Draft Minutes of the Joint Meeting between EI Cajon City Council and Housing Authority, Lecture notes of Law

Download Draft Minutes of the Joint Meeting between EI Cajon City Council and Housing Authority and more Lecture notes Law in PDF only on Docsity! 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.rn, - 8:00 p.m., Friday & Saturday 9:30 a.m, ­ 5:00 p.m., and Sunday 12:00 - 5:00 p.m. SUPPLEMENTAL AGENDA ITEM DOCUMENTS AND/OR MATERIALS RECEIVED AFTER POSTING OF THIS AGENDA, IF ANY, MAY BE VIEWED IN THE CITY CLERK'S OFFICE AT 200 CIVIC CENTER WAY, EL CAJON, MONDAY THROUGH THURSDAY, 7:30 A.M. TO 5:30 P.M. AND ON ALTERNATE FRIDAYS FROM 8:00 A.M. TO 5:00 P.M. FOR A SCHEDULE OF FRIDAY CITY HALL CLOSURES, VISIT WWW.CITYOFELCAJON.US OR CALL THE CITY CLERK'S OFFICE AT (619) 441-1763. AJ DA CENTENNIAL .~ • ~~~. ('oJ-PorateG'\: Honoring and celebrating the people who make El Cajon The Valley of o ortunity The Valley ofOpportunity February 12, 2013 ITY City Council/Housing Authority/ Successor Agency to the RedevelopmentAgency Mark Lewis .Mqyor Nancy Palm Depury Ciry Manager Director ofFinance Morgan Foley· Ciry Attornry Kathie Rutledge Ciry Clerk ITEMS: (1.1 -1.15) *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 EI Cajon Redevelopment Agency approve Minutes of the January 22, 2013, Meetings of the EI Cajon City Council/Housing Authority/Successor Agency to the EI Cajon Redevelopment Agency. 1.2 WARRANTS RECOMMENDATION: That the City Council approve payment of Warrants as submitted by the Finance Department. 1.3 APPROVAL OF READING BY TITLE AND WAIVER OF READING IN FULL OF ORDINANCES ON AGENDA RECOMMENDATION: That the City Council approve the reading by title and waive the reading in full of all Ordinances on the Agenda. *1.4 COMMUNITY EVENT IN THE RIGHT-OF-WAY: RunEC HALF­ MARATHON (Report: Deputy City Manager/Director of Finance) RECOMMENDATION: That the City Council concur with the City's Special Events Committee and approve the request for a Community Event in the right-of-way to be held on Sunday, March 17, 2013, with conditions listed in Agenda Report. Joint Meeting: EI Cajon City Council/ Housing Authority/Successor Agency to The EI Cajon Redevelopment Agency -2- February 12, 2013 3:00 p.m. n *1 NEW CLASSIFICATION SPECIFICATION AND ""''"'',....,.,., FOR EMERGENCY MEDICAL TECHNICIAN (Report: Director of Human Resources) RECOMMENDATION: That the City Council approve the proposed classification specification and salary range of 59.2 ($12.31 - $15.00 per hour) for Emergency Medical Technicians in accordance with the adopted Fiscal Year 2012-13 Budget. *1.6 RESOLUTION: AWARD OF BID NO. 015-13, MOTOR VEHICLES (Report: Purchasing Agent) RECOMMENDATION: That the City Council adopt the next RESOLUTION in order and award the bid to the lowest responsive, responsible bidders, Raceway Ford for the Ford F-250s and Ford Explorers in the amount of $200,767.53, and Winner Chevrolet for the Chevrolet Impalas and Chevrolet Traverse in the amount of $74,291.15. *1.7 OCTOBER - DECEMBER 2012 QUARTERLY TREASURER'S REPORT (Report: Deputy City Manager/Director of Finance and Treasurer) RECOMMENDATION: That the City Council receive the quarterly Treasurer's Report for the quarter ending December 31,2012. *1.8 REALIGNMENT OF STAFFING IN THE CITY MANAGER'S OFFICE AND OTHER DEPARTMENTS; REVISIONS TO COUNCIL POLICY A-29 RE: COMPENSATION FOR EXECUTIVES, ET AL CLASSIFICATION SPECIFICATIONS FOR ASSISTANT CITY MANAGER (Report: City Manager) RECOMMENDATION: That the City Council approve: 1) The elimination of the Deputy City Manager/Director of Public Works and the Director of Community Development positions; 2) The addition of one Assistant City Manager and one Assistant to the City Manager position; 3) The corresponding changes and some technical changes to Council Policy A­ 29; and 4) The revisions to the classification specifications for the Assistant City Manager classification. Joint Meeting: EI Cajon City Council/ Housing Authority/Successor Agency to The EI Cajon Redevelopment Agency -3- February 12, 2013 3:00 p.m. \.",UII'I>:'l,cNT ITEMS: (Contin *1.9 RESOLUTION: AWARD OF BID NO. 011~13, INTERSECTION IMPROVEMENTS AT JAMACHA ROAD AND EAST MAIN STREET FEDERAL-AID PROJECT - HSIP 5211 (022), Engineering Job No. 3402 (Report: Purchasing Agent) RECOMMENDATION: That the City Council * Appropriate $100,000.00 from TransNet Capital Improvement Projects Fund 503 to augment the original budget for Intersection Improvements at Jamacha Road and East Main Street, Project PVV3402 in Budget Activity Number 550000; and * Adopt the next RESOLUTION in order and award the bid to the lowest responsive, responsible bidder, Just Construction, Inc., In the amount of $339,000.00. *1.10 RESOLUTIONS: APPROVAL OF PLANS AND SPECIFICATIONS FOR BUS STOP IMPROVEMENTS 2012, Bid No. 018-13, Engineering Job No. 3446 (Report: Deputy Director of Public Works) RECOMMENDATION: That the City Council adopt the next RESOLUTIONS in order to approve the Plans and Specifications and direct a Notice Inviting Sealed Bids to be opened on March 14,2013. *1.11 SECOND AMENDMENT TO SUBDIVISION AGREEMENT FOR TENTATIVE SUBDIVISION MAP (TSM) 544- 436 Emerald Avenue Engineering Job No. 2913 (Report: Deputy Director of Public Works) RECOMMENDATION: That the City Council approve a second amendment to the Subdivision Agreement for TSM 544, Final Map No. 15666, approved by the City Council on December 18, 2007, to allow for an additional time extension, setting the new expiration date to December 27, 2013. Joint Meeting: EI Cajon City Council/ Housing Authority/Successor Agency to The EI Cajon Redevelopment Agency -4- February 12, 2013 3:00 p.m. ACTIVITI MAYOR SANDAG (San Diego Association of Governments); SANDAG (Chair, Public Safety Committee); LAFCO (Local Agency Formation Commission) - Member; Indian Gaming Local Community Benefit Committee. *6.1 County of San Diego City Selection Committee - Minutes for Special Meeting of January 14, 2013 *6.2 league of California Cities San Diego Division - Agenda for Executive Committee Meeting of January 14, 2013 *6.3 SANDAG Public Safety Committee Agenda ~ January 18, 2013 *6.4 Indian Gaming local Community Benefit Committee - January 23, 2013 *6.5 SANDAG Board of Directors Agenda - January 25, 2013 *6.6 local Agency Formation Commission Agenda - February 4, 2013 7. ACTIVITIES REPORTS COUNCILMt:Mt~ERS 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 *7.2 RED LIGHT CAMERA PROGRAM RECOMMENDATION: That the City Council direct the City Manager to bring back information at the earliest possible time on the City's red light camera program, including information on possibly ending the program. In addition, it is recommended that the City Council set a Council Advisory Meeting for 2:00 p.m. on March 12, 2013, and another information session that same evening at 7:00 p.m. to gain input from the public. Joint Meeting: EI Cajon City Council/ Housing Authority/Successor Agency to The EI Cajon Redevelopment Agency -7- February 12, 2013 3:00 p.m. COUNCILMEMBER TONY AMBROSE Chamber of Commerce - Government Affairs; MTS (Metropolitan Transit System Board) - Alternate); East County Economic Development Council. *8.1 Council Activities Report 9. COUNCILMEMBER GARY KENDRICK Heartland Communications JPA; Heartland Fire Training JPA. *9.1 Council Activities Report 10. COUNCILMEMBER BOB McCLELLAN Harry Griffen Park Joint Steering Committee; Heartland Communications JPA ­ Alternate; MTS (Metropolitan Transit System Board). *10.1 Council Activities Report 11. LEGISLATIVE REPORT *11.1 League of California Cities Legislative Bulletins dated January 18, 22, 23, 24, 25, 28, February 1 and 4, 2013 - City Advocate Weekly 12. GENERAL INFORMATION ITEMS FOR DISCUSSION 13. ORDINANCES: FIRST READING ~ None 14. ORDINANCES: SECOND READING AND ADOPTION ~ None 15. CLOSED SESSIONS: None Joint Meeting: EI Cajon City Councill Housing Authority/Successor Agency to The EI Cajon Redevelopment Agency -8- February 12, 2013 3:00 p.m. ADJOURNM Regular Meeting of EI Cajon Housing Authority/Successor Agency the Cajon Redevelopment Agency held this 12 th day of 2013, adjourned to Tuesday, February 26, 2013, at 3:00 p.m, GENERAL INFORMATION: None tNo 'Evening :M.eeting Joint Meeting: EI Cajon City Councill Housing Authority/Successor Agency to The EI Cajon Redevelopment Agency -9- February 12, 2013 3:00 p.rn. Ten Years of Service Arana Park Maintenance Worker Public Works Bridger Jym Paramedic Firefighter Fire Cutting Jacob Police Officer Police Doyle Michael Police Officer Police Edwins Fire Engineer Fire Hawley Deputy City Clerk Martinez Public Works Maintenance Worker II Works Nevarez Joyce Senior Accountant Paz Heather Wilson Edmund Chasin Hartnett Fire Captain Fire Jepsen Patricia Utility Worker City Manager Hamma Thomas Fire Captain Fire Hemphill James Fire Captain Fire Michael Jinan Customer Service Representative Finance Palombo Paul Equipment Mechanic Public Works Joint Meeting: EI Cajon City Council and Housing Authority -18 ­ DRAFT MINUTES January 22, 2013 3:00 p.m. and 7:00 p.m. Public Works Equipment Operator Public WorksBoyle McClellan Miller Pickton Sue Walter City Council Member Twenty~Five Years of Service Police Sergeant Police Services Officer Communications Center Man -@r City Council .. e " Recognitions - "Crim re. Multi I~U ing rqg am" Introduction Teen ~'ti n D Presentat on -" ltru p27& Di .ease rev n ion Program" l~ ess IJ\~ 3:39 p.m. prior to last presentation.Ij Mee~~::alJed back to order at 3:45 p.m. AGENDA CHANGES: MOTION BY LEWIS, SECOND BY WELLS, to REMOVE ITEM 1.7 AS REQUESTED BY THE CITY MANAGER. MOTION CARRIES BY UNANIMOUS VOTE. Joint Meeting: EI Cajon City Council and Housing Authority -19 ­ DRAFT MINUTES January 22, 2013 3:00 p.m. and 7:00 p.m. CONSENT ITEMS: (1.1 - 1.11) MOTION BY LEWIS, SECOND BY WELLS to APPROVE Consent Items 1.1 to 1.5, and 1.8 to 1.11, pulling Item 1.6 as requested by a member of the public. (Item 1.7 removed under Agenda Changes). MOTION CARRIES BY UNANIMOUS VOTE. 1.1 MINUTES OF CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY TO THE EL CAJON REDEVELOPMENT AGENCY MEETINGS Approve Minutes of the January 8, 2013, meetings of the City Council/Housing Authority/Successor Agency to the EI Cajon Redevelopment Agency. 1.2 WARRANTS Approve payment of Warrants as submitted by the Finance Dep 1.3 APPROVAL OF READING BY TITLe--, ND OF ORDINANCES ON AGENDA f Approve the reading by title and wive tJeAre ding in full of all 0 dinances on the Agenda. . D lJ REORG.A I A I N" 1. 3 CR -1075 East Washington Avenue (Report: i Irk) Adopt RESOLUT ON 0.7-13 approving the annexation of 1.93 acres. 1.5 RESOLUTION: AWARD OF BID NO. 010-13 - ELEVATOR MAINTENANCE AND REPAIR (Report: Purchasing Agent) Adopt RESOLUTION NO. 8-13 awarding the bid to the lowest responsive, responsible bidder, Ascent Elevator Services, Inc., in the estimated amount of $25,000 for the initial one year term, with four optional one-year terms. 1.6 PULLED FOR DISCUSSION. Joint Meeting: EI Cajon City Council and Housing Authority -20 ­ DRAFT MINUTES January 22, 2013 3:00 p.m. and 7:00 p.m. PUBLIC COMMENT: (Continued) Marna McClure, representing Downtown EI Cajon Business Partners, provides an update on the 2013 calendars for car shows from April 24th through September 25th and concerts from May 3rd through September 2ih , and invites the public to participate in these events. Mayor Lewis congratulates Sunshine Horton on being nominated Citizen of the Year. Sunshine Horton speaks on staying positive and helping each other in the community. Councilmember McClellan reads about Presidential Inaugurations of years past. Mayor Lewis comments on a City Government item from the Upcoming Events page. 2. WRITTEN COMMUNICATIONS: None 4. ADMINISTRATIVE R 3. PUBLIC HEARINGS: None 5. 5.1 RECOMMENDA I Public Safety Fa ilit That the City Council accept the annual Report from the inancing Oversight Committee. DISCUSSION Rod Smith, Chair of the Oversight Committee, acknowledges the outstanding services provided by Holly Reed-Falk and Nancy Palm. He reports the committee is moving forward with the Animal Shelter project, and requests acceptance of the annual report. MOTION BY LEWIS, SECOND BY KENDRICK, to APPROVE ITEM 5.1 AND ACCEPT THE REPORT. MOTION CARRIES BY UNANIMOUS VOTE. Joint Meeting: EI Cajon City Council and Housing Authority -23 ­ DRAFT MINUTES January 22, 2013 3:00 p.m. and 7:00 p.m. 6. ACTIVITIES REPORTS OF MAYOR LEWIS SANDAG (San Diego Association of Governments); SANDAG (Chair, Public Safety Committee); LAFCO (Local Agency Formation Commission) - Member; Indian Gaming Local Community Benefit Committee 6.1 SANDAG Board of Directors Agenda - December 21, 2012 6.2 SANDAG Board of Directors Agenda - January 11, 2013 REPORTS AS STATED. ACTIVITIES REPORTS OF COUNCILMEMBERS 1. MAYOR PRO TEM BILL WELLS League of California Cities, San Diego Division; METRO Commission astewater JPA; East County Economic Development Council - Alternate; S (San Diego Association of Governments) - Alternate; Heartland Fire Tr inin JPA - Alternate 1.1 Council Activities Report REPORT AS STATED. Transit System 9. GOUNCILMEMBER GARY KENDRICK Heartland Communications JPA; Heartland Fire Training JPA. 9.1 Council Activities Report REPORT AS STATED. In addition, Councilrnembor Kendrick adds that he met with the City Attorney on January 18th and participated in a Police ride­ along on January 19th . Joint Meeting: EI Cajon City Council and Housing Authority -24 ­ DRAFT MINUTES January 22, 2013 3:00 p.m. and 7:00 p.m. DEEMED APPROVED TYPE ORDINANCE ~ OFF-SITE SALES LIQUOR LICENSES RECOMMENDATION: That the City Council direct staff to conduct a full review of the City's current policies and ordinances pertaining to liquor sales, focusing on off­ site sales. In particular Councilmember Kendrick is recommending that staff analyze the appropriateness and potential value of the City adopting a Deemed Approved type ordinance. DISCUSSION Councilmember Kendrick provides a summary of a Deemed Approved Ordinance and explains he would like to address problems with off-site sales liquor licenses, including the following considerations: elling alcohol to .:ersonnel 4\. Limiting signage on liquor store windows; ~ Charging a fee to enforce the ordinance similar to the tobacco ordinance for full cost recovery; @ Banning single sale malt liquor; ~ Banning fortified wine with greater than 15% ale ~ Banning new liquor outlets; III Limiting liquor in SP 182 and buffer z .. Talking with Police Department ab ut what make an ordinance wor ; h Oil Instituting severe pen It~1 r no - plian serial inebri t s; LI. e Conductin perio ic sting op ratio~, Katherine Webb, r~~d nt O;~~2\ty of E Cajon, speaks in support of the Deemed Approved Ordina c~ elp jP~ Cit clean and free of problems. Mayor Lewis a ks C ty A torney Foley whether signage regulations could be implemented for wi ows of liquor stores. City Attorney Foley responds that no CUPs (conditions use permits) could be revoked. Lorraine Gonzalez speaks in support of the ordinance and provides samples of how alcohol is marketed to entice the youth. Dana Stevens thanks the City for being proactive in moving forward to adopt an ordinance. Councilmember Wells recalls that liquor stores were supposed to have been self­ regulating, single serving sales. They complied for a while but they have all gone back to doing what they were doing previously. Joint Meeting: EI Cajon City Council and Housing Authority -25 ­ DRAFT MINUTES January 22, 2013 3:00 p.m. and 7:00 p.m. JOINT MEETING OF THE CAJON CITY COUNCIL/HOUSING AUTHORITY/ SUCCESSOR AGENCY TO THE EL CAJON REDEVELOPMENT AGENCY MINUTES CITY OF EL CAJON EL CAJON, CALIFORNIA January 22, 2013 ro e, endrick, and McClellan on ells Lewis Rutledge, City Clerk/Secretary Foley, City Attorney/General Counsel Williford, City Manager Absent, Deputy Director of Public Works Absent, Planning Manager An Adjourned Regular Joint Meeting of the City Council/Housin uth I rity/Successor Agency to the EI Cajon Redevelopment Agency of the ',ty 0 EI Jon, California, held Tuesday, January 22, 2013, was called to orde v-Mayo h ir Mark Lewis at 7:00 p.m., in the Council Chambers, 200 Civi Cente ~ EI Caj n, California. This meeting was adjourned from the Adjourne R gular 0 Meetin eld at 3:00 p.m., Tuesday, January 22, 2013, by or er of th Cit Cou cil/H using u hority/Successor Agency to the Redevelopmen gen y. A ROLL CAL D Council/Agency e~~r Council/Agency e b r Mayor Pro Tem ic h Mayor/Chair pres nl: Other Officers pr sent: PLEDGE OF ALLEGIANCE TO FLAG and MOMENT OF SILENCE. (The Courts have concluded that sectarian prayer as part of City Council meetings is not permitted under the Constitution) AGENDA CHANGES: None PUBLIC COMMENT: None Joint Meeting: EI Cajon City Council and Housing Authority -28 ­ DRAFT MINUTES January 22, 2013 3:00 p.m. and 7:00 p.m. 100 INTERVIEWS FOR COMMISSION AND COMMITTEE VACANCIES (Report: City Clerk) RECOMMENDATION: That the City Council conduct interviews for positions on City Commissions and Committees, and appoint applicants to serve appropriate terms. PERSONNEL COMMISSION One Commissioner to be appointed by the City Council directly. One four-year term to expire January, 2017 Applicant: Mary Thigpen (Incumbent) (Resident) DISCUSSION An interview was conducted with Mary Thigpen. MOTION BY LEWIS, SECOND BY KENO Mary Thigpen to the Personnel Commission f r a January, 2017. PLANNING CO One Commission One four-year ter Applicants: DISCUSSION Interviews were conducted with Darrin Mroz and Katherine Spacone. MOTION BY LEWIS, SECOND BY McCLELLAN, to REAPPOINT Darrin Mroz to the Planning Commission for a term to expire January, 2017. MOTION CARRIES BY UNANIMOUS VOTE. Joint Meeting: EI Cajon City Council and Housing Authority -29 ­ DRAFT MINUTES January 22, 2013 3:00 p.m. and 7:00 p.m. ITEM 100 (Continued) PUBLIC SAFETY FACILITY FINANCING OVERSIGHT COMMITTEE: Three four-year terms to expire January, 2017 Applicants: David DeBaca (Incumbent) (Non-resident) John Forrest (Incumbent) (Non-resident) Katherine Spacone (Resident) Jeff Swiney (Non-resident) DISCUSSION Interviews were conducted with the following applicants in attendance: David DeBaca John Forrest Katherine Spacone MOTION BY LEWIS, SECOND BY KEN RIC , David DeBaca to the Public Safety Faci ity nanci Committee for a term to expire Jar\~' 201 . 1j!lOTIO~AcrRI S Y UIIlAN M US VOTE. MOTION B EWIS, c1bND ~ ec E LAN, to REAPPOINT John Forr st Committe 11 a term to eire Jrnrary 201 . ~ ~OT'O~ CARRIES BY UNANIMOUS VOTE. Mayor Lewis inq heth ~h~Plication period should be extended to appoint a third person sine the is only one other qualified candidate. Mayor Pro Tern Wells indicates he feel atherine Spacone would do a good job, and Councilmernbers McCLELLAN and AMBROSE agree. MOTION BY LEWIS, SECOND BY McCLELLAN, to APPOINT Katherine Spacone to the Public Safety Facility Financing Oversight Committee for a term to expire January, 2017. MOTION CARRIES BY UNANIMOUS VOTE. Mayor Lewis requests that the Commission and Committee members remain to take the Oath of Office administered by City Clerk Rutledge upon adjournment of meeting. Joint Meeting: EI Cajon City Council and Housing Authority -30 ­ DRAFT MINUTES January 22, 2013 3:00 p.rn. and 7:00 p.m. Mayor Lewis, Mayor Pro Tern Wens, Councilmernbers Ambrose, Kendrick, McClellan TO: FROM: Deputy City Manager/Director of Finance SUBJECT: Community Event in the Right-of-Way: RunEC Half-Marathon RECOJVIMENDATION: That the City Council concur with the City's Special Events Committee and approve the attached request for a Community Event in the right-of-way to be held on Sunday, March 17, 2013, with conditions listed below. BACKGROUND: Staff has been working closely with the RunEC Foundation, a new nonprofit organization developed by participants of the San Diego East County Chamber of Commerce Leadership Program, to assist with a Saint Patrick's Day Half-Marathon Special Event. RunEC's mission is to create world-class running events to raise funds for other nonprofit organizations that serve the East County. The charitable organizations identified this year to receive proceeds from the special event are St. Madeleine Sophie's Center, Home of Guiding Hands, Partnerships with Industry, East County Transitional Living Center, and Stoney's Kids. The Half-Marathon starts at 8:00 a.m. in the unincorporated area of El Cajon at Hooley's Restaurant in Rancho San Diego. The course will proceed through the City of EI Cajon . along Jamacha Road to East Main Street and will continue through the downtown area and under the City's landmark arch. Spectators and race supporters will assemble in the Prescott Promenade to enjoy the morning's festivities and to cheer on the race participants. This family-oriented event is expected to have wide appeal that will attract many newcomers to Downtown EI Cajon. According to the Traffic Control Plan approved by the City Traffic Engineer, road closures in the downtown will be necessary from approximately 8:00 a.m. to 11:00 a.m. Jamacha Road and East Main Street will remain open for vehicular traffic by reducing one lane for the runners, which will be delineated with appropriate traffic control devices. Conditions of Approval include: .. All information and assurances made in the application including providing the City with a Certificate of Insurance per City Council Policy D-3 for the event and all applicable vendors. e notice to be provided to all impacted businesses and residents along the half- marathon course, which reflects the hours of the road closure. Trash and recycling receptacles to be placed and picked up for the event at appropriate locations per staff guidelines. @ Traffic Control Plan as agreed to by the Public Works Traffic Engineering Division and the Police Department. e All traffic control posts shall be staffed by an attendant to allow emergency vehicle access if necessary. e Major intersections will be staffed by Police Department personnel. @ Portable restrooms shall be provided in areas heavily populated by spectators and in compliance with storm water regulations. @ First-Aid stations will be established throughout the race course. FISCAL IMPACT: The applicant requested in-kind City services for the inaugural event and City Council approved the request on January 8, 2013. The total value of the services provided is approximately $20,000. The actual value of in-kind services will be determined after the event. PREPARED BY: Nancy Palm Deputy City Manager/ Director of Finance APPROVED BY: CITY MANAGER MANAGER'f::, OFFICE Type of event Community / Promotional Event on public property _x_ Community / Promotional Event in the public right-of-way _ Block Party Application date: __2/5/1 Date of Event: __3/17/1 Time event: _0800-1100__ location: _2900 .Jamacha Road, to East Main St, to Ballantyne, to Park, to Civic Center, to Sulzfeld, to E. Main, to 300 W. Main and back on Main _.., _ Please complete and attach the CHECKLIST FOR SPECIAL EVENTS IN THE COMMUNITY Description of the proposed event: (purpose, number of people expected, type and nature of any vehicles, equipment or other apparatus to be used in connection with the event, any special or unusual requirements that may be created by the proposed event) The event is a Half Marathon / 5K run Walk that will begin and end at Hooleys in Ranch San Diego. The half marathon course will enter EI Cajon on Jamacha Road, go east on Main Street in to downtown EI Cajon, then run back to Rancho San Diego on the same course. Traffic Control will be provided by Hudsen Safe t lite. EMS is provided by AMR. Run EC to assist lE with volunteers for traffic control. Sponsor of the event: Run EC Foundation, City of EI Cajon, I-Mortgage, sycuan, California Bank and Trust, Sports Authority, Hooleys, SO County Credit Union. Business license number: (if sponsor is a business or commercial enterprise) Responsible person who will be at the site for the duration of the event and who will be the contact person for City Officials if necessary: (this person must be 18 years or older) Rob Ransweiler 619-921 Q3054 100 Civic Center Way, EI Cajon, Ca. 92020 Agreement to compensate City: The applicant agrees to compensate the City of EI Cajon for any loss or damage to public property as a result of this event. Also, the applicant will provide the City with a deposit for the City's estimated costs no later than ten (10) days prior to the event. The applicant agrees that if the actual costs exceed the deposit, the applicant will pay the City the difference within fifteen (15) days of the date of the bill from the City, A refund will be issued by the City within fifteen (15) days if the deposit exceeds the costs. Applicant agrees to clean and restore site within 24 hours after event. Applicant's name (Piease/yp or print) _Rob Rcm:weiler (representing Run East County Foundation) _ Applicant's signature .. --.-..-_____ . ;; Date 2/5/13 _ Applicant's address 100 Civic Center Way, EI Cajon, Ca. 92020 Phone 619-921-3054 FOR CITY USE ONL Y: REVIEW COMMITTEE: Approved 0 Reason(s) for denial/revocation: Denied 0 Revoked 0 Date: Check list complete? Yes 0 NoD (Missing item(s): Submitted 30 days prior to event? (If not, City Manager or designee's approval 1 Special requirements: _ Estimate Act. Costs $-----­ $----- Deposited on Receipt No. _ Billed $ on Paid? Refunded $ on _ Distribution: Review Committee, Permittee, Applicant (Il Our research demonstrates we are likely to be sold out and running is extraordinarily popular. o There are more than 26.5 millionrunners in the US, with the majority on the West Coast. o The demographics show these are wealthy, college educated people with businesses and money to burn. o Half marathons are the fastest growing event in the nation, and in 2012 the San Diego half marathon sold out at 7,000 slots in its first year. o By working with Kathy Loper, we effectively have an insurance policy that our event will be successful because 1) she is a serious race professional and 2) we are drawing from her pre-existing and popular Mission Bay event. Fonner Police Chief Cliff Diamond and traffic chief Sergeant Rob Ransweiler serve on our board of directors, and they have coordinated closely with the City of EI Cajon}La Mesa and San Diego County to ensure our races are as logistically perfect aspossible. We have briefed DougWiliford and Nancy Palm who also are enthusiastic. While this letter outlines much of the information, wewould like to opportunity to formally brief you at your next meeting on January 8, 2013}and request your support for the half marathon. We appreciate your proactive approach to economic and community development} and wewelcome questions and discussion. Best regards, iet ~J{\(\9Q:C/ Anne Ebert} Partnerships With Industry dfi.. ::-L"" i2M<1:JA " , ....~ Odie Goward, California Bank and Trust Member-at-Large "'-:; ~\~" ciiff Diam~ f;;er EI C;jon4~olice Member-at-large ,/ -J-~:::::::::::::::===-::::~-~-­ Robert Ransweiler, EI Cajon Police Department Treasurer r'city"ci~'fk'i)~te"~H~;p"1 " .. h I II ; : MEETING: Feb 12, 2013 iTEM NO: 105 TO: FROM: Mayor Lewis, Mayor Pro Tern Wens, Councilmembers Ambrose, Kendrick and McClellan Jim Lynch, Director of Human Resources CENTENNIAL SUBJECT: New Classification Specification and Salary Range for Emergency Medical Technician RECOMMENDATION: That the City Council approve the proposed classification specification and salary range of 59.2 ($12.31 - $15.00 per hour) for Emergency Medical Technicians in accordance with the adopted Fiscal Year 2012-13 Budget. BACKGROUND: A new Emergency Medical System (EMS) Transport Program/Basic Life Support (BLS) service is included in the current budget. The plan is for Emergency Medical Technicians (EMTs) to provide BLS service during peak periods, primarily between 9:00 a.m. and 9:00 p.m., to allow the City to capture service calls that are currently handled by other agencies. Implementation of the peak-hour BLS service is projected to generate sufficient revenue for full cost-recovery ofthe program, which is budgeted at $229,000 for a twelve-month period. The EMTs will be "at-will", limited-term employees ofthe City. As non-classified, limited-term employees, they will work approximately 20 hours per week on average. In order to staff the peak hours seven days per week while also retaining limited-term status, it is anticipated that the City will employ about eight EMTs at all times. The EMTs will not perform any fire suppression activities and, consequently, will not be considered safety employees. Also, the EMTs will not be represented by the El Cajon Firefighters' Association, IAFF Local 4603, or any other bargaining group. The City has received confirmation from the Firefighters' Association that the group concurs with the proposed change. The City's Personnel Commission reviewed the classification specifications at its November 15,2012 meeting. The new classification specification is attached. FISCAL IlVIPACT: None. The full cost of the Emergency Medical System/Basic Life Support program was included in the Fire Department's 201212013 budget that was approved by the City Council on June 26,2012. PREPARED BY: i!::ynCh '.rector of Human Resources APPROVED BY: Douglas Williford City Manager @ Ability to work effectively in difficult and hazardous emergency situations and environments and carry out work assignments as instructed; @ Ability to safely and properly transport patients during ambulance transportation; @ Ability to follow oral and written instructions @ Ability to engage in moderate to strenuous physical activity; @ Ability to communicate effectively and courteously with the public and fellow employees; @ Ability to utilize appropriate radio protocol with other fire and emergency medical services personnel; €I Ability to calmly and effectively handle oneself and others in emergency situations; @ Ability to effectively communicate orally and in writing; @ Knowledge of federal, state, county and,El Cajon regulations, practices and procedures; @ Knowledge of principles of emergency ambulance and transportation procedures including first aid, resuscitator and gurney operations; safety emergency work practices; l!I Knowledge of infectious control procedures; @ Knowledge of emergency radio communication procedures; @ Knowledge of medical terminology and documentation; @ Knowledge of emergency vehicle maintenance and operation, including all applicable federal and state driving licenses; @ Familiarity with computers and software. Special Requirements: Possession ofor ability to obtain, prior to employment, a valid Class C California driver's license and a safe driving record. Possession of San Diego County Emergency Medical Technician-I Certification with a current CPR card. Established: 07/2012 Approved Personnel Commission: 11/15/2012 Approved City Council: TBD 02/12/2013 1ITEM Mayor Lewis, Mayor Pro Tern Wells, Councihnembers Ambrose, Kendrick, McClellan TO: FROM: Purchasing Agent SUBJECT: Award of Bid 015-13, Motor Vehicles REcorvIMENDATION: That the City Council adopt the next resolution in order and award the Bid 015-13 to the lowest responsive, responsible bidders, Raceway Ford for the Ford F-250s and Ford Explorers in the amount of$200,767.53, and Winner Chevrolet for the Chevrolet Impalas and Chevrolet Traverse in the amount of $74,291.15. BACKGROUND: On June 26, 2012, Council approved the purchase of replacement vehicles. Bid 015-13 included two vehicles for Public Works Street Maintenance Division and eight vehicles for the Police Department. Eighteen prospective bidders obtained bid packages, and six responses were received and opened at 2:00 p.m. on January 15, 2013. In 2011, Ford discontinued manufacturing the Crown Victoria Police Interceptor. Staff from the Police Department and Fleet Maintenance researched available Police Interceptors that would meet the City's requirements. Last year we purchased four Police Interceptor sedans of another model based on the results of the preliminary analysis. Upon outfitting and use of the models purchased, deficiencies were discovered regarding visibility and equipment not fitting as well as expected. Staff conducted further research based on recommendations from other agencies and found the Ford Explorer as an effective vehicle for patrol use. The Explorer has better visibility, equipment space, and the pricing is actually less than the vehicles purchased last year. According to the Police Chief, the Explorer is the recommended choice in place of the Crown Victoria, but not necessarily for all future replacement vehicle purchases in patrol and traffic until further analysis. Purchasing, in concurrence with the Deputy Director of Public Works, recommends award of the bid to the lowest responsive, responsible bidders, Raceway Ford, and Winner Chevrolet. The summary of bids is attached and complete proposals are on file in Purchasing. FISCAL IMPACT: $275,058.68. Sufficient funds are available for this purchase in Activity/Account #605000-9040 (Vehicle Replacement) and #211950-9040 (Gas Tax-Vehicle Replacement). PREPARED BY: REVIEWED BY: APPROVED BY: r: /l~.'-fd IfOciiC:.=) 'C? Dede Porter Nancy PURCHASING AGENT DEPUTY CITY MANAGER/ CITY MANAGER DIRECTOR OF FINANCE MEETING: 02/12/2013 Mayor Lewis, Mayor Pro Tern Wells, Councilmembers Ambrose, Kendrick, McClellan 1ITEM TO: ICit;;Ci~~i;D~t~St~;;;;;-! It__:~, FROM: Deputy City Manager/Director of Finance and Treasurer SUBJECT: October - December 2012 Quarterly Treasurer's Report RECOMMENDATION: That the City Council receive the quarterly Treasurer's Report for the quarter ending December 31,2012. BACKGROUND: Per the City's investment policy, the latest quarterly Treasurer's Report is presented for Council receipt and approval. Investment Trends/Economy - Information received since the Federal Open Market Committee met in December suggests that growth in economic activity paused in recent months, in large part because of weather-related disruptions and other transitory factors. Employment has continued to expand at a moderate pace but the unemployment rate remains elevated. Household spending and business fixed investment advanced, and the housing sector has shown further improvement. Inflation has been running somewhat below the Committee's longer-run objective, apart from temporary variations that largely reflect fluctuations in energy prices. Longer-term inflation expectations have remained stable. To support continued progress toward maximum employment and price stability, the Committee expects that a highly accommodative stance of monetary policy will remain appropriate for a considerable time after the asset purchase program ends and the economic recovery strengthens. In particular, the Committee decided to keep the target range for the federal funds rate at 0 to 1/4 percent and currently anticipates that this exceptionally low range for the federal funds rate will be appropriate at least as long as the unemployment rate remains above 6.5%. U.S. Treasuries - As of December 31, 2012, the daily yield was 0.25% for a 2-year Treasury and 0.72% for a 5-year Treasury. Compared to the prior year, the 2-year Treasuries remained the same at 0.25% and the longer-term Treasuries decreased 11 basis points. U.S. Government Agencies -As of the end of the quarter, the yield was 0.31% for a 2-year and 0.97% for a 5-year Federal Agency investment, compared to 0.43% and 1.31%, 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 market conditions, interest rates in and \JL1HL.L remain very low. The quarter to date yield for was 0.32% and the 7-day yield for CAMP was 0.17%. Outlook & Strategy - The USD Burnham-Moores Center for Real Estate's Index of Leading Economic Indicators for San Diego County in November was 122.8 (most recent report). This is an increase of 0.1 from the October index. USD Professor Alan Gin goes on to state, "While November's gain was small, it was still positive, so the outlook for the local economy remains for positive growth in 2013. One potential concern was partially dealt with when the outgoing' Congress reduced the impact of the "fiscal cliff' by making permanent the income tax rate cuts for the vast majority oftaxpayers. However, the two percent reduction in the payroll tax was not extended, which would particularly affect low and middle income workers, who tend to spend a very high portion of their take-home pay. Not dealt with was the sequestration of funds for domestic and defense programs, which could have a big impact on the local economy, given the high level of defense manufacturing and research in San Diego." Consistent with its statutory mandate, the Federal Open Market Committee seeks to foster maximum employment and price stability. The Federal Open Market Committee agreed at its December meeting to continue monthly purchases of $40 billion in Agency mortgage­ backed securities (MBS) and to begin yet another round of easing, with an open-ended program to buy $45 billion in Treasuries each month to support the still fragile economic recovery. For the first time, the Federal Reserve (Fed) tied the continuation of these programs to goals for unemployment (below 6.5%) and inflation (no more than 2.5%). 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). Allofthe City's portfolio investments are either U.S. Agencies or U.S. Treasury instruments. As has been widely reported, Standard & Poor's lowered the credit rating on these instruments from AAA to AA+. Moody's has reaffirmed their AAA rating for these same instruments. The CAMP pool is currently rated AAA. No rating is provided for LAIF, but it is expected it would also achieve an AAA rating. Report Presentation -- This report is presented in four sections: Operating Cash - The Union Bank Master Account is the City's main checking account. The City also utilizes a 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 (45.57%) earning 0.32%, followed by portfolio investments (48.63%) earning 0.97%, and the remainder in the CAMP investment pool (2.36%) earning 0.17%. The Successor Agency to the Former EI Cajon Redevelopment Agency has its operating investments primarily invested in LAIF (3.44%) earning 0.32%. The investment portfolio make-up ofLAIF 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 Project. The Bank of New York Mellon is the Trustee and the required bond reserve account is invested in the CAMP Pool and CAMP Managed Account with a current value of $2,632,944. All other bond funds were exhausted in prior fiscal years to pay the contractor for construction costs. Sufficient Proposition 0 sales tax revenues have been received to fund remaining project expenses and debt service requirements, and are integrated with the City's operating investments. ECRA Bond Investments - The Bank of New York Mellon is the Trustee and the required bond reserve account has a current value of$1,436,425. The AIM short-term investment of$l is a temporary holding account in which the Trustee receives payment from the Successor Agency who, in turn, makes payment to bond holders. Bond proceeds of $5,032,971 are invested in LAIF. The combined total is $6,469,398. FISCAL IMPACT: Interest earned for the second quarter of the fiscal year, on a cash basis, was $203,123. Market value is slightly higher than the original investment value. PREPARED BY: ( /" (-~:y/;#f;~);f·'-Y;f!h1CZ) \:>/ Nancy Palm Deputy City Manager I Director of Finance and Treasurer APPROVED BY: Douglas Williford City Manager CITY OF El CAJON OPERATING INVESTMENTS COMPOSITION AS OF DECEMBER 31,2012 Operating Investments LAIF - City Pool LAIF - Successor Agency CAMP Pool CAMP Portfolio Total Operating Investments Type of Investment (See attached graph) (See attached graph) Cash Reserve Portfolio Federal Agency Bonds/Notes Prior % Change %of Quarter From Investment Total Investment Prior Amount Investments Amount Quarter $ 31,973,147 45.57% $ 34,662,615 -7.76% 2,412,951 3.44% 3,267,130 -26.14% 1,657,882 2.36% 184,328 799.42% 34,115,570 48.63% 35,601,742 -4.17% $ 70,159,550 100.00% s 73,715,815 -4.82% Operating Investments LAIF- Successor Agency 3.44% CAMP Portfolio 48.63% LAIF- City Pool 4S.57% CAMP Investment Portfolio Issuers by Market Value USTN . 4.31%, FHLB "0.00% FHLMC 37.27% FNMA S8.42% HISTORICAL COMPOSITION Quarter Ending M!!:11 Jun:1! Sep-11 ~ Mar-12 JJm.::.1l ~ Dec-12 LAIF City Pool $ 35,419,791 $ 44,158,994 $ 35,071,665 $ 42,270,551 $ 29,037,277 $ 42,981,890 $ 34,662,615 $ 31,973,147 LAIF Successor 14,468,240 12,223,840 3,267,130 s 2,412,951 CAMP Pool 505,710 1,583,015 4,167,247 192,468 387,693 543,309 184,328 $ 1,657,882 CAMP Portfolio 46,043,241 40,764,314 32,764,133 37,028,257 36,963,001 37,408,136 35,601,742 $ 34,115,570 Total $ 81,968,742 $ 86,506,322 $ 72,003,045 s 79,491,276 $ 80,829,211 $ 93,157,175 $ 73,715,815 s 70,159,550 $110 $100 $90 $80 $70 V) ~ $60 :i $50 $40 $30 $20 $10 s- Mar-11 Jun-11 Sep-11 Dec-11 Mar-12 Jun-12 Sep-12 Dec-12 iilLAIF City Pool ULAIF Successor Ii.lCAMP Pool fiilCAMP Portfolio r LAIF Performance Report Quarter ending 12/31/2012 0.32% .00000881899236296 1.001127231 0.32% 0.33% 208 Apportionment Rate: Earnings Ratio: Fair Value Factor: Daily: Quarter To Date: Average Life: PMIA Average Monthly Effective Yields DEl::E~118E:R2012 NOVEMBER 2012 0.324% OCTOBER 2012 0.340% PMIA Performance Report 1/16/2013 0.30 0.31 225 1/17/2013 0.30 0.31 230 1/18/2013 0.29 0.31 239 1/19/2013 0.29 0.31 239 1/20/2013 0.29 0.31 239 1/21/2013 0.29 0.31 239 1/22/2013 0.29 0.31 239 1/23/2013 0.29 0.31 241 1/24/2013 0.29 0.3 238 1/25/2013 0.29 0.3 237 1/26/2013 0.29 0.30 237 1/27/2013 0.29 0.30 237 1/28/2013 0.2 0.30 234 1/29/2013 0.29 0.30 235 *Daily yield does not reflect capital gains or losses Pooled Money Investment Account Portfolio Composition $63.2 Billion 12/31/12 Corporate Bonds 0.00% Commercial Paper 2.53% Time Deposits 6.86% CDs/BNs 8.23% Agencies 8.42% Mortgages 0.41% Treasuries 54.98% Cash Reserve Portfolio Characteristics as of December Amortized Cost1 Current 7-Day Yield2 S&P Rating3 Negotiable Certificates of Deposit 30.3% $2,174,980,154 0.11% AAAm Sector composttion" 18 Repurchase Agreements 33,9% u.s. Treasuries 0.9% IlIi Federal Agencies 10,3% ['J Commercia! Paper 24.6% Weighted Average Maturity Net Asset Value per Share Credit Quality Distribution'" A-1 (Short-term) 63.4% 51 Ii AA+ 11.2% A-1+ (Short-term) 25.5% Percentages may not total to 100% due to rounding, ** Ratings by Standard &Poor's. Percentages may not total to 100% due to rounding. 1. End of month trade-date amortized cost of portfolio. 2. As of December 31, 2012. The current annualized yield of the CAMP Cash Reserve Portfolio may, from time to time, be quoted in reports, literature and advertisements published by the 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 of a hypothetical account with a balance of one share (normally $1.00 per share) over a seven-day base period expressed as a percentage of the value of one share at the beginning of the seven-day period. This resulting net change in account value is then annualized by multiplying it by 365 and dividing the result by 7. Past petformance 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 of investment 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 seft the securities. For a fuft description on rating methodology, visit Standard & Poor's website (http://www.standardandPoors.cOmlratings/funds-main/en/us)· This information does not represent an offer to sell or a solicitation of an offer to buy or self 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 carefulfy before investing. A copy of the Trust's Information Statement may be obtained by caffing 1-800-729-7665 or is available on the Trust's website at www.camponfine.com.WhiletheTrustseekstomaintainastablenetassetvafueof$1.00pershare.itis possible to lose money investing in the Trust. An investment in the Trust is not insured or guaranteed by the Federal Deposit fnsurance Corporation or any other government agency. Shares of the Trust are distributed by PFM Fund Distributors, tnc., member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection Corporation (SfPC} (www.sipc.org). PFM Fund Distributors, Inc. is a Whollyowned subsidiary of PFM Asset Management LLC. California Asset Management Program Managed Account Detail of Securities Held For the Month Ending December 2012 Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Markel: Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date tosl: at cost Interest Cost Value / Note v, " , , , us TREASURY NOTES 912828PZ7 1.500.000.00 AM Aaa 03/30/11 03/30/11 1.498,476.56 1.29 5.593.92 1,499,375.52 1.518,632.81 DTD03/15/20111.250% 03/15/2014 Security Type Sub-Total 1,500,000.00 1,498,416.56 1.29 5,593.92 :1.,499,315.52 :I.,5:1.8,632.Ili1 FNMA GLOBAL NOTES 31398AE24 5,000,000.00 AA+ Aaa 01/28/10 01/29/10 5,002,850,00 1.73 31,354.17 5,000.133.90 5,011.310.00 DTD01/15/2010 1.750% 02/22/2013 FHLMCNOTES 3137EAC56 5,000,000.00 AA+ Aaa 02/07/11 02/08/11 4,974.150.00 1.00 9.687.50 4.997.054.50 5.007.520.00 DTD 02/04/2011 0.750% 03/28/2013 FHLMC NOTES 3137EACLl 4,000.000.00 AA+ Aaa 03/10/11 03/11/11 3.969.800.00 1.17 6.125.00 3.990,435.84 4,022,828.00 DTD08/20/2010 0.875% 10/28/2013 FNMA GLOBAL NOTES 31398AUJ9 1.500,000.00 AA+ Aaa 12/09/10 12/10/10 1.576.605.00 1.14 2.395.83 1.524,373.08 1.538,448.00 DTD 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 0.46 138.89 4,012.847.52 4.025.848.00 DTD 12/16/2011 0.625% 12/29/2014 FANNIE MAE GLOBAL NOTES 3135GOHGl 2.000,000.00 AA+ Aaa 03/09/12 03/12/12 1.986,720.00 0.60 2,187.50 1.990.237.96 2.002.658.00 DTD 02/06/2012 0.375% 03/16/2015 FNMA NOTES (CALLABLE) 3135GONG4 2,500.000.00 AA+ Aaa 08/10/12 08/13/12 2A98.500.00 0.52 5.000.00 2,498.691.65 2.500.210.00 DTD08/07/20120.500% 08/07/2015 FNMA NOTES 31398A4Ml 3,070.000.00 AA+ Aaa 10/17/12 10/18/12 3.176.314.10 0.47 9.007,47 3.169,224.40 3.175.948.77 DTD09/27/2010 1.625% 10/26/2015 FNMA NOTES 31398A4M1 4,020,000.00 AA+ Aaa 10/04/11 10/05/11 4,116.922.20 1.02 11,794.79 4.087.755.73 4.158,734.22 DTD09/27/2010 1.625% 10/26/2015 FNMA GLOBAL BENCHMARK NOTES 31359MH89 1.680,000.00 AA+ Aaa 03/09/12 03/12/12 1.953,890.40 0.85 24.733.33 1.899,766.81 1.922,508.00 DTD02/16/2006 5.000% 03/15/2016 Security Type Sub-Total 32,710,000.00 33,272,031.70 IUS :1.02,424.48 33,:1.10,52:1..39 33,366,012.99 ManagedAccount Sub-Total 34,210,000.00 34,770,508.26 0.91 108,018.40 34,669,896.91 34,884,645.80 , Account 505-00 Managed Account Detail of Securities Held For the Month Ending December 2012 S&P Moody's Par Rating Rating Security Type/Description Dated Date/Coupon/Maturity CAMP Pool Money Market Sub-Total Securities Sub-Total Accrued Interest Total Investments CUSIP 1.657.881.85 AAAm 1,657,881.85 $35,927,SIU.85 NR Trade Date Settle Date Original TIM Accrued Amortized Market Cost at Cost Interest Cost Value 1.657.881.85 0.00 1.657.881.85 1.657.881.85 1,657,S!u.as 0.00 1,651,881.85 1,651,SBUI5 $36,428,390.11 0.97% $:1.08,0:1.8.40 $36,327,17S.76 $36,542,521.65 $108,0:1.8.40 $36,650,546.05 Account 50S-00 Portfolio Summary and Statistics For the Month Ending December 31, 2012 Sector Allocation Description Par Value Market Value Percent Federal Agency Bond / Note 2,525,000.00 2,533,228.98 96.21 MnyMkt Fund Managed Account Sub-Total 2,525,000.00 2,533,228.98 96.21°/0 3.79% Accrued Interest 11,511.55 TotallPortfolio 2,525,000.00 2,544,740.53 CAMP Pool 99,658.80 99,658.80 3.79 Total Investments 2,624,658.80 2,644,399.33 100.00°/0 Unsettled Trades 0.00 0.00 Fed AgyBond! ~ Note 96.21% Characteristics 0.00% o. 6 Months 6 - 12 Months 0.00% 1·2 Years 0.00% 2 - 3 Years 0.00% 3·4 Years 0.00%· 4·5 Years 0.00% Over 5 Years Yield to Maturity at Cost Yield to Maturity at Market Duration to Worst Weighted Average Days to Maturity 1.71% 0.14% 0.22 79 Account 51-00 !'C'itY"CI~';'k::r)~"t~"shiI~~p"'I\ ,, ~ ~b 0- ~ ~ ' .f CENTENNIAL MEETING: Feb. 12,2013 1MBITEM NO:---- Mayor Lewis, Mayor Pro Tern Wells, Councilmembers Ambrose, Kendrick and McClellan TO: FROM: Douglas Williford, City Manager SUBJECT: Realignment of Staffing in the City Manager's Office and Other Departments Revisions to City Council Policy A-29 re: Compensation for Executives, et al Classification Specifications for Assistant City Manager RECOMMENDATION: That the City Council approve: (l) The elimination of the Deputy City Manager/Director of Public Works and the Director of Community Development positions; (2) The addition of one Assistant City Manager and one Assistant to the City Manager position; (3) The corresponding changes and some technical changes to Council Policy A-29; and (4) The revisions to the classification specifications for the Assistant City Manager classification. BACKGROUND: With the recent retirement of the Deputy City Manager/Director of Public Works and the Director ofCommunity Development, an opportunity has been created to allow a realignment of staffing at the Executive level and within the City Manager's Office. After reviewing the City's short and long-term operational needs, it was determined that while the City may be viewed as "built out"; it is expected that significant new development will likely occur over the next ten years or so. The City Council has expressed significant interest in pursuing such development. Having a single, comprehensive and consistent philosophy, voice and approach toward development, infrastructure and maintenance and all other related activities is the best way for this City to address the next decade or mare of the City's future. It is an approach that most growing communities in California have already adopted in one fashion or another. Consequently, a single executive voice for all development and related functions within this City, whether it be public or private activities is desired. One Assistant City Manager overseeing both the Community Development and Public Warks Departments will help reach this goal. The Assistant City Manager position will supervise the day-to-day direct operations of both departments. The selected individual will consolidate the two respective management staffsinto a single joint team, although they will maintain their existing individual department/divisional responsibilities. The subordinate staff members' duties in the two departments will remain substantially as they are now and they will likely see little or no change from how they currently do their jobs or the person to whom they currently report. Additionally, in order to better serve the community on issues such as special events, risk management, public information and special projects, it is recommended that an Assistant to the City Manager position be added to the City Manager's Office. Finally, some technical revisions to City Council Policy A-29 are recommended to reflect changes in cafeteria plan amounts and retirement contributions that became effective on January 1,2013. FISCAL IMPACT: If the recommendations are approved, there will be a slight annual cost savings to the City of approximately $9,000. Since the changes will, if approved, be implemented in the middle of the 2012-13 budget year, a pro-rated share ofthe annual savings will likely be realized in the current fiscal year. PREPARED AND APPROVED BY: Douglas Williford CITY MANAGER Attachments: Cost Analysis Classification Specifications for Assistant City Manager Revisions to Council Policy A-29 _--"'--_--'-- JIG:\Agenda Reports\Addition of ACM and Asst to the CM Positions 02-12-13.doc Cost Analysis _. Annual Projected Savings (Deficit) 2012-13 PERS rates for misc. = 26.080% Assistant to the City Manager: Items of Additional Compensation Deferred Compensation at $300/month ($3,600/year) Auto Allowance @ $400/month ($4,800/year) Tech. Stipend at $1,250/year Cell phone allowance = $120/month ($1,440/year) 9,0441 Abilities/Skills/Knowledge: Ii Ability to plan, organize, and direct activities and programs commonly utilized in a municipal governmental organization; Ability to conduct productive meetings and present clear, concise,and complete written and oral reports; Ability to analyze trends and issues and develop short and long-range plans adapted to such trends, including the provision of sound financial advice; 1II Demonstrated management and supervisory skills; ~ Possession of advanced interpersonal relations skills, personality, attitudes, and temperament necessary for effective communications at all organizational levels; Extensive knowledge of modern administrative methods and procedures, including common municipal functions, organization and methods, budgeting,purchasing, personnel administration, and employee relations; lil Extensive knowledge ofmunicipal government organization and management; 1II Knowledge ofemployee relations, including collective bargaining and employee discipline; @ Ability to analyze problems related to labor and employee relations. Special Requirements: record. Possession of a valid Class C driver's license with a safe driving Established: 03/82 Revised: 05/88, TBD Reviewed by City Manager: 01/13 Reviewed by Personnel Commission: 04/89; TBD Approved by City Council: 02/12/13 A-29 PURPOSE To outline in one document the salary and benefits of the following unrepresented classes of employees: executive management, unrepresented management, and confidential employees. A. SALARY EXECUTIVE MANAGEMENT CLASSIFICATIONS ARE AS FOLLOWS: I CLASSIFICATION Assistant City Manager Police Chief Deputy City Manager & Fire Chief Director of Public Works Director of Community Development Director of Human Resources Director of Recreation City Clerk SALARY RANGE 131.3 126.8 124.5 122.6 119.3 116.5 112.4 109.8 ANNUAL SALARY $151 ,902.40 - $185,099.20 $135,948.80 - $165,651.20 $128,440.00 - $156,499.20 $122,553.60 - $149,323.20 $112,964.80 - $137,633.60 $105,435.20 - $128,440.00 $ 95,284.80 - $116,064.00 $ 89,336.00 - $108,846.40 UNREPRESENTED MANAGEMENT CLASSIFICATIONS ARE AS FOLLOWS: CLASSIFICATION Financial Operations Manager Deputy Fire Chief Fire Division Chief SALARY RANGE 113.0 113.3 111.3 ANNUAL SALARY $96,678.40 - $117,790.40 $97,406.40 - $118,664.00 $92,705.60 - $112,964.80 CLASSIFICATION SALARY RANGE Assistant to the City Manager 104.8 Senior Human Resources 97.8 Analyst Human Resources Analyst 91.8 ANNUAL SALARY $78,956.80 - $ 96,200.00 $66,435.20 - $ 80,932.80 $57,283.20 - $ 69,784.00 CONFIDENTIAL CLASSIFICATIONS ARE AS FOLLOWS: CLASSIFICATION SALARY Executive Assistant to the City Manager/City Attorney Administrative Secretary (Human Resources) SALARY RANGE ANNUAL 88.9 $53,331.20 - $64,958.40 78.8 $41,558.40 - $50,627.20 , B. _EDUCATIONAL INCENTIVE PROGRAM Executive and unrepresented management employees are eligible for five percent (5%) additional compensation when they possess Master's degrees directly related to their positions with the City, but not required by the classification specification applicable to their positions. A Deputy City Manager is also eligible for five percent (5%) additional compensation when possessing a current California registration certificate as a Professional Civil or Traffic Engineer, or when possessing a current California designation as a Certified Public Accountant. The Fire Chief is eligible for two and one half percent (212 %) additional compensation when possessing an Associate's degree in Fire Science or a related field, or five percent (5%) additional compensation when possessing a Bachelor's degree in any field. This additional incentive is applicable to the Fire Chief only and is not available to employees hired after July 1, 2001. The Police Chief is eligible for the following educational incentives: 1. Two and one half percent (2;;; %) additional compensation when possessing an Associate's degree in Criminology, Police Science or a related field, or five percent (5%) additional compensation when possessing an Advanced P.O.S.T certificate. 2. Two and one half percent (2;;; %) additional compensation when possessing a P.O.S.T. Management Certificate and completion of one of the following: handled through payroll deductions. The City Manager is designated as the Plan Administrator and may appoint a Deputy Plan Administrator. The City shall contribute $300 per month ($3,600 per year) in deferred compensation on behalf of the Assistant City Manager to one of the City approved plans as selected by the Assistant City Manager. Amounts contributed by the City shall be to the benefit of the Assistant City Manager in accordance with the Deferred Compensation Plan participation agreement. 4. Disability Insurance The City provides executive and unrepresented management employees with fully paid short-term and long-term disability plans. Confidential employees participate in the State Disability Insurance (SOl) Program at their expense. 5. Life and Accidental Death & Dismemberment (AD&D) Insurance The City provides fully paid life insurance and AD&D to executive and unrepresented management employees in the amount of one and one half times the employee's annual salary plus $25,000. The City provides fully paid life insurance and AD&D to confidential employees in the amount of $25,000. D. LEAVES 1. Vacation Accrual Vacation shall be credited in accordance with the following schedule: a. 3.07 hours of vacation accrued bi-weekly until completion of the first year of service. b. 3.07 hours of vacation accrued and credited bi-weekly for the second, third, fourth and fifth years of service. c. 4.60 hours of vacation accrued and credited bi-weekly following completion of the fifth through tenth years of service. d. 4.91 hours of vacation accrued and credited bi-weekly following completion of the eleventh year of service. e. 5.21 hours of vacation accrued and credited bi-weekly following completion of the twelfth year of service. f. 5.52 hours of vacation accrued and credited bi-weekly following completion of the thirteenth year of service. g. 5.83 hours of vacation accrued and credited bi-weekly following completion of the fourteenth year of service. h. 6.14 hours of vacation accrued and credited bi-weekly following completion of the fifteenth and succeeding years of service. New hires in executive and unrepresented management classifications may accrue vacation leave at a rate greater than the entry rate at the discretion of the City Manager. Effective beginning on the first full pay period after July 1, 2013, vacation accrual shall be capped at 600 hours for all executive management employees, 540 hours for all unrepresented management employees, and 480 hours for confidential employees. No employee shall accrue vacation beyond the established cap unless specifically authorized by the City Manager. 2. Administrative Leave Executive management employees receive eighty (80) hours administrative leave per year accrued as vacation leave. Unrepresented management employees receive sixty (60) hours administrative leave per year accrued as vacation leave. 3. Holidays Executive and unrepresented management and confidential employees receive the following paid holidays: New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Admissions Day* Columbus Day* Veterans Day January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September September 9 (floating holiday) Second Monday in October (floating holiday) November 11 Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day New Year's Eve Fourth Thursday in November Friday after Thanksgiving December 24 December 25 December 31 and every day proclaimed by the City Council as a public holiday. *Two (2) floating holidays in lieu of celebrating Columbus Day and Admissions Day. City facilities shall remain open on both days. 0.62 hours of vacation shall accrue and be cred ited bi-weekly to compensate for the two floating holidays. 4. Sick Leave Executive and unrepresented management and confidential employees accrue sick leave at the rate of 3.68 hours per bi-weekly pay period. Accrual is unlimited. Sick leave may be taken in case an employee's presence is required to care for relatives who are members of the employee's household or for parents and minor children (not required to be members of the household) due to injuries, illness or disability. This provision shall include time for scheduled doctor or dentist appointments. a. Sick Leave Conversion Privileges Any EMPLOYEE who has taken 40 hours sick leave or less during the calendar year ending December 30 of each year shall be entitled to either convert up to 40 hours of unused sick leave to vacation or receive a cash payment for up to 24 hours, based upon the current compensation rate on an hour-for-hour basis. In no event mayan EMPLOYEE select a combination of two options or reduce the accumulated sick leave balance below 192 hours. No prorations shall be made for EMPLOYEES terminating on or before December 30 of the calendar year. b. Unused Sick Leave at Retirement for Health Insurance Upon retirement from City employment for service or disability, an employee may elect to use unused sick leave at its dollar value at retirement (hourly base rate plus any regularly recurring bi-weekly premium pay, i.e., differential pay for Master's Degrees) to pay health insurance premiums in retirement according to the following schedule: perform notary services only as directed by his/her supervisor. 2. Automobile Allowance The Assistant City Manager shall be provided a monthly automobile allowance of $400 in exchange for making a vehicle available for his/her own use and for City-related business and/or functions during, before and after normal work hours. By the Assistant City Manager making his/her personal vehicle available for use, he/she is not precluded from using City vehicles for City business, during, before and after the normal workday on occasion, when appropriate. 3. Cellular Telephone Allowance The Assistant City Manager shall receive as compensation the sum of $120 per month for use as an allowance for his/her cellular telephone service. 4. Technology Allowance The Assistant City Manager shall be provided with an amount not to exceed $2,500 every two years, beginning with the year of his/her initial appointment, for use to purchase technology equipment such as a personal laptop computer, etc. The payment shall be made upon submission of receipts documenting the purchase(s). The equipment purchased shall become the property of the City Manager. Mayor Lewis, Mayor Pro Tern Wells, Couricifmembers Ambrose, Kendrick, McClellan . r ::::J r"'city"c'i~tk"D~t~"St~mp"'! i i III 2'i 2 33 I 1 .1 TO: Ii~tr.f IV IDJ :1111 1IIId Rilll MEETING: 02/12/2013 ITEM NO: 1@9 CENTENNIAL .~ ~ \.'1,' <'o"/JorateU"C) FROM: Purchasing Agent SUBJECT: Award ofBid 011-13, Intersection Improvements at -Iamacha Road and East Main Street RECOMMENDATION: That the City Council: 1) Appropriate $100,000 from TransNet Capital Improvement Projects Fund 503 to augment the original budget for Intersection Improvements at Jamacha Road and East Main Street, Project PW3402 in Budget Activity Number 550000. 2) Adopt the next resolution in order and award the bid to the lowest responsive, responsible bidder, Just Construction, Inc. in the amount of $339,000.00. BACKGROUND: On November 13, 2012, Council approved a project to upgrade the existing traffic signal, and reconstruct the raised concrete medians on East Main Street to add one westbound through lane. Fifty-seven prospective bidders obtained bid packages, and eight bids were received and opened at 2:00 p.m. December 19, 2012. Purchasing, in concurrence with the Deputy Director of Public Works, recommends award of the bid to the lowest responsive, responsible bidder, Just Construction, Inc. in the amount of $339,000.00. The summary of bids is attached and complete proposals are on file in Purchasing. FISCAL IMPACT: Funding for this project in the amount of $313,000 is in the current budget. In anticipation ofthe increased project scope, which includes additional median improvements and asphalt paving; the Regional Transportation Improvement Program (RTIP) was amended to include transfer of $100,000 for this TransNet funded project referred to as EL28 from TransNet EL18 - Street Lights. City Council approved the amendment to the RTIP on November 13, 2012. PREPARED BY: C;C;.~ Dede Porter PURCHASING AGENT REVIEWED~: "--)' . /t~ ziI~ Na ~Palm DEPUTY CITY MANAGER! DIRECTOR OF FINANCE APPROVED BY: ~ ' fl ~fj;{ CITY MANAGER BIDDER BID SUMMARY - NO,011-13 TOTAL BID AMOUNT Just Construction, Inc. (San Diego) RMV Construction, Inc. (San Diego) Portillo Concrete, Inc. (Lemon Grove) HMS Construction, Inc. (Vista) Hazard Construction Company (San Diego) PAL General Engineering, Inc. (San Diego) Ramona Paving and Construction Corporation (Ramona) Tri-Group Construction and Development, Inc. (San Diego) Engineer's Estimate * RECOMMEND AWARD $339,000.00 * $348,360.00 $358,836.00 $372,215.00 $383,150.00 $397,534.00 $398,196.00 $441,750.00 $380,138.00 RESOLUTION NO. -13 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR BUS STOP IMPROVEMENTS 2012. (Bid No. 018-13, Job No. 3446), WHEREAS, the City Engineer has submitted plans and specifications for Bus Stop Improvements 2012; and WHEREAS, it appears to be in the best interests of the City of EI Cajon that the plans and specifications for said project be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITYCOUNCIL OF THE CITYOF EL CAJON AS FOLLOWS: 1. That the plans and specifications submitted by the City Engineer for Bus Stop Improvements 2012 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. 2/12/13 (Item 110) Bus Stop Improvements 2012 apr RESOLUTION NO. -13 RESOLUTION ORDERING THE WORK AND DIRECTING PUBLICATION .OF NOTICE INVITING BIDS FOR BUS STOP IMPROVEMENTS 2012. (Bid No. 018-13, Job No. 3446). WHEREAS, plans and specifications have been submitted for Bus Stop Improvements 2012; 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 CITYCOUNCIL OF THE CITYOF EL CAJON AS FOLLOWS: 1. That the City Council does hereby order that the Bus Stop Improvements 2012 project, be ordered to be done. 2. That Thursday, March 14,2013, 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. 2/12/13 (Item 1.10) Bus Stop Improvements 2012 ntc ITEM TO: FROM: Mayor Lewis, Mayor Pro Tem Wells, Councilrnembers Ambrose, Kendrick, McClellan Deputy Director of Public Works/City Engineer MEETiNG: Feb 12, 2013 1®11 TheValley ofOpportunity CENTENNIAL ·~('o l.W 9"''''' ~Poratea ' SUBJECT: Second Amendment to the Subdivision Agreement for Tentative Subdivision Map (TSM) 544 - 436 Emerald Avenue Engineering Job No. 2913 RECOMMENDATION: That the City Council approve a second amendment to the Subdivision Agreement for TSM 544, Final Map No. 15666, approved by City Council on December 18, 2007, to allow for an additional time extension, setting the new expiration date to December 27,2013. BACKGROUND: On December 18, 2007, the City Council approved the Final Map for TSM 544, a one(l) lot common interest subdivision with six (6) new condominium units, and the Subdivision Agreement for the Emerald Townhomes, located at 436 Emerald Avenue. The Subdivision Agreement required certain public improvements to be constructed within one (1) year of the Final Map approval. The improvements have not been completed due to the downturn of the economy. The first amendment to the subdivision agreement was approved by the City Council on January 10, 2012, setting the expiration date to December 27,2012. By letter dated January 16, 2013 (copy attached), Kathy Easter, the owner of the property, requested a second extension to complete the public improvements. The owner has stated that the extension is necessary due to the continued slowdown in the economy. The owner has kept the required bonds current to cover the cost of the improvements and has provided a current insurance certificate. The property has been maintained in a clean and orderly manner. FISCAL IMPACT: None, all costs are paid for by the subdivider. PREPARED BY: Dennis C. Davies DEPUTY DIRECTOR OF PUBLIC WORKS CITY ENGINEER APPROVED BY: ·_''-'---~----,~"-, ~,-~------, .;j.PN 514-CnS-JC:.! ~ ~ &1 Pn,"y 8 Et~ 'I ~ 1 -. l ~'_j OCS>Il'IG1 TII"G r:_ ,' HOUSE 1 D1S, • '. HOJSE ", , • C<lsiJ~G Pee " • I • D-:;I~\,{A""" ~ I ." ~ .. I ~ , " ~I 'XISTING E' HOPE?\. P <TORM DRAIN PIDE "' i "-"',," , -"" r,·l::->_-;:O ~ To REMAIN ',-"" "0" 0 ,~. '" ' , i ~ ~, , , _____ ' i ~,,"_m, .", _ I , . r"", ro~M' ===-------~87 ' ," " -"'---~m' '_'",,~ " ® ® - -_-7'-1 ~-"-=-~~'-""~;;~,~) , ts r ® I ®1 JN ! R~ , I I 26'! _ ' CD [.CD ~" --L" t1 79~'_ ;V_~L ", ",., ." ~", ,"'7 'fl on0. 27 0"T..Ei PIPE THRDU';~ QOR v W.I,I L TO £XISTlJ',<.:r "( " - C-i./<.;'-IH8. C;-iN' EXl5TING HOUSE I I i I i,PN 5·J",-.L~':~:50-27 I I ~I sL D ?RJ?C3S 10';':)0;) CJ,TE (C~::rUS~) ------<1- ?R0~:i5S) S'-C' \'(jOD rE.!'lC:: {C::DAR) ;;:;,Ii) 6' i.'A::) ;=: SYS7f'.Ji ""C l' Q 0:10 Bur..DlNG PLAM -ry'PE: flRo:-osm UG~m?';G Pr.;J?OSS:: S1RE~T UG:-ii (PV1') ?RSP8SED COM}AUN~1Y k:AlL BOX P1D?OSED R::C'!C~::, ~R:::E.N i'tfSE AND TRASH C~NT,~,rNEH.3 MEETIN .~~~~ ITEM NO: _ Mayor Lewis, Mayor Pro Tern Wells, Councilmembers Ambrose, Kendrick, McClellan TO: City Clerk Date Stamp FROM: Community Development Department Housing Manager SUBJECT: SECOND AMENDMENT TO GROUND LEASE - DOMENICO DONATO RECOMMENDATION: That the City Council in its capacity as the governing board of the Successor Agency 1. Adopt the next resolution in order to approve a Second Amendment to the Ground Lease between the former EI Cajon Redevelopment Agency and Domenico Donato, with terms and conditions set forth in this report; and 2. Authorize the City Manager or his designee to execute all documents necessary to implement approved terms and conditions. BACKGROUND: On November 22,2002, the former EI Cajon Redevelopment Agency ("Agency") entered into a Ground Lease ("Lease") with Domenico Donato ("Tenant") for the purpose of constructing outdoor dining on a portion of Agency property known as Prescott Promenade for Mangia Bene Restaurant. The terms ofthe Lease included a 30­ year term, 942 square feet at $.84 per square foot, for total rent of $791.28 per year. The Lease was subsequently amended on January 22, 2003, to define certain terms, including the "Premises", and the Lease area was increased by 205 square feet of sidewalk in Prescott Promenade ("Restricted Premises"), which increased the rent by $1.00, for total rent of $792.28 per year. The Tenant now desires to sell his interest in the restaurant and assign the Lease to another operator, and staff has received a request from Burner Nicolosi's, Inc., dba Nicolosi's Italian Restaurant, to continue with the Lease via an amendment. Article 10 of the Lease includes provisions for assignment so long as the assignee is "financially qualified and has sufficient experience in the operation and management of restaurants". Nicolosi's has been in business in the San Diego area since 1952 and are currently operating one very successful restaurant at their Navajo Road location. City Council Agenda Report Second Amendment to Ground Lease Domenico Donato (Mangia Bene) February 12,2013 Agenda Proposed amendments to the Lease would include an assignment to the new operator, removal of the reference to use 450 square feet of outdoor dining in the public right-of­ way, and amendment ofthe "Restricted Premises" square footage to approximately 510 square feet. The outdoor dining area is under a separate agreement with the Public Works Department. Rent would remain at $792.28 per year for the remainder of the 30­ year term. Separate authorization to amend the Lease will be taken to the Oversight Board at its next regularly scheduled meeting on February 20, 2013. FISCAL IMPACT: No impact to the General Fund. This activity would amend an existing enforceable obligation tied to a former Redevelopment Agency property. No change in the Lease rent is contemplated by the proposed Amendment. APPROVED BY: ~in~L CITY MANAGER ments: Ground Lease First Amendment to Ground Lease Request from Nicolosi's Italian Restaurant efforts to use and permit use of the Premises for purposes permitted by this Section 3.01, which, in Tenant's reasonable opinion, will attract patrons to the Restaurant in the downtown El Cajon area. Compliance With Laws Section 3.02. Tenant shall, at Tenant's own cost and expense, obtain all permits necessary forthe construction of the Restaurant and the Improvements on the Premises, and shall comply with all statutes, ordinances, regulations and requirements of all governmental entities, both federal and state and county or municipal, including those requiring capital improvements to the Premises or Improvements relating to the use and occupancy of the Premises and the Restaurant (and specifically not limited to any particular use or occupancy by Tenant), whether those statutes, ordinances, regulations, and requirements are now in force or are subsequently enacted. Tenant shall maintain all licenses, permits, or other governmental authorizations throughout the term of this lease. The judgment of any court of competent jurisdiction, or the admission by Tenant in a proceeding brought against Tenant by any government entity, that Tenant has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between Landlord and Tenant and shall constitute grounds for termination of this lease by Landlord. Prohibited Uses Section 3.03. Tenant shall not use or permit the Premises or any portion of the Premises to be improved, developed, used, or occupied in any manner or for any purpose that is in any way in violation of any valid law, ordinance, or regulation of any federal, state, county, or local governmental agency, body, or entity. Tenant shall comply with all storm water discharge requirements implemented by the City of ElCajon, and shall comply with Order No. 2001-01 of the California Regional Water Quality Control Board, San Diego Region, creating waste discharge requirements. Furthermore, Tenant shall not maintain, commit, or permit the maintenance or commission of any nuisance as now or hereafter defined by any statutory or decisional law applicable to the Premises or any part of the Premises. ARTICLE 4 TAXES AND UTILITIES Tenant to Pay Taxes Section 4.01. Tenant shall pay during the term of this lease, without abatement, deduction or offset, any and all real and personal property taxes, general and special assessments, business improvement district assessments, and other charges (including any increase caused by a change in the tax rate or by a change in assessed valuation, and further including any possessory interest taxes charged to Tenant as a result of its - 3 - leasehold interest in public right-of-way) of any description levied or assessed during the term of this lease by any governmental agency or entity on or against the Premises, the Improvements located on the Premises, personal property located on or in the Premisesor Improvements, and the leasehold estate created by this lease. Payment Before Delinquency Section 4.04. Any and all taxes and assessments and installments of taxes and assessments required to be paid by Tenant under this lease shall be paid by Tenant at least ten (10) days before such tax, assessment, or installment of tax or assessment becomes delinquent. On the written request of Landlord, Tenant shall deliver to Landlord the official and original receipt evidencing the payment of any taxes, assessments, and other charges required under this Article. Tax-Hold Harmless Clause Section 4.05. Tenant shall indemnify and hold Landlord and Landlord's elected and appointed officers, directors, officials, agents, and employees, and Landlord's property, including the Premises, and any Improvements now or subsequently located on the Premises, free and harmless from any liability, loss or damages resulting from any taxes, assessments, or other charges required by this article to be paid by Tenant and from all interest, penalties, and other sums imposed thereon, and from any sales or other proceedings to enforce collection of any such taxes, assessments, or other charges. Utilities Section 4.06. Tenant shall payor cause to be paid, and hold Landlord and Landlord's property including the Premises free and harmless from all charges for the fumishing of gas, water, electricity, telephone service and other public utilities to the Premises during the lease's term and for the removal of garbage and rubbish from the Premises during the term of this lease. Payment by Landlord .Bection 4.07. Should Tenant fail to pay within the time specified in this Article any taxes, assessments, or other charges required by this Article to be paid by Tenant, Landlord may, without notice to or demand on Tenant, pay, discharge, or adjust that tax, assessment, or other charge forthe benefit of Tenant. In that event, Tenant shall promptly on written demand of Landlord reimburse Landlord for the full amount paid by Landlord in paying, discharging, or adjusting that tax, assessment, or other charge together with interest thereon at the then-maximum legal rate from the dateof payment by Landlord until the date of repayment by Tenant. If this Article does not specify the time within which Tenant must pay any charge required by this Article, Tenant shall pay that charge before it becomes delinquent. - 4 - ARTICLE 5 CONSTRUCTION BY TENANT Duty to Construct Section 5.01. Tenant shall, at Tenant's sole cost and expense, construct or cause to be constructed on the Premises the Improvements, including outside dining facilities and a trash enclosure, to be used solely in conjunction with the Restaurant in the manner and according to the terms and conditions specified in this Article. Requirement of Landlord's Written Approval Section 5.02. No structure or other improvement of any kind shall be constructed on the Premises unless and until Landlord has approved the plans, specifications, and proposed location of that structure or improvement in writing. Furthermore, no structure or other improvement shall be constructed on the Premises that do not comply with plans, specifications, and locations approved in writing by Landlord. Tenant's plans for improvements on the Premises shall also require the approval of the EI Cajon Community Development Corporation Design Committee. All Work on Written Contract Section 5.03. All work required in the construction of the outside dining facility and trash enclosure, including any site preparation work, landscape work, and utility installation work, as well as actual construction work on the outside dining facility, shall be performed only by competent contractors licensed under the laws of the State of California and shall be performed in accordance with written contracts with those contractors. Each such contract shall provide that the final payment under the contract due to the contractor shall be in an amount equaling at least ten percent (10%) of the full amount payable under the contract and shall not be paid to contractor until whichever of the following last occurs: (a) The expiration of thirty-five (35) days from the date of recording by Tenant as owner of a Notice of Completion of the outside dining facilities, Tenant agreeing to record that Notice of Completion promptly within the time specified by law for the recording of that notice; or (b) The settlement and discharge of all liens of record claimed by persons who supplied either labor or materials for the construction of the outside dining facilities. Compliance With Law and Standards Section 5.04. The outside dining facilities shall be constructed, all work on the - 5 - hereafter made or issued by any federal, state, county, local,or other governmental agency or entity; (b) Observe and comply with all valid laws, ordinances, statutes, orders, and regulations now or hereafter made or issued respecting the Premises orthe Improvements on the Premises by any federal, state, local or other governmental agency orentity; and (c) Indemnify and hold Landlord, and its elected and appointed officers, directors, officials, agents, and employees, and the property of Landlord, including the Premises, free and harmless from any and all liability, loss, damages, fines, penalties, claims, and actions resulting from Tenant's failure to comply with and perform the requirements of this Section. Tenant's Duty to Restore Premises Section 7.03. If at any time during the term of this lease, any Improvements now or hereafter on the Premises are destroyed in whole or in part by fire, theft, the elements, or any other cause not the fault of Landlord, this lease shall continue in full force and effect and Tenant, at Tenant's own cost and expense, shall repair and restore the damaged Improvements. Any restoration by Tenant shall comply with the original plans for the Improvements described in Article 5, except as may be modified by Tenant to comply with any local building regulations, or except as may be otherwise modified by Tenant and approved in writing by Landlord. The work of repair and restoration shall be commenced by Tenant within sixty (60) days after the damage or destruction occurs and shall be completed with due diligence not laterthan one hundred twenty (120) days after the work is commenced. In all other respects, the work of repair and restoration shall be done in accordance with the requirements for original construction work on the Premises set forth in Article 5 of this lease. Tenant's obligation for restoration described in this Section shall exist whether or not funds are available from insurance proceeds. Application of Insurance Proceeds Section 7.04. Any and all fire or other insurance proceeds that become payable at any time during the term of this lease because of damage to or destruction of any Improvements on the Premises shall be paid to Tenant and applied by Tenant toward the cost of repairing and restoring the damaged or destroyed Improvements in the manner required by Section 7.03 of this lease. [Remainder of Page Intentionally Blank] - 8 - ARTICLE 8 INDEMNITY AND INSURANCE Indemnity Agreement Section 8.01. Tenant shall indemnify and hold Landlord, and Landlord's elected and appointed officers, officials, directors, agents, and employees, and Landlord's property, including the Premises and Improvements now or hereafter on the Premises, free and harmless from any and all liability, claims, loss, damages, orexpenses resulting from Tenant's occupation and use of the Premises, specifically including, without limitation, any liability, claim, loss, damage, or expense arising by reason of the following: (a) The deathor injury of any person, including Tenant or any person who is an employee or agent of Tenant, or by reason of the damage toor destruction of any property, including property owned by Tenant or by any person who is an employee or agent of Tenant, from any cause whatever while that person or property is in or on the Premises or in any way connected with the Premises or with any of the Improvements or personal property on the Premises; (b) The death or injury of any person, including Tenant or any person who is an employee or agent of Tenant, or by reason of the damage to or destruction of any property, including property owned by Tenant or any person who is an employee or agent of Tenant, caused or allegedly caused by either (1) the condition of the Premises or some building or improvement on the Premises, or (2) some act or omission on the Premises of Tenant or any person in, on, or about the Premises with the permission and consent of Tenant; (c) Any work performed on the Premises or materials furnished to the Premises at the instance or request of Tenant or any person or entity acting for or on behalf of Tenant; or (d) Tenant's failure to perform any provision of this lease or to comply with any requirement of law or any requirement imposed on Tenant or the Premises by any duly authorized govemmental agency or political subdivision. Liability Insurance Section 8.02. Tenant shall, at Tenant's own cost and expense, procure and maintain during the entire term of this lease a broad form comprehensive coverage policy of public liability insurance issued by an insurance company licensed and admitted by the State of California insuring Tenant and Landlord against loss or liability caused by .or connected with Tenant's occupation and use of the Premises under this lease in amounts and under the terms of EI Cajon City CouncilPolicy No. 0-3, a copy ofwhich is attached as Exhibit "B" hereto and incorporated herein by this reference. - 9 - Fire and Casualty Insurance Section 8.03. Tenant shall, at Tenant's own cost and expense, at all times during the term of this lease, keep all Improvements on the Premises insuredfortheirfull replacement value by insurance companies authorized to do business in the State of California against loss or destruction by fire and the perils commonly covered under the standard extended coverage endorsement to fire insurance policies in the county where the Premises are located. If at any time a leasehold encumbrance is in existence, the policy shall also contain a standard lender endorsement. Deposit of Insurance With Landlord Section 8.04. Tenant shall, within ten (10) days after the execution of this lease and promptly thereafter when any such policy is replaced, rewritten, or renewed, deliver to Landlord a true and correct copy of each insurance policy required by this Article of this lease or a certificate executed by the insurance company or companies or their authorized agent evidencing that policy or policies. Notice of Cancellation of Insurance Section 8.05. Each insurance policy required under this Article shall contain a provision that it cannot be canceled for any reason unless at least ten (10) days' prior written notice of the cancellation is given to Landlord in the manner required by this lease for service of notices on Landlord by Tenant. ARTICLE 9 CONDEMNATION Total Condemnation Section 9.01.lf, during the term of this lease, fee title to all of the Premises or to all of the Improvements, or the entire leasehold estate of Tenant is taken under the power of eminent domain by any public or quasi-public agency or entity (a "Total Taking"), this lease shall terminate as of 12:01 a.m. on whichever of the following occurs first: (1) the date legal title becomes vested in the agency or entity exercising the power of eminent domain, or (2) the date actual physical possession is taken by the agency or entity exercising the power of eminent domain. Thereafter, both Landlord and Tenant shall be released from all obligations under this lease, except those specified in Section 9.05. Partial Taking-Restaurant Section 9.02.lf at any time during the term of this lease, a taking of the adjacent - 10-