ONLINE AGENDA INFORMATION
The online Agenda is not the official Agenda for the EI Cajon City Council, but is posted and published five days prior to the City Council Meeting for the convenience of the public. Changes may be made up to 72 hours prior to the meeting; therefore added or deleted items may not appear on the City's website at this time. The City Council's official Agenda is prepared and posted outside City Council Chambers in the kiosk 72 hours prior to every regular meeting, and 24 hours prior to every special meeting. You may call the City Clerk's Office at (619) 441-1763 for information about any changes to this Agenda.
AGENDA BINDER, INCLUDING AGENDA REPORTS, IS AVAILABLE FOR VIEWING AFTER 4:00 P.M.! THE FRIDAY BEFORE THE COUNCIL MEETING, AT THE EL CAJON BRANCH OF THE PUBLIC LIBRARY, 201 E. DOUGLAS AVENUE, PHONE (619) 588-3718.
LIBRARY HOURS: Monday - Thursday 9:30 a.m. - 8:00 p.m., Friday & Saturday 9:30 a.m. 5:00 p.m., and Sunday 12:00 - 5:00 p.m.
SUPPLEMENTAL AGENDA ITEM DOCUMENTS ANDIOR MATERIALS RECEIVED AFTER POSTING OF THIS AGENDA, IF ANY, MAY BE VIEWED IN THE CITY CLERK'S OFFICE AT 200 CIVIC CENTER WAY, EL CAJON, MONDAY THROUGH THURSDAY, 7:30 A.M. TO 5:30 P.M. AND ON ALTERNATE FRIDAYS FROM 8:00 A.M. TO 5:00 P.M.
FOR A SCHEDULE OF FRIDAY CITY HALL CLOSURES, VISIT WWW.CITYOFELCAJON.US OR CALL THE CITY CLERK'S OFFICE AT (619) 441-1763. CITY OF EL CAJON City Council/Housing Authority/ Bill Wells Successor Agency to the Redevelopment Agency Mayor Pro Tem AGENDA Tony Ambrose Councilmember
Gary Kendrick Councilmember
Bob McClellan
Councilmember
November 12, 2013 Douglas Williford City Manager
Morgan Foley Honoring City Attorney and celebrating
the people Majed Al-Ghafry who make Assistant City Manager El Cajon
Kathie Rutledge The Valley City Clerk of Opportunity D e v e Upcoming Events in El Cajon City Council Meeting for November 12, 2013
City Government 100 Years Ago
February 6, 1922: Council instructed the City Attorney to take up the matter of collecting the bill from a resident for damage done to the bridge on Mary Street by an auto collision.
November 12 - Centennial Farewell Celebration at Centennial Plaza! Join City officials as we celebrate the people who have made this City The Valley of Opportunity for the past 100 years! Festivities are from 12:00 to 3:00 p.m. with a special tribute to our Veterans! For more information, please visit www.elcajon100.com.
November 14 - The El Cajon Farmers’ Market continues every Thursday from 3:00 to 7:00 p.m. at the Prescott Promenade, 201 East Main Street. The Farmers’ Market offers a wide variety of fresh, locally-grown fruits and vegetables! For more information, please visit www.elcajonfarmersmarket.org.
November 22 - Alternate Friday closure for El Cajon City offices. Please go to www.cityofelcajon.us for a full calendar of hours for City offices during 2013. November 28 & 29 - City offices will be closed in observance of the Thanksgiving Holiday.
November 24 - The 67th Mother Goose Parade! The parade begins at 10:00 a.m. at the corner of East Main Street and Magnolia Avenue, continuing eastbound on East Main Street to Second Street. Enjoy marching bands, local dignitaries and parade floats! After the parade stop by Mother Goose Village at the Prescott Promenade for more fun activities. Visit www.themothergooseparade.org.
December 4 - Parade of Lights Cajon Classic Cruise Car Show! From 5:00 to 8:00 p.m. see classic vehicles decorated for the season, meet Santa, and enjoy holiday music and carolers. Bring your vehicle to the Prescott Promenade, 201 E. Main Street, by 4:00 p.m., to participate in the parade. For more information, please visit www.downtownec.org.
December 6 - Downtown Walk – Wings and Snow! Tour the numerous art galleries in downtown El Cajon along East Main Street and Rea Avenue. Visit Sophie’s Art Gallery & Gift Shop at 109 Rea Avenue for the Circle of Life Exhibit through the 31st. For more information, visit www.stmsc.org.
December 6 & 20 - Alternate Friday closures for El Cajon City offices. Please go to www.cityofelcajon.us for a full calendar of hours for City offices during 2013.
December 7 - It’s the 4th Annual Jingle Paws Walk For Pets! The ACES Foundation is hosting this walk for pets at Wells Park, located at 1153 East Madison Avenue. The walk begins at 9:00 a.m. Visit Santa’s Village where you’ll find vendors, rescues, a silent auction, fun games for you and your dog, and take a photo with Santa! Visit www.acesfoundation.org for more information.
December 10 - City Council Meeting at 3:00 p.m. with a Public Hearing at 7:00 p.m. Meetings are held in the Council Chambers at 200 Civic Center Way. For more information, and to view the full agenda online, please visit www.cityofelcajon.us.
December 24 through January 1 - City offices will be closed in observance of the Holiday Season and News Year’s Day.
*The City of El Cajon has just completed celebrating 100 years as a City! Visit our Centennial website at www.elcajon100.com to learn more about the fascinating history of El Cajon and see photos and videos of our Centennial events held during November 2012 through November 2013!
November 12, 2013 3:00 p.m.
The Agenda contains a brief general description of each item to be considered and most items have a RECOMMENDATION from Staff or a Commission, which Council will consider when making a final decision.
Copies of written documentation relating to each item of business on the Agenda are on file in the City Clerk’s Office and in the Agenda Book next to the podium in the Council Chambers.
PLEASE COMPLETE A "REQUEST TO SPEAK” FORM FOR EACH ITEM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK if you wish to speak about an Item on the Agenda or under Public Comment.
CALL TO ORDER: Mayor Pro Tem Bill Wells
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 October 22, 2013, Meeting and the Agenda of the November 12, 2013, Meeting in accordance to State Law and Council/Authority/Successor Agency to the Redevelopment Agency Policy.
PRESENTATIONS: Presentation - “They Serve Our Country-Let’s Serve Them” Presentation - “Heartland Fire Safety Poster Contest Winners” Proclamation – “America Recycles Day”
AGENDA CHANGES:
*Backup Information Available – Housing Authority and Successor Agency Items are identified
Joint Meeting: El Cajon City Council/ -1- November 12, 2013 Housing Authority/Successor Agency to 3:00 p.m. The El Cajon Redevelopment Agency
CONSENT ITEMS: (1.1 – 1.15)
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/HOUSING AUTHORITY/SUCCESSOR AGENCY TO THE EL CAJON REDEVELOPMENT AGENCY MEETINGS
RECOMMENDATION: That the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency approve Minutes of the October 22, 2013, Meeting of the El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency.
1.2 WARRANTS
RECOMMENDATION: That the City Council approve payment of Warrants as submitted by the Finance Department.
1.3 APPROVAL OF READING BY TITLE AND WAIVER OF READING IN FULL OF ORDINANCES ON AGENDA
RECOMMENDATION: That the City Council approve the reading by title and waive the reading in full of all Ordinances on the Agenda.
*1.4 RESOLUTION: AWARD OF BID NO. 008-14, RADIO EQUIPMENT MAINTENANCE (Report: Purchasing Agent)
RECOMMENDATION: That the City Council adopt the next RESOLUTION in order and award the bid to the sole responsive bidder, Motorola Solutions, Inc., in the amount of $67,469.80 for the first year of service, with an option to renew for four additional one-year periods.
Joint Meeting: El Cajon City Council/ -2- November 12, 2013 Housing Authority/Successor Agency to 3:00 p.m. The El Cajon Redevelopment Agency
CONSENT ITEMS: (Continued)
*1.5 RESOLUTION: AWARD OF BID NO. 010-14, DIGITAL COLOR PHOTOCOPIERS (Report: Purchasing Agent)
RECOMMENDATION: That the City Council adopt the next RESOLUTION in order and award the bid to the lowest responsive, responsible bidder, Business Copier Solutions, in the amount of $40,910.75.
*1.6 APPLICATION FOR SPECIAL OPERATION LICENSE ANNIE’S ATTIC RESALE & CONSIGNMENT 907 East Washington Avenue (Report: City Manager)
RECOMMENDATION: That the City Council approve the application submitted by Traci Taylor for a business offering resale items and consignment services at 907 East Washington Avenue.
*1.7 JULY – SEPTEMBER 2013 QUARTERLY TREASURER’S REPORT (Report: Deputy City Manager/Director of Finance and Treasurer)
RECOMMENDATION: That the City Council receive the quarterly Treasurer’s Report for the quarter ending September 30, 2013.
*1.8 URE RESTAURANT CARD ROOM SPECIAL OPERATION LICENSE, 1255 East Main Street (Continued from October 22, 2013) (REPORT: Planning Manager and Chief of Police)
RECOMMENDATION: That the City Council deny the application submitted by Shamon Korkis for a Special Operation License to operate a card room at 1255 East Main Street.
*1.9 REINSTATEMENT OF THE DIRECTOR OF FINANCE CLASSIFICATION (Report: City Manager)
RECOMMENDATION: That the City Council approve (1) the reinstatement of the Director of Finance classification, (2) the revised specifications for the classification, and (3) the modified salary for the classification as reflected in City Council Policy A-29.
Joint Meeting: El Cajon City Council/ -3- November 12, 2013 Housing Authority/Successor Agency to 3:00 p.m. The El Cajon Redevelopment Agency
CONSENT ITEMS: (Continued)
*1.10 RESOLUTION: SUBSTANDARD CONDITIONS AT 620-640 SOUTH MARSHALL AVENUE (Report: City Attorney)
RECOMMENDATION: That the City Council:
Confirm the assessment of an administrative fee, costs for staff time, and civil penalties accrued to date, and direct staff to assess costs and penalties to date; and Adopt the next RESOLUTION in order pursuant to the items listed above; and Direct the City Clerk to record the resolution at such time as the City Manager should determine.
*1.11 RESOLUTIONS: APPROVAL OF PLANS AND SPECIFICATIONS FOR CURB RAMPS 2014 PROJECT, Bid No. 013-14, Engineering Job No. 3481 (Report: Deputy Director of Public Works)
RECOMMENDATION: That the City Council adopt the next RESOLUTIONS in order to approve Plans and Specifications for the Curb Ramps 2014 Project, and direct a Notice Inviting Sealed Bids to be opened on December 12, 2013.
*1.12 RESOLUTION: AMENDMENT TO THE 2012 FIVE (5) YEAR REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP No. 12-12) (Report: Deputy Director of Public Works)
RECOMMENDATION: That the City Council adopt the next RESOLUTION in order to approve the amendment to the 2012 Five (5) Year RTIP.
*1.13 CONSULTANT CONTRACT TO CONDUCT MUNICIPAL SEPARATE STORM SEWER SYSTEM OUTFALL DISCHARGE MONITORING AND ON-CALL SERVICES (Report: Deputy Director of Public Works)
RECOMMENDATION: That the City Council direct the City Manager to execute a multi-year contract for professional services between the City of El Cajon and D-Max Engineering, Inc. with a five (5) year renewal option to cover the duration of the Municipal Permit cycle issued by the San Diego Regional Water Quality Control Board.
Joint Meeting: El Cajon City Council/ -4- November 12, 2013 Housing Authority/Successor Agency to 3:00 p.m. The El Cajon Redevelopment Agency
CONSENT ITEMS: (Continued)
*1.14 DONATION OF AWNING FOR THE S.W.A.T. METRO VEHICLE (Report: Chief of Police)
RECOMMENDATION: That the City Council authorize the City Manager, or designee, to accept the donation of an awning from Doug’s Mobile Awnings, valued at $2,500.00, for the S.W.A.T. (Special Weapons and Tactics) Metro vehicle.
*1.15 ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES (OCDETF) GRANT (Report: Chief of Police)
RECOMMENDATION: That the City Council takes the following action:
1. Authorize the City Manager, or designee, to accept the OCDETF Grant in the total amount of $10,000.00 and to execute any documents and agreements necessary for the receipt and use of these funds; and 2. Appropriate $10,000.00 for the OCDETF Grant to enable overtime and authorized expense reimbursement for participation in the strategic initiative program.
PUBLIC COMMENT:
At this time, any person may address a matter within the jurisdiction of the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency that is not on the Agenda. Comments relating to items on today’s 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, Authority and Agency Members may briefly respond to statements or questions. An item may be placed on a future Agenda. In addition to briefly responding to statements or questions from the public, Councilmembers may also address the City Council during this time.
Joint Meeting: El Cajon City Council/ -5- November 12, 2013 Housing Authority/Successor Agency to 3:00 p.m. The El Cajon Redevelopment Agency
2. WRITTEN COMMUNICATIONS: None
3. PUBLIC HEARINGS:
*3.1 PUBLIC HEARINGS AND ADOPTION OF ORDINANCES PROHIBITING THE USE OF FIREWORKS WITHIN THE CITY, AND ADOPTING BY REFERENCE THE CALIFORNIA BUILDING CODE 2013 EDITION, THE CALIFORNIA ELECTRICAL CODE 2013 EDITION, THE CALIFORNIA MECHANICAL CODE 2013 EDITION, THE CALIFORNIA PLUMBING CODE 2013 EDITION, THE CALIFORNIA RESIDENTIAL CODE 2013 EDITION, THE CALIFORNIA FIRE CODE 2013 EDITION, THE CALIFORNIA RESIDENTIAL CODE 2013 EDITION, THE CALIFORNIA FIRE CODE 2013 EDITION (INCLUDING TWO MINOR CHANGES AS OUTLINED IN THE ATTACHED PAGES), THE CALIFORNIA GREEN BUILDING STANDARDS CODE 2013 EDITION, AND THE CALIFORNIA EXISTING BUILDING CODE 2013 EDITION (Report: Building Official/Fire Marshal)
RECOMMENDATION: That the City Council (1) review and approve the two minor changes made to the previously introduced Fire Code, 2013 Edition, as indicated on the pages attached to the Agenda Report, and (2) conduct separate, sequential, public hearings and thereafter approve or deny, by separate votes, ordinances prohibiting the use of fireworks within the City, and adopt by reference the California Building Code 2013 Edition, the California Electrical Code 2013 Edition, the California Mechanical Code 2013 Edition, the California Plumbing Code 2013 Edition, the California Residential Code 2013 Edition, the California Fire Code 2013 Edition, the California Green Building Standards Code 2013 Edition, and the California Existing Building Code 2013 Edition.
Open the Public Hearing and receive testimony; Close the Public Hearing; MOTION to adopt Ordinances 3.1-A through 3.1-I; and If approved, request the City Clerk to recite the titles of the ordinances for a second reading
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Joint Meeting: El Cajon City Council/ -6- November 12, 2013 Housing Authority/Successor Agency to 3:00 p.m. The El Cajon Redevelopment Agency
PUBLIC HEARINGS: (Continued)
*3.2 EXTENSION OF INTERIM URGENCY ORDINANCE TO ESTABLISH A MORATORIUM ON SECONDHAND DEALERS/PAWN SHOPS/PRECIOUS METALS, GEMS AND JEWELRY BUYERS/THRIFT STORES (Report: City Attorney)
RECOMMENDATION: That the City Council
Open the Public Hearing and receive testimony; Close the Public Hearing; and Approve the extension of an interim urgency ordinance establishing a moratorium on secondhand dealers/pawn shops/precious metals, gems and jewelry buyers/thrift stores throughout the City of El Cajon MOTION to adopt the extension of the interim urgency ordinance; and If approved, request the City Clerk recite the title of the ordinance
4. ADMINISTRATIVE HEARING:
*4-A ADMINISTRATIVE HEARING – APPEAL DENIAL OF SPECIAL OPERATION LICENSE – PRINCE AA WIRELESS (Report: City Attorney)
RECOMMENDATION: That the City Council conduct the Administrative Hearing, review documents submitted; receive testimony from witnesses who have been identified on each party’s witness list; and determine whether the City Council’s denial of the Special Operation License for a business providing optical and wireless services, and buying used phones at 528 East Main Street should be upheld or overturned.
4. ADMINISTRATIVE REPORTS:
*4.1 VACANCY IN OFFICE OF MAYOR; PROCEDURES; SELECTION OF NEW MAYOR (Report: City Attorney)
RECOMMENDATION: That the City Council determines the manner by which the vacancy on the City Council will be filled for the seat recently held by Mayor Mark Lewis. If appointment to the office is preferred, consider the appointment of a new Mayor at this meeting or provide direction to Staff for procedures for an appointment at a future meeting.
Joint Meeting: El Cajon City Council/ -7- November 12, 2013 Housing Authority/Successor Agency to 3:00 p.m. The El Cajon Redevelopment Agency
ADMINISTRATIVE REPORTS: (Continued)
*4.2 VACANCY ON COUNCIL; PROCEDURES FOR FILLING VACANCY (Report: City Attorney)
(Note: This Item 4.2 is only necessary if, in the just-concluded Item 4.1, the City Council appointed one of its own members to fill the vacancy in the office of the Mayor; if no appointment of a Council Member was approved, this Item is unnecessary and should be removed from the Agenda.)
RECOMMENDATION: That the City Council determines the manner by which the vacancy on the City Council will be filled for the seat recently held by the appointed Mayor. If appointment to the office is preferred, consider the appointment of a new Councilmember or provide direction to Staff for procedures for an appointment at the December 10, 2013, meeting, or at a Special Council Meeting prior to January 12, 2014.
*4.3 EAST COUNTY PERFORMING ARTS CENTER (Report: City Manager)
RECOMMENDATION: No action required.
5. COMMISSION REPORTS: None
6. NO ITEMS
ACTIVITIES REPORTS OF COUNCILMEMBERS
7. MAYOR PRO TEM BILL WELLS
League of California Cities, San Diego Division; METRO Commission/Wastewater JPA; East County Economic Development Council - Alternate; SANDAG (San Diego Association of Governments) – Alternate; Heartland Fire Training JPA – Alternate.
*7.1 Council Activities Report/Comments
*7.2 Legislative Report
*7.3 League of California Cities Bulletins dated October 17, 25 and 31, 2013 – City Advocate Weekly
Joint Meeting: El Cajon City Council/ -8- November 12, 2013 Housing Authority/Successor Agency to 3:00 p.m. The El Cajon Redevelopment Agency
ACTIVITIES REPORTS OF COUNCILMEMBERS: (Continued)
8. COUNCILMEMBER TONY AMBROSE
Chamber of Commerce – Government Affairs; MTS (Metropolitan Transit System Board) – Alternate); East County Economic Development Council.
*8.1 Council Activities Report/Comments
9. COUNCILMEMBER GARY KENDRICK
Heartland Communications JPA; Heartland Fire Training JPA.
*9.1 Council Activities Report/Comments
10. COUNCILMEMBER BOB McCLELLAN
Harry Griffen Park Joint Steering Committee; Heartland Communications JPA – Alternate; MTS (Metropolitan Transit System Board).
*10.1 Council Activities Report/Comments
11. JOINT COUNCILMEMBER REPORTS
12. GENERAL INFORMATION ITEMS FOR DISCUSSION
13. ORDINANCES: FIRST READING – None
14. ORDINANCES: SECOND READING AND ADOPTION - None
15. CLOSED SESSIONS: None
Joint Meeting: El Cajon City Council/ -9- November 12, 2013 Housing Authority/Successor Agency to 3:00 p.m. The El Cajon Redevelopment Agency
ADJOURNMENT: The Regular Joint Meeting of the El Cajon City Council/ El Cajon Housing Authority/Successor Agency to the El Cajon Redevelopment Agency held this 12th day of November, 2013, is adjourned to Tuesday, December 10, 2013, at 3:00 p.m.
GENERAL INFORMATION: None
NO EVENING MEETING
Joint Meeting: El Cajon City Council/ -10- November 12, 2013 Housing Authority/Successor Agency to 3:00 p.m. The El Cajon Redevelopment Agency
DRAFT MINUTES 1.1 JOINT MEETING OF THE EL CAJON CITY COUNCIL/HOUSING AUTHORITY/ SUCCESSOR AGENCY TO THE EL CAJON REDEVELOPMENT AGENCY
MINUTES CITY OF EL CAJON EL CAJON, CALIFORNIA
OCTOBER 22, 2013
An Adjourned Regular Joint Meeting of the ity ouncil/Housing Authority/Successor Agency to the EI Cajon Redeve ent A e cy of the City of EI Cajon, California held Tuesday, October 22, 2013 was c lied to order by Mayor/Chair Mark Lewis at 3:00 p.m., in e Cou ci Chambe s, 200 Civic Center Way, EI Cajon, California. This meetin as adio d fro he Regular Joint meeting held at 3:00 p.m. on ber 8, o~
ROLL CALL D
CouncillAgenc m endrick, and McClellan CouncillAgenc m N Mayor Pro Te ic Wells Mayor/Chair pr s n: Lewis Other Officers r n : Rutledge, City Clerk/Secretary Foley, City Attorney/General Counsel Williford, City Manager/Executive Director AI-Ghafry, Assistant City Manager
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 October 8, 2013, meeting and the Agenda of the October 22, 2013, meeting in accordance to State Law and Council/Agency Policy.
Joint Meeting: EI Cajon City Council! October 22, 2013 Housing Authority/Successor Agency to the -273 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES PRESENTATIONS:
• Recognition - "Crime Free Multi-Housing" • Commendation - "Ladies of Hope"
AGENDA CHANGES: None
CONSENT ITEMS: (1.1 -1.14)
MOTION BY LEWIS, SECOND BY AMBROSE, to APPROVE Consent Items 1.1 through 1.7 and 1.9 through 1.14, pulling Item 1.8, as requested by a member of the public.
MOTION CARRIES BY UNA
1.1 MINUTES OF CITY COUNCILIH USIN AGENCY TO THE EL CAJON RED V LOPM
Approve Minutes of the Oc ouncil/Housing Authority/Successor A ency t
1.2 WARRAN sn Approve paymen otJa rant u mitted by the Finance Department.
1.3 APPROV L READING BY TITLE AND WAIVER OF READING IN FULL OF ORDINANCES ON AGENDA
Approve the reading by title and waive the reading in full of all Ordinances on the Agenda.
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Joint Meeting: EI Cajon City Council/ October 22, 2013 Housing Authority/Successor Agency to the -274 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES CONSENT ITEMS: (Continued)
1.4 PROFESSIONAL SERVICES AGREEMENT - HARGRAVE ENVIRONMENTAL CONSULTING, INC. (Report: Community Development Department Housing Manager)
Acting as the Successor Agency to the EI Cajon Redevelopment Agency:
1. Authorize the Executive Director to execute an Agreement for Professional Services between the Successor Agency and Hargrave Environmental Consulting, Inc. in the amount of $36,553.95 for one year, with one (1) one-year extension upon written agreement by both parties; and 2. Amend the Fiscal Year 2013-14 Successor Agency Budget from $30,000.00 to $83,000.00 to appropriate an additional $53,000.00 to cover Hargrave environmental work, project management, and contingency costs anticipated to be undertake r the SW Corner/Environmental Testing project during this fi cal ye r.
1.5 TRAVEL EXPENSES TO ATTEND ANNUAL CONFERENCE (Report: Deputy City M
1.6 . LEC r I) E TRAFFIC ENFORCEMENT PROGRAM T Report: Chief of Police)
1. Aut rize the City Manager, or designee, to accept the California Office of Traffic Safety STEP Grant in the total amount of $85,570.00 and to execute any grant documents and agreements necessary for the receipt and use of these funds; and
2. Appropriate California Office of Traffic Safety STEP Grant funds in the amount of $83,398.00 for overtime and $2,172.00 for training, for a total of $85,570.00.
Joint Meeting EI Cajon City Council/ October 22, 2013 Housing Authority/Successor Agency to the -275 3:00 p.m. EI Cajon Redevelopment Agency DRAFTMINUTES CONSENT ITEMS: (Continued)
1.7 2013-2014 SOBRIETY CHECKPOINT GRANT PROGRAM (Report: Chief of Police)
1. Authorize the City Manager, or designee, to accept the California Office of Traffic Safety Sobriety Checkpoint Grant in the total amount of $40,800.00 and to execute any grant documents and agreements necessary for the receipt and use of these funds; and
2. Appropriate California Office of Traffic Safety Sobriety Checkpoint Grant funds in the amount of $38,000.00 for overtime and $2,800.00 for supplies, for a total of $40,800.00.
1.8 PULLED FOR DISCUSSION
1.9 RESOLUTION : APPLICATION TO STATE OF URBAN GREENING PLANNING GRANT (REP
Adopt RESOLUTION NO. 102-13 approvi o the State of California for the Eastern EI Cajon area Urb n
1.11 HEARTLA!NJY IRE TRAINING AUTHORITY FOURTH AMENDMENT TO THE JOINTPOWERS AGREEMENT (REPORT: Fire Chief)
Approve the Fourth Amendment to the Heartland Fire Training Authority (HFTA) Joint Powers Agreement (JPA) attached to the Agenda Report.
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Joint Meeting: EI Cajon City Council/ October 22, 2013 Housing Authority/Successor Agency to the -276 300 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES CONSENT ITEMS: (Continued)
1.12 RESOLUTION: TERMINATION OF OWNER PARTICIPATION AGREEMENT - SHADOW MOUNTAIN CHURCH, INC. (REPORT: Community Development Department Housing Manager)
Acting as the Successor Agency to the EI Cajon Redevelopment Agency
1. Adopt RESOLUTION NO.103-13 approving a termination of the Owner Participation Agreement and related restrictive covenants with Shadow Mountain Church, Inc., its successors and/or assigns, governing the land use restrictions for the property known as the EI Cajon Towne Center, located at Magnolia Avenue between Park and Wells Avenues; and
2. Authorize the Executive Director to execute all documents necessary to terminate the Owner Participation Agreement.
1.13 JINGLE PAWS EVENT AT WELLS PARK (REPORT: Director of Recreation)
Approve the sale of merchandi by ve d~ at ells ark a s ciated with the Jingle Paws fundraising even 0 su port tel Cajon A imal Shel e coordinated by Animal Center for Ed ation ntJe ices nation ( CES).
1.14 LANDSC PIT·ARCH T C S ICES FOR MEDIAN ISLAND IMPROVE N (R P Y Director of Public Works)
Authorize the Cit n ger t nter into a Professional Services Agreement not to exceed $90,00000 ith Schmidt Design Group, Inc. to provide landscape architectural se i for HEI Cajon Boulevard Median Island Improvements" within the former EI Cajon Redevelopment Agency Area.
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Joint Meeting EI Cajon City Council! October 22, 2013 Housing Authority/Successor Agency to the -277 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES ****************************************************
CONSENT ITEMS PULLED FOR DISCUSSION:
1.8 URE RESTAURANT CARD ROOM SPECIAL OPERATION LICENSE, 1255 East Main Street (REPORT: Planning Manager and Chief of Police)
RECOMMENDATION: That the City Council deny the application submitted by Shamon Korkis for a Special Operation License to operate a card room at 1255 East Main Street.
DISCUSSION
Sam Abbad representing URE Restaurant, speaks in support of the application and does not understand the reason for the denial. He indicates that he sold the restaurant in July of 2011.
Councilmember Kendrick reads an excerpt from a Police DeQ ment report referencing illegal gambling in the City, and indicates that m . Ie nd repeated complaints have been received on this business.
Mr. Abbad responds to comments by Councilme endri k concerning the inspection and complaints received.
City Manager Williford remin t Cou c~ pprov d e card r 0 ordinance on behalf of card playing in the ityrfft r Sta v w, t is particular lication did not meet the qualificaf s. lJ
Police Chief e; re pond to uio s from Council, indicating this application is di r n ecause f he n be of complaints and that poker chips and money wer f u d on it. It app ars that alcoholic beverages were being consumed, and t e si ess 0 s ot have a license for serving alcohol.
City Manager ill if d comments that the site does not have a license for card playing, and ther should be no card playing at this time. This is not a restaurant open to the public.
Mayor Lewis recommends a continuance of two weeks to the next meeting. He suggests that when an inspection takes place a staff member should be available to translate and explain to owner what is and is not allowed by the City.
MOTION BY LEWIS, SECOND BY MCCLELLAN, to CONTINUE the Item to the November 12, 2013 meeting at 3:00 p.m.
MOTION CARRIES BY UNANIMOUS VOTE.
Joint Meeting: EI Cajon City Council/ October 22, 2013 Housing Authority/Successor Agency to the -278 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES Recess called at 3:28 p.m. Meeting called back to order at 3:34 p.m.
PUBLIC COMMENT:
Bessma Garmo speaks about the Chaldean-American Chamber of Commerce and invites Council to their annual reception to be held on November 22nd at Cottonwood.
Councilmember Kendrick invites the Chamber to participate in the America on Main Street celebration.
Lorenzo Higley, representing CASA, honors and recognizes Councilmember Kendrick, this year's recipient for the award for Excellence in Prevention, for his involvement in tobacco, drug and alcohol prevention. Councilmember Kendrick thanks Mr. Higley for the recognition.
Steven True, representing the Clean & Safe Progr sp aks about services provided by the program in the PBID area (Property B sine s Impr v ment District).
to Chaldean He states that
Senator Waddi ue a spe about the history of Iraq, indicating that Chaldean people were for ed t leave their homes. He feels they are very entrepreneurial people, should b oked at favorably and faithfully, and treated as they should be treated.
Bishop Sarhad Jammo indicates he has heard some complaints of unfair treatment to Chaldean people and refers to comments by Mayor Lewis concerning welfare and food stamps. He feels the law should be applied, to deal with the problems and to not stereotype people.
Bishop George McKenney joins his voice with that of the previous speakers, Waddi Deddah and Bishop Jammo. He suggests confronting discrimination and that feels there is a way to live together in peace and harmony.
Joint Meeting EI Cajon City Council/ October 22, 2013 Housing Authority/Successor Agency to the -279 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES PUBLIC COMMENT (Continued)
Vicki Butcher indicates she is a longtime resident and has served the City for twelve years on the Planning Commission. She supports district-wide elections. She responds to questions from Mayor Lewis regarding the last appointment made to fill a vacant City Council seat.
Alvin Mansour states he is here to defend the Chaldean community. His late mother helped support the Chaldean community, and he feels that inappropriate comments were made. He supports the statements made by Mark Arabo.
Recess called at 4:16 p.m. Meeting called back to order at 4:23 p.m.
Councilmember Kendrick comments on the deemed approved alcohol ordinance that was recently approved. He addresses statements made by Mark Arabo, and points out that two people of Chaldean descent have been appointed the Planning Commission.
Tony Sottile states he is an immigrant and he sits 0 agrees with comments by Councilmember Kendric , statements made by other public speakers coe cerni g :::~::::e::t::Yh:~:r~~~:at::ea:i::: t Cou cil. works hard, as do most Chaldea . [) D
Robert Zakar in iDCS he i that he grew up i I aj n, an
Amad Atisha is e e a a c n er ed citizen. He states that his parents immigrated here in the 1970 s an through the years, his family got off public assistance. He expresses his 0, in' on comments made by Mayor Lewis regarding children receiving free lunches.
Salam Razuki, business owner in San Diego and owner of three businesses in EI Cajon, feels that requirements included in the (deemed approved) ordinance, such as providing security guards, controlling graffiti and the homeless, will put him out of business.
Alfred Attala, a Chaldean-American attorney, is here today to support his community and expresses discontent with comments by Mayor Lewis. He indicates his community would like an apology from Mayor Lewis, and suggests focusing on positives, not negatives, and working together.
Joint Meeting: EI Cajon City Council! October 22, 2013 Housing Authority/Successor Agency to the -280 3:00 p.rn. EI Cajon Redevelopment Agency DRAFT MINUTES PUBLIC COMMENT (Continued)
Mayor Pro Tern Wells asks Mr. Attala for his opinion on the problem that exists. He reminds the public that Council made a change in the law to allow card playing, and comments that he does not see any kind of institutional discrimination taking place. He suggests dealing with the problem head on, if a problem exists.
Mr. Attala states he is here regarding comments from Mayor Lewis. He does not believe this involves racism in his opinion.
Star Bales indicates she wishes to speak as an individual, from the heart and mind. She feels that some of the passion being expressed could involve a miscommunication about some issues brought up today. She does not feel there is discrimination in the City.
Councilmember McClellan informs the public that Star Bales has put on a uniform and served our country.
Councilmember Kendrick apologizes to Mr. Arabo . and indicates that what he wants for children in the City, is not t
.m.
ehavior he is seeing at this
ind: ates she is deeply offended by the comments about children being pawns, a e insinuation that because they are young, they are not informed. She states they are here because they care about EI Cajon, and feels they are not being represented.
In response to questions from Mayor Pro Tern Wells, Ms. Cardenas states that she personally believes the City is not set up to be accessible.
Hath Raduki declined to speak, and requested to give his time to Mark Arabo. Council denied the request.
Joint Meeting EI Cajon City Council/ October 22, 2013 Housing Authority/Successor Agency to the -281 300 pm. EI Cajon Redevelopment Agency DRAFT MINUTES PUBLIC COMMENT (Continued)
Monica Zech, Public Information Officer, states she is proud to work for the City. She discusses upcoming events in the City, including Hauntfest on Main Street, a free event for families, the KaBoom playground project at Bostonia Park and the Centennial farewell celebration.
2. WRITTEN COMMUNICATIONS: None
3. PUBLIC HEARINGS:
3.1 RESOLUTION: DELINQUENT REFUSE COLLECTION CHARGES (Report: Deputy Director of Public Works)
RECOMMENDATION: That the City Council:
• Open the Public Hearing and receive testimW • Close the Public Hearing; r:1C1, • Adopt the next RESOLUTION in rd r certiflying he list f roperty owners as delinquent in th ym nt of t ~r and to trash se i e bills; and • Authorize the City C~k to re 0 e a 0 nt owed a lien on the propert n forwa d!5JIi t to teo nty a Assessor for billing on the PUblicn:::~:a The ax bi I
to speak.
MOTION BY LEWIS, SECOND BY WELLS, to CLOSE the Public Hearing.
MOTION CARRIES BY UNANIMOUS VOTE.
Joint Meeting: EI Cajon City Council! October 22, 2013 Housing Authority/Successor Agency to the -282 300 p.rn. EI Cajon Redevelopment Agency DRAFT MINUTES ITEM 3.1 (Continued)
MOTION BY LEWIS, SECOND BY MCCLELLAN, to ADOPT RESOLUTION NO.104-13 certifying the list of property owners as delinquent in the payment of their mandatory trash service bills; and AUTHORIZE the City Clerk to record the amount owed as a lien on the property and forward a list to the County Tax Assessor for billing on the next property tax bill.
MOTION CARRIES BY UNANIMOUS VOTE.
3.2 SUBSTANDARD ABATEMENT AT 620-640 SO. MARSHALL AVE. (Report: Building Official/Fire Marshal) (Continued from 9/10/13)
RECOMMENDATION: That the City Council
• Open the Public Hearing and receive testimony; • Close the Public Hearing; • Direct staff to file a Notice of Restriction ag . st t • Begin accrual of civil penalties starting Octo e • Direct staff to monitor the progre s f c1ea nd ren v tion/demolition of the structures, and bring this cas bac to Councilor final resolution and determination sta time, ~m nistra iv ees, an ivil penalties at the resolution of thi CUe. LJ ISC SSIO
The Public Heari g ~p n.
John Hunter sta eVe s he re s friend of the property owner, and indicates that progress is being made, inclu ing selling cars and steel on the property.
Dirk Cahaan sta s he is technically a partial owner of the property. He indicates he obtained a CUP (Conditional Use Permit) but was unable to get the property vacated by the tenant, and that he is not willing to put any more money into the property. He would like to assist and cooperate with the Council.
Building Official/Fire Marshal Dan Pavao reports on the status of the property and provides Council with photographs of the property taken this morning. In response to questions from Council, he indicates that there is a person living on the property in a van, however, basic human necessities are not present on the property, and the buildings on site are a public nuisance.
Joint Meeting: EI Cajon City Councill October 22, 2013 Housing Authority/Successor Agency to the -283 300 p.rn. EI Cajon Redevelopment Agency DRAFT MINUTES ITEM 3.2 (Continued)
In response to questions from Council, City Attorney Foley advises that civil penalties may begin accruing tomorrow, should Council concur with the recommendation from Staff. A resolution would come back for approval at the next meeting.
Mayor Pro Tern Wells comments that these types of penalties sometimes encourage people to get things done. He suggests the property owner take action very fast, in light of the accrual of penalties.
No one else comes forward to speak.
MOTION BY LEWIS, SECOND BY KENDRICK, to CLOSE the Public Hearing.
MOTION CARRIES BY UNA
n R IES BY UNANIMOUS VOTE.
l) e e s called at 5:29 p.m. eeting called back to order at 5:34 p.m.
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Joint Meeting: EI Cajon City Council! October 22,2013 Housing Authority/Successor Agency to the -284 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES 4. ADMINISTRATIVE REPORTS:
4.1 RESOLUTION: APPROVAL OF AN EXCLUSIVE NEGOTIATION AGREEMENT WITH EXCEL HOTEL GROUP, INC. (Report: City Manager)
RECOMMENDATION: That the City Council adopt the next RESOLUTION in order approving an Exclusive Negotiation Agreement with Excel Hotel Group, Inc., pertaining to Successor Agency-owned property located along the north side of Rea Avenue and east side of North Magnolia Avenue in the Civic Center block; and authorizing the City Manager to sign the Agreement on the City's behalf.
DISCUSSION
City Manager Williford provides a summary of the report.
Councilmember Ambrose comments that he spoke with Hilt years ago, and it has taken until now to bring about such a roje 1.
Councilmember Kendrick states that the hotel will rovi e a bi c ange and that Marriott would be an incredible asset for t ity. H f e this ro ect will provide resurgence in downtown EI Cajon.
No further comments made. D MOTION BY EWI,D5 CO D B K ORICK, to ADOPT RESOLU I~N O. 05-t~ ap rqvi1(tg an Exclusive Negotiation Agreeme t 1Ni h Exc I f'1ot IG iOII.p, L nc., pertaining to Successor Agency-o e rop j!~ I cat a along the north side of Rea Avenue a des sid f rth Magnolia Avenue in the Civic Center block; an ut orizi g the City Manager to sign the Agreement on the City's be f.
MOTION CARRIES BY UNANIMOUS VOTE.
(Remainder of this page intentionally left blank)
Joint Meeting EI Cajon City Council/ October 22, 2013 Housing Authority/Successor Agency to the -285 3:00 p.rn. EI Cajon Redevelopment Agency DRAFT MINUTES 5. COMMISSION REPORTS:
5.1 INTERVIEWS FOR VETERANS' COMMISSION VACANCY (REPORT: City Clerk)
RECOMMENDATION: That the City Council conduct interviews for a vacancy on the Veterans' Commission and appoint an applicant to complete a term expiring on January 31,2017.
Applicants:
Name Resident of Reservist or Honorable Member - City of Active Duty Discharge Organization EI Cajon within the in City past 10 years
David Sanders Yes Discharged - Yes VFW Post 2275 2/15/2012 Robin Sink Yes Active Out n/a
DISCUSSION
TION CARRIES BY UNANIMOUS VOTE.
6. ACTIVITIES REPORTS OF MAYOR LEWIS
SANDAG (San Diego Association of Governments); SANDAG (Chair, Public Safety Committee); Indian Gaming Local Community Benefit Committee
6.1 SANDAG Board of Directors Agenda - October 11, 2013
REPORT AS STATED.
Joint Meeting EI Cajon City Council! October 22, 2013 Housing Authority/Successor Agency to the -286 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES ACTIVITIES REPORTS OF COUNCILMEMBERS
7. MAYOR PRO TEM BILL WELLS League of California Cities, San Diego Division; METRO CommissionlWastewater JPA; East County Economic Development Council- Alternate; SANDAG (San Diego Association of Governments) - Alternate; Heartland Fire Training JPA - Alternate
7.1 Council Activities Report/Comments
REPORT AS STATED.
7.2 Legislative Report
Mayor Pro Tern Wells speaks about SB 7, recently signed by Governor Brown, which says if the City continues along the path of not paying prevailing wages, we may not receive State funds for certain projects.
7.3 League of California Cities Bulletins dated 11 and 15, 2013 - City Advocate Weekly
NO RECOMMENDED ACTION.
BROSE
REPORT TATED.
9. COUNCILMEMBER GARY KENDRICK Heartland Communications JPA; Heartland Fire Training JPA.
9.1 Council Activities Report/Comments
REPORT AS STATED.
Joint Meeting: EI Cajon City Council/ October 22, 2013 Housing Authority/Successor Agency to the -287 3:00 p.rn. EI Cajon Redevelopment Agency DRAFT MINUTES ACTIVITIES REPORTS OF COUNCILMEMBERS: (Continued)
10. COUNCILMEMBER BOB McCLELLAN Harry Griffen Park Joint Steering Committee; Heartland Communications JPA Alternate; MTS (Metropolitan Transit System Board).
10.1 Council Activities Report/Comments
REPORT AS STATED.
11. JOINT COUNCILMEMBER REPORTS: None
12. GENERAL INFORMATION ITEMS FOR DISCUSSION: None
13. ORDINANCES: FIRST READING
13.1
City Attorney Foley provides a summary of the report.
Jerry Turchin, representing California Metals, supports the idea of the ordinance, and feels very strongly that if stolen property is suspected, a call should be made to the Police Department.
Joint Meeting: EI Cajon City Council/ October 22, 2013 Housing Authority/Successor Agency to the -288 3:00 pm. EI Cajon Redevelopment Agency DRAFT MINUTES ITEM 13.1 (Continued)
City Attorney Foley clarifies that the interim ordinance would not outlaw, invalidate or in any way affect the current operators. It would simply stop allowing any future operators, temporarily, until such time that Staff can look into, and evaluate the matter, to determine what type of regulations should be considered.
Discussion ensues among Council and Staff concerning whether to limit the moratorium to precious gems, gold and silver jewelry buying stores, or to adopt the more encompassing ordinance.
In response to questions from Mayor Pro Tern Wells, City Attorney Foley provides clarification about the urgency ordinance as a mechanism to allow time for Staff to study the proper land use. He adds that the law only allows it to be good initially for 45 days, with an extension of up to 10 months and 15 days, and a second extension for up to one year.
Councilmembers express support for the more inclusive urgen
MOTION BY LEWIS, SECOND BY MCCLEL AN, to .... LJ'-.Jn Ordinance No. 4996 to establish mora 0 ium on merchandise stores in the City of I ajon.
cf'f\ RIES B UNANI
The City Clerk re nJJ f r a fi st reading:
(Remainder of this page intentionally left blank)
Joint Meeting EI Cajon City Council/ October 22, 2013 Housing Authority/Successor Agency to the -289 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES 14. ORDINANCES: SECOND READING AND ADOPTION
RECOMMENDATION: That Mayor Lewis requests the City Clerk to recite the title.
14.1 REPEALING ORDINANCE NO. 3579 AND ELIMINATING SPECIFIC PLAN NO. 347
The City Clerk recites the title of the ordinance for a second reading:
AN ORDINANCE REPEALING ORDINANCE NO. 3579 ELIMINATING SPECIFIC PLAN NO. 347 IN ORDER TO ALLOW FOR THE CONSTRUCTION OF A PROPOSED TWO-STORY SALES AND SERVICE COMMERCIAL BUILDING AND THE CONSTRUCTION OF ANCILLARY AUTOMOBILE DEALERSHIP FACILITIES
MOTION BY LEWIS, SECOND BY MCCLELLAN, to ADOPT Ordinance No. 4997.
MOTION CARRIES BY UNANlunv'u~ VOTE.
15. CLOSED SESSIONS: None
KATHIE J. RUTLEDGE, CMC City Clerk/Secretary
Joint Meeting: EI Cajon City Council/ October 22, 2013 Housing Authority/Successor Agency to the -290 3:00 p.m. EI Cajon Redevelopment Agency DRAFT MINUTES 1.3
APPROVAL OF READING BY TITLE AND WAIVER OF READING OF ORDINANCES ON THIS AGENDA
The City Council waives the reading of the full text of every ordinance contained in this agenda and approves the reading of the ordinance title only. MEETING: 11/12/2013 ~ ItitJ If 110LII ITEM NO: 1.4 Zf -I ii' 33 A\lfllfllillllllj!Jt
: :
TO: Mayor Pro Tern Wells, Councilmembers Ambrose, Kendrick, McClellan
FROM: Purchasing Agent
SUBJECT: Award of Bid No. 008-14, Radio Equipment Maintenance RECOMMENDATION: That the City Council adopt the next resolution in order and award the bid to the sole responsive bidder, Motorola Solutions, Inc., in the amount of $67,469.80 for the first year of service, with an option to renew for four additional one-year periods. BACKGROUND: On June 25, 2013, Council approved the annual budget for radio equipment maintenance for the Police and Public Works Departments. Eleven prospective bidders obtained bid packages, and one response was received and opened at 2:00 p.m. on September 4,2013. The bid requires that the bidder provide evidence of certification to perform maintenance on Regional Communications System equipment and that the bidder be factory trained and certified to work on Motorola radio equipment. Motorola Solutions, Inc. has provided all required evidence and certifications. The bid submitted by Motorola Solutions, Inc. includes the use of Day Wireless Systems, Inc. (an authorized subcontractor to perform field service). Purchasing, in concurrence with the Chief of Police and Assistant City Manager, recommends award of the bid to the sole responsive bidder, Motorola Solutions, Inc. The summary of bids is attached and complete proposals are on file in Purchasing. FISCAL IMPACT: Pricing of $67,469.80 is based upon estimated annual quantities. More or less may be used as needs dictate. Sufficient funds are available in Activity/Account numbers 130150-8576 (Police Communications-Repairs & Maintenance), 650720-8576 (Wastewater Maintenance), and 211320-8576 (Public Works Street Maintenance). Funding for maintenance in years two through five will be provided from annual budget appropriations as approved by the City Council. PREPARED BY: REVIEWED BY: APPROVED BY: 9C)-p~ ~1t;;&~ ~~ Dede Porter Na .p m ougIaS Willi~ PURCHASING AGENT DEPUTY CITY MANAGER! CITY MANAGER DIRECTOR OF FINANCE BID SUMMARY - BID NO. 008-14
BIDDER TOTAL BID AMOUNT
Motorola Solutions, Inc. (San Diego) $67,469.80 *
*Recommend award RESOLUTION NO. -13
RESOLUTION AWARDING BID FOR RADIO EQUIPMENT MAINTENANCE. (Bid No. 008-14).
WHEREAS, Council approved the annual contract for radio equipment maintenance for the Police and Public Works Departments; and
WHEREAS, eleven prospective bidders obtained bid packages; and
WHEREAS, one response was received and opened on September 4, 2013; and
WHEREAS, Purchasing, in concurrence with the Chief of Police and Assistant City Manager, recommend award of the bid to the sole responsive bidder; and
WHEREAS, City Council believes it to be in the best interests of the City to award the contract to the sole responsive bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:
1. The City Council of the City of EI Cajon does hereby reject all other bids and proposals except that herein mentioned, and awards the bid for Radio Equipment Maintenance to:
Motorola Solutions, Inc.
in an amount not to exceed $67,469.80.
2. The Mayor and City Clerk are authorized and directed to execute a maintenance contract on behalf of the City of El Cajon.
Radio Equipment Maintenance awd
11/12/13 (Item 1.4) r,f~~;~f~~'~f~~~i~~;;] MEETING: 11/12/2013
j j IUt, IIIBJ raLl1 ITEM NO: 1.5 _ -! p L;:33 i inn j !i A1ll[lfllil[Illllr lt
TheValley of opportunity ·,·,·-,·~".,-o_~,,_.· " ...."_~_:.,," TO: Mayor Pro Tern Wells, Councilmembers Ambrose, Kendrick, McClellan
FROM: Purchasing Agent
SUBJECT: Award of Bid No. 010-14, Digital Color Photocopiers
RECOMMENDATION: That the City Council adopt the next resolution in order and award the bid to the lowest responsive, responsible bidder, Business Copier Solutions, in the amount of $40,910.75. BACKGROUND: On June 25, 2013, Council approved the purchase of replacement photocopiers. The bid included seven color photocopiers; six for City Hall and one for Fire Station 6. Twenty-three prospective bidders obtained bid packages, and seven responses were received and opened at 2:00 p.m. on October 1, 2013. The bids were evaluated based on purchase price plus the cost of maintenance for five years. Purchasing, in concurrence with the Information Technologies Manager, recommends award of the bid to the lowest responsive, responsible bidder, Business Copier Solutions. The summary of bids is attached and complete proposals are on file in Purchasing. FISCAL IMPACT: $40,910.75 for seven copiers and maintenance for first year only. Sufficient funds are available for the equipment purchase in Activity/Account #615110 9020 (Citywide IT Replacement) and for the maintenance in Activity/Account #122000 8576 (Business Services-Repairs & Maintenance). Funding for maintenance in years two through five will be provided from annual budget appropriations as approved by the City Council.
PREPARED BY: REVIEWED BY: APPROVED BY: 90~) ~...;;vZ~ / f20~ ~-~.~ Dede Porter Na cy Pa m Douglas Willifo PURCHASING AGENT DEPUTY CITY MANAGER/ CITY MANAGER DIRECTOR OF FINANCE BID SUMMARY - BID NO. 010-14
BIDDER TOTAL AMOUNT BID*
Business Copier Solutions (Poway) $54,578.25 ** Toshiba Business Solutions (San Diego) $62,669.99 Sharp Business Systems (San Diego) $69,105.52 Ricoh USA, Inc. (San Diego) $73,282.31 Xerox Corporation (San Diego) $79,227.83 Kyocera Document Solutions (San Diego) $82,192.98 Konica Minolta Business Solutions (San Diego) $89,354.04
*Total amount of bid includes purchase of seven copiers, and five years of maintenance.
** RECOMMEND AWARD RESOLUTION NO. -13
RESOLUTION AWARDING BID FOR DIGITAL COLOR PHOTOCOPIERS. (Bid No. 010-14).
WHEREAS, Council approved the purchase of replacement photocopiers for various City departments; and
WHEREAS, seven responses were received and the bids were opened on October 1, 2013; and
WHEREAS, Purchasing, in concurrence with the Information Technologies Manager, recommends award of the bid to the lowest responsive, responsible bidder; and
WHEREAS, City Council believes it to be in the best interests of the City to award the contract to the lowest responsive, responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:
1. The City Council of the City of EI Cajon does hereby reject all other bids and proposals except that herein mentioned, and awards the bid for Digital Color Photocopiers to:
Business Copier Solutions in an amount not to exceed $40,910.75.
2. The Mayor and City Clerk are authorized and directed to execute a contract on behalf of the City of EI Cajon.
Digital Color Photocopier awd
11/12/13 (Item 1.5) r"cit'y"ci~~k'ij"~t~"St'~~p""l ~ Rn:EI\!~n n It'E Oft MEETING: 11112/2013 ,~" Ci'(/' 'll' 'i I_ty ,r Ell r;ijll ITEM NO: 1.6 _ ! -b P 4: ~3 1lIlldllt'lljbt 1",,1
TO: Mayor Pro Tern Wells, CENTENNIAL Councilmembers Ambrose, Kendrick, McClellan .~ ~ ~",' C'0l'porate(\ '\.e, FROM: City Manager
SUBJECT: Application for Special Operation License for Annie's Attic Resale & Consignment - 907 E. Washington Avenue
RECOMMENDATION: That the City Council approve the application submitted by Traci Taylor for a business offering resale items and consignment services at 907 E. Washington Avenue.
BACKGROUND: The applicant submitted the attached application on September 30,2013, prior to City Council action on October 22, 2013, to adopt an interim urgency ordinance to place a moratorium on secondhand dealers. Additionally, the Police and Community Development Departments reviewed and internally approved the application prior to Council action on October 22.
Attached is a letter from the applicant indicating that they have made financial commitments to include a two-year lease and invested considerable capital into the proposed business.
This is the only Special Operation License pending City Council approval. No other applications have been accepted since the interim ordinance establishing a moratorium was approved.
FISCAL IMPACT: No impact to the General Fund.
PREPARED BY: To: Nancy Palm Assistant City Manager City of EI Cajon ref: Annie's Attic Resale & Consignment business license, conditional use permit
Ms. Palm,
I, Traci Taylor, am writing to you in reference to the status of our business license. I understand that our application, which had passed through and was approved by each city department, just missed the October agenda for City Council approval. I also understand that at that same council meeting the city voted to institute a moratorium on the type of special use permit/ license for which we had applied.
Our business is a resale business that deals in secondhand merchandise however, we do not buy our merchandise from the public. Our merchandise comes from the purchase of default storage units and items we locate at estate sales.
Our concern comes from the fact that, having been told by each department we have dealt with that there was no issue with our application and that it just needed city council approval we have invested a considerable amount of financial capital into the business as well as signed a two year lease on the building. We have also invested in signs to be placed on the building. It would come as a great loss to not be approved for use and be able to move forward. Our business is located at 907 E. Washington Ave.
My family is well rooted in the EI Cajon/East County area. I grew up in EI Cajon and attended school here. My husband, Sean Taylor also grew up in the East County. My husband also worked in law enforcement for 20 years with the City of EI Cajon.
I appreciate your time and consideration in this matter. Any assistance you can provide in this matter would be greatly appreciated. If you have any questions or need any additional information feel free to contact me.
Thank You, Traci Taylor (C) 928.830.0782 email: [email protected]
Received via email on 11/5/13 at 10:53 a.m. CITY OF EL CAJON 200 CIVIC CENTER WAY APPLICATION FOR ElCAJON,CA 92020 SPECIAL OPERATION LICENSE
(Please type or print in ink. Illegible applications will be returned)
~1;') BUSINESS PHONE: f '63 D "r 0 7 «,1 FAX NUMBER:
EL CAJON LOCATION (If different from above): _
NEW BUSINESS ¢ CHANGE LOCATION 0 NEW OWNER 0
NAMES AND ADDRESSES OF ALL PERSONS FINANCIALLY INTERESTED IN THE BUSINESS:
PRINT YOUR NAME I --Tit .rltJI "Tls. "1' I. !h{!,J - acknowledge receipt of a copy of Chapter 5.16 of the EI Cajon Municipal Code. I understand that all applicants must be fingerpfinted 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.
DO NOT WRITE BELOW
FOR OFFICE USE ONLY DATE INITIAL 1. ESCORT SVC 11. POLICE TOW
~ 2. JUNKYARD 12. CLOSE OUT FEES PAID $ .ftJ [)C) CJ7",-""$6 ,.....~J1:2 3. MASSAGE PARLOR 13. AMBULANCE DATE FORWARDED TO POLICE DEPT. ~ 1{ILhJ~ I t/ 4. MDSE COUPON SLS 14. ARCADE POLICE DEPT. RECOMMENDATION 5. PAWNBROKER 15. POOLROOM o APPROVAL o DEi~iAL ---- 6. PRVT PATROL SVC 16. CABARET COMMUNITY DEVELOPMENT DEPT. RECOMMENDATION o APPROVAL o DENIAL 7. SECOND HAND X 17. PUBLIC DANCE 8. SWAP MEET OPER 18. SOUND TRUCK ~ MANAGER RECOMMENDATION APPROVAL 0 DENIAL I//~~j ;2)...... - 9. VEHICLE FOR HIRE 19. FORTUNETELLER
10. ALC-TOB FREE DNCE 20. CARD ROOM emf COUNCIL ACTION o APPROVAL o DENIAL FT,24,12 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: Ann /e, 15 4H){!· .leJh/.e i r!OJ1SICjJvhted. t:
BUSINESS ADDRESS: 10'7 6, W(;ISh /12c:"1/r.)n AtJL-- eC Cit '1 c;)e; ,;l-D v BUSINESS PHONE: 1cl g--" '6325-<.Y7<6:J- FAX NUMBER:------DESCRIPTION OF BUSINESS OR SERVICE PERFORMED:_~~'_=_'...... ------
EL CAJON LOCATION (If different from above): _
NEW BUSINESS ~ CHANGE LOCATION 0 NEW OWNER 0
NAMES AND ADDRESSES OF ALL PERSONS FINANCIALLY INTERESTED IN THE BUSINESS:
TR-A-v\ 'T f>.-<../t-·oR- I 'J.-1sz, (u //c/ eM
PRINT YOUR NAME I :T2ll}vl TA)fto;Z,- . 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.
FOR OFFICE USE ONLY DATE INITIAL 1. ESCORT SVC 11. POLICE TOW , 2. JUNKYARD 12. CLOSE OUT FEES PAID $ /fJ.M 9--36-.-/3 vB 3. MASSAGE PARLOR 13. AMBULANCE DATE FORWARDED TO POLlCE DEPT. ~ ~ f',", 4. MDSE COUPON SLS 14. ARCADE POLICE DEPT. RECOMMENDATION i I \ '\ S. PAWNBROKER 15. POOLROOivl ~ APPROVAL o DENIAL lot o::z,1 \3 -~, ) 6. PRVT PATROL SVC 16. CABARET COMMUNITY DEVELOPMENT DEPT. RECOMMENDATION o APPROVAL o DENIAL 7. SECOND HAND X 17. PUBLIC DANCE 8. SWAP MEET OPER 18. SOUND TRUCK CITY MANAGER RECOMMENDATION o APPROVAL o DENIAL 9. VEHICLE FOR HIRE 19. FORTUNETELLER 10. ALe-TOB FREE DNCE 20. CARD ROOM CITY COUNCIL ACTION o APPROVAL o DEhllAL
FT-24-12 CITY OF EL CAJON 200 CIVIC CENTER WAY APPLICATION FOR ELCAJON,CA 92020 SPECIAL OPERATION LICENSE
(Please type or print in ink. Illegible applications will be returned)
BUSINESS NAME: An n /e \5 4H-/e. Le.J£/e i c!ons/9 A-fU fa t~ BUSINESS ADDRESS: q07 6, WtlshJ>?q!on dvu eC Cit q~.£);;l.-D v' BUSINESS PHONE: 1,). ~ ;..- '630'::::07<6 ")....-: FAX NUMBER: ------DESCRIPTION OF BUSINESS OR SERVICE PERFORMED:_-<-=.=....;.~~ _
EL CAJON LOCATION (If different from above): _
NEW BUSINESS ~ CHANGE LOCATION 0 NEW OWNER 0
NAMES AND ADDRESSES OF ALL PERSONS FINANCIALLY INTERESTED IN THE BUSINESS:
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PRINT YOUR NAME I :rt2. ,&c.-d TA/j&0IU . 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 Poiice 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.
FOR OFFICE USE ONLY DATE INITIAL 1. ESCORT SVC 11. POLICE TOW
2. JUNKYARD 12. CLOSE OUT FEES PAID $ /1).[)d 9,...3(:>'..(3 vh 3. MASSAGE PARLOR 13. AMBULANCE DATE FORWARDED TO POLICE DEPT. ~ 4. MDSE COUPON SLS 14. ARCADE POLlCE DEPT. RECOMMENDATION • 5. PAWNBROKER 15. POOLROOfvl o APPROVAL o DENIAL 6. PRVT PATROL SVC 16. CABARET ~MMUNITY DEVELOPMENT DEPT. RECOM1~"Rh7fN APPROVAL 0 DENL~L rOI fh r7 tur 7. SECOND HAND X 17. PUBLIC DANCE 8. SWAP MEET OPER 18. SOUND TRUCK CITY MANAGER RECOMMENDATION o APPROVAL o DENIAL 9. VEHICLE FOR HIRE 19. FORTUNETELLER 10. ALC-TOB FREE ONCE 20. CARD ROOM CITYCOUNCIL ACTION o APPROVAL o DENIAL -rT-24-12 CENTENNIAl. Community Development Department ',~~~:\~
To: Manjeet Ranu, AlCP, Planning Manager Y From: David Welch, Administrative Intern
Date: October 14, 2013
Re: Special Operation License for a Secondhand Store at 907 E. Washington Ave
Request: The Planning Division has received a request to provide comments regarding a special operation license application for a business conducting secondhand sales. The business description is resale. The location of the business is 907 East Washington Avenue, a commercial building in the Neighborhood Commercial (CN) zone.
Code Requirements: ECMC § 17.150.170 permits the conduct of secondhand sales in the Cl-J zone. The proposed business is compatible with the zoning code. The location is outside the boundaries of Specific Plan 182 which has additional standards for secondhand sales. Pursuant to ECMC § 5.16.030, the conduct of a secondhand store requires approval of a special operations license.
Conclusion: Staff has identified no land use Issues associated with this license application. ICE OF MEETING: 11/12/2013 ~( i. \. l~tJ I~ Ial lilllll ITEM NO: 1.7 -, j -b 1{: 51 ~Il'ldlll,grt
TheValley ojOpportlinity TO: Mayor Pro Tern Wells, Councilmembers Ambrose, CENTENNIAL Kendrick, and McClellan ·~c ~ 9""" OI'Porate!\ '\: FROM: Deputy City Manager/Director ofFinance and Treasurer
SUBJECT: July - September 2013 Quarterly Treasurer's Report
RECOMMENDATION: That the City Council receive the quarterly Treasurer's Report for the quarter ending September 30, 2013.
BACKGROUND: Per the City's investment policy, the latest quarterly Treasurer's Report is presented for Council receipt and approval.
Investment Trends/Economy - In its statement released on October 30, 2013, the Federal Open Market suggests economic activity has been expanding at a moderate pace. "Indicators of labor market conditions have shown some further improvement, but the unemployment rate remains elevated. Available data suggest that household spending and business fixed investment advanced, while the recovery in the housing sector slowed somewhat in recent months. Fiscal policy is restraining economic growth. Apart from fluctuations due to changes in energy prices, inflation has been running below the Committee's longer-run objective, but longer-term inflation expectations have remained stable. Consistent with its statutory mandate, the Committee seeks to foster maximum employment and price stability. The Committee expects that, with appropriate policy accommodation, economic growth will pick up from its recent pace and the unemployment rate will gradually decline toward levels the Committee judges consistent with its dual mandate. The Committee sees the downside risks to the outlook for the economy and the labor market as having diminished, on net, since last fall. The Committee recognizes that inflation persistentlybelow its 2 percent objective could pose risks to economic performance, but it anticipates that inflation will move back toward its objective over the medium term."
The Committee supports efforts to maintain downwardpressure on longer-term interest rates and will continue its purchases of Treasury and agency mortgage-backed securities. Other policy measures are anticipated even after the asset purchase ends and the economic recovery strengthens. The federal funds target rate of °to % percent remains as long as the unemployment rate is above 6.5% and inflation is within acceptable levels. U.S. Treasuries - As of September 30,2013, the daily yield was 0.33% for a 2-year Treasury and 1.39% for a 5-year Treasury. Compared to the prior year, the 2-year Treasuries increased 10 basis points and the 5-year Treasuries increased 77 basis points.
U.S. Government Agencies - As of the end ofthe quarter, the yield was 0.46% for a 2-year and 1.78% for a 5-year FederalAgency investment, compared to 0.30% and 0.89%, respectively, for the prior year. The City's investment portfolio is comprised primarily of U.S. Government securities because they continue to offer a higher return than U.S. Treasuries.
LAIF & CAMP Pools - Consistent with market conditions, interest rates in LAIF and CAMP remain very low. The quarter to date yield for LAIF was 0.26% and the 7-day yield for CAMP was 0.07%.
Outlook & Strategy - The USD Burnham-Moores Center for Real Estate's Index of Leading Economic Indicators for San Diego County rose 0.4 percent in August, the most recent month available. According to the press release issued on September 27,2013, "The advance was led by big gains in consumer confidence and the outlook for the national economy. There was also a small gain in local stock prices. These gains outweighed small declines in building permits, initial claims for unemployment insurance, and help wanted advertising to push the USD Index to its 12th straight gain and 21st in 22 months."
Currently, long-term investments do not offer any appreciable advantage over the mid-term rates. As opportunities become available and the City's cash flow needs are met, transferring funds out of the LAIF pool into higher paying securities will be explored with the City's investment advisors, Public Financial Management (PFM).
All ofthe City's portfolio investments are either U.S. Agencies or U.S. Treasury instruments. The CAMP pool is currently rated AAA. No rating is provided for LAIF, but it is expected it would also achieve an AAA rating.
Report Presentation - This report is presented in four sections:
Operating Cash - The Union Bank Master Account is the City's main checking account. The City also utilizes a merchant account with U.S. Bank for receiving credit card payments. Funds are automatically transferred daily from U.S. Bank to the City's main checking account at Union Bank.
Operating Investments - The City's operating investments are primarily invested in LAIF (48.14%) earning 0.26%, followed by portfolio investments (51.42%) earning 0.79%, and the remainder in the CAMP investment pool (0.44%) earning 0.07%. The investment portfolio make-up of LAIF and CAMP pools are attached. In addition to maximizing yield, these investments provide for safety and liquidity in meeting the City's operational needs.
ECPFA Revenue Bond Investments - On June 30, 2009, the EI Cajon Public Financing Authority issued revenue bonds in the amount of $25,195,000 for the construction of the Public Safety Center (PSC) Project. The Bank of New York Mellon is the Trustee and the required bond reserve account is invested in the CAJ\1P Cash Management and CAMP Managed Accounts with a current value of $2,642,784. The debt service fund of $67 is a temporary holding account in which the Trustee receives payment from the ECPFA to make payments to the bond holders. All other bond funds were exhausted in prior fiscal years to pay for construction costs of the PSC. Sufficient Proposition 0 sales tax revenues are anticipated to fund debt service requirements and remaining project expenses for the construction of a new EI Cajon Animal Shelter. Available funds on hand are integrated with the City's operating investments.
Successor Agency Investments - The Successor Agency's operating investments, totaling $1,820,527, are invested in LAIF. The Bank of New York Mellon is the Trustee and the required bond reserve account has a current value of $1,317,319. The debt service fund of $3,064,580 is a temporary holding account in which the Trustee receives payment from the Successor Agency to make payments to the bond holders. Bond proceeds of $5,043,622 are invested in LAIF.
FISCAL IMPACT: Interest earned for the first quarter of the fiscal year, on a cash basis, was $62,608. Market value is slightly lower than the original investment cost.
PREPARED BY: APPROVED BY: ~:l4-1C;<.A~ ~'k'~'~/ Nan Pa1m Deputy City Manager I Director of Finance and Treasurer CITY OF EL CAJON TREASURER'S REPORT AS OF SEPTEMBER 30, 2013 Cash Basis
Fiscal Balance Quarter to Date Year to Date as of Yield/Interest Interest Interest Market September 30,2013 Rate Earnings Earnings ~ Operating Cash UBOC Checking (Master) $ 1,429,621 0.02% $ 20 $ 20 $ 1,429,621 US Bank (Merchant Processing) 12,312 nfa 12,312 Petty Cash 4,320 nfa 4,320 Total Operating Cash $ 1,446,253 $ 20 $ 20 $ 1,446,253
Operating Investments LAIF(1) - City Pool $ 33,446,707 0.26% $ 25,878 $ 25,878 $ 33,465,682 CAMP(2) Cash Management 302,252 0.07% 12 12 302,252 CAMP Managed Portfolio 35,727,534 0.79% 32,094 32,094 35,583,126 Total Operating Investments 69,476,493 57,984 57,984 69,351,060
Total Operating Cash and Investments $ 70,922,746 $ 58,004 $ 58,004 $ 70,797,313
ECPF A Revenue Bond Investments The Bank of New York Mellon Trust Company: Bond Reserve Fund - Portfolio 2,635,234 0.40% 2,637,811 Bond Reserve Fund - Cash Mgmt 7,550 0.07% 1 1 7,550 Bond Debt Service Fund 67 0.01% 9 9 67 Total ECPFA $ 2,642,851 $ 10 $ 10 $ 2,645,428
Successor Agency Investments LAIF - Operating Investments 1,820,527 0.26% 1,467 1,467 1,821,560 The Bank of New York Mellon Trust Company: Bond Reserve Fund 1,317,319 0.02% 66 66 1,317,319 Bond Debt Service Fund $ 3,064,580 0.02% $ $ $ 3,064,580 LAIF - Bond Proceeds, 2007 5,043,622 0.26% 3,061 3,061 5,046,484 Total Successor Agency $ 11,246,048 $ 4,594 $ 4,594 $ 11,249,943
Grand Total Cash and Investments $ 84,811,646 $ 62,608 $ 62,608 $ 84,692,684
I certify that all investments under the management of the City are in compliance with the City's adopted investment policy, and I certify the City's investments plus projected revenues, are sufficiently liquid to meet the City's next six (6) months cash flow requirements per the adopted budget. '·~-r4• • / ' '/r://.1 /' rI4;{"("zf P~/i/f/c~./ 'Nancy Palm, Treasurer Date
*Source: Bank and Trustee Statements
Note (1): The Local Agency Investment Fund (LAIF) is a voluntary investment alternative for California's local governments and special districts authorized by the California Government Code. LAIF is managed by the State Treasurer'sOffice With oversight by the Local Agency Investment Advisory Board. All securities in LAIF are purchased under the authority of Government Code Sections 16430 and 16480.8. LAIF is part of the State Treasurer's Pooled Money Investment Account (PMIA). The PMIA Investment Policy is guided by the goals of portfolio safety/diversification. liquidity, and yield.
Note (2): The California Asset Management Program (CAMP) is a California Joint Powers Authority established in 1989 to provide California public agencies with professional investment services. The CAMP Pool is a permitted investment for all local agencies under California Government Code Section 53601(p). CAMP is directed by a Board of Trustees, which is made up of experienced local government finance directors and treasurers. CITY OF EL CAJON OPERATING INVESTMENTS PORTFOLIO MATURITIES BY DATE AND TYPE (AT PAR) AS OF SEPTEMBER 30, 2013
Type of Investment < 1 Year 1 - 2 Years 2 -3 Years > 3 Years LAIF - City Pool 33,446,707 CAMP Cash Management 302,252 CAMP Managed Portfolio: FHLMC Global Notes 4,000,000 4,000,000 FNMA Global Notes 1,500,000 2,000,000 14,600,000 3,235,000 FHLB Global Bonds 2,000,000 US Treasury Notes 1,500,000 Totals $ 40,748,959 $ 6,000,000 $ 16,600,000 $ 3,235,000
Portfolio Percentage 61.20% 9.01% 24.93% 4.86%
Portfolio Maturities
70% T------.--.----.. --.-. ------.------.------..---..------.-. ----. -....-0· .. ---.------. --0·--.
60% 50% 40% 30% 20% 10% 0% < 1 Year 1- 2 Years 2 - 3 Years > 3 Years
QUARTERLY YIELD COMPARISONS
Quarter LAIF CAMP 2-Year Ending Pool Portfolio Treasury 2-50% (1) (2) (3) 2.00% Sep-10 0.51% 2.03% 0-42% Dec-10 0-46% 1.80% 0.61% 1.50% Mar-11 0.51% 1.53% 0.80% Jun-11 0-48% 1.58% 0-45% 1.00% Sep-11 0.38% 1.67% 025% Dec-11 0.38% 1.60% 0.25% Mar-12 0.38% 1-46% 0.33% 0.50% Jun-12 0.36% 1.32% 0.33% Sep-12 0.35% 1.21% 0.23% 0.00% Dec-12 0.32% 0.97% 025% Sep-10 Mar-ll Sep-ll Mar-12 Sep-12 Mar-13 Sep-13 Mar-13 0.28% 0.77% 0.25% Jun-13 0.24% 0.79% 0.36% -4-LAIF Pool ~CAMP Portfolio 2-Year Treasury Sep-13 0.26% 0.79% 0.33%
(1) per State Treasurer's Office, PMIA Earnings Yield Rate (average quarterly return) (2) per CAMP Portfolio report (3) per US. Treasury 2-year daily yield curve rate CITY OF EL CAJON OPERATING INVESTMENTS COMPOSITION AS OF SEPTEMBER 30, 2013
Prior %Change %of Quarter From Investment Total Investment Prior Operating Investments Type of Investment Amount Investments Amount Quarter
LAIF - City Pool (See attached graph) $ 33,446,707 48.14% $ 44,761,098 -25.28% CAMP Cash Management Cash Reserve Portfolio 302,252 0.44% 208,209 45.17% CAMP Managed Portfolio Federal Agency Bonds/Notes 35,727,534 51.42% 35,938,293 -0.59% Total Operating Investments $ 69,476,493 100.00% $ 80,907,600 -14.13%
Operating Investments CAMP Investment Portfolio Issuers by Market Value CAMP Cash CAM P Managed Management FNMA Portfolio 0.44% 63.06% ~ 51.42% USTN 4.11%
FHLB LAIF - City Pool 5.42% 48.14% FHLMC 27.41%
HISTORICAL COMPOSITION
Quarter Ending Q2£:.11 M.ID:.:ll J..llil:1l Sep-12 Dec-12 Mar-13 :!!!!!:ll Sep-13
LAIF - City Pool $ 42,270,551 $ 29,037,277 $ 42,981,890 $ 34,662,615 $ 31,973,147 $ 38,900,545 $ 44,761,098 $ 33,446,707 CAMP Cash 192,468 387,693 543,309 184,328 $ 1,657,882 $ 5,138,257 $ 208,209 $ 302,252 CAMP Portfolio 37,028,257 36,963,001 37,408,136 35,601,742 $ 34,115,570 $ 30,665,914 $ 35,938,293 $ 35,727,534 Total $ 79,491,276 $ 80,829,211 $ 93,157,175 $ 73,715,815 $ 70,159,550 $ 74,704,716 $ 80,907,600 $ 69,476,493
$100 $90 $80 $70 $60 $50 $40 $30 $20 $10 s- Dec-ll Mar-12 Jun-12 Sep-12 Dec-12 Mar-13 Jun-13 Sep-13
IiiiLAIF - City Pool Ii! CAMP Cash ~ CAMP Portfolio BILL LOCKYER TREASURER STATE OF CALIFORNIA
PMIA Performance Report LAIF Performance Report
/< Quarter ending 09/30/2013 ~,j,~,i<~ I,<~~j!~w Pooled Money Investment Account Portfolio Composition $56.6 Billion 09/30/13 Loans 5.92% Commercial Paper 3.50% Time Deposits 7.73% CDs/BNs 13.91% Treasuries 59.41% Agencies 9.25% Cash Reserve Portfolio Characteristics as of September 30,2013 Amortized Cost1 $1,795,067,558 Weighted Average Maturity 48 Days Current 7-Day Yield2 0.06% Net Asset Value per Share $1.00 S&P Rating3 AAAm Sector Composition* Credit Quality Distribution** i1Il Bankers' Acceptances [;1 Repurchase 2.3% Agreements A-1 (Short-term) III AA+ 23.9% 60.4% 14.2% Negotiable Certificates of Deposit 296% • Federal Agencies 13.8% A-1+ (Short-term) 2S.5% Commercial Paper 24.5% .. Ratings by Standard & Poor's. • Percentages may not total to 100% due to rounding . Percentages may not total to 100% due to rounding...... / 1. End of month trade-date amortized cost of portfolio. 2. As of September 30, 2013. The current annualized yield of the CAMP Cash Reserve Portfolio may, from time to time, be quoted in reports, literature and edvettisements published by the Trust. Current annualized yield, also known as the current seven-day yield, represents the net change, exclusive of capital changes and income other than investment income, in the value ofa hypothetical account with a balance of one share (normally $1.00 per share) over a seven-day base period expressed as a percentage of the value of one share at the beginning of the seven-day period. This resulting net change in account value is then annualized by multiplying it by 365 and dividing the result by 7. Past performance is not indicative of future results and yields may vary. 3. Standard &Poor's fund ratings are based on analysis of credit quality, market price exposure, and management. According to Standard &Poor's rating criteria, the AAAm rating signifies excellent safety ofinvestment principal and a superior capacity to maintain a $1.00 per share net asset value. However, it should be understood that the rating is not a "market" rating nor a recommendation to buy, hold or sell the securities. For a full description on rating methodology, visit Standard & Poor's website (http://www.standardandpoors.comlratingslfunds-main/en/us). This information is for institutional investor use only, not for further distribution to retail investors, and does not represent an offer to sell or a solicitation of an offer to bUy or sell any fund or other security. Investors should consider the Trust's investment objectives, risks, charges and expenses before investing in the Trust. This and other information about the Trust is available in the Trust's current Information Statement, which should be read carefully before investing. A copy of the Trust's Information Statement may be obtained by calling 1-800-729-7665 or is available on the Trust's website at www.camponline.com. While the Trust seeks to maintain a stable net asset value of$1.00 per share, it is possible to lose money investing in the Trust. An investment in the Trust is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Shares of the Trust are distributed by PFM Fund Distributors, lnc., member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection Corporation (SIPC) (www.sipc.orq). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset Management LLC. California Asset Management Program Portfolio Summary and Statistics For the Month Ending September 30, 2013 Account Summary Sector Allocation Description Par Value Market Value Percent U.S. Treasury Bond! Note 1,500,000.00 1,508,145.00 4.12 USTSYBond! Note Federal Agency Bond! Note 34,335,000.00 34,790,486.15 95.05 4.12% Managed Account Sub-Total 35,835,000.00 36,298,631.15 99.17% Mny Mkt Fund Accrued Interest 114,250.06 0.83% Total Portfolio 35,835,000.00 36,412,881.21 CAMP Pool 302,252.08 302,252.08 0.83 Total Investments 36,137,252.08 36,715,133.29 100.00% Unsettled Trades 0.00 0.00 FedAgy Bond! --.---- Note 95.05% Maturity Distribution Characteristics 39.44% Yield to Maturity at Cost 0.79% Yield to Maturity at Market 0.45% Duration to Worst 1.70 Weighted Average Days to Maturity 676 0.00% 0.00% 0.00% 0- 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Over 5 Years ~ '==Pt··\I ~- PFl\f Asset Managcment LLC Managed Account Issuer Summary For the Month Ending September 30, 2013 Issuer Summary Credit Quality (SStP Ratil1gs) Market Value Issuer of Holdings Percent CAMP Pool 302,252.08 0.83 AAAm 0.83%------' FANNIE MAE 22,765,078.15 62.19 FEDERAL HOME LOAN BANKS 1,989,462.00 5.44 FREDDIE MAC 10,035,946.00 27.42 UNITED STATES TREASURY 1,508,145.00 4.12 Total $36,600,883.23 100.00% '-- AA+ 99.17% ~ =rrI···\i ~ Pl;rv1 Asset l\!lanagernent LLC Managed Account Detail of Securities Held For the Month Ending September 30, 2013 CITY OF Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Dated Date/ Coupon/ Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Cost Value U.S. Treasury Bond / Note USTREASURY NOTES 912828PZ7 1.500.000.00 AA+ Aaa 03/30/11 03/30/11 1.498.476.56 1.29 828.73 1.499.762.00 1.508.145.00 D10 03/15/20111.250% 03/15/2014 Security Type Sub-Total 1,500,000.00 1,498,476.56 1.29 828.73 1,499,762.00 1,508,145.00 F~deral Agency Bond / Note FHLMC NOTES 3137EACLl 4.000.000.00 AA+ Aaa 03/10/11 03/11/11 3.969.800.00 1.17 14.875.00 3.999.128.56 4.002.384.00 DTD 08/20/2010 0.875% 10/28/2013 FNMA GLOBAL NOTES 31398AUJ9 1.500.000.00 AA+ Aaa 12/09/10 12/10/10 1.576.605.00 1.14 13.177.08 1.505.031.41 1.508.238.00 D10 12/11/2008 2.875% 12/11/2013 FHLMC NOTES 3137EADA4 4.000.000.00 AA+ Aaa 06/15/12 06/18/12 4.016.280.00 0.46 6.388.89 4.008.029.28 4.019.916.00 D10 12/16/2011 0.625% 12/29/2014 FANNIE MAE GLOBAL NOTES 3135GOHGl 2.000.000.00 AA+ Aaa 03/09/12 03/12112 1.986.720.00 0.60 312.50 1.993.538.68 2.003.358.00 DTD 02/06/2012 0.375% 03/16/2015 FNMA NOTES 31398AU34 1.000.000.00 AA+ Aaa 06/26/13 06/27/13 1.039.160.00 0.49 4.156.25 1.034.279.38 1.036.542.00 DTD 06/14/2010 2.375% 07/28/2015 FNMA NOTES (CALLABLE) 3135GONG4 2.500.000.00 AA+ Aaa 08/10/12 08/13/12 2.498.500.00 0.52 1.875.00 2.499.067.33 2.500.460.00 D10 08/07/2012 0.500% 08/07/2015 FNMA NOTES 31398A4Ml 3.070.000.00 AA+ Aaa 10/17/12 10/18/12 3.176.314.10 0.47 21.479.34 3.142.958.73 3.145.079.92 DTD 09/27/2010 1.625% 10/26/2015 FNMA NOTES 31398A4Ml 4.020.000.00 AA+ Aaa 10/04/11 10/05/11 4.116.922.20 1.02 28,126.04 4.069.922.29 4.118.313.12 D10 09/27/2010 1.625% 10/26/2015 FANNIE MAE (CALLABLE) GLOBAL NOTES 3135GOUQ4 1.665.000.00 AA+ Aaa 02/21113 03/04/13 1.665.666.00 0.59 749.25 1.665.000.00 1.661.115.56 DTD 03/04/2013 0.600% 03/04/2016 FNMA GLOBAL BENCHMARK NOTES 31359MH89 1.680.000.00 AA+ Aaa 03/09/12 03/12/12 1.953.890.40 0.85 3.733.33 1.848.892.43 1.859.770.08 D10 02!-16/2006 5.000% 03/15/2016 FANNIE MAE GLOBAL NOTES 3135GOVA8 1.665.000.00 AA+ Aaa 02/21/13 02/22/13 1.665.949.05 0.48 23.13 1.665.763.65 1.660.927.41 DTD 02/15/2013 0.500% 03/30/2016 FEDERAL HOME LOAN BANK GLOBAL NOTES 3133834R9 2.000.000.00 AA+ Aaa 06/26/13 06/27/13 1.975.060.00 0,80 2.020.83 1.977.215.20 1.989.462.00 D10 05/10/2013 0.375% 06/24/2016 -==i','t....-:"- \\ ¥=- PFl\1 Asset Management L..LC Managed Account Detail of Securities Held For the Month Ending September 30, 2013 Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Dated Date/CQupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Cost Value Federal Agenty Bond / Note FANNIE MAE GLOBAL NOTES 3135GOGY3 1.565.000.00 AA+ Aaa 01/31/13 02101113 1.596.753.85 0.73 3.314.76 1.591.520.74 1.582.548.35 DTD01/09/2012 1.250% 01/30/2017 FANNIE MAE GLOBAL NOTES 3135GOGY3 1.670.000.00 AA+ Aaa 02/21/13 02/22/13 1.706.205.60 0.69 3.537.15 1.700.677.82 1.688.725.71 DTD01/09/20121.250% 01/30/2017 FHLMC NOTES 3137EADF3 2.000,000.00 AA+ Aaa 06/26/13 06/27/13 2,003.640.00 1.20 9.652.78 2.003.404.26 2,013,646.00 DTD03/26/2012 1.250% 05/12/2017 Security Type Sub-Total 34,335,000.00 34,947,466.20 0.77 113,421.33 34,704,429.76 34,790,486.15 Managed Account Sub-Total 35,835,000.00 36,445,942.76 0.79 114,250.06 36,204,191.76 36,298,631.15 Money Market:J:und CAMP Pool 302,252.08 AAAm NR 302.252,08 0.00 302.252.08 302,252.08 Money Market Sub-Total 302,252.08 302,252.08 0.00 302,252.08 302,252.08 Securities Sub-Total $36,137,252.08 $36,148,194.84 0.79% $114,250.06 $36,506,443.84 $36,600,883.23 Accrued Interest $114,250.06 Total Investments $36,715,133.29 ~ =1'\\1 ~ PF1\;1 Asset 1\1anagernent l.LC Portfolio Summary and Statistics For the Month Ending September 30, 2013 Account Summary Sector Allocation Description Par Value Market Value Percent Federal Agency Bond I Note 2,630,000.00 2,637,811.10 99.71 Mny Mkt Fund. Managed Account Sub-Total 2,630,000.00 2,637,811.10 99.71% 0.29% Accrued Interest 4,529.44 Total Portfolio 2,630,000.00 2,642,340.54 CAMP Pool 7,549.75 7,549.75 0.29 Total Investments 2,637,549.75 2,649,890.29 100.00% Unsettled Trades 0.00 0.00 Fed Agy Bond I ~ Note 99.71% Maturity Distribution Characteristics Yield to Maturity at Cost 0.40% Yield to Maturity at Market 0.32% Duration to Worst 1.65 Weighted Average Days to Maturity 604 0.29% 0.00% 0.00% 0.00% 0.00% 0.00% o- 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Over 5 Years """il:::: 51'T\! ~ Pl:lV1 Asset Management LLC Managed Account Issuer Summary For the Month Ending September 30, 2013 Issuer Summary Credit Quality (S&P Ratings) Market Value Issuer of Holdings Percent CAMP Pool 7,549.75 0.29 AAAm FANNIE MAE 2,637,811.10 99.71 0.29% Total $2,645,360.85 100.00% AA+ '------99.71% ~\' _:'PFI\'1 Asset Management 1.t,C Managed Account Detail of Securities Held For the Month Ending September 30, 2013 CITY OFEL L.MJUI... Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Dated Date/ Coupon/ Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Cost Value Federal Agency Bond / Note FANNIE MAEGLOBAL NOTES 3135GOKM4 2.630,000.00 AA+ Aaa 06/26/13 06/27/13 2,635.233.70 0.40 4,529.44 2,634,523.26 2,637,811.10 DTD 04/19/20120.500% OS/27/2015 Security Type Sub-Total 2,630,000.00 2,635,233.70 0.40 4,529.44 2,634,523.26 2,637,811.10 Managed Account Sub-Total 2,630,000.00 2,635,233.70 0.40 4,529.44 2,634,523.26 2,637,811.10 Money Market Fund CAMP Pool 7,549.75 AAAm NR 7,549.75 0.00 7,549.75 7.549.75 Money Market Sub-Total 7,549.75 7,549.75 0.00 7,549.75 7,549.75 Securities Sub-Total $2,637,549.75 $2,642,783.45 0.40% $4,529.44 $2,642,073.01 $2,645,360.85 Accrued Interest $4,529.44 Total Investments $2,649,890.29 .:::iF ,=::r~J \1 '···CiiYFcFj~~~~~~ffi~pd.F MEETING Nov. 12, 2013 Iihl:J/lr IHI CallI ITEM NO: 1.8 ; ! b A Ii" ~lllfllllJll~~ ...... TO: Mayor Pro Tern Wells, CENTENNIAL '<'i ,\}\," ~'1; Councilmembers Ambrose, Kendrick, McClellan ~('o 'f( ,'1 rporate~ FROM: Manjeet Ranu, Planning Manager James Redman, Chief of Police SUBJECT: Ure Restaurant Card Room Special Operation License, 1255 East Main Street RECOMMENDATION: That the City Council DENY the application for a Special Operation License to operate a card room. BACKGROUND: El Cajon Municipal Code Section 5.16.070 contains the conditions (findings) for denying a special operation license to operate a card room. Staffrecommends that the City Council deny the application for a Special Operation License based on the following findings: The issuance ofa license or permit would be contrary to the public peace or morals. On-site inspections found evidence of unlawful gambling. The playing of cards and similar games is closely regulated to prevent illegal activities. Issuing the license would be contrary to the public peace and morals, as the City does not allow gambling in the community. The issuance of a license or permit would be contrary to the public health, safety or general welfare. Evidence from on-site inspections indicates that illegal gambling is occurring. Illegal gambling creates additional criminal activity, which is why it is a closely regulated industry nationwide. Unlawful activity is contrary to the public health, safety and general welfare. The objections ofprivate residents in the immediate vicinity warrant denial of the license or permit. The City has received multiple and repeated complaints about unlawful gambling at this business. The premises proposed are deemed not a proper place to carryon such a business. During multiple inspections of the premises, City staff observed little to suggest that the business is a bona fide restaurant. A card room may only operate as an accessory use to one of two permitted principal uses: a restaurant or club (or similar use), pursuant to ECMC Section 5.28.020. Very little food was observed in the business on multiple inspections. Applicant or persons having direct management, or employees, are not proper persons tocarry on the business for which a license is sought. This determination shall be made with reference to, among other things, whether such persons have ever beenconvicted ofany offense relating to the conduct of the type of business or activity for which the license is sought. A special operation license for a card room was previously denied for the same facility on October 9, 2012. The basis for the denial was the applicant provided conflicting and false information about his identity and other background information. The applicant for the current license request told staffthrough a translator that he is the father of the person who submitted and was later denied the prior license. This business relationship, coupled with multiple inspections finding evidence of ongoing unlawful gambling and no bona fide restaurant, is sufficient cause to find that the applicant is not a proper person to manage such activity. Only one condition needs to exist to deny the license. Staff finds all conditions exist for denial. Staff explained the requirements to lawfully conduct a card room to the applicant prior to the application being submitted. If the City Council denies the application, the applicant has a right to appeal that decision to the Council with a more involved administrative hearing process, intended on refuting the evidence and findings presented by staff. FISCAL IMPACT: None. CJ;Y: APPROVED BY: anjeet anu Douglas WillifOd PLANNING1'G CITY MANAGER b ;7 I James Redman Chief of Police ATTACHMENT 1. Police Department memorandum, dated August 3, 2013. CITY OF EL CAJON POLICE DEPARTMENT MEMORANDUM DATE: AUGUST 3,2013 TO: CAPTAIN JEFF ARVAN OPERATIONS DIVISION VIA CHAIN OF COMMAND FROM: OFFICER T. MARTIN PATROL DIVISION SUBJECT: Application for Special Operation License - URE Restaurant The Police Department was asked to provide comments regarding the issuance of a Special Operations License to the URE restaurant located at 1255 E. Main to operate a card room. On 07/26/2013 at approximately 2300 hours, ECPD officers conducted a business/code compliance inspection at the URE restaurant. Inside the business officers observed the following; • A total of 27 males inside the business. I observed three card tables each with seven males sitting and playing cards. At one of the tables, it was observed that money was being exchanged along with what appeared to be a ledger book. However, upon police officers entering the establishment, the money and ledger pages were quickly concealed, removed, and taken outside through the rear door of the business. Additionally the players claimed to be playing a scored card game in an attempt to explain the ledger book (a spiral bound notepad). Officers noted that the score sheet presented was new and did not yet have any scores posted for the players which seemed inconsistent with the fact that it was clear that the primary activity at the business was card playing and not food service. Committed to a Safe & Secure Community through, Service, Mutual Cooperation and Respect • Two Backgammon tables, each with three males sitting and playing backgammon. No money or ledger book was observed at these tables. • The restaurant's kitchen had two individuals cooking food. However, none of the patrons of the business were eating. Only one plate of food (a salad) was observed throughout the entire restaurant. The service counter located at the rear of the restaurant displayed bottled waters, hot tea, and soda refreshments which were being sold to the patrons. Several patrons were drinking tea or coffee in cups provided by the business • None of the restaurant's customers were observed smoking or consuming alcohol inside the business. No alcohol was located during the inspection. • The proprietor of the restaurant, Dany DANIAL, was contacted by ECPD officers. DANIAL stated that he was told by the City the restaurant had a "temporary license" to operate as a card room. DANIAL showed officers the restaurant's business license. Upon inspecting the license, it appeared the restaurant was licensed to work as a restaurant. DANIAL showed ECPDofficers the Special Operations License application which requested to be a legally licensed card room. This was only an application requesting card room status. However, DANIAL claimed to be under the impression that theapplication was a temporary license until further notice by the City. DANIAL was advised the application status is not a temporary license. Based on officers' observation of card playing along with money and apparent ledger book being quickly concealed and taken from the business, we believe illegal gambling is occurring at this location. Committed to a Safe & Secure Community through, Service, Mutual Cooperation and Respect 1.8 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) i\ 17 -- /"/ tI ()K{;: ~i.e:: e s ·f/[ 1/~'rf'0- /L/l::t ,J .... .f BUSINESS ADDRESS: /.;2 5';; E Ya: ,I ''1 S t / /1 BUSINESS PHONE: (/Ij__ Y C;1- '19 g LJ FAX NUMBER: -_ DESCRIPTION OF BUSINESS OR SERVICE PERFORMED:--:-. ----- _ /2e S:!o(/U ['0.-, f"",f EL CAJON LOCATION (If different from above): _ NEW BUSINESS 0 CHANGE LOCATION 0 NEW OWNER~ NAMES AND ADDRESSES OF ALL PERSONS FINANCIALLY INTERESTED IN THE BUSINESS: ShC24ktO 11 .kQclf::./ s PAST CRIMINAL RECORD OF ALL PERSONS FINANCIALLY INTERESTED IN THE BUSINESS (IF NONESO STATE): dtlr;1 -e . PRINT YOUR NAM I 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 epartment 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. /7 c;, FOR OFFICE USE ONLY DATE INITIAL 1. ESCORT SVC 11. POLICE TOW FEES PAID $ .5 /1 :3" 7Jlt)} (J9 2. JUNKYARD 12. CLOSE OUT 3. MASSAGE PARLOR 13. AMBULANCE DATE FORWARDED TO POLICE DEPT. 1/;8'/;) 2- 4. MDSE COUPON SLS 14. ARCADE POLICE DEPT. RECOMMENDATION 5. PAWNBROKER o APPROVAL o DENIAL 15. POOLROOM 6. PRVT PATROLSVC 16. CABARET COMMUNITY DEVELOPMENT DEPT. RECOMMENDATION o APPROVAL o DENIAL 7. SECOND HAND 17. PUBLIC DANCE 8. SWAP MEET OPER 18. SOUND TRUCK em MANAGER RECOMMENDATION o APPROVAL ~ENIAL /~ k../',~ ~.~~ 9. VEHICLE FOR HIRE 19. FORTUNETELLER 10. ALC-TOB FREE DNCE 20. CARD ROOM crrv COUNCIL ACTION ];2 o APPROVAL o DENIAL -. FT-24·12 Number Assigned: # .Jr: Card Room Fact Sheet 1. Applications for Card Room special operation license will be assigned a number in the order a completed signed application and payment in full are received at the Finance department. Applications will be processed in that order. a. Payment includes $10.00 investigation fee and business tax of $40.00 +$3.00 per employee. If tax exempt, a copyof 501(c) status with Internal Revenue Service (for example, a copy of the organization's determination letter) is required in lieu of payment of the business tax. The Special Operation License application and this form must be signed by an owner, partner, or corporate officer of the business. b. Payments received by mail will be assigned a number only when all required documentation and payment is included. If the application is incomplete, or payment in full is not received then a number will not be assigned and the application and any payment will be returned by mail within 5 working days. Delivery of mail to the Finance Department varies each day, and processing of mail is performed daily, but irregularly. Therefore, when received by mail there Is no guarantee on the time of day when a number will be assigned. c. If any payment by check is returned by financial institution for any reason,the assigned number will be immediately forfeited. Upon payment in full, including any bad check charges due, anumber will be re-assigned only if available. 2. The City Council will approve up to eight Card Room special operation licenses. 3. Once the City Council has approved eight Card Room special operation licenses, no more applications will be accepted by Finance until there is additional capacity within the established cap. 4. In the case of the issuance of the initial permits, if more than eight applications aresubmitted before City Council approves eight licenses, all pending applications will be held up to six months after the date City Council approves the eighth Card Room special operation license. a. If additional capacity occurs within the six month period, then applications will be processed based on the number assigned until the six-month period ends. b. Upon the expiration of the initial six-month period all non-processed applications and fees will be returned to the applicants. 5. Afterthe initial six month period ends, applications will only be accepted when there is additional capacity within the established cap for one of the following reasons: a. A business with a Card Room special operation license closes or surrenders their special operation license. b. City Council denies a Card Room special operation license and time for any subsequent appeal or hearing has passed. c. A Card Room special operation license is suspended or revoked in accordancewith. Chapter 5.12 of the EI Cajon Municipal Code (ECMC) and time for any subsequent appeal or hearing has passed. d. A business with a Card Room special operation license moves to a different location. Special operation licenses are not transferable to a new location (ECMC5.28.040). e. A business with a Card Room special operation license changes ownership. Special operation licenses are not transferable to a new owner (ECMC 5.28.040). Furthermore a change of ownership is defined as: i. For sole proprietor, any change except when only adding one individual with a financial interest. ii. For partnership, husband/wife joint ownership, LLC, or closely held corporation; any transaction where 51% or greater of the individuals with a financial interest in the business is added or deleted. The number of individuals will be based on the individuals listed on the specialoperation license application. iii. For publicly held corporations, any ownership change where there is a sale of assets. This excludeschanges that only involve the sale of stock shares. 6. When there is additional capacity due to any of the reasons in #5 above, no public notice will be given. 7. All Card Room special operation licenses are separate from any license required for restaurant, cabaret, or any establishment that may operate a card room in accordance with ECMC5.28.020. I declare that I have read all sections of this form to the best of my knowledge and belief Signature by Revised July 2013 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) . i\. 1)- "). " ( lk:.' {.~ k es '1-/1 j,'//-"//L·t,. ~ r j.. -, t: .. t..' - I c.- BUSINESS ADDRESS: / •.:;:( 5':2 6:.:. JLLq. .I [) '5,?) ( / /4 BUSINESS PHONE: &-"'/7 -- y' v/- yq XLj FAX NUMBER: / . c ------DESCRIPTION/), OF BUSINESS ORt SERVICE PERFORMED:-.:.------i1:(;;:; S'i/?/v {r/>. F'\ . - / (;;r4 bt_ r 4Q - EL CAJON LOCATION (If different from above): _ NEW BUSINESS 0 CHANGE LOCATION 0 NEW OWNER~ NAMES AND ADDRESSES OF ALL PERSONS FINANCIALLY INTERESTED IN THE BUSINESS: :=)/~O-fk70 11 .K Q[/L/\ J PAST CRIMINAL RECORD OF ALL PERSONS FINANCIALLY INTERESTED IN THE BUSINESS (IF NONESO STATE): !J'U-11 -e PRINT YOUR NAME ---'--'-"e-...:b-=-L-L~~_'___J.._,.;~'-I--=J~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 epartment 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 KNOWLEDGEANDBELIEF. '7 t:J1 -'7 I -=2 EXECUTED AT EL CAJON CALIFORNIA, ON THIS c:__/ ~L_ DAY 9.F J V,L/{ ""1 20 ~ SIGNED £U~" I ~ DO NOT WRITE-'BELOW FOR OFFICE USE ONLY DATE INITIAL 1. ESCORT SVC 11. POLlCE TOW !J~/ r::-, (~ 2. JUNKYARD 12. CLOSE OUT FEES PAID $ 7 J/tPJ 3. MASSAGE PARLOR 13. AMBULANCE DATE FORWARDED TO POLICE DEPT. 1);e-/!} 2- 4. MDSE COUPON SLS 14. ARCADE ~ POLICE DEPT. REL~ TION (~)~:r 5. PAWNBROKER 15. POOLROOM o APPROVAL ( ENIAL ~ 6. PRVT PATROL SVC 16. CABARET COMMUNITYDEVELOPMENT DEPT. RECOMMENDATION o APPROVAL o DENIAL 7. SE<:OND HAND 17. PUBLIC DANCE 8. SWAP MEET OPER 18. SOUND TRUCK crrv MANAGER RECOMMENDATION o APPROVAL o DENIAL 9. VEHICLE FOR HIRE 19. FORTUNETELLER 10. ALC-TOB FREE DNCE 20. CARD ROOM ~ CITY COUNCIL ACTION o APPROVAL o DENIAL . - ". r _ I ...... J-l, ~{.. .rl / FT·24-12 MEETING: November 12, 2013 l~ttJ ZVi] If IHJ Ifll11ilJ ITEM NO: 1.9 £\\1f.lIilJJl B.IJJl~t CENTENNIAL TO: Mayor Pro Tern Wells .~ <1f'~~ ':Ii. J)('o ..... '\.OJ'' Councilmembers Ambrose, Kendrick and McClellan 1'porate!\ FROM: Douglas Williford, City Manager SUBJECT: Reinstatement ofthe Director ofFinance Classification RECOMMENDATION: That the City Council approve: (1)the reinstatementofthe Director ofFinance classification, (2) the revised specifications for the classification, and (3) the modified salary for the classification as reflected in City Council Policy A-29. BACKGROUND: With the impending retirement of the incumbent Deputy City ManagerlDirector ofFinance, the City Manager has determined that a standalone Director of Finance position will be sufficient to serve the needs of the organization for the foreseeable future. The proposed class specification is attached. The proposed base salary will range from $123,468 - $150,446 per year and benefits are in accordance with City Council Policy A-29. The proposed changes to City Council Policy A-29 described above are available for review in the Human Resources Department. FISCAL IMPACT: There will be a small budget savings due to the reduced salary range and corresponding reduction in "roll up" costs. PREPARED AND APPROVED BY: l? .....,~ :::> ~( Douglas Williford CITY MANAGER CITY OF EL CAJON DIRECTOR OF FINANCE POSITION DESCRIPTION Function: Under general direction, to plan, develop, organize and direct the treasury, finance, accounting, central collections, purchasing and business license activities of the City; direct the development, preparation and administration ofthe City budget; serve as the primary City authority and advise the City Manager on financial matters; participate as a member of the City's management team in the consideration of general City policies, programs and concerns; and perform related work as required. Representative Duties: L Supervises the disbursement of funds and establishes and maintains controls to ensure that budget appropriations are not exceeded; 2. directs the collection ofCity taxes, assessments, fees, and all other monies received; 3. plans and supervises treasury management program for the investment of cash surpluses; 4. provides support services for any joint powers authority of whichthe City is a member; 5. serves as Treasurer/Controller for the Heartland Fire Training Authority and the Heartland Communications Facility Authority; 6. establishes, reviews and maintains a system of financial procedures, methods, accounts and controls; 7. develops departmental goals and objectives and institutes processesfor their achievement; 8. supervises and directs the planning, organizing and maintenance of accounting systems including pre-audit, internal audit, posting of expenditures and revenues, fiscal and capital improvement budget, payroll, investment programs, assessments, bond administration including issuance, administration, disclosure and related activities; 9. responsible for the preparation of statements and reports on City financial affairs including the Comprehensive Annual Financial Report (CAFR), the State Controller's Report and other reports; directs the preparation of revenue, expenditure, debt, and other statements; 10. prepares and reviews proposed ordinances and resolutions relating to expenditures, revenues, tax levies and other fiscal matters; 11. consults with and advises the City Manager on maintenance of all special assessment records and collection ofspecial levies, including enforcement, collection and auditing; 12. reviews and proposes changes to the City's business licenseand revenue and finance codes; 13. supervises the receipt, deposit, investment and disbursement of all City monies; 14. plans continuous audits of departmental cash handling and maintenance of subsidiary accounting records; City ofEl Cajon Director ofFinance 15. prepares and administers the department operating budget; 16. forecasts anticipated City revenues and expenditures for short and long-term periods; 17. develops long-term financial plans and supporting fiscal policies; 18. represents the department in contacts with other departments and public and private agencies; 19. plans, directs, coordinates and reviews the work of subordinate professional, technical and administrative staff; 20. resolves difficult and sensitive internal and external inquiries and complaints; participates in the resolution ofissues affecting the Finance Department. Contacts and Relationships: The employee deals with a variety of City employees and representatives of other agencies. In most cases, the employee is addressing matters of significant importance to the City. Accountability: Employee is accountable for the efficiency ofdepartment personnel and quality of services under his/her direction. Employee handles major technical and administrative issues that may arise as a result of the department's activities. Innovative ideas for the improvement of services directed are expected. Working Conditions: This job is primarily an indoor office job with a work environment that is both formal and informal, team oriented, having variable tasks, pace and pressure. The job also requires attending evening City Council meetings and off site professional meetings which may be outside the City limits. QUALIFICATIONS GUIDELINES Physical Condition: The employee must possess the physical, mental and emotional ability to perform the essential duties ofthe position without the threat ofhazard to himlher or others. Experience: Extensive, progressively responsible administrative and supervisory experience in management or administration, preferably involving a centralized municipal government finance system. Familiarity with joint powers agreements is desirable. Education: Equivalent to graduation from a four-year college, preferably with a major in Public Administration, Business Administration or related field with an emphasis in Finance. A Master's degree in Public/Business Administration with an emphasis in Municipal Finance and/or a CPA is desirable. Abilities/SkillslKnowledge: 1. Ability to plan, organize, direct and supervise a variety of administrative activities, Page 2 of 3 City ofEl Cajon : Director ofFinance including finance, personnel and information technology; 2. ability to be bonded; 3. ability to develop comprehensive plans to satisfy future needs for departmental services; 4. ability to deal effectively with the general public, the business and nonprofit communities, staff in City departments and public officials, including local, state, county and federal agencies, in coordinating activities and resolving issues; 5. knowledge of the theories, principles and practices of finance administration and management; 6. considerable knowledge of the current trends, laws and court decisions that affect and influence finance-related matters in municipal government; 7. knowledge ofcomputers and pertinent computer programs. Special Requirements: A valid California Class C driver's license, which must be maintained throughout employment in this class, is required at time of appointment, or the ability to arrange necessary and timely transportation for field travel. Employees in this class may be required to use their own vehicle. Bondable to the City requirements at time of employment. The applicant selected will be subject to a thorough background check, including a credit check. Established: 02/81 Revised: 09/94; 06/12 Reviewed by City Manager: 09/94; 05/12 Approved Personnel Commission: 01/26/95 Approved City Council: 02/07/95; 11/12/13 Page 3 of 3 .. ···C"ity··ci~~k··ri·~~;:~t.~~~··l MEETING: Nov. 12, 2013 i Uj r iCE U/· i I~UJ ltI1li~j)l1 If ITEM NO: 1.10 _ A\111II111i1Jgrt TheValleyofopportunity TO: Mayor Pro Tern Wells, Councilmembers Ambrose, Kendrick, McClellan FROM: Morgan L. Foley, City Attorney SUBJECT: SUBSTANDARD CONDITIONS AT 620-640 SOUTH MARSHALL AVE. RECOMMENDATION: That the City Council: • Confirm the assessment of an administrative fee, costs for staff time, and civil penalties accrued to date, and direct staff to assess costs and penalties to date; and • Adopt the next RESOLUTION in order pursuant to the items listed above; and • Direct the City Clerk to record the resolution at such time as the City Manager should determine. BACKGROUND: On August 8, 2013, the City gave notice to the property located at 620-640 South Marshall Avenue (the "Property") ordering the property owner to take certain corrective action to abate the public nuisance. The Public Hearing was continued to the meeting on October 22, 2013 to allow the property owner time to sufficiently abate the nuisance. On October 22,2013, the Council considered public testimony and evidence from the Building Official/Fire Marshal regarding whether the owner had taken action to abate the nuisance. The City Council determined that the property still constituted a nuisance and authorized the assessment of: (1) an administrative fee; (2) civil penalties to begin accruing on October 23, 2013, and to continue to accrue in this matter until the nuisance is abated; and (3) assessment of costs for staff time incurred by the City in this matter. At that time, the City Council was informed that a resolution memorializing this authorization would be brought back to this meeting. Since that time, staff has monitored the condition of the property and has seen little improvement with regard to the violations noted in the Notice and Order to Abate Substandard Conditions, and Notice of Public Nuisance, and Notice of Assessment of Administrative Fees, and Notices of Hearing on Substandard Conditions, dated August 8, 2013. The property is currently littered with excessive amounts of junk, trash, and debris. Inoperable vehicles litter the property, and building code violations have been noted on the buildings. The property owner has not been successful in clearing the property of all violations. The original notice did not include notice to the property owner that the civil penalties and fees assessed could become a lien on the property. Therefore, staffposted a Notice and Order to Abate Substandard Conditions, and Notice of Assessment of Administrative Fee, Civil Penalties, and Costs, dated October 23, 2013, to provide property owner with notice that Council will confirm: (1) an assessment of administrative fee, (2) costs for stafftime incurred through November 12, 2013, and (3) the imposition ofcivil penalties beginning from October 23, 2013. Staff is seeking support for the recommendations listed above in order to bring about resolution to this case. The City Clerk should record this resolution at such time that the City Manager should determine, after consulting with the Chief Building Official. FISCAL IMPACT: Administrative Fee $ 615.00 Staff Time $ 967.65 Subtotal $1,582.65 Civil Penalties* 4 violations @ $100 per violation per day (21) $8,400.00 TOTAL** $9,982.65 * Civil Penalties will continue to accrue until substandard conditions are abated. ** The Total Amount assessed may change to reflect the total accrued Civil Penalties at the time of final resolution, as determined by the City Council. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CAJON, CALIFORNIA, AUTHORIZING THE ASSESSMENT OF ADMINISTRATIVE FEES, COSTS FOR STAFF TIME, AND CIVIL PENALTIES PURSUANT TO THE EL CAJON MUNICIPAL CODE. (620-640 S. Marshall Avenue) (APNs: 487-650-12-00 and 487-650-13-00) WHEREAS, on August 8, 2013, the City posted upon the property located at 620 640 South Marshall Avenue (the "Property") a Notice and Order to Abate Substandard Conditions, and Notice of Public Nuisance, and Notice of Assessment of Administrative Fees, and Notice of Hearing on Substandard Conditions (the "Notice"), ordering the property owner to take certain corrective action to abate the public nuisance; and WHEREAS, the Public Hearing was continued at the direction of the City Manager to the meeting of October 22, 2013, to allow time for the property owner to sufficiently abate the nuisance; and WHEREAS, on October 22, 2013, the City Council considered public testimony and evidence presented by the Building Official/Fire Marshall regarding whether the property owner had taken action to abate the public nuisance and the EI Cajon City Council determined that conditions existed upon the Property that constituted a public nuisance to surrounding properties, and to the public with respect to substandard conditions on the Property in violation of EI Cajon Municipal Code Chapter 15.16, and authorized the assessment of an administrative fee, civil penalties to begin accruing on October 23, 2013, and to continue to accrue in this matter until the nuisance is abated, and assessment of costs for staff time incurred by the City in this matter; and WHEREAS, the Notice did not include notice to the property owner that the civil penalties and fees assessed could become a lien on the Property, and thereafter, on October 23, 2013, the City posted upon the Property a second Notice and Order to Abate Substandard Conditions, and Notice of Assessment of Administrative Fee, Civil Penalties, and Costs, thereby confirming the City Council's authorization of the assessment of administrative fees, civil penalties, and costs incurred in the abatement of the nuisance creating the substandard conditions, and ordering the property owner to take certain corrective action to abate the substandard conditions; and (Continued on Page 2) Page 2 of 3, Resolution No. --- WHEREAS, on November 12, 2013, City Council considered public testimony and evidence presented and found that the property owner has not taken sufficient action to abate the nuisance and that substandard conditions still exist on the property; and thereafter the City Council voted to confirm the assessment of administrative costs of $615.00 and staff time of $967.65 for a total due of $1,582.65, and further to confirm the continued assessment of civil penalties in the amount of $400.00 per day ($100.00 per day for each of the four (4) violations). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS: SECTION 1. In accordance with evidence and testimony presented at the hearing, the City Council hereby finds that: A. The City's Notice and Order to Abate Substandard Conditions, and Notice of Public Nuisance, and Notice of Assessment of Administrative Fees, and Notice of Hearing on Substandard Conditions, posted on the Property on August 8, 2013, and any actions taken by the City to eliminate the public nuisance were appropriate. B. The City's Notice and Order to Abate Substandard Conditions, and Notice of Assessment of Administrative Fee, Civil Penalties, and Costs, posted on the Property on October 23, 2013, and any actions taken by the City to eliminate the public nuisance were appropriate. C. The City properly required abatement of the identified substandard conditions of the Property. The property owner has not abated the nuisance, nor have they provided the City with evidence that the substandard conditions have been eliminated. D. The City properly assessed administrative fees and costs in the amount of $1,582.65. E. Civil penalties at the rate of $100.00 each day for each of the identified four (4) violations were properly assessed against the property, beginning October 23, 2013. SECTION 2. In accordance with the reports presented by the City's Building Official/Fire Marshal, and the evidence presented at the hearing and public meetings of the City Council, the City Council hereby finds as follows: A. The City Council hereby assesses civil penalties in this case accruing from the date of October 23, 2013, and continuing to accrue until the nuisance is abated, in the amount of $100 per violation per day for a total of four (4) violations. (Continued on Page 3) Page 3 of 3, Resolution No. B. The City Council hereby assesses administrative fees in the amount of $1,582.65. SECTION 3. The City Clerk is hereby directed to mail a copy or copies of this Resolution, by first class mail, to the owner(s) of the above-described property as shown in the last equalized assessment roll. SECTION 4. The decision in your matter is final on this date, and by this notice, you have 90 calendar days from the date of the mailing of this notice to seek judicial review of this decision pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6, and EI Cajon Municipal Code Chapter 1.32. 11/12/13 (Item __) MEETING: Nov. 12,2013 lititJ IV WI r;U1l1llJ ITEM NO: __1.11-_ iIII1lJJlllo.l~1t TO: Mayor Pro Tern Wells, CENTENNIAL Councilmembers Ambrose, Kendrick, McClellan ~c 9\."" O~oratel\'¢r ~ FROM: Deputy Director of Public Works SUBJECT: Approval ofPlans and Specifications for Curb Ramps 2014 Project, PW3481, Bid Number 013 -14. RECOMMENDATION: That the City Council adopt the next RESOLUTIONS in order to approve Plans and Specifications for the Curb Ramps 2014 project, PW3481, Bid Number 013-14, and to direct a Notice Inviting Sealed Bids to be opened on December 12,2013. BACKGROUND: This is an on-going program to install thirty-eight new pedestriancurb ramps and retro-fit one (1) existing curb ramp to the latestAmericans with Disabilities Act (ADA) standards at key intersections and other public facilities throughout the City of EI Cajon. Locations are determined by the ADA Transition Plan, Public Works staff, and public requests. Plans and Specifications for the project are available for review at the City Clerk's office. CEQA: The proposed Curb Ramps 2014 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 $110,000. The project is in the adopted 2013/2014 Budget (#550000-9065-PW3481) and is Community Development Block Grant (CDBG) funded. APPROVED BY: ~._<~~ IJ()Ug;Williford CITY MANAGER RESOLUTION NO. -13 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR CURB RAMPS 2014 PROJECT. (Bid No. 013-14, Job No. 3481). WHEREAS, the City Engineer has submitted plans and specifications for Curb Ramps 2014 Project; 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 BYTHE CITYCOUNCIL OF THE CITY OF EL CAJON AS FOLLOWS: 1. That the plans and specifications submitted by the City Engineer for Curb Ramps 2014 Project 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. 11/12/13 (Item 1.11) Curb Ramps 2014 apr RESOLUTION NO. ~ RESOLUTION ORDERING THE WORK AND DIRECTING PUBLICATION OF NOTiCE INVITING BiDS FOR CURB RAMPS 2014 PROJECT. (Bid No. 013-14, Job No. 3481). WHEREAS, plans and specifications have been submitted for Curb Ramps 2014 Project; and WHEREAS, it appears to be in the best interests of the City that said work be ordered to be done. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS: 1. That the City Council does hereby order that the Curb Ramps 2014 Project, be ordered to be done. 2. That Thursday, December 12,2013, 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. 11/12/13 (Item 1.11) Curb Ramps 2014 ntc MEETING: Nov. 12, 2013 ItitJ IfIEIIlglll ITEM NO: __1.12-- AglilufllllDlrl .~v".C~O·~ TheValley ofopportunity TO: Mayor Pro Tem Wells, CENTENNIAL .~ ~ ~. Councilmembers Ambrose, Kendrick, McClellan ~c ~ '\'1'" °l'porate!\> FROM: Deputy Director of Public Works SUBJECT: Amendment to the 2012 Five (5) Year Regional Transportation Improvement Program (RTIP No. 12-12) RECOMMENDATION: That the City Council adopt the next RESOLUTION in order to approve the amendment to the 2012 Five (5) Year RTIP. BACKGROUND: Federal and TransNet (Proposition A)regulations require the City to conduct a public meeting for any amendments to the Five (5) Year RTIP, and obtain approval from SANDAG. The current Five (5) Year 2012 RTIP was formally adopted by City Council on May 22, 2012. The RTIP is a prioritized program designed to implement the region's overall strategy for providing mobility and improving the efficiency and safety of the transportation system. This proposed amendment includes the following change to the existing RTIP programmed list of projects: Close the Traffic Signal Maintenance (traffic signal head re-painting project) (EL23) Transnet account and transfer the remaining balance of$4,796 to the Street Resurfacing project (EL21) account. Over the last three (3) fiscal years, traffic signal heads at 38 intersections were re-painted at a total cost of $74,210. The remaining funds will be used for a future street resurfacing project. FISCAL IMPACT: The proposed transfer of TransNet funds from EL 23 to EL 21 does not impact any current appropriations including the General Fund. APPROVED BY: Michael Grif .ths I-Ghafry/ Douglas Williford DEPUTY DIRECTOR ASSISTANT CITY MANAGER OF PUBLIC WORKS CITY MANAGER RESOLUTION NO. -13 RESOLUTION OF THE CITY OF EL CAJON AMENDING THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2013 THROUGH 2017. WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance); and WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and WHEREAS, the City of EI Cajon was provided with an estimate of annual TransNet local street improvement revenues for fiscal years 2013 through 2017; and WHEREAS, the existing list of TransNet projects within the City of EI Cajon for fiscal years 2013-2017, and the budgeted funding for those projects, require modification due to the need to correspond to the City's five (5) year Capital Improvement Program and the City's approved budget; and WHEREAS, the City of EI Cajon has held a noticed public meeting with an agenda item that clearly identified the proposed list of projects prior to approval of the projects by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy 31; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS: Section 1. That certain City of EI Cajon Program of Projects for Fiscal Years 2013-2017, approved by Resolution No. 68-10, and amended by Resolution Nos. 30-11, 21-12, and 59-13 is hereby amended as reflected in Table 1, 2012 Regional Transportation Improvement Program, Amendment No. 12, attached hereto as Attachment A. Section 2. That pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City of EI Cajon certifies that no more than thirty percent (30%) of its annual revenues shall be spent on maintenance-related projects. Section 3. That pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of EI Cajon certifies that all new projects, or major reconstruction projects, funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the TransNet Extension Ordinance and proposed shall be clearly noticed as part of the City of EI Cajon's public hearing process. (Continued on Page 2) Page 2 of 2, Resolution No. -13 Section 4. That pursuant to Section 8 of the TransNet Extension Ordinance, the City of EI Cajon certifies that the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the five-year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG. Section 5. That pursuant to Section 9A of the TransNet Extension Ordinance, the City of EI Cajon certifies that it will contribute $2,209 in exactions from the private sector (for each newly constructed residential housing unit in the city) to comply with the provisions of the Regional Transportation Congestion Improvement Program (RTCIP). Section 6. That pursuant to Section 13 of the TransNet Extension Ordinance, the City of EI Cajon certifies that it has established a separate Transportation Improvement Account for TransNet revenues with interest earned expended only for those purposes for which the funds were allocated. Section 7. That pursuant to Section 18 of the TransNet Extension Ordinance, the City of EI Cajon certifies that each project of $250,000 or more will be clearly designated during construction with TransNet project funding identification signs. Section 8. That the City of EI Cajon does hereby certify that all other applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy 31 have been met. Section 9. The City of EI Cajon agrees to hold harmless and defend the SANDAG Commission against any challenges related to local TransNet funded projects of the City of EI Cajon. 11/12/13 (Item 1.12) RTIP Amendment to Five Year Plan Nov 12 2013 Table 1 2012 Regional Transportation Improvement Program Amendment No. 12 San Diego Region (in $0005) ExemptCategory:Safety- Pavement reSUrfacing and/orrehabllltation 12113 13114 14115 15116 PE CO , I71BllsNo/, LSI $400 $400 $400 $400 52,4091 I, Ireuetae! - LSI (Cash) $5 $51 I TransNet - LSI Carry Over $150 51,1041 i I TOTAL $1,363 $550 $405 $400 $400 $400 $3,5181 I PROJECT LASTAMENDED 12-00 I TOTAL" PRIOR 12113 13/14 14/15 15/16 16117 PE RW CONI T!BnsNet-LSI 52,409 1 $409 $400 $400 $400 $400 $400 $2,409 i Tral/sNet- LSI Carry Over $1,104 ' $954 $150 51,104 1 TOTAL $3,513 • $1363 $550 $400 $400 $400 $400 $3.513 1 I Ip , traffic signal ma ~ IChange Reason:'" . Complete" "" '" project", ~lntersectionsi)JnaHzatjon 1--'i Capacity... -.-,- ..-Status:NCI.. -. '"._. Exempt Category:Other projects I I Est Total Cost: $140 TOTAL 12/13 13/14 14/15 15/16 16/17 PE RW CO~ I TransNet- L (Cash) $24 $241 ITreustlet. LSI $80 $40 $80 1 T!:~:!3!:?!.. I£~_rry 2.v.~_r ._'~~?~.,_~ $36! I -LS _._..' ....,_..._.._.._.._._..,...... __.. .._.."" __,_",,,,,,,,,__,__,, __,, __ --~"'~'''--'-~~-'~--'-'''''~-~''''~'-''~---~'~"--'-'-~''''~'----~>'>~H'--'i TOTAL $140 $100 $40 $140: PROJECT LAST AMENDED 12-00 TOTAL PRIOR 12/13 13/14 14/15 15/16 16/17 PE HW CONI I TronsNet - L (Cash) $24 $24 $241 TransNet - LSI $80 $40 $40 $801 TrclTlsNet - LSI Carry Over $36 $36 $361 TOTAL $140 $100 $40 $140 I ,. Pending final SANDAG approval Monday. November 4. ;'013 MEETING: Nov. 12,2013 ~alll 1.13 lti . mJ ITEM NO: _ AlII_lIp "v'v~~~ TheValley ofopportunity TO: Mayor Pro Tern Wens, Councilmembers Ambrose, Kendrick, McClellan CENTENNIAL ",t, .sf-'5'» '" '><'0 ~ \C)" 7"Poratea FROM: Deputy Director of Public Works SUBJECT: Consultant Contract to Conduct Municipal Separate Storm Sewer System Outfall Discharge Monitoring and On-Call Services RECOMMENDATION: That the City Council direct the City Manager to execute a multi-year contract for professional services between the City of El Cajon and D-Max Engineering, Inc. with a five (5) year renewal option to cover the duration of the Municipal Permit cycle issued by the San Diego Regional Water Quality Control Board BACKGROUND: In order to comply with the California Regional Water Quality Control Board, San Diego Municipal Order No. R9-2013-0001 (Municipal Permit), the City must conduct Municipal Separate Storm Sewer System (MS4) outfall discharge monitoring. Failure to complete MS4 outfall monitoring is a violation of the Municipal Permit and may subject the City to monetary penalties or other enforcement actions. To complete this requirement, City staff solicited proposals from consulting firms. The City received and evaluated two (2) proposals; and a selection was made in accordance with City Municipal Code Chapter 3.22.040. The criteria included the firm's experience and expertise, ability to meet project deadlines, past performance on similar projects, and the overall quality of the firm's work. D-Max Engineering, Inc. was the top ranked firm. FISCAL IMPACT: The cost of this consulting work is budgeted in the NPDES account 650750-8395 Fiscal Year 2013-2014. Itis anticipated that the work for each year ofthe permit cycle to be less than $50,000. The contract for the first year of the permit cycle will be for the not-to exceed fee of $35,000. PREPARED BY: APPROVED BY: " \)~ D---=--- ??~= 'L/ Dennis Davies Ma ed Al-Ghafry Dou~liif'():f\7 DEPUTY DIRECTOR ASSISTANT CITY MANAGER OF PUBLIC WORKS CITY MANAGER MEETING: 11/12/2013 ITEM NO: 1.14 TheValley ofopportunity TO: Mayor Pro Tern Wells, CENTENNIAL Councilmembers Ambrose, Kendrick, McClellan '1,('0 ~,r ~,>'1;' ~Poratcd FROM: Chief of Police Jim Redman SUBJECT: Donation ofAwning for the S.W.A.T. Metro Vehicle RECOMMENDATION: That the City Council authorize the City Manager or designee to accept the donation of an awning from Doug's Mobile Awnings, valued at $2,500.00, for the S.W.A.T. (Special Weapons and Tactics) Metro vehicle. BACKGROUND: The primary vehicle for the storage and transportation of special weapons and equipment for the El Cajon Police Department S.W.A.T. Team is the "Metro". The Metro is a large mobile command post vehicle that serves as the Tactical Operations Center (TOC)when the S.W.A.T. team is deployed. It is also used for public relations functions such as static displays and demonstrations at many City events. The Metro features a drop down table top and audio/video equipment, with a large area on the side of the vehicle to display white boards, maps, and other mission-critical information and diagrams. To protect this operational area from the elements, the driver's side ofthe Metro has a cloth awning that rolls out on support struts, similar to those on a large motorhome. The current awning is manually operated. To deploy the current awning, two or more personnel manually unroll it using poles and support struts. This process is time-consuming and cumbersome, and the existing awning blocks part of the TOC work area. . Doug's Mobile Awnings is a family-owned mobile awning installation company located in El Cajon. After observing the Metro at a City event, they offered to donate and install a custom automatic awning, which can be electronically deployed by one person in seconds with the push of a button. This will save stafftime and the new struts will not impede the TOC work area. FISCAL IMPACT: The donation from Doug's Mobile Awnings is valued at $2,500. PREPARED~ APPROVED BY: L / Jim Rednia.rf CHIEF OF POLICE CITY MANAGER MEETING: 11/12/2013 ITEM NO: 1.15 • -b r :::::.I TO: Mayor Pro Tern Wells, Councilmembers Ambrose, Kendrick, McClellan FROM: Chief of Police Jim Redman SUBJECT: Organized Crime Drug Enforcement Task Forces (OCDETF) Grant RECOMMENDATION: That the City Council takes the following action: 1. Authorize the City Manager or designee to accept the OCDETF Grant in the total amount of $10,000 and to execute any documents and agreements necessary for the receipt and use ofthese funds. 2. Appropriate $10,000 for the OCDETF Grant to enable overtime and authorized expense reimbursement for participation in the strategic initiative program. BACKGROUND: The Organized Crime Drug Enforcement Task Forces (OCDETF) Program was established in 1982 to mount a comprehensive attack against organized drug traffickers. Today, the OCDETF Program is the centerpiece ofthe United States Attomey General's drug strategy to reduce the availability ofdrugs by disrupting and dismantling major drug trafficking organizations and money laundering organizations and related criminal enterprises. The Program operates nationwide and combines the resources and unique expertise ofnumerous federal agencies in a coordinated attack against major drug trafficking and money laundering organizations. The participants involved include the 94 U.S. Attomeys' Offices, the Bureau ofAlcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Federal Bureau ofInvestigation, the Intemal Revenue Service, the U.S. Coast Guard, the U.S. Immigration and Customs Enforcement, the U.S. Marshals Service, the Criminal and Tax Divisions ofthe U.S. Department ofJustice and numerous State and local agencies. The City of El Cajon has been allocated $10,000 to fund overtime operations to participate in OCDETF investigations or strategic initiatives with a nexus to the City ofEl Cajon. FISCAL IMPACT: The City ofEl Cajon is eligible to receive an allocation ofthe OCDETF Grant funding as indicated below: Budcet Activitv No. 225900-PD052 FY2013-2014 Expenditure Cateqorv Account Appropriation Overtime 7120 $10,000.00 Total $10,000.00 APPROVED BY: ,~ L ~-,.. ~ JimRedma c/ Douglas Williford CHIEF OF POLICE CITY MANAGER MEETING: Nov. 12,2013 ITEM NO: 3.1-A - 3.1-1 Thevalley ofOpportunity TO: Mayor Pro Tern Wells, Councilmembers Ambrose, Kendrick, McClellan FROM: Building Official/Fire Marshal SUBJECT: Public hearing and adoption of Ordinances prohibiting the use of fireworks within the City, and adopting by reference the California Building Code 2013 Edition, the California Electrical Code 2013 Edition, the California Mechanical Code 2013 Edition, the California Plumbing Code 2013 Edition, the California Residential Code 2013 Edition, the California Fire Code 2013 Edition (including two minor changes as outlined in the attached pages), the California Green Building Standards Code 2013 Edition, and the California Existing Building Code 2013 Edition. RECOMMENDATION: That the City Council; • Review and approve the two minor changes made to the previously introduced California Fire Code 2013 Edition as indicated on the attached pages, and, • Conduct separate, sequential, public hearings and thereafter approve or deny, by separate votes, the following ordinances: 3.1-A - An ordinance prohibiting the use offireworks within the City. 3.1-B - An ordinance adopting by reference the California Building Code 2013 Edition. 3.1-C - An ordinance adopting by reference the California Electrical Code 2013 Edition. 3.1-D - An ordinance adopting by reference the California Mechanical Code 2013 Edition. 3.1-E - An ordinance adopting by reference the California Plumbing Code 2013 Edition. 3.1-F - An ordinance adopting by reference the California Residential Code 2013 Edition. 3.1-G - An ordinance adopting by reference the California Fire Code 2013 Edition. 3.1-H - An ordinance adopting by reference the California Green Building Standards Code 2013 Edition 3.1-1 - An ordinance adopting by reference the California Existing Building Code 2013 Edition. City Council Agenda Report Code Adoption - 2013 California Codes Nov. 12, 2013 Agenda • Open the Public Hearing and receive testimony; • Close the Public Hearing; • lVIOTION to adopt Ordinances 3.1-A through 3.1-1; and • Request the City Clerk to recite the titles of the ordinances for the second reading. BACKGROUND: At the City Council meeting of October 8, 2013, the ordinances listed above were introduced and set for Public Hearing. Subsequently, two minor changes were made to the ordinance adopting the California Fire Code, 2013 edition, as outlined in the attached pages. Adoption of the California Building Standards is a routine process of implementation of the codes promulgated by the California Building Standards Commission. Typically, the adoption process is repeated on a triennial cycle with new and updated codes and regulations. In July of 2013, the California Building Standards Commission published the new California Building Standards with an implementation date at the local level of January 1, 2014. Adoption of the new codes will allow the residents of El Cajon to have the most highly developed and up-to-date codes available for their use. Also introduced was a new ordinance prohibiting the use offireworks within the City of El Cajon, excepting municipal fireworks and theatrical fireworks by a licensed pyrotechnic operator. The County of San Diego currently prohibits the use of fireworks, and this prohibition generally includes the City of El Cajon as a part of San Diego County. However, including this prohibition within the City's own ordinance, will allow staff to utilize enforcement remedies that exist in the current code. FISCAL IMPACT: None. Implementation of new building codes will be handled by existing budgeted Building and Fire Safety Division staff. PREPA~ED/:&r: i/) ./1'/ /~I'/j t!rJ~_ t t Dan Pavao Building Official/Fire Marshal APPROVED BY: ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 15.56 OF TITLE 15 OF THE EL CAJON MUNICIPAL CODE; ADOPTING THE CALIFORNIA FIRE CODE, 2013 EDITION, AS AMENDED, BY REFERENCE; AND ADOPTING A NEW CHAPTER 15.56 TO TITLE 15 OF THE EL CAJON MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF EL CAJON DOES ORDAIN AS FOLLOWS: SECTION 1: The purpose of this ordinance is to establish the minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, and of the owners and occupants of residential buildings in the City of EI Cajon, and maintenance of all buildings and structures within the City, and incidental matters relating thereto through the adoption of the California Fire Code, 2013 Edition, with such modifications as set forth in Chapter 15.56 of the EI Cajon Municipal Code. SECTION 2: Pursuant to Health and Safety Code Sections 17958.5 and 17958.7, the City Council makes the following finding: Local climatic, geographical and topographical conditions, specifically the terrain, rate of population growth, housing and occupancy conditions and needs, and the environment existing in the City of EI Cajon constitute conditions which require that the California Fire Code be modified as set forth herein. SECTION 3: Chapter 15.56 of Title 15 of the EI Cajon Municipal Code is hereby repealed in its entirety. SECTION 4: A new Chapter 15.56 is hereby added to Title 15 of the EI Cajon Municipal Code to read as follows: Chapter 15.56 CALIFORNIA FIRE CODE 15.56.010. California Fire Code, 2013 Edition-Adopted by reference. The California Fire Code, 2013 Edition, including Appendix Chapters 4, B, BB, C, ce, D, H, and K as adopted by the state of California, is adopted by reference as the fire code of the city (the "fire code"), for protecting the interests of health, life, and safety as they relate to the use or occupancy of buildings or premises. All of the regulations, provisions, penalties, conditions and terms of the California Fire Code, 2013 Edition, are referred to, adopted and made a part of this chapter as though fully set out in this chapter, excepting such portions as are added, deleted, modified or amended by this chapter. The California Fire Code is referred to in this chapter as the "CFC," and one copy is on file in the office of the city clerk. (continued on page 2) Page 3 of 14, Ordinance No._ 15.56.060. Section 108 amended-Board of Appeals. Section 108 of the CFC is amended to read as follows: Board of Appeals. Appeals to the decisions or determinations made by the building official/fire marshal, or fire code official relative to the application and interpretation of the fire code adopted by the City, shall be heard in accordance with the board of appeals procedure as outlined in the California Building Code as amended by Chapter 15.04 of the EI Cajon Municipal Code. 15.56.070. Section 202 amended-Definitions. Section 202 of the CFC is amended by adding the following definitions: Accessory Structure is a building or structure used to shelter or support any material, equipment, chattel, or occupancy other than a habitable building. (A) (See Structure.) Combustible Vegetation is material that in its natural state will readily ignite, burn and transmit fire from the vegetative growth to any structure; this includes ground fuels which are any native or landscape vegetation not considered a tree and generally in contact with the ground. Discretionary Project means a project, which requires the exercise of judgment or deliberation when the public agency or body decides to approve or disapprove a particular activity, as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. Fire Authority Having Jurisdiction (FAHJ) is the designated entity providing enforcement of fire regulations as they relate to planning, construction, and development. This entity may also provide fire suppression and other emergency services. Fire Department is any regularly organized fire department, fire protection district, a legally formed volunteer fire department recorded with the County of San Diego, or fire company regularly charged with the responsibility of providinq fire protection to thejurisdiction. Fire Hazard is anything that increases or could create an increase of the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or anything or act which could obstruct, delay, hinder or interfere with the operations of the fire department or egress of occupants in the event of fire. (continued on page 4) 3.1-A New Chapter 8.44 Prohibiting Fireworks 3.1-A ORDINANCE NO. _ AN ORDINANCE ADOPTING A NEW CHAPTER 8.44 TO TITLE 8 OF THE EL CAJON MUNICIPAL CODE PROHIBITING FIREWORKS IN THE CITY OF EL CAJON THE CITY COUNCIL OF THE CITY OF EL C~,JON DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 8.44 is hereby added to Title 8 of the EI Cajon Municipal Code to read as follows: Chapter 8.44. FIREWORKS PROHIBITED. 8.44.010. Purpose. The purpose of this Chapter is to establish regulations for public safety regarding the use, possession, storage, transport, distribution, delivery; sale, or display of fireworks. No part of this chapter shall be deemed to permit any activity in violation of state or federal regulations relating to fireworks. 8.44.020. Definitions. The following definitions shall apply to this chapter: (a) "Fireworks" has the same meaning as the term "fireworks" in Health and Safety Code section 12511. The term "fireworks" includes, but is not limited to, devices designated by the manufacturer as fireworks; blank cartridges; toy pistols; toy cannons; toy canes or toy guns in which explosives are used; firecrackers; torpedoes; sky rockets; Roman candles; rockets; daygo bombs; sparklers; snap caps; party poppers; paper caps; chasers; fountains; smoke sparks; aerial bombs; and fireworks kits. "Fireworks" does not include auto flares, paper caps that do not contain in excess of an average of twenty-five hundredths of a grain of explosive content per cap and toy pistols, toy canes, toy guns or other devices for use of these caps. (b) "Fireworks kit" has the same meaning as the term "fireworks kit" in Health and Safety Code section 12512 and means any assembly of materials or explosive substances, which is designed and intended by the seller to be assembled by the person receiving the material or explosive substance and when assembled, comes within the definition of "fireworks," above. (c) "Sell" means to sell, offer to sell, solicitthe sale of, take orders for, give away, offer to give away, distribute or deliver. (Continued on Page 2) Page 2 of 2, Ordinance No. _ 8.44.030. Fireworks prohibited. It shall be unlawful for any person to use, posses, store, transport, distribute, deliver, sale, or display fireworks except for supervised public displays of fireworks by or for a municipal agency, or permitted theatrical performances by a state licensed pyrotechnic operator. 8.44.040. Seizure of illegal fireworks. City of EI Cajon Police, City of EI Cajon Fire Department and the San Diego Sheriff's members shall seize, take, remove or cause to be removed at the expense of the owner, all fireworks being manufactured, offered for sale, possessed or being discharged in violation of this chapter. 8.44.050. Public nuisance. A violation of any provisions of this chapter is deemed to be a public nuisance and may be abated in accordance with Chapter 1.16 of this code. 8.44.060. Violation-Penalty. It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, remove, improve, convert or demolish, equip, use, occupy, or maintain any building or structure, or cause the same to be done, contrary to or in violation of the provisions of this chapter. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and subject to the provisions of the general penalty clause as set forth in Section 1.24.010 of this code, or any other penalty adopted by the City. SECTION 2: This ordinance shall be effective thirty days following its passage and adoption. 2013 New 8.44 - Fireworks Prohibited 100313 First Reading - 10/08/13 (Item No. 13.1 #A) Second Reading - 11/12/13 (Item No. 3.1 #A) 3.1-B Chapter 15.04 California Building Code 3~1 ... B ORDINANCE NO. ---- AN ORDINANCE REPEALING CHAPTER 15.04 OF TITLE 15 OF THEEL CAJON MUNICIPAL CODE; ADOPTING THE CALIFORNIA BUILDING CODE, 2013 EDITION, AS AMENDED, BY REFERENCE; AND ADOPTING A NEW CHAPTER 15.04 TO TITLE 15 OF THE EL CAJON MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF EL CAJON DOES ORDAIN AS FOLLOWS: SECTION 1: The purpose of this ordinance is to establish the minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, and of the owners and occupants of residential buildings in the City of EI Cajon, and maintenance of all buildings and structures within the City, and incidental matters relating thereto through the adoption of the California Building Code, 2013 Edition, with such modifications as set forth in Chapter 15.04 of the EI Cajon Municipal Code. SECTION 2: Pursuant to Health and Safety Code Sections 17958.5 and 17958.7, the City Council makes the following finding: Local climatic, geographical and topographical conditions, specifically the terrain, excessively high temperatures during summer months, and parts of the spring and autumn months, rate of population growth, housing and occupancy conditions and needs, and the environment existing in the City of EI Cajon constitute conditions which require that the California Building Code be modified as set forth herein. SECTION 3: Chapter 15.04 of Title 15 of the EI Cajon Municipal Code is hereby repealed in its entirety. SECTION 4: A new Chapter 15.04 is hereby added to Title 15 of the EI Cajon Municipal Code to read as follows: Chapter 15.04. CALIFORNIA BUILDING CODE 15.04.010. California Building Code, 2013 Edition-Adopted by reference. The California Building Code, 2013 Edition, composed of two volumes, excluding sections 103, 116, and sections 3109.1 through 3109.4.3, as adopted by the state of California, is adopted by reference as the building code of the city (the "building code"), for regulating the construction, erection, enlargement, repair, removal, demolition, occupancy, equipment, use, height, area and maintenance of all non-residential buildings and structures in the city, providing for the issuance of permits therefore, and (continued on page 2) Page 2 of 7, Ordinance No. _ each and all such regulations, provisions, penalties, conditions and terms of the California Building Code, 2013 Edition, are referred to, adopted and made a part of this chapter as though fully set out in this chapter, excepting such portions as are added, deleted, modified or amended by this chapter. The California Building Code is referred to in this chapter as the "CBC," and one copy is on file in the office of the city clerk. 15.04.020. Requirements generally. A. All materials and assemblies of materials, appliances and installation of appliances, arrangements of occupancies, and segregation of occupancies, all exits, aisles, stairs, doors and appurtenances thereto in buildings or structures in the City shall be so arranged, assembled and of such size and so protected as to be reasonably free from hazards related to fire, seismic activity, obstructed exiting, and health hazards. B. The quality of all materials, method of connecting or assembling such materials, stresses allowed, and live and dead loads assumed in the design and construction of all buildings or structures in the City, shall be in accord with nationally recognized standards of quality and with generally recognized and well-established methods of structural design and construction. 15.04.030. Permits-Fee collection. The following permits and tax receipts shall be issued by the Building and Fire Safety Division, and the fees therefor shall be collected by the finance department: A. Building permits; B. Electrical permits; C. Plumbing permits; D. Mechanical permits; E. Housing permits; F. Compliance permits; G. Demolition permits; H. Relocation permits; I. Fire permits; J. Vapor recovery permits; K. Dwelling unit construction license tax; L. Strong motion instrumentation tax; M. Mobile home permits; N. Mobile home park annual operating permits; O. Sewer connection permits; P. Fire alarm permits; Q. Permit history survey; and R. Any other permits or receipts as assigned to the Building and Fire Safety Division. (continued on page 3) Page 3 of 7, Ordinance No. _ 15.04.040. Section 105.2 amended-Work exempt from permits. A. Item 1 of Section 105.2 of the CSC is amended to read as follows: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does 2 not exceed one hundred twenty (120) square feet (11.2m ) and when erected as accessory to an R-3 occupancy on the same property. The structure shall be at least six (6) feet from any other building on the property, maintain setbacks from property lines as outlined in the zoning ordinance, and not exceed lot coverage limitations as specified by the zoning ordinance. S. A new item 14 is added to Section 105.2 of the CSC to read as follows: 14. Satellite dishes three feet in diameter or less when utilizing only low voltage wiring. C. A new Section 105.2.4 is added to the CSC to read as follows: 105.2.4 Separate permits required. Unless otherwise exempted, separate plumbing, electrical, and mechanical permits will be required for the above-exempted items. D. A new Section 105.2.5 is added to the CSC to read as follows: 105.2.5 Compliance with code. Exemption from the permit require ments of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. 15.04.050. Section 105.5 amended-Expiration. Section 105.5 of the CSC is amended to read as follows: 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within one hundred eighty (180) days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of one hundred eighty (180) days after the time the work is commenced. The maximum life of any permit is three (3) years. If a final inspection is not obtained within the three-year time period the permit will become invalid and a new permit will be required. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than one hundred eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated. If code violations exist (continued on page 4) Page 4 of 7, Ordinance No. _ relating to the bUilding or work authorized by the permit, the building official may establish a permit expiration date of less than one hundred eighty (180) days. 15.04.060. Section 109.2 amended-Schedule of permit fees. Section 109.2 of the CSC is amended to read as follows: 109.2 Schedule of permit fees. The permit fees for all Building and Fire Safety Division transactions of the city of EI Cajon shall be set by the city council by resolution, and may be amended from time to time, to be listed in the City of EI Cajon Schedule of Miscellaneous Fees. 15.04.070. Section 113.1 amended, Section 113.3 deleted-Board of Appeals. A. Section 113.1 of the CSC is amended to read as follows: 113.1 General. In order to hear and decide appeals of order, decisions, or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created an appeals board and housing appeals board. The appeals board and housing appeals board shall be appointed by the local governing body, or comprised of the local governing body, and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. S. Section 113.3 deleted-Qualifications. 15.04.080. Section 501.2 amended-Address identification. Section 501.2 of the CSC is amended to read as follows: 501.2 Address Identification. Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following standards as to size: minimum three inches (3") high with a one-half inch (%") stroke for individual suites and apartments, minimum four inches (4") high with a one-half inch (%") stroke for residential buildings, minimum eight inches (8") high with a one-half inch (%") stroke for commercial, multi-residential buildings, and industrial buildings. Additional numbers shall be required where deemed necessary by the building official or fire code official, such as rear access doors, building corners, and entrances to commercial centers. The building official or fire code official may require larger address numbers based on visibility and the needs of emergency response personnel. (continued on page 5) Page 5 of 7, Ordinance No. _ 15.04.090. Section 903.2 amended-Where required. Section 903.2 of the CSC is amended to read as follows: 903.2 Where required. Approved automatic fire sprinkler systems are required in all new structures and in locations described in Sections 903.2.1 through 903.2.12. Fire barriers, partitions and walls, regardless of rating, shall not be considered as creating separate buildings for purposes of determining fire sprinkler requirements. Mezzanines shall be included in the total square footage calculation. For additions, an automatic sprinkler system installed in accordance Section 903.2 may be required to be installed throughout structures when the addition is more than fifty percent (50%) of the existing building or when the altered building will exceed a fire flow as calculated per Section 507.3. The building official or fire code official may require an automatic sprinkler system be installed in buildings where no water main exists to provide the required fire flow or where a special hazard exists such as: poor access roads, grade and canyon rims, hazardous brush and response times greater than five (5) minutes by a fire department. When fire sprinklers are required under additions, this shall mean the entire structure or structures shall be equipped with fire sprinklers. The building official or fire code official may require that other protective measures be taken based on existing conditions and/or potential hazards. Exception: Unless required by other sections of this code, non-residential occupancies not greater than one thousand (1,000) square feet which are of ignition-resistant construction or as determined by the building official or fire code official to not present a significant fire hazard. Agricultural buildings constructed of wood or metal frames, over which fabric or similar material is stretched, which are specifically used as green houses are exempt from the automatic sprinkler requirements unless physically connected to other structures. 15.04.100. Section 1505.1 of Chapter 15 amended-General. Section 1505.1 of the CSC is amended to read as follows: 1505.1 General. Roof assemblies shall be divided into the classes defined below. Class A, B, and C roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. The minimum roof coverings installed on buildings shall comply with table 1505.1 based on the type of construction of the building. Wood shake and shingle roofs are not permitted except for minor repairs no larger than one (1) roofing square in area. (continued on page 6) Page 6 of 7, Ordinance No. _ 15.04.110. Section 1511.1 amended-Solar photovoltaic panels/modules Section 1511.1 of the CBC is amended to read as follows: 1511.1 Solar Photovoltaic panels/modules. Solar photovoltaic panels/modules installed upon a roof or as an integral part of a roof assembly shall comply with the requirements of this code (see section 3411) and the California Fire Code as amended. 15.04.120. Section 3202.5 added -Special Provisions for SP 182. Section 3202.5 of the CBC is added to read as follows: 3202.5 Special Provisions for SP 182. No part of any structure or any appendage thereto, except signs, shall project beyond the property line of the building site, except as specific in this chapter. Structures or appendages regulated by this code shall be constructed of materials as specified in Section 705. The projection of a structure or appendage shall be the distance measured horizontally from the property line to the outermost point of the projection. Nothing in this code shall prohibit the construction and use of a structure between buildings and over or under a public way, provided the structure complies with all requirements of this code. Nothing in this code shall prohibit the construction and use of a structure over a public way, provided that the structure is located in the area known as special development area No.9, regulated by Specific Plan 182, and is located on Main Street between Ballantyne Street/Avocado Avenue on the east and Chambers Street on the west, and further, where the structure constructed over a public way is the second story of the structure, extends not more than twelve (12) feet, maintains a minimum eight-foot headroom clearance over the public way, except for support elements, which may bear and reside on public property; further provided that the overhanging portion of the structure shall (1) incorporate sprinkler protection of the public way and be in accordance with the provisions of Chapter 9 of this code and the applicable sections of NFPA 13, and (2) incorporate engineering standards consistent with the provisions for essential services as categorized by Section 1604A.5 and Table 1604A.5 of this code; further, provided that any such structure constructed over a public way (continued on page 7) Page 7 of 7, Ordinance No. _ is first approved by way of conditional use permit granted by the city council of the city of EI Cajon, and meets all other requirements under the EI Cajon Municipal Code, including this code. No provisions of this chapter shall be construed to permit the violation of other laws or ordinances regulating the use and occupancy of public property. 15.04.130. Section 3302 amended-Construction safeguards and dust control. A. Section 3302 of the CBC is re-titled Construction Safeguards and Dust Control. B. Section 3302 of the CBC is amended by adding Section 3302.4 to read as follows: 3302.4 Dust control. Dust shall be controlled on construction sites by approved methods so as to protect the health, safety, and welfare of the public. 15.04.140. Public nuisance. A violation of any provision of the California Building Code as adopted and amended by this chapter is deemed to be a public nuisance and may be abated in accordance with Chapter 1.16 of the EI Cajon Municipal Code. 15.04.150. Violation-Penalty. It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, remove, improve, convert or demolish, equip, use, occupy, or maintain any building or structure, or cause the same to be done, contrary to or in violation of the provisions of this chapter. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and subject to the provisions of the general penalty clause as set forth in Section 1.24.010 of this code, or any other penalty adopted by the City. SECTION 5: This ordinance shall be effective thirty days following its passage and adoption. 2013 California Building Code (15.04) 100313 First Reading - 10/08/13 (Item No. 13.1 #B) Second Reading - 11/12/13 (Item No. 3.1 #B) 3.1-C Chapter 15.20 California Electrical Code ORDINANCE NO. ---- AN ORDINANCE REPEALING SECTIONS 15.20.010 AND 15.20.080 OF CHAPTER 15.20 OF TITLE 15 OF THE EL CAJON MUNICIPAL CODE; ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2013 EDITION, AS AMENDED, BY REFERENCE; AND ADDING NEVV SECTIONS 15.20.010 AND 15.20.080 TO CHAPTER 15.20 OF TITLE 15 OF THE EL CAJON MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF EL CAJON DOES ORDAIN AS FOLLOWS: SECTION 1: The purpose of this ordinance is to establish the minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, and of the owners and occupants of residential buildings in the City of EI Cajon, and maintenance of all buildings and structures within the City, and incidental matters relating thereto through the adoption of the California Electrical Code, 2013 Edition, with such modifications as set forth in Chapter 15.20 of the EI Cajon Municipal Code. SECTION 2: Pursuant to Health and Safety Code Sections 17958.5 and 17958.7, the City Council makes the following finding: Local climatic, geographical and topographical conditions, specifically the terrain, rate of population growth, housing and occupancy conditions and needs, and the environment existing in the City of EI Cajon constitute conditions which require that the California Electrical Code be modified as set forth herein. SECTION 3: Sections 15.20.010 and 15.20.080 of Chapter 15.20 of Title 15 of the EI Cajon Municipal Code are hereby repealed. SECTION 4: New Sections 15.20.010 and 15.20.080 of Chapter 15.20 are hereby added to Title 15 of the EI Cajon Municipal Code to read as follows: Chapter 15.20. CALIFORNIA ELECTRICAL CODE 15.20.010. California Electrical Code, 2013 Edition-Adopted by reference. The California Electrical Code, 2013 Edition, as adopted by the state of California, is adopted as the electrical code of the city (the "electrical code"), except as hereinafter modified, amended, repealed or deleted, and is by this reference made a part hereof as though fully set out herein. (continued on Page 2) Page 2 of 2, Ordinance No. _ The requirements of the electrical code shall apply to all residential, commercial and industrial electrical installations. All electrical installations that are under the jurisdiction of the California Division of Industrial Safety shall also comply with the requirements of the electrical safety orders of the Department of Industrial Relations of the state of California. 15.20.080. Schedule of Fees. The permit fees for all Building and Fire Safety Division transactions of the city of EI Cajon shall be set by the city council by resolution, and may be amended from time to time, to be listed in the City of EI Cajon Schedule of Miscellaneous Fees. SECTION 5: This ordinance shall be effective thirty days following its passage and adoption. 2013 California Electrical Code (15.20) 100313 First Reading -10/08/13 (Item No. 13.1 #C) Second Reading - 11/12/13 (Item No. 3.1 #C) 3.1-D Chapter 15.48 California Mechanical Code 3.1 .. 0 ORDINANCE NO. ---- AN ORDINANCE REPEALING CHAPTER 15.48 OF TiTLE 15 OF THE EL CAJON MUNICIPAL CODE; ADOPTING THE CALIFORNIA MECHANICAL CODE, 2013 EDITION, AS AMENDED, BY REFERENCE; AND ADOPTING A NEW CHAPTER 15.48 TO TITLE 15 OF THE EL CAJON MUNICIPAL CODE THE CITY COUNCil OF THE CITY OF EL CAJON DOES ORDAIN AS FOLLOWS: SECTION 1: The purpose of this ordinance is to establish the minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, and of the owners and occupants of residential buildings in the City of EI Cajon, and maintenance of all buildings and structures within the City, and incidental matters relating thereto through the adoption of the California Mechanical Code, 2013 Edition, with such modifications as set forth in Chapter 15.48 of the EI Cajon Municipal Code. SECTION 2: Pursuant to Health and Safety Code Sections 17958.5 and 17958.7, the City Council makes the following finding: Local climatic, geographical and topographical conditions, specifically the terrain, rate of population growth, housing and occupancy conditions and needs, and the environment existing in the City of EI Cajon constitute conditions which require that the California Mechanical Code be modified as set forth herein. SECTION 3: Chapter 15.48 of Title 15 of the EI Cajon Municipal Code is hereby repealed in its entirety. SECTION 4: A new Chapter 15.48 is hereby added to Title 15 of the EI Cajon Municipal Code to read as follows: Chapter 15.48. CALIFORNIA MECHANICAL CODE 15.48.010. California Mechanical Code, 2013 Edition-Adopted by reference. The California Mechanical Code, 2013 Edition, including Appendix Chapters B, C, and 0, as adopted by the state of California as the mechanical code of the city (the "mechanical code"), regulating the complete installation and maintenance of heating, ventilating, comfort cooling and refrigeration systems in the city, and providing for the issuance of permits and collection of fees therefor. Each and all of such regulations, provisions, penalties, conditions and terms of the California Mechanical Code, 2013 Edition, are referred to, adopted, and made a part of this chapter as though fully set forth in this chapter, excepting such portions as are deleted, modified, added or amended (continued on Page 2) Page 2 of 3, Ordinance No. _ by this chapter. The mechanical code is hereinafter referred to as the "CMC," and one copy is on file in the office of the city clerk. 15.48.020. Interpretation. The language used in this chapter and in the California Mechanical Code is intended to convey the common and accepted meaning familiar to the construction industry. The building official is authorized to determine the intent and meanings of any provisions of this code. 15.48.030. Liability unaffected by chapter. The CMC shall not be construed to relieve from or lessen the responsibility of any party owning, operating, controlling or installing any plumbing, piping, fixtures, appliances or materials for damage to persons or property caused by any defect therein, nor shall the city or any officer or employee thereof enforcing this code be held as assuming any such liability by reason of the inspections authorized herein in accordance with the provisions of this chapter. 15.48.040. Division II, Section 108 amended-Board of Appeals. Division II Section 108.1 of the CMC is amended to read as follows: 108.1 Board of Appeals. Appeals to the decisions or determinations made by the building official relative to the application and interpretation of the mechanical code as adopted by the city, shall be heard in accordance with the board of appeals procedure as outlined in the California Building Code as amended by Chapter 15.04 of the EICajon Municipal Code. 15.48.050. Section 114.1 amended, Section 114.2 deleted-Schedule of Fees Section 114.1 of the CMC is amended to read as follows: 114.1 Schedule of Fees. The permit fees for all Building and Fire Safety Division transactions of the city of EI Cajon shall be set by the city council by resolution, and may be amended from time to time, to be listed in the City of EI Cajon Schedule of Miscellaneous Fees. Section 114.2 of the CMC is deleted. (continued on Page 3) Page 3 of 3, Ordinance No. _ 15.48.060. Section 114.3 amended-Plan Review Fees The second and third paragraphs of Section 114.3 of the CMC are amended to read as follows: The plan review fees specified in this subsection are separate fees from permit fees specified in the City of EI Cajon Schedule of Misceilaneous Fees and are in addition to permit fees. When plans are incomplete or changed so as to require additional review, a fee shall be charged at the rate as specified on the city's fee schedule. 15.48.070. Public nuisance. A violation of any provision of the California Mechanical Code as adopted and amended by this chapter is deemed to be a public nuisance and may be abated in accordance with Chapter 1.16 of the EI Cajon Municipal Code. 15.48.080. Violation-Penalty. Any person, firm or corporation violating any of the provisions of this chapter shall be subject to the provisions of the general penalty clause as set forth in Section 1.24.010 of this code, or any other penalty adopted by the city. SECTION 5: This ordinance shall be effective thirty days following its passage and adoption. 2013 California Mechanical Code 100313 First Reaping - 10/08/13 (Item No. 13.1 #D) Second Reading - 11/12/13 (Item No. 3.1 #D) 3.1-E Chapter 15.52 California Plumbing Code ORDINANCE NO. --- AN ORDINANCE REPEALING CHAPTER 15.52 OF TITLE 15 OF THE EL CAJON MUNICIPAL CODE; ADOPTING THE CALIFORNIA PLUMBING CODE, 2013 EDITION, AS AMENDED, BY REFERENCE; AND ADOPTING A NEW CHAPTER 15.52 TO TITLE 15 OF THE EL CAJON MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF EL CAJON DOES ORDAIN AS FOLLOWS: SECTION 1: The purpose of this ordinance is to establish the rrnrurnurn requirements for the protection of life, limb, health, property, safety and welfare of the general public, and of the owners and occupants of residential buildings in the City of EI Cajon, and maintenance of all buildings and structures within the City, and incidental matters relating thereto through the adoption of the California Plumbing Code, 2013 Edition, with such modifications as set forth in Chapter 15.52 of the EI Cajon Municipal Code. SECTION 2: Pursuant to Health and Safety Code Sections 17958.5 and 17958.7, the City Council makes the following finding: Local climatic, geographical and topographical conditions, specifically the terrain, rate of population growth, housing and occupancy conditions and needs, and the environment existing in the City of EI Cajon constitute conditions which require that the California Plumbing Code be modified as set forth herein. SECTION 3: Chapter 15.52 of Title 15 of the EI Cajon Municipal Code is hereby repealed in its entirety. SECTION 4: A new Chapter 15.52 is hereby added to Title 15 of the EI Cajon Municipal Code to read as follows: Chapter 15.52. CALIFORNIA PLUMBING CODE 15.52.010. California Plumbing Code, 2013 Edition-Adopted by reference. The California Plumbing Code, 2013 Edition, including Appendix A and Appendix B, as adopted by the state of California, is adopted as the plumbing code of the city (the "plumbing code"), establishing requirements, rules and standards for plumbing installations and materials, providing for the issuance of permits and the collection of fees. Each and all of such regulations, provisions, penalties, conditions and terms of the California Plumbing Code, 2013 Edition, are referred to, adopted, and made a part of this chapter as though fully set forth in this chapter, excepting such portions as are deleted, modified, added or amended by this chapter. The plumbing code is referred to in this chapter as the "CPC," and one copy is on file in the office of the city clerk. (continued on Page 2) Page 2 of 3, Ordinance No. _ 15.52.020. Interpretation. The language used in this chapter and in the California Plumbing Code is intended to convey the common and accepted meaning familiar to the plumbing industry. The building official is authorized to determine the intent and meanings of any provisions of this code. 15.52.030. Liability unaffected by chapter. This chapter shall not be construed to relieve from or lessen the responsibility of any party owning, operating, controlling or installing any plumbing, piping, fixtures, appliances or materials for damage to persons or property caused by any defect therein, nor shall the city or any officer or employee thereof enforcing the plumbing code be held as assuming any such liability by reason of the inspections authorized in this chapter in accordance with the provisions of this chapter. 15.52.040. Division II, Section 102.3 amended - Board of Appeals. Section 102.3 of the epc is amended to read as follows: 102.3 Board of Appeals. Appeals to the decisions or determinations made by the building official relative to the application and interpretation of the plumbing code adopted by the city, shall be heard in accordance with the board of appeals procedure as outlined in the California Building Code as amended by Chapter 15.04 of the EI Cajon Municipal Code. 15.52.050. Division II, Section 103.4 amended-Schedule of Fees. Section 103.4 of the CPC is amended to read as follows: 103.4 Schedule of Fees. The permit fees for all Building and Fire Safety Division transactions of the city of EI Cajon shall be set by the city council by resolution, and may be amended from time to time, to be listed in the City of EI Cajon Schedule of Miscellaneous Fees. 15.52.060. Division II, Section 103.4.1 amended-Plan Review Fees. The fourth paragraph of Section 103.4.1 of the epe is amended to read as follows: When plans are incomplete or changed so as to require additional review, a fee shall be charged at the rate as specified in the City of EI Cajon Schedule of Miscellaneous Fees. (continued on Page 3) Page 3 of 3, Ordinance No. 15.52.070. Public nuisance. A violation of any provision of the California Plumbing Code as adopted and amended by this chapter is deemed to be a public nuisance and may be abated in accordance with Chapter 1.16 of the El Cajon Municipal Code. 15.52.080. Violation-Penalty. Any person, firm or corporation violating any of the provisions of this chapter shall be subject to the provisions of the general penalty clause as set forth in Section 1.24.010 of this code, or any other penalty adopted by the city. SECTION 5: This ordinance shall be effective thirty days following its passage and adoption. 2013 California Plumbing Code 100313 First Reading - 10108/13 (Item No. 13.1 #E) Second Reading - 11/12/13 (Item No. 3.1 #E) 3.1-F Chapter 15.54 California Residential Code ORDINANCE NO. ---- AN ORDINANCE REPEALING SECTIONS 15.54.010 AND 15.54.060 OF CHAPTER 15.54 OF TITLE 15 OF THE EL CAJON MUNICIPAL CODE; ADOPTING THE CALIFORNIA RESIDENTIAL CODE, 2013 EDITION, AS AMENDED BY REFERENCE; AND ADDING NEW SECTIONS 15.54.010 AND 15.54.060 TO CHAPTER 15.54 OF TITLE 15 OF THE EL CAJON MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF EL CAJON DOES ORDAIN AS FOLLOWS: SECTION 1: The purpose of this ordinance is to establish the minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, and of the owners and occupants of residential buildings in the City of EI Cajon, and maintenance of all buildings and structures within the City, and incidental matters relating thereto through the adoption of the California Residential Code, 2013 Edition, with such modifications as set forth in Chapter 15.54 of the EI Cajon Municipal Code. SECTION 2: Pursuant to Health and Safety Code Sections 17958.5 and 17958.7, the City Council makes the following finding: Local climatic, geographical and topographical conditions, specifically the terrain, rate of population growth, housing and occupancy conditions and needs, and the environment existing in the City of EI Cajon constitute conditions which require that the California Residential Code be amended as set forth herein. SECTION 3: Sections 15.54.010 and 15.54.060 of Chapter 15.54 of Title 15 of the EI Cajon Municipal Code are hereby repealed. SECTION 4: A new Section 15.54.010 is added to Chapter 15.54 of the EI Cajon Municipal Code to read as follows: Chapter 15.54. CALIFORNIA RESIDENTIAL CODE 15.54.010. California Residential Code, 2013 Edition-Adopted by reference. The California Residential Code, 2013 Edition, as adopted by the state of California, excluding section R103 and including Appendix chapters G, H, and K as adopted by the state of California, is adopted by reference as the residential building code of the city (the "residential building code"), for regulating the construction, erection, enlargement, repair, removal, demolition, occupancy, equipment, use, height, area and maintenance of all residential buildings and structures in the city, providing for the issuance of permits therefore, and each and all such regulations, provisions, penalties, conditions and terms of the California Residential Code, 2013 Edition, are referred to, (continued on Page 2) Page 2 of 2, Ordinance No. _ adopted and made a part of this chapter as though fully set out in this chapter, excepting such portions as are added, deleted, modified or amended by this chapter. The California Residential Code is referred to in this chapter as the "CRC," and one copy is on file in the office of the city clerk. SECTION 5: A new Section 15.54.060 is added to Chapter 15.54 of the EI Cajon Municipal Code to read as follows: 15.54.060. Section R902.2 retitled and amended-Fire-retardant-treated shingles and shakes prohibited. Section R902.2 of the CRC is amended to read as follows: R902.2 Wood shake and shingle roofs prohibited. Wood shake and shingle roofs are not permitted except for minor repairs no larger than one (1) roofing square in area. SECTION 6: This ordinance shall be effective thirty days following its passage and adoption. 2013 California Residential Code 100313 First Reading-IOI08/13 (Item No. 13.1 #F) Second Reading 11/12/13 (Item No. 3.1 #F) 3.1-G Chapter 15.56 California Fire Code 3~ 1-G ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 15.56 OF TITLE 15 OF THE EL CAJON MUNICIPAL CODE; ADOPTING THE CALIFORNIA FIRE CODE, 2013 EDITION, AS AMENDED, BY REFERENCE; AND ADOPTING A NEW CHAPTER 15.56 TO TITLE 15 OF THE EL CAJON MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF EL CAJON DOES ORDAIN AS FOLLOWS: SECTION 1: The purpose of this ordinance is to establish the minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, and of the owners and occupants of residential buildings in the City of EI Cajon, and maintenance of all buildings and structures within the City, and incidental matters relating thereto through the adoption of the California Fire Code, 2013 Edition, with such modifications as set forth in Chapter 15.56 of the EI Cajon Municipal Code. SECTION 2: Pursuant to Health and Safety Code Sections 17958.5 and 17958.7, the City Council makes the following finding: Local climatic, geographical and topographical conditions, specifically the terrain, rate of population growth, housing and occupancy conditions and needs, and the environment existing in the City of EI Cajon constitute conditions which require that the California Fire Code be modified as set forth herein. SECTION 3: Chapter 15.56 of Title 15 of the EI Cajon Municipal Code is hereby repealed in its entirety. SECTION 4: A new Chapter 15.56 is hereby added to Title 15 of the EI Cajon Municipal Code to read as follows: Chapter 15.56 CALIFORNIA FIRE CODE 15.56.010. California Fire Code, 2013 Edition-Adopted by reference. The California Fire Code, 2013 Edition, excluding Section 103 and including Appendix Chapters 4, B, BB, C, ce, D, H, and K as adopted by the state of California, is adopted by reference as the fire code of the city (the "fire code"), for protecting the interests of health, life, and safety as they relate to the use or occupancy of buildings or premises. All of the regulations, provisions, penalties, conditions and terms of the California Fire Code, 2013 Edition, are referred to, adopted and made a part of this chapter as though fully set out in this chapter, excepting such portions as are added, deleted, modified or amended by this chapter. The California Fire Code is referred to in this chapter as the "CFC," and one copy is on file in the office of the city clerk. (continued on page 2) Page 2 of 14, Ordinance No. _ 15.56.020. Section 105.1.1.1 added-Schedule of fees. Section 105.1.1.1 of the CFC is added to read as follows: 105.1.1.1 Schedule of fees. The permit fees for all permits authorized by this code shall be as listed in the City of EI Cajon Schedule of Miscellaneous Fees. 15.56.030. Section 105.3.1 amended-Expiration. Section 105.3.1 of the CFC is amended to read as follows: 105.3.1 Expiration. An operational permit shall remain in effect until reissued, renewed, or revoked, or for such a period of time as specified in the permit. Construction permits shall automatically become invalid unless the work authorized by such permit is commenced within one hundred eighty (180) days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of one hundred eighty (180) days after the time the work is commenced. The maximum life of any construction permit is three (3) years. If a final inspection is not obtained within the three-year time period, the permit will become invalid and a new permit will be required. Before such work recommences, a new permit shall be first obtained and the fee to recommence work, if any, shall be one-half (1/2) the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one (1) year. Permits are not transferable and any change in occupancy, operation, tenancy, or ownership shall require that a new permit be issued. 15.56.040. Section 105.6.48 added-Christmas tree lots. Section 105.6.48 of the CFC is added to read as follows: 105.6.48 Christmas tree lots. An operational permit is required to operate a Christmas tree lot with or without flame proofing services. 15.56.050. Section 105.6.49 added-Green waste recycling, mulching, composting operations, and storage. Section 105.6.49 of the CFC is added to read as follows: 105.6.49 Green waste recycling, mulching, composting operations, and storage. An operational permit is required to conduct commercial mulching and composting operations. (continued on page 3) Page 3 of 14, Ordinance No. 5004 15.56.060. Section 108 amended-Board of Appeals. Section 108 of the CFC is amended to read as follows: 108 Board of Appeals. Appeals to the decisions or determinations made by the building official/fire marshal, or fire code official relative to the application and interpretation of the fire code adopted by the City, shall be heard in accordance with the board of appeals procedure as outlined in the California Building Code as amended by Chapter 15.04 of the EI Cajon Municipal Code. 15.56.070. Section 202 amended-Definitions. Section 202 of the CFC is amended by adding the following definitions: Accessory Structure is a building or structure used to shelter or support any material, equipment, chattel, or occupancy other than a habitable building. (A) (See Structure.) Combustible Vegetation is material that in its natural state will readily ignite, burn and transmit fire from the vegetative growth to any structure; this includes ground fuels which are any native or landscape vegetation not considered a tree and generally in contact with the ground. Discretionary Project means a project, which requires the exercise of judgment or deliberation when the public agency or body decides to approve or disapprove a particular activity, as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. Fire Authority Having Jurisdiction (FAHJ) is the designated entity providing enforcement of fire regulations as they relate to planning, construction, and development. This entity may also provide fire suppression and other emergency services. Fire Department is any regularly organized fire department, fire protection district, a legally formed volunteer fire department recorded with the County of San Diego, or fire company regularly charged with the responsibility of providing fire protection to the jurisdiction. Fire Hazard is anything that increases or could create an increase of the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or anything or act which could obstruct, delay, hinder or interfere with the operations of the fire department or egress of occupants in the event of fire. (Continued on page 4) Page 4 of 14, Ordinance No. _ Off-site Roadway is a road, street, public highway, or private road used for fire apparatus access from a publicly maintained road to the boundary of the subject property. On-site Roadway is a road, street, public highway, private road, or driveway used for fire apparatus access within the boundaries of the subject property or land division. Planning Authority Having Jurisdiction (PAHJ) is the identified authority regulating and enforcing planning and/or construction standards. Response Time is the elapsed time from the fire department's receipt of the first alarm to when the first fire unit arrives at the scene. Structure means a residence and attached garage, building or related facility that is designed primarily for human use or habitation or buildings designed specifically to house farm animals. Decking, fences and similar facilities are not considered structures for the purposes of establishing the limits of the fuel modification zone. Freestanding open sided shade covers, sheds, gazebos, and similar accessory structures less than two hundred fifty (250) square feet and thirty feet (30') or more from the main building are not considered structures for the purposes of this appendix. (See Accessory Structure.) Travel time is the estimated time it would take for a responding agency to travel from the fire station to the furthest structure in a proposed development project, determined by measuring the safest, most direct, appropriate, and reliable route with consideration given to safe operating speeds for heavy fire apparatus. Vegetation Conflagration is an uncontrolled fire spreading through vegetative fuels, and exposing and consuming structures in the advancing path of fire. Wildland-Urban Interface Code is the code regulating and governing the mitigation of hazard to life and property from the intrusion of fire from wildland exposures, fire from adjacent structures, and prevention of structure fires from spreading to wildland fuels as adopted by the local FAHJ. (continued on page 5) Page 5 of 14, Ordinance No. _ 15.56.080. Section 316.3.1 added-Cumulative Remedy Section 316.3.1 of the CFC is amended to read as follows: 316.3.1 Cumulative remedy. The procedures established in this section are in addition to criminal, civil or other legal remedies that may be available to the City of EI Cajon to enforce vioiations of the municipal code or applicable state codes. 15.56.090. Section 502.1 amended-Fire Apparatus Access Road. Section 502.1 of the CFC is amended to read as follows: 502.1 Fire apparatus access road. A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term that includes, but is not limited to, a fire lane, public street, private street, driveway, and parking lot lane. 15.56.100. Section 503.2.1 amended-Dimensions. Section 503.2.1 of the CFC is amended to read as follows: 503.2.1 Dimensions. (a) Fire apparatus access roads shall have an unobstructed improved width of not less than twenty feet (20'), except for single-family residential driveways serving no more than two (2) single-family dwellings, which shall have a minimum of 16 feet of unobstructed improved width. Any of the following, which have separated lanes of one-way traffic: gated entrances with card readers, guard stations or center medians, are allowed, provided that each lane is not less than fourteen feet (14') wide. (b) All fire apparatus access roads shall have an unobstructed vertical clearance of not less than thirteen feet six inches (13'6"). Vertical clearances or road widths shall be increased when, in the opinion of the fire code official, vertical clearances or road widths are not adequate to provide fire apparatus access. Exception: Upon approval of the fire code official, vertical clearances or road width may be reduced as long as the reduction does not impair access by fire apparatus. In cases where the vertical clearance has been reduced, approved signs shall be installed and maintained indicating the amount of vertical clearance. (continued on page 6) Page 6 of 14, Ordinance No. _ 15.56.110. Section 503.3.1 added-Fire lane designation. Section 503.3.1 of the CFC is added to read as follows: 503.3.1 Fire lane designation. Where the fire code official determines that it is necessary to ensure adequate fire access, the fire code official may designate existing roadways as fire access roadways as provided by Vehicle Code Section 22500.1 (public) or 22658(a) (private). 15.56.120. Section 503.6 amended-Security gates. Section 503.6 of the CFC is amended to read as follows: 503.6 Security gates. No person shall install a security gate or security device across a fire access roadway without the fire code official's approval. All gates providing access from a road to a driveway shall be at least two feet (2') wider than the width of the traffic lane(s) serving the gate. An automatic gate across a fire access roadway or driveway shall be equipped with an approved emergency key-operated switch overriding all command functions and opening the gate. A gate accessing more than four (4) residences or residential lots or a gate accessing hazardous institutional, educational or assembly occupancy group structure, shall also be equipped with an approved emergency traffic control-activating strobe light sensor or other device approved by the fire code official, which will activate the gate on the approach of emergency apparatus with a battery back-up or manual mechanical disconnect in case of power failure. An automatic gate shall meet fire department policies deemed necessary by the fire code official for rapid, reliable access. An automatic gate serving more than one (1) dwelling or residential lot in existence at the time of adoption of this chapter is required to install an approved emergency key-operated switch or other mechanism approved by the fire code official, at an approved location, which overrides all command functions and opens the gate. A property owner shall comply with this requirement within ninety (90) days of receiving written notice to comply. Where this section requires an approved key-operated switch, it may be dual-keyed or equipped with dual switches provided to facilitate access by law enforcement personnel. Electric gate openers, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. (continued on page 7) Page 7 of 14, Ordinance No. _ 15.56.130. Section 505.1 amended-Premises identification. Section 505.1 of the CFC is amended to read as follows: Section 505.1 Address identification. Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: minimum three inches (3") high with a one-half inch (%") stroke for individual suites and apartments, minimum four inches (4") high with a one-half inch (W') stroke for residential buildings, minimum eight inches (8") high with a one-half inch (W') stroke for commercial, multi-residential buildings, and industrial buildings. Additional numbers shall be required where deemed necessary by the fire code official, such as rear access doors, building corners, and entrances to commercial centers. The fire code official may require larger address numbers based on visibility and the needs of emergency response personnel. 15.56.140. Section 505.3 added-Map directories. Section 505.3 of the CFC is added to read as follows: 505.3 Map directories. A lighted directory map, meeting current fire department standards, shall be installed at each driveway entrance to multiple unit residential projects and mobile home parks, where the numbers of units in such projects exceed fifteen (15). 15.56.150. Section 505.4 added-Response map updates. Section 505.4 of the CFC is added to read as follows: 505.4 Response map updates. Any new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in a format (PDF and/or CAD format as approved by the FAHJ) or compatible with current department mapping services, and shall be charged a reasonable fee for updating all response maps. (continued on page 8) Page 8 of 14, Ordinance No. _ 15.56.160. Section 506.2.1 added-Emergency key access. Section 506.2.1 of the CFC is added to read as follows: 506.2.1 Emergency key access. All central station-monitored fire detection systems and fire sprinkler systems shall have an approved emergency key access box on site in an approved location. The owner or occupant shall provide and maintain current keys for the structure(s) for fire department placement in the box, and shall notify the fire department in writing when the building is re-keyed. 15.56.170. Section 507.5.1 amended-Where required. Section 507.5.1 of the CFC is amended to read as follows: 507.5.1 Where required. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings, or portions of buildings are hereafter constructed or moved into or within the City. When any portion of the facility or building protected is in excess of four hundred feet (400') (152.900 meters) from a water supply on a public or private street, as measured by an approved route around the exterior of the facility or building, fire hydrants and mains capable of supplying the required flow shall be provided when required by the fire code official. The size of fire hydrant outlets shall be a minimum of one (1) four-inch (4") and one (1) two-and-a-half inch (2}'2") NST outlet or greater as required by the fire code official. In multi-family zones and in commercial and industrial zones, fire hydrants shall be installed at intersections, at the beginning radius of cui-de-sacs. and such that no part of fire road is over three hundred feet (300') from a fire hydrant, regardless of parcel size The size offire hydrant outlets shall be a minimum of one (1) four-inch (4") and two (2) two-and-a-half inch (2}'2") NST outlet or greater as required by the fire code official. Exceptions: 1. Existing structures which are being remodeled or adding additional square footage need not provide additional hydrants where the entire structure is protected with an approved automatic fire extinguishing system. 2. Where alternate methods of fire protection are provided and approved, adjusted spacing of fire hydrants may be approved at the discretion of the Fire code official. (continued on page 9) Page 9 of 14, Ordinance No. _ 15.56.180. Section 605.11.3 Exceptions amended-Access and pathways. Exceptions to section 605.11.3 of the CFC are amended to read as follows: Exceptions: 1. Residential structures shall be designed so that each photovoitaic array is no greater than fifty feet by fifty feet (50'x50') in either axis. 2. Panel/modules may be permitted to be located in approved access pathways where an alternative ventilation method approved by the fire code official has been provided or when the fire code official has determined vertical ventilation techniques will not be employed. 15.56.190. Section 605.11.3.3.3 Item 1 amended-Smoke ventilation. Section 605.11.3.3.3 Item 1 of the CFC is amended to read as follows: 1. Arrays shall be no greater than fifty feet by fifty feet (50'x50') in distance in either axis in order to create opportunities for fire department smoke ventilation operations. 15.56.200. Section 901.8.2 added-Use of water from fire hydrants. Section 901.8.2 of the CFC is added to read as follows: 901.8.2 Use of water from fire hydrants. Fire hydrants are provided for the sole purpose of extinguishing fires, and are to be opened and used only by the fire department, Padre Dam Water District (in its service area) or Helix Water District (in its service area), or such other persons as are specially authorized by Helix Water District or Padre Dam Water District upon such person making application with the district. Such use shall be permitted only upon the following conditions: 1. To insure safety of fire hydrants for fire protection, any person authorized by Padre Dam Water District and Helix Water District to open fire hydrants shall use only the lower two and one-half inch (2W') valve of such hydrants. 2. No person, except persons employed by Helix Water District, Padre Dam Water District, or the fire department shall carry away any water from any fire hydrant without a written permit furnished by Helix Water District or Padre Dam Water District upon regular application. (continued on page 10) Page 10 of 14, Ordinance No. _ 3. No person shall open fire hydrants by any means other than an approved hydrant wrench or approved Spanner wrench, and no person shall fail to replace caps on outlets when the same are not in use. Failure to meet these requirements shall be sufficient cause to prohibit future use of such hydrants upon subsequent application. 4. No person shall authorize, permit or allow in the course of or in the scope of employment or agency, any employees or agents to violate any of the provisions of this section. The violation of any of the provisions of this section by an employee or any person in the course of or within the scope of employment, shall be conclusive evidence of the consent of the principal, in the absence of the posting of a bond with the City as provided for in subsection E. 5. In the event that any principal desires to be exempt from the acts of employees or agents in respect to the provisions of this section, such person may post a bond in the sum of one thousand dollars ($1,000), in a form approved by the city attorney, to provide protection to the City for damage done to fire hydrants by reason of water being taken by or for the use of such principal. 15.56.210. Section 903.2 amended-Where required. Section 903.2 of the CFC is amended to read as follows: 903.2 Where required. Approved automatic fire sprinkler systems are required in all new structures and in locations described in Sections 903.2.1 through 903.2.12. Fire barriers, partitions and walls, regardless of rating, shall not be considered as creating separate buildings for purposes of determining fire sprinkler requirements. Mezzanines shall be included in the total square footage calculation. For additions, an automatic sprinkler system installed in accordance Section 903.2 may be required to be installed throughout structures when the addition is more than fifty percent (50%) of the existing building or when the altered building will exceed a fire flow as calculated per Section 507.3. The fire code official may require an automatic sprinkler system be installed in buildings where no water main exists to provide the required fire flow or where a special hazard exists such as: poor access roads, grade and canyon rims, hazardous brush and response times greater than five (5) minutes by a fire department. When fire sprinklers are required under additions, this shall mean the entire structure or structures shall be equipped with fire sprinklers. The fire code official may require that other protective measures be taken based on existing conditions and/or potential hazards. (continued on page 11) Page 11 of 14, Ordinance No. Exception: Unless required by other sections of this code, non-residential occupancies not greater than one thousand (1,000) square feet which are of ignition-resistant construction or as determined by the fire code official to not present a significant fire hazard. Agricultural buildings constructed of wood or metal frames, over which fabric or similar material is stretched, which are specifically used as green houses are exempt from the automatic sprinkler requirements unless physically connected to other structures. 15.56.220. Section 905.3.1 item 1 and item 3 amended-Height. Section 905.3.1, item 1 of the CFC is amended to read as follows: 1. Buildings where the floor level of the highest floor is located more than twenty feet (20') above the lowest level of fire department vehicle access. Section 905.3.1, item 3 of the CFC is amended to read as follows: 3. Buildings where the floor level of the lowest story is located more than twenty feet (20') below the highest level of fire department vehicle access. 15.56.230. Section 3318 added-Fuel modification or vegetation modification. Section 3318 of the CFC is added to read as follows: 3318.1 Fuel modification zone during construction. Any person doing construction of any kind which requires a permit under this code or the building code shall install a fuel modification zone as approved by the fire code official, prior to allowing any combustible material to arrive on the site and shall maintain the zone during the duration of the project. 15.56.240. Section 5001.5.1.1 added-HMMP approved location. Section 5001.5.1.1 of the CFC is added to read as follows: 5001.5.1.1 HMMP approved location. The hazardous materials management plan shall be placed in an approved location, in a security box or other method of storage as approved by the fire code official or designated representative. (continued on page 12) Page 12 of 14, Ordinance No. 15.56.250. Section 5704.2.9.6.1 amended-location where above-ground tanks are prohibited. Section 5704.2.9.6.1 of the CFC is amended to read as follows: Location where above-ground tanks are prohibited. Storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited except for zones classified as commercial or industrial. Exceptions: 1. Two thousand (2,000) gallons maximum temporary above-ground tanks meeting UL 2085 for private use on farms, agricultural and rural property, remote construction sites, earth moving projects, gravel pits or borrow pits. Such tanks shall be specially designed, approved and listed, and have features incorporated into their design, which mitigates concerns for exposure to heat (two-hour fire resistance), ignition sources, and mechanical damage. 2. Crankcase draining may be stored in specially constructed above ground storage tanks, approved by the fire code official, with a maximum capacity of five hundred fifty (550) gallons. Such tanks may be located within a building when the fire code official deems appropriate, and the container meets the following: specially designed, approved and listed containers, which have features incorporated into their design, which mitigates concerns for exposure to heat, ignition sources and mechanical damage. Containers must be installed and used in accordance with their listing, and provisions must be made for leak and spill containment. In no case shall such storage be permitted in residential or institutional property. 3. With the fire code official's approval, Class I and Class II liquids may be stored above ground outside of buildings in specially designed, approved and listed containers, which have features incorporated into their design, which mitigates concerns for exposure to heat, ignition sources and mechanical damage. Containers must be installed and used in accordance with their listing, and provisions must be made for leak and spill containment. The fire code official may disapprove the installation of such containers when in his opinion their use presents a risk to life or property. 4. With the fire code official's approval, temporary storage of a maximum of ten thousand (10,000) gallons of Class II liquids may be permitted for a period not to exceed ninety (90) days at remote construction sites, earth-moving projects, gravel pits, or borrow pits, consistent with Sections 5704 and 5706. (continued on page 13) Page 13 of 14, Ordinance No. 15.56.260. Section 5706.2.4.4 amended-Location where above-ground tanks are prohibited. Section 5706.2.4.4 of the CFC is amended to read as follows: 5706.2.4.4 Location where above-ground tanks are prohibited. Storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited except for zones classified as commercial or industrial. 15.56.270. Section 5806.2 amended-Limitations. Section 5806.2 of the CFC is amended to read as follows: 5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited except for zones classified as commercial or industrial. 15.56.280. Section 6104.2 amended-Maximum capacity within established limits. Section 6104.2 of the CFC is amended to read as follows: 6104.2 Maximum capacity within established limits. The geographic limits in which the bulk storage of liquefied petroleum gas is prohibited for the protection of heavily populated and congested areas is hereby established as jurisdiction limits of the City of EI Cajon except for areas zoned for industrial use. 15.56.290. Section 0103.4 amended-Dead ends. Section 0103.4 of the CFC is amended to read as follows: 0103.4 Dead ends. Dead-end fire apparatus access roads in excess of one hundred fifty feet (150') (45.720 meters) shall be provided with width and turnaround provisions in accordance with table 0103.4, or with alternate design as approved by the fire code official. 15.56.300. Section 15.56.300 added-Public nuisance. Section 15.56.300 of the CFC is added to read as follows: A violation of any provision of the California Fire Code as adopted and amended by this chapter is deemed to be a public nuisance and may be abated in accordance with Chapter 1.16 of the EI Cajon Municipal Code. (continued on page 14) Page 14 of 14, Ordinance No. _ 15.56.310. Section 15.56.310 added-Violation-Penalty. Section 15.56.310 of the CFC is added to read as follows: It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, remove, improve, convert or demolish, equip, use, occupy, or maintain any building or structure, or cause the same to be done, contrary to or in violation of the provisions of this chapter. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and subject to the provisions of the general penalty clause as set forth in Section 1.24.010 of this code, or any other penalty adopted by the City. SECTION 5: This ordinance shall be effective thirty (30) days following its passage and adoption. 2013 California Fire Code (15.56) 100313 First Reading - 10/08/13 (Item No. 13.1 #G) Second Reading - 11/12/13 (Item No. 3.1 #G) 3.1-H Chapter 15.60 California Green Building Standards Code ORDINANCE NO. __ AN ORDINANCE REPEALING SECTION 15.60.010 OF CHAPTER 15.60 OF TITLE 15, OF THE El CAJON MUNICIPAL CODE; ADOPTING THE CALIFORNIA GREEN BUilDING STANDARDS CODE, 2013 EDITION, AS AMENDED, BY REFERENCE; AND ADDING A NEW SECTION 15.60.010 TO CHAPTER 15.60 OF TiTLE 15 OF THE El CAJON MUNICIPAL CODE THE CITY COUNCil OF THE CITY OF El CAJON DOES ORDAIN AS FOLLOWS: SECTION 1: The purpose of this ordinance is to establish the minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, and of the owners and occupants of residential buildings in the City of EI Cajon, and maintenance of all buildings and structures within the City, and incidental matters relating thereto through the adoption of the California Green Building Standards Code, 2013 Edition, with such modifications as set forth in Chapter 15.60 of the EI Cajon Municipal Code. SECTION 2: Pursuant to Health and Safety Code Sections 17958.5 and 17958.7, the City Council makes the following finding: Local climatic, geographical and topographical conditions, specifically the terrain, rate of population growth, housing and occupancy conditions and needs, and the environment existing in the City of EI Cajon constitute conditions which require that the California Green Building Standards Code be amended as set forth herein. SECTION 3: Section 15.60.010 of Chapter 15.60 of Title 15 of the EI Cajon Municipal Code is hereby repealed. SECTION 4: A new Section 15.60.010 of Chapter 15.60 is hereby added to Title 15 of the EI Cajon Municipal Code to read as follows: 15.60.010. Green Building Standards Code, 2013 Edition-Adopted by reference. The California Green Building Standards Code, 2013 Edition, including appendix chapters A4 and A5, as adopted by the state of California, is adopted by reference as the green building code of the city (the "green building code"), for regulating green construction practices in residential and commercial construction. Each and all such regulations, provisions, penalties, conditions and terms of the California Green Building Standards Code, 2013 Edition, are referred to, adopted and made a part of this chapter (continued on Page 2) Page 2 of 2, Ordinance No. as though fully set out in this chapter, excepting such portions as are added, deleted, modified or amended by this chapter. The California Green Building Standards Code is referred to in this chapter as the "CGBSC," and one copy is on file in the office of the city clerk. SECTION 5: This ordinance shall be effective thirty days following its passage and adoption. 2013 California Green Bldg Standards Code 100313 First Reading - 10108/13 (Item No. 13.1 #H) Second Reading - 11/12/13 (Item No. 3.1 #H) 3.1-1 Chapter 15.84 California Existing Building Code 3.1-' ORDINANCE NO. _ AN ORDINANCE REPEALING SECTION 15.84.010 OF CHAPTER 15.84 OF TITLE 15 OF THE EL CAJON MUNICIPAL CODE; ADOPTING THE CALIFORNIA EXISTING BUILDING CODE, 2013 EDITION, AS AMENDED, BY REFERENCE; AND ADDING A NEW SECTION 15.84.010 TO CHAPTER 15.84 OF TITLE 15 OF THE EL CAJON MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF EL CAJON DOES ORDAIN AS FOLLOWS: SECTION 1: The purpose of this ordinance is to establish the minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, and of the owners and occupants of residential buildings in the City of EI Cajon, and maintenance of all buildings and structures within the City, and incidental matters relating thereto through the adoption of the California Existing Building Code, 2013 Edition, with such modifications as set forth in Chapter 15.84 of the EI Cajon Municipal Code, but only when rebuilding or reconstructing a building or structure damaged by emergencies created by seismic activities, winds, floods, conflagrations, or other such disasters where the President has declared a disaster in the City of EI Cajon. SECTION 2: Pursuant to Health and Safety Code Sections 17958.5 and 17958.7, the City Council makes the following finding: Local climatic, geographical and topographical conditions, specifically the terrain, rate of population growth, housing and occupancy conditions and needs, and the environment existing in the City of EI Cajon constitute conditions which require that the California Existing Building Code be modified as set forth herein. SECTION 3: Section 15.84.010 of Chapter 15.84 of Title 15 of the EI Cajon Municipal Code is hereby repealed. SECTION 4: A new Section 15.84.010 is hereby added to Chapter 15.84 of Title 15 of the EI Cajon Municipal Code to read as follows: Chapter 15.84. CALIFORNIA EXISTING BUILDING CODE 15.84.010. California Existing Building Code, 2013 Edition-Adopted by reference. The California Existing Building Code, 2013 Edition, including appendix chapters A1 and A4, but excluding sections 103, 112, 410, 705, 707, 806, 811, 904, 906, 908, 909,1010,1012.8,1005 and 1006, as published by the International Code Council, is adopted by reference as the existing building code of the city (the "existing building code"), except as hereinafter modified, amended, repealed or deleted, for regulating (continued on Page 2) Page 2 of 2, Ordinance No. _ the construction, erection, enlargement, repair, removal, demolition, occupancy, equipment, use, height, area and maintenance of all buildings and structures in the city, when rebuilding or reconstructing a building or structure damaged by emergencies created by seismic activities, winds, floods, conflagrations, or other such disasters, or for retrofitting of existing buildings for soft story or unreinforced masonry construction, and is by this reference made a part hereof as though fully set out herein. The California Existing Building Code, 2013 Edition, is referred to in this chapter as the "CEBC," and one copy is on file in the office of the city clerk. SECTION 5: This ordinance shall be effective thirty days following its passage and adoption. 2013 California Existing Building Code (15.84) 100313 First Reading - 10108/13 (Item No. 13.1 #1) Second Reading - 11/12/13 (Item No. 3.1 #1) r"'C'i'ty"Ci~'~'k'D~t'~"St~'~p"'l ! lef OF! MEETING: 11/12/2013 I m,' I ~ ~ ITEM NO:--:::.:.3.=-.2__ ! J '-b Il:~r J ! TO: Mayor Pro Tern Wells and CENTENNIAL Councilmembers Ambrose, Kendrick, McClellan FROM: City Attorney SUBJECT: Extension of Interim Urgency Ordinance to Establish a Moratorium on Secondhand Dealers/Pawn Shops/Precious Metals, Gems and Jewelry Buyers/Thrift Stores RECOMMENDATION: That the City Council • Open the Public Hearing and receive testimony • Close the Public Hearing • Approve the extension of an interim urgency ordinance establishing a moratorium on secondhand dealers/pawn shops/precious metals, gems and jewelry buyers/thrift stores throughout the City of EI Cajon BACKGROUND: The City Council adopted Interim Ordinance No. 4996 by an unanimous vote on October 22, 2013, establishing a moratorium on one or more of the following types of business as permitted or conditionally permitted uses in the City of EI Cajon: precious metals, gems and jewelry buyers; pawn shops; for-profit thrift stores; electronic device recyclers; and secondhand dealers, to allow staff time to conduct a study on the impacts these businesses might have in the City. The ordinance will expire after 45 days, on December 6, 2013, unless extended for a period not to exceed 10 months and 15 days, again by a four-fifths vote following notice and a public hearing prior to its expiration. The ordinance can be extended a second time, again by a four-fifths vote of the council following notice and a public hearing, for up to one (1) additional year, prior to the expiration of the first extension, for a maximum period of two (2) years. Due to the vacancy in the Office of the Mayor, approval of this extension will require a unanimous vote. The extension of the urgency ordinance will temporarily continue a moratorium on the establishment of businesses including secondhand stores, pawn shops, those that buy and sell jewelry, precious metals (e.g., gold, silver, platinum) and gems ("Gold and Silver Buyers"), and thrift stores, throughout the City of EI Cajon, and allow staff time to consider an amendment to El Cajon Municipal Code Title 17 and, if necessary, Chapter 5.48, to determine if additional secondhand merchandise businesses should be allowed. Comments from staff and Council have suggested that the City follow the example of other cities and limit these businesses in some manner. City Council Agenda Report Meeting: November 12, 2013 Item No. 3.2 Extension of Interim Urgency Ordinance to Establish a Moratorium on Secondhand Dealers/Pawn Shops/ Precious Metals, Gems and Jewelry Buyers/Thrift Stores In reviewing the particular types of businesses (i.e., Gold and Silver Buyers), it is clear that there has been a noticeable increase in these and other types of secondhand dealers applying for special operations licenses in the City. Certain of these dealers or businesses lack appropriate safeguards to the public where too often stolen goods can be quickly and easily sold to secondhand dealers not qualifying as pawn shops under California laws, and not familiar with State laws related to secondhand dealers. Many of these businesses are locating in transitional commercial areas, creating an undue concentration in certain sectors of the City. These businesses sometimes employ untrained personnel who aren't familiar with how to identify stolen goods, and therefore are attractive avenues for the conversion of high-value goods into instant cash by more knowledgeable criminals. By attracting this criminal element they appear to create secondary effects on neighboring businesses. Besides Gold and Silver Buyers, other examples of non-traditional secondhand merchants include "eco-ATM" machines, easily placed in strip malls and shopping centers, which allow for the quick and easy sale of high-quality wireless phones (e.g., iPhones) and other devices, with little or no ability to investigate ownership. There has also been an increase in for-profit thrift stores in the City, where goods are not typically donated for charitable purposes, but the owners re-sell used furniture, housewares, electronic devices, etc., at reduced prices. FISCAL IMPACT: Unknown; although limiting the types of uses in the City could result in changes in business license revenues and property tax revenues. PREPARED BY: ORDINANCE NO. AN ORDINANCE TO EXTEND AN INTERIM ORDINANCE ADOPTED AS AN URGENCY MEASURE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 TO ESTABLISH A MORATORIUM ON SECONDHAND MERCHANDISE STORES IN THE CITY OF EL CAJON THE CITY COUNCIL OF THE CITY OF EL CAJON DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Findings and Declaration of Intent. That the City of EI Cajon has an overriding interest in planning and regulating the use of property within the City. Implicit in any plan or regulation is the City's interest in maintaining the quality of urban life and the character of the City's neighborhoods. Without stable, well-planned neighborhoods, sections of the City can quickly deteriorate, with tragic consequences to social, environmental, and economic values. The proliferation of business establishments purchasing merchandise for resale to the public including, but not limited to, guns, rifles and firearms; jewelry, gold, silver, and other precious metals and gems; dishes, flatware, platters, bowls, utensils, trophies and figurines containing precious metals; furniture, equipment, appliances, clothing, kitchenware, records, compact discs, videotapes, digital video discs, televisions, and other sundry consumer goods; and wireless communication devices, personal digital readers, computers, laptops, and other handheld devices (collectively, "Secondhand Merchandise") creates adverse impacts on retail businesses operating in the City. Permitting additional stores involved in such activities may adversely affect the City's emerging revitalization efforts and economic vitality, may result in a threat to public health, safety and welfare, and may not be compatible with existing and potential uses of certain areas within the City. Therefore, it is the City's intent, in consideration of other existing and potential uses within the City's commercial zones, to assure a degree of compatibility between the location of Secondhand Merchandise retail activities and surrounding commercial properties. This intent will be effectuated by a comprehensive study resulting in a possible revised zoning ordinance of the City. . SECTION 2: Purpose. The purpose of this ordinance is to extend the moratorium on additional Secondhand Merchandise Retail Establishments from doing business in the City of EI Cajon until such reasonable time as a detailed study of the possible adverse impacts such establishments might have on commercial uses, may be made. "Secondhand Merchandise Retail Establishments" are defined as those commercial activities involving the purchase, from the general public, of previously owned personal property including, but not limited to, guns, rifles and firearms; jewelry, gold, silver, and other precious metals and gems; dishes, flatware, platters, bowls, utensils, trophies and figurines containing precious metals, which are then either resold or reused, melted down or recycled and sold as base metals or loose gemstones; furniture, equipment, appliances, clothing, kitchenware, records, compact discs, videotapes, digital video discs, televisions, and other sundry consumer goods; and wireless communication devices, personal digital readers, computers, laptops, and other handheld devices. Secondhand Merchandise Retail Establishments include those establishments primarily devoted to such activities, or those activities ancillary to other retail establishments. Secondhand Merchandise Retail Establishments shall not include the exchange or trade of such items as credit toward the purchase of new items of similar consistency provided that no monetary or compensation or form of credit is paid to the customer. SECTION 3: Urgency. This ordinance is an extension of the interim ordinance adopted as an urgency measure pursuant to Government Code Section 65858 and is for the immediate preservation of the public peace, health and welfare. The facts constituting the urgency are these: Unregulated locating of such establishments may be in conflict with contemplated zoning and other regulations to limit the number, location, and activities of such establishments; to deter theft and protect businesses from the risk of the receipt of stolen property; and to determine the compatibility of Secondhand Merchandise Retail Establishments' activities within the City's commercial zones. Thus, in view of the facts set forth in Section 1 of this ordinance, it is necessary to immediately study, hold public hearings, and consider an amendment of the City's Zoning Code, and other applicable ordinances, and the adoption of restrictions or regulations as they may be recommended to the City Council by the Planning Commission. A comprehensive set of restrictions and regulations cannot be enacted without due deliberation, and it will take an indeterminate length of time to work out the details of such comprehensive restrictions. It would be destructive of the proposed restrictions if, during the period they are being studied and are the subject of public hearings, parties seeking to evade the operation of these restrictions in the form which may be adopted should be permitted to operate in a manner which might progress so far as to defeat in whole or in part the ultimate objective of those restrictions. SECTION 4: Condition. That no persons, partnerships, corporations, or other entities shall commence doing business as, nor shall a business license be issued to owners or operators of, Secondhand Merchandise Retail Establishments, as defined herein, except those establishments specifically excluded herein, until such reasonable time as a detailed study may be made and the zoning and/or any necessary specific plan amendment, and public hearing processes pertaining to these matters is completed, or for ten (10) months and fifteen (15) days from and after December 6,2013, whichever is sooner, as provided by Government Code Section 65858. SECTION 5: Regulation. (A). Notwithstanding any provision of the Municipal Code to the contrary, no persons, partnerships, corporations, or other entities, shall be issued business licenses, or a special operation licenses, to operate businesses as Secondhand Merchandise Retail Establishment as defined herein, within the City of EI Cajon. (8). Establishments excluded from this ordinance are those establishments already in operation at the time of the enactment of this Urgency Ordinance. SECTION 6: Taking Effect. This ordinance shall take effect immediately upon passage by a 4/5ths vote of the City Council, and in accordance with Government Code Section 65858 and EI Cajon Municipal Code Section 17.15.100 and is of no further force or effect on the date that the above-mentioned zoning ordinance becomes operative, or for ten (10) months and fifteen (15) days from and after December 6, 2013, whichever is sooner, except as may be extended as provided by said sections. Extension of Interim Moratorium on Secondhand Merchandise Stores 11/12/13 11/12/13 (Item) r"'city"C"i~;k"D~t~"St'~~~""! MEETING: Nov, 12,2013 : ! ur 1 Ihty/IIIEIlIii1J1IDJ ITEM NO: 4-A A\p~.iI 'JGIllII?1: ~S~!o ~,~~ TheValley o/Opportunity TO: Mayor Pro Tern Wells, CENTENNIAL Councilmembers Ambrose, Kendrick, McClellan .~ ~~~ :-,0: <'o("Porate(\ ).~ FROM: City Attorney SUBJECT: Administrative Hearing - Appeal Denial ofSpecial Operation License - Prince AA Wireless RECOMMENDATION: That the City Council conduct the Administrative Hearing, review documents submitted; receive testimony from witnesses who have been identified on each party's witness list; and determine whether the City Council's denial of the Special Operation License for a business providing optical and wireless services, and buying used phones at 528 East Main Street should be upheld or overturned. BACKGROUND: On August 23, 2013, Aeven Awraha applied for a Special Operation License for second hand dealers for his business at 528 East Main Street. This license was circulated to City departments for their investigation and comments. The license was submitted to the City Council on October 8, 2013, with a recommendation for denial from Police Captain JeffDavis and the City Manager. The reason for the recommendation was because the police department found that Mr. Awraha violated EI Cajon Ordinance 5.16.080 by giving false information of record about a stolen phone to investigators on December 26,2012. The City Council concurred with that recommendation and the Special Operation License was denied. Mr. Awraha delivered an appeal dated October 24, 2013, to the City Clerk's office appealing the denial by the City Council of the Special Operation License and an Administrative Hearing before the City Council was scheduled for November 12, 2013. Under the City's Municipal Code this type of proceeding is known as "Administrative Hearing - Appeal". The City Clerk has notified applicant of the date and time of the hearing, and has provided pertinent portions of Chapter 1.36 to him. Section 1.36.080 provides that the presenting officer and the party involved are required to file with the City Clerk a list of all witnesses to be presented at the hearing and ten copies of each document the party intends to offer into evidence. The witness lists of the City's representative and of the property owner are attached to this Agenda Report; the documents intended to be offered into evidence by both sides are likewise included with this report, in separate envelopes. Only a party, the presenting officer, or a person whose name appears on a filed witness list may present oral evidence at the hearing. All oral testimony must be taken either under oath or affirmation. The City Attorney will swear in all witnesses at the time of the hearing. Administrative Hearing- Appeal Agenda Date: Item No. 4-A Page 2/2 The procedure to be followed will be explained by the City Attorney at the time of the hearing. In general, the City Council will first receive testimony and evidence from City representatives and witnesses, as the City bears the burden of proving grounds for the action taken to deny Mr. Awraha's request for a Special Operation License. Mr. Awraha or his representative is then allowed to present his evidence and witnesses in support of his position. Each party will then be allowed the right to present evidence in explanation or rebuttal. Each party may question the other party, or its witnesses, generally to be conducted through the Mayor Pro Tem, although the Mayor Pro Tem may allow the question to be presented directly. The hearing is not conducted according to the technical rules of evidence and any relevant evidence, including hearsay, shall be allowed and admitted. The City Council will give the evidence the weight it deserves. Upon the conclusion of the submission of evidence only the presenting officer of the City, and an authorized representative of the property owner may present arguments to support their respective positions. Thereafter, applying laws, ordinances, rules and regulations to the evidence presented, the City Council shall make an adjudicatory decision regarding the rights, duties and entitlements of Mr. Awraha. The decision may direct that certain action be taken as deemed necessary by the City Council. Such deliberations and discussions will be conducted in the public meeting. FISCAL IMPACT: None PREPARED BY: ity Attorney Attachment: Witness Lists NON-PUBLIC APPEAL OF CITY COUNCIL DECISION (Non-Public Hearing) FlUNG FEE: $50.00 NOTE: When appealing an item on whicha map or drawing has previously (Make checks payable to: been submitted, 10 copies ofmap or drawing must be submittedto the City City of EI Cajon) Clerk along with this appeal form. TO: The City Council of the City of El Cajon, California C/O: City Clerk Your petitioner would respectfully show that on 10 / L\...( ,20 (3 the City Council of the City of EI Cajon rendered a decision denying/granting application for _ /' 0e cJ (.,,1 !) P'f" {rtl(11 ~ 0'S·(i·tAbt as sought by ,4 f'.- ',; Y1. LA! U" kt"- ?r Dr I;::::f; e J4-. Your petitioner appeals the decision of the City Council upon the following grounds: eI~ S Ce:.- CA.-\: 0 IA ," )11.... ,be ',"- k11,(l., Lf:.Jc'fl..)UH!:::L------ Petitioner therefore requests that the City Council conduct a hearing and thereafter its decision to deny/grant petitioner's application for _ be set aside and that petitioner's application _ be granted/denied. (circle one) ;:J rll n p~:~:~ N Uc-' s: 1-':1 4<:1i f%.):L J4-w CtA VI'-"'C"4-- _ Pl..,., ~O Name (please print} n:D·-, An -: Applicant -f: ):.. ~ Slg~~ Applicant's iSepreserifative Opponent (SpeCify) £L., Cez 6" r!J" OJ '17.-0 2.C) Telephone: ~ tEl L.\. sc;, '3 ex g =JL--_ CC\FORMS\Appeal Non-Public Hearing - City Council Decision Oct. 2013 Prince Optical & Wireless Aeven Awraha 528 E main 5t EI Cajon, Ca 92020 To whom it may concern: This is Aeven Awraha the owner of Prince Optical & wireless, actually I would like to appeal this decision which has been denied from police department of el Cajon city, and how I explained before on the meeting council my issue I had on my store last year which is I bought a stolen phone from a customer, and I didn't know about it, and also I didn't know there is second hand of license I have to purchase a used phone, and on that time two officers came to check if I had that phone, and on that time the deductive direct me to have second hand of license and follow the right rules to buy the phone. 50 I want to thank the deductive for the right way to direct me to havethe second hand license, and I did apply but the honor people on EI Cajon police department recommended to deny my application. I came to united states to have safe and nice life and be successful, so we are human we always could make mistake, but from are mistake we learn to prevent the mistake, and on that time I didn't have enough experience what I should do, but right I have got good experience if I purchase used phone what I should get the information list it below from the customer, get finger print plus customer id and also keep the phone for a month on the store. PAWNBROKER/SECONDHAND DEALER REPORT PLEASEPRINT CLEARL y WHITECOPIESLAW. ENFORCEMENT I YELlOW-DEALER lAST NAME FIRST NAME- MIDDlE NAME I , I T I T I I I I I I I I I I I I I I 1 C SEX RACE HAIR EYES HEIGHT WEIGHT BIRTHDATE IMWODtfYVY) TRANSACTION DATE T DAY U MONlli YEAR R SI I I II T T DRNERS UC. NO. OR OTHER to. STATE DATE OF ISSUANCE YEAR OF EXP. A TN I I 1 N TIME OF S MO II I ADDRESS A ~H E C LOANiBUY NUMBEfI R AMOUNT T CITY STATE ZIP CODE I 1$ I TRANSACTION II °N DPAWN Deuv UCENSE NUMBER POUCE DIVISION DCONSIGN DTRADE SI TN -::;.~.. IE/Cajon OF NAME ADORESSICITYISTATE/ZlPCODE R O .-- E -; I ,. ARTICLE BRAND NAME X CUSTOMER'S SIGNATURE I certify I underpenaltyof pe~ufhethatto my SERlALNO_ MODEL kno~ and belief information above IS true and complete and I am I the owner, or havethe authority of I the owner, to sell or pledge the T PROPERlY DESCRIPTION lOne Item only. Size. Color. Material.old property. E M . x So when I got a denial on October 8,2013 I spoke with captain Davis and he told me I have two option to get approval either to reapply or appeal the decision, and I still followed whatever captain Jeff Davis told me and whatever deductive direct me to have the way they want to do it, so please I hope this time to get approval and how I knew it there is no more I can apply to get the second hand license base the new decision been made on the last meeting, only what I want to have everything on the right way and follow the rules and to be cooperate with police department. actually when I opened my store we had good relationship with city of el Cajon CDC department, special I was following every single rule on that time to have my store look nice store on el Cajon and on that time I was paying rent almost 11 months from my pocket and on that time was store not open because there was rules I have to follow it and I did everything were request, and thanks god ever thing is fine right now. Last things I would like to say I swear to god if I know that phone was stolen I will never buy it I swear to god, because I don't like to have a problem special on my store because I have very good reputation on el Cajon, so please have me approved to keep myself away from anyproblem for future, and I have been learning every single day something new, so please consider my application and I will be ready for any help I can be cooperate with police department to get the right rules and follow it, so I learned from my life a lot things (justice, love, and help each other). Sorry again for that mistake happened for that phone with my apologize, I would like to saytoo thanks everyone to spend the time to read my letter. Thanks a lot to honors people on EI Cajon city police department for reading my letter. Aeven Awraha 528 E main St EI Cajon, Ca 92020 I have some sources also I can check from now there is no more bad IIYIEI because I am i-MOBILE DEALER and other carrier so I will be able to check every single phone for example I have web site dealer 1- https:/lrap.t-mobile.com/orepaid-web!this is web only for T-mobile dealers 2- https:llrap.t-mobile.com/oreoaid-web( this web site I can checkif there is bad IMEI or not or the phone still under contract or not, so that way! will know for sure source of the phone. 3- http://www.imei.info!?imei=012847001428259&next-%2FblackIist%2Fiphone%2F01284700142 8259%2F this web site to check more details about the phones 4- And also there is more web sites I will be able to check phone details. 5- And also what ever will help from police department to get the right directions based on police department rules. Aeven Awraha Prince Optical & Wireless 6194563989 ~~2--- (0/2/'-( 11-C'J (~ California Narcotic Officers' Association Pledge Date: 9/3/2013 28245 Avenue Crocker Suite 230 Pledg-e Amount: $50.00 Santa Clarita, CA 91355-1201 Sponsor Confirmation#: D20281314 7537863 California Narcotic Officers' Association AEVEN AWRAHA 28245 Avenue Crocker Suite 230 AEVEN AWRAHA Santa Clarita, CA 91355-1201 1137 LORNA AVE B EL CAJON CA 92020-7509 PLEASE SEND THIS PORTION BACK WITH YOUR DONATION ------..." .. -:------_.... - - - -_.... - -'- - - -~ - .~ -- _...... ~. -- -- - ... -- _. - . CALIFORNIA NARCOTiC OFFICERS' ASSOCIATION 28245 Avenue Crocker Suite 230 Santa Clarita, CA 91355-1201 For more information call 1-800-756-4576, or visit usonllne@ www.cnoa.org Dear Friend, Thank you for your donation to the California Narcotic Officers' Association. We certainly appreciate your support. We have enclosed a decal that proves you are a friend and supporter of the Narcotic Officers throughout the state of California. You may want to know that the CNOA was established in 1965 to provide narcotic and drug abuse information suitable for distribution to the adult and juvenile public. In addition, the CNOA conducts training seminars, conferences, and research into educational method? for narcotic and drug abuse control. We promote and foster mutual cooperation between narcotic enforcement officers, their agencies, private industry, and the public. Our 6,OOO-plus members include not only law enforcement specialists, but also prosecutors and judges who daily fight the WAR AGAINST DRUGS in addition to making our communities safer places to live and work. Our official publication, "The California Narcotic Officer," with a circulation of 8,000, is distrlbuted to police and sheriffs departments, other law enforcement agencie~,·selected peace uffli.;8IS, and.COD(;erned citi2;eristoas;sisl-Gs i;ioul" Ciblgo)hg . battle. CNOA has hired a professional fund-raiser, Midwest Publishing-DN,lne., to aid us 'in.obtaining pledges and producing our magazine. If you have sponsored a display acknowledgement, please remit specific copy/information, otherwise you will be listed as a sponsor. To obtain an audited financial statement of the fundraising expenses, you can contact the organization directly at the address listed above. It is the continuing support of people like you who make all of this possible. We are proud to have you as a friend. On behalf of our entire organization, thank you for your assistance. Sincerely, Joe Stewart Confirmations: D2 0281314 o Director ~ Pledge Date: 9/3/2013 o N N Pledge Amount: $50.00 o o >" '" ITEM 4A ADMINISTRATIVE HEARING - APPEAL WITNESS LIST AND DOCUMENTS SUBMITTED BY THE PRESENTING OFFICER CITY OF EL CAJON MEMORANDUM DATE: November 6, 2013 TO: City Clerk FROM: Captain Jeff Davis - Police Department SUBJECT: Administrative Hearing - Prince AA Wireless 528 E. Main As the Presenting Officer for the Administrative Hearing scheduled for November 12, 2013, I submit only my original memo regarding Prince Wireless. I will not call additional witnesses during the hearing. I will be present should the City Council have any questions. geffe'J 9. 1Javis Captain - Support Bureau EI Cajon Police Department 100 Civic Center Way EI Cajon, CA 92020 _s-~(j~~~i'_ _!!",valkz1~'tz_ CENTENNIAL ~\,~. CITY OF EL CAJON POLICE DEPARTMENT MEMORANDUM DATE: September 10, 2013 TO: Chief of Police C''\ ~\ FROM: Captain Jeff Davis ~ SUBJECT: Special Operations License - Prince Optical & Wireless 528 E. Main I have reviewed all of the attached documents regarding the application from Aeven Awraha for a Special Operations License. Mr. Awraha is listed as the owner of Prince Optical and Wireless located at 528 E. Main Street, EI Cajon. EI Cajon Municipal Ordinance 5:16:020 outlines the requirements for the Special Operations License. Municipal Ordinance 5:16:030 specifies the license is required for second hand dealers. On 12/19/12, a victim filed a crime report with the EI Cajon Police to document the theft of his i Phone. On 12/26/12, EI Cajon police investigators located the stolen i Phone at the Prince Optical & Wireless store. Mr. Awraha first told investigators he took the phone in on a trade. He eventually admitted to buying the used i phone for $120 despite the fact that he did not have a second hand dealer license. Mr. Awraha could not produce the documentation for his purchase of the i Phone. It is apparent, after reading the investigators report, that Mr. Awraha made an attempt to prevent the investigators from examining the stolen i Phone. Detectives recovered the stolen phone and returned it to the victim. RECOMMENDATION: Mr. Awraha violated EI Cajon Ordinance 5.16.080 by giving false information of record to investigators. I recommend denial of Mr. Awraha's application for a Special Operations License. Committed to a Safe & Secure Community through, Service, Mutual Cooperation and Respect ITEM 4A ADMINISTRATIVE HEARING - APPEAL WITNESS LIST AND DOCUMENTS SUBMITTED BY THE APPLICANT/APPELLANT: NONE 'CitYCi~;kjj~t~St~;;;, MEETiNG: 11/12/13 ITEM NO: 4.1 ,r I_'J_-';':~J :J TheValley ofOpportunity TO: Mayor Pro Tern Wells, CENTENNIAL Councilmembers Ambrose, Kendrick, McClellan FROM: Morgan Foley, City Attorney SUBJECT: Vacancy in Office of Mayor; Procedures; Selection of New Mayor RECOMMENDATION: That the City Council determines the manner by which the vacancy on the City Council will be filled for the seat recently held by Mayor Mark Lewis. Ifappointment to the office is preferred, consider the appointment of a new Mayor at this meeting or provide direction to Staff for procedures for an appointment at a future meeting. BACKGROUND: Mayor Mark Lewis delivered a letter to the City Manager on October 24, 2013, resigning from the EI Cajon City Council effective immediately. The letter was thereafter delivered to the City Clerk. This creates a vacancy of his office effective that date. State election law provides the procedures for filling the vacancy, and requires an appointment to fill the vacancy to be made within 60 days from the date of the vacancy (i.e., by December 23,2013). Ifthe vacancy is not filled by the City Council within 60 days a special election must be called to fill the vacancy. The special election must be held at the next established election date not less than 114 days after the call for the election. The next established election date is April 8, 2014. However, that date is 106 days after December 23, which would require that the special election would have to be held at the June 10, 2014, regular election date. Choosing to conduct a special election will leave the seat vacant for a period of seven and one"half (7Y2) months. After that Special Election the new Mayor would office for approximately five (5) months. If the City Council elects to appoint, it may elect to appoint the new Mayor at this meeting, or may direct Staff to set the procedures for an appointment at the December 10, 2013 meeting. In the event that the City Council chooses one of its own members to fill the vacancy, the selection appointment would create an immediate vacancy in the office of the selected Councilmember. In anticipation of the possibility of that occurrence the next agenda item (Item 4.2) gives the City Council the opportunity to address the process for filling that vacancy. Vacancy on City Council Agenda Date: November 12, 2013 - Item No. 4.1 Page 2of2 FISCAL IMPACT: The cost of a special election if that option is selected. The Registrar of Voters has estimated the cost of a special election in June to be approximately $15,000 to $40,000, due to its consolidation with the statewide regular election. PREPARED BY: ~~~ CIty ney Attachment: Letter of Resignation from Mayor Mark Lewis It has been my privilege for the past 23 years to serve the citizens of EI Cajon as your elected representative, including the last 15 years as your Mayor. The citizens of EI Cajon have demonstrated their faith in me by re-electing me six different times. Over two years ago, I announced that I would not be seeking re-election in 2014 and, therefore, had planned on retiring as Mayor at the end of next year. The reason for my decision not to continue as your Mayor was primarily due to continued health problems, beginning with my suffering a minor stroke in 2010. More recently, I have been challenged by cancer and a dislocated shoulder, along with other health related problems. Unfortunately, at times, this has caused me some difficulties in clearly communicating my thoughts, including during the recent interviews that have caused understandable concern within our community and for which I have already apologized. After discussing with my family and close friends, I have made the decision to resign my position as Mayor of EI Cajon one year early to avoid any further concerns by our citizens and to allow our City Council and community to move forward in their work to make this City the finest place it can be. I deeply love our town and have given a major portion of my adult life to its wellbeing and, so, this is a bittersweet moment for me. I will miss being your Mayor, but I realize it is now time to better focus my energies on my health and my family. We have accomplished much together over the past 23 years and I am especially proud of our exciting revitalized downtown, the Council's support for strong economic development, the City's continuous balanced budgets and conservative fiscal policies, even throughout the recent difficult recession. I am also proud that our Council recently voted to bring back to life the EI Cajon Friendship Festival, now renamed and reinvented as America On Main Street, which will be a citywide celebration in June of our community's cultural diversity and strength. I wish to thank all of my supporters over the years, as well as all of the wonderful citizens of EI Cajon who have made this such a great community. God bless you all. Sincerely, Mark Lewis, Mayor MEETING: 11/12/13 I~'t, IJ~ ~ liaj)ll ITEM NO: 4.2 " J ~ o Ip,JfIIiIJllrt TO: Mayor Pro Tern Wells, Councilmembers Ambrose, Kendrick, McClellan FROM: Morgan Foley, City Attorney SUBJECT: Vacancy on Council; Procedures for Filling Vacancy; (Note: This Item 4.2 is only necessary if, in the just-concluded Item 4.1, the City Council appointed one of its own members to fill the vacancy in the office of the Mayor; if no appointment of a Council Member was approved this Item is unnecessary and should be removed from the Agenda.) RECOMMENDATION: That the City Council determines the manner by which the vacancy on the City Council will be filled for the seat held by the recently appointed Mayor. If appointment to the office is preferred, consider the appointment of a new Councilmember or provide direction to Staff for procedures for an appointment at the December 10, 2013, meeting, or at a Special Council Meeting prior to January 12, 2014. BACKGROUND: In the immediately preceding agenda item (Item 4.1) the City Council elected to select one of its members as the new Mayor of El Cajon to fill the vacancy in that office following the resignation of Mayor Mark Lewis. The result of the appointment, today, is that it creates a vacancy of the new Mayor's Council office effective immediately. Whoever fills that vacancy shall hold the office for the balance of the term vacated by the new Mayor. A similar State election law described in the agenda item to fill that vacancy applies to this vacancy on the City Council, and if the vacancy is filled by appointment it must take place within 60 days of today's date (i.e., prior to January 12, 2014). The most significant difference in filling a vacancy in the office of the Mayor and that of any other Council Member is that filling the vacancy in the office of a Council Member by appointment is optional; at any time prior to January 12, 2014 the City Council can simply choose to call for a special election to fill the vacancy. The option to fill the vacancy by appointment is lost if not exercised within the next 60 days. At that point it is mandatory that the City Council calls for a special election. In the event the City Council chooses to call for a special election it must be conducted at a regularly established election date not less than 114 days from the Vacancy on City Council Agenda Date: November 12, 2013 - Item No. 4.2 Page 20f2 call of the special election. To repeat, the following options are available for Council to fill the vacancy: 1. Within the next 60 days the remaining members of the Council may appoint an individual to fill the vacant seat for the entire balance of the term. This appointment may be accomplished by Council directly appointing an individual or accepting applications and having interviews. 2. Alternatively, during the next 60 days the City Council can call for a special election to fill the vacant Council seat. The special election must occur on the next regularly established election date not less than 114 days from the call of the special Election. The next two regularly established Election dates more than 114 days from today's date are April 8, and June 10, 2014. If the special election is called on or before December 15, the election must be held on April 8; if the election is called after December 15, or if no appointment is made prior to January 12, 2014, the election must be held on June 10. Choosing to conduct a Special Election will leave the seat vacant for nearly six to eight months, depending on which date is selected. Ifthe City Council elects to appoint, it may elect to appoint the new Councilmember at this meeting, or may direct Staff to set the procedures for an appointment at the December 10, 2013 meeting, or at a special Council meeting prior to January 12, 2014. FISCAL IMPACT: The cost of a special election if that option is selected. The Registrar of Voters has estimated the cost of a special election in April of 2014 to be, approximately, $320,000 to $370,000. This high cost is because it would likely be the only special election called for on that date, and the costs associated with the election cannot be shared with other jurisdictions. If the City's special election is delayed until June the estimated costs would be approximately $15,000 to $40,000. Please note that both estimates can change depending on how many elections or measures are on either ballot. PREPARED BY: MEETING: 11/12/13 ITEM NO: 4.3 -~ ,_r '-J TheValley%pportunity TO: Mayor Pro Tern Wells, CENTENNIAL '~('o • 9\'-': Councilmembers Ambrose, Kendrick and McClellan "Porate<.\ ): FROM: Douglas Williford, City Manager SUBJECT: East County Performing Arts Center RECOMMENDATION: No action required. BACKGROUND: At its July 9, 2013, meeting, the City Council authorized staff to solicit Requests for Qualifications (RFQ) for architectural services for the improvement and upgrade of the East County Performing Arts Center (ECPAC). Pursuant to Council's direction, staff solicited RFQ'S in September of 2013, contacting qualified firms and posting on the City's website. Ten architectural firms submitted proposals. Staffhas conducted interviews and is prepared to move forward with a contract with the lead firm. However, throughout this process, the City Council has consistently directed staffto continue to pursue options for partnerships with capable entities who may wish to share both the costs and opportunities ofa renovated and re-opened ECPAC. Staffhas continued to explore such opportunities and is now in discussions with at least two such organizations who are preparing to make a proposal to the City for a partnership. At this early point, it is premature to disclose these organizations' identities because they have not, as of yet, made any formal proposal. Given this situation, rather than bring the previously mentioned architectural firm to City Council for formal approval and contract authorization, staffwill place a hold on thatprocess pending the outcome of the discussions with these organizations who may be interested in a partnership with the City to renovate and use ECPAC. Staffwill continue to keep the City Council updated on this matter. FISCAL IMPACT: Not applicable. PREPARED BY: C~~"$:,ifd m.;gla~illiford ' City Manager City Clerk Date Stamp MEETING: 11/12/13 ITEM NO: 7.1 ; ~ I ;. c/\ TO: City Council FROM: Mayor Pro Tern Bill Wells SUBJECT: Council Activities Report RECOMMENDATION: That the City Council accept and file the following report ofCouncillMayor activities attended during the current agenda period. BACKGROUND: Government Code Section 53232.3(d) requires members ofa legislative body to provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. REPORT: Since the last City Council meeting, I have attended the following events on behalfofthe City ofEl Cajon: October 2, 2013 Police Retirement Ceremony October 23, 2013 Interview wi KPBS October 24, 2013 Meeting wi Ramzi Murad October 25, 2013 Interviews wi Channels 5, 6, 7, 8, 10 and Univision October 25, 2013 Interview on Mike Slater Show October 25, 2013 Meeting wi Mark Arabo October 28,2013 Meeting with City Manager October 29, 2013 Interview wi KUSI October 29, 2013 Meeting wi Mike McSweeny - Building Industry Assoc. November 2, 2013 Grand Opening for Baskin Robbins on Second Street November 4,2013 Meeting with City Manager November 5, 2013 Meeting with Chris Dugan - Restaurant Association November 12, 2013 - City Council Meeting at 3:00 p.m. I will be happy to answer any questions you may have. SUBMITTED BY, /1.- !/,I\ ! .(J) l7't)...-l [JlCC~) Bill Wells Mayor Pro Tern 1 I~C_ISlJlrl'l\rl~ Ill~PC):ll'I' 7.2 CENTENNIAL 1.. 2Cl I:1·2 C) I tit ~<: '\i-"" .,,~: t;J'"j)(:>l'IU\,i\l< COUNCIL BILL STATUS/ BILL NO. SPONSOR SUBJECT POSITION COMMITTEE DATE LAST ACTION DATE Property Taxation: Change in 5/13/2013-ln committee: Set, second AS 188 Ammiano 5/28/2013 Oppose Assembly Ownership hearing. Held under submission. Removes ability to not pay 10/13/20 13-Chaptered by Secretary of SS 7 Steinberg prevailing wages for charter cities 2/26/2013 Oppose Senate State - Chapter 794, Statutes of 2013. for Public Works contracts. The Legislative Report tracks bills for the 2013-2014 Session of the California Legislature that the EI Cajon City Council/Housing Authority/Successor Agency to the Redevelopment Agency has voted to monitor, support or oppose. Updated November 6,2013 at 8:18 a.m. for the November 12, 2013 City Council Meeting. . Page 1 7.3 Oct. 17, 2013 Issue #112 IN THIS ISSUE: Page 3: Organizations Receive Grant Funding for Local Arts Programs Federal Shutdown Ends, For Now After being shutdown for 16 days, a bipartisan deal passed late Wednesday that temporarily reopened the federal government and suspended the nation's debt limit. The deal, struck by Senate Majority Leader Harry Reid (D-Nevada) and Senate Minority Leader Mitch McConnell (R Kentucky), passed the Senate floor 81-18 and the House by 285-144 vote (with 87 House Republicans voting in favor). President Barack Obama quickly signed the legislation, H.R. 2775, shortly after midnight early Thursday morning. For more, see Page 2. •••••••••••••••••••••••••••••••••••• Municipal Finance Institute Registration is Now Open Reserve your spot at the League's premiere municipal finance event by registering before Nov. 12. The Municipal Finance Institute will be held Dec. 4 - 5 at the Hyatt Regency Mission Bay in San Diego and includes a joint reception on Dec. 4 with attendees of the City Clerks New Law & Ethics Seminar. Session topics will include property taxes, revenue forecasting and pension reform. For more, see Page 2. •••••••••••••••••••••••••••••••••••• City Clerks New Law & Elections Seminar Registration is Now Open Nov. 12 is the conference and hotel registration for the New Clerks Law & Elections Seminar. The conference will be held Dec. 4 - 6 at the Hyatt Regency Mission Bay in San Diego. For more, see Page 2. 'Shutdown' Continued from Page 1... The 35-page continuing resolution reopens the government through Jan. 15, 2014 and raises the debt limit through Feb. 7, 2014. In the meantime, a bipartisan conference committee of budget negotiators will begin to meet this week to hammer out details of a broader more long-term budget plan. A deadline of Dec. 13 is set in the bill for the conference committee to report on its progress and hopefully produce a deal. There is potential for another federal shutdown in the event that a deal is not reached as Republican-led House budget members and Democratic-led Senate members continue to negotiate. Under the plan, the previous $986 billion federal funding spending limit is maintained; furloughed federal employees will receive retroactive back pay, and income level verification requirements for individuals requesting subsidies under the federal Patient Protection and Affordable Care Act (ACA) are imposed. White House Press Secretary Jay Carney stated upon passage that the President's focus has shifted back to other pressing issues such as passing a bipartisan comprehensive immigration reform plan and bills related to farming subsidies, climate change issues, college affordability and reducing gun violence. He also reiterated the President's commitment to ensuring the successful implementation of the federal ACA and addressing the consumer difficulties experienced due to website glitches. 'Finance' Continued from Page 1... Register online at www.cacities.org/events. Full registration includes electronic access to all program materials, admission to all sessions, one breakfast and two lunches, and a Wednesday evening reception. Contact Megan Dunn with any registration questions. 'Clerks' Continued from Page 1... You won't want to miss Marty Brounstein, the closing speaker on Friday who will speak on "The Courage and Compassion to do the Right Thing: A Lesson in Ethics." Sessions will also cover a wide range of topics including: • The Brown Act; • FPPC and election law updates; • Transparency strategies; and • Customer service. Register online at www.cacities.org/events. Full registration includes electronic access to all program materials, admission to all sessions, one breakfast and two lunches, and a Wednesday evening reception. Contact Megan Dunn with any registration questions. Please note: 3.25 MMC Advanced Education/Professional & Social Contribution Points and CMC Education/Experience points will be available. Organizations Receive Grant Funding for Local Arts Programs The California Arts Council recently announced grant awards for its signature programs: Artists in Schools, Creating Places of Vitality, State-Local Partnership, and Statewide Networks. View each program for more information about that program and a list of grant recipients. 2 Artists in Schools Program The 2013-14 Artists in Schools Program will provide funding for 118 arts organizations to help bring instruction in music, theater, dance, visual arts, and other art forms to children statewide during the school year. The total amount awarded through the 2013-14 Artists in Schools program is $944,784. Creating Places of Vitality The 2012-13 Creating Places of Vitaiity program will award 84 California arts organizations with grants totaling $996,740. Creating Places of Vitality supports small arts organizations in rural and underserved communities, proposing new and expanded partnerships to implement placed-based projects in one of the following partnership goals: • Foster Attractive and Livable Neighborhoods and Communities; • Encourage Economic and Community Development; • Offer Greater Access to the Arts for Individuals, Families and Communities; and • Provide Safe, Creative Opportunities for Youth. State-Local Partnership The State-Local Partnership Program fosters arts and cultural development at the local level through a partnership between the California Arts Council and each participating county's designated local arts agency. The program will award 51 agencies, with grants ranging from $9,750 to $13,000, and a total program award of $591,422. Statewide Networks The council approved second year funding for 15 organizations that provide services to artists and arts organizations through communications, professional development opportunities, networking, and arts advocacy. Grants range between $12,000 and $20,000, with a total program award of $292,000 - an increase of $92,050 from last year's program. 3 7.3 Oct. 25, 2013 ·Issue #113 IN THIS ISSUE: Page 3: Upcoming Workshops, Board Meetings and Legislative Hearing Calendar Are Changes to the State Initiative Process on the Horizon? On the heels of an earlier report released Oct. 8, the Public Policy Institute of California (PPIC) held an event yesterday on California's initiative process. The panel discussion featured members representative of the three branches of government: Former Assembly Speaker Willie Brown (legislative), Former California Governor Gray Davis (executive) and Retired California Chief Justice Ronald George (juoicial). For more, see Page 2. •••••••••••••••••••••••••••••••••••• What to Expect at Two League Educational Events in December Deadline to Register - Nov. 12 The League of California Cities offers annual educational training opportunities for the various departments within the organization. There are two conferences coming up this December, the Municipal Finance Institute and the City Clerks New Law & Elections Seminar. Below is a preview of a couple of sessions that will be offered at each. Reserve your spot now to make sure you don't miss out on these premier events. For more, see Page 2. •••••••••••••••••••••••••••••••••••• City Managers' Department Meeting Registration Now Open Registration for the 2014 City Managers' Department Meeting is now open. The conference and hotel registration deadline is Tuesday, Jan. 14. This year's meeting will take place Wednesday Friday, Feb. 5 - 7, at the Hyatt Regency Long Beach. For more, see Page 2. 'PPIC' Continued from Page 1... PPIC Initiative Reform Survey Finds Overall Positive Outlook PPIC's recent survey report polled voter opinion of the state's initiative process and reform proposals. Overall, the report found that voters have a positive view of the initiative process but would like to see modest reforms. According to results, 72 percent of adults polled believe it is a "good thing a majority of voters can make laws and change public policies by passing initiatives" - a sentiment consistent with PPIC poll results from previous surveys. When asked about reform, participants signaled their willingness for some moderate reforms. Pluralities of voters for years have shown support for increased legislative involvement in the process. PPIC found that 78 percent of likely voters support implementing a time frame for the Legislature and initiative sponsors to confer and seek a compromise solution before placing measure on ballot. But when it comes to allowing the Legislature to amend approved initiatives after a certain number of years, however, likely voter support drops to only 36 percent. Non-legislative related reform proposals presented to survey participants received overall high marks. Of such reform proposals, the PPIC found the following results: • 84 percent of likely voters support increasing public disclosure of ballot measure funding sources for both proponents and opponents; • 75 percent of likely voters support giving more time to initiative signature gathering qualification efforts if they only use volunteers and not paid gatherers; • 69 percent of likely voters support the creation of an independent citizen's initiative commission charged with evaluating and reviewing measures in a series of public forums prior to ballot placement; and • 64 percent of likely voters support allowing voters to renew initiatives after a number of years. PPIC concluded from its survey results that voters want three things: increased transparency in campaign finances, increased legislative involvement and more public outreach and education to increase participation. Political Heavyweights Debate the Issues Several questions were posed to the panel with each offering very distinct viewpoints during the course of the discussion. When asked about his overall opinion, Gov. Davis said the ballot process was the "rules of the road" when trying to navigate the system. The process in his opinion has improved California governance overall, but can sometimes be more of an issue than solution. He mentioned how the passage of a recent budget related ballot measure (Proposition 25 from 2010) has altered and brought more urgency to the legislative environment when it comes to passing an on time budget. Chief Justice George stated the process can become convoluted when issues emerge requiring court intervention. He pointed to examples of dueling ballot measures, constitutionality issues, violations of the single-subject rule and how voters don't always understand that the court's job is to uphold and protect the voters original will when it overturns proposals. He also spoke to issues related to how voters may not adequately comprehend the massive impact passing certain measures may have on present and future policies. Speaker Brown expressed his opposition to the system stating that the process completely disregards the value and involvement of directly elected representatives. His argument centered on how elected representation is at the heart of democracy and by allowing initiatives to negate that allows for the passage of unchecked policies. Speaker Brown argued the process has yielded inconsistent policies and ties the hands of the Legislature by imposing conflicting voting requirements. 2 Even though all three expressed differing opinions, there was consensus in terms of reforming the system. They all agree that reforms must be made to ensure constitutionality, sanctity and legislative partnership within the initiative process. It appeared as though the panel agreed with several PPIC reform recommendations such as transparency in financial disclosure, increased voter education and outreach on proposed measures, and moderate legislative involvement and oversight. Although a ballot initiative seeking such reforms is yet to materialize, it's clear that both voters and political officials both agree that change, however moderate, is of paramount importance. 'League Events' Continued from Page 1... Municipal Finance Institute This year's Municipal Finance Institute, Dec. 4 - 5, at the Hyatt Regency Mission Bay, San Diego, will feature a multitude of learning opportunities for attendees. Here are two of the most anticipated sessions for 2013: • Sales & Use Tax Collection: Discovering Trends and Leave with Strategies o Special Guest Speaker: Betty Yee, board member, State Board of Equalization. Sales and use tax revenues are vital to local governments. What are the revenue trends for the short, mid and long term? What does the future hold for local sales and use tax revenues? How will the collection of sales and use tax from e commerce effect our tax base? What can be done to ensure that your city receives the tax revenue that is due? Discover trends and leave with strategies to implement in your city. • City Fiscal Health: What We've Learned and the League's New Diagnostic Tool o What have we learned from the experiences in Vallejo, Stockton, Bell and elsewhere? What are best practices and those to avoid? What are the signs of fiscal distress? Hear stories and lessons from those involved and learn about the League's new Fiscal Health Diagnostic Tool that can help you identify and communicate your city's fiscal condition. City Clerks New Law & Elections Seminar In addition to the Brown Act, FPPC and Elections and New Law updates offered at this year's New Law & Elections Seminar, there are additional "not to be missed" sessions that will provide an even more beneficial learning experience. Here are a few session summaries that highlight what you have to look forward to this December: • Transparency Strategies: Websites and Beyond o Local agencies and their officials need to enjoy the public's trust and confidence to tackle the difficult issues of the day. Part of this trust and confidence comes from the public's sense the agency is forthcoming with information and has nothing to hide. Receive insight on experiences using websites and other tools to share information proactively with the public - before the public's interest takes the form of a Public Records Act request. • Customer Service - Taking it to the Extreme o City Clerks are in the customer service business. Explore the important principles of providing excellent customer service: service, attitude, consistency and teamwork. Anticipate a fun, interactive presentation incorporating Bob Farrell's principles of customer service and just "Give 'em the pickle". Register online by Nov. 12 at www.cacities.org/events and select "Municipal Finance Institute" or "City Clerks New Law & Elections Seminar." It is possible to register onsite after Nov. 12. 3 'City Managers' Continued from Page 1... Featured keynote speakers include: • Liz Wiseman, bestselling author, speaker and executive advisor, Wiseman Group • Bob O'Neill, executive director, International City/County Management Association • Marty Brounstein, author/speaker, "Two Among the Righteous Few. n Other session topics such as crisis communication tips, tactics and tools will be discussed along with innovative budgeting tools, impacts of realignment and diagnosing your city's fiscal health and more. Full registration includes electronic access to all program materials, admission to all sessions, Wednesday reception, Thursday lunch and Friday breakfast. Register online, go to and select "City Managers Department Meeting" or contact Megan Dunn for any registration questions. Upcoming Workshops, Board Meetings and Legislative Hearing Calendar Assembly Committee Hearings The Assembly Select Committee on Sea Level Rise and the California Economy and Select Committee on Ports will hold a joint hearing Friday, Oct. 25, 1:00 - 5:00 p.m. at the Aquarium of the Pacific in Long Beach to discuss the impact of sea level rise on California's infrastructure. The Assembly Committee on Housing and Community Development and Committee on Banking and Finance will hold a joint oversight hearing Tuesday, Oct. 29, 10:00 a.m. - 12:00 p.m. at the Alhambra City Hall City Council Chambers to discuss the progress of the Keep Your Home California Program. The Assembly Committee on Labor and Employment will hold a hearing Tuesday, Oct. 29,9:30 a.m. - 12:00 p.m. at the San Francisco City Hall Room 400 to discuss workplace safety issues and the Bay Area Rapid Transit District. The Assembly Committee on Jobs, Economic Development and the Economy will hold an oversight hearing Wednesday, Nov. 6, 10:00 a.m. at Riverside City Hall to discuss the role of trade and foreign investment on the Inland Empire's regional economy. Senate Committee Hearings The Senate Committee on Transportation and Housing will hold an informational hearing Wednesday, Nov. 13 at 10:00 a.m. at the State Capitol, Room 4203 to discuss how to save the state billions and improving megaproject outcomes. Note: Hearing may be televised on www.calchannel.com. California Department of Toxic Substances Control (DTSC) DTSC will be convening a Clearinghouse Task Force meeting to guide, strategize and continue efforts to improve communications for the Topock project. The meeting will be held on Tuesday, Nov. 19 in Henderson, NV from 10:00 a.m. - 3:00 p.m. For more information, contact Karen Baker (714) 484-5423 or visit event website. Air Resources Board (ARB) ARB will hold a public hearing Thursday, Dec. 12, 9:00 a.m., to consider proposed greenhouse gas (GHG) regulations for medium- and heavy-duty engines and vehicles, optional reduced emission standards for heavy-duty engines, and amendments to the tractor-trailer GHG regulation, diesel-fueled commercial motor vehicle idling rule, and the heavy-duty hybrid-electric vehicles certification procedures. The hearing will be held at CalEPA building Byron Sher Auditorium in Sacramento. For more information, please visit the event website. 4 Governor's Office of Business and Economic Development (GO-Biz) Go-Biz will hold a free Disaster Readiness Workshop Thursday, Oct. 31, 8:30 - 11:00 a.m. at the Ontario Police Department. For more information and/or to RSVP, please see the event website. Go-Biz announces the free small business expo Thursday, Nov. 7,10:00 a.m. - 6:00 p.m. at the California Market Center in Los Angeles. For more information and/or to RSVP please see the event website. Board of Equalization (BOE) BOE will hold a Basic Sales and Use Tax Seminar Thursday, Dec. 5, 1:00 p.m. at the San Francisco District Office, Room 440. For more information and/or to RSVP, please see event website. 5 7.3 Oct. 31, 2013 Issue #114 IN THIS ISSUE: Page 4: Upcoming Workshops, Board Meetings and Legislative Hearing Calendar for Oct. 31 DON'T MISS OUT: Deadlines Quickly Approaching for Legislative Briefings The deadline to register for the League's 2013 in-person Legislative Briefing presentation is this Friday, Nov. 1. Registration for the webinar presentation will close at noon next Tuesday, Nov. 5. For more, see Page 2. •••••••••••••••••••••••••••••••••••• Emerging Issues: LAO Releases Analysis of Medical Malpractice Damage Increase Initiative, SOS Clears for Circulation One ballot battle shaping up for the November 2014 general election is a clash between consumer attorneys and a coalition of doctors, hospitals and insurance companies over proposed changes to the state's Medical Injury Compensation Reform Act (MICRA). For more, see Page 2. •••••••••••••••••••••••••••••••••••• Covered California Requests City Help in ACA Implementation In a letter to California city mayors last week, Covered California Executive Director Peter V. Lee asked for city assistance in ensuring "that everyone ... has access to affordable, quality healthcare." For more, see Page 3. 'Legislative Briefing' Continued from Page 1... During this year's Legislative Briefing, League lobbyists will be discussing new laws adopted during the 2013 legislative year, with an emphasis on laws of most interest to cities. League lobbyists will also share their perspective on coming issues for 2014, including efforts to increase transportation funding, lower local voter thresholds, the water bond, medical marijuana, labor and human resources and post-RDA infrastructure and development tools. Registration The registration cost for League members and Partners is $25 for either the in-person or webinar briefing. For non-members, the cost is $325 for the in-person briefing and $125 for the webinar. Register online at http://www.cacities.org/Education-Events/Legislative-Briefings. 'MICRA' Continued from Page 1... The ballot initiative, entitled the "Troy and Alana Pack Patient Safety Act of 2014," seeks to increase the state's medical malpractice damage limits capped under MICRA. Recently, the nonpartisan Legislative Analyst Office (LAO) released its analysis of the measure followed by the Secretary of State (SOS) authorizing proponents to begin gathering signatures for ballot qualification. The measure will do the following: • Require physicians be subject to random drug and alcohol testing and send positive results to the California Medical Board. The Medical Board would then be charged with administering disciplinary actions. • Require physicians to report other physicians they suspect of using drugs or alcohol while on the job. • Require the suspension of any physician who refuses testing or tests positive for drugs or alcohol pending investigation. • Require prescription oversight for Schedule \I and Schedule III drugs by requiring physicians consult the Controlled Substance Utilization Review and Evaluation System (CURES) when prescribing such drugs to see if patient already has a prescription. • Increase and adjust for inflation the current $250,000 Medical Injury Compensation Reform Act (MICRA) cap on non-economic damages in medical negligence lawsuits. In order to qualify for the 2014 general election, the initiative must garner 504,760 valid signatures by March 24,2014. California's Existing Medical Malpractice Cap (MICRA) Signed by Gov. Jerry Brown during his first term as Governor, the 1975 MICRA law was created during a special legislative session to address increasing medical liability costs. Legislation was enacted and implemented via the following California law code sections: • Business and Profession Code 6146 • Civil Code 3333.1 & 3333.2 • Code of Civil Procedure 667.7 California was the first in the nation to pass such a cap on non-economic medical malpractice damages. Since then, 31 other states have adopted similar caps. On the higher end of caps, Virginia has a gradually increasing cap that now stands at $2.15 million and adheres to a fee schedule. States like Oregon, Florida and Illinois cap medical malpractice non-economic damages between $500,000 and $1 million. However, most tend to be on the lower end of the cap limits with around 15 states having caps ranging from $250,000 to $400,000. Only 18 states currently do not have any limitations. Five Things to Know About MICRA 2 The following is a breakdown of the five most important components of the California MICRA law: • Non-economic damages are capped at $250,000. Such claims include non-monetary losses like pain, suffering and emotional distress, and loss of enjoyment of life due to injury. However, MICRA does not place a cap on monetary based economic damages awarded by a court in a civil suit to someone found wrongfully injured. These claims include lost wages, potential earnings, present and future medical costs, and medical care support needs. • Allows for disclosure of the amount of damages already paid to plaintiff. For example, if an insurer has already paid a significant amount of damages, the defendant or defendant's attorney may reveal such information to the jury. • Places strict limitations on the attorney contingency fees in medical malpractice cases, or fees paid to an attorney when the result is favorable. • Statute of limitations on when claims can be filed and provides for damage installment payments. • Provides for binding arbitration to settle claims before going to court. LAO's Evaluation of Effects on State and Local Government According to LAO's evaluation, should the measure pass it is "likely to have a wide variety of fiscal effects on state and local governments." Should malpractice costs go up, LAO anticipates that employers' costs would also rise. Under an assumption that 2 percent of state and local government healthcare spending goes towards malpractice costs, LAO projects the malpractice portion of state, local government and provider costs could increase 10 percent; resulting in an overall 0.2 percent increase in healthcare spending. Due to "uncertainty surrounding these assumptions," the LAO projects potential costs ranging from the "low tens of millions of dollars to over one hundred million dollars annually." The review found potential, however uncertain, cost increases to local governments associated with changes in available policies and health care services. These changes would result from providers and/or physicians reducing the amount of services they provide in order to avoid or lower their probability of being sued for malpractice. In this case, LAO believes that health care premium costs could increase. LAO estimates that if health care costs increase 0.3 percent, state and local governments could see cost increases anywhere from "relatively minor to the hundreds of millions of dollars annually." If the measure is approved, LAO predicts that there may be a slight change in local revenues as well. LAO claims that higher health care premiums may result in lower expendable consumer income and therefore lower taxable retail sales. Unlike previous cost increase projections, however, LAO estimates the change in local tax revenue "is not likely to be significant." No Current League Position on MICRA or Pending Initiative Currently the League does not have a position on the ballot measure or policies pertaining to MICRA. The League has a policy of reviewing, analyzing and presenting ballot measures to appropriate policy committees and the board of directors only after they have qualified for the ballot. Given its policies regarding local government costs, the League will continue to monitor the initiative's progress and follow policy procedure should it qualify next March. 'Covered California' Continued from Page 1... Lee invited cities to participate and adopt "Covering Every City" type resolutions declaring Nov. 16 or any day or month thereafter devoted to education about enrolling in Covered California. After passing a city resolution, Covered California will assist partnering cities with outreach and healthcare enrollment efforts. The organization will offer support by matching cities with groups already providing education and enrollment outreach within their respective jurisdictions. Partnering cities will also receive a local toolkit providing additional assistance and resources. 3 Cities interested in joining the effort are encouraged to contact Diane Stanton with Covered California. Background on Covered California The roll out t of Covered California began Oct.1 aligned with policies enacted under the Patient Protection and Affordable Care Act (ACA). The California Health Benefit Exchange was created after Congress adopted ACA. The agency is charged with overseeing the implementation of ACA and providing a fair marketplace for consumers to purchase health insurance. An extension agency under the Exchange, "Covered California" was created to serve as California's leading healthcare insurance marketplace and assist Californians with purchasing health insurance under the new federal law. The enrollment period for Covered California closes March 31, 2014. Get Involved Covered California's Board meetings are listed on the Health Benefit Exchange 2013 Board Calendar where agendas and meeting webcasts are available. Covered California encourages the public to participate in board meetings by either attending or watching the presentation webcasts. The following dates remain on the board's calendar for 2013: • Thursday, Nov. 21: East End Complex, Sacramento • Thursday, Dec. 15: East End Complex, Sacramento Upcoming Workshops, Board Meetings and Legislative Hearing Calendar for Oct. 31 A numberof workshops, hearings and board meetings are being heldduring the nextfew months thatmay be of interestto city officials. Check out the full story to see if any of these upcoming events areof interest to you and your city. Assembly Committee Hearings The Assembly Committee on Jobs, Economic Development and the Economy will hold an oversight hearing Wednesday, Nov. 6 at 10:00 a.m. at Riverside City Hall to discuss the role of trade and foreign investment on the Inland Empire's regional economy. Senate Committee Hearings The Senate Committee on Transportation and Housing will hold an informational hearing Wednesday, Nov. 13 at 10:00 a.m. at the State Capitol Room 4203 to discuss how to save the state billions and improving megaproject outcomes. Note: Hearing may be televised on www.calchannel.com. California Department of Toxic Substances Control (DTSC) DTSC will be convening a Clearinghouse Task Force meeting to guide, strategize and continue efforts to improve communications for the Topock project. The meeting will be held on Tuesday, Nov. 19 in Henderson, NV from 10:00am to 3:00 p.m. For more information, contact Karen Baker (714) 484-5423 or visit event website. California Air Resources Board (CARB) CARB is offering the following free training courses to help diesel and large spark-ignition (LSI) vehicles owners, operators, fleet managers, brokers, dealers, and maintenance personnel understand new requirements and technologies for complying with California's diesel vehicle regulations: In-Use Off-Road Vehicle Regulation Traininq Nov. 7, Salinas, 9:00 to 12:00 p.m. Dec. 5, San Diego, 900 to 1200 p.m. 4 Large Spark-Ignition Fleet Regulation Training Nov. 7, Salinas, 1:00 to 3:00 p.m. Dec. 5, San Diego, 1:00 to 3:00 p.m. Diesel Exhaust After-Treatment Devices Nov. 20, West Sacramento, 8:30 to 3:30 p.m. Dec. 4, San Diego, 8:30 to 3:30 p.m. How to Comply with CARB Diesel Regulations Nov. 18, Sacramento and Webinar, 1:00 to 4:00 p.m. How to Evaluate CARB Verified Diesel Particulate Filters (Presented by CleanFleets.net) Nov. 14, Redding, 4:30 to 6:30 p.m. Nov. 20, Fontana, 4:30 to 7:00 p.m. Nov. 21, Fresno, 4:30 to 7:00 p.m. (CleanFleets.net has been selected by the California Air Resource Board to conduct 100 training events for diesel vehicle owners. These informative sessions will commence in January 2012 and will be focused on providing rule compliance information in layman's terms while giving practical advice on how to report and comply. Presenter Sean Edgar has over a decade of experience in this subject matter.) CARB will hold a public hearing Thursday, Dec. 12 at 9:00 a.m. to consider proposed greenhouse gas (GHG) regulations for medium- and heavy-duty engines and vehicles, optional reduced emission standards for heavy-duty engines, and amendments to the tractor-trailer GHG regulation, diesel-fueled commercial motor vehicle idling rule, and the heavy-duty hybrid-electric vehicles certification procedures. The hearing will be held at CalEPA building Byron Sher Auditorium in Sacramento. For more information, please visit the event website. Governor's Office of Business and Economic Development (GO-Biz) Go-Biz will hold a free Disaster Readiness Workshop Thursday, Oct. 31 from 8:30 to 11:00 a.m. at the Ontario Police Department. For more information and/or to RSVP, please see the event website. Go-Biz announces the free small business expo Thursday, Nov. 7 from 10:00 to 6:00 p.m. at the California Market Center in Los Angeles. For more information and/or to RSVP please see the event website. Board of Equalization (BOE) BOE will hold a Basic Sales and Use Tax Seminar Thursday, Dec. 5 at 1:00 p.m. at the San Francisco District Office Room 440. For more information and/or to RSVP, please see event website. California Transportation Commission The Commission will hold an Active Transportation Program Workshop Wednesday, Nov. 13 from 1:00 to 3:00 p.m. at Oracle, Room 8094 in San Jose. Pursuant to recently signed SB 99 and AS 101 the workshop will include representatives of government agencies and stakeholders with expertise in pedestrian and bicycles issues including the Safe Routes to Schools Program. The purpose of the workshop is to provide guidance in several areas such as the development of program guidelines, schedules, procedures, selection criteria and evaluation. Because seating space at the meeting locations is limited, the Commission is providing a call in option for those preferring to participate remotely: Phone number: 636-651-3128 / Participant code: 254585. In order to coordinate access to this facility please contact Doug Remedios by Friday Nov. 8 if you plan on attending this meeting in person either by email or 916-654-4245. For more information, please see the Commission's workshop notice. 5 The Commission will hold a number of meetings to discuss, consider and vote on pertinent topics and issues. The meeting schedule is as follows: Dec. 11-12: Riverside County Administration BUilding, Supervisors" Chambers For more information and meeting agendas, please see the 2013 meeting event website. The 2014 meeting schedule is as follows: • Jan. 30: Northern California State Transportation Improvement Program Hearing o Location: Sacramento • Jan. (TBD): California Transportation Founding, Annual Transportation Forum o Location: Sacramento • Feb. 4: Southern California State Transportation Improvement Program Hearing o Location: TBD • March 21: Commission Retreat o Location: Orange County • April 7-8: Town Hall Meeting o Location: TBD • May (TBD): California Transportation Foundation, Annual Transportation Awards o Location: Sacramento For more information and meeting agendas as they become available, please see the 2014 meeting event website. 6 City Clerk Date Stamp MEETING: 11/12/13 ITElYl NO: 8.1 , , • 'I' I I i" Y The valleyofopportulIity CENTENNIAL 'r. ~"'tt,., o' ~v TO: Mayor Pro Tem and City Council ""Orporatc\,.\'*" FROM: Councilmember Ambrose SUBJECT: Council Activities Report RECOMMENDATION: That the City Council accept and file the following report of CouncillMayor 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 behalfofthe City ofEl Cajon: November 1, 2013 City Manager Meeting November 1, 2013 Women in Leadership, Chamber Event November 2, 2013 Baskin & Robbins Grand Reopening on 2nd Street November 9,2013 Marine Corps Ball Guest Speaker November 11,2013 ECEDC Board Meeting November 12,2013 - Council Meeting 3:00 PM I will be happy to answer any questions you may have. SUBMITTED. BY, ! 1 City Clerk Date Stamp MEETING: 11112/13 FICE OF ITEl\tl NO:.__--=-~9.1 n:~ Ci-\ TO: Mayor Pro Tern and City Council FROM: Councilrnernber Kendrick SUBJECT: Council Activities Report RECOMMENDATION: That the City Council accept and file the following report of CouncillMayor activities attended during the current agenda period. BACKGROUND: Government Code Section 53232.3(d) requires members of a legislative body to provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. REPORT: Since the last City Council meeting, I have attended the following events on behalfof the City ofEl Cajon: October 24, 2013 Heartland Communication Facility Authority Meeting November 1, 2013 Meeting with City Manager November 2, 2013 Meeting wI Monsignor of Syriac Catholic Church November 12, 2013 - City Council Meeting at 3:00 p.m. I will be happy to answer any questions you may have. SUBMITTED BY, ) . ,/ /;:.. / ~/,," ,-) I L)L~~,·t..'7 /--i:' Jl0D );2{( Gary K¢ndrick.., Councilrnernber 1 City Clerk Date Stamp MEETING: 11/12/13 ITEM NO: 10.1 TheValleyojOpportllllif)' CENTENNIAL . {;~ . ~(f; ~7 ,"J"-"> G TO: Mayor Pro Tem and City Council rVoralc 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 briefreports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. REPORT: Since the last City Council meeting, I have attended the following events on behalfof the City of EI Cajon: November 2, 2013 Baskin-Robbins Grand Opening - Second Street November 9, 2013 KaBOOMl Playground Building Project - Bostonia Park November 12, 2013 - City Council Meeting at 3:00 p.m. I will be happy to answer any questions you may have. SUBMITTED BY, Bob McClellan Councilmember 1