitutionally protected VLF funding. Also on Aug. 8, the paper ran a response on its website forum "Blowback" (http://www.latjllJ§s.Gorn/news/opinion/opinLQn~lalla~ol-dties-disincorporate·:QJovlfback: 201?0808.0,f,?,9945:J2torl£) from Wildomar Mayor Ben Benoit, Eastvale Mayor Jeff DeGrandpre, Menifee Mayor John Denver, Riverside Mayor Ron Loveridge and Riverside County Board of Supervisors Chair John Tavagilone. Jurupa Valley City Manager Stephen Harding's response is on W esternCity.com !J.ltQjjY:!:12{t!.:..Y::!!i§1§fD.f~il'L::';;.QJJlLYY.Jt§~llil~j.t:::J.I1~lfl\;l.§!:1.Q1;WJgJ:J.Qi'l:':!JjillQX.:1:lJ.tt: Last-Citv-in-California/. These responses to the editorial address how the Los Angeles Times did not correctly understand the particular dependence of new cities on the constitutionally-protected VLF due to the Legislature's own discriminatory provisions in the 2004 VLF - Property Tax swap. The VLF has long been a major general revenue source to cities and counties and is constitutionally protected for cities and counties. In 1998, the state sought to enact a multi-billion dollar tax break from the VLF. It did so by providing a backfill from the state general fund to cities and counties to offset the reduced effective VLF rate. In 2004, the Legislature approved a "swap," eliminating the general fund backfill and instead directing more property tax revenues to cities and counties. However, the Legislature failed to include a mechanism to provide such property tax revenues to cities that incorporate, or cities that annex new territory, after 2004. In 2006, special allocations for new incorporations and annexations were derived from the remaining VLF revenues going to cities (AB 1602). These annual allocations were intended to compensate for the lack of higher property tax revenues that all other cities receive. The bill also provided for a start-up "bump" in the special allocation to new cities that is phased-out after five years. But in rushed action, lacking committee review or due consideration of the fiscal or policy impacts, the Legislature took these revenues to fund a portion of its realignment of state responsibilities to locals (SB 89 2011). In shifting all remaining VLF revenues from cities to fund law enforcement grants previously paid by the state general fund, the Legislature took funds from local public safety and other vital local services in all cities. But by eliminating the special VLF allocations to incorporations, the state has put the very existence of the state's newest cities at peril. New cities and annexed areas lost the special AB 1602 VLF allocations that were designed to compensate for the fact that they do not receive the substantially higher level of property taxes that all others do from the 2004 VLF swap. On Sept. 23, 2011, the League filed a law suit in the Sacramento County Superior Court arguing that SB 89 and its companion bill, AB 118 (FY 2011-12 budget bill) violate Props. 22 (2010) and 1A (2004). League of California Cities v. Chiang was heard by Judge Lloyd Connelly earlier this summer. The court ordered supplemental briefing, which will be filed by Aug. 20. A ruling could be made as early as September. A more detailed explanation of the VLF swap, SB 89 and the effects on incorporations and annexations may be found at .http://'''.Lvyy'LcClljfOl"n@<:;lMinaJJce,S~9iTlLVLfJilldate1201 ~QJ:2Qf. 'Major Bills' Continued from Page 1... All League position letters can be found under the bill number in our bill search function on the website at www.c§£Hies.or:g/bill'l.~i3rch. 2012 Major Bills (Aug 10, 2012) Administrative Services 2 - S8 1002 (Yee) Public Records: Electronic Format. League position: Oppose Unless Amended. This bill would amend the California Public Records Act to require agencies to create new records at public expense and dictates the format in which agencies maintain and disclose electronic records. Employee Relations HOT BILL .. A8 1551 (Torres) Insurance: Public Safety Employees: Accidents. League position: Oppose. This bill would exempt certain public safety officers from a requirement to report accidents that occur in a personal vehicle to a personal insurance provider and instead report those accidents to the employer. This bill unnecessarily shifts the liability for automobile accidents from the employee to the employer. Environmental Quality SB 965 (Wright) State Water Resources Control Board and California Regional Water Quality Control Boards: Ex Parte Communications. League position: Support. This bill would clarify that there is no prohibition on ex parte communications between members of the State Water Resources Control Board or the California Regional Water Quality Control Boards and the regulated community in connection with specific permit proceedings, including those involving the issuance or modification of general stormwater permits. The legislation will significantly help local government communicate with water boards as permits are in development. This bill, modeled after the Public Utilities Commissions' ex parte provisions, is very similar to AB 2063, which is modeled after the California Coastal Commission. HOT BILL - SB 1222 (Lena) Solar Energy: Permits. League position: Oppose. This bill would place a cap on building permit fees on solar residential systems as well as require local agencies to provide a report to the California Energy Commission (CEC) no later than Dec. 1,2013. SB 1278 (Walk) Planning and Zoning: Levees. League position: Support. This bill would make changes to the 200-year flood requirements enacted in 2007, including addressing timing issues for cities and counties in the Sacramento-San Joaquin Valley (northern border of California down to Fresno) that are required to amend their general plan within 24 months of the adoption of the Central Valley Flood Protection Plan. Public Safety A8 2031 (Fuentes). Community Corrections Partnerships. League position: Oppose. Expands membership on the local Community Corrections Partnerships and state Board of State and Community Corrections to include duplicative county sheriff and probation and state parole representatives, further diluting the voice of cities. AS 2366 (Eng). Fix-It Tickets. League position: Support. Increases the fine associated with "fix it" tickets from $10 to $25. This citation penalty has not been updated for nearly 20 years and local agencies are not recouping the cost of citing and processing citations that ensure the safety of vehicles operating on public streets and roads. Post-Redevelopment Lefl!§lation S8 214 (Walk) Infrastructure Financing Districts: League position: Support. As amended, Aug. 6, this measure accomplishes a long-needed rewrite of existing Infrastructure Financing Districts Law; it removes the existing vote thresholds, authorizes rehabilitation and maintenance, and makes numerous other changes focused on making the tool more flexible. The author amended the bill to incorporate many amendments proposed by the League designed to make the bill more workable. AB 2144 (Perez) Infrastructure Financing Districts. League position: Watch. This bill proposes to make numerous changes to infrastructure financing districts. One significant difference with SB 214 (Wolk) is the bill has 55 percent voter thresholds for establishing a district and issuing debt. 3 AB 2037 (Davis) California New Markets Tax Credit League position: Support. This measure would reallocate some existing unused state tax credits to benefit job creation and economic development projects in local communities. SB 1156 (Steinberg) Sustainable Communities Investment Authority. League position: Oppose Unless Amended. This measure authorizes the creation of local Sustainable Communities Investment Authorities. These authorities would be established under the legal authority of former redevelopment agencies, but limited in numerous ways. The provisions of redevelopment law would also apply, except for the finding of blight. Cities could not establish an authority without county approval. On June 28, the League sent a letter to the author outlining various areas of concern with this measure that need to be addressed to make the bill workable for cities. The League board approved an Oppose Unless Amended position on July 20. Since then, the League has met with the author's staff and sponsors to discuss ways to make the bill more workable for cities, and followed up by providing the author's office with a set of proposed amendments. The legislation is expected to be amended again during the week of Aug. 13-17, and the League will evaluate the amended bill. Transportation, Communications, and Public Works AB 1050 (Ma) Telecommunications: Prepaid Mobile Telephony Services: Taxes and Fees. League position: Pending. This bill would provide a process for collection of utility users taxes (UUT) and relevant state taxes on prepaid wireless services. The League recently held a conference call to discuss the newest proposal to collect these taxes and has been polling our members for input. The ultimate outcome for AS 1050 is still uncertain, as is the League's position. If your city has a telecommunications UUT, but you have not received information on the newest proposal, please contact League staff. HOT Bitt ~ AB 2231 (Fuentes) Sidewalks: Repairs. League position: Oppose. This bill sets a terrible precedent by requiring voter approval before an ordinance regarding sidewalk repair can be repealed. Specifically, the bill would require voter approval before cities and counties could repeal an existing ordinance that states that the jurisdiction would take responsibility for sidewalk repair. The bill would also prohibit cities that have an ordinance from imposing a fee, charge, or assessment, for sidewalk repairs. Voluntary contractual assessments would be allowed. 'Webinar' Continued from Page 1... Webinar Details Thursday, Aug. 23 1-2:30p.m. Register online at [email protected]~!li:~. The registration deadline is Tuesday, Aug. 21 by noon. One connection per city or League partner please. Webinar login information will be sent by the end of business on Wednesday, Aug. 22. For registration questions, please contact Megan Dunn at mgwl.Q@}cagl1ies"-orq. For all other questions, please contact Meghan McKelvey at rnmchS'ly.ey(ci{cacities.org. New Solar Permitting Guide Available The Governor's Office of Planning and Research (OPR) has been working to remove barriers that constrain the expansion of small-scale renewables, as California strives to meet its goal of 12,000 megawatts of small··scale renewable energy. To address some of the complexities involved in local permitting of small-scale renewable energy, OPR has teamed up with a variety of stakeholders, including local governments, to produce the California Solar Permitting Guidebook (J:illJ:!:/loPc.ca.gov/docs/California Solar PeD'rlittlmL Guig~book.oQf). It's a first-of-its-kind guide 4 that presents valuable guidance and information on solar permitting. The guidebook also has a number of templates and model forms to help local governments and contractors with the permit process. The free guidebook along with additional resources and information can be found on OPRs website (DjtQ1~!iYY.~[:.f.S:L~LQYlsLLE;[L~@l;;rL~cCI§[mLQI}Q). IlG Releases New Publication on 58 375 The Institute for Local Government (ILG) has released its newest publication, "Understanding 5B 375: Opportunities to Engage the Public in Regional Planning." The publication describes the benefits and opportunities for engaging the public in regional transportation planning in California. This guide will be especially helpful to local officials and regional planning agencies considering public engagement options for the development of sustainable communities' strategies as required under SB 375. City officials can download the publication at !ltto:!!wv\jw.ca~il9.:Q[g/docurnent/understanding~sb·· 3·r5~opportunities-engage-public..regjonill:pianning. City of Palm Desert Rallies Cities to Comment on Proposed Federal Regulations on PACE Program Comments Due by Sept. 13 The deadline to comment on underwriting standards for the Federal National Mortgage Association (Fannie Mae) and Federal Home one Mortgage Corporation (Freddie Mac) relating to mortgage assets affected by Property Assessed Clean Energy Programs (PACE) has been extended from June 30 to Sept. 13. Palm Desert Mayor Robert Spiegel ( http://www.cacJJies.Q~!?9urges-DQ.cUiTI ents!l\Jews/l\Jews!'4012/AugustiPACF-IeHer-from Mayor::§piegel-Oa:p3-12)is urging cities from across the nation to submit comments on behalf of their communities so that local governments can continue to use this tool to encourage energy independence and environmental sustainability. PACE is an innovative tool used by property owners in communities nationwide to finance renewable energy and water efficiency projects for their homes and commercial buildings, repaid through an assessment on their property tax bill. The improvement saves utility costs and stays with the property if the property owner moves, and so does the assessment. The utility cost savings are projected to exceed the assessment payments. Jobs are generated locally, adverse climate impacts are reduced, reliance on foreign energy sources are reduced, and the property owner saves money. Participation in PACE programs is entirely voluntary; interested property owners opt into a PACE program on a property basis. PACE financing provides significant public benefits and makes use of traditional assessment financing available to United States municipalities for more than 100 years, with modifications for voluntary participation and to authorize energy and water efficiency and renewable energy projects. The Federal Housing Finance Agency (FHFA), the agency that oversees Fannie Mae and Freddie Mac, failed to comply with proper noticing procedures in 2010 when they issued a statement eliminating the PACE programs. The U.S. District Court has since ordered FHFA to comply with proper noticing procedures and solicit public comments prior to implementing a rule based on the 2010 statement. Comment Submission Information You may submit your comments, identified by regulatory information number (RIN) 2590-AA53, one of the following ways: 5 .. Federal eRulemaking Portal: Follow the instructions for submitting comments. If you your comment to the Federal eRulemaking Portal, please also send it by email to FHFA at to ensure timely receipt by FHFA. Please include "RIN 2590-AA53" in the subject of the message. .. Email: Comments to Alfred M. Pollard, General Counsel may be sent by email to B~£LG9r!lnl§!llli@frILS"flQ'L. Please include "RIN 2590-AA53" in the subject line of the message. .. U.S. Mail, United Parcel Service, Federal Express, or Other Mail Service: o Alfred M. Pollard, General Counsel, Attention: Comments/RIN 2590-AA53, Federal Housing Finance Agency, Eighth Floor, 400 Seventh Street SW, Washington, DC 20024. .. Hand Delivered/Courier: o Alfred M. Pollard, General Counsel, Attention: Comments/RIN 2590-AA53, Federal Housing Finance Agency, Eighth Floor, 400 Seventh Street SW, Washington, DC 20024. (The package should be logged at the Seventh Street entrance guard desk) Please visit www.fhfa.qov for additional information. 10 Questions to Ask Before Installing Solar and More - Now in Western City Magazine .. "10 Questions to Ask Before Installing Solar Power on Agency Facilities" (llttD:I[,,!vvV\{v. westerncitv.com/Western-CitylAU..9.~st-2'.:Qj 2/J O..Questions-to:Ask-Befon,:,.:: .!rL'?lallinCl"12glar-Povver-on-AgencV:Facilities/) ~ As the cost of installing solar photovoltaic (PV) systems on agency facilities has declined over the past few years, local agencies are considering the benefits. Solar PV systems convert sunlight to electricity and offer opportunities to reduce energy costs, save taxpayer dollars, save energy and increase sustainability. Asking the right questions can help make the project a success. .. "Reflecting on Our Progress and Moving Forward" (http://wyvw.w~steIncitv.coIJ1LWestern .. CitvlAUgl}st..20 12/Reflecting-on..Our-F'ro9I&5>s-and..I\J1oYlr19::forward/) - League President Mike Kasperzak looks at the key issues of the past year and the challenges ahead for cities. Former league Associate Counsel lew Keller Dies Former League Associate Counsel Lew Keller passed away on Aug. 2 at the age of 93. Keller joined the League in the late 1940s and left the League in August 1962. Following a distinguished tenure with the League, Lew went on to serve as executive director of the Association of California Life and Health Insurance Companies. He stepped down in 1989 but did not fully retire until 2002 and was a mentor to many policy makers and lobbyists throughout his long career. At his request, no formal services will be held for Lew. A celebration of life will be scheduled sometime this fall. Please send condolences to: Jo Keller and family CIa care Association of California Life and Health Insurance Companies 1201 K Street, Suite 1820 Sacramento, CA 95814 Please contact John Shirikian for additional information via email kblrikian@agllJLc:.conl. 6 Aug. 13,2012 Issue #85 UPDATES Bills in Committee: Aug. 13 ~ 11 The following list represents the bills scheduled for hearing this week for which the League currently has a position. Many legislative hearings are available for online video or audio monitoring via the Cal Channel (www.calch_an~Qolll). the Senate (Y:LWVv~~m:1J&J;a.m"2Y) and the Assembly (!wvw.a~$embI.Y~'s;§JlQY)websites. A full listing of all Senate and Assembly hearings is also available online at Jlttror//www.legliJjQ.ca.9QYL1?..Yfile..JJ.tmj. Hearing times are subject to change. For more, see Page 2. 'Bills in Committee' Continued from Page 1... Senate Appropriations, State Capitol, Room 4203 at 11 a.m.: A8 890 (Olsen) Environment: Roadwziy 1!1rllJl·ov'enienlt. League position: Support. Senate Energy, Utilities and Communications, State Capitol, Room 3191 at 2 p.m. or upon adjournment: A8 2075 (Fong) Net Energy Metering: Fuel Cell Electrical Generating Facilities. League position: Support. Thursday, Aug. 16 Assembly Appropriations, State Capitol, Room 4202, upon adjournment: S8 1162 (Runner) Animal Control: Tranquilizers. League position: Support. .- sa 1222 (leno) Solar Energy: Permits. League position: Oppose. S8 1268 (Pavley) Energy: Energy Conservation Assistance. League position: Support. S8 1303 (Simitian) Vehicles: Automated Traffic Enforcement Systems. League position: Neutral. Assembly Appropriations Suspense, State Capitol, Room 4202, upon adjournment: A8 2037 (Davis) Income Taxes: Hiring Credits: Investment Credits. League position: Support. ACA 23 (Perea) local Government Transportation Projects: Special Taxes: Voter Approval. League position: Support. SB 186 (Kehoe) The Controller. League position: Neutral. SB 234 (Hancock) Goods Movement Emission Reduction Program. League position: Support. NOT BILL ~ SB 1002 (Yee) Public Records: Electronic Format League position: Oppose. SB 1207 (Fuller) California Alternative Rates for Energy Program. League position: Support. SB 1278 (Wolk) Planning and Zoning: Flood Protection: Sacramento-San Joaquin Valley. League position: Support. S8 1468 (Calderon) Fireworks. League position: Oppose. Senate Appropriations Suspense, State Capitol, upon adjournment: A8 808 (Skinner) Workers' Compensation: Hospital Employers: Presumption. League position: Oppose. AB 1191 (Huber) Local Government Finance. League position: Support. HOT BILL - AS 1551 (Torres) Insurance: Public Safety Employees: Accidents. League position: Oppose. AS 1687 (Fong) Workers' Compensation. League position: Oppose. HOT BILL - AS 2231 (Fuentes) Sidewalks: Repairs. League position: Oppose. 2 1 Aug. 14,2012 Issue #86 UPDATES LEAGUE~OPPOSED AB 2451 SEEKS TO EXPAND PUBLIC SAFETY DEATH BENEFITS Despite discussions with the author's staff and sponsors over the last several months, the League remains opposed to AS 2451 (Perez) because it would dramatically increase workers' compensation costs for local governments by removing the four-and-a-half year statute of limitations for presumptive death benefit claims for firefighters and peace officers. For more, see Page 2. LETTERS NEEDED FOR LEAGUEBSUPPORTED AS 2037 Bill Would Create New Local Economic Development Option Given the state's budget problems it may be difficult to envision how a state tax credit bill might be enacted this year. Yet, AS 2037 has secured bi-partisan support and seems to still have a chance of moving this year because it proposes to reallocate some unused tax credits for another purpose. For more, see Page 2. 'AS 2451' Continued from Page 1... Under current law, death benefit claims must be made within four-and-a-half years of a death or job-related injury with the exception of HIV/AIDS or asbestos-related illness. AS 2451 would allow beneficiaries to file a death benefits claim at any time up to one year after the date of death without regard for the time between the employee's exposure to and presumable death from heart disease, cancer, tuberculosis or blood borne pathogens. Employers would see a significant increase in cost for death benefits for injuries that may not be job related, but because these are presumptive injuries it would be nearly impossible for the employer to refute the claim. Death benefits are designed to provide protections against financial hardships when a public safety officer dies due to a job-related illness, this bill goes far beyond that purpose. The liability to local government budgets is enormous. The Sacramento Bee recently published two critical editorials on AS 2451: @ Editorial: Summer giveaway must be stopped bJtp:llwww.sacbee,.&Qm/2012/08/'l2/v prinU~47153n Isurnrner-giveawai-must-be-stoQ~"-htrnl @ Editorial: Yet another benefits boost at the Capitol? ht1Q:llwvvvv.sacbee.coml:JO12/08/08/4703397/yet-an9ther-benefits-boost-at.l]1rnI The California Association of Counties (CSAC), the Regional Council of Rural Counties (RCRC) the California Special Districts Association (CSDA) and the Association of California Healthcare Districts are also opposed to AS 2451. City officials are strongly encouraged to send opposition letters immediately. The League's opposition letter and a sample letter can be accessed on the League's website at wW\j\j.cacitles.O[~l/billsearch. by typing "AS 2451" into the search box. 'AS 2037' Continued from Page 1... Modeled after the federal New Markets Tax Program, AS 2037 (Davis) would create a California New Markets Tax Credit program designed to help incentivize community revitalization projects in low-income communities. The program would provide another option for attracting private capital and federal tax credits to spur investment and create jobs. The bill would be funded by appropriating $300 million of unused tax credits originally allocated to the existing California State Hiring Tax Credit (CSHTC) program, which was created in 2009 as part of a budget agreement but has been significantly underused. Specifically the program would: " Allow for a specified credit to taxpayers holding a "qualified equity investment" on a "credit allowance date" of the investment that occurs during the taxable years starting on or after Jan. 1, 2013 until Jan. 1, 2020. The program provisions sunset on Dec. 1,2020. " Requires the California Tax Credit Allocation Committee (Committee) to administer and adopt gUidelines to carry out the program's purpose and establish and impose reasonable fees upon entities that apply for a credit allocation. .. Requires the Committee to allocate credits and give priority to applications submitted by an entity that has a record of successfully providing capital or technical assistance to disadvantaged businesses or communities or intend to make qualified low-income community investments. .. Requires the Committee to annual reserve at least: o 15 percent of the tax credits for community development entities that target businesses located in low-income communities facing disproportionate environmental pollution; o 15 percent of the tax credits for community development entities that target rural areas, including businesses providing equipment Or supplies to agricultural producers, packers, handlers, and processors; and o 20 percent of the tax credits for community development entities that target businesses in inner-city areas. 2 Because such a program could provide additional resources for community revitalization efforts, city officials are encouraged to send support letters for AS 2037. The League's position letter and a sample support letter are available on the League's website at Y:L'1r;!L9i!'Qlli's~Q(fiLmlJ§J:LCli:g.b· 3 Aug. 16,2012 Issue #87 UPDATES APPROPRIATIONS UPDATES: BAD SIDEWALK REPAIR BILL HELD, OPEN DATA BILL AMENDED, OTHERS MOVING FORWARD Today, both the Senate and Assembly Appropriations Committees met and took up a number of regular order business items. as well as their suspense files. The suspense file is a holding placing for bills which carry appropriations. Bills which are moved out of suspense then go to the floor. while bills held in suspense die. For more, see Page 2. 'Appropriations' Continued from Page 1... Held in Suspense fiOT ~. AB 2231 (Fuentes) Sidewalk Repairs. Oppose. This bill was held in suspense and is no longer expected to move fOrward this session. The bill would have set a terrible precedent by requiring voter approval before an ordinance regarding sidewalk repair can be repealed. Specifically, the bill would have required voter approval before cities and counties could repeal an existing ordinance that states that the jurisdiction would take responsibility for sidewalk repair. The bill would have also prohibited cities that have an ordinance from imposing a fee, charge, or assessment, for sidewalk repairs. Voluntary contractual assessments would have been allowed. The League thanks cities for their efforts to defeat this measure. AS 2037 (Davis) Income Taxes: Hiring Credits: Investment Credits. Support. This bill was held in suspense and is no longer expected to move forward this session. This bill would have created the California New Markets Tax Credit program designed to help incentivize community revitalization projects in low-income communities. The bill would have been funded by appropriating $300 million of unused tax credits originally allocated to the existing California State Hiring Tax Credit program, which was created in 2009 as part of a budget agreement but has been significantly underused. Significant Amendments to Open Data Bill Expected League-opposed hot bill SB 1002 (Yee), which would have amended the California Public Records Act and require a specific data standard for our public records, was passed with amendments in the Assembly Appropriations Committee. The committee chair announced that the amendments would replace the bill's language with a requirement the state's chief information officer conduct a study on local governments and open data standards. League staff has not seen the amended language yet, but will analyze it as soon as it is available. Moving to the Floor HOT BJU~ ~ S8 1222 (lena) Solar Energy: Permits. Oppose. This bill was passed out of the Assembly Appropriations Committee with amendments and will head to the Assembly floor. This bill would place a cap on building permit fees on solar residential systems as well as require local agencies to provide a report to the California Energy Commission (CEC) no later than Dec. 1, 2013. The amendments taken in committee will increase the residential permitting cap from $400 to $500 as well as made other clarifying changes. The League's position letter is available on the League's website at )NVvw.cacWes.om&i!1.§§.?rch. by typing "SB 1222" into the search box. City officials are encouraged to send letters of opposition. NOT BILL -~ AB 1551 (Torres) Insurance: Public Safety Employees: Accidents. Oppose. This bill was passed out of the Senate Appropriations Committee and will head to the Senate floor. This bill would exempt certain public safety officers from a requirement to report accidents that occur in a personal vehicle to a personal insurance provider and instead report those accidents to the employer. This bill unnecessarily shifts the liability for automobile accidents from the employee to the employer. The League's position letter is available on the League's website at ~'2.9ities.o[9!12lJJ.?eau;:JJ.by typing "AB 1551" into the search box. City officials are encouraged to send letters of opposition immediately. 2 1 " Aug. 17, 2012 Issue #88 IN THIS ISSUE: Page 3: BBK to Host Free Municipal Bankruptcy Webinar on Aug. 22 Play Streets Program Offering City Funding Opportunity Page 4: Understanding Local Lobbying Regulations. Key Issues When Hiring CalPERS Retirees and More BOND INSURER SUES CALIFORNIA OVER REDEVELOPMENT AGENCY DISSOLUTION On Aug. 1, Bond insurer Syncora Guarantee filed a lawsuit (w\iV\iv.cacities.org/syncora) in the Sacramento County Superior Court claiming that the dissolution of California's 400 redevelopment agencies violates contractual rights and short-changes bondholders and insurers. For more, see Page 2. LEAGUE~OPPOSED FIREWORKS BILL FIZZLES S8 1468 (Calderon), which would have expanded fireworks sales to New Year's Eve, was held in suspense during yesterday's Assembly Appropriations Committee. The bill is not expected to move forward this session. For more, see Page 2. LEAGUE TO HOST FREE END OF SeSSION SIGNNETO WEBINAR With the Legislative session ending on Aug. 31, the League plans to host a free webinar on Thursday, Aug. 23 for members and partners to review the top priority bills for which cities should send signature or veto letters to Gov. Jerry Brown. For more, see Page 2. 'Lawsuit' Continued from Page 1... Thelaw$uit claims that the dissolution of redevelopment agencies violates existing contracts signed by redevelopment agencies, bond holders and Syncora Guarantee. The Department of Finance maintains that the California Supreme Court upheld the state's right to dissolve redevelopment and that existing bond obligations will be met. In July, Fitch Ratings revised ratings for tax allocation bond securities (TABs) issued by 36 former redevelopment agencies. For more please see "Fitch Completes Review of 62 California Redevelopment Agency Tax Allocations Bonds, Revises Ratings" at http://vV'ww.cacities,orqlToo/News/News-Article§/2Q.12/July/Fitch-Comoletes-Review-of-f22 California-Redevelopm. Syncora Guarantee and other bond insurers have also been closely following the municipal bankruptcy cases in San Bernardino, Stockton and Mammoth Lakes to see if bond obligations will be paid. The case number of Syncora Guarantee Inc. v. State of California is No. 34-2012-80001215. 'Fireworks' Continued from Page 1... The League opposed SB 1468 on the grounds that it was premature given that the Joint Legislative Committee on Emergency Management working group on fireworks has not yet completed its comprehensive package of fireworks reform bills geared at addressing the current unsustainable system of fireworks collection and disposal at the state and local level. The League and other stakeholders have been actively engaged with the committee. The League's opposition letter is available on the League's website at '!:['1If'1:L,yJ!~W:~Qi}J1J2llL§'~:£!:l by typing "SB 1468" into the search box. The League and other stakeholders will continue to meet during the interim to introduce recommended regulatory and statutory changes early next year. 'Webinar' Continued from Page 1... This will be the final opportunity for city officials to voice their support and opposition to their legislators on key bills. Webinar Details Thursday, Aug. 23 1 -2:30 p.m. Register online at wwvv.cacities.oI,g[§venj;§. The registration deadline is Tuesday, Aug. 21 by noon. One connection per city or League partner please. Webinar login information will be sent by the end of business on Wednesday, Aug. 22. For registration questions, please contact Megan Dunn at .rJJ.illJIJn@szpities,.g£g. For all other questions, please contact Meghan McKelvey at Dlnlgkelvev@s:acitiE;s.org. 2 BBK to Host Municipal Bankruptcy Webinar on League partner Best Best & Krieger (BBK) has announced it will host a free webinar on municipal bankruptcy, called "Understanding and Avoiding Municipal Bankruptcy: An Overview for Public Agencies." Webinar Details Wednesday, Aug. 22 10 -11:30 a.m. Register online at h11Q://j;Jl!Jy/M.!)Lv9w The webinar will provide an overview and discuss the following topics: ., Early warning signs; ., Bankruptcy avoidance; ., Eligibility and preparation for filing; ., AB 506 mediation process; ., Fiscal emergency and insolvency analysis; ., Alternative to bankruptcy; and ., The impact of the demise of redevelopment. Speakers include: (0 Franklin Adams, Partner at Best Best & Krieger LLP ., Seth Merewitz, Partner at Best Best & Krieger LLP ., Robert Tormey, Principal at XRoads Solution Group ., Jeff Truitt, Principal at XRoads Solution Group For questions, please contact Katey Lamke at lsB.lf?_'i:l'itJJJS&ffill2J2iQ'i'!:LS&rn or visit BBK's website at \Nvlfw.bbklaw.con1. Play Streets Program Offering City Funding Opportunity Proposals due by Aug. 29 The Partnership for a Healthier America (PHA) invites cities and towns across the nation to apply for $50,000 in funding to encourage and increase physical activity among kids and emphasize family and social cohesion as part of its Play Streets program. The Play Streets program gives cities the chance to close specific streets to traffic on a routine basis, making the space open to the community, inspiring physical interaction. It is a high-impact, low-cost approach for cities to support a healthy lifestyle and provide space in neighborhoods that often lack space for activity. The program can be successful by closing just a couple of blocks at a time or many miles of streets. The goals of PHA's Play Streets program are to: ., Establish a venue for children, families and communities to be physically active; ., Promote sustainable public/private partnerships that promote social change and efforts to support physical activity among children; " Encourage economic development by showcasing local businesses and other key partners; and ., Motivate and guide action by community leaders to strengthen communities and build social capital. Download the Request for Proposal to apply. e .httR:I/www.ahealthierarnerica.org/sitesLall/themes/gha/files/Play%20Streets%20 " %20Request%2Qfor%20Proposal.pdf. Submissions will only be accepted from mayoral or city council offices. 3 FAQs include the program details. Proposal Submitting Instructions Proposals are due no later than 9 a.m. on Aug. 29. Proposals can be submitted electronically to QlS10Ll2JI~~@§Lb§;.illtlJlQiC-2[!illr:i~g:QlJd, by fax to (202) 842-9060 or mail it to: The Partnership for a Healthier America 2001 L Street, NW Suite 750 Washington, DC 20036 For more information about PHA and the Play Streets program visit the PHA website http://wl/if'N.ahealthieramerica.org/#!Iplav-stre.§.1fi. Understanding local lobbying Regulations, Key Issues When Hiring CalPERS Retirees and More @ "Regulating Lobbying Activities" http:fLy\rVvw,1Y~§terncity-&om/Western-.9ity/A_L!gust 2012/Regulating-Lobbvi[l£l-Activities-P~It::J:of-llL- An overview of things to consider when adopting regulations for lobbying your agency. @ "What You Should Know About Hiring CalPERS Retirees" bJ1Q :/Iwww.westerncity.com/Western-City)August-2012/What-You-Should-Know-About Hiring-CaIPERS-Retirees/ - The Public Employees' Retirement Law generally prohibits CalPERS employers from hiring retirees unless they are first reinstated from retirement. Learn more about this law, the exceptions to it and the penalties for violating it. o "Annual Conference Preview" http://www.westerncity.com/Western-·CitY{6119lJst~ 2012/Annual-Con!erence-PreyieV\g - Join more than 1,200 city officials and staff at the League's largest professional development and networking event of the year. The conference offers upward of 40 educational sessions providing attendees with opportunities to share and gain practical, valuable knowledge to enrich and strengthen their local communities. 4 20,2012 Issue #89 UPDATES MOODY'S REPORT ON CALIFORNIA .CITIES' FISCAL VULNERABILITY ISSUED Promises to Review and Report on All Rated Municipal Debt Issues in Next Six Weeks Moody's Investor Services issued a report on Aug. 17 entitled, "Why Some California Cities Are Choosi ng Bankruptcy," (t1jJJ2J!~y.'!:Lf.§S;ltL~~.$_02r:9!13§c.~~IdE~£?:: Documents/News/News[£Q..t'f/Aldilld~!LI\IIOQ~:t't:§.::.8fmQrt:\[\fD.Y::2'pfO§-Caiifornia-C ities-At~f2::: 9hoo.aspx) that examines the growing fiscal pressure on California cities that have prompted four cities (out of 482) to seek Chapter 9 federal bankruptcy protection recently - three in the last few months. For more, see Page 2. BILLS IN COMMITTEE AND ON THE FLOOR: AUG. 20 - 24 With only 10 working days until the end of the session, many of the bills the League has been tracking in committees this year are on the Senate or Assembly floor awaiting action. The Senate convened at 12 p.m. today, while the Assembly will meet at 2:30 p.m. For more, see Page 2. CITIES ENCOURAGED REVIEW AND COMMENT ON HCD DRAFT HOUSING ELEMENT GUIDANCE Last week, the Department of Housing and Community Development (HCD) released its Draft Housing Element Update Guidance (httR:I/www.hcd.ca.gov/hpd/aug17puQ.li9 draft.pdf) and is now soliciting public comment. The comment period will be open until Sept. 17. For more, see Page 2. 'Moody's' Continued from Page 1... The report accurately assesses the growing fiscal pressures on cities due to the recession that have caused property values and property and sales taxes to plummet in many cities. The report also accurately analyzes ttle revenue raising restrictions placed on cities by Proposition 13 and the fact that once affordable employee benefits now are unsustainable in the current fiscal environment. Two aspects of the report seem premised on incorrect information or conclusions, however, and will be of particular interest to city officials. First, Moody's incorrectly concludes that cities in California are less vulnerable to state spending reductions than other local governments. I'laving just sustained the devastating diversion by the state of $130 million in local vehicle license fee revenues and the senseless abolition of the $5 billion local redevelopment program that generated $2 billion annually in state and local tax revenues, it is hard to see how California cities have been spared from suffering the slings and arrows of the state's reductions. Later in the report, however, Moody's acknowledges this when it writes: "in fact, since the state has had its own severe fiscal challenges, in recent years it has more likely exacerbated local governments' fiscal stress by borrowing and shifting money from local governments." Secondly, the suggestion that greater state oversight of local finances may be called for when California state government has operated with a chronic budget deficit of its own for many years and the Pew Center on the States has reported it has had the nation's worst credit rating over the past 11 years is more than iiOnic. Despite crushing financial conditions, the vast majority of California cities have maintained a very strong commitment to honoring their financial obligations by making tough spending cuts, raising local taxes and fees when possible, and partnering with employees and residents to avoid even deeper service cuts. The report indicates Moody's rates debt issues for about 20 percent of the state's 482 cities and closes by saying: "We expect to be reviewing data for all California cities (whose debt Moody's rates) in the coming weeks and in depth reviews of stressed cities in the month of September. The results of these reviews will be communicated as they progress and any rating or outlook changes will be announced at that time." 'Bills in Committee' Continued from Page 1... City officials should continue to watch for action alerts on priority bills. Additionally, if last year's end of session activity is any indication of what can be expected this year, city officials should also be on alert for "gut and amends" in the coming weeks. The League will report on any such actions as they occur. Floor sessions and most legislative hearings are available for online video or audio monitoring via the Cal Channel (www.calchannel.com), the Senate (www.senat§l.ca.gov) and the Assembly (vv\fI.f\N.assembly.ca.gov) websites. A full listing of all Senate and Assembly hearings is also available online at http://www.leginfo.ca.gov/davfile.html. Hearing times are subject to change. Monday, Aug. 20 Bills on third reading can be taken up at any time. Bills on second reading could still be amended and either taken up on the floor or referred back to a legislative policy committee. On the Assembly Floor Second Reading File: ACA 23 (Perea) Local Government Transportation Projects: Special Taxes: Voter Approval. League position: Support. S8 234 (Hancock) Goods Movement Emission Reduction Program. League position: Support. SB 878 (DeSaulnier) Office of Transportation Inspector General. League position: Concerns. SB 1303 (Simitian) Vehicles: Automated Traffic Enforcement Systems. League position: Neutral. SB 1162 (Runner) Animal Control: Tranquilizers. League position: Support. 2 SB 1002 (Yee) Public Records: Electronic Format. League position: Oppose. Last week, SB 1002 was amended in the Assembly Appropriations Committee. The committee chair announced that the amendments would replace the bill's language with a requirement the state's chief information officer conduct a study on local governments and open data standards. League staff has not seen the amended language yet, but will analyze it as soon as it is available and determine if the League's position will change. SB 1207 (Fuller) Califomia Alternate Rates for Energy Program. League position: Support. 1268 (Pavley) Energy: Energy Conservation Assistance. League position: Support. SB 1278 (Wolk) Planning and Zoning: Flood Protection: Sacramento-San Joaquin Valley. League position: Support. Third Reading File: SB 1024 (Committee on Budget and Fiscal Review) Community Redevelopment. League position: Oppose Unless Amended. This bill is a former bUdget trailer bill and is identical to AB 1484, the redevelopment trailer bill. It is not anticipated that this bill will move forward. SB 1003 (Yee) Local Government: Open Meetings: Cease and Desist Letters. League position: Neutral. SB 954 (Liu) Controller: Offset Payments. League position: Support. SB 965 (Wright) State Water Resources Control Boards: Ex Parte Communications. League position: Support. SB 1Cl87 (Walters) Organized Camps. League position: Neutral. SB 1219 (Walk) Recycling: Plastic Bags. League position: Support. SB 1387 (Emmerson) Metal Theft. League position: Support. SB 192 (Committee on Governance and Finance) Validations. League position: Oppose Unless Amended. SB 1090 (Committee on Governance and Finance) Local Government: Omnibus Bill. League position: Support. On the Senate Floor Second Reading File: AB 2389 (Lowenthal) Contractor Disclosure Requirements. League position: Oppose. AB 41 (Hill) High-Speed Rail Authority: Conflicts of Interest: Disqualification. League position: Support. AB 808 (Skinner) Workers' Compensation: Hospital Employers: Presumption. League position: Oppose. HOT BILL - AB 1551 (Torres) Insurance: Public Safety Employees: Accidents. League position: Oppose. AS 1687 (Fong) Workers' Compensation. League position: Oppose. Third Reading File: AS 2451 (Perez) Workers' Compensation: Firefighters. League position: Oppose. AB 2274 (Lara) Vexatious Litigants. League position: Support. AB 542 (Allen) Land Use: Housing Element: Regional Housing Need. League position: Oppose Unless Amended. AS 2246 (Perez) Public Health: Food Access. League position: Support. AS 2366 (Eng) Vehicles: Equipment Violations: Parking Control Officers. League position: Support. AS 1672 (Torres) Housing-Related Parks Program. League position: Support. AS 2031 (Fuentes) Probation: Community Corrections Program. League position: Oppose. Wednesday, Aug. 22 Assembly Local Government, State Capitol, Room 447, upon adjournment of session: SB 214 (Wolk) Infrastructure Financing Districts: Voter Approval: Repeal. League position: Support. 3 'HCD' Continued from Page 1... The League was active in meeting with HCD to help draft the guidance. Although not every aspect of the plan reflects the League's suggestions, it will likely help streamline the housing element review process. The updated guidance includes a "completeness checklist" to help local government ensure they are not missing statutory requirements before their submission to HCD. The streamlined review process will be available to communities that obtained HCD-certified housing elements in the last cycle and completed basic program implementation. City officials are encouraged to review the update guidance (JJ1~0:.."!Y:!:!'.~lJ~~£L@gQ'4~t!Jlc;jL§:ELCl... ll~.J2.illJ.l!£.Jlf§!il.QQ1: ) and submit comments. Please submit comments to cah@[email protected]."gQ~. Please also send a copy of your comments to Kirstin Kolpitcke at kkolpitcJS<~1@£§_citie§J2rq. 4 11.1 Aug. 22, 2012 Issue #90 UPDATES AMENDED BILL EXPANDING PUBLIC SAFETY DEATH BENEFITS STILL IMPOSES NEW COSTS ON PUBLIC EMPLOYERS League Urges Cities to Send Opposition Letters to Senators on AB 2451 Amendments taken to AB 2451 (Perez) on Monday do not adequately address concerns over the new costs this bill would impose on public employers at a time when public agencies can least afford them. Consequently, the League remains opposed. AS 2451 is on third Senate reading and may be heard this week. For more, see Page 2. LEAGUE REMOVES OPPOSITION ON BILL AMENDING PUBLIC RECORDS ACT Amendments Require State CIO to Conduct Feasibility Study of New Electronic Records Format The League has removed its opposition and taken a neutral position on SB 1002 (Yee) after it was amended on Monday, Aug. 20. The bill would now require the state Chief Information Officer (CIO) to conduct a study to determine the feasibility of providing electronic records in an open format. The League is committed to working with the Legislature and the state CIO to discuss what types of records are appropriate to be provided in an open format, develop a definition of open format, and determine whether a statutory change in this area is even necessary. For more, see Page 2. REMINDER FOR CITIES: FRONTLINE POLICE GRANTS STILL PENDING, SUBJECT TO TRIGGER CUTS Cities wondering about the status of the frontline city police department grants totaling $20 million in Gov. Jerry Brown's final FY 2012-13 Budget will not have an answer until later in the year when the fate of the Governor's temporary tax increase ballot measure is determined by California's voters. The grants are included in the list of trigger cuts that will go into effect should the Governor's tax measure fail passage. For more, see Page 2. 'AS 2451' Continued from Page 1... This bill continues to provide an increased benefit for public safety employees at a time when public agencies can least afford them. Instead of eliminating the statute of limitations on death benefits, the bill now extends the current timeframe for cancer, tuberculosis, and MRSA from 240 weeks to 480 weeks. Essentially, the bill doubles the timeframe to file a death benefit claim for these specific presumptive injuries. AB 2451 extends the statute of limitations for a presumptive death benefit claim filed on behalf of firefighters or peace officers at a fiscal consequence to public agencies. This bill would extend the statute of limitations from four and a half years to just over nine years on work-related death benefits for public safety employees who die of cancer, tuberculosis, or MRSA, which are presumed by law to be job-related. It is likely that employers would see an increase in cost for death benefits for injuries that may not be job related. Because these are presumptive injuries it would be nearly impossible for the employer to refute the claim. At a time when all levels of governments are struggling to maintain public safety and other vital services, AB 2451 will further stress already tight budgets. It is unclear just how much the bill will increase public agencies' costs with these new amendments, but by doubling the statute of limitations we are certain to see some kind of a cost increase. This bill erodes the original intent of the Workers' Compensation Act and subsequent reforms to the system enacted in 2004 that were designed to provide fair and timely benefits to injured employees at a reasonable cost to employers. Public safety employees' beneficiaries are already compensated in a fair and timely manner. Take Action Now City officials are urged to contact their senator immediately to express opposition on AB 2451. A sample letter can be found on the League's website at 1Y\lLYY~£i0.Ql1ies.Qrg/billsearch. by typing "AB 2451" into the search box. '5B 1002' Continued from Page 1... The League took an oppose position on the previous versions of SB 1002, which would have unnecessarily amended the California Public Records Act (PRA) and imposed a new mandate on public agencies to place agendas in an open format online. Current law already contemplates changes in technology. The PRA is intended to apply to every conceivable kind of record that is involved in the governmental process and pertains to any new form of record keeping instrument as it is developed (Braun v. City of Taft (1984)154 Cal.App. 3d 332). As previously drafted, S8 1002 was inconsistent with the purpose of the PRA and its jurisprudence to limit disclosure requirements to particular media or formats. The formats in which public records are stored are constantly evolving and the current definition of public record anticipates and intentionally accommodates for this kind of change and movement. The League hopes that any future open data efforts are accomplished through collaboration between local and state leaders, open data experts, and private industry. This sort of collaboration can be very positive and may reach the overall goals of SB 1002 without legislative change. Several cities across the country have adopted their own open data initiatives. Most notably in California are the cities of San Francisco and Palo Alto. It is efforts like these that become models for change elsewhere and the need for statutory changes becomes less clear. The Obama administration's Open Government Directive to increase transparency within federal agencies is a good example. In addition to encouraging federal agencies to place data sets online through a policy directive the Obama administration is also reaching out to cities across the country to educate, build relationships, and collaborate on the idea of making more government information in the form of data sets available online. The federal government has even developed an open data portal, Cities.data.gov, for cities to make their data sets available online. The League will continue to update city officials about our discussions with the Legislature and the state CIO on what types of records are appropriate to be provided in an open format, develop a definition of open format, and determine whether a statutory change in this area is even 2 necessary. It may be that current local and federal efforts are the best approach to increasing awareness and use of open data. Moving forward, it is vital that a larger policy discussion precede any legislative change and involve local and state leaders, technologists, and private industry. 'Grants' Continued from Page 1... League staff is working to determine what details, if any, are available at this time regarding eligibility, distribution formulas, and any potential special conditions for cities to receive the grants. The only details provided in the budget trailer bill (AB 1497) stated that the grant formula is to be determined by the Board of State and Community Corrections ([lttp://www.bscc.cj1gov) in collaboration with the Department of Finance for a total of $20 million for city police departments statewide. Representatives from Gov. Brown's administration gave verbal confirmation that the grants are non-competitive and will be made available for three years through FY 2014-15, for a total of $60 million. The appropriation was made to help cities through the economic downturn in order to maintain their local police force. The administration offered that crime statistics may be part of the distribution formula but those details have not been confirmed. The opportunity for the frontline police grants came to light in the Governor's May Revise but were later made subject to the trigger cuts. The new frontline police grant money is separate from the Citizens' Option for Public Safety (COPS) program that was fully funded along with other long-standing state public safety subvention grants. As cities may recall, last year under SB 89/AB 118, the historical city shares of the Vehicle License Fee revenue was swept from city general funds to instead fund the state public safety subvention grants. 3 Aug. 24, 2012 Issue #91 IN THIS ISSUE: Page 3: 58214 Passed in Assembly Local Government Committee Page 4: Cal EMA Launches Monthly Office of Grants Newsletter Jurupa Valley: The Last City in California? SB 1186 ADDRESSING ADA LAWSUITS EXPECTED TO MOVE QUICKLY THROUGH THE LEGISLATURE For the better part of a year, the League has been involved in a working group assembled to address issues surrounding the abuse of ADA lawsuits. SB 1186 (Steinberg), the vehicle for these solutions, will most likely be amended today and heard in the Assembly Judiciary Committee on Tuesday or Wednesday next week. If it passes out of the Assembly Judiciary Committee, it will next be heard in the Senate Judiciary Committee by Thursday before it is put up for a vote on the floor of the both the Senate and Assembly by Friday. For more, see Page 2. BIG WIN ON AB 1551 ACCIDENT LIABILITY BILL, AB 2451 DEATH BENEFITS BILL MOVES TO ASSEMBLY It was a big win for cities Thursday when League-opposed hot bill AB 1551 (Torres) was amended to address an unrelated housing issue. While AB 2451 (Perez) another priority bill is still moving after being passed in the Senate this week. For more, see Page 2. RFP RELEASED FOR CITY GANG INTERVENTION, REDUCTION AND PREVENTION (CALGRIP) GRANTS The Board of State and Community Corrections (BSCC) released the FY 2012-14 RFP for the state CalGRIP grants. Applications are now available online (http://www.bscc.ca.gov/board/announcements/fundinq-opportunit\i) and are due in early October. These are competitive two-year grants awarded to cities to enhance gang intervention, reduction, and prevention efforts in local communities. The FY 2012-14 funding formula and eligibility requirements are the same as they have been in the prior grant cycle and emphasize evidence based, regional approaches. For more, see Page 2. '56 1186' Continued from Page 1... While the League participated in the working group, tr1e language in SB 1186 does not necessarily reflect the League's suggestions or views. SB 1186 attempts to limit the egregious examples of lawsuit abuses, while increasing education and compliance with ADA laws. A link to the bill's summary can be found on the League's website at YY::Ly.'!:f.:Q2£JjjQ§J"lliJL~2[~~[1m§0L. The bill contains provisions to: .. Reduce statutory damages and litigation protections for defendants who correct violations; .. Prevent stacking of multiple claims to increase statutory damages; .. Ban demands for money; .. Require specificity for demand letters and complaints; .. Have the State Bar review demand letters and authorize attorney discipline for a violation in demand letters; . .. Allow mandatory evaluation conferences; .. Require notice to property tenants of the building's Certified Access Specialist program (CASp) status; " Have the California Commission of Disability Access receive copies of complaints in order post data on the top ten types of violations; .. Require the Commission to make education a top priority; " Require local governments to disseminate information on disability access on business license applications or renewals; and .. Require local governments to collect $1 on business licenses and renewals to support the CASp program. The provision that most directly impacts local governments is the collection of a $1 fee for business licenses. The fee would be a 70/30 split, with 70 percent staying with the local jurisdiction and 30 percent being sent to the state. The purpose of the free collection is to assist local jurisdictions in strengthening the CASp program. Jurisdictions would be required to send the state's share of the money quarterly and report to the Legislature on how the money was spent annually. Finally, there is a requirement that cities give information, specified in statute, to business license applicants or requests for renewals. The collection of the $1 is considered a fee and not a tax. The bill is keyed as a two-thirds vote; because it contains an urgency clause. While the League does not have a position on the bill yet, the overall policy and goal to reduce the incidences of lawsuit abuse and increase the education and compliance of businesses is laudable. 'Bills' Continued from Page 1... AB 1551 AB 1551 would have shifted the liability for accidents occurring in a public safety officer's personal vehicle from a personal insurance provider to the employer's insurance provider. In addition to unnecessarily increasing employer's costs, the League was also opposed to the bill for several other reasons: .. The Internal Revenue Service established mileage reimbursement rates already cover the "fixed costs" of automobile operation including depreciation, lease payments, registration, license fees, personal property taxes and insurance; .. Many local jurisdictions have already adopted policies and memoranda of understanding to address liability for accidents involving personal vehicles; and .. The bill does not release an employer from liability if an employee is driving negligently. 2 The League's opposition letter is available on the League's website at 'i~0J.~:;Cill2lli~2J2Lg,iQl!.[§2~JJ. by typing "AB 1551" into the search box. However, with these new amendments, the League is no longer opposed to AS 1551. The League would like to thank city officials who sent opposition letters on this bill. AS 2451 Despite recent amendments to AB 2451 which narrowed the scope of the bill, the League remains opposed to the bill because it would burden public employers with new costs. This bill continues to provide an increased benefit to public safety employees at a time when public agencies can least afford them. Instead of eliminating the statute of limitation on death benefits, the bill now extends the current timeframe for cancer, tuberculosis, and MRSA from 240 weeks to 480 weeks. Essentially, the bill doubles the timeframe to file a death benefit claim for these specific presumptive injuries. At a time when all levels of government are struggling to maintain public safety and other vital services, AB 2451 will further stress already tight budgets. It is unclear just how much the bill will increase public agencies' costs with these new amendments, but by doubling the statute of limitations we are certain to see some kind of cost increase. AB 2451 was voted off the Senate Floor and now heads to the Assembly for a vote on the recent amendments. It is anticipated that the Assembly will adopt the amendments and send the bill to Gov. Jerry Brown's desk. City officials are urged to submit request for veto letters directly to the Governor at this time. The League's opposition letter and a sample request for veto letter are available on the League's website at www.cacities.orq/billsearch by typing "AS 2451" into the search box. 'RFP' Continued from Page 1... Only California cities are eligible and while Community-Based Organizations (CBO) cannot apply themselves, the state budget requires cities to distribute at least 20 percent of the grant funds received to one or more CBOs. Please visit the BSCC website (http://www.bscc.ca.gov/board) for more details and staff contact information for questions. S8 214 Passed in Assembly Local Government Committee This week, SB 214 (Walk) was passed in the Assembly Local Government Committee. The bill seeks to make changes to the existing Infrastructure Financing Districts Law, which has been underutilized due to complicated requirements. The bill is now headed to the Assembly floor and is expected to be voted on next week. SB 214 removes the existing vote thresholds, authorizes rehabilitation and maintenance, and makes numerous other changes focused on making the tool more flexible. The author amended the bill to incorporate many amendments proposed by the League designed to make the bill more workable. The Assembly Local Government Committee analysis of SB 214 is available online at http://ct2k?.caQitoltr~Qm/8il!s/sen/.,'?lLO~01- 0250/sb 214 efa :?0120821 112945 asm comm.html. The League's letter of support is available on the League's website at www.caeities.org£QjJJ§eCilch by typing "SB 214" into the search box. 3 Cal EMA Launches Monthly Office of Grants Newsletter The California Emergency Management Agency (CaIEMA) has launched a new Office of Grants Management newsletter featuring updates on current programs, success stories, highlights, upcoming events and funding opportunities. Under the related links section of the newsletter, readers can also search a comprehensive list of current grant opportunities b1tQJL~~,f;.mEtI@J~~rJ1jill£Il!l~1Eflill"§j.J:~.~l'8li::QdlTIlli1: The newsletter can be accessed on CaIEMA's website at r.J1t;J.;II\JIJ\II/w.calema.ca.gov/PublicSafet:tandVictimServices/Pages/OGM-~~ewsletter.asJ22S.. Jurupa Valley: The Last City in California? In an 11 th-hour maneuver to balance its own books, the state eliminated the singularly most important source of revenue to newly incorporated cities, the vehicle license fee (VLF). Read this article (http://vvlJl/'vv. westerncity.com/VVestern-CitylAugust-20121Jurupa-Valley-The-Last-City-in California) by Jurupa Valley City Manager Stephen Harding about the effects the VLF sweep has had on the state's newest incorporated city. 4 Aug. 27, 2012 Issue #92 UPDATES BILLS ON THE FLOOR: AUG. 27-31 This is the last week of the Legislative session and many of the bills the League has been tracking in committees this year are on the Senate or Assembly floor awaiting action. The Senate convened at 12 p.m. today, while the Assembly met at 1 p.m. For more, see Page 2. GUT AND AMEND REPORT: MONDAY, AUG. 27 The last week of session is typically filled with last minute gut and amends. This year is no different. The following bills are still being analyzed by League staff for potential impacts to cities. Over the next days and hours some of these bills may gather momentum and move forward, others may stall given reaction by various interest groups and legislators. The League will take positions on bills that have major impacts on cities. City officials should watch for action alerts in the next few days on priority issues. For more, see Page 2. 'Bills on the Floor' Continued from Page 1... City officials should continue to watch for action alerts on priority bills. As the final days of the session wrap up, the League will report on any last minute "gut and amends" as well. Also this week, the Conference Committee on Public Employee Pension is scheduled to release its pension reform proposal. The committee is scheduled to meet Tuesday. Floor sessions and most legislative hearings are available for online video or audio monitoring via the Cal Channel (www.calchanneLcom), the Senate (www.senate,ca.gov) and the Assembly (www.assembly.ca.gov) websites. A full listing of all Senate and Assembly hearings is also available online at http://www.leginfo.ca.gov/dayfile.htf!lJ. Hearing times are subject to change. Monday. Aug. 27 Bills on third reading can be taken up at any time. Bills on second reading could still be amended and either taken up on the floor or referred back to a legislative policy committee. On the Assembly Floor Senate Third Reading File: SB 1024 (Committee on Budget and Fiscal Review) Community Redevelopment. League position: Oppose Unless Amended. This bill is a former budget trailer bill and is identical to AB 1484, the redevelopment trailer bill. It is not anticipated that this bill will move forward. SB 965 (Wright) State Water Resources Control Board and California Regional Water Quality Control Boards. League position: Support. SB 1087 (Walters) Organized Camps. League position: Neutral. SB 1387 (Emmerson) Metal Theft. League position: Support. SB 234 (Hancock) Goods Movement Emission Reduction Program. League position: Support. SB 843 (Wolk) Energy: Electrical Corporations: City of Davis PVUSA Solar Facility: Community Based Renewable Energy SelfGGeneration Program. League position: Support. SB 1002 (Yee) Public Records: Electronic Format. League position: Neutral. SB 1207 (Fuller) California Alternate Rates for Energy Program. League position: Support. SB 1156 (Steinberg) Sustainable Communities Investment Authority. League position: Oppose Unless Amended. SB 1162 (Runner) Animal Control: Tranquilizers. League position: Support. SB 1222 (Leno) Solar Energy: Permits. League position: Oppose. SB 214 (Wolk) Infrastructure Financing Districts: Voter Approval: Repeal. League position: Support. Concurrence in Senate Amendments: AB 801 (Swanson) Illegal Dumping Enforcement Officers and Code Enforcement Officers. League position: Neutral. AB 1672 (Torres) Housing-Related Parks Program. League position: Support. AB 685 (Eng) State Water Policy. League position: Oppose Unless Amended. AB 2389 (Lowenthal) Contractor Disclosure Requirements. League position: Oppose. AB 2451 (Perez) Workers' Compensation: Firefighters. League position: Oppose. AB 2515 (Hall) Indian Gaming: local Agencies. League position: Support. On the Senate Floor Second Reading File: AB 542 (Allen) Land Use: Housing Element. League position: Removal of Opposition. Opposition Removed based upon Aug. 24 amendments. AB 2031 (Fuentes) Probation: Community Corrections Program. League position: Oppose. AS 890 (Olsen) Environment: CEQA Exemption: Roadway Improvement. League position: Support. 2 Third Reading File: AB 41 (Hill) High-Speed Rail Authority: Conflicts of Interest: Disqualification. League position: Support. SB 808 (Skinner) Workers' Compensation: Hospital Employers: Presumption. League position: Oppose. AB 1687 (Fong) Workers' Compensation. League position: Oppose. AB 781 (Perez) Local Government: Counties: Unincorporated Areas. League position: Oppose. AB 1203 (Mendoza) Public School Employee Organizations: Unelected Members: Paid Leaves of Absence. League position: Oppose. Unfinished Business: SB 1090 (Committee on Governance and Finance) Local Government: Omnibus Bill. League position: Support. SB 1268 (Pavley) Energy: Energy Conservation Assistance. League position: Support. SB 1303 (Simitian) Vehicles: Automated Traffic Enforcement Systems. League position: Neutral. 'Gut and Amend' Continued from Page 1... Administrative Services SB 1528 (Steinberg) Medical Services: Damages. (As Amended Aug. 24 http://ct2k2.capitoltrack.com/BiIIs/sen/sb 150"\- 1550/sb 1528 bill :>0120824 amended 8sm v95.htmi) League position: Pending. This bill provides that an injured person whose health care is provided through a public or private capitated health care service plan including Medi-Cal is entitled to recover as damages the "reasonable and necessary value" of medical services. Community Services AB 2592 (Williams) County Free Public Libraries: Withdrawal: Use of Private Contractors. (As Amended Aug. 24 http://ct2k2.capitoitrack.com/Bills/asm/ab 2551- 2600/ab 2592 bill 20120824 amended sen v96.html) League position: Oppose. This bill is a follow up to last year's AB 438 (Williams). The bill states that any city that withdrew from a county free library system, for which withdrawal became effective on or after Jan. 1,2012 has to comply with AB 438's requirements. Environmental quality AB 1235 (Hernandez) Energy: Energy Efficiency. (As amended Aug. 24 !1ttp://ct2k2.capitoltrack.com/Bills/asm/ab 1201- 1250/ab 1235 bill 20120824 amended sen v94.html) League position: Seeking Comments. This bill requires an electrical company to replace low-efficiency light bulbs with high-efficiency light bulbs at the same rate that cities and counties replace light bulbs on publicly-owned streetlights. Electrical companies would not be required to replace more than 100 light bulbs. The cost would be covered by unspecified existing collection mechanisms. Also requires the electrical company to post information on its cost-efficient energy efficiency programs and energy efficiency targets. The author has indicated that the bill fixes a problem where cities want to make streetlights more efficient, but because they do not own all the light poles, they are unable to replace the lights. AB 2529 (Wiekowski) California Global Warming Solutions Act of 2006: Electric Corporations. (As Amended Aug. 24 http://ct21<2.capitoltrack.com/Bills/asm/ab ?501- 2550/ab 2529 bill 201 ?0824 amended sen v94.html) League position: Pending. This bill is a clean-up bill to the Budget Resources Trailer Bill AS 1018 and clarifies that funding from Cap and Trade auctions going to IGUs intended to offset rate payers costs would go back to all rate payers, including local governments. SB 568 (Lowenthal) Recycling: Polystyrene Food Containers. (As Amended Aug. 24 http://ct21<2.capitoltrack.com/Bills/sen/sb 0551- 3 Q2!QQi§!2J2g2SLM_2Q1;fill~~[LE2nQSKLJ:!§rrLJ&1J:!!ml) League position: Concerns. This bill establishes a statewide ban on polystyrene food containers. Recent amendments would give cities the option to offer a i-year exemption to the ban for small businesses in their community. A8 1634 (Chesbro) Solid Waste: large=Quantity Commercial Organics Generators. (As Amended Aug. 24 http://ct2k2.capitoltrack.com/Billsiasm/ab 1601- 1650/ab 1634 bill 20120824 amended sen v95.html) League position: Watch. This bill mandates commercial recycling for large generators of organic materials. Employee Relations S8 863 (De leon) Workers' Compensation. (As Amended Aug. 24 httg://ct2k2.capitoltrack.com/Bills/sen/sb.0851: 0900/sb 863 bill 20120824 amended asm y95.html) League position: Seeking Comment. This bill incorporates major workers' compensation reforms. This package of reforms is intended to provide an estimated $700 million dollar permanent disability increase to be phased in over two years, but to offset this cost increase by implementing other important reforms in the system. A summary of SB 863 has been posted to the League's website at www.cacities.org/SB863summary. Also, the cost analysis from the Workers' Compensation Insurance Rating Bureau (WCIRB) is available online at http://www.dir.ca.gov/DIRNews/?012/WCIRBData?012.pdf. AB 2298 (Solorio) Insurance: Public Safety Employees: Accidents. (As amended Aug. 24: http://ct2k2.capitoltrack.com/Bilis/asm/ab /251- 2300/ab 2298 bill 20120824 amended sen v93.html) League position: Oppose. This bill is nearly identical to AB 1551 (Torres) which was amended into a housing bill last week. As amended, AB 2298 would exempt certain public safety officers from a requirement to report accidents that occur in a personal vehicle to a personal insurance provider and instead report those accidents to the employer. This bill unnecessarily shifts the liability for automobile accidents from the employee to the employer. Housing SB 912 (lieu) Contractors: Fire Safety: State Fire Marshall. (As Amended Aug. 24 http://ct2k2.capitoltrack.com/Bills/sen/sb 0901. 0950/sb 912 bill 20120824 amended asm v96.html) League position: Oppose. This bill provides the State Fire Marshall with the authority to adopt and administer the regulations and building standards, for all occupancy buildings, that it deems necessary to ensure fire safety in buildings and structures. The bill would also authorize the installation of a fire protection system for new construction of single-family or two-family dwellings to be performed by a contractor holding a fire protection contractor classification, a general building contractor, or a plumbing contractor. Public Safety AB 2225 (Perea) Courts: Video Trial Pilot Program: Infractions. (As Amended Aug. 23 http://ct2k2.capitoltrack.com/Billsfasmiab ?201 ~ 2250/ab 2225 bill 20120823 amended sen v96.html) League position: Watch. This bill would establish a pilot program in Fresno County to allow court proceedings for vehicle code infractions or truancy charges be conducted over two-way video feed in light of continued court facility closures and reduced hours of operation. This bill will not be moved this year but will be reintroduced for the 2013-14 Session. SB 1040 (Negrete Mcleod) Fire Prevention: Fees. (As Amended Aug. 24 http://ct2k2.capitoltrack.com/Bills/sen/sb 1001 ~ 1050/sb 1040 bill 20120824 amended 8sm v~7.html) League position: Watch. This bill would repeal the $150 rural fire prevention fee imposed on private and unimproved lands within CALFIRE state responsibility areas. This issue is linked to AS 1500 (Perez) Corporation Taxes: Apportionment: Single Sales Factor: Middle Class Scholarship Fund. Transportation 4 SB 1027 (Committee on Budget and Fisca.1 Review) Federal Transportation Funds: Allocation. (As amended Aug. 24httR:l/ct2k2.capitoltrqck,com/Biljs/sen/5b 1001 ~ 1050/sb '1027 bill 20120824 amended 85m v97,html.) League position: Watch. This bill contains implementing language for specified sections of MAP-21 (new federal transportation authorization) as they relate to bridge funding, Safe Routes to School, regional transportation agency funding, and air quality improvement programs. The author has indicated that the bill is for discussion purposes only, as much of the work will be done over the legislative break. However, as with any bill in print, there is a chance that it could be taken up this week. Revenue and Taxation AB 2515 (Hall) Tribal Gaming. Special Distribution Fund. (As Amended Aug. 21 http://ct2k2.capitoltrack.com/Bills/asm/ab 2501 ~ 2550/ab 2515 bill 20'120821 amended sen v97.html) League Position: Support. This bill would appropriate $9.1 million from the tribal gaming Special Distribution Fund in mitigation grants to local governments with adjacent jurisdictions to tribal-owned casinos for public safety and infrastructure services. 5 Aug. 28, 2012 Issue #93 UPDATES GOVERNOR AND DEMOCRATS COME TO PENSION REFORM AGREEMENT, CONFERENCE COMMITTEE EXPECTED TO MEET LATER TODAY League Will Analyze Proposal Once Bill Language is Released Earlier today Gov. Jerry Brown held a news conference in Los Angeles to announce that he and legislative Democrats had reached an agreement on pension reform. His office simultaneously issued a news release (http://dI5.activatedirect.com/fs/distribution:wl/ze7pzanwmhlzgtl10thpviv1 zhxm ao/daid/i Ot[2wlg96 zgsjk? c=d%7Cze7pzanwmhlzgt%lCi Oti2wlg96zgsjk& ce=i3461S9447.65f86f3c5d793db73efO e6b96ci gecOCi ) outlining the proposals components, through actual language has yet to be released. For more, see Page 2. UPDATED GUT AND AMEND REPORT: TUESDAY, AUG. 28 On Monday, Aug. 27, the League reported on a number of gut and amend bills hUg:/IWWIJI/. cadties.orglTop/News/News-Articles/20121AugustiGut-a nd-Amend-Report-Monda~ Aug-27 being analyzed by League staff for potential impacts to cities. Since then the following updates have occurred. For more, see Page 3. 'Pension' Continued from Page 1... The Conference Committee on Public Employee Pensions is supposed to meet sometime later today but issued its report (http://aper.assembly.ca.gov/sites/aper.assembly.ca.govlfiles/CC%20Summary%20Report.pdf) this afternoon in advance of the hearing. Once language is available, League staff will thoroughly analyze it prior to a meeting of the League board of directors on Thursday. The League will provide a comparison of the proposal to the League 2011 Pension Reform Plan (ww\I\I.cacities.orq/2011 PensionReformPlao) approved by the board of directors in July 2011 as well as how the proposal would affect current and future employees. The agreement appears to contain many of the provisions of the Governor's 12 Point Pension Reform Plan (http://gov.ca.gov/news.Rhp?id=17296) released last October. The following was included in today's news release from Gov. Brown's office: Public Employee Pension Reform Act of 2012 Caps Pensionable Salaries • Caps pensionable salaries at the Social Security contribution and wage base of $110,100 (or 120 percent of that amount for employees not covered by Social Security). Establishes Equal Sharing of Pension Costs as the Standard • California state employees are leading the way and are paying for at least 50 percent of normal costs of their pension benefits. Requires new employees to contribute at least half of normal costs, and sets a similar target for current employees, subject to bargaining. '" Eliminates current restrictions that impede local employers from having their employees help pay for pension liabilities. '" Permits employers to develop plans that are lower cost and lower risk if certified by the system's actuary and approved by the legislature. '" Provides additional authority to local employers to require employees to pay for a greater share of pension costs through impasse proceedings if they are unsuccessful in achieving the goal of 50-50 cost sharing in 5 years. • Directs state savings from cost sharing toward additional payments to reduce the state's unfunded liability. Unilaterally Rolls Back Retirement Ages and Formulas • Increases retirement ages by two years or more for all new public employees. .. Rolls back the unsustainable retirement benefit increases granted in 1999 and reduces the benefits below the levels in effect for decades. .. Eliminates all 3 percent formulas going forward. .. For local miscellaneous employees: 2.5 percent at 55 changes to 2 percent at 62; with a maximum of 2.5 percent at 67. .. For local fire and police employees: 3 percent at 50 changes to 2.7 percent at 57. • Establishes consistent formulas for all new employees going forward. Ends Abuses .. Requires three-year final compensation to stop spiking for all new employees. .. Calculates benefits based on regular, recurring pay to stop spiking for all new employees. .. Limits post-retirement employment for all employees. .. Felons will forfeit pension benefits. • Prohibits retroactive pension increases for all employees. .. Prohibits pension holidays for all employees and employers. .. Prohibits purchases of service credit for all employees. 2 'Gut and Amend' Continued from Page 1... Moving to the Floor SB 1528 (Steinberg) Medical Services: Damages. (As Amended Aug. 24 http://ct2k2.capitoltrack.com/Biils/sen/sb 150'1- .1550/sb 1528 bill 201208?4 amende.d 8sm v95.html) League position: Pending. This bill was passed in Assembly Judiciary this morning and now heads to the Assembly floor. This bill provides that an injured person whose health care is provided through a public or private capitated health care service plan including Medi-Cal is entitled to recover as damages the "reasonable and necessary value" of medical services. New Amendments SB 863 (De leon) Workers' Compensation. (As Amended Aug. 27 http://ct?k2.capitoltrack.com/Bills/sen/sb 0851- 0900/sb 863 bill 20120827 amended 8sm v94.htmi) League position: Seeking Comment. Amendments were added to this bill on Aug. 27. League staff is still evaluating those amendments. This bill incorporates major workers' compensation reforms. A summary of SB 863, as amended on Aug. 24, has been posted to the League's website at www.cacities.org/SB863summary:. Also, the cost analysis previously issued from the Workers' Compensation Insurance Rating Bureau (WCIRS) is available online at htto:l/www.dir.ca.gov/DIRNews/2Q12/WCIFi[?Data2012.pdf. S8 1040 (Evans) Fire Prevention: Fees. (As Amended Aug. 27 http://ct?k2.capitoltrack.com/Bills/sen/sb 1001- 1050/sb 1040 bill 20120827 amended asm v96.html) League position: Watch. On Monday, the authors and coauthors were changed. The text of the bill remains the same, This bill would repeal the $150 rural fire prevention fee imposed on private and unimproved lands within CALFIRE state responsibility areas. This issue is linked to AS 1500 (Perez) Corporation Taxes: Apportionment: Single Sales Factor: Middle Class Scholarship Fund. Scheduled for Hearing AB 2515 (Hall) Tribal Gaming. Special Distribution Fund. (As Amended Aug. 21 http://ct2k2.capitoltrack.com/Bills/asm/ab 2501- 2550/ab 2515 bill 201?08?1 amended sen v97.html) League Position: Support. This bill has been scheduled for hearing on Wednesday, Aug. 29 in the Assembly Governmental Organization after adjournment of session. This bill would appropriate $9.1 million from the tribal gaming Special Distribution Fund in mitigation grants to local governments with adjacent jurisdictions to tribal-owned casinos for public safety and infrastructure services. Bills Not Moving Forward SB 912 (Lieu) Contractors: Fire Safety: State Fire Marshall. (As Amended Aug. 24 http://ct2k2.capitoltrack.com/Bilis/sen/sb 0901- 0950/sb 912 bill 20120824 amended asm v96J)tml) League position: Oppose. This bill provides the State Fire Marshall with the authority to adopt and administer the regulations and building standards, for all occupancy buildings, that it deems necessary to ensure fire safety in buildings and structures. The bill would also authorize the installation of a fire protection system for new construction of single-family or two-family dwellings to be performed by a contractor holding a fire protection contractor classification, a general building contractor, or a plumbing contractor. A8 2225 (Perea) Courts: Video Trial Pilot Program: Infractions. (As Amended Aug. 23 http://ct2k2.capitoltrack.com/Bills/asm/ab 220'1- 2250/ab 2?25 bill 20120823 amended sen v96.html) League position: Watch. This bill would establish a pilot program in Fresno County to allow court proceedings for vehicle code infractions or truancy charges be conducted over two-way video feed in light of continued court facility closures and reduced hours of operation. This bill will not be moved this year but will be reintroduced for the 2013-14 Session. 3 11 ~ Aug. 30, 2012 Issue #94 UPDATES LEAGUE OF CALIFORNIA CITIES BOARD OF DIRECTORS VOTES TO SUPPORT THE PENSION REFORM PROPOSAL Majority ofAB 340 is In Line with League Pension Policy Today in a special meeting, the League of California Cities board of directors adopted the following motion concerning the recent pension reform proposal: For more, see Page 2. END OF SESSION BILL STATUS REPORT This year the League has been tracking a number of major bills which affect cities as reflected in its updated Aug. 10 Major Bills List (b.1ill1/www.cacities.orgLToo/News/New§-: Articles/2012/AJillllst/Leaoue::of-Califorol9.:QjtieBO1Z-MillQ!;:!3i1I-List). This week, the League also published a list of gut and amends that affect cities http://www.cacities.oL9LJop/New~!News·" Art~lesl20·12/&illllstlGut··an9-:[email protected]!::Mo!lQ9Y..L~j\ug-27. The following actions have occurred for the bills the League is tracking. For more, see Page 2. 'Pensions' Continued from Page 1. .. "The board of directors of the League of California Cities urges the Legislature to enact AB 340 (Furutani), the California Public Employees' Pension Reform Act of 2013 (PEPRA). While not perfect, the League views this legislation as a substantial step forward in implementing pension reform largely in keeping with the League's own comprehensive pension reform principles. This recommendation is made in recognition that there are numerous questions of implementation and interpretation that will need to be resolved in the days and months ahead. The League and cities will continue to be vigilant in advocating for effective pension reform to ensure the intent of this historic legislation is respected. Finally, the League board congratulates the elected and appointed city leaders of California for their pension reform actions to date, and it respectfully urges them to continue their leadership on this vital issue at the local level." Commenting on the pension reform proposal and the recent League board action, League President and Mountain View Mayor Mike Kasperzak said: 'The city officials of California recognize that pension reform is a journey and notjust a destination. They have enacted a number of cost-saving pension reforms already, and this legislation would give them valuable new tools for achieving additional savings with existing employees while at the same time requiring more sustainable and affordable pension plans for new employees. This is a win-win for the cities and taxpayers of California, and we appreciate the Governor's and Legislature's leadership on this important issue." This year reform of the state's pension laws is the first and most important strategic goal of the League of California Cities. Hundreds of cities have already made major strides in the last few years to reduce current and future pension costs. A League survey of city managers earlier this year revealed that 47 percent of the responding cities had already adopted a new pension tier for new employees and 64 percent of the cities had already secured higher employee cost-sharing for pensions from existing employees through collective bargaining. Chris McKenzie, League executive director, observed: "Admittedly AB 340 is not a panacea for every pension-related fiscal problem facing city governments, but it represents real and substantial progress in bringing pension costs more into line with the resources available to the cities of our state. The Governor deserves credit for tackling this problem head-on, and we look forward to working with the Legislature and him in the next few years to achieve even greater savings and accountability from our retirement systems. This is a joint goal on which state and city leaders have continued shared interests." The League has prepared a side-by-side analysis (~.cacities.Qrg/08:iQl£pensionCompNE)of the proposed pension reform plan and the plan adopted by the League's board of directors in July. 'Bills' Continued from Page 1... All bills must be taken up by Friday, Aug. 31 at midnight or they will die. Bills that are currently sitting in committee must be passed out of committee and on the floor of both houses. City officials are encouraged to send request for signature and request for veto letter to Gov. Jerry Brown as requested below. Administrative Services 581528 (Steinberg) Medical Services: Damages. League position: Pending. Status: On the Assembly Floor This bill provides that an injured person whose health care is provided through a public or private capitated health care service plan including Medi-Cal is entitled to recover as damages the "reasonable and necessary value" of medical services. 2 Community Services AS 2592 (Williams) County Free Public libraries: Withdrawal: Use of Private Contractors. League position: Oppose. Status: Senate Rules Committee This bill is currently in the Senate Rules Committee. This bill is a follow up to last year's AB 438 (Williams). The bill states that any city that withdrew from a county free library system, for which withdrawal became effective on or after Jan. 1, 2012 has to comply with AS 438's requirements. Employee Relations SB 863 (De Leon) Workers' Compensation. League position: Seeking Comment. Status: Assembly Insurance Committee This bill was referred to the Assembly Insurance Committee. This bill incorporates major workers' compensation reforms. This package of reforms is intended to provide an estimated $700 million dollar permanent disability increase to be phased in over two years, but to offset this cost increase by implementing other important reforms in the system. A summary of SB 863 has been posted to the League's website at YY-yy'w.cacities.org/SB863sl!.JIll.nar'{. Also, the cost analysis from the Workers' Compensation Insurance Rating Bureau (WCIRS) is available online at http://www.dir.ca.gov/DlRl\Jews/2012/WCIRBData2012·psdf.· AB 2298 (Solorio) Insurance: Public Safety Employees: Accidents. League position: Oppose. Status: Enrollment This bill was passed on the Assembly floor today and sent to Gov. Jerry Brown's desk. This bill is nearly identical to AB 1551 (Torres) which was amended into a housing bill last week. As amended, AB 2298 would exempt certain public safety officers from a requirement to report accidents that occur in a personal vehicle to a personal insurance provider and instead report those accidents to the employer. This bill unnecessarily shifts the liability for automobile accidents from the employee to the employer. Environmental Quality SB 965 (Wright) State Water Resources Control Board and California Regional Water Quality Control Boards: Ex: Parte Communications. League position: Support. Status: On the Assembly Floor This bill would clarify that there is no prohibition on ex parte communications between members of the State Water Resources Control Board or the California Regional Water Quality Control Boards and the regulated community in connection with specific permit proceedings, including those involving the issuance or modification of general stormwater permits. The legislation will significantly help local government communicate with water boards as permits are in development. This bill, modeled after the Public Utilities Commissions' ex parte provisions, is very similar to AB 2063, which is modeled after the California Coastal Commission. NOT BILL - SB 1222 (Leno) Solar Energy: Permits. League position: Oppose. Status: Enrollment This bill is currently awaiting action on Gov. Jerry Brown's desk. This bill would place a cap on building permit fees on solar residential systems as well as require local agencies to provide a report to the California Energy Commission (CEC) no later than Dec. 1, 2013. City officials are encouraged to send request for veto letters immediately. SB 1278 (Wolk) Planning and Zoning: Levees. 3 League position: Support. Status: Enrollment This bill is currently awaiting action on Gov. Jerry Brown's desk. This bill would make changes to the 200-year flood requirements enacted in 2007, including addressing timing issues for cities and counties in the Sacramento-San Joaquin Valley (northern border of California down to Fresno) that are required to amend their general plan within 24 months of the adoption of the Central Valley Flood Protection Plan. City officials are encouraged to send request for signature letters immediately. AB 2529 (Wiekowski) California Global Warming Solutions Act of 2006: Electric Corporations. League position: Pending. Status: Senate Rules Committee This bill is currently in the Senate Rules Committee. This bill cleans up the Budget Resources Trailer Bill AB 1018 and clarifies that funding from Cap and Trade auctions going to 10Us intended to offset rate payers costs would go back to all rate payers, inclUding local governments. 5B 568 (Lowenthal) Recycling: Polystyrene Food Containers. League position: Concerns. Status: On the Assembly Floor This bill establishes a statewide ban on polystyrene food containers. Recent amendments would give cities the option to offer a i-year exemption to the ban for small businesses in their community that meet an "undue economic hardship." AB 1634 (Chesbro) Solid Waste: Large-Quantity Commercial Organics Generators. League position: Watch. Status: Senate Rules Committee This bill is currently in the Senate Rules Committee. AB 1634 mandates commercial recycling for large generators of organic materials. Housing AB 1616 (Gatto) Food Safety: Cottage Food Operations. League position: Oppose. Status: On the Assembly Floor This bill was passed on the Senate floor today and sent back to the Assembly for concurrence. This bill would prohibit cities from disallowing cottage food operations and require those operations to be deemed a permitted use of residential property for zoning purposes, local building, and fire codes. Public Safety 5B 1040 (Negrete McLeod) Fire Prevention: Fees. League position: Watch. Status: Assembly Budget Committee This bill is currently in the Senate Budget Committee. This bill would repeal the $150 rural fire prevention fee imposed on private and unimproved lands within CALFIRE state responsibility areas. This issue is linked to AB 1500 (Perez) Corporation Taxes: Apportionment Single Sales Factor: Middle Class Scholarship Fund. AB 2031 (Fuentes). Community Corrections Partnerships. League position: Oppose. Status: Enrollment 4 This bill is currently awaiting action on Gov. Jerry Brown's desk. This bill expands membership on the local Community Corrections Partnerships and state Board of State and Community Corrections to include duplicative county sheriff and probation and social services representatives, further diluting the voice of cities. City officials are encouraged to send request for veto letters immediately. A sample request for veto letter is available on the League's website at by typing "AB 2031" into the search box. AS 2366 (Eng). Fix=lt Tickets. League position: Support. Status: Enrollment This bill is currently awaiting action on Gov. Jerry Brown's desk. This bill increases the fine associated with "fix-it" tickets from $10 to $25 when issued by parking enforcement officers. The fix-it ticket is already $25 when issued by a peace officer. This citation penalty has not been updated for nearly 20 years and local agencies are not recouping the cost of citing and processing citations that ensure the safety of vehicles operating on public streets and roads. City officials are encouraged to send request for signature letters immediately. A sample request for signature letter is available on the League's website at by typing "AB 2366" into the search box. AS 2515 (Hall) Tribal Gaming. Special Distribution Fund. League Position: Support. Status: Enrollment This bill is currently awaiting action on Gov. Jerry Brown's desk. This bill would appropriate $9.1 million from the tribal gaming Special Distribution Fund in mitigation grants to local governments with adjacent jurisdictions to tribal-owned casinos for public safety and infrastructure services. A sample request for signature letter is available on the League's website at Y)f'vvvv.caQities.orgLbilisearcb. by typing "AB 2515" into the search box. Post.Redevelopment legislation HOT ElilL - SS 214 (Wolk) Infrastructure Financing Districts. League position: Support. Status: Enrollment This bill is currently awaiting action on Gov. Jerry Brown's desk. This bill removes the existing vote thresholds, authorizes rehabilitation and maintenance, and makes numerous other changes focused on making the tool more fleXible. The author amended the bill to incorporate many amendments proposed by the League designed to make the bill more workable. City officials are encouraged to send request for signature letters immediately. AS 2144 (Perez) Infrastructure Financing Districts. League position: Watch. Status: Enrollment This bill is currently awaiting action on Gov. Jerry Brown's desk. This bill proposes to make numerous changes to infrastructure financing districts. One significant difference with SB 214 (Wolk) is the bill has 55 percent voter thresholds for establishing a district and issuing debt. A8 2037 (Davis) California New Markets Tax Credit. League position: Support. Status: Assembly Appropriations Committee AB 2037 was held in the Assembly Appropriations Committee and will not move forward. This measure would have reallocated some existing unused state tax credits to benefit job creation and economic development projects in local communities. S8 1156 (Steinberg) Sustainable Communities Investment Authority. League position: Oppose Unless Amended. 5 Status: Enrollment This bill is currently awaiting action on Gov. Jerry Brown's desk. SB 1156 authorizes the creation of local Sustainable Communities Investment Authorities. These authorities could be established under the legal authority of former redevelopment agencies, but limited in numerous ways. The provisions of redevelopment law would also apply, except for the finding of blight. The author recently took an amendment requested by the League to clarify that a city could form an authority without county approval; other implementation issues remain unaddressed. Transportation. Communications. and Public Works S8 1027 (Committee on Budget and Fiscal Review) Federal Transportation Funds: Allocation. League position: Watch. Status: Assembly Budget Committee SB 1027 is currently in the Assembly Budget Committee. This bill contains implementing language for specified sections of MAP-21 (new federal transportation authorization) as they relate to bridge funding, Safe Routes to School, regional transportation agency funding, and air quality improvement programs. The author has indicated that the bill is for discussion purposes only, as much of the work will be done over the legislative break. However, as with any bill in print, there is a chance that it could be taken up this week. A8 1050 (Ma) Telecommunications: Prepaid Mobile Telephony Services: Taxes and Fees. League position: No Position. Status: Senate Governance and Finance Committee This bill was not taken up in the Senate Governance and Finance Committee. It is not expected to move this year. AS 1050 would provide a process for collection of utility users taxes (UUT) and relevant state taxes on prepaid wireless services. AB 1235 (Hernandez) Energy: Energy Efficiency. League position: Seeking Comments. Status: Senate Rules Committee This bill is currently in the Senate Rules Committee. AS 1235 requires an electrical company to replace low-efficiency light bulbs with high-efficiency light bulbs at the same rate that cities and counties replace light bulbs on publicly-owned streetlights. Electrical companies would not be required to replace more than 100 light bulbs. The cost would be covered by unspecified existing collection mechanisms. Also requires the electrical company to post information on its cost efficient energy efficiency programs and energy efficiency targets. The author has indicated that the bill fixes a problem where cities want to make streetlights more efficient, but because they do not own all the light poles, they are unable to replace the lights. AB 2231 (Fuentes) Sidewalks: Repairs. League position: Oppose. Status: Dead This bill was held in the Senate Appropriations Committee. The bill would have required voter approval before cities and counties could repeal an existing ordinance that states that the jurisdiction would take responsibility for sidewalk repair. The bill would have also prohibited cities that have an ordinance from imposing a fee, charge, or assessment, for sidewalk repairs. 6 Aug. 31, 2012 Issue #95 IN THIS ISSUE: Page 3: League Urges Governor to Veto Bill that Forces Cities to Issue Permits for Cottage Food Operations Page 4: Free Webinar on New Sustainable Energy Bond Prograrn for Public Agencies Scheduled for Sept. 13 California Civic Engagernent Project Releases Policy Brief on Latino and Asian Voter Registration The Next Generation of Economic Development Tools, Tornorrow's Green Workforce, Opening City Career Doors for Girls in Septernber's Western City Magazine LEGISLATURE PASSES PENSION REFORM, SENDS AB 340 TO GOVERNOR FOR SIGNATURE The League Urges the Governor to Sign this Historic Legislation On the final day of the 2012 Legislative Session the Legislature passed AB 340 (Furutani), the League-supported pension reform measure. Action in both houses commenced in the afternoon with both the Assembly and Senate passing the measure by large margins. For more, see Page 2. . WORKERS' COMP LEGISLATION PASSES, MOVES TO GOVERNOR FOR SIGNATURE This evening, the Legislature passed SB 863 (De Leon), the workers' compensation bill that would both increase benefits to injured workers and is intended lower costs for employers. Gov. Jerry Brown vetoed workers' compensation legislation last year calling for more significant reform. For more, see Page 2. REQUEST FOR SIGNATURE LETTERS NEEDED ON SB 214 Most Helpful Bill Addressing Infrastructure Issues On Thursday, League-supported SB 214 (Walk) was passed in the Senate with a 22 -15 vote, sending it to Gov. Jerry Brown. 5B 214 makes important changes to existing Infrastructure Financing District (IFD) law and will enable IFDs to become a more helpful financing tool for a wide variety of local infrastructure. For more, see Page 3. 'Pensions' Continued from Page 1... The League board of directors on Thursday, Aug. 30 voted to support AS 340, expressing that: "While not perfect, the League views this legislation as a substantial step forward in implementing pension reform largely in keeping with the League's own comprehensive pension reform principles. This recommendation is made in recognition that there are numerous questions of implementation and interpretation that will need to be resolved in the days and months ahead. The League and cities will continue to be vigilant in advocating for effective pension reform to ensure the intent of this historic legislation is respected. Finally, the League board congratulates the elected and appointed city leaders of California for their pension reform actions to date, and it respectfully urges them to continue their leadership on this vital issue at the local level." If signed by Gov. Jerry Brown, and his signature is expected, the legislation would save an estimated $42 - 55 billion over the next 30 years according to a statement issued by CalPERS today (bnp:llww\fj.cal!L~s.c'!.lli?v/lQd~~J.§Q?bc:::laboutllJress/pr·2012/auo/cgst-analysis.xml).The proposal applies to all public employers and pension plans on or after Jan. 1, 2013, with the exception of the University of California as well as charter cities and charter counties that do not participate in CalPERS or the 37 Act System. AB 340 makes changes to public employee pensions including establishing a cap on the amount of salary that can be used to calculate a retirement benefit, raising the retirement age for both public safety and miscellaneous employees, implementing cost-sharing, using the average of the final three years to calculate final compensation, implementing a 180 day sit-out period for retired persons to return to work in the retirement system in which they receive a pension, defines "pension compensation," a pension forfeiture requirement for public employees convicted of committing a felony in connection with their job, the elimination of airtime, pension holidays and pension spiking. All aspects of the legislation apply to new employees after Jan. 1,2013. Four provisions, cost sharing, the six month sit-out requirement, and the elimination of airtime and pension holidays, apply to current members in the system. The League has prepared a side-by-side analysis (bnp:l/wlJvw.cacities.orq/083012jJensionCompare) of the plan and the pension reform plan adopted by the League board of directors in July 2011. 'Workers Compensation' Continued from Page 1... This year's package of reforms was negotiated between the California Labor Federation and several large self-insured employers including Grimmway Farms, Safeway and the Schools Insurance Authority. The Department of Industrial Relations was also engaged in the discussions and held numerous stakeholder meetings throughout the state. The legislation is intended to provide savings to employers that will offset a nearly 18 percent increase in the permanent disability rating schedule, which was agreed by employers with reforms passed during the Schwarzenegger Administration. SB 863 was drafted to: e Reduce frictional costs achieved through tighter claims management; .. Set reasonable, achievable time frames for claims resolution; e Create an accountable lien process; .. Stem the flood of unnecessary "add-ons" to nearly every workers' comp claim for sexual dysfunction and sleep disorders as a way to drive up the permanent disability award; .. Provide better access to care for injured workers; and .. Establish needed fee schedules, among other cost saving changes. Groups representing employers such as the California Chamber of Commerce and the California Association of Joint Powers Authorities, support the reforms because they believe that SB 863 is a balanced approach to increasing injured worker benefits with needed system changes that reduce system wide costs related to friction and litigation. 2 Gov. Brown is expected to sign this package of reforms that came together in the last throes of the legislative session. The League reached out to our membership for feedback on this proposal and received positive feedback especially from risk managers. However, given the timing of this proposal and the wavering cost estimates of SB 863, the League did not ultimately take a position though we believe many of its provisions will be beneficial to cities. 'S8 214' Continued from Page 1... With little to no state or federal funding to address infrastructure needs, local governments are struggling to meet the needs of growing populations while supporting a prosperous economy. IFDs could accommodate a wide variety of essential infrastructure projects including roads, bridges, sewer and water systems, and other infrastructure improvements needed to expand and retain businesses and grow jobs. While there are other bills this session addressing economic development and infrastructure issues, the League supports SB 214 because it is the most useful and flexible tool developed this year to upgrade local infrastructure and create jobs. An outline of how IFDs created under SB 214 would work has been posted on the League's website at .httR://WW\PJ.:..~'!flties.org/lmloadedFjlesLheaqIJe!r~ternetL~lSL45cQ§Q~-b42f2~44e~;d:J2§d·· c3f2§Oab2·13b.pdf. City officials are encouraged to send request for signature letters to Gov. Jerry Brown immediately. A sample request for signature letter is available on the League's website at yyww.cacities.qroiJ2lHsearch by typing "SB 214" into the search box. League Urges Governor to Veto Bill that Would Require Cities to Issue Permits for Cottage Food Operations Local Land Use Authority Disregarded Amendments to AB 1616 (Gatto), just taken on Aug. 24, would require cities to issue permits to cottage home-based food businesses. The Legislature passed the bill yesterday and it will go next to Gov. Jerry Brown for his signature or veto. The League is requesting a veto on this bill because it would pose serious health, safety and land use issues for cities. AB 1616 would require local jurisdictions to either classify cottage food operations as a permitted use of residential property for zoning purposes or grant a nondiscretionary permit to use a residence as a cottage food operation. These food businesses under AB 1616 would be deemed residential for the purposes of the State Uniform Building Standards Code and local building and fire codes. Local governments should be able to protect neighborhoods by regulating: hours of operation, the hours of on-site sales, inspections and advertising. The bill would require local governments to provide a written request of a breakdown of fees, a list of permits and fees that are required by the jurisdiction, and information about the anticipated length of time for reviewing and processing the permit application, upon request of the applicant. The application for the cottage food operation permits would also be required to have a statement about the applicant's right to request the written fee verification. While counties typically provide health inspectors, there are several cities that have health inspectors. AB 1616 would severely limit the ability to inspect cottage food operations. Given that these businesses are being conducted in a privacy of a home, without the public necessarily being able to view the premises, the need to inspect and ensure food safety is greater, not lesser. For Class A permits, local enforcement agencies would only be able to determine compliance if there was a consumer complaint or a reason to suspect a violation. Determining compliance could be exceptionally difficult when local enforcement agencies would not be allowed to inspect. City officials are urged to send the Governor a veto letter immediately. The League's veto letter is available on the League's website at wvvw.cacities.orqibillseary.h by typing "AB 1616" into the 3 search box. Free Webinar on New Sustainable Energy Bond Program for Public Agencies Scheduled Sept. 13 The California Statewide Communities Development Authority, in conjunction with the Foundation for Renewable Energy and Environment, is offering a free webinar to provide public agencies and nonprofit organizations in California access to tax exempt financing for critical sustainable energy projects. Under the new Sustainable Energy Bond Program, participating public agencies and nonprofit organizations will contract with an Energy Service Company to complete energy and water conservation improvements. Projects may include street lighting, building lighting, pumps, HVAC, system controls, boilers, chillers, ducting, windows, roofing, toilets and others. Program participants will receive substantial utility cost savings, including contractual guarantees sufficient to cover the full cost of all retrofit work. All projects are financed through tax exempt bonds. Webinar Details Thursday, Sept. 13 1 p.m. Register for online bttll§://cc,(1.91Iint:9.comkgL§lshQ~LvReq?lddc=JsJsr9mjJxgJ2Z.i.for the upcoming free webinar. California Civic Engagement Project Releases Policy Brief on latino and Asian Voter Registration California Latino and Asian voter registration rates are the focus of the first policy brief (ilttp://r.I''-91QnaIGh?llqe.uc_davi<;.ecJu/prQ~£ts/californi§:j?ivic-enll'lQ\:2f11S'D.\:P.J:Qi§ct-:t;:cep)released by the California Civic Engagement. The analysis shows that there has been a dramatic increase in voter registration among both groups in the past decade. It also reports that despite the almost 40 percent gain for both groups a significant gap remains between these groups compared to the state's overall population. The voter registration gap means that these groups have proportionately less say in the electoral process compared to the general population. A project of the University of California Center for Regional Change, the California Civic Education Project is a new nonpartisan data repository and research initiative for the state of California. The Next Generation of Economic Development Tools, Tomorrow's Green Workforce, Opening City Career Doors for Girls in September's Western City Magazine Don't miss these articles in the September issue of Western City magazine. '" 'The Next Generation of Economic Development Tools" (~vww.\0LS3_~erncity.colJ1.lWsc;tern: .g~ptetll 08r-2012/The-Next·,Generation-of.-Economic:Oevelopment-T0015 Communitv-Deve[Ql2ment-Corporation§.) - Cities throughout California are seeking ways to help create jobs and revitalize neighborhoods. " "Tomorrow's Green Workforce" (YY2J'£Yv.~§rn~Ull~Lm/Y'L~terQ::Q1y/S§R1E2mper:: 2012/1odays-Youth-Tomorro\Ns-Green-W9rkforce) - Green training programs contribute to local economies and job expansion by focusing on youth. '" "Opening City Career Doors for Girls" (www.western£lbLQQ!J1!Western:.Qiy~t~rnbef:: 2012/Santa-Monica-Qgens-Career:Door?-for-Young-Girls) - Santa Monica opens doors for girls in a program designed to expose them to a variety of city careers. 4 !Cit;;Ci~;kD~Wlt~:;;;;;1 MEETING: Sept. 11, 2012 ITEM 100 I ..... C'~' I :··········.. ··..·················..··.··r.aJ.?····.······· ; f"'",,,,:! DATE: August 29, 2012 TO: Mayor Lewis, Mayor Pro Tern Ambrose, Councilmembers Kendrick, McClellan and Wells FROM: Melissa Ayres, Community Development Director SUBJECT: ZONE RECLASSIFICATION APPLICATION NO. 2308 ~ PISCATELLI REZONING RECOMMENDATION: That the City Council: $ Open the public hearing and receive testimony; €ll Close the public hearing; THEN $ Move to approve Zoning Reclassification Application No. 2308, subject to conditions listed in Planning Commission Resolution No. 10699; and @ Move to INTRODUCE an ORDINANCE rezoning propeliy at 111 and 117 South Marshall Avenue, and 125 and 129 South Marshall Avenue, from the M (Manufacturing) zone to the C-M (Heavy Commercial - Light Industrial) zone. BACKGROUND: On August 13, 2012, the Planning Commission held a public hearing to consider a request to rezone portions of two properties from the M (Manufacturing) zone to the C-M (Heavy Commercial- Light Industrial) zone, then adopted Resolution No. 10699 recommending City Council approval, subject to conditions that the property owner provide an irrevocable offer of dedication along South Marshall Avenue, and an updated site plan showing same. The portions of the properties proposed to be rezoned are located on the east side of South Marshall Avenue between West Main Street and West Palm Avenue, and are addressed 111 and 117 South Marshall Avenue, and 125 and 129 South Marshall Avenue. There are no development or land use proposals associated with the request. City Council Agenda Report Zoning Reclassification Application No. 2308 September 11, 2012 Agenda The subject properties are in the U (Light Industrial) designation of the General Plan. The U land use designation is intended to accommodate light industrial uses, although the General Plan acknowledges that areas designated U are "in transition to other types of land uses." SDA 11 is intended to accommodate the EI Cajon Transit Center and "supporting uses." It should be noted, however, that although the General Plan states SDA 11 is intended to "allow a new mixture of uses which can take advantage of the trolley location," the City has never adopted a specific plan to implement SDA 11. Moreover, the majority of properties within SDA11, including the subject properties, are currently developed with light industrial and heavy commercial uses. The General Plan Zoning Consistency Chart indicates that the proposed C-M zone is compatible with the U designation, while the existing M zone is listed as conditionally compatible under "unique and unusual circumstances". Currently, the subject properties are occupied by a security system contractor and a business that manufactures and sells custom campers. Both of these businesses are permitted uses in both the existing M zone and the proposed C-M zone. Adjacent properties are developed with automobile-oriented commercial uses and light industrial uses. To the west, across South Marshall Avenue, is the EI Cajon Transit Center. To the east, across Millar Avenue, are residential units. In order for the Council to approve the proposed zone reclassification, the Council must be able to make the following findings: Required Findings: A. The proposed zoning amendment, including any changes proposed in the various land uses to be authorized, is compatible with the objectives, policies, general land uses, and programs specified in the general plan. B. The proposed zoning amendment is consistent with any applicable specific plan governing development of the subject property. C. It is in the public necessity and convenience and/or general welfare that the zoning regulations governing the property be changed. As discussed above and as indicated on the attached General Plan Zoning Consistency Chart, the proposal to rezone the subject properties to the C-M zone is consistent with the Land Use Element of the General Plan, and with the goals, objectives, and policies therein. An Irrevocable Offer of Dedication (100) for additional right-of-way on South Marshall Avenue is required prior to final adoption ofthis ordinance at a future City Council meeting. Since there is no governing specific plan for the subject property or in the gem;ral vicinity that may affect the governance of the subject property, there is no need to make the finding for consistency with any applicable specific plans governing development of the subject property. -2- City Council Agenda Report Zoning Reclassification Application No. 2308 September 11, 2012 Agenda A change to the C~M zone is in the best interest of public necessity and convenience because the zoning of the subject properties would be consistent with the General Plan. Moreover, it will expand an existing C-M zone district along a major thoroughfare within the U General Plan land use designation, which is consistent with the provisions of the Zoning Ordinance. CEQA: This request is exempt from CEQA under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment [Guidelines Section 15061 (b)(3)]. The CEQA Guidelines define a "significant effect on the environment" as "a substantial adverse change in the physical conditions which exist in the area affected by the proposed project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance." The requested zone change is consistent with the EI Cajon General Plan and it will not directly result in any physical changes or any expansion of use. Moreover, the permitted land uses in the C-M zone district are not as intensive as those permitted in the Mzone. Staff is recommending approval ofthe rezoning request and introduction of an ordinance to begin the process of rezoning. Once the property owner files a completed offer of dedication, staff will bring the ordinance back for City Council adoption. Noticing Requirements: Notice of this public hearing was published in the August 30,2012, edition ofthe East County Gazette and was mailed to all property owners within 300 feet of the project site and to anyone who requested such notice in writing, in compliance with Government Code Sections 65090, 65091, and 65092, as applicable. Additionally, as a public service, the notice was posted in the kiosk at City Hall and on the City's website under "Public Hearings/Public Notices." The notice was also mailed to the two public libraries in the City of El Cajon, located at 201 East Douglas Avenue and 576 Garfield Avenue. FISCAL IMPACT: None. PREPARED BY: APPROVED BY: Melissa Ayres, Director COMMUNITY DEVELOPMENT DIRECTOR CITY MANAGER ATTACHMENTS: 1. Proposed City Council ordinance approving Zone Reclassification No. 2308, with Exhibit "A" 2. PC Resolution NO.1 0699 with Exhibits "A" and "B" 3. PC companion staff report dated 08/13/12 with attachments 4. General Plan Zoning Consistency Chart 5. Excerpt PC minutes dated 08/13/12 6. Public hearing notice -3- ORDINANCE NO. --- AN ORDINANCE APPROVING ZONE RECLASSIFICATION NO. 2308 TO REZONE PROPERTY FROM THE M (MANUFACTURING) ZONE TO THE C-M (HEAVY COMMERCIAL- LIGHT INDUSTRIAL) ZONE; APNs: 487 281-04 & 487-281-05; GENERAL PLAN DESIGNATION: LIGHT INDUSTRIAL (L1) AND SPECIAL DEVELOPMENT AREA 11 (SDA 11 ). WHEREAS, on June 12,2012 the owner of the property located on the east side of South Marshall Avenue between West Main Street and West Palm Avenue, and addressed as 111 and 117, and 125 and 129 South Marshall Avenue, submitted Zone Reclassification Application No. 2308 requesting to rezone those properties from the M zone to the C-M zone; and WHEREAS, the Planning Commission held a duly advertised public hearing on August 13,2012, on this matter, then adopted Resolution No. 10699 recommending City Council approval of Zone Reclassification No. 2308, subject to conditions that the property owner provide an irrevocable offer of dedication for street widening and an updated site plan showing same; and WHEREAS, the City Council held a duly advertised public hearing on September 11, 2012 to consider Zone Reclassification No. 2308. SECTION 1. Based upon the record as a whole, the City Council hereby makes the following findings: A. This request is exempt from CEQA under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment [Guidelines Section 15061 (b)(3)). The CEQA Guidelines define a "significant effect on the environment" as "a substantial adverse change in the physical conditions which exist in the area affected by the proposed project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance." The requested zone change is consistent with the EI Cajon General Plan and it will not directly result in any physical c11anges or any expansion of use. Moreover, the permitted land uses in the C-M zone district are not as intensive as those permitted in the M zone. B. The C-M zone is compatible with the objectives, policies, general land uses, and programs specified in the General Plan because it is consistent with the Light Industrial (L1) land use designation as indicated in the City of Ei Cajon Zoning Consistency Chart. C. There is no governing specific plan for the subject properties or in the general vicinity that may affect the governance of the subject properties. (Continued on Page 2) Page 2 of 2, Ordinance No. _ D. Rezoning the subject properties to the C-M zone is in the public necessity and convenience and/or general welfare because the resulting zoning of the subject properties would be consistent with the General Plan. Moreover, it would expand an existing C-M zone district along a major thoroughfare within the Ll General Plan land use designation, which is consistent with the provisions of the Zoning Ordinance. E. The property owner has submitted a competed irrevocable offer of dedication for street widening and an updated site plan as required by City Council Policy C-7. SECTION 2. The City Council hereby REZONES the subject properties from the M zone to the C-M zone, as shown on Exhibit A attached hereto and incorporated herein by reference. SECTION 3. This ordinance shall become effective thirty (30) days following its passage and adoption. ZR 2308 9/11/12 (Item 100) - 1st Reading 9/25/12 (Item 14.1) - 2nd Reading ~",.~> ~-- . ! it t±j :r----J ...... •...... 8= i SUBJECT SITE ! I ~ i t- Existing Zoning: M t~ i-- I it. ~!'~~ f_J~_~-~~~~____L___"~ ~_L~_~) .... I ~ ~~ ~. - ~I~ I 11 i1.. nJ f<>-- ~0- ; - i- f.--- :/ !--- \ I r--- ,.---'----- I---- t------~ [- . f j \-_: i- r~"",r f~~ , ~I , H I i Zoning Reclassification No. 2308 AttaChment 2 PC Resolution No.1 0699 PLANNING COMMISSSION RESOLUTION ~.,JO. 10699 A RESOLUTION RECOMMENDING CITY COUNCIL APPROVAL OF ZONE RECLASSIFICATION NO. 2308 TO REZONE PROPERTY FROM THE M (MANUFACTURING) ZONE TO THE C-M (HEAVY COMMERCIAL - LIGHT INDUSTRIAL) ZONE; APNs: 487-281-04 & 487-281-05; GENERAL PLAN DESIGNATION: LIGHT INDUSTRIAL (L1) AND SPECIAL DEVELOPMENT AREA 11 (SDA 11). WHEREAS, the El Cajon Planning Commission held a duly advertised public hearing on August 13, 2012, to consider Zone Reclassification No. 2308, as initiated by Paul Piscatelli, requesting to rezone two parcels from the M zone to the C-M zone, located on the east side of S. Marshall Avenue between W. Main Street and W. Palm Avenue, and are addressed 111 and 117, and 125 and 129 S. Marshall Avenue; and WHEREAS, the following findings of fact have been made in regard to said zone reclassification: . A. This request is exempt from CEQA underthe general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment [Guidelines Section 15061 (b)(3)]. The CEQA Guidelines define a "significant effect on the environment" as "a substantial adverse change in the physical conditions which exist in the area affected by the proposed project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance." The requested zone change is consistent with the EI Cajon General Plan and it will not directly result in any physical changes or any expansion of use. Moreover, the permitted land uses in the C-M zone district are not as intensive as those permitted in the M zone. B. The C-M zone is compatible with the objectives, policies, general land uses, and programs specified in the General Plan because it is consistent with the Light Industrial (L1) land use designation as indicated in the City of EI Cajon Zoning Consistency Chart; C. There is no governing specific plan for these properties or in the general vicinity that may affect the governance of the subject properties; D. Rezoning the subject properties to the C-M zone is in the public necessity and convenience and/or general welfare because the resulting zoning of the subject properties would be consistent with the General Plan. Moreover, it would expand an existing C-M zone district along a major thoroughfare within the LI General Plan land use designation, which is consistent with the provisions of the Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED that based upon said findings offact, the EI Cajon Planning Commission hereby RECOMMENDS CITY COUNCIL APPROVAL of Zone Reclassification No. 2308 to rezone two parcels from the M zone to the C-M zone, as p.e. Resolution No. 10699 shown on the attached Exhibit "An and subject to the condition prior to the second ordinance reading for Zone Reclassification No. 2308, the applicant shall satisfy the requirements of the Public Works Division, as noted in the memo dated June 28, 2012, and attached as Exhibit "8". {The remainder of this page intentionally left blank} Page 2 of 3 P.C. Resolution NO.1 0699 PASSED AND ADOPTED by the El Cajon Planning Commission at a regular meeting held August 13, 2012, by the following vote: AYES: BALES, CIRCO, DANKHA, MROZ, SOTTILE NOES: NONE· ABSENT: NONE Darrin MROZ, Chairman Manj~p, Secretary APPROVED Page 3 of 3 Exhi nAn C. Or-dina N Zo e Reclassification NOn 2308 i / J ' fJf I ; I - SUBJECT SITE Existing Zoning: M , i If 77 ! / ~ I r r ' "- l @ iJ 1'1 II I I----- ! r. W~ ~ I-- .. ~ f-...-..--. '---- :[ ~ t U ;1 I f i d i l /1 ( /1 I SUBJECT SITE - Proposed Zoning: CoM ~ ;i T[~ ,_,_,_,__, _,_. t77/ / l , r -r 1 -, I J I ~1 "~ II I f------P--- ; I-- f--- I----- '----- ~:-;.. ~l i \1 L / EXH "8" APN: 487-281-04 & -05 Ordina , Street Name Right-of-'Yay Curb Street Class General Plan Class Exist ProD Exist Prop SOUTH MARSHALL 66' 70' 50' 50' SECONDARY LIGHT AVENUE THOROUGHFARE INDUSTRIAL TO: PLANNING DIVISION -RECEIVED , DATE: June 28, 2012 JUL ij 32012 J FROM: DEPARTMENT OF PUBLIC WORKS PLANNINC: DIVISION _ .~...... -- RE: ZONE RECLASSIFICATION NO. 2308 LOCATION: 111,117,125 AND 129 SOUTH MARSHALL AVENUE PUBLIC \VORKS REQUIREMENTS AND COMMENTS WITH THIS ACTION: A. PRIVATE DEVELOPMENT REQUIREMENTS AND COMMENTS WITH THIS ACTION: A-I. Provide an Irrevocable Offer ofDedication (lOD) for additional public street right-of-way along parcel 487-281-05 ofSouth Marshall Avenue as necessary, to provide an ultimate right-of-way width of 35-feet from centerline of South Marshall Avenue. The future dedication will be contingent upon any proposed demolition ofthe existing buildings. A-2. Provide a Site Plan to include the appropriate right-of-way dimensions and required 2-feet IOD for South Marshall Avenue. The dimensions for South Marshall Avenue are from the existing centerline ofSouth Marshall Avenue to right-of-way line (33-feet), from the centerline to face ofcurb (25-feet), and the face of curb to right-of-way line (8-feet). Also show the proposed face ofcurb to right-of-way line (lO-feet). ~ (L. -----_--.._" DENNIS DAVIES DATE Deputy Director ofPublic "Works Zoning Reclassification No. 2308 Attachment 3 PC Companion Staff Report STAFF REPORT PLANNING COMMISSION MEETING AUGUST 13, 2012 m 7:00 P.M. COUNCIL CHAMBERS 200 CIVIC CENTER WAY EL CAJON, CA 92020 AGENDA ITEM NO.2 SUBJECT: ZONE RECLASSIFICATION NO. 2308 (This item has been tentatively scheduled for a City Council meeting on September 11, 2012 at 7 p.m.) This is a public hearing on a proposal to rezone portions of two properties from the M (Manufacturing) zone to the C-M (Heavy Commercial- Light Industrial) zone. The portions of the subject properties proposed to be rezoned are located on the east side of S. Marshall Avenue between W. Main Street and W. Palm Avenue, and are addressed 111 and 117 S. Marshall Avenue, and 125 and 129 S. Marshall Avenue. APNs: 487-281-04 and 487-281-05 General Plan: LI (Light Industrial) and SDA 11 (Special Development Area 11) Zoning: M (Manufacturing) Applicant(s): Paul Piscatelli /619.820.0002 Project Planner: Eric Craig / 619.441.1782 Email: [email protected] and include "ZR 2308" in Subject Line. ********** ********** ********** ********** &COMMENDED ACTION: Move to adopt the proposed Resolution No. 10699, recommending the City Council rezone the properties at 111 and 117, and 125 and 129 S. Marshall Avenue to the C-M (Heavy Commercial- Light Industrial) zone. ********** ********** ********** ********** BACKGROUND Records indicate that the six lots comprising the two subject properties were created by subdivision map in 1927. The building at 111 and 117 S. Marshall Avenue was constructed in 1967. The building at 125 and 129 S. Marshall predates City building records. The earliest permit on record for that building authorized a second story addition in 1964. In 2010, staff approved Site Development Plan No. 1476 for an architecturally integrated wireless communications facility on the building at 111 S. Marshall. in 2011, staff approved an administrative zoning permit to allow an 8.75 foot high wall/fence combination on the front property line of that sarne property. The purpose of the wall is to secure the entrance to the building from the street. - 1 - Planning Commission Staff Report Zone Reclassification No. 2308 August 13, 2012 Agenda PROJECT DESCRIPTiON Existing Conditions: The two subject properties are adjacent to one another on the east side of S. Marshall Avenue. Their combined area is approximately 1.17 acres. 80th properties are assembled from multiple lots and have frontage on both S. Marshall Avenue to the west and Millar Avenue to the east. It should be noted that there is currently split zoning on both properties. The eastern half of each property (with frontage on Millar) is zoned C-M, while the western halves, which front on S. Marshall Avenue, are zoned M. If approved, this zone reclassification would eliminate the split zoning and all of the lots comprising both subject properties would be in the C-M zone. The northernmost property (111 and 117 S. Marshall) is comprised of two sub-lots and the combined area is approximately 16,552 square feet. The masonry block building at 111 S. Marshall occupies most of the western lot. The eastern lot is used as parking for the existing building. The building is occupied by a company (Watchlight Corporation) that sells, installs, and monitors electronic security systems. The owner of Watchlight Corporation owns both of the subject properties and is the applicant for this zone reclassification request. The southernmost property (125 and 129 S. Marshall) is comprised offour sub-lots, whose combined area is approximately 34,412 square feet. The building and associated parking at 125 and 129 South Marshall occupy most of the western half of the property, with the eastern half of the property used for the storage of campers, trailers and miscellaneous other items. The site is occupied by a company that manufactures and sells campers and trailers. To the north of the subject property are an automotive fueling station and an automobile service and repair facility, both in the C-M zone. To the south is a business that sells auto parts through the Internet and a contractor's office. The auto parts business is in the M zone at 161 S. Marshall. The contractor's office is in the C-M zone at 150 and 152 Millar Avenue. East of the subject properties, across Millar Avenue, are properties developed with residential units in the RM-4300 (Residential, Multi-Family, 4,300 square foot) zone. West of the subject properties, across S. Marshall Avenue, is the EI Cajon Transit Center. The Transit Center is in the M zone. Project Proposal: The applicant proposes to rezone the western halves of the subject properties from the M zone, to the C-M zone. There are currently no development proposals or construction projects associated with this request. - 2- Planning Commission Staff Report Zone Reclassification No. 2308 August 13, 2012 Agenda GENERAL PLANICODE COMPLIANCE General Plan Consistency and Intent of Proposed Zone: State law requires the City to find rezoning requests to be in conformance with the adopted General Plan. The General Plan designations for both subject properties are LI (Light Industrial) and SDA 11 (Special Development Area 11). The LI designation is intended to accommodate light industrial uses although the General Plan states that the areas designated LI are "in transition to other types of land uses." SDA 11 is intended to accommodate the EI Cajon Transit Center and "supporting uses." It should be noted, however, that although the General Plan states SDA 11 is intended to "allow a new mixture of uses which can take advantage ofthe trolley location," the City has never adopted a specific plan to implement SDA 11. Moreover, the majority of properties within SDA 11, including the subject properties, are currently developed with light industrial and heavy commercial uses. . The General Plan Zoning Consistency Chart indicates that the proposed C-M zone is compatible with the LI designation, while the existing M zone is listed as conditionally compatible under "unique and unusual circumstances". The C-M zone is intended to provide for light manufacturing and industrial uses with relatively minor impacts on the surrounding area, which are contained in buildings and consist of: light manufacturing, wholesale trade, processing, servicing, assembly and distribution. The C-M zone is also intended to provide for commercial trade uses consisting of wholesale and specific, listed retail uses, which combine aspects of commercial trade with light industrial operations, such that the retail commercial trade aspects occupy no more than 50 percent ofthe gross floor area of the building or buildings which make up the business on the same site. The commercial trade may be retail or wholesale or a combination of the two. The C-M zone is also intended to provide for commercial trade uses which are limited to the sale and/or distribution of "large box" items such as furniture, appliances, carpeting, etc. and the incidental sales of items accessory to the "large box" items. Currently, the subject properties are occupied by a security system contractor and a business that manufactures and sells custom campers. Both of these businesses are permitted uses in both the existing M zone and the proposed C-M zone. General Lot Requirements and Zoning Restrictions: The minimum lot area for new lots created in the C-M zone is 10,000 square feet. The minimum lot width is 65 feet and the minimum lot depth is 150 feet. However, this proposal does not include the creation of any new lots. The parcel addressed as 111 and 117 S. Marshall Avenue has an area of approximately 9,000 square feet, a width of 60 feet and a depth of 150 feet. The parcel at 125 and 129 S. Marshall Avenue is larger, with an area of approximately 18,000 square feet, a width of 120 feet and a depth of 150 feet. - 3 - Planning Commission Staff Report Zone Reclassification No. 2308 August 13,2012 Agenda Existing lots may be considered for reclassification to another zoning district even though they don't meet the lot requirements of the proposed zone. However, it may be reason for denial of a zone reclassification if it is determined that the lots are substandard in width or area for proper development in the proposed zone district. The Zoning Ordinance states that each newly created C-M zone district shall contain a minimum area of one acre. Districts should be limited to primary thoroughfares as shown on the General Plan circulation element within the U designation. No new district shall be allowed on the opposite side of a primary thoroughfare from a residentially zoned area. Existing C-M zone districts may be expanded along primary thoroughfares as shown on the general plan circulation element within the Uland use designation by rezoning of adjacent properties. This proposed zone reclassification would satisfy all the requirements of the Zoning Ordinance. The subject properties are not located across a primary thoroughfare from a residential zone, and approval of the zone reclassification would expand an existing C-M zone district by extending the district boundary along a primary thoroughfare in the LI General Plan designation. Reguired Findings: In order for the Commission to recommend City Council approval of the rezoning of the subject property, the Commission must be able to make the following findings: A. The proposed zoning amendment, including any changes proposed in the various land uses to be authorized, is compatible with the objectives, policies, general land uses, and programs specified in the general plan. B. The proposed zoning amendment is consistent with any applicable specific plan goveming development of the subject property. C. It is in the public necessity and convenience and/or general welfare that the zoning regulations governing the property be changed. CEQA: This request is exempt from CEQA under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment [Guidelines Section 15061 (b)(3)]. The CEQA Guidelines define a "significant effect on the environment" as "a substantial adverse change in the physical conditions which exist in the area affected by the proposed project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance." The requested zone change is consistent with the EI Cajon General Plan and it will not directly result in any physical changes or any expansion of use. Moreover, the permitted land uses in the C-M zone district are not as intensive as those permitted in the M zone. -4- Planning Commission Staff Report Zone Reclassification No. 2308 August 13, 2012 Agenda Noticing Requirements: Notice of this public hearing was advertised in the August 2, 2012, edition of the East County Gazette and was mailed to all property owners within 300 feet of the project site on August 2,2012, and to anyone who requested such notice in writing, in compliance with Government Code Sections 65090, 65091, and 65092, as applicable. Additionally, as a public service, the notice was posted in the kiosk at City Hall and on the city's website under "Public Hearings/Public Notices." The notice was also mailed to the two public libraries in the City of El Cajon, located at 201 East Douglas Avenue and 576 Garfield Avenue. ANALYSIS Staff believes that the Planning Commission can make all of the necessary findings to recommend approval of Zone Reclassification No. 2308. The General Plan land use designation of the subject property is Ll and SDA 11. As discussed above and as indicated on the attached General Plan Zoning Consistency Chart, the proposal to rezone the subject properties to the C-M zone is consistent with the Land Use Element of the General Plan, and with the goals, objectives, and policies therein. Since there is no governing specific plan for the subject property or in the general vicinity that may affect the governance of the subject property, there is no need to make the finding for consistency with any applicable specific plans governing development of the subject property. A change to the C-M zone is in the best interest of public necessity and convenience because the zoning of the subject properties would be consistent with the General Plan. Moreover, it will expand an existing C-M zone district along a major thoroughfare within the LI General Plan land use designation, which is consistent with the provisions of the Zoning Ordinance. ATTACHMENTS 1. Proposed Planning Commission Resolution NO.1 0699 with Exhibits "A" and "8" 2. General Plan Zoning Cpnsistency Chart 3. Application . 4. Disclosure statement 5. Public hearing notice 6. Aerial photograph of project site - 5- ZR NO. 2308 Aitachment 1 Proposed Reso. No. 10699 PROPOSED PLANNING COMMISSSION RESOLUTION NO. 10699 A RESOLUTION RECOMMENDING CITY COUNCIL APPROVAL OF ZONE RECLASSIFICATION NO. 2308 TO REZONE PROPERTY FROM THE M (MANUFACTURING) ZONE TO THE C-M (HEAVY COMMERCIAL- LIGHT INDUSTRIAL) ZONE; APNs: 487-281-04 & 487-281-05; GENERAL PLAN DESIGNATION: LIGHT INDUSTRIAL (L1) AND SPECIAL DEVELOPMENT AREA 11 (SDA 11). WHEREAS, the EI Cajon Planning Commission held a duly advertised public hearing on August 13, 2012, to consider Zone Reclassification No. 2308, as initiated by Paul Piscatelli, requesting torezone two parcels from the M zone to the C-M zone, located on the east side of S. Marshall Avenue between W. Main Street and W. Palm Avenue, and are addressed 111 and 117, and 125 and 129 S. Marshall Avenue; and WHEREAS, the following findings of fact have been made in regard to said zone· reclassification: A. This request is exempt from CEQA underthe general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment [Guidelines Section 15061 (b)(3)]. The CEQA Guidelines define a "significant effect on the environment" as "a substantial adverse change in the physical conditions which exist in the area affected by the proposed project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance." The requested zone change is consistent with the EI Cajon General Plan and it will not directly result in any physical changes or any expansion of use. Moreover, the permitted land uses in the C-M zone district are not as intensive as those permitted in the M zone. B. The C-M zone is compatible with the objectives, policies, general land uses, and programs specified in the General Plan because it is consistent with the Light Industrial (L1) land use designation as indicated in the City of EI Cajon Zoning Consistency Chart; C. There is no governing specific plan for these properties or in the general vicinity that may affect the governance of the subject properties; D. Rezoning the subject properties to the C-M zone is in the public necessity and convenience and/or general welfare because the resulting zoning of the subject properties would be consistent with the General Plan. Moreover, it would expand an existing C-M zone district along a major thoroughfare within the LI General Plan land use designation, which is consistent with the provisions of the Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED that based upon said findings of fact, the EI Cajon Planning Commission hereby RECOMMENDS CITY COUNCIL APPROVAL of Zone Reclassification No. 2308 to rezone two parcels from the M zone to the C-M zone, as P.C. Resolution No. 10669 shown on the attached Exhibit "Al! and subject to the condition prior to the second ordinance reading for Zone Reclassification No. 2308, the applicant shall satisfy the requirements of the Public Works Division, as noted in the memo dated June 28, 2012, and attached as Exhibit "B" PASSED AND ADOPTED by the EI Cajon Planning Commission at a regular meeting held August 13, 2012 by the following vote: AYES: NOES: ABSENT: Darrin Mroz, Chairman ATTEST: Manjeet RANU, AICP, Secretary Page 2 of 3 ibit nAn .Ordin N ne Reclassificati N .. &a'>JII'L.i1'UJ LJ- ~ /' , .. ~~ l~~ ...... '.. I SUBJECT SITE E:iSti~i (Zonin;:M~" ~ I I .~ ~-=.~~._.~...... ~~~~....--.rl .... __ _ L...... • ; __ If >-_ W~ TJ II. I - ~~ t--11------! ~---...bJ f----- :I----lf----f l------II-i lr----I------41 j t !I { II .. I SUBJECT SITE -- Proposed Zoning: CoM "\ "' Jl ../I/ f I ~'--~ r ...... j .r r 1 I D ~~ r 1 b~ r------~~- j '-- f----- r--'" r .... / . l . 487-281-04 & -05 . Ordin n o. - ~ Street Name Right-of-\Vay Curb Street Class General Plan Class Exist Pro!) Exist Prop SOUTH MARSHALL 66' 70' 50' 50' SECONDARY LIGHT AVENUE THOROUGHFARE INDUSTRIAL TO: PLANNING DIVISION RECEIVED DATE: June 28,2012 JUL a~ 1,01[ FROM: DEPARTMENT OF PUBLIC WORKS PLANNING DIVISION ,_ ....------RE: ZONE RECLASSIFICATION NO. 2308 LOCATION: 111,117,125 AND 129 SOUTH MARSHALL AVENUE PUBLIC WORKS REQUIREMENTS AND COMMENTS WITH THIS ACTION: A. PRIVATE DEVELOPMENT REQUIREMENTS AND COMMENTS WITH THIS ACTION: A-I. Provide an Irrevocable Offer ofDedication (lOD) for additional public street right-of-way along parcel 487-281-05 ofSouth Marshall Avenue as necessary, to provide an ultimate right-of-way width of 35-feet from centerline of South Marshall Avenue. The future dedication will be contingent upon any proposed demolition ofthe existing buildings. A-2. Provide a Site Plan to include the appropriate right-of-way dimensions and required 2-feet lOD for South Marshall Avenue. The dimensions for South Marshall Avenue are from the existing centerline of South Marshall Avenue to right-of-way line (33-feet), from the centerline to face ofcurb (25-feet), and the face ofcurb to right-of-way line (8-feet). Also show the proposed face ofcurb to right-of-way line (1 O-feet). 1/~(J 1------DENNIS DAVIES DATE Deputy Director ofPublic Works ZRNO.2308 Attachment 2 General Plan Zoning Consistency Chart City of EI Cajon Zoning Consistency Chart - Adopted by City Council on July 13,2010 - Resolution No. 94-10 "'RM- RM~ RM- 4300 2500 2200 X Ii! X Iii! 'v !!Ic X " I!l X X Iii! X II!I XX I!l X III X X XX III III iii XX Ii! X XX II! Ii! B X III XX X III 1m III B X IlI lliI X X II B B IIl!I ill lIl X III III B B III III I!II X ll\I X III X III III Il! LEGEND: x- Consistent with General Plan .. - May be found consistent with applicable general plan land use designation Footnotes: A. Rezoning to add hillside overlay may be found consistent, if at least 50% of the lot has an average natural slope of 10% or more. S. May be found consistent with applicable General Plan land use designation, if property owner makes such a request and there is no public purpose in requiring a more intense use. . C. May be found consistent with Light Industrial land use designation under unique and unusual circumstances - such finding enables the property to be used for all purposes and uses authorized by the M zoning district. General Notes: 1. All zones may be found consistent with General Plan public institution, school, and park land use designations. 2. All zones may be found consistent with special devetopment areas, if found to further the provisions of the particular special development area. ZR NO. 2308 Attachmenl3 Application Community Development Department Planning Division City of El Cajon DISCRETIONARY PERMIT APPLICATION Type of Discretionary Permit(s} Requested DAZP Dcup DllA OPRD DpUD .D Specific Plan DTPM DTSM DVAR lia1R D Other: 2-.(2., '2-.3 c S Applicant Information (the individual or entity proposing to carry outthe project; not for consultants) Company Name: Contact Name: Address: Phone: (('l~) ew- OCD2.. Email: f/,)Kip~vLJ~)Ys4~·~ Interest in Property: I.i2T'Own 0 Lease 0 Option Project Representative Information (if differentthan applicant; consultant information here) Company Name: Contact Name: ----- license: ------ Address: Phone: Email: Property Owner Information (if different than applicant) Company Name: Contact Name: Address: Phone: Email: 200 Civic Center Way I EI Cajon I California I 92020 I 619-441-1742 Main 1619-441-1743 Fax Project Location ~ Parcel Number (APN): 481 28[- 6tj J !JB?-J81~05 j Address: If! j //1; !:lSi ¢ {)7' Ave Nearest Intersection: kJ" JYI (AI VI .sf; Project Description (or attach separate narrative) ---10 I " ~ -rH£ U C - M H Hazardous Waste and Substances Statement Section 65962.S(f) of the State of California Government Code requires that before the City of El Cajon accepts as complete an application for any discretionary project, the applicant submit a signed statement indicating whether or not the project site is identified on the State of California Hazardous Waste and Substances Sites List. This list identifies known sites that have been subject to releases of hazardous chemicals, and is available at Jlttp://www.calepa.ca.gov/sitecleanup/corteselistL. Check the appropriate box and if applicable, provide the necessary information: Thedevelopment project and any Cllternatives proposed in this application: lMis/are NOT contained on the lists compiled pursuant toGovernment Code Section 65962.5. o is/are contained on the lists compiled pursuant to Government Code Section 65962.5. If yes, prOVide Regulatory Identification Number: Date of List: _ Authorization \ 1 Applicant Signature : ~~Ii---~-=-\---- Date: \10 tj~ 'lolL- 2 Property Owner Signature : _~~_,~------",,---_~' _._ Date: \'0 "\\fi~1{)')v 1. Applicant's Signature: I certify that I have read this application and state that the above information is correct, and that Iam the property owner, authorized agent of the property owner, or other person having a legal right, interest, or entitlement to the use of the property that is the subject of this application. I understand that the applicant is responsible for knowing and complying with the governing policies and regulations applicable to the proposed development or permit. The City is not liable for any damages or loss resulting from the actual or alleged failure to inform the applicant of any applicable laws or regulations, including before or during final inspections. City approval of a permit application, including all related plans and documents, is not a grant of approval to violate any applicable policy or regulation, nor does it constitute a waiver by the City to pursue any'remedy, which may be available to enforce and correct violations bf the applicable policies and regulations. I authorize representatives of the City to enter the subject property for inspection purposes. 2. Property Owner's Signature: If not the same as the applicant, property owner must also sign. A signed, expressed letter of consent to this application may be provided separately instead of signing this application form, By signing, property owner acknowledges and consents to all authorizations, requirements, conditions and notices described in this application. Notice of Restriction: property owner further acknowledges and consents to a Notice of Restriction being recorded on the title to their property related to approval of the requested permit. A Notice of Restriction runs with the land and binds any successors in interest. ZR NO. 2308 Attachment 4 Disclosure statement Community Development Department Planning Division City of El Cajon DISCLOSURE STATEMENT- Disclosure Statement This statement is intended to identify and avoid potential conilicts of interest that may exist between the project proponents and the decision makers; including City staff, Planning Commissioners, and City Council members. The following information must be disclosed: 1. List the names and addresses of all persons having a financial interest in the application. ~A\U:Y\~k.uA ~~kp~~~ ~DHth-O ~'L"€1 List the names and address of all persons having any ownership interest in the property involved. 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person identified pursuant to (1) above is a trust, list the name and address of any person serving as trustee or beneficiary or trustor of the trust. ?OO Civic Center Way I EI Cajon I California I 92020 I 619-441-1742 Main i 619-441-1743 Fax 4. Have you or your agents transacted more than $500.00 worth of business with any member of City staff, Boards, Commissions, Committees and Council within the past 12 months or $1,000.00 with the spouse of any such person? Yes __ No ~ If yes, please indicate person{s), dates, and amounts of such transactions or gifts. "Person" is defined as "Any individual, proprietorship, firm, partnership, joint venture, syndicate, business trust} company, corporation, association, committee, and any other or anization or group of persons acting in concert." Gov't CDde §82047. .-J!-.-_-=-~~~~a.~LL~6~~ Signature of applicant / date Print or type name of applicant NOTE: Attach appropriate names on additional pages as necessary. ZR NO. 2308 , Attachment 5 •! • Public hearing notice ·:• I *-----~~---I All ''''''''''''If\.e!,ff'1'·U owners within this •; g shall receive notification •J i 1----- CoM , I C·M ·i I• \ ~~_.~~,. NOTICE OF PROPOSED ZONE RECLASSIFICATION NOTICE IS HEREBY GIVEN that the EI Cajon Planning Commission will hold a public hearing at 7:00 p.m., Monday, August 13. £012, in the City Council Chambers, 200 Civic Center Way, EI Cajon, CA, to consider: ZONE RECLASSIFICATION NO. 2308, as submitted by Paul Piscatelli, requesting zone reclassification from the Manufacturing (M) zone to Heavy Commercial - Light Industrial (e-M) zone. The portions of the subject properties proposed to be rezoned are located on the east side of S. Marshall Avenue between W. Main Street and W. Palm Avenue, and are addressed 111 and 117 S. Marshall Avenue, and 125 and 129 S. Marshall Avenue. This project is exempt from the California Environmental Quality Act (CEQA). The public is invited to attend and participate in this pUblic hearing. If you challenge the matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Commission at. or prior to, the pUblic hearing. The City of EI Cajon encourages the participation of disabled individuals in the services, activities, and prograr provided by the City. Individuals with disabilities who require reasonable accommodation in order to participate in the public hearing shot.. contact the Planning Division at 619.441.1742. More information about planning and zoning in EI Cajon is available at www.cLel cajon.ca.us/dept/comm/planning.html. If you have any questions, or wish any additional information, please contact ERIC CRAIG at 619.441.1782 or via email at [email protected] and reference "ZR 2308" in the subject line_ .2308 Piscatelli 111 - 129 South arshall Ave August 13, 2012 m» [[;p.N lJ::1:;a 3·~z ~::YO eQgN !l.l:::lW '"0::::Ymco- a Zoning Reclassification No. 2308 Attachment 4 General Plan Zoning Consistencv Cha(t City of EI Cajon Zoning Consistency Chart- Adopted by City Council on July 13, 2010 - Resolution No. 94-10 RM- RM· RM" RM" RM· GOOO 4300 2500 2200 1500 X Ii!l X Ii!l C X X m Ii!I X X III X Ii!l X X III X IliI X XXX Iii !!! Ii!l XX !!! ill III Ii!l III !ill X X 1:1I B B Ill m X Ii!l Iiil B illS I!iI X III X III !il LEGEND: x- Consistent with General Plan III - May be found consistent with applicable general plan land use designation Footnotes: A Rezoning to add hillside overlay may be found consistent, if at least 50% of the lot has an average natural slope of 10% or more. B May be found consistent with applicable General Plan land use designation, it property owner makes such a request and there is no pUblic purpose in requiring a more intense use. C. May be found consistent with Light Industrial land use designation under unique and unusual circumstances - such finding enables the property to be used tor all purposes and uses authorized by the M zoning district. General Notes: 1. All zones may be found consistent with General Plan pUblic institution, school, and park land use designations. 2. All zones may be found consistent with special development areas, if found to further the provisions of the particular special development area. Zoning Reclassification No. 2308 Attachment 5 Excerpt PC Minutes dated 08/13/12 D ERPT FROM TH MIN OF TH EL CAJON PLANNiN COMMISSION MEETIN August 13, 201 AGENDA ITEM NO.2 - ZONE RECLASSIFICATION NO. 2308 - PISCATELLI REZONE This was a public hearing on a request to rezone properties from the Manufacturing (M) zone to the Heavy Commercial-Light Industrial (C-M) zone. The portions of the subject properties proposed to be rezoned are located on the east side of S. Marshall Avenue between W. Main Street and W. Palm Avenue, and are addressed 111 and 117 S. Marshall Avenue, and 125 and 129 S. Marshall Avenue. This project is exempt from the California Environmental Quality Act (CEQA). APNs: 487-281-04 and 487-281-05 General Plan: Light Industrial (Li) Zoning: Manufacturing (M) Applicant: Paul Piscatelli / 619.820.0002 Project Planner: Eric Craig / 619.441.1782 Email: [email protected] and include "ZR 2308" in Subject Line. RANU summarized the staff report. MROZ asked if there were any questions from the Commissioners and there were none. MROZ opened the public hearing and invited any speakers to the podium. Jerry TURCHIN approached the podium and had questions regarding ownership of the properties. MROZ noted that the information was not in the application and encouraged the speaker to contact the applicant or the County to obtain ownership information. No other speakers approached the podium. Motion was made by CIRCO, seconded 12.Y-BALES, to close the public hearing; carried 5-0. Motion was made by CIRCO, seconded by MR0:Z;, to adopt the proposed Resolution NO.1 0699, recommending City Council approval of Zone Reclassification No. 2308, subject to conditions; carried 5-0. This item is tentatively scheduled for the City Council meeting on September 11, 2012 at 7 p.m. Zoning Reclassification No. 2308 r:"---~-':""'--~--~------~------Attachment 6 !, Public Hearing Notice i I .~.,, ,I I property owners within this i , p , . , shall receive notification ,,: I ; ,--' , , C-M 1 C·M I •, ·• i \ '-_.~~" ·w MAIN SL. r::....~J••; i ~ \ j tI ~ '. / t I \ I; : ! ,1 i I /, ,,!I // ~ ~ ) / /! V // I ! 'I : /,1: • :•//I// t : , I / • 1-.... _--.. _..__.... !// I • II f I a : ; / / ; t·-·_--._'-- I! I•1M • I I I /---·······_·M-···_· •I' , ~ . ; 1; I i 1I ,/ : -J t--~-f I: ; ..J f i H f / f ~ I ! t:t: ~_·--··-·i ~ I• 4: ;g i i lJ.i !i ;t ! Ii i.._.~...... I' ...-.. ~--...... /1; r .f Irri~····~···l / ! .-_.--_.-.. )I I ,I ; 'li fi;I I' I / f r---M·---·-i III 11M ! j f M i r-----··· III I' I o 00j 2----:mai~-€$t,III i' ! '.I. I .II NOTICE OF PROPOSED ZONE RECLASSIFICATION NOTICE IS HEREBY GIVEN that at 7:00 p.m., Tuesday, Seetember 11, 2012, the EI Cajon City Council will hold a pUblic hearing in the City Council Chambers, 200 Civic Center Way, EI Cajon, CA, to consider: ZONE RECLASSIFICATION NO. 2308, as submitted by Paul Piscatelli, requesting zone reclassification from Manufacturing (M) to Heavy Commercial- Ught Industrial (C-M) zone. The portions of the subject properties proposed to be rezoned are located on the east side of S. Marshall Avenue between W. Main Street and W. Palm Avenue, and are addressed iii and 117 S. Marshall Avenue, and 125 and 129 S. Marshall Avenue. This project is exempt from the California Environmental Quality Act (CEQA). On August 13, 2012, the Planning Commission adopted Resolution NO.1 0699, recommending City Council approval of Zone Reclassification No. 2308. If you have any questions or wish any additional information about the project, please contact ERIC CRAIG at 619.441.1782, or via email [email protected] , and reference "ZR 2308" in the Subject Line. The public is invited to attend and participate in this pUblic hearing. If you challenge the matter in court. you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 1he City of EI Cajon encourages the participation of disabled individuals in the services, activities, and programs provided by the City. Individuals with disabilities who require reasonable accommodation in order to participate in the City Council meetings shOUld contact the City Clerk's Office at 619.441.1763. More information about planning and zoning in EI Cajon is available at www.ci.ei-cajon.ca.usJdeptlcommIQlanning.html.