ONLINE AGENDA INFORMATION
The online Agenda is not the official Agenda for the EI Cajon City Council, but is posted and published four 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) 441-1763 after 4:00 p.m. on the Friday prior to the Tuesday meeting 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 10:00 a.m. - 8:00 p.m., Friday & Saturday 10:00 a.m. 5:00 p.m., and Sunday 1:00 - 5:00 p.m.
1
Itt>' ,'6 EI "~U'''''L'''U IVH:CHilll1! on "Help Keep Our City Clean" Please report any graffiti by calling the GRAFFITI HOTLINE at (619) 441-5533
Fun Facts About Leadership in Energy and Environmental Design - L.E.E.D. From Mayor Lewis Educational forums will be integrated into the Toyota of EI Cajon facility to inform visitors oftheir sustainable features.
August 10 - City Council Advisory Meeting, 1:30 p.m., City Hall, 5th Floor Conference room. Subject: Independent Audit and Performance ofthe EI Cajon Community Development Corporation, with Scott Barnett, ofBarnett Consulting. August 11 - Antique & Collectible Show at the Ronald Reagan Community Center. From 1:00 p.m. to 6:00 p.m. at 195 East Douglas Avenue. Beautiful antiques from jewelry to furniture. Plenty of free parking, $3 admission. Call (619) 445-8432 for information. August 11 - 10th Annual Cajon Classic Cruise - Bike Night! 5:00 p.m. to 8:00 p.m. on downtown Main Street at Magnolia Avenue. Visit www.downtownelcajon.com for future car show dates & themes, or call (619) 401-8858. August 13 - Grand Re-Opening of the Prescott Promenade! 5:30 p.m. at the new stage area. Join City officials for the special ribbon cutting ceremony. More room, more seating, more trees, more fun! August 13 - Concerts On The Green 2010 - featuring the rock and roll music of the Cat-illiacs. Playing at the newly renovated Prescott Promenade, from 6:00 p.m. to 8:00 p.m. Visit www.downtownelcajon.com for future concert information or call (619) 401-8858. Come early to enjoy dinner and the concert! August 14 - Sunshine Horton's Birthday Party and Dance A Thon at Downtown Cafe, 182 E. Main Street, from 1:00 p.m. to 6:00 p.m. For more information visit www.sunshine4healthykids.com or call (619) 787-6903. August 18 - 10th Annual Cajon Classic Cruise - Cajon Speed Week! 5:00 p.m. to 8:00 p.m. on downtown Main Street at Magnolia Avenue. Visit www.downtownelcajon.com for future car show dates & themes, or call (619) 401-8858. August 20 - Concerts On The Green 2010 - the music of the Coolrays, a tribute beach Boys band at Prescott Promenade, 131 East Main Street, 6:00 p.m. to 8:00 p.m. Visit W\vw.downtownelcajon.com for future concert information or call (619) 401-8858. Come enjoy dinner and the concert! August 21 - Haute With Heart Fashion Show & Luncheon benefiting St. Madeleine Sophie's Center. It begins at 10:00 a.m. at the Sheraton San Diego Hotel & Marina. For more information or show seating please call Nora Boswell at (619) 442-5129, extension 3117. August 23 - Back To School! - Schools are back in session for the new school year. August 25 - 10th Annual Cajon Classic Cruise - with the theme "Horseless Carriage." 5:00 p.m. to 8:00 p.m. on downtown Main Street at Magnolia Avenue. Visit www.downtownelcajon.com for future car show dates & themes, or call (619) 401-8858. August 28 - Lend A Hand Day - Neighborhood Clean Up - at West Palm Avenue and Richfield Avenue. From 9:00 a.m. to 11 :00 a.m. join residents, business owners, and community-minded individuals coming together to remove trash and graffiti in the neighborhoods of Downtown EI Cajon. For more information call (619) 401-8858. Recreation - Join Us For The All Fore R.E.C. GolfTournament - September 17th Still taking reservations! Sign up for the 12th Annual All Fore R.E.C. Golf Tournament Dinner & Auction for Friday, September 17 at the Sycuan Resort. Check in is 10:00 a.m., with Shot Gun Start at 12:00 p.m., dinner begins at 5:30 p.m. Registration deadline is September 3. Proceeds directly support activities that develop youth and provide positive choices through activity scholarships, youth sports, recreation classes and after school programs. For more information call (619) 441-1673. 3 August 10, 2010 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 it you wish to speak about an Item on the Agenda or under Public Comment.
• 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 July 27,2010, Meeting and the Agenda of the August 10, 2010, Meeting in accordance to State Law and Council/Agency Policy.
• PRESENTATIONS: • Presentations - Employee Service Awards • Proclamation - Elks Law Enforcement Recognition
• AGENDA CHANGES:
*Backup Information Available Redevelopment Agency Items Are Identified
Joint Meeting: EI Cajon City Council -1- August 10, 2010 and Redevelopment Agency 3:00 p.m. CONSENT ITEMS: (1.1 - 1.13)
Consent Items are routine matters enacted by one motion according to the RECOMMENDATION listed below. With the concurrence of the City Council, a Council Member or person in attendance may request discussion of a Consent Item at this time.
*1.1 MINUTES OF CITY COUNCIL/REDEVELOPMENT AGENCY MEETINGS
RECOMMENDATION: That the City Council/Redevelopment Agency approve Minutes of the July 27, 2010, Meeting of the EI Cajon City Council/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 RESOLUTION: AWARD OF BID NO. 003·11, CITY OF EL CAJON RE· ROOFING PROJECTS, Job No. 3294 (Report: Purchasing Agent)
RECOMMENDATION: That the City Council adopt the next RESOLUTION in order and award the bid to the lowest responsive bidder, Fordyce Construction, Inc., in the amount of $839,444.00.
*1.5 RESOLUTION: AWARD OF BID NO. 006·11, MOLLISON AVENUE TRAFFIC SIGNAL INTERCONNECT PROJECT, Job No. 3225 (Report: Purchasing Agent)
RECOMMENDATION: That the City Council adopt the next RESOLUTION in order and award the bid to the lowest responsive bidder, Sutherlin Contracting, Inc., in the amount of $14,805.00.
Joint Meeting: EI Cajon City Council -2- August 10, 2010 and Redevelopment Agency 3:00 p.m. CONSENT ITEMS: (Continued)
*1.6 RESOLUTION: CITY'S LAST, BEST, AND FINAL OFFER TO THE EL CAJON POLICE OFFICERS' ASSOCIATION
RECOMMENDATION: That the City Council adopt the next RESOLUTION in order implementing the City's Last, Best, and Final Offer to the EI Cajon Police Officers' Association dated June 2,2010.
*1.1 RESOLUTIONS: A RESOLUTION AMENDING THE AMOUNT OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR SPECIFIED LOCAL SAFETY EMPLOYEES AND REPORTING SAME TO PERS AS SPECIAL COMPENSATION PAID TO EMPLOYEES, AND A RESOLUTION TO DEFER TAXES ON MEMBER PAID CONTRIBUTIONS PAID BY ALL LOCAL MISCELLANEOUS EMPLOYEES AND SPECIFIED PUBLIC SAFETY EMPLOYEES (Report: Director of Human Resources)
RECOMMENDATION: That the City Council adopt the next RESOLUTIONS in order as referenced above.
*1.8 AWARD OF BID, RFP NO. 026-10, IP BASED PHONE AND VOICE MAIL SYSTEM (Report: Purchasing Agent)
RECOMMENDATION: That the City Council authorize the City Manager to enter into a Professional Services Agreement, including any necessary amendments, for an Internet Protocol Telephone and Voice Mail System with Packet Fusion to include three years maintenance.
*1.9 SPECIAL OPERATION LICENSE - ALL IN ONE AUTO WRECKING 1416 Pioneer Way
RECOMMENDATION: That the City Council approve the application for a Special Operation License as submitted by Renee Ayala for an auto dismantling business for resale.of salvaged and used auto parts located at 1416 Pioneer Way.
Joint Meeting: EI Cajon City Council -3- August 10, 2010 and Redevelopment Agency 3:00 p.m. CONSENT ITEMS: (Continued)
*1.10 AUTHORIZATION FOR "AS NEEDED" HAZARDOUS MATERIALS ENVIRONMENTAL SERVICES (Report: Deputy City Manager/Director of Public Works)
RECOMMENDATION: That the City Council authorize the City Manager to enter into a Professional Services Agreement with Ninyo & Moore for as-needed hazardous materials environmental services, not to exceed $100,000 per year, with four one-year renewal options.
*1.11 RESOLUTIONS: CONSTRUCTION OF THE HEARTLAND FIRE TRAINING FACILITY (HFTF) PARKING LOT IMPROVEMENTS, Bid No. 005-11, Job No. 3362 (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 September 9,2010.
*1.12 RESOLUTIONS: ASPHALT CONCRETE OVERLAY 2010 - VARIOUS LOCATIONS - Bid No. 009-11, Job Nos. 3306/3252 (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 September 15,2010.
*1.13 RESOLUTIONS: CONSTRUCT 8" PCC ALLEY NORTH OF EL CAJON BOULEVARD, SIDEWALKS AND CURB RAMPS - VARIOUS LOCATIONS, Bid No. 008-11, Job No. 3305 (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 September 2, 2010.
Joint Meeting: EI Cajon City Council -4- August 10, 2010 and Redevelopment Agency 3:00 p.m. 7 PUBLIC COMMENT:
At this time, any person may address a matter within the jurisdiction of the City Council and Redevelopment Agency that is not on the Agenda. Comments relating to items on today's agenda 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 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, Councilmembers may also address the City Council during this time.
2. WRITTEN COMMUNICATIONS: None
3. PUBLIC HEARINGS: None
4. ADMINISTRATIVE REPORTS:
*4.1 INDEPENDENT FINANCIAL AUDIT AND PERFORMANCE REVIEW OF THE EL CAJON COMMUNITY DEVELOPMENT CORPORATION (Report: City Manager)
RECOMMENDATION: That the City Council accept the final report for Barnett Consulting/Scott Barnett reference the Independent Financial Audit and Performance Review of the EI Cajon Community Development Corporation.
*4.2 RESOLUTION: SCHOOL BUS LOADING ZONE - 230 JAMACHA ROAD (Report: Deputy City Manager/Director of Public Works)
RECOMMENDATION: That the City Council adopt the next RESOLUTION in order to establish the following School Bus Loading Zone:
Along the westerly curbline of Jamacha Road, beginning at the southerly property line of 230 Jamacha Road, beginning at a point 50 feet north of the property line, thence northerly a distance of 160 feet.
Joint Meeting: EI Cajon City Council -5- August 10, 2010 and Redevelopment Agency 3:00 p.m. ADMINISTRATIVE REPORTS: (Continued)
*4.3 CHAlDEAN CULTURAL FESTIVAL (Report: Director of Recreation)
RECOMMENDATION: That the City Council consider the invitation from the Chaldean American Association to co-sponsor their Chaldean Cultural Festival to be held in the Prescott Promenade and the Ronald Reagan Community Center on September 4-5, 2010.
5. COMMISSION REPORTS: None
6. ACTIVITIES REPORTS OF MAYOR LEWIS
SANDAG (San Diego Association of Governments); SANDAG (Chair, Public Safety Committee); SANDAG (Quality of Life Ad Hoc Steering Committee); LAFCO (Local Agency Formation Commission).
*6.1 lAFCO Bulletin - June-August 2010
*6.2 SANDAG Board of Directors Agenda - July 23, 2010 *6.3 SANDAG Board of Directors and Policy Advisory Committee leadership Meeting - July 30, 2010 *6.4 local Agency Formation Commission Meeting - August 2, 2010
ACTIVITIES REPORTS OF COUNCILMEMBERS
7.
MAYOR PRO TEM Bill WEllS METRO CommissionlWastewater JPA; East County Economic Development Council; Heartland Fire Training JPA - Alternate.
*7.1 Council Activities Report
Joint Meeting: EI Cajon City Council -6- August 10/ 2010 and Redevelopment Agency 3:00 p.m. q ACTIVITIES REPORTS OF COUNCILMEMBERS: (Continued)
8. COUNCILMEMBER JILLIAN HANSON-COX SANDAG (San Diego Association of Governments - Alternate); SANDAG (Public Safety Committee - Alternate); MTS (Metropolitan Transit System Board - Alternate); League of California Cities, San Diego Division; East San Diego County Gang Task Force.
*8.1 Council Activities Report
9. COUNCILMEMBER GARY KENDRICK Heartland Communications JPA; Heartland Fire Training JPA.
*9.1 Council Activities Report
10. COUNCILMEMBER BOB McCLELLAN Harry Griffen Park Joint Steering Committee; Heartland Communications JPA Alternate; MTS (Metropolitan Transit System Board).
*10.1 Council Activities Report
11. LEGISLATIVE REPORT
*11.1 League of California Cities Legislative Bulletins dated July 23 and 30, 2010 - City Advocate Weekly
12. GENERAL INFORMATION ITEMS FOR DISCUSSION
13. ORDINANCES: FIRST READING - None
14. ORDINANCES: SECOND READING AND ADOPTION - None
Joint Meeting: EI Cajon City Council -7- August 10, 2010 and Redevelopment Agency 3:00 p.m. /0 15. CLOSED SESSIONS: None
ADJOURNMENT: The Regular Joint Meeting of the EI Cajon City Council and the EI Cajon Redevelopment Agency held this 10th day of August, 2010, is adjourned to Tuesday, August 24,2010 at 3:00 p.m.
GENERAL INFORMATION: None
Joint Meeting: EI Cajon City Council -8- August 10, 2010 and Redevelopment Agency 3:00 p.m. II DRAFT MINUTES 1.1
JOINT MEETING OF THE EL CAJON CITY COUNCIL AND REDEVELOPMENT AGENCY
MINUTES
CITY OF EL CAJON EL CAJON, CALIFORNIA
JULY 27,2010
An Adjourned Regular Joint Meeting of the EI Cajon Cit Cou cil a Redevelopment Agency of the City of EI Cajon, California held Tue ay, July ,010, was called to order by Mayor/Chair Mark Lewis at 3:00 .m., in th ouncil Cambers, 200 Civic Center Way, EI Cajon, California. This e ting a journe rom the Adjourned Regular Joint meeting held at 7:00 p.m. n J Iy 13, 010
ROLL CALL Council/Agency: m ers p eGt: ~a son- a , Kendrick, McClellan Council/Agenc memo rs a slht: Non Mayor Pro Te ~c hair r se t: ell Mayor/Chair pr s n: Lewis Other Officers r s nt. Rutledge, City Clerk/Secretary Foley, City Attorney/General Counsel Henry, 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 13, 2010, meetings and the Agenda of the July 27, 2010, meeting in accordance to State Law and Council/Agency Policy.
Joint Meeting: EI Cajon City Council July 27,2010 And Redevelopment Agency -219 3:00 p.m. DRAFT MINUTES PRESENTATIONS:
• Helix Water - Proposed Water Rate Increase
AGENDA CHANGES: None
CONSENT ITEMS: (1.1 - 1.8)
MOTION BY LEWIS, SECOND BY KENDRICK, to approve Consent Items 1.1 to 1.8.
MOTION CARRIES BY UNANIMOUS VOTE.
1.1 MINUTES OF CITY COUNCIL/REDEVELOP
Approve Minutes of the July 13, 201 , Redevelopment Agency.
1.2 WARRAN
y the tnance Department.
1.3 I BY TITLE AND WAIVER OF READING IN FULL AGENDA
Approve the r tng by title and waive the reading in full of all Ordinances on the Agenda.
1.4 ACCEPTANCE OF STREET RESURFACING 2010 RUBBERIZED SLURRY, Bid No. 024·10, Job No. 3309 (Report: Deputy City Managerl Director of Public Works)
Accept the project and authorize the City Clerk to record a Notice of Completion and release the bonds in accordance with the contract terms.
Joint Meeting: EI Cajon City Council July 27, 2010 And Redevelopment Agency -220 3:00 p.m. DRAFT MINUTES 13 CONSENT ITEMS: (Continued)
1.5 RESOLUTION - PROPERTY ACQUISITION - 118·130 Rea Avenue (Report: Interim Director of Redevelopment and Housing)
1. Approve the Purchase and Sale Agreement substantially in the form as presented with such changes approved by the Executive Director; 2. Authorize the Executive Director to execute any additional documents pertaining to the transaction necessary to implement the terms and conditions to close the purchase of the property; and 3. Adopt RESOLUTION NO. ECRA-407 to authorize the purchase of the properties outlined in the Purchase and Sale Agreement.
1.6 AMENDMENT TO AGREEMENT FOR HAZARDOUS MATERIALS TESTING AND REMEDIATION (Report: Deputy City Manager/Director of Public Works)
1. Authorize the City Manager to increase the aut orizati n to the existing Agreement for Professional Services b en tel y of EI Cajon and H. M. Pitt Labs, Inc. from $48,385. 0 to 108,8 500, an increase of $60,500.00; 2. Appropriate additional Re e elopm n x incr~ ent funds in the amount of $108 00 fro #Unre tric d FundlB lance (490); and 3. Increase the expen iture g t in h Redevel pent Capital Funds tiV' ~roje t 1'0 OO-R 1 fro $ 40,680.0 to $449,505.00. 1.7 RESOLf;TI • A AR OF NO. 036·10, CONSTRUCTION OF HEARTL DF RE ~!IN'NG i CI TY (HFTF) LOCKER ROOM, Job No. 3322 (R P urcr Si~Ag nt) 1. F n th prot t submitted by Grahovac Construction to be timely, but wtho merit. 2. R 'ect the bid protest finding that the AISC fabricator qualifications apply to the structural steel framing portion of the project that is included as part of the Pavilion Bid Alternate NO.1. The bid documents were clear in stating: "Award of the contract will be made on the lowest responsible bid for the base bid only." Further, reject the second portion of the bid protest regarding Stuckey & Sons Inc. bid finding that the City's review of their bid determined that they are non-responsive for the reasons listed on Attachment A-1 of the Agenda Report. 3. Find nine bidders non-responsive for the reasons listed on Attachment A-1. 4. Based on the above, adopt RESOLUTION NO. 96-10 and award the bid to the lowest responsive bidder, EC Constructors, Inc., in the amount of $368,202.00.
Joint Meeting: EI Cajon City Council July 27,2010 And Redevelopment Agency -221 3:00 p.m. DRAFT MINUTES CONSENT ITEMS: (Continued)
1.8 EMERGENCY STORM DRAIN REPAIR ON FANITA DRIVE (Report: Deputy City Manager/Director of Public Works)
1. Approve Contract Change Order Authority for $100,000.00 for the contract with New Century Construction, Inc. that was awarded on May 25,2010, for emergency storm drain repairs on Fanita Drive; and 2. Appropriate $100,000.00 from the Waste Water Fund for emergency repairs.
PUBLIC COMMENT:
Sunshine Horton speaks about recent illness in her family, and h dance-a-thon on th August 14 •
Jillian Hanson-Cox acknowledges donations recei ed fo the
2. WRITTEN COMMU
2.1 equesting support for Clean
Mayor Lewis the consulting
MOTIO BY LEWIS, SECOND BY MCCLELLAN, to forward the letter to Staff.
MOTION CARRIES BY UNANIMOUS VOTE.
(Remainder of this page intentionally left blank)
Joint Meeting: EI Cajon City Council July 27,2010 And Redevelopment Agency -222 3:00 p.m. DRAFT MINUTES /5 3. PUBLIC HEARINGS:
3.1 RESOLUTION: ADOPTION OF NEW FEES; MODIFICATION AND ELIMINATION OF EXISTING FEES; AMENDMENT OF SCHEDULE OF MISCELLEANOUS FEES; AND REVISION OF CITY COUNCIL POLICY E-2 (Report: City Attorney) (Continued from June 8 and July 13, 2010)
RECOMMENDATION: That the City Council • Open the continued Public Hearing and receive testimony; • Close the Public Hearing; • Adopt the next RESOLUTION in order to modify certain existing fees, add or delete certain fees, amend the City's Schedule of Miscellaneous Fees; and • Approve revision of City Council Policy E-2 in order to make minor editorial changes to the policy.
DISCUSSION
Mayor Lewis announces the Continued Public Hearin . Op n.
No one comes forward to speak.
• of fees listed under Community o re, following the Public Hearing process.
ECOND BY MCCLELLAN, to Close the Public
MOTION CARRIES BY UNANIMOUS VOTE.
MOTION BY LEWIS, SECOND BY KENDRICK, to Adopt RESOLUTION NO. 97-10 to modify certain existing fees, add or delete certain fees, amend the City's Schedule of Miscellaneous Fees and Approve revision of City Council Policy E-2 in order to make minor editorial changes to the policy.
MOTION CARRIES. (HANSON-COX - NO)
Joint Meeting: EI Cajon City Council July 27,2010 And Redevelopment Agency -223 3:00 p.m. DRAFT MINUTES
\0 3.2 SUBSTANDARD CONDITIONS AT 732 McCLURE STREET (Report: Building Official/Fire Marshal)
RECOMMENDATION: That the City Council • Open the Public Hearing and receive testimony; '" Close the Public Hearing; .. Deem appropriate the Building Official/Fire Marshal's actions in this case; and '" Direct staff to (1) file a Notice of Restriction against the property; (2) begin accrual of civil penalties starting July 28, 2010; (3) direct staff to monitor the progress of repairs; and (4) direct staff to bring this case back to Council for final resolution and determination of staff time, administrative fees, and civil penalties at the resolution of this case.
DISCUSSION
Mayor Lewis announces the Public Hearing is now Open.
Sandra Argo, the property owner, speaks about the cI up s been done on the property. She advises she has no current Inco e to c v r costs of an additional dumpster or any fees that will b charge. e requ an additional 45 days, without accrual of fines, to comp et the cl a
the option to
MOTION BY LEWIS, SECOND BY KENDRICK, to Continue Item 3.2 to the meeting of September 14, 2010 at 3:00 p.m., with a progress report from Building Official Pavao in the interim, if necessary.
MOTION CARRIES BY UNANIMOUS VOTE.
Recess called at 3:48 p.rn. Meeting called back to order at 3:52 p.m.
Joint Meeting: EI Cajon City Council July 27,2010 And Redevelopment Agency -224 • 3:00 p.m. DRAFT MINUTES
17 4. ADMINISTRATIVE REPORTS:
4.1 IMPASSE BETWEEN THE CITY OF EL CAJON AND THE EL CAJON POLICE OFFICERS' ASSOCIATION (Report: City Manager)
RECOMMENDATION: That the City Council consider the information attached to the Agenda Report and any public comment presented and then direct staff regarding the declared impasse between the City of EI Cajon and the EI Cajon Police Officers' Association.
DISCUSSION
Mario Tilaro quotes figures from a chart he prepared comparing salaries, benefits, and pensions between public and private sector employees.
Bradley Fields, representing the EI Cajon Police Officers' Association (POA), requests that Council impose the POA's Last, Best and Fi er, maintain the status quo, and not cut the salary of Police officers. He comm nts 0 he lack of salary increases over the past four years, the low pay SCt~~ In am is n to other cities in· the County, and the need to retain experienced per101 Mayor Lewis speaks about the intent f foposifo J and p e erving the level of service provided to the public ~ \
Richard Agunde etired I e ffice, ment n the exce lent service provided by the EI Cajo olic Dep ~ . He ee s t e 2°1< r duction is a significant decrease in salary, given th w rk perfor d.
Council, City Management, and Department i level of professionalism. He does not support it' L st B and Final Offer. He comments on staffing cuts due to k of f nding, and salary increases for some employees, whether forced or negotiated. urges Council to revisit the Last, Best and Final Offer, as the level of service cannot continue to occur at current staffing levels.
Mayor Lewis speaks about the value of Police and Fire personnel. He does not support salary cuts, and does not support Staff's recommendation.
Council and Staff comment on the following: • The City's top priority to ensure public safety; • Budgetary constraints and the slow economy; • Pension reform taking place within other cities; • Monies taken away from local government by the State of California; • Dramatic yearly increases in payments to CALPERS; • The need to be fiscally responsible.
Joint Meeting: EI Cajon City Council JUly 27,2010 And Redevelopment Agency -225 3:00 p.m. DRAFT MINUTES ITEM 4.1 (Continued)
No one else comes forward to speak.
MOTION BY MCCLELLAN, SECOND BY HANSON~COX,to Accept the recommendation by Staff to impose the City's Last, Best and Final Offer.
MOTION CARRIES. (LEWIS - NO)
5. COMMISSION REPORTS· None
6. ACTIVITIES REPORTS OF MAYOR LEWIS
SANDAG (San Diego Association of Government ; SA D.A! (hair, Public Safety Committee); SANDAG (Quality of Life Ad oc St err' g Com itt e); LAFCO (Local Agency Formation Commission.
6.1
6.2
6.3
ACTIVITIES REPORTS OF COUNCILMEMBERS
7. MAYOR PRO TEM BILL WELLS METRO CommissionlWastewater JPA; East County Economic Development Council; Heartland Fire Training JPA - Alternate.
7.1 Council Activities Report
REPORT AS STATED.
Joint Meeting: EI Cajon City Council July 27, 2010 And Redevelopment Agency -226 3:00 p,m. DRAFT MINUTES ACTIVITIES REPORTS OF COUNCILMEMBERS (Continued)
8. COUNCILMEMBER JILLIAN HANSON-COX SANDAG (San Diego Association of Governments - Alternate); SANDAG (Public Safety Committee - Alternate); MTS (Metropolitan Transit System Board - Alternate); League of California Cities, San Diego Division; East San Diego County Gang Task Force.
8.1 Council Activities Report
REPORT AS STATED.
9. COUNCILMEMBER GARY KENDRIC Heartland Communications JPA; Heartland Fire Trainin PA.
9.1 Council Activities Report
REPORT AS STATED.
10. LELLAN Communications JPA -
11. LEGISLATIVE REPORT
11.1 League of California Cities Legislative Bulletin dated July 9 and 16,2010 City Advocate Weekly
NO RECOMMENDED ACTION.
12. GENERAL INFORMATION ITEMS FOR DISCUSSION: None
Joint Meeting: EI Cajon City Council July 27,2010 And Redevelopment Agency -227 3:00 p.m. DRAFT MINUTES 13. ORDINANCES: FIRST READING e None
14. ORDINANCES: SECOND READING AND ADOPTION· None
15. CLOSED SESSIONS: None
Adjournment: Mayor lewis adjourned the Adjourned Regular Joint Meeting of the City Council/ Redevelopment Agency held this 27th day of July, 2010, at 4:27 p.m. to Tuesday, August 10, 2010, at 3:00 p.m.
Joint Meeting: EI Cajon City Council July 27, 2010 And Redevelopment Agency -228 3:00 p.m. DRAFT MINUTES at 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. ,CiiYCierkiiateiii~;;;p··1 ...~.• ITEM. 1.4 Izom 21 /3.. 8: t~ 3 I tJ DATE: July 26, 2010
TO: Mayor Lewis, Mayor Pro Tem Wells and Councilmembers Hanson Cox, Kendrick, and McClellan
FROM: Purchasing Agent
SUBJECT: Award of Bid 003-11, City of EI Cajon Re-Roofing Project
RECOMMENDATION: That the City Council adopt the next resolution in order and award the bid to the lowest responsive bidder, Fordyce Construction, Inc., in the amount of $839,444.00. BACKGROUND: On June 8, 2010, Council approved a project for replacement of roofing at the following facilities: Council Chambers, Ronald Reagan Community Center, Bostonia and Kennedy Centers. The project includes replacement of roof HVAC systems at the Ronald Reagan Community Center. Thirty prospective bidders obtained bid packages, and four respon~es were received and opened at 2:00 p.m. July 22,2010. Contractors are required to sign and acknowledge any addendum to the bid that is issued prior to the bid opening. The bid submitted by JP Witherow Roofing Company did not include a signed acknowledgement of Addendum No.2 (issued on July 16,2010), and is therefore non-responsive to the specifications. Purchasing, in concurrence with the Deputy City ManagerjDirector of Public Works, recommends award ofthe bid to the lowest responsive bidder, Fordyce Construction, Inc. The summary of bids is attached and complete proposals are on file in Purchasing. FISCAL IMPACT: $839,444.00. Sufficient funds are available for this project in Activityj Account #501000-9060-IFM3294 (City Capital Improvement Projects).
PREPARED BY: APPROVED BY: REVIEWED B::/J £ "--l'~ Cf2J 1l??ftEo. '71f/rZ(1/C kCli&L 4J(.t(/l(r Dede Porter Nancy Palm Kathi Henry PURCHASING AGENT DEPUTY CITY MANAGER! CITY MANAGER DIRECTOR OF FINANCE BID SUMMARY - BID NO. 003-11
BIDDER TOTAL AMOUNT BID
Fordyce Construction, Inc. (Santee) $839,444.00* Roejack Roofing, Inc. (EI Cajon) $989,980.00 Progressive Services, Inc. DBA: Progressive Roofing (Manteca) $1,081,300.00 JP Witherow Roofing Company (San Diego) Non-Responsive
* RECOMMENDED AWARD
ENGINEER'S ESTIMATE $900,000.00 RESOLUTION NO. -10
RESOLUTION AWARDING BID FOR CITY OF EL CAJON RE-ROOFING PROJECTS. Bid No. 003-11, Job No. 3294.
WHEREAS, bids for the City of EI Cajon Re-Roofing Projects were publicly opened on July 22, 2010; and
WHEREAS, four responses were received; and
WHEREAS, one bid was deemed non-responsive for failure to include a signed acknowledgement of Addendum No.2; and
WHEREAS, Purchasing, in concurrence with the Deputy City Manager/Director of Public Works, recommends award of the bid to the lowest responsive bidder; and
WHEREAS, the City Council believes it to be in the best interests of the City to award the contract to the lowest responsive bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:
1. The City Council does hereby reject all other bids and proposals except that herein mentioned, and awards the bid for the City of EI Cajon Re Roofing Projects to:
Fordyce Construction, Inc. in an amount not to exceed $839,444.00.
2. The Mayor and City Clerk are authorized and directed to execute a contract for said projects on behalf of the City of EI Cajon.
8/10/10 (Item i.4)
Re-Roofing Projects awd i"c"ity"Ci~'~~"ii'D;;t~"'S't~~'p"] r.tfEI'ItG:__I II, 2011 ,:OF !
m:D1IfL IIJIDIII nu;;. 1.5 - ~ ~r.t.t': .. ".... /\ ~ i LUlU ,JUL L1 l-\ 8: l~ 3 i
r ...1
DATE: July 26, 2010
TO: Mayor Lewis, Mayor Pro Tem Wells and Councilmembers Hanson Cox, Kendrick, and McClellan
FROM: Purchasing Agent
SUBJECT: Award of Bid 006-11, Mollison Avenue Traffic Signal Interconnect
RECOMMENDATION: That the City Council adopt the next resolution in order and award the bid to the lowest responsive bidder, Sutherlin Contracting, Inc., in the amount of $14,805.00. BACKGROUND: On June 22, 2010, Council approved a project for the installation of a wireless traffic signal interconnect system at the Main Street /Mollison Avenue traffic signal to connect with the traffic signal at the intersection of Mollison Avenue and Lexington Avenue. Twelve prospective bidders obtained bid packages, and three responses were received and opened at 2:00 p.m. July 22,2010. Purchasing, in concurrence with the Deputy City Manager/ Director ofPublic Works, recommends award ofthe bid to the lowest responsive bidder, Sutherlin Contracting, Inc. The summary of bids is attached and complete proposals are on file in Purchasing. FISCAL IMPACT: $14,805.00. Sufficient funds are available for this project in Activity/Account #550000-9065 PW3225 (TSLP Grant). No general fund monies will be used for this project.
PREPARED BY: APPROVED BY: ~~VIE.W.. ED BJj Cj2)~ ~17fz1~rv- jdCd[i., f;JLUA~0 Dede Porter Nancy Palm PURCHASING AGENT DEPUTY CITY MANAGER/ DIRECTOR OF FINANCE BID SUMMARY - BID NO. 006-11
BIDDER TOTAL AMOUNT BID
Sutherlin Contracting, Inc. (El Cajon) $14,805.00* Republic Intelligent Transportation Services, Inc. DBA: Republic ITS (Novato) $14,935.00 HMS Construction, Inc. (Vista) $20,000.00
* RECOMMENDED AWARD
ENGINEER'S ESTIMATE $27,500.00 RESOLUTION NO. -10
RESOLUTION AWARDING BID FOR THE MOLLISON AVENUE TRAFFIC SIGNAL INTERCONNECT PROJECT. Bid No. 006-11, Job No. 3225.
WHEREAS, bids for the Mollison Avenue Traffic Signal Interconnect project were publicly opened on July 22,2010; and
WHEREAS, three responses were received; and
WHEREAS, Purchasing, in concurrence with the Deputy City Manager/Director of Public Works, recommends award of the bid to the lowest responsive bidder; and
WHEREAS, the City Council believes it to be in the best interests of the City to award the contract to the lowest responsive bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:
1. The City Council does hereby reject all other bids and proposals except that herein mentioned, and awards the bid for the Mollison Avenue Traffic Signal Interconnect Project to:
Sutherlin Contracting, Inc. in an amount not to exceed $14,805.00.
2. The Mayor and City Clerk are authorized and directed to execute a contract for said project on behalf of the City of EI Cajon.
8/1 0/1 0 (Item 1.5)
Mollison Ave Traf Sig Interconnect awd 1.6 RESOLUTION NO -10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CAJON IMPLEMENTING THE CITY'S LAST, BEST, AND FINAL OFFER TO THE EL CAJON POLICE OFFICERS' ASSOCIATION DATED JUNE 2.2010.
WHEREAS, the City and the EI Cajon Police Officers' Association (ECPOA) concluded negotiations in impasse for a successor Memorandum of Understanding to begin July 1, 2010; and
WHEREAS, impasse procedures as defined by the City's Employer-Employee Relations Procedure have been exhausted; and
WHEREAS, the City Council has final authority to resolve an impasse through the unilateral imposition of the last, best, and final offer presented by either the City or ECPOA, or by taking no action at all.
NOW THEREFORE, be it resolved that the City Council of the City of EI Cajon does hereby resolve to implement the provisions of the City's last, best, and final one year offer as contained in Exhibit "A" and attached hereto.
8/1 011 0 (Item 1.6)
Impasse resolution ECPOA August 10 2010 Exhibit"A"
City's Last, Best and Final One-Year Offer Presented to the EI Cajon Police Officers' Association on June 2, 2010
Employer Paid Member Contribution
• Effective with the first full pay period beginning after July 1, 2010, the City will pay seven percent (7%) of the nine percent (9%) required employee contribution to PERS. Employees shall pay through payroll deductions that part of the employees' required contribution (2%) not paid by the City.
It Change retirement formula to 3% at 55 for new hires with "Final Compensation" - Three Years Career Average
• Non-substantive language changes that disband the Deferred Compensation Advisory Committee.
30 MEETING: Aug. 10,2010
ITEM NO:__1e_7_ 2am
DATE: JULY 28,2010
TO: MAYOR LEWIS, MAYOR PRO TEM WELLS, COUNCILMEMBERS HANSON-COX, KENDRICK, and McCLELLAN
FROM: DIRECTOR OF HUMAN RESOURCES
SUBJECT: A RESOLUTION AMENDING THE AMOUNT OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR SPECIFIED LOCAL SAFETY EMPLOYEES AND REPORTING SAME TO PERS AS SPECIAL COMPENSATION PAID TO EMPLOYEES, AND A RESOLUTION TO DEFER TAXES ON MEMBER PAID CONTRIBUTIONS PAID BY ALL LOCAL MISCELLANEOUS EMPLOYEES AND SPECIFIED PUBLIC SAFETY EMPLOYEES
RECOMMENDATION: That the City Council approve the above-referenced resolutions.
BACKGROUND: The settlement imposed on the EI Cajon Police Officers' Association at your meeting of July 27,2010, provides for a 2% reduction in the amount of Employer Paid Member Contributions (EPMC) paid to the Public Employees Retirement System. In addition, we previously agreed to a 2% reduction in the amount of EPMC paid by the City on behalf of all local miscellaneous employees and specified public safety employees.
The first resolution listed above adds Police Sergeants, Police Agents, and Police Officers to the list of safety employees who will pay the 2% EPMC. Their contribution will be effective August 21, 2010. The second resolution will provide for payment of EPMC by all local miscellaneous employees and specified public safety employees on a pre-tax basis. FISCAL IMPACT: Savings from the reduction in EPMC paid by the City on behalfofthe employees represented by the EI Cajon Police Officers' Association will be $235,805 annually based on current payroll. PREPARED BY: APPROVED BY:
~~~0--ci K~:~~~~a------Joan M. Ward Director of Human Resources CITY MANAGER RESOLUTION NO. -=.1Q
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CAJON ELECTING TO PAY 7 PERCENT OF THE NORMAL CONTRIBUTIONS OF SPECIFIED ELIGIBLE LOCAL SAFETY EMPLOYEES AS EMPLOYER PAID MEMBER CONTRIBUTIONS AND REPORTING THE SAME TO PERS AS SPECIAL COMPENSATION PAID TO EMPLOYEES.
WHEREAS, the California Public Employees' Retirement System ("PERS"), is established by Part 3 of Title 2 of the California Government Code (Sections 20000 through 21703) (the "PERS Law") to provide a retirement system for public employees of public agencies which have elected to have all or part of its employees become members of PERS; and
WHEREAS, the City of EI Cajon has heretofore elected to have all or part of its employees become members of PERS; and
WHEREAS, the retirement compensation payable to a member of PERS is determined, among other ways, by calculating the compensation earnable by its members; and
WHEREAS, the calculation of "compensation earnable" for a City employee (or City's employees included in a group or class of employment) may include the full monetary value of normal contributions paid to the PERS board by the City, on behalf of the employee, or employees, in accordance with Section 20636(c)(4) of PERS Law; and
WHEREAS, the City of EI Cajon has the authority to implement Government Code Section 20636(c)(4) pursuant to Section 20691; and
WHEREAS, the City of EI Cajon has entered into a labor policy or agreement which specifically provides for the inclusion of normal member contributions paid by the employer on behalf of the member and the City Council has, by Resolution No. 115-99, implemented Government Code Section 20636(c)(4) pursuant to Section 20691, to pay nine percent (9%) of the normal member contributions as employer paid member contributions and reporting the same percent to PERS as special compensation for all employees of the local safety group; and
WHEREAS, the City of EI Cajon has determined that it is necessary for the reduction of normal member contributions paid by the employer on behalf of the specified eligible public safety employee members from nine percent (9%) of the normal member contributions to seven percent (7%) of the normal member contributions; and
(Continued on Page 2) Page 2 of 2, Resolution No. _-10
WHEREAS, the following is a statement of the proposed change in reporting compensation to PERS:
The City of EI Cajon elects to pay 7 percent (7%) of the normal member contributions as employer paid member contributions (EPMC) and report same percent to PERS as compensation.
The benefit shall apply only to the Fire Chief, Deputy Fire Chief, Police Chief, Police Captains, Police Lieutenants, Police Sergeants, Police Agents and Police Officers.
The effective date of this Resolution shall be July 10, 2010.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:
1. That the governing body of the City of EI Cajon shall revise Government Code Section 20636(c)(4) pursuant to Section 20691 by paying seven percent (7%) of the normal member contributions as employer paid member contributions and reporting the same percent to PERS as special compensation for the Fire Chief, Deputy Fire Chief, Police Chief, Police Captains, Police Lieutenants, Police Sergeants, Police Agents and Police Officers of the local safety group.
2. The effective date of this Resolution shall be August 21,2010.
8/10/10 (Item 1.7)
PERS Special Compensation adding ECPOA
33 RESOLUTION NO. -10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CAJON, CALIFORNIA, MODIFYING THE PERCENTAGE OF EMPLOYER PICK-UP OF EMPLOYEE CONTRIBUTIONS TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
WHEREAS, the City of EI Cajon has the authority to implement the provisions of section 414(h)(2) of the Internal revenue Code (the "IRC"); and
WHEREAS, the Board of Administration of the Public Employees' Retirement System adopted its resolution re IRC section 414(h)(2) on September 18, 1985; and
WHEREAS, the Internal Revenue Service has stated, in December 1985, that the implementation of the provisions of IRC section 414(h)(2) pursuant to the Resolution of the Board of Administration would satisfy the legal requirements of IRC section 414(h)(2); and
WHEREAS, the City of EI Cajon has determined that even though the implementation of the provisions of IRC section 414(h)(2) is not required by law, the tax benefit offered by IRC section 414(h)(2) should be provided to its employees who are members of the Public Employees Retirement System; and
WHEREAS, the City of EI Cajon has determined that it should modify its decision to provide the tax benefit offered by IRC section 414(h)(2) to specified employees, by reducing the amount of the benefit offered by IRC section 414(h)(2);
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of El Cajon, as follows:
1. That the City of EI Cajon will implement the provisions of IRC section 414(h)(2), in part, by making employee contributions pursuant to California Government Code section 20691 to the Public Employees' Retirement System on behalf of those certain employees who are members of the Public Employees' Retirement System, designated as follows:
A. All local miscellaneous employees; and
B. The Fire Chief, Deputy Fire Chief, Police Chief, Police Captains, Police Lieutenants, Police Sergeants, Police Agents and Police Officers.
"Employee contributions" shall mean those contributions to the Public Employees' Retirement System, which are deducted from the salary of employees and are credited to individual employee's retirement accounts pursuant to California Government Code section 20691. (Continued on Page 2) Page 2 of 3, Resolution No. __-10
2. That the contributions made by the City of EI Cajon to the Public Employees' Retirement System, although designated as employee contributions, are being paid by the City of EI Cajon in lieu of contributions by the employees who are members of the Public Employees' Retirement System.
3. That employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City of EI Cajon to the Public Employees' Retirement System.
4.. That the City of EI Cajon shall pay to the Public Employees' Retirement System the contributions designated as employee contributions, in the amounts as described in section 5, below, from the same source of funds as used in paying salary.
5. That the amount of the contributions designated as employee contributions and paid by the City of EI Cajon to the Public Employees' Retirement System on behalf of an employee shall be as follows:
The contributions made by the City of EI Cajon as a benefit offered by IRC section 414(h)(2) shall be six percent (6%) of the employee's salary for all local miscellaneous employees identified in subdivision (A) of section 1, above, and seven percent (7%) of the employee's salary for each of the public safety employees identified in subdivision (8) of section 1, above; the balance of the employee's contributions required to be made to the Public Employees' Retirement System (i.e., two percent (2%) of the employee's salary) shall be contributed by the employees identified in this section, without the tax benefit offered by IRC section 414(h)(2).
Taken together the contributions designated as employee contributions paid by the City of EI Cajon and the employees identified herein shall be the entire contribution required of the employee by the Public Employees' Retirement Law (California Government Code sections 20000, et seq.).
6. That the contributions designated as employee contributions made by the City of EI Cajon to the Public Employees' Retirement System shall be treated for all purposes other than taxation, in the same way that member contributions are treated by the Public Employees' Retirement System.
7. This Resolution shall take effect August 21, 2010.
(Continued on Page 3)
35 Page 3 of 3, Resolution No. __-10
8/10/10 (Item 1.7)
Pick-up Resolution adding ECPOA
3b ,CitYW5f~~:~~;~j~ttF ffiDNG:--.t I,2010 REM •._1__8__ ~,' 1 i\ H ') £1 \0[,; Z,1!fU,l] ...·vi,~ oJ·0 r ~ 2W II
DATE: July 29, 2010
TO: Mayor Lewis, Mayor Pro Tem Wells and Councilmembers Hanson Cox, Kendrick, and McClellan
FROM: Purchasing Agent
SUBJECT: Award of RFP No. 026-10, IP Based Phone and Voice Mail System
RECOMMENDATION: That the City Council authorize the City Manager to enter into a Professional Services Agreement including any necessary amendments for an, Internet Protocol Telephone and Voice Mail System with Packet Fusion to include three years maintenance. BACKGROUND: The Public Safety Center is being constructed to utilize a new Internet Protocol (IP) based telephone system. This system will incorporate a new City wide voice mail system and include Unified Messaging for enhanced productivity. The existing telephone and voice mail systems throughout the City are aging and need replacement. This project will include the technical services to design and install new hardware for the IP telephone system at the Public Safety Center and City Hall. City Hall, due to its close proximity to the new PSC will be included in this project to provide redundancy backup and processing capabilities. It will also serve as the test location for the initial configuration, operation, and training on the new system. This will ensUre the Police Department a smooth transition to the new telephone system at the Public Safety Center. On March 23, 2010, Council approved the project for an Internet Protocol Telephone and Voice Mail System for City Hall and the new Public Safety Center. Sixty-six prospective bidders obtained proposal packages, and fourteen responses were received and opened at 4:00 p.m. May 21, 2010. An evaluation team of City staff led by Information Technologies Manager Rod Norsen evaluated proposals to ensure all minimum requirements specified in the RFP were met. The evaluation process was divided into two phases. The first phase consisted of analysis of the documentation submitted. From this phase, eight vendors were invited to interviews to review their implementation plans, product knowledge and design requirements. Criteria included the overall proposed system and its integration into existing City systems,
37 the implementation plan with contingencies, a technical demonstration of the product, and the vendors solutions to providing system redundancy and fail-over. Packet Fusion was selected as the vendor to provide the best product to meet the requirements for the Internet Protocol Telephone and Voice Mail System for City Hall and the Public Safety Center. FISCAL IMPACT: $340,00.00 Software, hardware, project implementation, training, maintenance, and performance bond costs are included in the proposed not to exceed amount of $340,000.00. Sufficient funding is available in the approved budget as follows: Activity/Account 501000-9020 (City Capital Improvement Projects), and Activity/Account 502900 9020-PS0010 (Proposition O-Public Safety Center).
PREPARED BY: REVIEWED BY: APPROVED BY: 7L~W~ Dede Porter Na y Palm PURCHASING AGENT DEPUTY CITY MANAGER! CITY MANAGER DIRECTOR OF FINANCE SUMMARY - RFP NO. 026-10 The following is a list ofvendors that submitted proposals and their respective status.
VENDOR STATUS
Packet Fusion, Inc. Recommended Award AT&T Corp. Not selected Advanced Call Processing, Not selected Inc. AdvanTelNetworks Not selected Avoico, Inc. Not selected Nexus IS, Inc. Not selected Quagga Corporation Not selected TekWorks, Inc. Not selected Carousel Industries Removed from consideration D&S Communications, Inc. Removed from consideration Digital Removed from consideration Telecommunications Corp. Intell-Flex, Inc. Removed from consideration Vector Resources, Inc. Removed from consideration West Coast Cabling Removed from consideration 1.9 CITY OF EL CAJON 200 CIVIC CENTER WAY APPLICATION FOR El CAJON, CA 92020 SPECIAL OPERATION LICENSE
(Please type or print in ink. Illegible applications will be returned)
BUSINESS NAME: ALL IN ON( AUtO wRE(JLIN~
BUSINESS ADDRESS: iLHltJ PiDN CCK- WAf £1- CAJoi'J! U\ q2-()~() BUSINESS PHONE: o,l{q -1--60 -C)&fj& FAX NUMBER:------DESCRIPTION OF BUSINESS OR SERVICE PERFOmv1ED: Ai~1() DI(~"..tITt0l'tl t\](;a {:t>I1_ l2.eS~iJ2 DF :;AlAIJf!£1W Jj LiS lZ-O .&1",10 to A t2..t5
EL CAJON LOCATION (If different from above): --=S~k,--··~. .!..::M~i2.....-----!..f\2..&=-:!-k!....:ttc=-,ve::....;G=-·< --,
NEW BUSINESS 0 CHANGE LOCATION 0 NEW OWNERJj(
NAMES AND ADDRESSES OF ALL PERSONS FINANCIALLY INTERESTED IN THE BUSINESS: RENEE AYALA
PAST CRIMINAL RECORD OF ALL PERSONS FINANCIALLY INTERESTED IN THE BUSINESS (IF NONE SO STATE): kXf{'!N&~tJ)
PRINT YOUR NAME('} I ~£ Nee '"YALA acknowledge receipt of a copy of Chapter 5.16 of the EI Cajon Municipal Code. I understand that all applicants must 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. (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 12- DAYOF JULy 20 10 ..<'1 f\ ..'/r--=---=--+------4 / i .' ;I~\" '/ SIGNED ! ,r J!t,-
: "../ FOR OFFICE USE ONLY DATE INITIAL 1. ESCORT SVC 11. POLICE TOW I{/ pp yg 2. JUNKYARD 12. CLOSE OUT FEES PAID $ •I' 7/;J/;tl ~ I. /, 3. MASSAGE PARLOR 13. AMBULANCE DATE FORWARDED TO POLICE DEPT. '1!/;/!cl ~Pb ~;;.'? 4. MDSE COUPON SLS 14. ARCADE POLICE DEPT. RECOMMENDATION 5. PAWNBROKER 15. POOLROOM o APPROVAL o DENIAL ---- 6. PRVT PATROL SVC 16. CABARET --- COMMUNITY DEVELOPMENT DEPT. RECOMMENDATION 7. SECOND HAND 17. PUBLIC DANCE o APPROVAL o DENIAL 8. SWAP MEET OPER 18. SOUND TRUCK CITY MANAGER RECOMMENDATION 9. VEHICLE FOR HIRE 19. FORTUNETELLER llir'APPROVAL DENIAL ~~~- o uw·no , 10. ALC-TOB FREE ONCE 20. OTHER --- CITY COUNCIL ACTION o APPROVAL o DENIAL FT-24 09 q.o CITY OF EL CAJON 200 CIVIC CENTER WAY APPLICATION fOR El CAJON, CA 92020 SPECIAL OPERATION LICENSE
(Please type or print in ink. Illegible applications will be returned)
BUSINESS NAME: ALL IN oue AUlD wRElJ-IN~
BUSINESS ADDF<.ESS: HtlP PiON ft:):C WAy EI..-Clr~otJ t C.A (12-0)...0
BUSINESS PHONE: 'il{Ct -J..-BD ~-CJ&B(P FAX NUMBER: ------DESCRIPTION OF BUSINESS OR SERVICE PERFORMED: AJ~1"o OI's't\--tA-Nll...1 t0G FoJ?_ t2§SiftslJ2 OF :.::ALv~EV Jj- LJS ~U J\]~10 PA t2-tS
EL CAJON LOCATION (If different from above): ----=:S:=:..JA:L..·.·!...... 1vt~E.....·---!..N...L&~::.....A~·eo=:::..~ V=-=-E'~. _
NEW BUSINESS 0 CHANGE LOCATION 0 NEW OWNERJ'i(
NAMES AND ADDRESSES OF ALL PERSONS FINANCIALLY INTERESTED IN THE BUSINESS: RENEE AYALA
PAST CRIMINAL RECORD OF ALL PERSONS FINANCIALLY INTERESTED IN THE BUSINESS (IF NONE SO STATE): f; Xf ut{&tQl
PRINT YOUR NAME .1;::-E.- to,. I_r:-.:....-_"'_(')f: ....__r--"....''fA'-'c...:.::=..:.....:L.-LA __acknowledge receipt of a copy of Chapter 5.16 of the EI Cajon Municipal Code. I understand that all applicants must 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. (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 20 1o )2- SIGNED n/~[OF jUt-Y ". !,I i \ 00 NOT WRITES&oWi j v-/ FOR OFFICE USE ONLY DATE INITIAL . 1. ESCORT SVC 11. POLICE TOW , vV 2. JUNKYARD 12. CLOSE OUT FEES PAID $ /0, //~J;Cl I '/ 9t ;L- J. /, ~!Jh 3. MASSAGE PARLOR 13. AMBULANCE DATE FORWARDED TO POLICE DEPT. i//J/C 4. MDSE COUPON SLS 14. ARCADE ~ICE DEPT. RECOMMENDATION 5. PAWNBROKER 15. POOLROOM . 'APPROVAL 0 DENIAL 7-1'1'10 /J 6. PRVT PATROL SVC 16. CABARET COMMUNITY DEVELOPMENT DEPT. RECOMMENDATION 7. SECOND HAND 17. PUBLIC DANCE o APPROVAL o DENIAL 8. SWAP MEET OPER 18. SOUND TRUCK CITY MANAGER RECOMMENDATION o APPROVAL o DENIAL 9. VEHICLE FOR HIRE 19. FORTUNETELLER 10. ALC-TOB FREE DNCE 20. OTHER CITY COUNCIL ACTION o APPROVAL o DENIAL FT-24·09 LJ I CITY OF EL CAJON 200 CIVIC CENTER WAY APPLICATION FOR El CAJON, CA 92020 SPECIAL OPERATION LICENSE
(Please type or print In Ink. Illegible applications will be returned)
BUSINESS NAME: ALL IN Of\f( AHlb W}QfCJCIN~
BUSINESS ADORESS:1tntJ PION EElz WAy EL- CA·JON t eA q2-0';2,()
BUSINESS PHONE: 94ft ~ZBD --(9&6& FAX NUMBER: ------DESCRIPTION OF BUSINESS OR SERVICE PERFORMED: AiA16 OI.sMaNTL-I,",,)(:?] (:{)11.-- l2.eS~LJ2 DF- ::ALAI ~EO ~ LtS ED fcul0 PA t2-tS
EL CAJON LOCATION (If different from above): ",--:;,S:=:.Jkl.-..''-M~E....--.!..A:...!...&~.2-A~·Ifu=-J=----/c· _
NEW BUSINESS 0 CHANGE LOCATION 0 NEW OWNER j5(
NAMES AND ADDRESSES OF ALL PERSONS FINANCIALLY INTERESTED IN THE BUSINESS: «ENE£" AYALA ) ('I' ,1.. " rJ , I'"~ 6\ \ V" ..' , IVr../L4\f .(. lj. ..,\..I.,'( ./.!
PAST CHtMINAL RECORD OF ALL PERSONS FINANCIALLY INTERESTED IN THE BUSINESS (IF NONE SO STATE): f;XfU Nb1~D
PRINT YOUR NAME 1...... "f2:.....-E'_N_c....;E=-_A...... JY'-...:..A..!..:L=...!...A..!...-__acknOWledge receipt of a copy of Chapter 5.16 of the EI Cajon Municipal Code. I understand that all applicants must 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. (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 ...JIL-'?-_· .-/\....,- fAYr1F--J::!.... _U..c._Ly+- 20 '0 SIGNED / f 1{1-"",( / • f /\ r:- oo NOT WRITE);e[6Cv f \
FOR OFFICE USE ONLY DATE INITIAL 1. ESCORT SVC 11. POLlCE TOW
2, JUNKYARD 12, CLOSE OUT FEES PAID ;L- 3. MASSAGE PARLOR 13, AMBULANCE DATE FORWARDED TO POLICE DEPT. 4, MDSE COUPON SLS 14. ARCADE POLICE DEPT, RECOMMENDATION 5, PAWNBROKER 15. POOLROOiYl o APPROVAL 0 DENIAL --~ 6, PRVT PATROL SVC 16, CABARET
7. SECOND HAND 17, PUBLIC DANCE
8, SWAP MEET OPER 18, SOUND TRUCK CITY MANAGER RECOMMENDATION o APPROVAL 0 DENIAL 9. VEHICLE FOR HIRE 19. FORTUNETELLER 10. ALC-TOB FREE DNCE 20,OTHER CITY COUNCIL ACfION o APPROVAL 0 DENIAL
FT-24-09 j"city"ci~'~k"riat~"'S't~~p"! ~ August 10, 2010 DIMfII:. 1.10 _ i ZUlU - 3 P 2, J L ..1 DATE: August 2, 2010
TO: Mayor Lewis, Mayor Pro Tem Wells Council Members Hanson-Cox, Kendrick, and McClellan
FROM: Deputy City Manager/Director of Public Works/City Engineer
SUBJECT: Authorization for "As Needed" Hazardous Materials Environmental Services
RECOMMENDATION: That the City Council authorize the City Manager to enter into a Professional Services Agreement with Ninyo & Moore for as-needed hazardous materials environmental services, not to exceed $100,000 per year with four one-year renewal options. BACKGROUND: The City needs on-call professional services relating to City owned properties or projects for the inspection, testing, abatement monitoring, reporting, and other technical services necessary to comply with local, state and federal environmental regulations. To secure these services, the Public Works Department sent a solicitation to five qualified firms seeking comprehensive statements of qualifications setting forth professional qualifications, experience, performance records, labor costs, and a strategic plan to provide the needed services in an organized and timely manner. Two firms responded to the request for qualifications. A selection committee comprised of Pubic Works staff reviewed the responses and ranked the firms according to qualifications and experience, technical competence, cost effectiveness, strategic plans, knowledge oflocal regulations, and experience with local stakeholders and environmental agencies such as the County's Department of Environmental Health and the Regional Water Quality Control Board. The selection committee ranked the firms in the following order:
1. Ninyo & Moore
2. SCS Engineers
FISCAL IMPACT: Sufficient funding is budgeted in each project where services are needed. PREPARED BY: APPROVED BY: '~\v-- 10:clB:;' (jl'1A-;:t'(j Rob Turner Kathi Henry DEPUTY CITY MANAGER CITY MANAGER DIRECTOR OF PUBLIC WORKS CITY ENGINEER r~i:~I;rkDfte~tampl --= 11,2011 REM.~l_.l_l_ [.:1hHU Hib - 3 P 3: 42 i
DATE: August 2, 2010
TO: Mayor Lewis, Mayor Pro Tem Wells Council Members Hanson-Cox, Kendrick, and McClellan
FROM: Deputy City Manager/Director of Public Works/City Engineer
SUBJECT: Construction of the Heartland Fire Training Facility (HFTF) Parking Lot Improvements Public Works Job No. PW3362, Bid No. 005-11
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 September 9,2010. BACKGROUND: On October 27, 2009, the City Council approved an amendment to the Heartland Fire Training Facility (HFTF) Lease Agreement to complete capital improvements at HFTF with funding from lease payments over a ten-year period. The parking lot provides 32 regular parking spaces plus two disabled parking spaces to meet the needs of the animal shelter by providing temporary parking during construction. The parking lot will double as permanent parking for fire academy cadets when the animal shelter is complete. The storm water improvements include a surface runoff diversion structure that will divert contaminated runofffrom the fire training area to the public sewer needed to meet storm water requirements. CEQA: The proposed improvements are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) because it is an addition to an existing public facility according to Section 15301 (Class 1) (e)(l); and, due to the construction of small facilities, Section 15303 (Class 3) of the CEQA Guidelines. FISCAL IMPACT: The project is included in the fiscal year 2010-11 budget. Estimated construction costs in the amount of $214,000 are budgeted in the Proposition 0 budget (502900-9055-PS0020) for the parking lot and the Wastewater budget (650900-9065) for storm water improvements. PREPARED BY: APPROVED BY: T?£ \\IV- ~~Oc==~.lJu" Rob Turner Kathi Henry DEPUTY CITY MANAGER CITY MANAGER DIRECTOR OF PUBLIC WORKS CITY ENGINEER RESOLUTION NO. -10
RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF THE HEARTLAND FIRE TRAINING FACILITY (HFTF) PARKING LOT IMPROVEMENTS. (Bid No. 005-11, Job No. 3362).
WHEREAS, the City Engineer has submitted plans and specifications for the Construction of the Heartland Fire Training Facility (HFTF) Parking Lot Improvements, in the City of EI Cajon; 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 Construction of the Heartland Fire Training Facility (HFTF) Parking Lot Improvements, in the City of EI Cajon 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.
8/10/10 (Item 1.11)
Construction of HFTF Parking Lot Impr apr
45 RESOLUTION NO.-=.1Q
RESOLUTION ORDERING THE WORK AND DIRECTING PUBLICATION OF NOTICE INVITING BIDS FOR THE CONSTRUCTION OF THE HEARTLAND FIRE TRAINING FACILITY (HFTF) PARKING
LOT IMPROVEMENTS. (Bid No. 005-11 J Job No. 3362).
WHEREAS, plans and specifications have been submitted for the Construction of the Heartland Fire Training Facility (HFTF) Parking Lot Improvements project, in the City of EI Cajon; and
WHEREAS, it appears to be in the best interests of the City of EI Cajon 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 Construction of the Heartland Fire Training Facility (HFTF) Parking Lot Improvement project, be ordered to be done.
2. That Thursday, September 9,2010, 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.
8/10/10 (Item 1.11)
Construction of HFTF Parking Lot Impr ntc I-G!~~~r~~r~~~PI MEETING: Aug. 10,2010
~ ITEM NO: 1.12 ,,: ""V~VIOll1 - _i") IJ ')-. 32 ,,:
I_____"!
DATE: August 3, 2010
TO: Mayor Lewis, Mayor Pro Tem Wells, Councilmembers Hanson-Cox, Kendrick, and McClellan
FROM: Deputy City Manager/Director of Public Works/City Engineer
SUBJECT: Approval of Plans and Specifications for Asphalt Concrete Overlay 2010 Various Locations Engineering Job Nos. 3306/3252, Bid Number 009-11
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 September 15, 2010.
BACKGROUND: This project will overlay approximately 6.67 miles of primary and secondary collector streets with tire modified asphalt that will not only improve the ride of the road, but will also increase the road surface life expectancy. Plans and specifications are available for review at the City Clerk's Office.
CEQA: The proposed new pavement overlay project is categorically exempt from the provisions of the California Environmental Quality Act (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 estimated construction cost is approximately $4;470,000 and will be funded using Traffic Congestion Relief, TDA Article 4, Redevelopment, Transnet, Specific Street Obligations and Indian Gaming Grant funds. This work is included in the approved Fiscal Year 2010 - 2011 budget as project PW3306, PW3252.
PREPARED BY: APPROVED BY:
Rob Turner DEPUTY CITY MANAGER DIRECTOR OF PUBLIC WORKS CITY ENGINEER 47 RESOLUTION NO. -10 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR ASPHALT CONCRETE OVERLAY 2010 - VARIOUS LOCATIONS. (Bid No. 009-11, Job Nos. 3306/3252).
WHEREAS, the City Engineer has submitted plans and specifications for the Asphalt Concrete Overlay 2010 - Various Locations project, in the City of EI Cajon; 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 Asphalt Concrete Overlay 2010 - Various Locations project, in the City of EI Cajon 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.
8/1 0/1 0 (Item 1.12)
Asphalt Concrete Overlay 2010 Various Locations apr RESOLUTION NO. -=.1Q.
RESOLUTION ORDERING THE WORK AND DIRECTING PUBLICATION OF NOTICE INVITING BIDS FOR THE ASPHALT CONCRETE OVERLAY 2010 - VARIOUS LOCATIONS PROJECT. (Bid No. 009-11! Job Nos. 3306/3252).
WHEREAS, plans and specifications have been submitted for the Asphalt Concrete Overlay 2010 - Various Locations project, in the City of EI Cajon; and
WHEREAS, it appears to be in the best interests of the City of EI Cajon 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 Asphalt Concrete Overlay 2010 - Various Locations project, be ordered to be done.
2. That Wednesday, September 15, 2010, 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.
8/10/10 (Item 1.12)
Asphalt Concrete Overlay 2010 Various Locations ntc
.~-_.--~-_.._--~_..~-~-- ._---~ --_ - .._ -~_ ~.- __ _----~_ ..- rCif~Pc!~H~~~t~~i'1 MEETING: Aug. 10,2010
ITEM NO: 1.13 i zOin - 3 P 2' 3t II
DATE: August 3, 2010
TO: Mayor Lewis, Mayor Pro Tem Wells, Councilmembers Hanson-Cox, Kendrick, and McClellan
FROM: Deputy City Manager/Director of Public Works/City Engineer
SUBJECT: Approval of Plans and Specifications to Construct 8" PCC Alley North of EI Cajon Boulevard, Sidewalks and Curb Ramps Various Locations Engineering Job No. 3305, Bid Number 008-11
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 September 2,2010.
BACKGROUND: This project will improve an existing asphalt alley behind El Cajon Boulevard between Millar Avenue and Palm Avenue, to a City of El Cajon standard PCC alley. This alley has been in need of repair for many years and is an area of the redevelopment that has recently undergone a neighborhood stabilization program. This project also includes sidewalks, curb ramps, and a street light in the area surrounding the alley. Plans and specifications are available for review at the City Clerk's Office.
CEQA: The proposed Alley Construction project is categorically exempt from the provisions of the California Environmental Quality Act (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 estimated construction cost is approximately $404,000 and will be funded using Redevelopment 2005 Bonds funds. This work is included in the approved Fiscal Year 2010 - 2011 budget as project PW3305.
PREPARED BY: APPROVED BY: R~TV- ~ Rob Turner KathiJ.HeJlrY DEPUTY CITY MANAGER CITY MANAGER DIRECTOR OF PUBLIC WORKS CITY ENGINEER RESOLUTION NO. -10
RESOLUTION APPROVING PLANS AND SPECIFICATIONS TO CONSTRUCT 8" PCC ALLEY NORTH OF EL CAJON BOULEVARD, SIDEWALKS AND CURB RAMPS - VARIOUS LOCATIONS. (Bid No. 008-11, Job No. 3305).
WHEREAS, the City Engineer has submitted plans and specifications to Construct 8" PCC Alley North of EI Cajon Boulevard, Sidewalks and Curb Ramps - Various Locations, in the City of EI Cajon; 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 to Construct 8" PCC Alley North of EI Cajon Boulevard, Sidewalks and Curb Ramps - Various Locations, in the City of EI Cajon 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.
8/10/10 (Item 1.13)
Construct 8 inch PCC Alley apr RESOLUTION NO. -10
RESOLUTION ORDERING THE WORK AND DIRECTING PUBLICATION OF NOTICE INVITING BIDS TO CONSTRUCT 8" PCC ALLEY NORTH OF EL CAJON BOULEVARD, SIDEWALKS AND CURB RAMPS - VARIOUS LOCATIONS. (Bid No. 008-11, Job No. 3305).
WHEREAS, plans and specifications have been submitted to Construct 8" PCC Alley North of EI Cajon Boulevard, Sidewalks and Curb Ramps - Various Locations project, in the City of EI Cajon; and
WHEREAS, it appears to be in the best interests of the City of EI Cajon 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 project to Construct 8" PCC Alley North of EI Cajon Boulevard, Sidewalks and Curb Ramps - Various Locations, be ordered to be done.
2. That Thursday, September 2,2010, 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.
8/10/10 (Item 1.13)
Construct 8 inch pce Alley ntc r"'c'i'ty"ci~'d~'D~t'~"S't~~p'''1 I I MEETING: 8/10/10 ITEM NO: 4.1 ,10m -w 2' 3J II
DATE: August 3, 2010
TO: Mayor Lewis, Mayor Pro Tern Wells, Councilmembers Hanson-Cox, Kendrick, and McClellan
FROM: City Manager Henry
SUBJECT: Independent Financial Audit and Performance Review ofthe El Cajon Community Development Corporation
RECOMMENDATION: That the City Council accept the final report from Barnett Consulting/Scott Barnett reference the Independent FinancialAudit and Performance Review of the El Cajon Community Development Corporation.
BACKGROUND: The City Council entered into an agreement with Scott Barnett Consulting on December 5, 2010, to perform an independent audit of the Community Development Corporation. Mr. Barnett proposed to review CDC budgets and policies with specific analysis of spending practices and compare the CDC's activities and budget with other Community Development Corporations, Property and Business Improvement Districts and Certified Housing Development Organizations.
City staff received Mr. Barnett's final report on July 12, 2010. A copy of the report was forwarded to the CDC shortly thereafter. Mr. Barnett, members of City staff and stafffrom the CDC met on July 22, 2010, to review the report together in attempt to provide any missing information, correct any misunderstandings andprepare the report for distribution to the City Council. At this time, the report is final. Provided with this agenda report are the Consultant's report; comments and responses from city staffregarding information contained in the report that pertains to the City ofEl Cajon; and comments and responses from the CDC regarding information contained in the report that pertains to the CDC.
Attachments to the Consultant's repol'J.. are voluminous and serve as documentation for the findings and recommendations contained in the report. They have, therefore, not been reproduced with this staff report, but are available in the binder that is held in the City Clerk's office and will be available at the City Council workshop and the City Council meeting in case they are needed.
6'3 FISCAL IMPACT: There is no fiscal impact to the City with the action recommended. The cost ofthe audit and resulting report was $30,000.
PREPARED BY:
Kr:ft~~~-v(-1(jc------CITY MANAGER CITY OF EL CAJON
MEMORANDUM
DATE: August4,2010
/ TO: Kathi Henry, Agency Executive Director / \ J t FROM: Jim O'Grady, Interim Director of Redevelopment and Housing !VVv' SUBJECT: Comments regarding the Independent Financial & Performanc~/Review of the EI Cajon Community Development Corporation
Staff has reviewed Mr. Barnett's findings regarding the City of EI Cajon's partnership with the Community Development Corporation. The report notes a number of areas where changes, especially in record keeping, are recommended. Many of these ideas have merit, but further discussion and explanation is warranted. Specific comments in these areas are as noted below.
Specific Comments
Please note that report comments are listed in bold, and staff comments are listed in regular font.
The City of EI Cajon has not kept track of how the over $600,000 in annual Grants to ECCDC are allocated (page 3, also page 31). The City does maintain records of the expenditures for each grant program and these records are available for a minimum of a five-year period. However, as noted in the report, prior to FY 2009/1 0, the City did not require the ECCDC to break out its administration/overhead costs for each program. However, in the FY 2009/1 0 contracts with the ECCDC, the City did call for such a separation and the City began to separately track administration/overhead for each grant area. Separate tracking of administration/overhead costs will be required in the FY 2010/11 agreements that are now being prepared. Furthermore, the City and the ECCDC are reviewing the grant criteria for these programs and will make changes as needed to ensure that the programs best meet the program goals
The City has NO information of how ECCDC spends over $600,000 in annual PBID/property assessment revenues (page 3) If ECCDC maintains management of PBID, CDC should be required to prepare more detailed expenditure plans to be approved annually by City (page 4).
At the time of certifying the PBID election results, the City Council authorized the levy and collection of assessments. However, under State Law the owners' association (ECCDC) is responsible for preparing an annual report outlining expenditures. This report should be filed with the City Clerk on an annual basis, but the City does not approve the PBID expenditure plan.
City should consider taking more direct control of current ECCDC programs, (especially housing redevelopment, and Grant awards) and/or consider breaking out these tasks to other service providers (page 4).
The ECCDC has not undertaken housing activities on behalf of the City for several years (since the Wisconsin housing project). The Redevelopment Agency currently has contracts with other housing agencies (e.g. Community Housing Works for foreclosure prevention assistance), is currently soliciting competitive proposals for our "Greenovation" housing rehabilitation program, and has partnered with Habitat for Humanity for an affordable housing project.
In other areas, the Agency does enter into Agreements with the CDC for specific services such as design review and administration of fac;ade improvement grants, neighborhood "Iend-a-hand" programs, and utility box art. These programs are generally seen as quite successful, but are reevaluated each year in terms of need, program goals, and cost.
City of EI Cajon destroys Grant applications after Five years, making it impossible to effectively audit expenditures beyond that period. (page 7)
The City does have an overall records retention policy that prescribes retention schedules for all types of documents. In the case noted above, our records policy authorizes destruction of this type of record after a five-year period. This policy was carefully designed following review of applicable State laws, need for the records, and the cost of maintaining older records. The City and Redevelopment Agency also have an independent outside audit conducted on an annual basis.
Wisconsin Cottage project resulted in a subsidy of over $1.3 million, due to poor city coordination with ECCDC, weak ECCDC management, and degrading market conditions. (page 8, also page 40).
The EI Cajon Redevelopment Agency has an obligation under State Law to provide affordable housing. In most cases market conditions require that there be Agency subsidy of project costs. During the time of construction of the Wisconsin Cottages, cost increases of 5 percent or more on construction projects were typical and affected many projects besides the Wisconsin Cottages. Furthermore, there are many other community goals that were addressed through construction of the Wisconsin Cottages. For example, as a result of this project seven households were able to purchase their first home. The project also helped eliminate blight, helped EI Cajon meet its affordable housing goals, and resulted in increased assessed values and property tax revenues.
Conclusion In conclusion, as Mr. Barnett acknowledges, the ECCDC provides valuable services for the community. The City will continue to work with the ECCDC to ensure that our cooperative programs are effective and that records are appropriate and easily accessible to the public. The report as prepared by Scott Barnett outlines a number ofways that records and program effectiveness may be further improved. Staff will work with the ECCDC in the areas noted in this report and as may be further directed by the City Council and Redevelopment Agency. Ensuring the economic vitality of Downtown EI Cajon EI A non-profit SO I(c)(3) community based organization
August 3,2010 Board of Directors John McTighe Chairman of the Board Ms. Kathi Henry City Manager Michael Hood Vice Chair City of EI Cajon Resource Development Chair 200 Civic Center Way JoAnne Bushby EI Caion. CA 92020 Secretary Real Estate DevelopmentVice Chair
Cathy Zeman Dear Ms. Henry: Chief Financial Officer Finance Committee Chair Clean & Safe Advisory Co-Chair Thank you for the opportunity to provide comments and responses to the "Independent Financial & Performance Review of the EI Cajon C1ndi Fargo President & CEO Community Development Corporatiori' prepared by Barnett Consulting. Design Review Chair
Kirk Gentry We have prepared and attached rather extensive comments and Past Chairman of the Board responses to a number of the statements contained in the report. Deborah Bailey While we are pleased that the report has concluded that the "ECCDC County Representative conducts many downtown enhancement tasks extremely well, Mayor ProTem Bill Wells while generating significant benefits to the City of EI Cajon," we City Representative are disappointed with the number of unsupported and undocumented Members-at-Large: conclusions and recommendations contained in the report. Our
Frank Boss. Jr. attached comments and responses provide detailed discussion about those issues. Sharon Dobbins Nina Frontz We strongly disagree that the "City should consider taking more control Kathy Hughes of current CDC programs" and that the "CDC should be required to
Nancy J. Lewis prepare more detailed expenditure plans to be approved annually by Merchant Promotion Co-chair the City." The report does not provide evidence that either of these Sharmista Mitra-Kelly actions is warranted.
Wendy Morris There are three issues raised in the report that we have taken Martin Samo immediate action to correct: Rick Sweeney
Vicki Whitmire • First, the report observed that there was an omission on an IRS Community Development Co-Chair information return (Form 990) for our fiscal year 2008-09. We Cathy Zeman have corrected that entry and filed an amended return with the Clean & Safe Advisory Chair IRS (see attachment). Saad Hirmez Economic and Arts • Second, the report takes note of the spouse of the former CEO Development Co-chair was hired to be the Clean and Safe Manager. While every CorporateAdvisor reasonable effort was made to insure that there was no Cole Davis Marketing and Public improper conduct in the hiring and supervision of the noted Relations Consultant employee, we agree that going forward, the CDC should not allow the employment of spouses. The Board of Directors will be considering a nepotism policy at its September meeting that will prohibit the employment of any relative of current employees.
Corporate Office 131 East Main Street.Suite 20I EI Cajon. CA 92020 Tel: (619) 401-8858 Fax: (61 9) 401-8870 I) Third, the report is critical that the CDC's Executive Committee does not keep and report formal minutes of meetings. Effective immediately, formal minutes of Executive Committee meetings will betaken and reported at subsequent Board of Directors meetings.
We look forward to meeting with the City Council on August 10, 2010 to discuss these issues and answer any questions they may have..
~~ Cindi Fargo ... Chief Executive Officer EI Cajon Community Development Corporation's comments & responses to statements made in "Independent Financial & Performance Review of the EI Cajon Community Development Corporation" By Barnett Consulting/Scott Barnett Dated July 26, 2010
Page 3
Statement: ECCDC has confusing, convoluted and at times non-transparent budgeting and management practices. It appears to have limited Board oversight ofkey decisions, and devolves critical decisions to the Executive Committee which keeps no records ofits attendance and actions. Comment/Response: As detailed in the following comments and responses to specific findings below, the CDC disagrees with this sweeping finding. As noted in those responses, the budgeting and accounting practices have been commended by financial professionals and the oversight ofthe Board ofDirectors in decision making is well documented and appropriate. Informal records have been kept ofattendance and actions at Executive Committee meetings which have been orally shared at Board meetings. In the future, such actions will be recorded in formal minutes that will be published at each Board meeting following Executive Committee meetings.
Statement: It is unclear where over $1 million in Grant funds awarded to CDC from 2003 through 2009 has been spent. [repeated on page 6 and page 27] Comment/Response: Funds granted to the CDC are for a variety ofpurposes as indicated in the report. It is important to note, that in addition to funds granted by the Ei Cajon Redevelopment Agency, the CDC receives grants from banks, private foundations, other non-profit organizations and other government agencies. The conclusion reached by the consultant that there was over $1 million in unspent grant funds is erroneous because it was based on comparing data from two unrelated sources. Some funds are granted to the CDC by the Redevelopment Agency for direct services provided by the CDC, while others are granted to the CDC for the purpose ofproviding financial assistance to business and property owners within the downtown district for such things as fayade improvements and business development. The CDC receives a small percentage ofthe grant funding to cover the cost of administration ofthe granted programs. When not all ofthe funds initially granted are earned, the Redevelopment Agency does not reimburse the CDC up to the total "granted." Hence, as shown on the CDC-supplied table on page 31, the difference between the Redevelopment Agency's "awarded" and "used" funds for the entire seven year period from FY 2002-03 through FY 2008-09 was $159,056.69. The additional grant funds that the consultant totaled from CDC financial statements from 2003 through 2009 were funds received from organizations other than the EI Cajon Redevelopment Agency and were spent for the purposes granted.
Statement: City should consider taking more direct control ofcurrent ECCDC programs, (especially housing redevelopment, and Grant awards) and/or consider breaking out these tasks to other service providers. Comment/Response: The report does not provide evidence to support this recommendation. Ifit is the opinion ofthe report author, it should be stated as such.
1 8/2/2010 EI Cajon Community Development Corporation/s comments & responses to statements made in "Independent Financial & Performance Review of the EI Cajon Community Development Corporation" By Barnett Consulting/Scott Barnett Dated July 26/ 2010
Statement: IfECCDC maintains management ofPBID, CDC should be required to prepare more detailed expenditure plans to be approved annually by City. Comment/Response: The report does not provide evidence to support this recommendation. Ifit is the opinion ofthe report author, it should be stated as such.
Page 4
Statement: At minimum, the ECCDC should re-invigorate its Board oversight procedures, its transparency practices and completely revamp its budgeting to ensure greater clarity and transparency. Comment/Response: See the response to the first statement above. The CDC strongly disagrees with this recommendation in that it is not supported by the analysis and findings presented in the report. Ifit is the opinion ofthe report author, it should be stated as such.
PageS
Statement: About 90% ofCDC revenues come from public resources (government grants, and property assessments) Comment/Response: Ofthe total fiscal year 2008-09 revenue of$1,479,068, $480,554, or 32.5% was derived from the Property Business Improvement District (PBID) self-assessment ofprivate property owners which is dedicated to downtown development and services benefiting the properties.· The City, City Redevelopment Agency, County and Metropolitan Transit System paid an additional $199,452, or 13.5% ofthe total revenue for the benefits to the public properties they own within the PBID. Another, $479,953, or 32.5% was from pass through grants from the Redevelopment Agency which go to directly to property and business owners for fayade improvements and business development. The remaining 21.5%, or $319,109 ofthe CDC's revenue was derived from a combination ofdonations, advertising income, sponsorships, vendors, and grants for specified programs.
Statement: CDC's budgeting and financial tracking is confusing and convoluted, making it almost impossible to effectively follow the expenditures ofpublic funds Comment/Response: The CDC budgeting and financial tracking systems have been developed over many years in order to fairly and accurately portray the financial transactions ofthe organization. The CDC uses the services ofan independent Certified Public Accounting firm to guide it in the establishment ofbudgeting and financial reporting procedures. The budgeting process involves very detailed worksheets that reflect anticipated revenues and expenditures. The CDC Finance Committee which consists ofrepresentatives from. thy.bank which CDC does business with and from the City Redevelopment Agency, as well as members ofthe Board ofDirectors ofthe CDC, reviews the budget in detail before making a recommendation to the full Board ofDirectors concerning its adoption. Financial reports including income & expense, and balance sheet, are provided to and reviewed with the Board each month. Semi-annually, the CDC's contracted CPA reviews the financial statements for consistency and accuracy. Annually, an independent financial audit is performed by an auditor experienced with non-profit organizations. These skilled financial
2 8/2/2010 EI Cajon Community Development Corporation's comments & responses to statements made in "Independent Financial & Performance Review ofthe EI Cajon Community Development Corporation" By Barnett Consulting/Scott Barnett Dated July 26, 2010 professionals have consistently commended the CDC for its accurate and transparent budgeting and accounting.
Statement: Line items budget revenue and expenditure projections are consistently wrong Comment/Response: Budgets are plans for expenditures based on estimates ofrevenues. They are subject to variation during execution. They provide a financial roadmap, but do not include every pothole or bend in the road. It is important that a procedure exists for monitoring budgets so that when it is necessary to make changes, it can happen without endangering the overall mission ofthe organization. The CDC has consistently demonstrated that through the combination ofskilled staffand dedicated volunteers on the Board of Directors and Finance Committee, it can deal with the occasional need to make mid-year adjustments in the budget.
Statement: Finance Manager is extremely detailed and knowledgeable, but too much reliance is placed on this one individual for this most critical task Comment/Response: The Finance and Human Resources Manager is indeed a valued employee who possesses a great deal ofknowledge about the organization's finances. Both the Finance and Human Resources Manager and the CDC's accountant are appropriately responsible for maintaining the highest level ofdetailed information regarding the financial operations ofthe CDC. In the absence ofthe Finance and Human Resource Manager, any individual with knowledge ofgenerally accepted accounting practices (GAAP) for non-profit organizations would be able to step in and perform daily, monthly and annual bookkeeping entries and produce accurate financial reports. As is the case with all responsibly operating agencies, the CDC has adopted a Sustainability Plan which identifies and provides for the immediate and short-term continuity for this function.
Statement: ECCDC faces consistent cash-flow challenges Comment/Response: We agree that the CDC has faced cash flow challenges as have many other organizations during this economic downturn. However, the CDC has demonstrated its ability to monitor and adjust spending to allow continued provision ofthe highest quality of services. It is noteworthy that in spite ofdifficult economic times, the CDC has a $100,000 line ofcredit, with no current balance owed.
Statement: Limited to no Board oversight/participation in budget preparation and oversight Comment/Response: The appropriate role ofan organization's Board ofDirectors is the approval ofan annual budget and oversight ofincome and expenditures. The budget is developed according to Board approved Policies and Procedures. Briefly, the steps involve Department Managers with the input oftheir respective committees (all committees have Board Members as chairs and active members) develop their budgets. All budgets are submitted to the CEO for review. The Department budgets are compiled into an organizational budget and presented to the Finance Committee which consists ofBoard Members, representatives from the City Redevelopment Agency and the CDC's bank. After careful review and discussion, modifications are made ifnecessary and then by formal vote,
3 8/2/2010 EI Cajon Community Development Corporation's comments & responses to statements made in "Independent Financial & Performance Review of the EI Cajon Community Development Corporation" By Barnett Consulting/Scott Barnett Dated July 26, 2010
the Finance Committee recommends adoption ofthe budget to the full Board ofDirectors. The CFO (a volunteer Board Member) presents the budget to the Board ofDirectors for consideration and adoption. The Board is given an opportunity to ask questions and discuss any items in the budget prior to adoption at the June Board meeting. Financial reports including income and expense, and balance sheet are provided to and reviewed with the Board each month. The Finance Committee meets at least quarterly to review the finances against the budget and to recommend to the Board any necessary adjustments. All Finance Committee meetings are open to any Board Member or member ofthe public who wishes to attend.
Statement: There is no detailed annual expenditure plan for $600,000 in PBID assessment revenues [repeated on page 6] Comment/Response: As noted previously, the PBID assessment revenues are expended in accordance with the PBID Management Plan. The categories shown in the plan are the minimums that are to be expended in each area, and in fact, the annual budget assures that at least the amounts shown in the management plan are budgeted (and subsequently spent) in each ofthose categories. .
Statement: Records show significant variances in the amount ofits rent payments Comment/Response: There were indeed significant variances in the amount ofrent payments over the last several years due to the need to rent multiple facilities to house the expanding work ofthe CDC and then the consolidation ofthose locations in one, overall larger location at 131 East Main Street.
Statement: Records show significant variances in the reporting ofits expenditures of Salaries. Comment/Response: The report does not provide evidence to support this finding. Ifit is the opinion ofthe report author, it should be stated as such.
Statement: Its salaries are generally in-line with job descriptions, however number of employees may be difficult to sustain. Comment/Response: The staffing level ofthe CDC is established each year through the budget process and is based upon a reasonable expectation ofrevenue to support the positions included within the budget.
Page 6
Statement: It is unclear how unused CDC Grant funds (over $1 million since 2003) are allocated each year. [repeated on page 3 and page 27] Comment/Response: Funds granted to the CDC are for a variety ofpurposes as indicated in the report. It is important to note, that in addition to funds granted by the El Cajon Redevelopment Agency, the CDC receives grants from banks, private foundations, other non-profit organizations and other government agencies. The conclusion reached by the consultant that there was over $1 million in unspent grant funds is erroneous because it was
4 8/2/2010 EI Cajon Community Development Corporation's comments & responses to statements made in "Independent Financial & Performance Review of the EI Cajon Community Development Corporation" By Barnett Consulting/Scott Barnett Dated July 26, 2010
based on comparing data from two unrelated sources. Some funds are granted to the CDC by the Redevelopment Agency for direct services provided by the CDC, while others are granted to the CDC for the purpose ofproviding financial assistance to business and property owners within the downtown district for such things as fa<;ade improvements and business development. The CDC receives a small percentage ofthe grant funding to cover the cost of administration ofthe granted programs. When not all ofthe funds initially granted are earned, the Redevelopment Agency does not reimburse the CDC up to the total "granted." Hence, as shown on the CDC-supplied table on page 28, the difference between the Redevelopment Agency's "awarded" and "used" funds for the entire seven year period from FY 2002-03 through FY 2008-09 was $159,056.69. The additional grant funds that the consultant totaled from CDC financial statements from 2003 through 2009 were funds received from organizations other than the El Cajon Redevelopment Agency and were spent for the purposes granted.
Statement: Exec Committee makes significant decisions without informing full board Comment/Response: The Executive Committee meets on an infrequent basis only as needed for urgent policy direction to the CEO between Board meetings or to review personnel issues in confidence with the CEO. All actions ofthe Executive Committee were reported by either the CEO or the Chairman ofthe Board ofDirectors at the next subsequent Board meeting. In the absence ofa CEO from lateDecember 2009 through late June 2010, the Executive Committee met more frequently for the purpose ofreviewing staffoperations (a function normally conducted by the CEO). Most meetings involved routine, administrative, non-policy issues that were not reported to the Board ofDirectors. The Chairman ofBoard reports policy actions ofthe Executive Committee at the next subsequent Board meeting following the Executive Committee meeting.
Statement: Exec Committee keeps no records ofits meeting attendance or decisions Comment/Response: The CEO and Board Secretary keep notes ofthe attendance, discussion and action items ofeach Executive Committee meeting. However, there are no formal minutes ofthese meetings kept. In the future, a formal set ofminutes will be kept of all Executive Committee meetings, except for those pOliions dealing with confidential personnel issues.
Statement: ECCDC Board is left uninformed on crucial financial decisions, resulting in lax oversight Comment/Response: As noted elsewhere in this response, this statement is without merit or support in fact. To our knowledge, only two current Board members were consulted during this study and neither indicated they felt uniformed on crucial financial decisions.
Statement: CEO employed spouse as direct report employee-board apparently not informed/aware Comment/Response: The appointment ofRon Seguin to the Clean and Safe Manager position was overseen by El Cajon Police Lt. Jim Cunningham, as the chair ofthe CDC
5 8/2/2010 EI Cajon Community Development Corporation's comments & responses to statements made in "Independent Financial & Performance Review of the EI Cajon Community Development Corporation" By Barnett Consulting/Scott Barnett Dated July 26, 2010
selection committee. The former CEO did not participate in the decision to employ Mr. Seguin. He was recommended for appointment to this position because he was judged to be well qualified for the position. The then-seated Board ofDirectors was apprised at the time ofappointment that Mr. Seguin was Ms. Carpenter's husband. Care was taken in the reporting relationships to assure that Mr. Seguin did not report directly to Ms. Carpenter.
Statement: CEO approved three outside consulting contracts just prior to departure. There is no record showing approval by Exec Committee or Board ofDirectors. Comment/Response: The former CEO approved these contracts with the knowledge and approval ofthe Executive Committee at its meeting on December 10,2009 as part ofthe transition from having a CEO to temporarily operating without one. Two ofthe contracts cited were modifications to existing consultant agreements, one for a reduction in services and one for a temporary increase in services during the upcoming vacancy ofthe CEO. The third contract was for a resource development consultant to assist with fundraising and sponsorship sales for the upcoming event season which began in June 2010. The Board was informed ofthese contracts at subsequent Board meetings.
Statement: There is no detailed annual expenditure plan for $600,000 in PBID assessment revenues [repeated on page 3] Comment/Response: As noted previously, the PBID assessment revenues are expended in accordance with the PBID Management Plan. The categories shown in the plan are the minimums that are to be expended in each area, and in fact, the annual budget assures that at least the amounts shown in the management plan are budgeted (and subsequently spent) in each ofthose categories.
Page 7
Statement: Wisconsin Cottage project resulted in a subsidy ofover $1.3 million, due to poor city coordination with ECCDC, weak ECCDC management, and degrading market conditions. Comment/Response: This finding is not supported by the analysis. This project was an important public-private partnership between the City ofEI Cajon Redevelopment Agency and the CDC for the purpose ofproducing affordable housing on a previously blighted parcel ofthe downtown. This project achieved its goal with the sale ofseven units to qualified moderate income families. Degrading market conditions did contribute to an increase in cost and a decrease in the final sales price for the units. However, the increased cost over the four year period between planning and completion ofthis project averaged approximately 5% per year, which was well within the market conditions experienced by comparable projects at that time.
6 8/2/2010 EI Cajon Community Development Corporation's comments & responses to statements made in "Independent Financial & Performance Review of the EI Cajon Community Development Corporation" By Barnett Consulting/Scott Barnett Dated July 26, 2010
Page 10
Statement: While a detailed review of2002 through 2009 is available in the appendix, these two tables below show the overall growth ofrevenues and expenditures over 7 full years. The one consistency throughout these years is a significant variance between budgeted and actual numbers. Variances ofthis sort are not uncommon in early years ofoperation ofnew organizations, but the continued variances through-out the years demonstrate a lack of critical budget oversight. Comment/Response: As seen on the tables on pages 10 and 11, both the amount and the percentage ofthe variance between budget and actual revenues and expenditures was less in fiscal year 2009 than in fiscal year 2003. Previous responses have documented the critical budget oversight provided by staffand Board.
Statement: Budget and Finance Oversight: The ECCDC Finance & HR Manager has an impressive grasp on the myriad ofrevenue sources, expenditures and the rather convoluted financial structure. However, the "knowledge" and expertise seems almost wholly within the grasp ofthis one person. The riskis that this most critical aspect ofthe CDC is almost indecipherable by anyone else. CommentlResponse: As noted elsewhere [see response to finding made on page 5 ofaudit report], the Finance and Human Resources Manager is a critical member ofthe CDC's management team. Both her long tenure and extensive knowledge about the finances ofthe organization make her an extremely valuable member ofthe staffteam. Department managers are knowledgeable about the finances related to their departments. A sustainability plan has been developed that provides a long-term plan should a temporary or permanent vacancy occur in this position.
Page 15
Statement: The FY 2007 and 2008 Form 990's show "Compensation officers, directors, etc" as a separate line-item (as required by Form 990), which is consistent with the "Total salaries" shown for 2008 $827,944. FY 2007 financial statements however show "Total Salaries" of $735,395 as opposed to $714,675 on Form 990 (when adding CEO to other salaries and wages) a difference of$20,720. According to CDC the practice ofNOT breaking out the CEO salary on the 08/09 Form 990 was an oversight which will be corrected. Comment/Response: An omission error was made by the CPA firm preparing Form 990 for fiscal year 2009, leaving out the "Compensation officers, directors, etc." line-item. An amended Form 990 correcting that omission has been prepared and filed with the IRS (see attached Form 990).
Statement: While the salaries themselves are in-line with the employee responsibilities, the larger issue is the whether the CDC can sustain the number ofemployees given the ongoing cash flow challenges and potential diminution offuture city Grant funding given the tough fiscal circumstances facing cities.
7 8/2/2010 t,S EI Cajon Community Development Corporation's comments & responses to statements made in "Independent Financial & Performance Review of the EI Cajon Community Development Corporation" By Barnett Consulting/Scott Barnett Dated July 26, 2010
Comment/Response: The staffing level ofthe CDC is established each year through the budget process and is based upon a reasonable expectation ofrevenue to support the positions included within the budget. Grant funding from the City ofEI Cajon has historically come from the City Redevelopment Agency and is based on the tax increment the Redevelopment Agency is obligated to spend within the boundaries ofthe Redevelopment Agency. The CDC does not receive City ofEl Cajon general fund revenue.
Page 16
Statement: After receiving a line-item break down ofthese expenditures, it is not clear why these 1400 individual line items were placed in the Outside Services category, as opposed to being designated under specific budget items. Comment/Response: Outside Services is a budget and accounting line item term. The category is used to account for expenditures that are provided by outside (non-employee) vendors and/or to pay for grants provided to businesses through the various grant programs. The "1400 individual line items" referred to by the consultant are not budgeted line-items, but rather detailed ledger transactions each representing a specific payment made during the period reported.
Page 17
Statement: When it was found that the financial statements did not match the lease amounts on rental agreements, we requested a detailed breakdown ofthe rental payments, which were supplied for FY '08/'09/10. All three sources show DIFFERING rental amounts. Comment/Response: The discrepancy in the fiscal year 2009 rent amount was due to a clerical error which had the line-items for "Resource Development" and "Rent" reversed in the financial statement. Since expenses line-items are in alphabetical order, the "Rent" line item should come before the "Resource Development" line-item. The budgeted amounts shown on the financial statement for those two line-items are correct, but the "Actual YTD June 30" amounts are reversed. Therefore, the financial statement total for pre-audit year end rent should have read $69,788 and the total for pre-audit year-end resource development should have read $26,326.
Page 20
Statement: The Assessment revenues are applied to the Clean & Safe program, Marketing & Promotions, Administrative, Management, Corporate Operations and a Contingency/Reserve. While the April 28, 2006 PBID Management Plan does list specific "Examples" where each PBID category would apply its funds, (with the caveat: "Examples include, but are not limited to") there is no way to determine in detail where these public assessed dollars have been spent. Comment/Response: The CDC is obligated by the Management Plan to spend at least the minimum amounts shown in the plan for the activities listed. The annual audited financial statements and annual reports ofthe CDC have consistently reported the CDC spending more
8 8/2/2010 fib EI Cajon Community Development Corporation's comments & responses to statements made in "Independent Financial & Performance Review of the EI Cajon Community Development Corporation" By Barnett Consulting/Scott Barnett Dated July 26, 2010
than the minimum in each category, demonstrating that the CDC successfully leverages the property assessments for a greater return to the property owners.
Page 23
Statement: Regarding the "timing ofrevenues" issue, the PBID assessments are paid by property owners at the time oftheir property tax payment. The time when revenue is received is a legitimate cash flow issue, but not a reason to preclude detailing budget expenditures. Regarding the issue of"default" by property owners, that is what the contingency reserve is for.
The lack ofdetail raises concerns that these publicly assessed funds could potentially be expended for inappropriate uses, un-related to the management ofthe PBID. However there is no evidence ofthis. Comment/Response: The timing ofthe receipt ofassessment revenue does indeed provide a cash flow management challenge to the CDC to meet all ofits financial obligations when due. All budget expenditures ofthe CDC are detailed by month and department. This includes those expenditures related to the Downtown Management District from revenues derived from property assessments as well as revenues received from grants and other sources. As noted elsewhere in this response, the total annual expenditures exceed the minimum amounts contained in the Downtown Management Plan which is the basis for the Property Business Improvement District (PBID) assessment.
Page 27
Statement: According to Financial Statements, the total CDC Grant Income received between FY2003 and 2009 was $3.1 million, while just over $2 Million was allocated "used" by grant recipients. It is not indicated where the additional $1 million was spent, However, it is likely that these funds were used internally by CDC for projects or services which were not spent as part ofthe Grant-Award process. But at this point it is not known where the funds were actually spent. In other words, are they escrowed until next fiscal year or used to maintain cash-flow? [repeated on page 3 and page 6] Comment/Response: Funds granted to the CDC are for a variety ofpurposes as indicated in the report. It is important to note, that in addition to funds granted by the El Cajon Redevelopment Agency, the CDC receives grants from banks, private foundations, other non-profit organizations, and other government agencies. The conclusion reached by the consultant that there was over $1 million in unspent grant funds is erroneous because it was based on comparing data from two unrelated sources. Some funds are granted to the CDC by the Redevelopment Agency for direct services provided by the CDC, while others are granted to the CDC for the purpose ofproviding financial assistance to business and property owners within the downtown district for such things as fayade improvements and business development. The CDC receives a small percentage ofthe grant funding to cover the cost of administration ofthe granted programs. When not all ofthe funds initially granted are
9 8/2/2010 EI Cajon Community Development Corporation's comments & responses to statements made in IIlndependent Financial & Performance Review ofthe EI Cajon Community Development Corporationll By Barnett Consulting/Scott Barnett Dated July 26, 2010
earned, the Redevelopment Agency does not reimburse the CDC up to the total "granted." Hence, as shown on the CDC-supplied table on page 28, the difference between the Redevelopment Agency's "awarded" and "used" funds for the entire seven year period from FY 2002-03 through FY 2008-09 was $159,056.69. The additional grant funds that the consultant totaled from CDC financial statements from 2003 through 2009 were funds received from organizations other than the El Cajon Redevelopment Agency and were spent for the purposes granted.
Page 36
Statement: Poor management/oversight ofproject: Total development costs increased from $2.8 to $3.5 million from initial estimates in 2004 through construction in 2009. This on top ofthe elimination ofone unit resulted in a significant subsidy ofover $1.3 million by the City Redevelopment Agency. The ECCDC should have re-evaluated the viability ofthe project at that time. Comment/Response: As previously noted, the Wisconsin Cottages project was a very significant public-private partnership between the El Cajon Redevelopment Agency and the CDC. Like most housing development projects during the same period, the project was subjected to increases in cost between inception ofplanning to completion ofconstruction. In total, the approximate $700,000 increase in cost averaged approximately 5% per year over the five year period stated. This was well in line with comparable projects throughout East County at that time. The Real Estate Development Team (Board Members, City Redevelopment Director, Planning Manager, and Bank Home Financing Specialist) did re evaluate the project several times during the planning period as costs were exceeding budget. In each instance, the RED Team determined that the project was still viable and needed to continue. It would have been a fiscally unsound decision to abandon the project. The $1.3 million "subsidy" stated by the consultant was an investment by the Redevelopment Agency toward accomplishing the purposes ofthe project which were to provide housing for moderate income residents and increase the assessed valuation within the downtown.
Page 38
Statement: When asked to review the Executive Committee Minutes showing approval, we were told that CDC "does not keep minutes ofthe Executive Committee meetings." This is disturbing in that while the Bylaws allows the Board to Delegate certain authority to the Executive Committee, approval ofcontracts should be reviewed or at least ratified by the entire Board. In addition, with minutes kept ofExecutive Committee Meetings, there is no way to determine who attended, ifthere were quorums, and ifproper procedures are being followed Comment/Response: The CEO and Board Secretary keep notes ofthe attendance, discussion and action items ofeach Executive Committee meeting. However, there are no formal minutes ofthese meetings kept. In the future, a formal set ofminutes will be kept of
10 8/2/2010 EI Cajon Community Development Corporation's comments & responses to statements made in "Independent Financial & Performance Review of the EI Cajon Community Development Corporation" By Barnett Consulting/Scott Barnett Dated July 26, 2010 all Executive Committee meetings, except for those portions dealing with confidential personnel issues.
Statement: While in no way a reflection on the quality ofthe work ofthe CDC Employee, who all indications are has been an exemplary employee, it is imprudent to have the CEO hire her husband. Comment/Response: As noted previously, the selection ofthe spouse ofthe former CEO for the Clean & Safe Manager position was overseen by El Cajon Police Lt. Jim Cunningham, as chair ofthe CDC selection committee, and not by the former CEO. Safeguards were put in place during his employment to assure that he did not directly report to the CEO. The Board ofDirectors at the time ofhis selection and initial employment were informed that he was the spouse ofthe then-CEO. The CDC is developing a nepotism policy that will be adopted by the Board ofDirectors at its September meeting that will prohibit any future employment of direct family members.
11 8/2/2010 Independent Financial & Performance Review of the EI Cajon Community Development Corporation
For the City ofEI Cajon
By Barnett Consulting/Scott Barnett
July 12, 2010
Barnett Consulting -- 7770 Regents Road, 113-286, San Diego, CA 92122 -- 619-857-1857
scoWmscott-barnett.com
70 Table of Contents
Page 3 Key Findings and Recommendations
Page 4 Specific Findings
Page 5-7 ECCDC Basic Facts and Findings
Page 8-36 Detailed Findings
Page 37 Other ECCDC Issues
Page 38 Consultant
Page 39-41 Documents Reviewed
2
'1/ KEY FINDINGS and RECOMMENDATIONS
Overall Conclusions:
ECCDC conducts many downtown enhancement tasks extremely well, while generating significant benefits to the City ofEI Cajon.
However, ECCDC has confusing, convoluted and at times non-transparent budgeting and management practices. It appears to have limited Board oversight ofkey decisions, and devolves critical decisions to the Executive Committee which keeps no records ofits attendance and actions.
The City ofEI Cajon has had poor tracking of how ofthe over $600,000 in annual Grants to ECCDC are allocated, and has NO information ofhow ECCDC spends over $600,000 in annual PBID/property assessment revenues.
General Recommendations:
• City should consider taking more direct control of current ECeDC programs, (especially housing redevelopment, and Grant awards) and/or consider breaking out these tasks to other service providers.
• IfECCDC maintains management ofPBID, CDC should be required to prepare more detailed expenditure plans to be approved annually by City.
• The City of EI Cajon should conduct a review ofthe Redevelopment Department's budget and procedures to ensure that lack tracking of CDC Grants is not systematic of a larger problem.
• At minimum, the ECCDC should re-invigorate its Board oversight procedures, its transparency practices and completely revamp its budgeting to ensure greater clarity and transparency.
3 Specific findings: (These findings are based on the data researched and with discussions with CDC Board/Staff)
El Cajon CDC (ECCDC) diligently accomplishes a variety ofpopular programs benefitting the city, citizens and visitors to El Cajon. These highlights include implementation and oversight of:
• Clean and Safe Program • Fayade Improvement Program 41 Lend a Hand program
In addition the CDC produces a variety ofsuccessful and popular programs which promote El Cajon including, but not limited to:
" A Toast to Music • Homeownership Fair • Concerts on the Green • Cajon Classic Cruise
EDC is a focal point for generating a significant level ofvolunteer activities by CDC board members and other volunteers, which benefits the city and citizens.
While it's hard to quantify the net fiscal or economic impact ofthese activities, especially on generating enhanced economic activity for local businesses, these and other CDC programs augment the pride felt by citizens and add to the "community benefits" which could attract additional patronage ofDowntown El Cajon.
4 ECCDC-Basic Facts and Findings (FY 2009)
Budget:
Total income went from $875,246 in 2003 to $1,479,068 in 2009.
About 90% ofCDC revenues come from public resources (government grants, and property assessments)
In 2009 $145,903 ofCDC funds came from private sources
Expenses went from $967,656 in 2003 to $1,561,424 in 2009
CDC's budgeting and financial tracking is confusing and convoluted, making it almost impossible to effectively follow the expenditures ofpublic funds
Line items budget revenue and expenditure projections are consistently wrong
Finance Manager is extremely detailed and knowledgeable, but too much reliance is placed on this one individual for this most critical task
ECCDC faces consistent cash-flow challenges
Limited to no Board oversight/participation in budget preparation and oversight
There is no detailed annual expenditure plan for $600,000 in PBID assessment revenues
Records show significant variances in the amount ofits rent payments
ECCDC has as ofNovember 2009, $150,000 in outstanding debt
Salaries:
Records show significant variances in the reporting ofits expenditures ofSalaries. CDC supplied Financial Statements and IRS 990 Forms show FY 2009 salaries of$736,054, whereas CDC supplied salary table shows $534,611 a difference ofover $200,000.
Its salaries are generally in-line with job descriptions, however number ofemployees may be difficult to sustain.
5 Grants:
The City ofEI Cajon has had poor tracking of how ofthe over $600,000 in annual Grants to ECCDC are allocated
City of EI Cajon unable to detennine ifGrant funds are spent as intended and how much ofGrant funds are spent on Administration and Overhead
City ofEI Cajon destroys Grant applications after two years, making it impossible to effectively audit expenditures
It's unclear how unused CDC Grant funds are allocated each year
Procedures/Oversight:
Exec Committee makes significant decisions without informing full board
Exec Committee keeps no records ofits meeting attendance or decisions
ECCDC Board is left uninfonned on crucial financial decisions, resulting in lax oversight
CEO employed spouse as direct report employee-board apparently not informed/aware
CEO approved three outside consulting contracts just prior to departure. There is no record showing approval by Exec Committee or Board ofDirectors
There is no detailed annual expenditure plan for approximately $600,000 in annual PBID assessment revenues
City ofEI Cajon has NOT (until last year) categorized the approx. $600,000 in Grant awards to ECCDC
City ofEI Cajon is unable to detennine if Grant funds are spent as intended and how much ofGrant funds are spent on Administration and Overhead
City ofEI Cajon destroys Grant applications after two years, making it impossible to effectively audit expenditures
Wisconsin Cottages:
Wisconsin Cottage Project was a successful physical improvement for El Cajon
Wisconsin Cottage project resulted in a subsidy ofover $1.3 million, due to poor city coordination with ECCDC, weak ECCDC management, and degrading market conditions.
6 Independent Financial & Performance Review ofthe EI Cajon Community Development Corporation
Mission Statement of£1 Cajon CDC
The EI Cajon CDC is an independent 501 (c)(3) non-profit community development corporation that was established in 1996 through a grassroots effort by local government, business owners, and residents. EI Cajon CDC takes part in, andproactively works toward the many revitalization efforts in Downtown El Cajon.
The El Cajon CDC is a non-profit public benefit corporation, incorporated August 22, 2001Barnett Consulting/Scott Barnett was retained by the city of£1 Cajon to conduct an Independent Financial & Performance Review ofthe £1 Cajon Community Development Corporation: The review included the following tasks:
A review of CDC budgets and policies with specific analysis ofspending practices.
Study conducted a detailed evaluation ofspecific projects and programs including:
•A line item by line item review ofbudgeted expenditures • CDC Grants • Property Based Improvement District (PBID) • Fa<;ade Improvements • Clean & Safe Program • Lend a Hand • Wisconsin Street Housing Project • Community Housing Development Organization (CHDO)
7 Detailed Findings
El Cajon CDC diligently accomplishes a variety ofpopular programs benefitting the city, citizens and visitors to EI Cajon. These highlights include implementation and oversight of:
Clean and Safe Program Fayade Improvement Program Lend a Hand program
In addition the CDC produces a variety ofsuccessful and popular programs which promote EI Cajon including:
It A Toast to Music • Homeownership Fair • Concerts on the Green • Cajon Classic Cruise
While it's hard to quantify the net fiscal or economic impact ofthese activities, especially on generating enhanced economic activity for local businesses, these and other CDC programs enhance the pride felt by citizens and add to the "community benefits" which could attract additional non-resident shopping activities to the City.
EDC is a focal point for generating a significant level ofvolunteer activities by CDC board members and other volunteers, which benefits the city and citizens.
8
7'7 CDC Budget Review.
This analysis conducted a line item by line item review ofbudgeted expenditures from 2002 through 2009, by examining CDC Financial Statements, CDC Budget schedules and IRS Forms 990 (2006 2008), filed by the CDC.
Significant growth
The ECCDe's budget doubled from 2003 to 2005, with funds tapering off in recent years.
Income:
Total income went from $875,246 in 2003 to $1,479,068 in 2009. About 90% ofCDC revenues come from public resources (assessmentincome and City ofEl Cajon Grants). In 2009 $145,903 ofCDC funds came from private sources.
Expenses:
Expenses went from $967,656 in '03 to $1,561,424 in 2009
While a detailed review of2002 through 2009 is available in the appendix, these two tables below show the overall growth ofrevenues and expenditures over 7 full years. The one consistency throughout these years is a significant variance between budgeted and actual numbers. Variances ofthis sort are not uncommon in early years ofoperation ofnew organizations; but the continued variances through-out the years demonstrate a lack ofcritical budget oversight.
Budget and Finance Oversight: The ECCDC Finance & HR Manager has an impressive grasp on the myriad ofrevenue sources, expenditures and the rather convoluted financial structure. However, the "knowledge" and expertise seems almost wholly within the grasp ofthis one person. The risk is that this most critical aspect ofthe CDC is almost indecipherable by anyone else.
9 ECCDC Total Income and Expense
$2,000,000 ,---~--._~---,.-,-,-~------.._-_ ....._------_.-----...------..----..------.-..------..-----
$1,500,000
$1,250,000
2003 2004 2005 2006 2007 2008 2009
-Income -Expense
Budget Table 2003
SOlJrce:Schedule I, YearEnded May31,2002 (5 month) and June 30,2003 through2009
10 Budget Table 2009
Chart showing 2009 expenditures. Categories designated by CDC.
ECCDC Expenses by Program 2009
IIll Administration
11II Community Enhancement
Design
III Economic Restructuring
I!!ll Housing
Organization
Promotion
Line item detailed review of2002-2009 revenues/expenditures are available in the appendix 11
80 ECCDC Debt
According to the November 19,2009 Independent Auditors Report, the ECCDC has the following obligations as ofJune 30, 2009:
• Bank Line ofCredit $100,000 Owes $99,959 (min interest: 5.25%) Matures September, 2010
• City ofEl Cajon $100,000 For capital projects to be paid back in two installments of $50,000 on June 30, 2010; and June 30, 2011 (plus 3% interest)
12 ECCDC Salaries and Benefits FY 2009
Note: CEO salary is "budgeted" as she left December 2009
The data above was received based on a request for a list ofall current employee positions/salaries and benefits. This chart shows 2009 total salarieslbenefits as $534,611. But a review of CDC supplied Financial Statements and IRS 990 Forms show FY 2009 salaries of$736,054, a difference ofover $200,000.
In addition, the 2007 and 2008 Form 990's show "Compensation officers, directors, etc" as a separate line-item (as required by Form 990), which is consistent with the "Total salaries" shown for 2008 $827,944, but it is not clear why this practice was discontinued in 2009. (CEO is considered an "officer"). 13 ECCDC Salary and Related Expenses
$900,000 $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $- 2003 2004 2005 2006 2007 2008 2009
-Salary and Related Expenses
Source: CDC financial statements
While the salaries themselves are in-line with the employee responsibilities, the larger issue is the whether the CDC can sustain the number ofemployees given the ongoing cash flow challenges and potential diminution offuture city Grant funding given the tough fiscal circumstances facing cities.
14 Outside Services
Outside Services is a broad category which encompassed over $ 2.2 million in expenditures from June 2005 through April 2010 (the time period in which data was made available by CDC) CDC removed the name ofthe specific vendor which supplied the various Outside Services.
After receiving a line-item break down ofthese expenditures, it is not clear why these 1400 individual line items were placed in the Outside Services category, as opposed to being designated under specific budget items. An analysis ofthe expenditures showed that these funds were spent in the following major categories:
NOTE: Details ofall 1400 line items are available in the Appendix.
Outside Services June, 2005-April 2010 $ Amount
Source: ECCDC
Administration 67,942 Misc Community Development 41,550 Economic Restructuring 179,803 Misc Economic Development 1,150,380 Housing 3,376 Organizational 47,397 Promotions 396,133 Urban Improvement-Clean & Safe 185,098 Urban Improvement-Master Plans 201,187 Total Outside Services $2,272,870
15 Rent Issues
The following tables show the Budgeted and Actual CDC rent payments based on;
8 CDC financial statements,
@ Independent Auditors report and • Rent information supplied by CDC
(Note: Detailed rent information from FY '02 - FY '09 is available in appendix)
Rent-Financial Statements
Budget Year Budgeted Actual FY2008 49,038 27,777
FY2009 65,000 26,326
Rent-Independent Auditors Report
Budget Year Actual FY2008 42,377
FY2009 77,984 FY201O(anticipated) 73,736
November 19, 2009 Independent Auditors report (Hutchinson and Bloodgood), page 17
When it was found that the financial statements did not match the lease amounts on rental agreements, we requested a detailed breakdown ofthe rental payments, which were supplied for FY '08/'09/10. All three sources show DIFFERING rental amounts.
16
~~- ~~-~----~--~~~-~.~------Following: CDC supplied rent chart, (April 2010)
EI Cajon CDC Rent Analysis 0707 - Current
07/07 - 06/08
C&S Office $ t775.00 168 Main St $ 24,200.00 Storage $ 6,087.00
$ 32,062.00
07/08 ·06/09
C&S Office $ 2,700.00 168 Main St $24,200.00 131 Main St $ 39,197.84 Storage $ 1,690.00
$ 67,781.84
07109 - 03/10 Current Fiscal Year
168 Main $ 2,000.00 709 131 Main 8t $43,345.00 0709-0310 131 Main 8t $14,607.00 0410 - 0610
$ 59,952.00 17 PBID-·Property Based Business Improvement District
Since January 1997 Downtown EI Cajon property owners have assessed themselves for services for the downtown PEID. These assessments are collected under the aegis ofa "Benefit Assessment District" as defined by the California Streets and Highway Code, and must be consistent with California Constitutional Amendments Proposition 13 (1978) and Proposition 218 (1996). 218 "the right to vote on taxes act" tightened the assessment voting process, thus requiring support from at least 50% ofthe assessed properties, in a mail ballot sent out by the City Clerk. Assessments are paid through property taxes bills. The current assessment expires in December 2011. Assess The ECCDC manages the City ofEI Cajon's PBID which is within the boundaries ofthe Downtown EI Cajon Management District, generates over $600, 000 in assessment revenue annually. The current PBID Expires July 1,2011 unless extended by the property owners.
Assessment Revenues
ECCDC Assessment Income 2003
!Ill City $45,098 9% !Ill County
Redevelopment
!iii San Diego Metro Plaza
Stakeholder
18
8'7 ECCDC Assessment Income 2009
lil!l City
II County $34,747 5% Redevelopment
$10,620 !Ill San Diego Metro Plaza 2% lil!l Stakeholder
The Assessment revenues are applied to the Clean & Safe program, Marketing & Promotions, Administrative, Management, Corporate Operations and a Contingency/Reserve. While the April 28, 2006 PBID Management Plan does list specific "Examples" where each PBID category would apply its funds, (with the caveat: "Examples include, but are not limited to") there is no way to determine in detail where these public assessed dollars have been spent. See chart below
*Clean & Safe 40% 255,900 Marketing & Promotions 27% 172,750 Administrative, Management and Corporate Operations 25% 160,000 Contingency/Reserve 8% 51,179
Source: Downtown £1 Cajon PBID Management District Plan 4/28/06
*Note: Clean and Safe expenditures ARE detailed and will be discussed under that section.
Different PBIDs throughout the show varying levels of budget detail. Below are PBID budgets from the City of San Diego's downtown PBID, which shows great detail, and the current proposed PBID budget for Downtown Fresno. Fresno is not as detailed as San Diego's but more detailed then El Cajon CDC.
19 PBID Budget 2009 ·2010 31.27% 17.73% 28.58% 9.60% 12.82% Income Core Gaslamo ElJillaae Cortez Marina Total Assessments :>1,869,744.62 51,060,139.82 51,708,899.95 5574,018.18 66553 44 55.979,356.01 5% UncoUectable 593,487.23) 553.006.99) ($85,445.00) 528,700.91 Ir 67. (5298.967.80 Sub.Total 51.776.257.39 $1,007 132.83 51,623.454.95 5545.317.27 572 .77 $5.680.388.21
5% Increase SO.OO so 00 5000 $27.265.86 so 00 S27.265.86 Gas Tax 511.064.33 SO.OO $11.06433 $0.00 511.064.33 $33,192.99 Parks 514071.50 $7.978.50 $12861.00 $4.320.00 55769.00 S45,000.00
Total Income $1 801.393.22 51.015.111.33 $1,647 80.28 5576.903.13 $745059.10 55.785,847.06
Exoenses Contractors !Aouatic $30,019.20 $17,020.80 $27,436.80 $9,216.00 CleanStreel $141 980.80 51 .80 Davev Tree Medians $79,872.00 $53,247.96 $26624.04 1 DavevTree (Troos) $24528.00 $12264.00 $45552.00 $19272.00 "':'"T'T~$133152.00 Davev Tree (Troo Keener) 5656.67 $372.J.J $600.18 $201.60 52,100.00 Dav & NiaIll (Marina 59 $98,904.00 Jani Kina Core $150,560.28 $150,560.28 Jani Kino GaSlamol includes CW $i88757.60 5188.757.60 Pain\in<1 Gas/amp Sian $5,000.00 55,000.00 Saft OiooQ Concrete (Corel $158 68008 Saft Oieoo Concrete E.V.} $220,532.00 SGI $307,596,46 $241.648.84 $285,691.79 $80,588.55 $161,060.30 51 93 Tech Team $1563.50 $886.50 $1429.00 $480.00 5641.00 $5,000.00 Contractor Totals 5753,476.19 ~65,950.07 $634,489.73 5251,738.95 5331,341.76!5Z,436,996.69= [)J)eratioQ Exoenses Audit Services (Accountinal $7129.56 $4.042.44 56.516.24 52188.80 $2.922.96 $22,800.00 Overhead Billed (Sars & Wanes $474,135.84 $281,428.87 $443,984.14 $\48,794.78 $188,983.37 ! ~1,537,327.oo Insurance- Other (Benefits $183647.10 $'108535.70 5171571.40 $57 512.00 573.400.60 $594666.80 Admin & Plan Check (Partnership Reimbursement} $22,514,40 $12,765.60 $20.577.60 $6,912.00 $9.230.40 S72,OOO.(l(l Vehicle Insurance $687940 $3.90060 56.28760 52.11200 52.820.40 $22.000.00 Rdefltv & General liabiffrl Ins. 519.074.70 $10.815.30 $17,433.80 55.856.00 $7,820.20 S61,00O.00 Other [)J)eratioa Exoeoses: Office Supplies $3,127.00 51.773.00 $2,858.00 $960.00 51,282.00 ~10,OOO.00 Pestace & Mailioo 534397 $195.D3 $314.38 $105.60 5141.D2 51,100.00 Cleanina & Janitorial Suodies $21.889.00 $12,411.00 520,006.00 56.720.00 58.974.00 S70,00O.00 District Masinas IWeb Services $4 690.50 52659.50 $4287.00 51440.00 $1923.00 $15000.00 Cement & Aggregates (Sidewalk reoairl $9 38100 S5319.00 58574.00 52880.00 53.846.00 $3(lOOO.OO Olher Rooair & Maintenance $36,273.20 $20.566.Bll 533.152.80 SII.I36.oo 514,871.20 S116,OOO.00 ~lsuoPlies 58.13020 $4.609.w 57,430.80 52,496.00 53.333.20 526,000.00 erneval Refuse Disoosal $14071.50 $7.978.50 $12861.00 $4 320.00 $5769.00 $45.000.00 I Wearing Apparel Uniforms) $312700 $1773.00 $2858.00 $960.00 $1.282.00 S10,00O.00 Photocoov Office L;ooier 5938.10 5531.w $857.40 $288.00 5384.60 53,000.00 Travel $938.10 $531.90 5857,40 $288.00 $384.60 Trainioo 5625,40 $354.60 $571.60 $192.00 $256.40 Rents I leases $29268.72 516595.28 $26 750.88 58985.60 $11999.52 • Purchasina (EQUip $31.182.76 $17.680.53 $28,500.26 59,573.22 512,784.23 Services S15635.00 58 865.00 $14.290.00 $4 800.00 56.410.00 nes 5938.10 $531.90 $857,40 $288.00 $384.60 Services $9,381.00 $5,319.00 58.574.00 52,880.00 53,846.00 530,000.00 Cellular Phones SI500960 58.510.40 513718,40 $4.608.00 56.153.60 S48.000.00 otal OperatillQ Expenses 5918,331.15 5537.694.6 5853,690.10 5286,296.00 ~369,202.90 . ~2.965.214.80• Other City Expenses In1erest I :::itv Admin. Exoenses 40 651.00 23.049.00 37.154.00 12.48000 16666.00 130.000.00 UQhtillQ txoense 120,600.00 19,095.00 140.700.00 25.46000 29,145.00 335.000.00 Sub-Total: $161,251.00 542,144.00 5177,854.00 537,940.00 545811.00 465,000.00
Totall::xllenses: 51,833.058.34 51,045,788.72 51,666,033.83 5575,974.95 S746.355.66 S5,867,211.49
Surplus (Deficit 1531.665.12 ($30,677.39 (S 18,653.55 $928.19 (51,296.56 $81,364.43
Above: City ofSan Diego Downtown PBID, FY '09/'10 Budget
20 City ofFresno-Proposed FY' 11/' 12 PBID Budget
D. Plan BUdgets
2011 Operating BUdget Summary
The total improvement and activity plan budget for lOti is projected at $607,000. The initial budget ..location is sumrnarized below:
Activity Budqet %ofTotal Economic Enhancements $190,000 31.3 Environmental Enhancements 185,000 30.5 Fulton Mall Activation 44.500 7.3 Management & Administration 130,000 21.4 Delinquency & Cofltinqency 57,500 9.5 Total $601000 100.0
An illustrative budget follows, but final budget allocation decisions WIll be subject to the annual determination of the PBJD. Owner Association, whichVt"1I be the Downtown Association of Fresno.
~ M·Tolai Economy Market/na Manooer l$50K x 20%) Market Research &Busioo.."S Development 20,000 !mace Enhancemellt -Consumer ~. 21 When asked why the ECCDC does not have a more detailed budget delineating the use ofthe PBID assessment funds. CDC responded that: Spending ofPEID assessment revenue is allocated according to the priorities established by the property owners. The issue is addressed in the Downtown EI Cajon PEID Management District Plan dated April 28, 2006. This document is required and updated as part ofthe recertification process. [see chart below] *Clean & Safe 40% Marketing & Promotions 27% 172,750 Administrative, Management and Corporate'Operations 25% Contingency/Reserve 8% Source: Downtown EI Cajon PBIO Management District Plan 4/28/06 CDC response continued: The Plan includes a table with a breakdown ofthese allocations. These all reference First Year budget numbers, but the established allocations continuefor each succeedingyear, even though the budget numbers may vary. From an accounting standpoint, the PEID revenue is recognized as admin revenue. The reason PEID funds were processed as admin was to keep the allocation process from becoming too complicated. Not knOWing when revenue would arrive, and which properties wouldgo into default The adjustment ofincomefor those situations was potentially an accounting and administrative nightmare. Administrativefunds always backfill any department or programs that do not have afunding source or ifthefunding does not cover all the expenses at year end. (Source: CDC response to PBID Inquiry) Consultant Response: Regarding the "timing ofrevenues" issue, the PBID assessments are paid by property owners at the time oftheir property tax payment. The time when revenue is received is a legitimate cash flow issue, but not a reason to preclude detailing budget expenditures. Regarding the issue of "default" by property owners, that is what the contingency reserve is for. The lack ofdetail raises concerns that these publicly assessed funds could potentially be expended for inappropriate uses, un-related to the management ofthe PBID. However there is no evidence ofthis. 22 Clean & Safe, Lend a Hand, Fa£ade Program El Cajon CDC diligently accomplishes a variety ofpopular programs benefitting the city, citizens and visitors to El Cajon. These highlights include implementation and oversight of: • Clean and Safe Program • Fayade Improvement Program • Lend a Hand program Clean & Safe Program-Funded from PBID Proceeds Source: CDC Schedule I, Year Ended June 30,2005 through 2009 Clean & Safe Total Expenses $250,000 $200,000 $150,000 $100,000 -Total Expenses $- 2005 2006 2007 2008 2009 Source: ECCDC 23 Clean & Safe Salary and Related Expenses $140,000 $120,000 - $100,000 $80,000 $60,000 -Salary and Related Expenses $40,000 $20,000 $- 2005 2006 2007 2008 2009 Source: ECCDC Clean & Safe Activity Reports Business/Stakeholder Contacts 35 105 2902 Citizens Assist 19 57 1446 Graffiti Reported/Removed 70 210 891 Flyers/Signs Removed N/A N/A N/A Homeless/Transient Contacts 346 1038 3508 Illegal Dumping 25 75 352 Litter Removed (gal) 49 147 1578 Maintenance Referral 9 27 101 Police Call 6 18 43 Panhandling see #4 see #4 32 Shopping Carts Recovered/Returned 169 507 1384 Unsecured Dumpster 31 93 174 Vehicle Activity 2 6 35 Recovered syringes/sharps N/A N/A N/A 24 Business/Stakeholder Contacts 3791 2134 5320 4025 Citizens Assist 1810 886 1365 1329 Graffiti Reported/Removed 1123 1405 1508 1068 Flyers/Signs Removed N/A 169 270 253 Homeless/Transient Contacts 3731 3364 3494 1969 Illegal Dumping 98 99 92 99 Litter Removed (gal) 15760 10024 6087 4859 Maintenance Referral 16 41 47 22 Police Call 34 26 29 34 Panhandling 45 14 17 48 Shopping Carts Recovered/Returned 1611 1522 619 789 Unsecured Dumpster 152 148 102 38 Vehicle Activity N/A N/A N/A N/A Recovered syringes/sharps N/A 2 9 3 Sources: Clean & Safe Ambassador Activity Logs 2004-2009 Clean & Safe Contacts 6000 5000 4000 -Business/Stakeholder 3000 Contacts 2000 -Citizens Assist 1000 a .. ., Homesless/Tra nsient Contacts Details can be reviewed in the Appendix. According to CDC the reduction in contacts (litter removal, transients, etc) is due to effectiveness ofprograms. 25 GRANTS CDC receives Grants in which it allocates to the following programs: Business Recruiting, Fa~ade and Design, Utility Box Art, Lend a Hand and CHDO. Total CDC Grant Income received between FY 2003 and 2009 was $3.1 million, while $2.2 Million was allocated to grant recipients (ofwhich all except $159,000 was awarded.) It is not indicated where the additional $900,000 was spent. In other words, are they escrowed until next fiscal year or used to maintain cash-flow? CDC GRANTS Grants Funds Received by Grants Awarded by CDC** CDC* 200812009 $592,281 $479,953 *CDC Financial Statements 2003-2009 ** Compiled by CDC staff City Does Not Track how Grant Funds it Gives CDC is Allocated The City ofEI Cajon has remarkably, never kept track of how much ofthe Grant funding it gives CDC goes to CDC Administration and overhead*. It does list individual dollar amounts for each individual grant payment to CDC, but staffhas indicated it would have to "guess" what funds were used for what purpose. In addition the City only keeps back-up files for only two years (except as required by Federal law) and destroys older files. *The city recently started keeping track. 26 ELCAJON CDC GRANT USAGE 2003·2009 BUS REG, FAC, U·ART, LHD,CHDO Fa~ade & Bus RecruIting Design Utility Box Lend Hand CHDO 20Cl8·2009 Awarded $ 235,000.00 $ 135,000.00 $12,000.00 $ 60,000.00 $ 37,953.00 $ 479,953.00 Used $ 235,000.00 $ 135,000.00 $11,979.86 $ 60,000.00 $37,953.00 $ 479,932.86 Unused Funds $ $ $ 20.14 $ $ $ 20.14 2007·2008 Awarded $ 235,000.00 $ 135,000.00 $ 60,000.00 $ 39,212.00 $ 469,212.00 Used $ 234,999.96 $ 134,349.76 $ 60,000.00 $39,212.00 $ 468,561.72 Unused Funds 0.04 $ 650.24 $ $ $ 650.28 2006·2007 Awarded $ 150,000.00 $ 163,000.00 $ 60,000.00 $ 39,521.00 $ 412,521.00 Used $ 137,929.46 $159,213.46 $ 56,942.47 $ 39,521.00 $ 393,606.39 Unused Funds $ 12,070.54 $ 3,786.54 $ 3,057.53 $ $ 18,914.61 2005·2006 Awarded $ 100,000.00 $ 140,132.03 $ 40,000.00 $41,829.00 $ 321,961.03 Used $ 97,093.45 $ 140,132.03 $ 4,825.95 $41,829.00 $ 283,880.43 Unused Funds $ 2,906.55 $ $ 35,174.05 $ $ 38,080.60 2004·2005 Awarded $ 75,000.00 $ 75,000.00 $ 40,000.00 $45,488.00 $ 235,488.00 Used 74999.34 67743.32 $ 33;367.64 $45,488.00 $ 221,598.30 Unused Funds $ 0.66 $ 7,256.68 $ 6,632.36 $ $ 13,889.70 2003·2004 Awarded $ 50,000.00 $ 50,000.00 $ 39,000.00 $45,488.00 $ 184,488.00 Used $ 48,879.74 $ 50,000.00 $ 3,971.02 $ 45,488.00 $ 148,338.76 Unused Funds $ 1,120.26 $ $ 35,028.98 $ $ 36,149.24 2002·2003 .. Awarded $ 50,000.00 $ 50,000.00 $ 39,000.00 $ 139,000.00 Used $ 3,091.76 $ 45,556.12 $ 39,000.00 $ 87,647.88 Unused Funds $ 46,908.24 $ 4,443.88 $ $ $ 51,352.12 TOTAL AWARDED $ 2,242,623.03 .TOTAL USED $ 2,083,566.34 TOTAL UNUSED $ 159,056.69 Source: ECCDC 27 Lend a Hand According to the CDC website, Lend a Hand"...is about inspiring active and motivated neighbors to define and direct lasting change in their neighborhoods. More than just physical improvements, Lend a Hand educates neighbors and brings the community together in a big way." Lend a Hand is clearly a successful program which demonstrates tangible results. Expenses Source: Schedule I, Year Ended June 30, 2003 through 2009 Lend a Hand Total Expenses $120,000 $100,000 $80,000 $60,000 -Total Expenses $40,000 $20,000 $- 2003 2004 2005 2006 2007 2008 2009 Source: CDC 28 Lend a Hand, Selected Activity Results Neighborhood Groups and Meetings 2.5 ,------ III Number of 2 +------__ neighborhood/communit y groups 1.5 +------~ formed/strengthened III Number of new 0.5 .,------ neighborhood groups o +-.------,------,------._.,------,- Number of neighborhood improvement projects coordinated 29 Volunteers 350 300 250 ~-Number of new 200 volunteers 150 100 -Number of 50 continuing/repeat o volunteers Total number of volunteers Saturday Morning Clean-ups: Amount of Waste Collected 16000 ,-.--.----.------.-----..-----.------14000 +----.------..------... --'-'lI!i1l 12000 +------.-J'--c"'-- 10000 +..-..--.----..-----.------..--1--.----..... 8000 .+-----.-.--.------. --,1'----.. 6000 +------·-1--·,..··· ~Amount of waste (in gallons) collected 40002000 1.~~~~::~~~~~;:;~~:~~ o ...... Amount of electronic waste (Ibs) collected 30 qq Neighborhood Groups and Meetings 33 T-"~" -- ...~...~ - ~..~.. _- - .. ~ "'~"' ..~ ~_._ ...•.~•.., '~"""""''''''-'''''''''''''''''-'''''''''~''-' 30 +~._.~-_.~ _ ~..- ··..······-·············· ···..······_···-·1 27 +- _.._-.-~ ..-.._.- _..__.__ _ _ -_ --§-... 24 +_ ~ _-..----.-.--- _._ - -.- __.__ ~ s,,'-.~_•._ . ~Number of meetings held 18 + -.-~ -..- -._ __._.._ -_ -_._ -_ .. ···Number of issues identified 15 +------.- - - - ..--.!!.l,... 12 + -.------.-.------~Number of action plans developed 9 +.~ _..._._..._ .....__..._ .._.___:,.C·-.iL >~3Number of issues resolved 6 + - ..--~....-.-_._-.----,p... 3 o +------r--= Jul-Sep Oct-Dec Jan·March Apr-June Jul-Sep Oct·Dec 2008 2008 2009 2009 2009 2009 For detailed spending analysis and more results charts see appendix. 31 100 Facade Improvements This is an extremely successful program implemented by CDC. The visual impact on downtown El Cajon has been remarkable. However, there are some serious financial management concerns, such as the City not-tracking Administration and Overhead costs, plus there are some differences between the grant allocation numbers between the City # of Projects Reviewed by Design Review Committee (ORe) 26 10 Projects Approved 14 3 Projects Approved with Conditions 8 4 Projects Denied 3 0 Projects Unable to Review 1 3 DRC Administrative/Overhead $ $ Cost 15,156.68 8,470.88 Fa~ade Grants Approved 6 $ °$ Amount of Grants Approved 103,900.00 Fa~ade Grant Program $ $ Administrative/Overhead Cost 14,703.32 7,403.03 $ $ Total Grant Amount Funded 74,140.00 30,000.00 Total Fa~ade Projects Funded and Completed 5 1 Design & Fa~ade Business Success Orientation Attendees N/A 24 Fa~ade Improvement $ $ $ $ $ $ Expenses 66,723 19,240 158,616 134,350 135,000 17,375 32 ID1 Fa~ade Improvement Expenses $200,000 $150,000 $100,000 $50,000 $- 2005 2006 2007 2008 2009 2010 (thru 1/14) -Fac;ade Improvement Expenses NOTE: CDC directed consultant to acquire allfar;ade documentation from the City ofEl Cajon. Detailed Discussion: City Does Not Track how Grant Funds it Gives CDC is Allocated The City ofEI Cajon has remarkably, never kept track ofhow much ofthe Grant funding it gives CDC goes to CDC Administration and Overhead*. It does list individual dollar amounts for each individual grant payment to CDC, but staffhas indicated it would have to "guess" what funds were used for what purpose. In addition the City only keeps back-up files for only two years, and destroys older files. (Except for Federal funds used for projects such as Wisconsin Cottages). *The city recently started keeping track. 33 CHOO/Wisconsin Street Cottages CHDO/Community Housing Development Organization Federal Housing and Urban Development agency (HUD) defines: A CHDO (pronounced cho'do) is a private nonprofit, community-based service organization whose primary purpose is to provide and develop decent, affordable housingfor the community it serves. Certified CHDOs receive certification from a PJ (Participating Jurisdiction) indicating that they meet certain HOME Program requirements and therefore are eligiblefor HOMEfunding. HUD strongly recommends recertification ofCHDOs annually. However, at a minimum, a participating jurisdiction (PJ) must requalifY an organization as a CHDO each time it receives additional set-aside or operatingfunds. The ECCDC is the CHDO for EI Cajon. (Note: The State ofCalifornia department ofHousing and Community Development web site lists less than two dozen "Certified CHDO's" as of9/1 0/09. El Cajon is not listed. http://www.hcd.ca.gov/fa/home/ It is assumed the ECCDC CHDO has been "certified" by the City ofEI Cajon/Redevelopment Agency) 41,829 39,521 39,212 37,953 18,976 -~· __ ·----~'-~"---·1 ! CHOO Operating Subsidy $45,000 $40,000 $35,000 $30,000 $25,000 $20,000 $15,000 $10,000 $5,000 $------_._--_._------2006 2007 2008 2009 2010 (thru 1/14) -CHDO Operating Subsidy 34 Wisconsin Street Cottages The Wisconsin Street Cottages have been a controversial project which was managed by the ECCDC. The project, while developing an attractive, occupied housing addition to the City ofEl Cajon, resulted in a significant financial loss. The estimated project costs went increased from 10/7/04 $ 2,856,749 in 1O/7/04to $ 3,517,485 in 6/30/08. The net subsidy by the taxpayers after sale ofthe properties was $1,339,595. Based on our review, three factors contributed to the loss: 1) Reduction ofthe number of units from 8 to 7: The former Director ofPlanning indicated in an interview that the "City was responsible for this error," in initially allowing 8 unites tobe planned, and subsequently reducing it to 7. 2) Poor management/oversight ofproject: Total development costs increased from $2.8 to $3.5 million from initial estimates in2004 through construction in 2009. This on top ofthe elimination ofone unit resulted in a significant subsidy ofover $1.3 million by the City Redevelopment Agency. The ECCDC should have re-evaluated the viability ofthe project at that time. 3) Market Conditions: a "perfect storm" of increased construction costs followed by a significant drop in housing values contributed to the significant loss. The ECCDC, while well meaning, clearly lacked the expertise to be a cost-effective developer, resulting in a huge taxpayer's subsidy. 35 Sources ofall data below: 7/31/09 memofrom 1. Ficacci to K. Henry; 6/4/08 letter from C. Carpenter to K. Henry; various dated "Detailed Development Budget" spreadsheets Street ;~ • vs. actual costs _. .. .. ",. --~~ ... ".."'''' JUI -vo Jul-09 date Total Development Cost (2,856,749) (3,895,803) $(3,895,804) (3,763,374) (3,359,595) (3,814,129) ~ ,... ':2. flt:A flflfl ':2. flt:A flflfl 'l (Mfl flfln 'l n'ln nnn ,y 2,857,000 ':2. flt:.1 nnn Grant 1,000,000 1,000,000 1,000,000 Loan Forgiveness 723,374 339,595 Net Project Surplus/(Loss) 251 (831,803) 168,196 (750,129) I Net Agency Subsidy (Grants + loan Forgiveness) 1,000,000 1,723,374 1,339,595 Land Acq!Jisition & Closing Design & Engineering Legal/Financial/Other Permits/Bonds/Fees Direct Construction 1,517,252 1,483,602 1,799,563 1,071,056 2,250,577 Financing Costs 239,109 274,676 497,377 212,673 298,726 Marketing/Gen & Admin 213,941 204,617 198,557 17,159 26,609 TotalDevelopment Costs 2,856,7439 3,073,369 2,204,835 Percent Change from Original 23.13% **Note: (Above Chart does not show May '07. See appendix for all data.) Discrepancy in Development!Construction Cost Estimates May 2007 3,895,804 3,640,052 June 2008 3,763,374 3,517,485 36 \o~ Other ECCDC Issues Consulting Contracts Approved December 2009 by Outgoing CEO As part ofour review ofCDC we reviewed all leases (office space, copier, automobile) and contracts. Three consulting contracts, two ofwhich were apparently continuation ofexisting contracts, were approved by the CEO her last few days on the job. They were for: III Cole Davis & Assoc. PR and Marketing --December 14,2009 (This contract "amendment" was done by email, apparently with no signed document.) $3500/month III Nichole Keith Fundraising Consultant --December 15, 2009 $IOO/hour III Leah McIvor - Resource Development and PR--December 17,2009 $1800/month for 1st 3 months then augmented by "performance" o (This contract has "performance measures" which according to a hand written note "details to be worked out with management Team...") We have been told (as of4/1 0) that this has not yet occurred While it is not surprising that the outgoing CEO would have an assortment of issues to deal with before leaving, entering into contracts deserved scrutiny. When asked to see the Board Minutes approving these contracts, CDC indicated that: Claire executed all three ofthe personal services contracts (Davis, Mclvor & Keith) at the direction ofthe Executive Committee as part ofourplanned transition before she left. No Minutes kept of Executive Committee Meetings When asked to review the Executive Committee Minutes showing approval, we were told that CDC "does not keep minutes ofthe Executive Committee meetings." This is disturbing in that while the Bylaws allows the Board to Delegate certain authority to the Executive Committee, approval ofcontracts should be reviewed or at least ratified by the entire Board. In addition, with minutes kept ofExecutive Committee Meetings, there is no way to determine who attended, ifthere were quorums, and ifproper procedures are being followed Personnel Policy-CEO hired Husband as Direct Report Employee While in no way a reflection on the quality ofthe work ofthe CDC Employee, who all indications are has been an exemplary employee, it is imprudent to have the CEO hire her husband. I in fact, the Chairman ofthe Board indicated that he was not aware oftheir relationship until near the end ofthe CEO's employment, and is not clear ifthe Board of Directors was made aware ofthis at the time ofhire. Appendices with detailed Excel spread sheets compiling all data used are available upon request. 37 \Ob Consultant Barnett Consulting/Scott Barnett: Mr. Barnett has almost three decades of political and public policy experience, including a tenl1 on the Del Mar City Council from 1984-1988, where he was the city's representative on the SANDAG and North County Transit Boards. Mr. Barnett was executive director ofthe San Diego County Taxpayers Association from 1995 through 2001. In 2003 Mr. Barnett formed Taxpayers Advocate a private company which conducts studies on local government spending policy. Also formed in 2003 was Barnett Consulting, a land-use, political and public affairs company. Details of studies can be reviewed at: www.taxpaversadvocate.org. 38 fo~ EL CAJON - List of Docs, CHDO and PBID info consulted List of EI Caion Docs Agreements between CDC and RA for FY 09-10: a. Lend a Hand (aka Neighborhood Stabilization) b. Utility Box Beautification c. Design Review and Fayade Program d. Business Retention/Recruitment Program List ofcurrent employees' annual compensation as ofFebruary 2010 List ofassets: Book Asset Detail 1% 1/09-12/31 /09 Leases for: a. Office Space - January 25, 2008 b. Copy Machine - 12/21/07 c. Postage Machine - 9/29/09 d. Pickup Truck - 12/17/2007 Contracts for: a. Fundraising Counsel - 1/1/10 b. Resource Development Consultant c. Public Relations Consultant - Emails dated 7/1/09 and 12/31/09 Bylaws - 12/3/07 revised Articles ofIncorporation - certified 8/28/01 Business Recruitment and Retention Program, Quarterly Reports July 2008-December 2009 Lend a Hand Program, Quarterly Reports July 2008-December 2009 + 1 accomplishments flyer (undated, untitled) Clean and Safe Program Ambassador Activity Logs 2004-2009 Fayade Improvements, Quarterly Reports July 2008-December 2009; Project Transactions FY 2005-2009, invoices & receipts for 2008 & 2009 CHDO agreements b/w ECCDC & City dated 4/2009 Downtown EI Cajon (PBID) Management Plans, 2/1996 and 4/2006 California Main Street Annual Reports 2001-2009 Real Estate Hot Sheets 2007-2009 39 108 Employee Job descriptions February 2010 1. Resource Development Consultant 1 2. Accounting & Human Resources Manager 3. Community Development Coordinator 4. Community Development Assistant 5. Promotion and Events Manager 6. Receptionist and Administrative Associate 7. Downtown El Cajon Clean & Safe Ambassador 8. Clean & Safe Technician 9. Urban Improvement Manager 10. Economic Development Coordinator Schedules I and II, Budget to Actual for 2001-2009 (not listed whether this comes from financial statements or budget,) Wisconsin Street 1. 7131/09 memo from 1. Ficacci to K. Henry 2. 6/4/08 Letter from C. Carpenter to K. Henry 3. 7/20/04 Letter from S. Williams 4. Detailed Development Budgets dated: 10/7/04,9/9/05, 9/9/05(1abeled B by me), 9/12/05, 11/21/05, 3/12/06, 10/8/06, 11/13/06 5. Wisconsin Cottages Revenue Projection (undated) 6. Wisconsin Cottage - Grant Funds (undated) 7. EI Cajon Homes Loan PayoffInformation 6/4/08 8. "Sources" dated 4/27/07, calculates Total Development Cost per unit 9. Wisconsin Cottages Construction Sources 9/13/06 and 9/21/06 10. Wisconsin Cottages Expended Funds 5/15/07 11. OMP Miller Pacific undated, untitled spreadsheet on cost changes over time 12. Davy Architects "Sources and Uses of Funds": 7/12/04 NON-Design Build Contract, 7/12/04 (2 copies same), 7/15/04 13. Undated Development Description 14. Undated Wisconsin Development Information Sheet (2pp) 15. EI Cajon Homes LLC Financial Statements 6/30/08,12/31/07 16. EI Cajon Homes LLC Budget vs. Actual as of6/2/08 17. ECCDC Balance Sheet 1/31/08 18. Davy Architects Phases & Uses ofFunds 7/15/04 19. Market Purchase Price Impacts 2004-2006 20. Wisconsin Cottages Sales Summary Sheet 11/13/06 21. Wisconsin Cottages Closing Projects (9/21/06) 22. Mortgage Qualifier Worksheet - 50.01%-80% Low Incomes; 80.01 %-120% Audits for Downtown El Cajon, Inc. 2001-2002 40 Audits for ECCDC 2003, 2007-2009 IRS Form 990 for ECCDC 2006-7 thru 2008-9 Minutes from establishment ofPBID 7/2/96 City ofEI Cajon Records Management Policy 6/24/08 El Cajon CDC Grant Usage 2003-2009 El Cajon CDC Rent Analysis 0707-Current EI Cajon CDC Transaction Detail by Account June 1, 2005 through April 22, 2010 {outside services} CHDOs HUD site on HOME, CHDOs: http://www.hud.gov/offices/cpd/affordablehousing/programs/home/topical/chdo.cfm California HCD site on HOME, CHDOs: http://www.hcd.ca.gov/falhome/ Certified CHDOs (why is El Cajon not on this list? Not updated?): http://www.hcd.ca.gov/falhome/CHDO List.html Compton: http://www.comptoncitv.orglindex.php/Community-Redevelopment-Agency/community-housing development-organization-chdo.html CORE (LA and Riverside): http://www.schdc.orgl Berkeley: http://www.rcdev.orgl SB, SLO, etc.: http://www.pshhc.org/ Anaheim: http://www.nhsoc.org/ Indio: http://www.cvhc.org/ Sacramento: http://www.downtownsac.org/DSPAPP/v/index.html Fresno (also good general information): http://www.downtownfresno.org/pbid.html Long Beach: http://www.downtownlongbeach.orglresidents/Home Downtown San Diego: http://www.downtownsandiego.org/index.cfm/fuseaction/clean.dn faq http://www.sdcleanandsafe.org/ 41 liD Barnett Consulting Scott Barnett 7770 Regents Road, #113-286, San Diego, CA 92122 - 619·857-1857 February 17, 2010 Kathi Henry City Manager City of EI Cajon 200 Civic Center Way EI Cajon, CA 92020 Re: CDC Study-Status Report Dear Ms Henry: Per your email, what follows is a Status Report as requested by Council members Kendrick and Wells. The attached letter dated December 10, 2009 outlines the original CDC study "proposed time line and request for documents." (This was a revision based on your feedback. The changes from the original are shown.) Documents Unfortunately as of this date I have not yet received all of the materials requested in December. I understand that delays were partly a result of CDC questions as to what documents are "public." Since over 90% of CDC funding is from public revenues/fees I would hope that the decision has been made that nothing would be held back. As of February 5, 2010 I have received two sets of documents. While I now have a significant amount of material, many significant items have not yet been delivered. It is my understanding that the CDC anticipates delivering them in the next few days. Report Timing While I have been analyzing the materials I have received to date, the remaining documents are crucial in order to complete the scope of work approved by the City Council. Understanding the inter-relationship between many of the documents is vital to painting an accurate picture of the CDC. III Scott Barnett 7770 Regents Road, #113-286, San Diego, CA 92122 - 619-857-1857 December 10, 2009 Kathi Henry City Manager City of EI Cajon 200 Civic Center Way El Cajon, CA 92020 Re: CDC Study-Timeline, Documents, Interviewees/Questions. In response to your letter of December 9, 2009, I have made the following additions/changes to this letter. (See all changes in yellow tbrough this letter.) Changed timeline below to start January 11, 2010, on the assumption now that I may not have all documents until then. In any event I would appreciate receiving documents as they are collected so I can start my research. Regarding issue of "accomplishments" I have already compiled the items on the CDC web site under: "What does EI Cajon CDC do?" which primarily focuses on CDC successes. But my overall intent of this study is not to focus on "failure or success" but to review all the facts, including all the various projects and programs based on the data and then put together the assessment. I do not have any pre-conceived notions good/or bad going into to this. In addition, as most of what the CDC does is driven by where it spends its revenues, my assumption is the documents I receive will demonstrate the results of the various programs and projects. However, as many CDC's also rely on a significant "volunteer effort" of its board and a variety of community volunteers, I will add a "document request" item to the list below on "volunteer activities" and as part of the study attempt to quantify the numerical/financial "value" of the volunteer time. Finally, the questionnaire (below) asks about "successes and shortcomings" of CDC. But please ask CDC to feel free to send over any additional documents that they feel would address this "successes" issue. Regarding "city/agency documents" what I was referring too was any City of EI Cajon/redevelopment agency ordinances or policies/resolutions which were approved when the CDC was created (if any) and any subsequent city council actions related to CDC activities, from PBID to CHDO, etc. Regarding "Interviewees" I have copied the names of CDC board members and staff below from the web site. My remaining "interview" requests are to interview you (the earlier the better), the city council and the redevelopment director. It would be appreciated if you could facilitate me interviewing Claire Carpenter prior to her departure. Documents Requested (please note additional items below in yellow) Ideally all or most of the following can be made available in electronic format. CDC documents " Incorporation papers " Bylaws " Procedures .. HR policies .. Budgets FY 1998 thru FY 2009 .. Break down of salaries, health, retirement and any additional benefits of existing employees by individual position. (Including presidenUceo) PLUS hire date. (name not needed just position held.) .. Copies of any leases (office space, equipment, automobile's, etc) .. Copies of any current contracts/agreements with sub-contactors/consultants, etc .. Audits (actual revenues/expenditures) FY 1998 thru FY 2009 .. Monthly Financial Statements FY '98, FY '03, FY 2009 .. IRS Forms 990s 1999-2009 " Annual Registration Renewal Fee Report (Form RRF-1) 1999 - 2009 .. CDC Board Agendas FY 1998 thru FY 2009 (after review of above selected minutes wil.1 be reviewed) .. Documents (formation, policies, etc) and revenues/expenditures related to PBID .. Documents and revenue sources/expenditures related to Fayade Improvements " Documents and revenue sources/expenditures related to Tenant Improvements/Relocations .. Documents and revenues/expenditures related to Clean & Safe Program .. Documents and revenues/expenditures related to Lend a Hand .. Documents and revenues/expenditures related to Wisconsin Street Project .. Documents and revenues/expenditures related to Community Housing Development Organization (CHDO) Additional items .. Compilation of volunteer activities .. LisUvalue of CDC Assets (cars, equipment, etc) .. Additional items deemed relevant by City CDC. City of EI Cajon/Redevelopment Agency Documents All CDC related Ordinances/Policies 3 Merchant Promotion Co-chair Wendy Morris Bobbi Pearson Resource Development Chair Martin Samo Vicki Whitmire Community Development Chair Cheryl Williams Community Development Chair Cathy Zeman Clean & Safe Advisory Chair Edward Zauhar Economic and Arts Development Co-chair Corporate Advisor Cole Davis Marketing and Public Relations Consultant • CDC Management and Staff [])JClaire Carpenter, President & CEO [~"JMichelle Brown, Accounting and Human Resources Manager [~JEdith Saldivar, Economic Development Coordinator L~JChristina Burke, Community Development Coordinator [~Rebecca Reyes, Community Development Associate L~JRon Seguin, Urban Improvement Manager [~JKathryn Courter, Promotion and Events Manager t--~l L~jKellye Buchanan, Resource Development Associate [~J l~JErica Nagy, Neighborhood Resource Assistant [~]RobeIjQ GClI9i9. , Community Outreach Assistant [~lMegan Fisher, Marketing and Special Events Intern [~Gayle Payne, Accounting Intern 5 .. What if any Suggested Changes to CDC would you recommend .. Other comments 7 l-,:it~:le;kDateS~mpl MEETING: Aug 10,2010 ITEM No:_4_o2__ [ Ll'fO HUt - 3 P 2: 32 i II DATE: August 3,2010 TO: Mayor Lewis, Mayor Pro Tem Wells, Councilmembers Hanson-Cox, Kendrick and McClellan FROM: Deputy City Manager/Director of Public Works/City Engineer SUBJECT: School Bus Loading Zone -- 230 Jamacha Road RECOMMENDATION: That the City Council adopt the next RESOLUTION in order to establish the following School Bus Loading Zone: Along the westerly curb line ofJamacha Road beginning at the southerly property line of 230 Jamacha Road beginning at a point 50 feet north of the property line thence northerly a distance of 160 feet. BACKGROUND: This is a request by the Grossmont Union High School District to install a "Bus Loading" zone located at 230 Jamacha Road for their Grossmont Work Training Facility. The facility has increased its number of students and will require their buses to use the curbside in front of their facility as a drop-off and pick-up point. Permanent signs will be posted in the proposed bus loading zone restricting vehicles from parking in this area from Monday through Friday 7:00 A.M. to 4:00 P.M. during the school year. Parking in this area will be allowed at all other times. A parking study revealed that the parking occupancy is 0% on both sides of the subject driveways for the time period of the study. City records did not show any accidents for which a report was taken at both of the driveways to their facility during the past three years. FISCAL IMPACT: Approximately $250.00 for initial installation and routine maintenance costs. PREPARED BY: APPROVED BY: \C~T~ Rob Turner Kathi Henry ( DEPUTY CITY MANAGER CITY MANAGER DIRECTOR OF PUBLIC WORKS CITY ENGINEER Attachments \\ (p GOVERNING BOARD MEMBERS JIM KELLY RICHARD HOY LARRY URDAHL PRISCILLA SCHREIBER ROBERT SHIELD DR. GARY WOODS IHighSchool Districtt SUPERINTENDENT COMMITTED TO EXCELLENCE ROBERT COLLINS SINCE 1920 June 7, 2010 Mr. Mario Sanchez City Traffic Engineer 200 Civic Center Way El Cajon, CA 92020 Dear Mr. Sanchez: As per our recent conversation regarding the District's school site located at 230 Jamacha Rd., El Cajon, CA 92020, please accept this letter as a request for the installation of 'limited use signage' in front of said property restricting and/or limiting any curbside parking to that of School Buses (or other designated vehicles) for the purpose ofloading and unloading students in a clearly defined School Bus Zone. It is our hope that in your consideration ofthe safety of these students, the City ofEl Cajon will restrict the curbside parking to only those vehicles, described herein, approximately thirty minutes prior to the start of school and continuing until thirty minutes past the last dismissal bell. Please note that at this writing, the Fall bell schedule is set at 7:30am with two dismissals bells at 1:30pm and another at 3:30pm. Should you have any additional questions or concerns -I can be reached at (619) 644-8163. (\Resp~c~, / t~~\ \')l~~DtJ ..ulia Armstrong a;upervisor, Safety & Traini••g GUHSD Transportation Dept. POST OFFICE BOX 1043 LA MESA CALIFORNIA 91944-1043 TELEPHONE (619) 644-8000 FAX (619) 485-1349 TDD/TTY (619) 644-8132 0 J: 0 0 E ..,0 0 t<) C'l r-. 0 I 0 ,.0 "0 Il:: 0 J: 0 0 E ..,0 0 t<) C'l r-. 0 I 0 ,.0 0 ,.0 II) E ~ 1i c u"0 ?:' 9-u «IE Parking Study at 230 Jamacha Rd. g: ./ City of EI Cajon Traffic Division Sheet 1 of 1 :i:: Ilg MEETING: Aug. 10,2010 ITEM NO: 4.3 - 3 P 2: 32 L J DATE: August 2, 2010 TO: Mayor Lewis, Mayor Pro Tern Wells, Council Members Hanson-Cox, Kendrick and McClellan FROM: Lori M. Beliveau, Director ofRecreation SUBJECT: Chaldean Cultural Festival RECOMMENDATION: That the City Council consider the invitation from the Chaldean American Association to co-sponsor their Chaldean Cultural Festival to be held in the Prescott Promenade and the Ronald Reagan Community Center on September 4 - 5,2010. BACKGROUND: The Chaldean American Association has submitted an application of facility use for the Prescott Promenade and the Ronald Reagan Community Center (RRCC) for a Chaldean Cultural Festival on Saturday, September 4 and Sunday, September 5. The festival hours in the Promenade are Saturday 10:00 a.m. to 9:00 p.m. and Sunday 3:00 p.m. to 9:00 p.m., not including set up and tear down. The third day of this event will be held on September 6 at the Crystal Ballroom on Magnolia Avenue. The event includes music, dance, entertainment and food booths in the Promenade and a variety of non-food vendors inside the RRCC. This is a fundraising event with all proceeds supporting the Chaldean American Association's charity efforts in assisting refugee families. An admission fee will be charged which will include vouchers and a ticket for an opportunity drawing. The organizers will erect portable event fencing for the perimeter of the Promenade in order to control entrance and fee collection. Wine will be served at a VIP reception on Saturday at the RRCC; no alcohol orsmoking with be permitted in the Promenade. Recreation staff and event organizers, Mr. Barka and Mr. Georges (members of the Chaldean American Association), have had several meetings to facilitate this use. Although the letterto Council states they are expecting over 15,000 people to attend, event organizers state an anticipated attendance of 1,000 to 1,500 per day between both sites. The Association has been informed that the Promenade will not accommodate 15,000 people and have been informed that it is their responsibility to control the attendance and capacity of this event. The Chaldean American Association states they will limit promotion and will be publicizing this event to their club in EI Cajon and to the members of St. Michael's Church, however, the event is open to the public. They will have verbal announcements, fliers and posters. Capacity will be monitored throughout the event and controlled by rotating people in and out as space allows. They will be directing people to both sites if one area becomes full. Security will also be present throughout the event, as a requirement. The Chaldean American Association is respectfully inviting the City to co-sponsor this event in any way the City sees fit. They understand that the City is unable to give financial support, and are requesting the City be a community partner in name and assist their efforts with the security of this event, or in whatever manner the City is able. As part of their use, they will be required to provide the following: a certificate of insurance, two licensed uniformed security personnel throughout both days and over night on Saturday, waste management throughout the event, portable'f(~stroom facilities, copies of health permits, EI Cajon business'licensesand' liability insurance for all food vendors, and special event vendor coupons as necessary. FISCAL IMPACT: The Chaldean American Association will be paying all applicable fees for the use ofthe :;~~;;j:@L_:4anc..dL../t_.. ~...... :.~=R=R_C_C_. _ Lori M. Beliveau, Director of Recreation Gmail - Chaldean American Association Inc. 7/21/109:22 AM Noori Sarka Chaldean American Association Inc. 1 message ramzi murad The Chaldean American Association is inviting the city of EI Cajon to co-sponsor our first festival to be located in the city of El Cajon. We are expecting over 15,000 people to participate in this huge event. The festival will include music, dancing, food, and cultural activties. This event will cover two days, Satuarday September 4, and Sunday September 5, 2010; hours are Saturday from 11 am to 8 pm, and Sunday from 11 am to 5 pm. This event will be done annually, and will include not just the East County residents but will cover the entire county of San Diego. We looking forward to working with you. Sincerely, Ramzi Murad https:1 I mail.google.comImailI hiS nk3 dhqwervvI?v~ pt&s~q&q~mu rad&th~ 12ge1850 541 0 15 7b Page 1 of 1 JUL-30-2010 12:14 FROM:COMMUNITY CENTER 440-5675 TO: 5881190 P.2 Permitll _ RESERVATION DATE (S)~~ l1M5 I 20lO EXPECTED AnENOANCE N 4, CJCt:) .goe 2.0.'2.-'1:> ADULTS H MINORS # _ FACiliTY - (PLEASE CIRCLE FACllIlY DESIRED) QF~L AUDITORIUM (INCLUDES 2 PATIOS) (B) EAST AUDITORIUM (INCLUDES 1 PATIO) (e) WEST AUDITORIUM (INCLUOES 1 PATIO) UJ 'f~"t>rome.~().Se.- (D) K rCHEN (El LOBBY ONLY Cbal& NAME OF ORGANIZATION OR GROUP~~Q\Jll \ ,,~tryPE OF ACnvlTV PlANNED. .ella &\kl'l<\ ~{\.ki \ menC2I-l'\ . LIST NAME, ADDRESS, AND TElEPHO NUMBER OF PERSON(S) IN CHARGE OF RESERVATIONS (PEOPLE LISTED MUST BE ADULTS AND BE IN AnENDANCE FOR TOTAL RESERVATION TIME, INCLUDING SET-UP AND CLEAN-UP) (A) NAME _ (B) NAME, _ ADDRESS, _ ADDRESS ---- CITY --'ZIP _ CITY ZIP _ PHONE ( ).,.,.- --:'"":( ) PHONE ( ):;- -;::-;-;( )'-:-- _ HOME BUSINE::"':S,."S------HOME BUSINESS WILL THIS ACTIVITY BE OPEN TO THE GENERAL PUBLIC? YES.(] NO, 0 IF YES. UNDER WHAT CONDITIONS7 _ WILL FEES. CHARGES OR DONATIONS BE COLLECTED? YES [ZJNoD WILL FOOD BE SERVED? DYES G NO CATEREO 0 POT LUCK 0 FOOD PREP. D .LIGHT REFRESHMENTS 0 EXPLAIN--l-(\..!JoW-\t--L.,LV\~b...uc(A,,"dI_\u.d~I~V\~5=C.:>r------o OTHER: _ NAME OF CATERER;, -1ADDRESS PHONE _ ClnOFaCNONBUsmESSLICENSE# ~~---~------~------_ WILL ALCOHOLIC BEVERAGES BE SERVED? . YES ~O. 'IF YES, WHAT TYPE. AND WHAT CONTROLS WILL YOU HAVE TO SEE THAT ONLY PERSONS" YEARS DIYVERWlLL CONSUME ALCOHOL' __0....,=-f-I:<..~~------"TYPES OF ALCOHOL: WINE D BEER D CHAMPAGNE D OTHER _~ _ WILL ALCOHOL BE: SERVED AT NO CHARGE 0 SERVED AT CHARGE D ABC PERMITN--ol.P_t-!I\'--'- _ WILL YOU HAVE MUSIC? IF YES. GIVE NAME OF MUSIC CONTACT ------ ADDRESS (MUSIC CONTACT):--I~J_U_I~~o.4-Ju..:.>.<.L.L-'=.:'r_------PHONE ( L _ TYPE(S) MUSIC D LIVE BAND PIANO DISC JOCKEY D SINGER (S) D OTHER -EXPLAIN ...... _ IT IS UNDERSTOOD AND AGREED THAT APPLICANT SHALL BE SOLELY RESPONSIBLE FOR THE ACTIVITIES CONDUCTED BY IT OR SUBJECT TO ITS CONTROL, AND APPLICANT AGREES TO AND DOES HEREBY HOLD THE CITY HARMLESS FROM ANY AND ALL LIABILITY OR ALLEGED LIABILITY, ARISING OUT OF OR ANY WA Y RELATING TO THE ACTIVITIES CONDUCTED BY SAID APPLICANT: AND IN THE EVENT SUIT IS BROUGHT ARISING OUT OF ANY SUCH ACTIVITIES. APPLICANT WILL DEFEND CITY AND PAY ANY AND ALL AnORNEY'S FEES AND COURT COSTS INCURRED IN SUCH SUIT I HAVE READ AND UNDERSTAND THE INFORMATION CONT8J1J~.etl S OF THIS 2·PAGE PERMIT. MY SIGNATURE INDICATES AGREEMENT TO COMPLY WITH RULES ATE SIDES OF THIS 2·PAGE PERMIT. SIGNATURE OF PERSON MAKING APPLICATION :-:::-----;:::..=~4:2:==::;~====;;:::;:;:::::...-====----- NAME:_-I1'1.o/£-'..It~9:..Jaz=..:A~.L\ '_~e,.,..;z-:~::JIL..-.:.::...-..I{'-L-=-1-"-----TITLE k~ k- PRINT Jd .... ,v-e eJ,. LJ" rh .. 0...... STREET ADDRESS CITY ZIP _ I~l TELEPHONE; (HOMEI (BUSINESSl JUL-30-2010 12:15 FROM:COMMUNITY CENTER 440-5675 TO: 5881190 P.3 CITY OF EL CAJON AGE 2 OF 2 RONALD REAGAN COMMUNITY CENTER FACILITY USE PERMIT NAME ~~Oi,£r,{'G;;./~,\.de2LV\ QLt.\\ttl'Zi. \~\J",\ CLASSIFICATION._---I-itl-VS'~.__ DATE OF EVENT~}l~-,SO: I OlO I0 ROOM(S) :F~t\-d~L TOTAL HOURS 19i----- (INCLUDES SET~UP/CLEAN-UP) ~-.2J\Np CHARGES 5u-~'iAwjS e.f:RMITS AND OTHER BEQUI REMENTS Basic Use Fees """",,(d:IJ~.;.::..O_6-t-~2to.o 8 Set-Up Fees tos.tXJ fu5.00 Special Service Fees S. I 5. Beverage Service o Special Equipment Use Special Equipment Requested: _ ..Clea ning/Security Deposit 4::.~'iP::J..:~:..:.:::t===L _ (Refundable) Security Guard Fees TOTAL FEE: Security Guards(# guards x $ Reservation Deposit: -l-I~.c...::...;:O'::":::~_--:::::.;~__ DECORATIONS APPROVED: _ Date Received ----- Staff Initial ------Staff Inilial, _ Receipt # _ SPECIAL USE CONDITIONS: _ Balance Due: .J.LtkU~tJi:4;;)D (b.-J 4? r(P, 00 Dale Due Dafe Received----- Staff Initial------Receipt # _ ADDITION,AL CHA~G~~OR FEE A~USTMENTS: ~'{)OX wJ:FWfJ!!v.fli1Vr, !fAtS 8'0.00 COMMENTS------ ADDITIONAL AMOUNT DUE: Date Rec'd Receipt # lniL---,-__ *REFUND AMOUNT: Date Cleared with Gen. Svc. Parks _ DATE PROCESSED Staff Initials _ THE ABOVE lISTEO FEES AND REQUIRMENTS ARE HEREBY AGREED UPON BY THE CITY AND THE APPLICANT AND DO HEREBY CON TE MIT FOR USE OF THE RONALD REAGAN COMMUNITY CENTER. ~ Sig nature of Applica : Date ::l L3<> f '2 -"> I 0 Signature of Director~f. ~/1 () ;; Recreation or Design : fL ~ Date: f/L7(/Q - ('/ JUL-30-2010 12:15 FROM:COMMUNITY CENTER 440-5675 TO: 5881190 P.4 CITY OF EL CAJON RECREATION DEPARTMENT Application and Permit for Use of EI Ca'on Plaza, Prescott Promenade & Judson Park Facilities Facility Requested: 1. Plaza 2. Amphitheater e 4. Judson Park/Gazebo 5. (Other) L0!±1r\~\cIf4~n CalYllY'l1 n,l\-< t Cc2.o!a. L Date ofUse: + Expected Attenda.~ntc;e;:';':-r-~~~~~'-'-'=-"::-t-_ Time: Starting Time: .M.fP.M. Ending Time: A,M.fP.M. (rnclude set-up ~'dear\m Lr..~..,V'lAs";(:0 (Include clean-up hme) '. .. Name OfOrganization:\dD~\~ThllrGh Purpose ofEvent: Ch4\£~n gu ~1l0.\ ~~(~o.l Is this event open to the General Public? (vrYes ( )No Will you need an electrical outlet? 'f.--) Yes () No Will refreshments be served? (~s () No () Light Refreshments () Catered _ Will alcohol be served? () Yes (~o (Alcohol is only permitted at El Cajon Plaza, with Council approval.) This permit Is subject to the follOWing regulations: 1. This Permit is valid, pending approval, payment offees and all necessary documentation, only for the persons, dates, times and locations indicated above. 2. All persons shall abide by the Code ofthe City o£EI. Cajon (General Ordinances), and the policies governing use ofCity ofEI Cajon Facilities; this includes, but is not limited to the following: . A. Applicant shall not transport into nor ronsume upon the premises, any intoxicating beverages or liquors, unless approved in advance by City Council action. Alcohol may be served at events at the EI Cajon Plaza, w,th Council approval, and is!l.Q! permitted at Judson Park or Prescott Promenade. B. Applicant is responsible for leaving facilities in a clean condition and for locking electrical outlet, ifused. 3. It is understood and agreed that applicant shall be solely responsible for the activities conducted by it or subject to its control, and applicant agrees to and does hereby hold the City harmless from any and all liability or alleged liability, arising out of, or any way relating to the activities conducted by said applicant; and in the event suit is brought arising out of any such activities, applicant will defend City and pay any and all attorney's fees and court costs incurred in such suit. 4. All amplification equipment to be used during event must be indicated in a letter at1ached to Application, and comply with City ordinance Chapter 9.44 of the Municipal Code. 5. At no time should participants or spectators block doors, walks or at any time interfere with free access to those areas. 6. No fees may be collectcd or solicited. unless approved in advance by City Council. 7. The Permitee must have this Permit in possession during the event. 8. No signs are to be erccted or posted on City property publicizing the activity, unless approved in advance. 9. No vehicles are pennitted to drive or park on ~ass a for loading or unloading ofpassengers or equipment. SIGNATURE OF PERSON RESPONSIBLE {~,,~_~,.,..-,.,..-:..-~~~.. ?:=:=~::::;;~==::;==- -,-__ f~~' (P CITY USE Approved by --: -:-- _ Date _ Signature ofDirector ofRecreation or Designee JUL-30-2010 12:16 FROM:COMMUNITY CENTER 440-5675 TO: 5881190 P.5 City of EI CajonlRecreation Dept. El Cajon Plaza, Prescott Promenade, Judson Park/Gazebo Facility Use Application & Permit Nme ,Noo'" f1.~ btJW2J~ 0MC~ Type OfEven~0V\Qu.\k m\:l£e,h)o. \ Date of Event ~t A[ ~ '5 i J6 \0 Location~ CO't'Y\l.'{)O-O\Ct- Notes _ Total Hours _ FEES AND CHARGES SPECIAL REQUIREMENTS RECEIVED Basic Use Fe"i ~qJ )( ~ jI (Orr! ·00 o Letter for Council Approval o [!t" Proofof Security D o Copy of ABC License o OV1>iagram ofEvent Layout o Subtotal ~Caterer's Information o Special Use Fees _ ff EI Cajon Business License o 0' ~~~~~cation o I!( Certificate ofInsurance o li~~~~~~~\e§> 0 Deposit ~ 1.,. Ate "(r:&6vn:&:.Jr!S~ OhlillC ~ 0 ~5t~ Z\..'i u.s . Total Fees Kf:YS ISSUED Date _ Initial _ Date Due 2D AuyD, to Comments _ PaidJDeposit / Date Initials Receipt # _ PaidJFee Balance / Date Initials --..,.._- Receipt # _ ·Refund Amount: _ Date Processed _ Initials _ Keys Returned: Date _ Initials _ 6.1 June -August 1010 EXECUTIVE OFFICER'S UPDATE new site will feature higher resolution photos and improved functionality. Chief of Government Services Ingrid n May 3rd, the San Hansen completed a work plan for an Diego LAFCO electronic document management sys O adopted jurisdictional tem. Local Government Analyst Robert conflict resolution and water supply poli Barry received the first set of drawings cies. On May 6th, the Rancho Santa Fe from an office planner. Office renovation Community Services District received should be underway in 2010-11. final administrative approval from The following items are scheduled LAFCO to begin undergrounding utili for consideration at the August 2, 2010 ties. LAFCO meeting. During the summer, Commissioners Consent Items Andy Vanderlaan & Carl Hilliard, Ex II "Talwar Annexation" to the Spring ecutive Officer Mike Ott and Consultant Valley Sanitation District Harry Ehrlich attended multiple meet ings of the Coalition of California LAF II "Farhat Annexation" to the Otay COs (CCL). Water District On June 3rd, Chief of Policy Re Public Hearing Item search Shirley Anderson and Mike Ott II "Meadows 3 Detachment" from the attended the Annual Fire Chiefs and Leucadia Wastewater District Bum Institute luncheon. Information Item On July 7th, Mike Ott was ap II Contractual Service Ageement: City pointed by CALAFCO to be the regional of EscondidofWisehart Reorgani chair of an Executive Board Nominating zation Committee. In June and July, a number of op Other Business I'll Fourth Quarter Budget Update FY erational projects were initiated by 2009-10 LAFCO staff: Work began on updating the San LAFCO's website. The I'll 2010 Legislative Report I'll AppointmentslNominations to CALAFCOandCCL San Diego LAFCO 1600 Pacific Highway' Room 452 San Diego, CA 92101 (619) 531-5400 www.sdlafco.org Board Members Lori Holt Pfeiler, Chair Mayor, Escondido 6.2 Jerome Stocks, First Vice Chair (SAMBAS;r Counei/member, Encinitas Jack Dale, Second Vice Chair Counei/member, Santee Matt Hall Counei/member, Carlsbad Cheryl Cox Mayor, Chula Vista Carrie Downey Counei/member, Coronado Crystal Crawford Counei/member, Del Mar ;0 Mark Lewis Note meeting time change to 8 a.m. Mayor, EI Cajon o m Jim Janney -f Mayor, Imperial Beach Friday, July 23, 2010 -< () Art Madrid ~ ~ ~ ~ Mayor, La Mesa .> .>.> 8 a.m. to 12 noon rn Mary Teresa Sessom SANDAG Board Room ~ ~ Mayor, Lemon Grove 401 B street, 7th Floor m ~ '" Ron Morrison = < Mayor, National City San Diego ;g = (j) Jim Wood m Mayor, Oceanside o Don Higginson Mayor, Poway Jerry Sanders Mayor, San Diego AGENDA HIGHLIGHTS Ben Hueso Counei/ President San Diego Jim Desmond DRAFT 2010 REGIONAL TRANSPORTATION Mayor, San Marcos IMPROVEMENT PROGRAM Lesa Heebner Deputy Mayor, Solana Beach Judy Ritter MID-COAST CORRIDOR TRANSIT PROJECT - FINAL Mayor Pro Tem, Vista COMPARATIVE EVALUATION OF ALTERNATIVES Pam Slater-Price Chairwoman, County of San Diego REPORT Bill Horn Vice Chairman, County of San Diego 2010 TransNet PLAN OF FINANCE UPDATE Advisory Members Hon. Wally Leimgruber, Supervisor • 2050 REGIONAL TRANSPORTATION PLAN: DRAFT Imperial County PLAN PERFORMANCE MEASURES AND DRAFT Cindy McKim, Director California Department UNCONSTRAINED TRANSPORTATION NETWORK ofTransportation Harry Mathis, Chairman Metropolitan Transit System PLEASE TURN OFF CELL PHONES DURING THE MEETING Bob Campbell, Chairman North County Transit District YOU CAN LISTEN TO THE BOARD OF DIRECTORS CAPT Keith Hamilton, USN, CEC, Southwest Division Naval Facilities MEETING BY VISITING OUR WEB SITE AT WWW.SANDAG.ORG Engineering Command U.S. Department of Defense Scott Peters, Commissioner MISSION STATEMENT San Diego Unified Port District The 18 cities and county government are SANDAG serving as the forum for regional decision-making. Mark Muir, Director San Diego County Water Authority SANDAG builds consensus, makes strategic plans, obtains and al/ocates resources, plans, engineers, Edwin 'Thorpe' Romero/Allen Lawson and builds public transit, and provides information on a broad range of topics pertinent to the Southern California Tribal region's quality of life. Chairmen's Association Remedios G6mez-Arnau San Diego Association of Governments· 401 B Street, Suite 800, San Diego, CA 92101-4231 Consul Genera/ of Mexico (619) 699-1900 . Fax (619) 699-1905 . www.sandagorg Gary L. Gallegos Executive Director, SANDAG 1a0 Welcome to SANDAG. Members of the public may speak to the Board of Directors on any item at the time the Board is considering the item. Please complete a Speaker's Slip, which is located in the rear of the room, and then present the slip to the Clerk of the Board seated at the front table. Also, members of the public are invited to address the Board on any issue under the agenda item entitled Public Comments/Communications/Member Comments. Speakers are limited to three minutes. The Board of Direc!ors may take action on any item appearing on the agenda. This agenda and related staff reports can be accessed at www.sandag.org under Meetings on the SANDAG Web site. Public comments regarding the agenda can be forwarded to SANDAG via the e-mail comment form also available on the Web site. E-mail comments should be received no later than 12 noon, two working days prior to the Board of Directors meeting. Any handouts, presentations, or other materials from the public intended for distribution at the Board of Directors meeting should be received by the Clerk of the Board no later than 12 noon, two working days prior to the meeting. In compliance with the Americans with Disabilities Act (ADA), SANDAG will accommodate persons who require assistance in order to participate in SANDAG meetings. If such assistance is required, please contact SANDAG at (619) 699-1900 at least 72 hours in advance of the meeting. To request this document or related reports in an alternative format please call (619) 699-1900, (619) 699-1904 (TTY), or fax (619) 699-1905. SANDAG offices are accessible by public transit. Phone 511 or see 511sd.com for route information. FRONT AND ,SECOND AVE. EXIT /// DOWNTOWN SAN DIEGO Rev041410 1';).7 BOARD Of DIRECTORS AGENDA Friday, July 23, 2010 ITEM # RECOMMENDATION +1. APPROVAL OF MEETING MINUTES APPROVE +A. JUNE 11,2010, BOARD POLICY MEETING MINUTES +B. JUNE 25, 2010, BOARD BUSINESS MEETING MINUTES 2. PUBLIC COMMENTS/COMMUNICATIONS/MEMBER COMMENTS Members of the public shall have the opportunity to address the Board on any issue within the jurisdiction of SANDAG that is not on this agenda. Anyone desiring to speak shall reserve time by completing a "Request to Speak" form and giving it to the Clerk of the Board prior to speaking. Speakers are limited to three minutes. Board members also may provide information and announcements under this agenda item. +3. ACTIONS FROM POLICY ADVISORY COMMITIEES APPROVE This item summarizes the actions taken by Borders Committee on June 25, the Transportation and Regional Planning Committees on July 2, the Executive Committee on July 9, and the Transportation Committee and Public Safety Committees on July 16, 2010. CONSENT ITEMS (4 through 6) +4. 2008 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM: APPROVE AMENDMENT NO. 23 AND AIR QUALITY CONFORMITY ANALYSIS (Sookyung Kim)* The 2008 Regional Transportation Improvement Program (RTIP) is the five-year program of major transportation projects in the San Diego region covering the period from FY 2009 to FY 2013. This RTIP amendment includes a programming action for a City of San Marcos project, which also required a re-determination of air quality conformity. The Transportation Committee recommends that the Board of Directors approve Resolution No. 2011-02, including Amendment No. 23 to the 2008 RTIP, as well as a finding of conformity and the redetermination of conformity of the 2030 Regional Transportation Plan. +5. PROPOSED FY 2011 BUDGET AND OVERALL WORK PROGRAM APPROVE AMENDMENT: ARJIS REGIONAL INFORMATION SHARING AND COLLABORATION PROJECT (EI Cajon Mayor Mark Lewis, Public Safety Committee Chair; Kurt Kroninger) The Automated Regional Justice Information System (ARJIS) has been selected to receive $684,731 in grant funding from the U.S. Department of Homeland Security (DHS) for a project entitled "Regional Information Sharing and Collaboration," or RISe. The goals of the RISC project include capturing and sharing information about individuals of interest to aid in their identification as well as sharing information about different law enforcement operations to ensure enhanced collaboration. The Public Safety Committee recommends that the Board of Directors approve an amendment to the FY 2011 Budget and Overall Work Program to accept $684,731 in funding from the U.S. Department of Homeland Security for OWP Project No. 73512: ARJIS: Regional Information Sharing and Collaboration. +6. REPORT SUMMARIZING DELEGATED ACTIONS TAKEN BY EXECUTIVE INFORMATION DIRECTOR (Lauren Warrem) In accordance with SANDAG Board Policy Nos. 003 (Investment Policy), 017 (Delegation of Authority), and 024 (Procurement and Contracting Construction), this report summarizes certain delegated actions taken by the Executive Director since the last Board of Directors meeting. +7. REPORTS ON MEETINGS AND EVENTS ATTENDED ON BEHALF OF INFORMATION SANDAG (Kim Kawada) Board members will provide brief reports orally or in writing on external meetings and events attended on behalf of SANDAG since the last Board of Directors meeting. CHAIR'S REPORT (8) +8. PERFORMANCE EVALUATION OF EXECUTIVE DIRECTOR APPROVE Pursuant to the employment agreement with the Executive Director, the Board of Directors annually shall review his performance. If the Executive Director's performance is determined to be satisfactory, the Board of Directors shall adjust his base salary in accordance with the employment agreement provisions. The Executive Committee recommends that the Board of Directors approve the Executive Director's Performance Evaluation for the period July 2009 to June 2010 and Performance Objectives for the period July 2010 to June 2011. REPORTS (9 through 15) +9. SANDAG FINAL PROPOSED AMENDMENT TO FEDERAL TRANSIT APPROVE ADMINISTRATION OVERALL DISADVANTAGED BUSINESS ENTERPRISE GOAL-SETIING METHODOLOGY FOR FFY 2010-FFY 2012 (First Vice Chair Jerome Stocks; Laura Cote) The Board of Directors is asked to approve the Final Proposed Amendment to the Federal Transit Administration Overall Disadvantaged Business Enterprise Goal-Setting Methodology. +10. DRAFT 2010 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM, ACCEPT INCLUDING THE DRAFT AIR QUALITY CONFORMITY DETERMINATION (Second Vice Chair Jack Dale, Transportation Committee Chair; Sookyung Kim)* SANDAG, as the metropolitan planning organization for the San Diego region, is required by state and federal laws to develop a Regional Transportation Improvement Program (RTIP), a multiyear program of proposed major highway, arterial, transit, and nonmotorized projects, including the TransNet Program of Projects. The 2010 RTIP, covering FY 2011 to FY 2015, is due to the state by October 1, 2010. The Transportation Committee recommends that the Board of Directors (1) accept for review and distribution the draft 2010 RTIP, including its air quality conformity analysis and the draft air quality conformity redetermination of the 2030 Revenue Constrained Regional Transportation Plan: Pathways for the Future for a 30-day public comment period; and (2) schedule a public hearing regarding the draft 2010 RTIP. +11. MID-COAST CORRIDOR TRANSIT PROJECT - FINAL COMPARATIVE APPROVE EVALUATION OF ALTERNATIVES REPORT (Second Vice Chair Jack Dale, Transportation Committee Chair; Leslie Blanda)* The final Comparative Evaluation of Alternatives report presents a summary of the comments received during the scoping period for the Mid-Coast Corridor Transit Project draft Supplemental Environmental Impact Statement/Subsequent Environmental Impact Report (SEIS/SEIR) as well as proposed responses to the comments. The Transportation Committee recommends that the Board of Directors: (1) reconfirm the previously adopted Locally Preferred Alternative (LPA) as refined to include direct service to University of California, San Diego and University Towne Centre, by selecting light rail transit (LRT) Alternative 1 (combines 1, 4, and 5) as the LPA; (2) approve LRT Alternative 1 and the No-Build Alternative for evaluation in the Mid-Coast Corridor Transit Project draft Supplemental Environmental Impact Statement/Subsequent Environmental Impact Report; and (3) approve the final Public Involvement Plan. +12. 2010 TransNet PLAN OF FINANCE UPDATE (Second Vice Chair Jack Dale, APPROVE Transportation Committee Chair; Kim Kawada and Marney Cox)* Staff will provide an update on the annual Plan of Finance, including an updated program-level analysis of the current TransNet Early Action Program of projects and possible financial scenarios for future consideration. The Transportation Committee recommends that the Board of Directors (1) approve the 2010 TransNet Plan of Finance update, which incorporates the proposed projects in the revised Robust scenario; (2) authorize the Executive Director to amend the FY 2011 SANDAG Budget to incorporate the new capital projects; and (3) approve revision to the set-aside of federal and state discretionary funding for the TransNet Early Action Program from 94 percent to 90 percent. These actions will support the pending issuance of $300-$350 million in long-term fixed rate debt. +13. 2050 REGIONAL TRANSPORTATION PLAN: DRAFT PLAN PERFORMANCE APPROVE MEASURES (Second Vice Chair Jack Dale, Transportation Committee Chair; Charles "Muggs" Stoll)* Proposed plan performance measures have been developed for use in the preparation of the 2050 Regional Transportation Plan. The Transportation Committee recommends that the Board of Directors approve the 2050 Regional Transportation Plan performance measures in slJbstantially the same form as attached to the report. +14. 2050 REGIONAL TRANSPORTATION PLAN: DRAFT UNCONSTRAINED ACCEPT TRANSPORTATION NETWORK (Second Vice Chair Jack Dale, Transportation Committee Chair; Charles "Muggs" Stoll)* Defining the Unconstrained Transportation Network is an important step in developing an updated Regional Transportation Plan, because it establishes the broadest multimodal network from which revenue constrained network scenarios will be developed. The Transportation Committee recommends that the Board of Directors accept the draft Unconstrained Transportation Network for use in the development of the 2050 Regional Transportation Plan. +15. SENATE BILL 375 IMPLEMENTATION: PROPOSED FINAL GREENHOUSE APPROVE GAS TARGETS FOR THE SAN DIEGO REGION (Rob Rundle) SANDAG has been collaborating with the California Air Resources Board (CARB) and the other metropolitan planning organizations in the state on developing draft greenhouse gas (GHG) targets pursuant to Senate Bill 375 (Steinberg, 2008) (5B 375). The Board of Directors is asked to approve the submittal of the proposed final GHG targets for 2020 and 2035, pursuant to SB 375 to CARB for consideration in advance of the release of their proposed final GHG targets (anticipated to be released on August 9,2010). This item was not ready at the time of mailout and will be sent out under separate cover when completed. l31 16. UPCOMING MEETINGS INFORMATION The next Board Policy meeting is scheduled for Friday, September 10, 2010, at 10 a.m. The next Board Business meeting is scheduled for Friday, September 24, 2010, at 9 a.m. 17. ADJOURNMENT + next to an agenda item indicates an attachment * next to an agenda item indicates a San Diego Regional Transportation Commission item SANDAG 6.3 BOARD OF DIRECTORS ZU\u AUG ~ 2 \0: 4 \ AND POLICY ADVISORY COMMITTEE LEADERSHIP MEETING friday, July 30, 2010 9 to 10:30 a.m. SANDAG Conference Room SA 1. Results of 2050 RTP Telephone Surveys (Anne Steinberger/Kristen Rohanna) 2. Proposals for HUD $100 million Sustainable Communities Regional Planning Grant Program (Muggs Stoll) • Applications due August 23rd 3. Coordination/Collaboration with Outside Groups 4. Joint Meeting with San Diego County Water Authority Board of Directors • Timing, agenda topics 5. Next Meeting - Friday, Odober 29, 2010, 9 to 10:30 a.m. 133 6.4 AGENDA LOCAL AGENCY FORMATION COMMISSION MONDAY, AUGUST 2,2010,9:00 A.M. ROOM 302, COUNTY ADMINISTRATION CENTER 1600 PACIFIC HIGHWAY SAN DIEGO, CALIFORNIA 1. Roll Call 2. Approval of Minutes of Meeting Held Month May 3, 2010 3. Executive Officer's Recommended Agenda Revisions 4. Commissioner/Executive Officer Announcements 5. Public Comment: Opportunity for members of the pUblic to speak to the Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed 3 minutes. Please note that for an item on today's agenda, speakers should fill out a speaker slip and address the commission when the agenda item is discussed and their name is called. CONSENT ITEMS All items listed under the Consent Item(s) have 100% consent of landowners, are considered routine,and will be enacted in one motion. There will be no separate discussion of these items prior to Commission action on the motion, unless members of the Commission, staff, or the public request specific items to be removed from the Consent Agenda. Recommended District Action: 6. DA09-12 Proposed "Talwar Annexation" to the Spring Valley Approve Sanitation District (1.62 acres) 7. DA10-03 Proposed "Farhat .Annexation" to the Otay Water Approve District (1.36 acres) LAFCO Agenda Page 2 August 2,2010 PUBLIC HEARING ITEM Public Hearing Items require expanded public notification per provisions in State Law or directives of the Commission or Executive Officer. Recommended District Action: 8. 0010-01 Proposed "Meadows 3 Detachment" from the Approve Leucadia Wastewater District (32.52 acres) JURISDICTIONAL INFORMATION ITEM Jurisdictional Information Items are placed on the agenda for information purposes only per provisions in State Law or Local Policy/Procedures. Consequently, no Commission action can be taken on these items. Affected agencies should note that certain proposals (annexations to districts initiated by property owners or registered voters, or detachments from cities) trigger a 60-day period in which the subject agency (district or city) may adopt a resolution terminating proceedings. 9. OAS10-05; R01 0-05 Administrative Approval of a Contractual Information Service Agreement: City of Escondido I "Wisehart Reorganization" (0.64 acre) OTHER BUSINESS ITEMS Other business items involve administrative, budgetary, legislative, or personnel matters and mayor may not be subject to public hearings. 10. Fourth QuarterBudget Update FY2009-10 Receive/ Ratify 11. 2010 Legislative Update Information/ Direction 12. Appointments/Nominations to CALAFCO and Coalition of Information/ California LAFCOs Direction Adjournment - Next Meeting Monday, September 13, 2010 Room 302, County Administration Center. City Clerk Date Stamp MEETING: 8/10/10 ( nr;' ''-_.':''_ ;,-i l ITEM NO:_--::..7:..:..1__ ZHlf} DATE: August 2, 2010 TO: Mayor and City Council FROM: Mayor Pro Tern Bill Wells SUBJECT: Council Activities Report RECOMMENDATION: That the City Council accept and file the following report of Council/Mayor activities attended during the current agenda period. BACKGROUND: . Government Code Section 53232.3(d) requires members of a legislative body to provide brief reports on meetings attended at the expense of the local agency at the next regular meeting ofthe legislative body. REPORT: Since the last City Council meeting, I have attended the following events on behalf ofthe City of EI Cajon: 7/28/10 Metro JPA Finance Subcommittee Meeting 7/30/10 Sephora Grand Opening at J.C.Penneys 8/5/10 Pacific Health Systems Grand Opening 8/5/10 Metro JPA Meeting 8/10/10 Council Advisory Meeting - CDC Report 8/10/10- City Council Agenda Meeting City Council Meeting 3:00 p.m. I will be happy to answer any questions you may have. SUBMITTED BY, j/) '.)'j. c" r"'" /" Y.. /.J IJ.? .' (L7Gcl vvmO Bill Wells Mayor Pro Tern 1 J3b City Clerk Date Stamp MEETING: 8/10/10 u· ITEM NO: 8.1 20m - 3 P-, 8: lj DATE: August 3,2010 TO: Mayor and City Council FROM: Councilmember Hanson-Cox SUBJECT: Council Activities Report RECOMMENDATION: That the City Council accept and file the following report ofCouncil/Mayor activities attended during the current agenda period. BACKGROUND: Government Code Section 53232.3(d) requires members of a legislative body to provide brief reports on meetings attended at the expense ofthe local agency at the next regular meeting ofthe legislative body. REPORT: See attached report. I will be happy to answer any questions you may have. Jillian Hanson-Cox Councilmember J31 Jillian Hanson-Cox Council Activities Report for Time Frame July 23 thru August 4, 2010 Fri, July 23, 2010 * Concerts on the Green * Reviewed the downtown area, including Promenade Sat, July 24,2010 * Met Rancho Santee Lions * Meeting with "Srs on the Move" * Meeting with Ron Pennock * City Hall * Met Governor Mike Huckabee (welcome to EI Cajon) Mon, July 26, 2010 * Meeting with Kathi Henry and Staff, Mike Cully of SDECC, and Cindi Fargo of CDC for marketing EI Cajon. Tues, July 27,2010 * Meeting with Government Affairs * Council Meeting * Meeting with Ellen Malin, Senator Dennis Hollingsworth office * Meeting with Daryl Priest * Meeting with EI Cajon Brewery owner at restaurant site * Meeting with Dave Rickards, EC Fire Wed, July 28, 2010 * Meeting with 2nd Street Business Merchant Group Thur, July 29,2010 * Meeting with Supervisor Dianne Jacob, Congressman Duncan Hunter's office, Senator Dennis Hollingsworth's office, Assemblyman Joel Anderson's office, and Chief's of City of EI Cajon and San Diego County of Police and Fire, including other San Diego County agencies to discuss refugees. Sun, Aug 1, 2010 * Drove around EI Cajon and reviewed various property sites, including those vacant. * Drove around San Diego County to review various hotel property chains. L38' Page 2 Jillian Hanson-Cox I Council Activities Report Mon, Aug 2, 2010 * Meeting with Kathi Henry and Melissa Ayers I Economics * Meeting with Tony Ambrose Tues, Aug 3, 2010 * Meeting with Daryl Priest * Meeting with John Gibson Wed, Aug 4, 2010 * Meeting with EC Business Merchant Association * Classic Downtown Cruise City Clerk Date Stamp MEETING: 8110110 ITEM NO: 9.1 DATE: August 2,2010 TO: Mayor and City Council FROM: Councilmember Kendrick SUBJECT: Council Activities Report RECOMMENDATION: That the City Council accept and file the following report of Council/Mayor activities attended during the current agenda period. BACKGROUND: Government Code Section 53232.3(d) requires members of a legislative body to provide brief reports on meetings attended at the expense ofthe local agency at the next regular meeting ofthe legislative body. REPORT: Since the last City Council meeting, I have attended the following events on behalf ofthe City of EI Cajon: August 10, 2010 - Council Advisory Meeting - CDC Report August 10,2010 - City Council Meeting -3:00 p.m. I will be happy to answer any questions you may have. SUBMITTED BY, <~ l/ (:) f1;~ tel r({t~. f t g6Jn~ir~~~cbker %!~;) 1 lifo City Clerk Date Stamp MEETING: 8/10/10 ITEM NO: 10.1 Q. ')0 ZOla -2 A I' L-I DATE: August 2,2010 TO: Mayor and City Council FROM: Councilmember McClellan SUBJECT: Council Activities Report RECOMMENDATION: That the City Council accept and file the following report of Council/Mayor activities attended during the current agenda period. BACKGROUND: Government Code Section 53232.3(d) requires members of a legislative body to provide brief reports on meetings attended at the expense ofthe local agency at the next regular meeting ofthe legislative body. REPORT: Since the last City Council meeting, I have attended the following events on behalf ofthe City of EI Cajon: July 28, 2010 Libby Falter's 100th Birthday Celebration August 2,2010 MTS Budget Meeting August 10, 2010 Council Advisory Meeting - CDC Report August 10, 2010 - Council Meeting - 3:00 p.m. I will be happy to answer any questions you may have. SUBMITTED BY, /? ;1)/, /}/// \L/,)b / / I {! l/{ei.lt2 J~j Bob McClellan (tS.); Councilmember 1 11 LEGISLATIVE REPORT 2010 COUNCIL BILL STATUSI BILL NO. SPONSOR SUBJECT POSITION COMMITTEE DATE LAST ACTION DATE An act to amend Section 53760 of, and to add Sections 8860,8861,8862, 5/26/2009 & 6/14/2010 To inactive file on motion of AS 155 Mendoza 8863, 8864 and 8865 to the Oppose Assembly 4/13/2010 Senator DeSaulnier. Government Code, relating to local government - bankruptcy proceedings. An act to amend Section 6203 of the 1/31/2010 Failed Deadline pursuant to Rule AS 178 Skinner Revenue and Taxation Code, relating to 3/24/2009 Monitor Assembly 61(b)(3). (Last location was REV. & TAX on taxation. 12/4/2009). An act to amend Section 36933 of the Government Code, relating to County and city ordinances. AMENDED 5/10/10 7/15/2010 In committee: Placed on APPR AS 715 Caballero 5/26/2009 Support Assembly As amended, land conservation: suspense file. subventions to local government: fundinQ. An act to add Section 798.47 to the Calderon, 6/29/2010 In committee: Set first hearing. AS 761 Civil Code, relating to mobile homes: 5/26/2009 Oppose Assembly Charles Failed passage. Reconsideration granted. rent control. An act to add Section 37113 to the 1/31/2010 Failed Deadline pursuant to Rule AS 1192 Strickland, Audra Government Code, relating to cities. 5/26/2009 Oppose Assembly 61 (b)(3). (Last location was L. GOV. on Local government: powers. 1/4/2010). An act to add Section 24059 to the 8/2/2010 Senate amendments concurred in. AS 1399 Anderson Government Code, relating to local 6/09/2009 Support Assembly To enrollment. government officials. State funds: registered warrants. An act to add Section 17203.6 to the AS 1506 Anderson Government Code, relating to state 7/14/2009 Support Assembly 8/2/2010 Do pass as amended. funds, and declaring the urgency thereof, to take effect immediately The Legislative Report tracks bills for the 2009·2010 Session of the California Legislature that the EI Cajon City Council! Redevelopment Agency has voted to monitor, support or oppose. Page - 1 - Updated August 4, 2010 at 11:00 a.m. for the August 10, 2010 City Council Meeting -l::. N COUNCIL BILL STATUSI BILL NO. SPONSOR SUBJECT POSITION COMMITTEE DATE LAST ACTION DATE Local Government - City Councils. 7/7/2010 Chaptered by Secretary of State - AS 1668 Knight Extends the appointment period to fill 5/25/2010 Support Assembly Chapter 38, Statutes of 2010. council vacancy from 30 to 60 days. 8/3/2010 In committee: Hearing postponed by committee. From committee chair, with Chelsea's Law. Sex offenders: AS 1844 Fletcher 5/11/2010 Support Assembly author's amendments: Amend, and re-refer punishment: parole. to committee. Read second time, amended, and re-referred to Com. on APPR. 6/4/2010 Failed Deadline pursuant to Rule AS 2198 Cook Tribal gaming: local agencies 4/27/2009 Support Assembly 61 (b)(11). (Last location was APPR. SUSPENSE FILE on 5/5/2010). AS 2340 Monning Employee's right to bereavement leave. 5/25/2010 Oppose Assembly 8/312010 From committee: Do pass. Local government bonds: special taxes: 1/14/2010 To inactive file on motion of ACA 9 Huffman 3/24/2009 Support Assembly voter approval. Assembly Member Torrico. To amend title III of the Americans with Disabilities Act of 1990 to require a plaintiff to provide a defendant with an 6/12/2009 Referred to the Subcommittee on House of HR 2397 Hunter opportunity to correct a violation of such 6/912009 Support the Constitution, Civil Rights, Civil Liberties, Representatives title voluntarily before the plaintiff may Crime, Terrorism, and Homeland Security. commence a civil action, and for other purposes. An act to amend Section 11834.03 of the Health and Safety Code, relating to alcohol and drug programs. 6/22/2010 Set, first hearing. Hearing SS 268 Harman AMENDED 3/10/10: An act to add 3/24/2009 Support Senate canceled at the request of author. Section 4576 to the Penal Code, relating to correctional facilities: wireless communication devices. The Legislative Report tracks bills for the 2009-2010 Session of the California Legislature that the EI Cajon City Council! Redevelopment Agency has voted to monitor, support or oppose. Page - 2 - Updated August 4, 2010 at 11:00 a.m. for the August 10, 2010 City Council Meeting -$::. '-.....:) COUNCIL BILL STATUSI BILL NO. SPONSOR SUBJECT POSITION COMMITTEE DATE LAST ACTION DATE 7/1/2010 From committee: Do pass, but first Land use: general plan: disadvantaged be re-referred to Com. on APPR. Re- SB 1174 Wolk 5/25/2010 Oppose Senate unincorporated communities. referred to Com. on APPR. (Heard in committee on June 30.) 5/7/2010 Failed Deadline pursuant to Rule Emergency medical services: SB 1281 Padilla 5/25/2010 Support Senate 61 (b)(6). (Last location was JUD. on defibrillators. 5/4/2010) 8/2/2010 From committee with author's Vehicles: automated traffic enforcement SB 1362 Simitian 5/25/2010 Oppose Senate amendments. Read second time. Amended. systems. Re-referred to Com. on APPR. The Legislative Report tracks bills for the 2009·2010 Session of the California Legislature that the EI Cajon City Council! Redevelopment Agency has voted to monitor, support or oppose. ::t: Page· 3 - Updated August 4, 2010 at 11:00 a.m. for the August 10, 2010 City Council Meeting 11.1 July 23, 2010 Issue #29 IN THIS ISSUE: Page 3: Pace Programs Encounter Federal Resistance, Outcome Uncertain Page 4: Court Rules Cities Overcharged for Property Tax Administration Page 5: DOE's Technical Assistance Program Will Now Assist ARRA Projects Optimize Your City's Resources LEAGUE OF CALIFORNIA CITIES CONDEMNS EXCESSIVE COMPENSATION IN CITY OF BELL Calls City an Anomaly, Many Cities Cutting Services and Salaries to Survive Economic Downturn The League of California Cities commented today about the recent reports of excessive compensation paid to certain officials in the city of Bell. For more, see Page 2. •••••••••••••••••••••••••••••••••••• GET FRIENDS AND GET OUT THE VOTE-SOCIAL MEDIA KEY TO PASSAGE OF PROP. 22 Facebook, Twitter Help Spread the Word to Protect Local Services and Stop State Raids Yes on 22, the campaign to protect local services, is gaining momentum daily thanks in part to a growing community of Facebook fans and Twitter followers. Yes on 22 already has close to 4,000 Facebook fans and we're trying to reach 5,000 in the immediate future. In addition to the campaign Web site - www.savelocalservices.com - Facebook and Twitter pages will be the place to find the latest on the Yes on 22 campaign. We need you to help spread the word and help us grow our list of followers. For more, see Page 2. •••••••••••••••••••••••••••••••••••• LEAGUE BOARD VOTES ON TWO NOVEMBER BALLOT MEASURES IMPACTING CITIES The League's board of directors took action last week to oppose two ballot measures: Proposition 19, the Regulate, Control and Tax Cannabis Act of 2010, and Proposition 26, regarding state and local fees and charges. For more, see Page 3. 'Bell' Continued from Page 1... League President Robin Lowe, Hemet city council member, said: "Like the residents of Bell, I was shocked to read the news accounts about the excessive salaries paid to certain officials in the city of Bell. While every public official and employee deserves to be paid fairly for their work, the salaries reportedly paid to senior administrators and the city council shock the conscience." Up and down California, ethical city officials are cutting services, eliminating positions, and reducing salaries to keep city halls open and provide vital local services to residents. The devastating recession, coupled with ongoing, fiscally irresponsible state raids of local revenues, has forced cities to take these actions. City leaders across California are taking responsible steps to keep their budgets in balance while meeting local service needs. League Executive Director Chris McKenzie added: "We applaud the residents of Bell for demanding accountability from their elected and appointed officials for the outrageous salaries being paid. The proper level of compensation is typically set in relationship to the breadth and complexity of the responsibilities of the position, length of experience, the level of education required, comparisons to cities of comparable size and with similar services, and other relevant factors. Cities frequently survey other similar cities to make sure they are paying within market rates. We are unaware of any city in the nation where salaries of this level are paid for comparable positions." Lowe continued: "The reported abuses are an embarrassment to the thousands of hard-working men and women in city government who are fairly compensated. These practices are the antithesis of what the League of California Cities stands for and represents. We support and offer our assistance to the Los Angeles County District Attorney and the California State Attorney General in their investigations of the lawfulness of these salaries in the city of Bell. The prudent management of public funds is a sacred trust and responsibility of elected officials. Situations like this appall all of us." The League of California Cities has worked closely with state leaders over the years in the enactment of the Ralph M. Brown Open Meetings Act and the Public Records Act. In 2004, the organization helped draft and strongly supported the passage of Proposition 59 making access to public meetings and records a fundamental constitutional right of the people of California. The League provides extensive training and assistance to city officials in open government (see www.cacities.org/opengovernment) and ethics in partnership with the Institute for Local Government, the research arm of the League and the California State Association of Counties. For more information, please visit www.ca-ilg.org/trust. McKenzie concluded: "City leaders stand ready to work with our state counterparts to craft a package of legal reforms and best practices guidelines to bring greater transparency to both local and state government decisions about compensation of public officials and administrators. State and local leaders need to collaborate to set the highest ethical and legal standards for how compensation is determined and set for state and local officials. The public deserves no less. The League's City Managers' Department has already formed an internal task force that is working on a series of recommendations that we expect to be sharing with our board of directors and the legislature in the very near future. The League looks forward to engaging our state counterparts and trust they want to set the same standard for open government and transparency in all branches of state government." 'Facebook' Continued from Page 1... We need all Prop. 22 supporters to get involved in the Yes on 22 campaign using Facebook (http://www.facebook.com/home.php?#!/pages/Californians-to-Protect-Local-Taxpayers-and-Vita1 services/298724295203) and Twitter (http://twitter.com/yesonprop22), on your own personal time and personal computer: 2 • Become a Yes on 22 fan on Facebook (http://www.facebook.com/home.php?#!lpages/Californians-to-Protect-Loca 1-Taxpayers and-Vital-services/298724295203); .. Post a status update on your Facebook page asking your friends to become a fan of Yes on 22; .. Suggest the campaign's Facebook page (http://www.facebook.com/home.php?#!lpages/Californians-to-Protect-Local-Taxpayers and-Vital-services/298724295203) or send a message to your friends, encouraging them to become a fan; and .. Follow the campaign on Twitter (http://twitter.com/yesonprop22) and tweet about Prop. 22, including a link to the Yes on 22 Facebook page(http://www.facebook.com/home.php?#!lpages/Californians-to-Protect-Local- Taxpayers-and-Vital-services/298724295203). Prop. 22, slated for the November 2010 statewide ballot, protects local services by: • Stopping the state from taking or borrowing local tax dollars dedicated to cities and counties to fund vital local services such as 9-1-1 response, police, and fire protection; and • Stopping the state from taking or diverting gas taxes paid by consumers at the pump that voters have dedicated to local road repairs, transportation improvements, and public transportation. Please visit www.savelocalservices.com for additional information on Prop. 22 and information about how to get involved with the campaign to protect local services and stop state raids. 'Ballot Measures' Continued from Page 1... The board decided to oppose Prop. 19 based on the public safety risks associated with expanding marijuana possession and sales which far outweigh the potential benefits for local revenue gain. The board's opposition to Prop. 26 was focused on the negative consequences that the measure's provisions would have on existing local authority to raise revenue. The League took action on Prop. 19 and Prop. 26 because of the significant and direct implications they would have for cities. A total of 10 measures, including the League's own Prop. 22, the Local Taxpayer, Public Safety and Transportation Protection Act of 201 0, will be on the ballot for the Nov. 2 statewide election. The League's board elected not to take action on any of the other scheduled ballot measures due to the focus on passing Prop. 22. Pace Programs Encounter Federal Resistance, Outcome Uncertain The League is actively monitoring developments related to recent federal housing financing regulatory concerns with local Property Assessed Clean Energy (PACE) programs. The growing controversy has stalled many existing programs, triggered a lawsuit by the state Attorney General and sparked an introduction of federal legislation. PACE programs use an existing municipal tax assessment process to repay loans for renewable energy and energy efficiency improvements that are paid back through property tax payments over a 20-year period. The programs work by allowing a local government to issue low-interest bonds which are then made available as loans to property owners seeking financing (via a tax assessment) to pay for residential energy efficiency improvements. Property owners pay back the loan to the city or county through their property tax assessments over a 20-year period. Cities benefit from the program through local job growth and by helping to meet the city's carbon reduction goals. Earlier this month, efforts by the Federal Housing Finance Agency (FHFA) and the Office of Comptroller of the Currency (OCC) put an indefinite freeze on the energy efficiency loans for residential and commercial property owners. FHFA and OCC issued a guidance bulletin to alert 3 national banks and mortgage lenders of their concerns regarding state and local tax assessment programs for renewable and energy efficiency improvements. Their position is that PACE loan programs hurt both the housing finance system and homeowner program participants. More information about this document is available online. (http://www.fhfa.gov/webfiles/15884/PACESTMT761 O.pdf) This guidance bulletin was issued on the heels of lender and industry advice letters from Fannie Mae and Freddie Mac, which are regulated by FHFA. The letters outlined their concerns with PACE programs saying that PACE property assessments could not take precedence over a mortgage but did not offer any guidance on how to handle PACE loans. Eleven cities and counties in California have established PACE programs. In addition, California Communities is in the process of launching the California FIRST PACE pilot program which will include 141 cities. The California First program is scheduled to begin in September. Three bills may be placed on hold at the state level that would expand the allowable uses of this financing to include sewer lateral improvements, distributed generation and seismic strengthening. PACE programs supporters will be working in Washington D.C. to move legislation to resolve the FHFA and OCC blockage. U.S. Rep. Mike Thompson (D-CA) introduced H.R. 5766 to protect PACE programs and associated green jobs and environmental benefits. More information on this measure is available online at http://mikethompson.house.gov/PRArticle.aspx?NewsID=461. In addition, Attorney General Jerry Brown filed a lawsuit in federal court, challenging the authority of federal regulators to restrict local governments' ability to use their tax-assessment authority. The suit also seeks to force regulators to conduct an environmental review before taking any steps which would curtail the program's reach in California. More information about the lawsuit is available online at http://ag.ca.gov/newsalerts/release.php?id=1920&. State legislation on this issue could emerge as well. The League will continue to monitor federal and state developments on this issue and share updates as available. Court Rules Cities Overcharged for Property Tax Administration In a lawsuit brought by 47 cities in Los Angeles County, the California Second District Court of Appeal recently ruled that the Los Angeles County Auditor unlawfully overcharged cities' property tax administration fees for transfers of property tax to cities under two complicated financing mechanisms that originated as a result of state takeaways. The dispute involves fees charged by the auditor to redirect property tax to replace sales tax under the Triple Flip and vehicle license fees under the VLF-Property Tax Swap. More information on the Triple Flip and VLF-Property Tax Swap can be found at www.CaliforniaCityFinance.com. The Court ruled that the charges far exceeded the actual costs incurred by the auditor. Statewide the overcharges could amount to over $20 million per year. In 2006, cities objected when some county property tax administration fees jumped substantially in relation to state imposed swaps of local revenues. Cities claimed that the fees far exceeded a section of applicable state law that states "the fee ... shall not exceed the actual cost of providing these services." (Revenue and Taxation Code Section 97.75). Most other county auditors have followed this same practice, including Fresno County, which faced a similar lawsuit from seven of its cities. The League has supported cities on this issue by first obtaining the opinion of the California State Controller in support of their position and then providing technical advice and support and filing an amicus briefs in both the Fresno and Los Angeles cases. The Court's opinion is available online at www.courtinfo.ca.gov/opinions/documents/B218347.DOC. Attorneys familiar with the case report that it may be 60-80 days before it is clear that no appeal of this ruling is accepted by the California Supreme Court. 4 DOE's Technical Assistance Program Will Now Assist ARRA Projects The Department of Energy (DOE) launched a technical assistance program last week that will support projects in the State Energy Program (SEP) and Energy Efficiency and Conservation Block Grant Program (EECBG) under the American Recovery and Reinvestment Act (ARRA). The Technical Assistance Program (TAP), a $25 million EECBG and SEP jointly-funded program, will provide states, cities, and tribes with the tools and resources needed to implement successful and sustainable renewable energy projects, such as wind farms and solar systems, and deploy cost-effective, clean, and reliable energy-saving technologies in buildings and infrastructure nationwide. TAP will accelerate project execution, improve program performance, and increase the return on ARRA investments. This is an additional effort by DOE to create green jobs, make homes and businesses more energy efficient, and install renewable energy systems across the nation. This program provides SEP and EECBG grantees and sub-grantees free direct assistance from a diverse network of over 200 technical experts including representatives from DOE's national laboratories, nonprofits, stakeholder organizations, and for-profit consulting firms. Requests for direct assistance can be submitted online via the Technical Assistance Center (https://tac.eecleanenergy.org/) or by calling (877) 337-3827). Once a request has been submitted, it will be evaluated to determine the level and type of assistance TAP will provide. For more information, visit the Solution Center (http://www1.eere.energy.gov/wip/solutioncenter/) or contact the TAP team bye-mail at [email protected] or call (877) 337-3827). Optimize Your City's Resources Get the biggest bang for your city's communication buck! Learn about "Managing More Effectively with a Strategic Communications Plan" at http://www.westerncity.comlWestern-City/September 2009/Managing-More-Effectively-With-a-Strategic-Communications-Plan/ on the Western City Web site (www.westerncity.com). Keep an eye out for next month's issue which will feature articles on how to cope with crises at City Hall. 5 jlfOt 11.1 July 30, 2010 Issue #30 IN THIS ISSUE: Page 3: SB 71 Draft Regulation Comments Encouraged Page 4: Working Groups Planned for State Water Plan Update 2013 Low-Interest Loan Funding Available For Energy Efficiency and Energy Generation Projects Page 5: Institute for Local Government Announces New Beacon Award Program August Issue of Western City Magazine Now Online CITY MANAGERS DISCUSS REFORMS IN WAKE OF CITY OF BELL SCANDAL Approximately 40 city managers gathered in the League of California Cities offices in Sacramento on Thursday and Friday this week for the regular meeting of the League's City Mangers Department Executive Committee. A late addition to the agenda was a discussion of the salary abuses in the city of Bell and how to prevent them in the future. The meeting, scheduled since last October, is an annual event of the executive committee of the League's City Managers' Department. For more, see Page 2. •••••••••••••••••••••••••••••••••••• WEB SITE FEATURES INTERACTIVE ARRA MONEY AND PROJECT TRACKING The California Recovery Task Force announced a new feature on its Web site (www.recovery.ca.gov) which allows viewers to identify projects in their region and the investment category where money from the American Recovery and Reinvestment Act (ARRA) is being spent across California. For more, see Page 2. •••••••••••••••••••••••••••••••••••• COURT RULES THAT PUBLIC AGENCIES CAN HIRE CONTINGENT FEE ATTORNEYS TO PROSECUTE PUBLIC NUISANCE ACTIONS The California Supreme Court held this week that public agencies may hire private attorneys to litigate certain matters on a contingent fee basis when specific safeguards are in place. In County of Santa Clara v. Superior Court (Atlantic Richfield), a group of California cities and counties sued several lead paint manufacturers on a public-nuisance abatement claim. The cities and counties were represented by their own counsel as well as private law firms retained on a contingent fee basis to assist in the litigation. For more, see Page 2. /50 'Bell' Continued from Page 1... The situation in the city of Bell was the first order of business. League Executive Director Chris McKenzie and City Managers' Department President and City of Santa Clarita City Manager Ken Pulskamp briefed the assembled managers. Both leaders talked about how the situation in Bell is an aberration, and they condemned the unconscionable salaries and pensions that were given to top administrators and some elected officials. "There really has been a violation of the public trust," said Pulskamp. McKenzie shared that the League is leading the effort to provide much greater transparency on compensation of officials in state and local government by developing legislative proposals to tighten existing laws and give the public greater access to compensation information. The City Managers' Department is working on a parallel track to draft some new "best practices" guidelines for city councils on setting city manager compensation while still retaining the long tradition of local control. The city mangers stressed that decisions on compensation should be made in public. In addition, the city managers agreed on the need to conduct a salary survey of city managers that would be accessible to the public. The salary survey will be conducted as early as next week in partnership with the International City/County Management Association (ICMA). On Thursday, July 29, the League and the International City-County Management Association sent both the California Attorney General and the Los Angeles District Attorney letters offering assistance in their investigations. The city managers at the meeting also received a copy of a letter the League sent to Senate President Pro tem Darrell Steinberg (D-Sacramento) on July 26 regarding Bell. In the letter, the League offered to work with the Legislature in crafting new transparency legislation. Thursday's portion of the meeting drew considerable press attention with reporters and television cameras present representing both local and state-wide press including: • KCRA-TV (Sacramento) • KOVR-TV (Sacramento) • Fox 40-TV (Sacramento) • KABC-TV (Sacramento) • Associated Press • The Sacramento Bee • The Los Angeles Times McKenzie concluded his press interview with this observation: "An informed public is the cornerstone of our democratic system. The integrity of our system depends on them being informed and involved." 'ARRA Web site' Continued from Page 1... The interactive map allows the user to focus on their county, congressional district, assembly district, and senate district. Users can search projects that have been created under a number of categories including: education, energy, health and human services, housing, labor, public safety, science and technology, transportation, water and environment and other. To access the searchable map please visit the task force's Web site at http://www.recoverv.ca.gov/html/funding/stimulus%20map/districtsmap.jsp. Currently, the map shows data for the first quarter of this year. Second quarter data will be added in the upcoming weeks. 'Contingent Fee Attorneys' Continued from Page 1... A contingent fee agreement allows a plaintiff, in this case the cities and counties, to pay only the initial costs of the lawsuit while the attorneys are responsible for all further litigation costs until the action is successful. Once the action is successful, private counsel then recovers all of their unreimbursed costs, as well as a percentage of the monetary award. This type of agreement is 2 /51 advantageous for cash-strapped public agencies because it allows them to retain counsel and pursue claims that local government attorneys may lack the experience or resources to handle in house. In a tactical effort to derail the litigation, the defendants tried to convince the court to bar the fee arrangements by extending prior court precedent that called into question these types of fee arrangements. The court declined to do so and the presiding judge noted that the defendants were large corporations with "abundant monetary and legal resources at their disposal." The court concluded that hiring private counsel on a contingent fee basis does not compromise the heightened standard of neutrality mandated of government attorneys when exercising their prosecutorial function if particular safeguards are in place. Specifically, contingent fee arrangements between public entities and private counsel must go beyond "boilerplate language" that the public entity "controls the litigation." The court requires that the government attorney retain complete control over the course and conduct of the case, veto power over any decision made by outside counsel, and be personally involved in overseeing the litigation. Additional guidelines may be needed under certain circumstances for effective supervision. This ruling affirms the ability of public entities to pursue claims and enforce rights they may not have previously been able to pursue for lack of funds, experience, or personnel. Although the case now returns to the lower courts for further proceedings on the substance, this ruling provides important guidance to cities and other public agencies that may be interested in retaining contingent fee counsel to assist in the bringing of certain lawsuits. 58 71 Draft Regulation Comments Encouraged Sacramento Workshop Scheduled for Aug. 2 The California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA) have completed their initial draft regulations and will review them during their third SB 71 workshop scheduled in Sacramento on Monday, Aug. 2. This new green manufacturing law requires CAEATFA to issue regulations on an emergency basis. Cities with concerns are encouraged to track the process carefully and participate where possible. SB 71 contains an initial $100 million cap as well as limitations and definitions associated with the tax break. However, of critical importance to cities is that this sales tax exemption applies to the state and local shares of the sales tax. Because local sales tax is allocated on a situs basis, it means that cities with an existing manufacturing base will lose some sales tax. The current draft regulations are posted on the State Treasurer's Web site (www.treasurer.ca.gov/caeatfa/sb71/regulations/20100726.pdD. CAEATFA estimates the next set of draft regulations to be available for review in late August. Comment Submission and Workshop Registration Written comments on the draft regulations pertaining to SB 71 may be e-mailed to [email protected] or mailed to: CAEATFA 915 Capitol Mall, Room 457 Sacramento, CA 95814 Comments must be received no later than Aug. 9. Early submissions are encouraged. The workshop agenda is available on the State Treasurer's Web site at www.treasurer.ca.gov/caeatfa/sb71/workshops.asp. Please RSVP online at www.treasurer.ca.gov/caeatfa/hearinglrsvp.asp to attend this workshop. 3 Information on CAEATFA is available at www.treasurer.ca.gov/caeatfa/. Working Groups Planned for State Water Plan Update 2013 The Department of Water Resources (DWR) is beginning to form its working groups for the next State Water Plan Update, estimated to be released in 2013. DWR is forming interest-based caucuses (Le., local government caucus) and place-based regional forums associated with the water plan update, which will likely meet on a quarterly basis for half-day sessions. These open and public meetings are sustained by "core" members, using an in-person and conference call format and will receive staff and facilitation support. Working groups will be created as-needed to develop materials for distribution to larger groups. The working group roles are described below: • Interest-based Caucuses (caucuses) will work with the Advisory Committee to identify and frame ideas and review content regarding specific topics. Caucus meetings will consider items of specific interest to the group and allow members to learn more about the collective perspective of like-minded organizations or constituencies. • Place-based Regional Forums (forums) will work with the Advisory Committee to identify and review content regarding local and regional efforts. The forums will also work with DWR staff and other agencies to help develop and refine material for the regional reports as well as discuss regional aspects of the water plan update and allow members to learn more about the perspectives of other local entities and organizations. For more information and to apply for place-based forums or interest-based caucuses visit: http://www.waterplan.water.ca.gov/docs/ac/2013/ACgrouplnfo 072810.pdf The application deadline for applications is Aug. 25. For further details about the Water Plan Update, please see the article titled "California Water Plan Update 2009 Released Online" in the April 2 issue of City Advocate Weekly. http://www.cacities.org/resource files/28738.ApriI2.pdf Low-Interest Loan Funding Available For Energy Efficiency and Energy Generation Projects Three Percent Interest Rate The California Energy Commission (CEC) announced this week the availability of approximately $3.6 million for low-interest loans for energy efficiency and energy generation projects. CEC is providing loans with a 3 percent interest rate to be used by local jurisdictions to invest in energy efficiency, reduce greenhouse gas emissions, and create new jobs and industries for your community. The commission may increase the amount of existing funds if and when additional loan funds become available. Funding for the loans originates from one or more of the following: • Energy Conservation Assistance Act (ECAA) • Bond Proceeds from ECAA Tax-Exempt Revenue Bonds • American Reinvestment and Recovery Act (ARRA) The maximum loan amount is $3 million per application. There is no minimum loan amount. CEC will select the source of the funds for each loan and may reduce the loan amount requested if insufficient funds are available under one or more funding sources for which the project is eligible or if CEC determines that utilizing multiple funding sources is not administratively feasible. 4 Eligibility For the first 30 days following release of their notice, CEC will accept loan applications on a first come, first-serve basis from small California cities and counties receiving their Energy Efficiency and Conservation Block Grant (EECBG) funding directly from CEC. Following this initial 30-day period, CEC will accept loan applications on a first-come, first-served basis for eligible energy projects from all other eligible entities. Loan financing may be used in conjunction with other funding. The 3 percent rate applies to loans made on or after July 27, and ends when a new notice is issued. CEC's 3 percent interest rate will not be applied retroactively to existing loans. Projects with proven energy or capacity savings are eligible, provided they meet the ECAA eligibility requirements. Common projects include: • Lighting systems; • Heating, ventilating and air conditioning systems; • Light emitting diode (LED) traffic signals; • Energy management systems and equipment controls; • Pumps and motors; • Cogeneration systems; and • Renewable energy projects. For ARRA funded projects, please see the loan application for information regarding prohibited projects. Requirements • Loans for energy projects must be repaid from energy cost savings within 15 years, including principal and interest (approximately 11 years simple payback for the 3 percent interest rate funding). Simple payback is calculated by diViding the dollar amount of the loan by the anticipated annual energy cost savings. • Loans will be amortized on the estimated annual energy cost savings achieved by the loan-funded project. • The loan term cannot exceed the useful life of loan-funded equipment. • Only approved project-related costs with invoices dated after loans are fully executed by CEC are eligible to be reimbursed from loan funds. If the application is not approved for any reason, CEC is not responsible for reimbursement of any costs. Application Details The application is available online at www.energy.ca.gov/efficiency/financing/index.html A printed copy of the application may be requested by contacting CEC's public programs office at (916) 654-4104 or by submitting a written request to: California Energy Commission Special Projects Office 1516 Ninth Street, MS #42 Sacramento, CA 95814-5512 E-mail: [email protected] For questions or further information contact CEC's special projects office at (916) 654-4104 or [email protected]. For more information: www.energy.ca.gov/efficiency/financingl 5 Institute for Local Government Announces New Recognition Program Shine a Bright Light on Your Accomplishments The Institute for Local Government's (ILG) California Climate Action Network (CCAN) has announced its new recognition program, the Beacon Award: Local Leadership Toward Solving Climate Change. Applications are currently being accepted and cities and counties are encouraged to apply online at http://www.ca-ilg.org/BeaconAward. The Beacon Award recognizes and celebrates California cities and counties that: • Reduce greenhouse gas emissions and save energy; • Adopt policies and programs to address climate change; and • Promote sustainability. Participating in the voluntary Beacon Award program provides local agencies and their leaders with positive recognition for saving energy, conserving resources, promoting sustainability and reducing greenhouse gas emissions. It lets them shine a bright light on their accomplishments for their residents, colleagues and others. For program and application details please visit ILG's Web site at http://www.ca-ilg.org/BeaconAward. ILG is the non-profit research affiliate of the League of California Cities and the California State Association of Counties. Information about ILG's programs is available at www.ca-ilg.org. The Beacon Award is funded by California utility ratepayers and administered by Pacific Gas and Electric Company, San Diego Gas & Electric Company, Southern California Edison and Southern California Gas Company under the auspices of the California Public Utilities Commission. August Issue of Western City Magazine Now Online Don't miss these articles! • "Crisis at City Hall: Planning Ahead Can Make the Difference, Part 1" (http://www.westerncity.comlWestern-City/August-201 O/C risis-at-City-Hall-Planning Ahead-Can-Make-The-Difference-Part-1/) Your city is likely well equipped to handle crises such as earthquakes, wildfires or floods. But sooner or later other crisis situations are bound to happen, grab media attention and threaten your city's credibility. Are you ready? • "2010 Annual Conference Preview: Rebuilding California From the Ground Up." (http://www.westerncity.comlWestern-City/August-201 0/201 O-An nual-Conference Preview-Rebuilding-California-From-the-Ground-Upl) Learn what's in store at the annual conference, where attendees will gain practical knowledge they can put to work right away to strengthen their cities and serve their residents more effectively. • "Campaigning for Re-Election: Legal and Ethical Red Flags." (http://www.westerncity.com/Western-City/August-201 O/Campaigning-for-Re-Election Legal-and-Ethical-Red-Flags/) Candidates can encounter legal and ethical issues in at least two contexts, including how you run your campaign and how you continue to function as an office-holder while running. Read these articles and more online at www.westerncity.com today. 6