Feb 26, 2019 City Council Meeting 3pm

THE CITY CLERK POSTED ORDERS OF A GENTLEMAN OF THE FEBRUARY 12TH, 2019 MEETING AND THE AGENDA OF THE FEBRUARY 26TH, 2019 MEETING IN ACCORDANCE WITH STATE LAW COUNSEL AND HOUSING AUTHORITY POLICY.

[ POSTINGS: The City Clerk posted Orders of Adjournment of the February 12, 2019, Meeting and the Agenda of the February 26, 2019, Meetings in accordance to State Law and Council/Authority/Successor Agency to the Redevelopment Agency Policy.]

[ PRESENTATIONS: National Read Across America Day Neighborhood Watch Recognition ]

WE HAVE TWO PRESENTATIONS ON TODAY'S AGENDA.

FOR THE FIRST ONE, I WOULD LIKE TO ACKNOWLEDGE READ ACROSS AMERICA DAY ON MARCH 2ND WITH CELEBRATES DR SEUSS'S BIRTHDAY AND PROMOTES READING LITERACY ON FRIDAY, MARCH 1ST I ENCOURAGE EVERYONE TO PUT ON THEIR CAT IN THE HAT.

I GUESS I SHOULD DO THAT HERE.

WHAT ARE YOU LAUGHING AT HERE AND READ TO YOUR KIDS? GRANT, GRANDCHILDREN OR TO A CLASSROOM? MONICA, ZACK, THE CITY PUBLIC'S INFORMATION OFFICER WILL READ A HIGHLY ABRIDGED VERSION OF THE DR SEUSS CLASSIC.

OH, THE PLACES YOU'LL GO, MONICA.

THANK YOU MAYOR.

CONGRATULATIONS.

TODAY IS YOUR DAY.

YOU'RE OFF TO GREAT PLACES.

YOU'RE OFF AND AWAY.

YOU'LL LOOK UP AND DOWN STREETS, LOOK THEM OVER WITH CARE ABOUT SOME YOU WILL SAY, I DON'T CHOOSE TO GO THERE WITH YOUR HEAD FULL OF BRAINS AND YOUR SHOES FULL OF FEET.

YOU'RE TOO SMART TO GO DOWN, NOT SO GOOD STREETS AND YOU MAY NOT FIND ANY.

YOU'LL WANT TO GO DOWN.

IN THAT CASE, OF COURSE YOU'LL HEAD STRAIGHT OUT OF TOWN EXCEPT WHEN THEY DON'T BECAUSE SOMETIMES THEY WON'T.

I'M AFRAID THAT SOMETIMES YOU'LL PLAY LONELY GAMES TOO.

GAMES YOU CAN'T WIN BECAUSE YOU'LL PLAY AGAINST YOU.

YOU'LL GET MIXED UP OF COURSE, AND YOU ALREADY KNOW.

YOU'LL GET MIXED UP WITH MANY STRANGE BIRDS AS YOU GO.

SO BE SURE WHEN YOU STEP STEP WITH CARE AND GREAT TACT AND REMEMBER THAT LIFE'S A GREAT BALANCING ACT.

JUST NEVER FORGET TO BE DEXTROUS AND DEATH AND NEVER MIX UP YOUR RIGHT FOOT WITH YOUR LEFT.

AND WILL YOU SUCCEED? YES, YOU WILL.

INDEED.

98 AND THREE QUARTERS PERCENT GUARANTEED KID, YOU'LL MOVE MOUNTAINS.

SO BE YOUR NAME, BOX BOMB OR BIXBY OR BRAY OR MOTOR KAI, ALLY VAN ALLEN O'SHEA.

YOU'RE OFF TO GREAT PLACES.

TODAY IS YOUR DAY.

YOUR MOUNTAIN IS WAITING, SO GET ON YOUR WAY.

HEY, VERY NICE.

I THANK YOU.

AND WITHOUT THE CITY EMPLOYEES HAVE GENEROUSLY DONATED DR SEUSS BOOKS TO THE VALLEY SCHOOL DISTRICT.

I'D LIKE TO POINT OUT THAT THE MID MANAGEMENT PROFESSIONAL EMPLOYEE GROUP DONATED A 20 VOLUME SET OF CLASSIC TITLES OF DR SEUSS.

SO IN THAT I'D LIKE TO INVITE DR. DAVID MERE CHERYL UP SO I CAN PRESENT HIM WITH THE BOOKS.

HE'S GOT TO WEAR THE HAT.

THEY WOULD ALL WEAR THE HAT.

YOU WEAR THAT.

OKAY, SOUNDS GOOD.

THEN I'LL LET MY BOSS DO THE TALKING.

THIS IS BOARD MEMBER TRUSTEE CARRYING ME HERE.

I JUST WANT TO THANK YOU ON BEHALF OF THE DISTRICT TO 'EM FOR JUST, IT'S BEEN SO MUCH FUN SEEING THE KIDS DRESS UP.

UM, YESTERDAY, YOU KNOW, GREEN EGGS AND HAM TO FOX IN SOCKS.

SO, UM, TO GET THEIR EXCITEMENT FOR READING AND IT'S JUST BEEN SO WONDERFUL.

SO THANK YOU.

TALK ABOUT NEIGHBORHOOD WATCH.

YOU GUYS DO A GREAT JOB.

I WANT TO SAY THANK YOU ALSO TO THE COUNCIL CITY STAFF AND FOR EVERYONE WHO BOUGHT, WHO DONATED TO THIS CHARITABLE GIFT TO OUR DISTRICT.

SO WONDERFUL.

THANK YOU SO MUCH.

OKAY, FOR OUR NEXT PRESENTATION, I'D LIKE TO INVITE THE CITY COUNCIL OF JOY OF BELO AND I ALSO INVITE OFFICER SUE STROLLER TO SHARE WITH US ALL ABOUT THIS ISSUE.

CAN WE HAVE A, I LIKE TO WEAR ONE OF THOSE HATS TOO, BUT I DON'T HAVE ONE.

OH, I DO.

MESS UP MY HAIR.

I HAVE REALLY GOOD HAIR.

IT'S GOING TO MESS UP MY HAIR.

ALRIGHT, SO MAYOR WALES, COUNCIL AND SORT OF STAFF, THANK YOU FOR THIS TIME TO

[00:05:01]

YOU KNOW, OUR CITY IS BOTH ON THE STRENGTH OF OUR CITIZENS EVERY DAY.

CITIZENS ARE CALLED UPON TO HELP LAW ENFORCEMENT BE THE EYES AND EARS DURING CERTAIN SITUATIONS.

NOT ONLY DOES NEIGHBORHOOD WATCH ALLOW CITIZENS TO HELP IN THE FIGHT AGAINST CRIME, IT IS ALSO AN OPPORTUNITY FOR COMMUNITIES TO BOND THROUGH SERVICE.

SINCE 1972 THE NATIONAL NEIGHBORHOOD WATCH PROGRAM HAS, HAS WORKED TO UNITE LAW ENFORCEMENT AGENCIES AND CITIZENS IN A NATIONWIDE EFFORT TO REDUCE CRIME AND IMPROVE LOCAL COMMUNITIES.

THIS SUCCESS HAS ESTABLISHED THIS PROGRAM AS ONE OF THE NATION'S PREMIER CRIME PREVENTION PROGRAMS. SO MAYOR WELLS COUNCIL AND CITY STAFF, I'D LIKE TO RECOGNIZE AND CAN CONGRATULATE TWO NEIGHBORHOODS IN THE CITY OF EL CAHONE FOR NOT ONLY ORGANIZING THESE TWO NEWLY ESTABLISHED NEIGHBORHOOD WATCH AREAS, BUT DOING IT WITH SUCH COMMITMENT AND PASSION FOR THEIR COMMUNITY.

SO I'D LIKE TO INVITE BLOCK CAPTAIN SHONDA SIMMMONS FROM THE 1100 BLOCK OF FAIRVIEW AND ALSO BLOCK CAPTAIN SUSAN DOLE OF THE VIA NOVIA COUNTRY ESTATES AND A FEW OF THE OTHER COMMUNITY MEMBERS AS WELL.

PLEASE COME ON UP.

AND THEN I'D ALSO LIKE TO, WHEN WE COME UP HERE, IF CHIEF DAVIS COULD ALSO COME DOWN SO WE CAN WITH MY HEAD ON.

REALLY, YOU DON'T HAVE TO WEAR THIS, THIS, NO, NO, I YOU WERE GOING TO SAY IT.

ALRIGHT.

ALRIGHT, WE READY TO COME ON THROUGH HERE? YEAH.

SUSAN, IF YOU WANT TO RUN UP HERE AND EVERYBODY, EVERYBODY COME ON HER.

THEY CAN TAKE PICTURES.

Y'ALL COME, COME OVER HERE.

I THINK YOURS IS OVER HERE.

HI CHIEF, WOULD YOU LIKE TO SEE, I WOULD THANK YOU, UH, UH, MAYOR AND CITY COUNCIL FOR TAKING THE TIME TO RECOGNIZE THESE IMPORTANT FOLKS.

AS OFFICER STOLLER SAID, THE NEIGHBORHOOD WATCH PROGRAM IS NOT ONLY A TREMENDOUS BENEFIT TO THE POLICE DEPARTMENT, BUT IT IS TO THE COMMUNITY AS WELL BECAUSE THIS PROGRAM BRINGS NEIGHBORS TOGETHER AS EVIDENCE DURING OUR NATIONAL NIGHT OUT WHEN WE GOT THE OPPORTUNITY TO GO OUT TO SOME OF THE NEIGHBORHOOD WATCH, UH, UH, DINNERS, TREMENDOUS TURNOUT, A GREAT ORGANIZATIONAL, UH, PROGRAM, GREAT CONCEPT.

UH, BUT I WOULD ALSO LIKE TO THANK OFFICER STOLLER FOR DOING SUCH A FANTASTIC JOB IN ORGANIZING THIS AND AGAIN TO THE MAYOR AND COUNCIL TAKE THANK YOU FOR TAKING THE TIME TO RECOGNIZE THESE IMPORTANT FOLKS.

WOULD YOU ALL HAVE TO SAY SO? I THINK THAT THINK, UM, MY GROUP OF RESIDENTS, THEY ARE AMAZING.

THEY, THEY ARE SO CARING ABOUT THEIR NEIGHBORS AND, AND ATTENTIVE AND OFFICER'S STOLLER.

WE, YOU MUST NEVER RETIRE.

NEVER LET HER QUIT BECAUSE SHE, YOU'VE BEEN SO ATTENTIVE AND UM, JUST VERY CONSCIENTIOUS AND INFORMATIVE AND HELPED US.

WE COULDN'T HAVE DONE IT WITHOUT YOU.

YES, I LIKE TO PIGGYBACK ON THAT.

OFFICER STOLLER HAS BEEN AN EXCELLENT, TREMENDOUS MOVEMENT IN OUR NEIGHBORHOOD AND MOST OF OUR NEIGHBORS ARE AT WORK, SO WE HAVE TO REPRESENT THIS WAY AND IT'S GOING TO GET BETTER.

YES.

AS LONG AS WE'RE UP HERE.

ANYBODY ELSE WAS SAY A LITTLE SMALL SPEECH.

THANK YOU ALL VERY MUCH FOR ALL THAT YOU DO AND WE REALLY APPRECIATE YOUR INVOLVEMENT IN THE COMMUNITY.

OKAY.

AND THEN WHAT HAPPENED IS HE WAS SIX MONTHS AND NO ONE EVER SAID ANYTHING.

[ AGENDA CHANGES:]

WITHOUT CONSENT ITEMS, CONSENT ITEMS, ROUTINE MATTERS AND ACTED 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.

STAFF, DO YOU HAVE ANY AGENDA CHANGES FOR TODAY, MR MAYOR? NO CHANGES TO THE AGENDA.

COUNCIL.

ARE THERE ANY AGENDA CHANGES FROM THE COUNCIL? IT LOOKS LIKE THAT

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

COUNCIL MEMBERS, DO YOU WISH TO PULL ANY CONSENT ITEMS? STAFF? ALL RIGHT THEN I WOULD LIKE TO MAKE A MOTION THEN TO APPROVE THE CONSENT ITEMS. MOVED AND SECONDED.

PLEASE VOTE.

OKAY.

MOTION CARRIES.

MAGNANIMOUS VOTE OF THOSE PRECEDENTS.

[00:10:02]

[ PUBLIC COMMENT: At this time, any person may address a matter within the jurisdiction of the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency that is not on the Agenda. Comments relating to items on today’s docket are to be taken at the time the item is heard. State law prohibits discussion or action on items not on the Agenda; however, Council, Authority and Agency Members may briefly respond to statements or questions. An item may be placed on a future Agenda.]

THAT BRINGS US THEN TO PUBLIC COMMENT.

AT THIS TIME, ANY PERSON MAY ADDRESS A MATTER WITHIN THE JURISDICTION OF THE CITY COUNCIL HOUSING AUTHORITY SUCCESSOR AGENCY TO THE ALCOHOL REDEVELOPMENT AGENCY THAT IS NOT ON THE AGENDA.

STATE LAW PROHIBITS DISCUSSION OR ACTION ON ITEMS NOT ON THE AGENDA.

HOWEVER, COUNCIL AUTHORITY, AGENCY MEMBERS MAY BRIEFLY RESPOND TO STATEMENTS OR QUESTIONS AND AN ITEM MAY BE PLACED ON A FUTURE AGENDA.

ANGELA, DO WE HAVE ANY CARDS ON A PUBLIC COMMENT? NO.

KITES, SIR.

EXCELLENT.

NONE.

LET'S BE PUT OUT OF HISTORY.

IS ONE OF THE FASTEST MEETINGS EVER.

LET'S SEE.

ALL RIGHT, THERE ARE NO WRITTEN COMMUNICATIONS ON TODAY'S AGENDA

[14. Delinquent Refuse Collection Charges RECOMMENDATION: That the City Council: Opens the Public Hearing and considers public testimony; Closes the Public Hearing; Adopts the next Resolutions, in order, confirming the list of property owners as delinquent in the payment of their mandatory trash service bills; and, Authorizes 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.]

AND WE ARE NOW PUBLIC HEARINGS.

ITEM 14 IS FOR DELINQUENT REFUSE CHARGES AND STAFF.

WE PLEASE TELL US ABOUT THIS.

GOOD AFTERNOON MAYOR AND CITY COUNCIL MEMBERS IS MY PLEASURE TO BRING BEFORE YOU THIS ITEM ON DELINQUENT REFUGE CHARGES.

UH, THESE REFUSE CHARGES ARE FOR THOSE WHO HAVE RECEIVED BILLS FOR TRASH SERVICE WITHIN THE CITY LIMITS AND HAVE NOT PAID THOSE.

SO THOSE BILLS HAVE GONE DELINQUENT.

WE SENT OUT NOTICES TO EACH OF THESE, UH, DELINQUENT ACCOUNTS AND HAVE GIVEN THEM AN OPPORTUNITY TO PAY THOSE PAST DUE AMOUNTS.

AND THEN WE ALSO GIVE THEM A NOTE, ANOTHER NOTICE SAYING THAT THEY'RE A, THERE WOULD BE A LIST WITH THEIR NAME ON IT FOR THIS COUNCIL MEETING FOR CONSIDERATION OF A LIEN.

AND THERE WERE ACTUALLY SEVERAL WHO CAME IN AND PAID THAT.

HOWEVER, UH, WE ARE STILL OUTSTANDING AS OF YESTERDAY, 393 ACCOUNTS, TOTALLY.

$56,519 AND 64 CENTS.

SO THAT WENT DOWN FROM AN ORIGINAL 599.

SO FROM FIVE 99 TO THREE 93 ALMOST A LITTLE OVER 200 HAVE PAID.

SO THAT'S GOOD.

UM, AND THAT IS MY REPORT AND THE MATTER IS BEFORE YOU FOR CONSIDERATION AT THIS TIME.

DARK COUNSEL.

DO YOU HAVE ANY QUESTIONS OR COMMENTS FOR STAFF? ALL RIGHT.

THE PUBLIC HEARING IS NOW OPEN.

ANGELA, DO I HAVE ANY SPEAKER CARDS, SIR? WE HAVE NO CARDS.

I LIKE TO MAKE A MOTION TO CLOSE THE PUBLIC HEARING.

MOVING THE SECOND PLEASE.

VOTE.

I CANCEL IT IF I WANT TO MAKE A MOTION.

SECOND.

MOVING THE SECOND AND PLEASE VOTE.

CONTINUE WITH PUBLIC HEARINGS.

[15. Delinquent Sewer Service Charges RECOMMENDATION: That the City Council: Opens the Public Hearing and considers public testimony; Closes the Public Hearing; Adopts the next Resolutions, in order, confirming the list of property owners as delinquent in the payment of their mandatory sewer service bills; and Authorizes 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. ]

ITEM 15 IS FOR DELINQUENT SEWER SERVICE CHARGES.

STAFF.

WILL YOU TELL US ABOUT THIS PLACE SIMILAR TO THE REFUSE LIENS? I'M HERE BEFORE YOU ARE SEWER LIENS OR WASTEWATER LIENS FOR PAST DUE ACCOUNTS, I'M HERE.

WE STARTED WITH APPROXIMATELY 666, UH, ACCOUNTS THAT WERE PAST DUE.

AGAIN, WE GAVE THEM THE OPPORTUNITY TO PAY THAT AND WE NOW TODAY HAVE 340 OWEN.

AND SO WE'RE LOOKING TO TRANSFER THESE TO THE LIENS TO PLACE LIENS ON THEIR PARCELS.

AND, UH, JUST FOR THE, YOUR INFORMATION AND THE PUBLIC, UH, INFORMATION.

IF THEY DO PAY THESE PRIOR TO THE AUGUST COUNCIL MEETING, IT WILL BE, UH, ELIMINATED AS A LIEN AND NOT PLACED ON THE TAX BILL.

SO, UH, WE COLLECT, WE DO THIS EVERY THREE OR FOUR MONTHS.

AND THEN AT THE AUGUST COUNCIL MEETING, WE COLLECT ALL THE ONES THAT STILL HAVE NOT BEEN PAID, ALL THE LIENS THAT ARE STILL OUTSTANDING.

AND THEN IN AUGUST THEY ARE ASSESSED ON THE PROPERTY TAX BILL.

SO JUST WANT TO MAKE THAT, UH, AWARE, MAKE EVERYBODY AWARE OF THAT.

AND SO WE HAVE 340 STILL OWING FOR SEWER ACCOUNTS.

TOTALLY.

$96,000 418 AND 93 CENTS.

THANK YOU DEREK.

COUNSEL, ANY QUESTIONS? PUBLIC HEARING IS NOW OPEN TO ANGELS.

WE HAVE A SPEAKER CARDS.

WE HAVE NO CARDS HERE.

I'LL HAVE TO MAKE A MOTION THAT THE CLOSE PUBLIC HEARING MOVE THE SECOND AND PLEASE VOTE.

SOMEBODY LIKE TO MAKE A MOTION, STOP THE NEXT RESOLUTION CONFIRMING THE LIST OF THE PROPERTY OWNERS.

SECOND, MOVE IN SECOND AND PLEASE VOTE.

[00:15:01]

ADA, ANY OF THOSE OTHER RESTRICTIONS, IT'S JUST FOCUS ON THE ZONING CODE.

THANK

[16. Consideration to Exempt Municipal Projects from the Zoning Code and Entitlement Process. RECOMMENDATION: That the City Council: Directs the Planning Commission to hold a public hearing at its March 19, 2019 meeting and process an amendment exempting municipal projects and uses from the El Cajon Municipal Code; and Directs the City Clerk to publish a notice of public hearing for the March 26, 2019 meeting where the City Council will decide on the Planning Commission's recommendation.]

YOU.

ITEM 16 IS CONSIDER THE EXEMPTION OF MUNICIPAL PROJECTS FROM THE ZONING CODE STAFF.

WE PLEASE EXPLAIN THIS TO US.

HI TONY .

GOOD AFTERNOON MAYOR AND CITY COUNCIL.

UM, STAFF BELIEVES THAT THERE'S AN OPPORTUNITY THAT'S MISSING FROM THESE ZONING CODE, UH, THAT'S AVAILABLE TO THE CITY UNDER THE LAW.

UM, WHEN IT COMES TO LOCAL LAND USE REGULATIONS, THE LAW RECOGNIZES THAT CERTAIN GOVERNMENTAL ENTITY ENTITIES ARE EXEMPT.

FOR EXAMPLE, WHEN THE STATE IS CONDUCTING AND TO CONFIRM GOVERNMENTAL ACTIVITY, IT IS IMMUNE FROM LOCAL BUILDING AND ZONING REGULATIONS.

LIKEWISE, SCHOOL DISTRICTS AND OTHER AGENCIES SUCH AS MAYBE TRANSIT MAY EXEMPT THEMSELVES FROM THOSE SAME REGULATIONS.

SO THE CALIFORNIA CONSTITUTION GIVES CITIES THE ABILITY TO MAKE AN ENFORCE, UM, WITHIN THEIR LIMITS.

UH, REGULATIONS THAT ARE NOT IN CONFLICT WITH THE GENERAL, WITH GENERAL LAW.

THIS INCLUDES THE POWER TO, UM, ADOPT ZONING REGULATIONS, GIVING THE CITY THE DISCRETION TO RE RE REGULATE LAND USE AND ALL THAT IT ENTAILS.

NOW BECAUSE THE CITY HAS THIS ABILITY, UH, IT ALSO MAY EXEMPT ITSELF FROM SUCH REGULATIONS.

SO IT HAS THAT ABILITY TO DO THAT AS WELL.

AND INDEED MANY CITIES ACROSS CALIFORNIA AS WELL AS THE NATION HAVE DONE SO.

AND THE STAFF BELIEVES THAT HAVING SUCH AN EXEMPTION HAS SOME ADVANTAGES SUCH THAT AS, UH, IT AVOIDS UNNECESSARY DELAYS IN THE DEVELOPMENT OF PUBLIC PROJECTS AND USES, IT AVOIDS UNNECESSARY WASTE OF YOUR MUNICIPAL RESOURCES AND IT AVOIDS INCREASES IN THE COST OF PROJECTS TO THE TAXPAYER.

BASICALLY, IT ENSURES THAT THE PUBLIC, THAT PUBLIC PROJECTS THAT ARE PROPOSED HERE IN OKLAHOMA ARE EXPEDITIOUSLY PROCESSED AS FAST AS POSSIBLE.

AND SO THE STAFF IS ASKING THAT THE CITY COUNCIL CONSIDER THIS PROPOSAL AND IF IT AGREES THEN TO DIRECT THE PLANNING COMMISSION TO PROCESS A ZONING CODE AMENDMENT FOR THE, UM, EXCEPTION OF FOR MUNICIPAL PROJECTS AT ITS MARCH 19TH MEETING AND ALSO DIRECT THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR THIS ITEM TO BE HEARD AT THE COUNCIL'S MARCH 26 MEETING AND STAFF IS AVAILABLE TO ANSWER ANY QUESTIONS.

THANKS, TONY.

I'M NOT NECESSARILY AGAINST IT.

I JUST, MAYBE YOU NEED MORE INFORMATION.

SO SOMETIMES I, I'VE HEARD PEOPLE, WHETHER IT'S BEEN AT THIS CHAMBER OR OTHER COUNCILS WHERE THEY'VE SAID SOMETHING LIKE, UM, UM, THEY'D BEEN LIKE DEVELOPERS OR BUSINESS PEOPLE AND THEY'VE SAID SOMETHING IN PUBLIC COMMENT LIKE, I CAN X AMOUNT OF CODE VIOLATIONS IN THIS BUILDING OR SOMETHING LIKE THAT, UM, OR ANOTHER, UH, BUILDINGS IN THE CITY THAT THE CITY OWNS AND WHAT HAVE YOU.

SO THIS WOULD, UM, UNDER THE CALIFORNIA SUPREMACY CLAUSE, THIS, EVEN THOUGH IT IS OUR, UH, RIGHT UNDER THAT CONSTITUTION, CALIFORNIA CONSTITUTION, THAT THAT MEANS WE CAN AVOID A LOT OF THIS RED TAPE WITH RESPECT TO CERTAIN CODES THAT THE GENERAL PUBLIC HAS TO FOLLOW AND ABIDE BY.

AND ALSO, DOES THIS INCLUDE ADA? SO, UH, THIS IS EXCLUSIVE TO ZONING REGULATIONS, LAND USE REGULATIONS ONLY.

UM, NOT THE CALIFORNIA BUILDING CODE WITH THIS OR ADA.

THE CITY WOULD NOT BE EXEMPTING ITSELF FROM DEVELOPING PROPERTIES, PROJECTS, UH, CONTRARY TO THE CALIFORNIA BUILDING CODE.

WHAT WE'RE TALKING ABOUT, UH, THE, UH, THE ZONING CODE, UM, PROVISIONS AND THE ALCON CODE AS WELL AS THE ENTITLEMENT PROCESS.

SO THEN WE'RE TALKING ABOUT UM, COMMERCIAL VERSUS RESIDENTIAL VERSUS INDUSTRIAL AND THINGS LIKE THAT.

BASICALLY WHAT WE'RE TALKING ABOUT ARE PUBLIC PROJECTS SUCH AS A PARK, UM, SOCCER FIELDS AT A PARK OR MAYBE A PUBLIC FACILITY LIKE A POLICE STATION OR FIRE STATION IN ANY OF THOSE ZONES.

SO ANY OF THOSE AREAS, RESIDENTIAL, COMMERCIAL OR INDUSTRIAL.

SO, UM, SIMPLIFIED.

THEN IF THERE'S A PARCEL OF LAND THAT IS UH, INDUSTRIAL AND WE NEED IT TO BE, UH, NOT INDUSTRIAL, WE WOULD JUST DO THAT WITHOUT GOING THROUGH THE, WE WOULD BE EXEMPT FROM THE CURRENT LAND USE CODE IF THIS CITY, THE QUESTION I BELIEVED THAT THE, YOUR, THE ANSWER TO YOUR QUESTION WOULD BE YES, THE ZONING WOULDN'T CHANGE, THE CITY WOULD MOVE FORWARD WITH THE PUBLIC PROJECT.

SO I'LL GIVE YOU AN EXAMPLE.

LET'S SAY THERE IS AN OPPORTUNITY TO DO SOMETHING POSITIVE THAT WOULD BENEFIT THE COMMUNITY, THE PUBLIC WORKS YARD.

SO AS A COUNCIL VOTES ON THAT, YOU COULD EXEMPT YOURSELF FROM THAT CODE AS LONG AS YOU CAN FIND THAT THERE'S A PUBLIC BENEFIT FOR THAT.

AND THAT WOULD JUST RELATE TO THE ZONING.

AND AS MR CHUTE SAID, WHEN APPLIED TO BUILDING CODES,

[00:20:01]

WHAT IS THE DIFFERENCE BETWEEN DOING THAT AT STANDARDS I SHOULD SAY, SORRY.

NO, NO, SORRY.

WHAT, WHAT WOULD BE THE DIFFERENCE BETWEEN DOING NOT DOING THAT AS OPPOSED TO LIKE WHAT, I GUESS WHAT I'M TRYING TO SAY IS WHAT DO WE DO NOW? DO WE DO IT ON A CASE BY CASE AND TALK ABOUT THE PROJECT AS IT IS BEFORE ADOPTING THIS? YEAH.

LET'S SAY LET'S SAY THE ANIMAL SHELTER FOR EXAMPLE, FOR WHATEVER REASON THAT THAT DIDN'T MEET THE ZELLE, THE RIGHT, THE RIGHT ZONING REQUIREMENTS, WE'D HAVE TO GO THROUGH WHAT A DEVELOPER WOULD GO THROUGH AND MODIFY THE ZONE, GO THROUGH THAT ANALYSIS IN ORDER TO, TO GET THAT POINT.

THE DIFFERENCE BETWEEN US AND A DEVELOPER IS OUR PROJECT IS ULTIMATELY FOR THE PUBLIC GOOD AND NOT TO SORT OF TURN IT BACK.

SO, UM, IF WE WANTED TO DO THAT PROJECT AND IT WASN'T ZONED RIGHT, CAN WE JUST VOTE ON IT? CAN WE JUST VOTE ON SURPASSING THAT, UH, ZONE LAND USE ZONE? UH, USING THE ANIMAL SHELTER FOR AS AN EXAMPLE.

WOULDN'T THAT BE A PART OF THE VOTE ANYWAY? YES.

BUT IT WOULD INCLUDE THAT ANALYSIS THAT WOULD GO ALONG WITH THAT AND WE WOULD DO THE SAME ANALYSIS THAT WE WOULD DO.

WHETHER YOU ARE REZONING A PROPERTY FROM RESIDENTIAL TO COMMERCIAL, WE WOULD GO THROUGH THAT SAME EXERCISE, THE SAME PROCESS AND THIS WOULD ELIMINATE THAT.

IT WOULD STREAMLINE IT BASICALLY MAKING IT, IF IT WAS A W, WHETHER IT'S FOR THE, YOU KNOW, THE PUBLIC'S BENEFIT OR JUST, OR JUST A CITY PROJECT, LIKE YOU SAID, SOMEBODY IN PUBLIC WORKS BACKYARD OR WHATEVER.

UM, IT WOULD, WE WOULDN'T NEED TO GO THROUGH ANY OF THAT.

IT WOULD JUST HAPPEN.

WILL THERE BE A CITY COUNCIL REQUIREMENT? I MEAN THERE'D BE SOME ACTION THE COUNCIL WOULD HAVE TO TAKE IN ORDER TO MAKE THAT PROJECT OCCUR.

SO THIS ISN'T STAFF JUST SAYING, HEY, LET'S BUILD A 20 STORY BUILDING RIGHT HERE.

EVEN THOUGH IT'S NOT ZONE FOR, THERE WOULD HAVE TO BE SOME CITY ACTION TAKEN.

ANY MORE QUESTIONS FOR TONY? THANK YOU.

TONY.

ANGELA DUALLYS SPEAKER CARDS ON THIS OR WE HAVE NO CARD, SIR.

ANY DISCUSSION WITH SOMEBODY LIKE TO MAKE A MOTION? UH, MAKE A MOTION THAT WE DIRECT THE PLANET COMMISSION TO HOLD A PUBLIC HEARING AND IT'S MARCH 19TH, 2018 MEETING AND PROCESS AND AMENDMENT EXEMPTING MUNICIPAL PROJECT AND USES FROM THE OKLAHOMA MUNICIPAL CODE AND DIRECT THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR THE MARCH 26 2019 MEETING WHERE THE CITY COUNCIL WILL DECIDE ON THE PLANNING COMMISSION'S RECOMMENDATION.

SOUND GOOD? ALRIGHT, MOVE THE SECOND PLEASE.

VOTE.

WE'RE NOW AT THE ACTIVITIES REPORT OF COUNCIL MEMBERS, COUNCIL MEMBER KENDRICK AS REPORTED.

THERE ARE NO COMMISSIONER REPORTS TODAY.

ITEM 17 IS MY ACTIVITIES REPORT WHICH IS AS REPORTED AND THERE ARE NO LEGISLATIVE UPDATES TODAY.

[14. ACTIVITIES REPORTS/COMMENTS OF COUNCILMEMBERS:]

COUNCIL MEMBER MCCALL.

YES, I HAVE A COUPLE OF QUESTIONS.

UH, OTHER THAN WHAT'S REPORTED.

UM, I KNOW WE'VE HAD A LOT OF RAINS RECENTLY AND UM, WE'VE HAD SOME POTHOLES AND THINGS.

IN FACT, I REPORTED ONE TO GRAHAM THE OTHER DAY.

I DON'T KNOW IF IT'S BEEN FIXED YET OR NOT, BUT, UM, DO WE HAVE A NUMBER THAT WE CAN CALL IN THE CITY TO RATHER THAN JUST BOTHERING TERESA WITH ALL THAT? DO YOU HAVE A NUMBER OF DIRK THAT, DO YOU WANT THAT EXPOSED? W WE, WE DON'T HAVE THAT NUMBER ON US, BUT THERE IS A NUMBER THAT PEOPLE CALL THROUGH PUBLIC WORKS.

THEY CAN ALSO DO A WORK ORDER OR A R A A COMMENT THROUGH THE CITY'S WEBSITE, BUT MAYBE NOW, NOW THAT THE RAINS ARE GETTING CLOSE TO BEING OVER, UH, SOME SOCIAL MEDIA INFORMATION ABOUT THAT WOULD BE PROBABLY A GOOD IDEA.

IN THE GROUND AND NOT IN THE, IN THE SEWER.

AND UH, ONE OTHER THING I WAS GONNA SUGGEST IS THAT I KNOW THAT WE, WE DEVELOP NEW SEWER RATES.

I DON'T KNOW IF WE DO IT EVERY YEAR OR, BUT WITH ALL THE RAIN WE'VE HAD OBVIOUSLY, UH, IT WOULD BE A PRETTY GOOD MEASURE OF HOW MUCH WATER IS REALLY BEING USED IN HOMES.

AND, UM, BECAUSE A LOT OF PEOPLE PROBABLY HAVE BEEN WATERING THEIR, UM, LANDSCAPING AS I'VE HAD MINE OFF FOR QUITE A WHILE.

AND IF WE WOULD REESTABLISH THE SEWER RATES BASED UPON THE WATER USAGE THIS YEAR, UM, EVEN THOUGH WE MIGHT HAVE A, UM, A FEW DIFFERENCES BECAUSE I KNOW WE HAVE, UH, A LOT OF LANDSCAPING AROUND OUR HOUSE UNFORTUNATELY.

BUT, UH, WE, UH, WE PAY FOR ALL THAT WATER THAT GOES DOWN THE

[00:25:01]

SO I WONDER IF THAT WOULD BE A GOOD TIME TO DO THAT.

AGAIN, I KNOW WE'VE DONE IT IN THE PAST TOO.

WE'RE ACTUALLY GEARING UP, WE'RE ACTUALLY DOING THE ANALYSIS RIGHT NOW AND PART OF THAT, I MEAN, AS YOU KNOW, SEWER RATES ARE BASED ON HOW MUCH FLOW WE HAVE THAT GOES INTO METRO.

THAT REALLY IS WHAT DRIVES THE BIGGEST COMPONENT OF THE RATE.

IDEALLY THERE'S NO STORM WATER THAT GOES INTO OUR SEWER.

UH, THERE UNFORTUNATELY DO, WE DO HAVE PEAKS BUT THEY, THEY BASE THEIR SEWER RATES OR THEIR UH, FLOW ON NON NON WET WEATHER FLOWS.

ALTHOUGH THERE IS A FACTOR OF WHAT WEATHER AS WELL.

I BELIEVE.

SO THAT'S PART OF THE BIGGER ANALYSIS.

AND WHEN WE PRESENT THAT, THAT'S A GREAT QUESTION AND WE'LL MAKE SURE THAT WE POINT THAT OUT.

BECAUSE IF WE REESTABLISH THE SEWER RATES BASED UPON THE USAGE THE LAST COUPLE OF MONTHS, WHICH WE'VE DONE IN THE PAST, THEN THE SEWER RATES WOULD BE MORE REALISTIC AS FAR AS THE WATER THAT YOU'RE USING FOR LANDSCAPING VERSUS IN YOUR AND YOUR HOME.

SO OUR RATE THAT WE GET FROM CITY OF SAN DIEGO IS AN ANNUAL FIXED.

THEY LOOK AT THE BIGGER PICTURE, NOT JUST MONTH TO MONTH.

SO TALKING ABOUT THE WATER, THE SEWER RATES THAT WE ESTABLISH FOR THE CITY OF EL CAHONE FOR THE INDIVIDUAL PROPERTIES.

CORRECT.

BUT ARE THOSE RATES ARE, ARE A HUNDRED PERCENT DEPENDENT ON WHAT METRO CHARGES US.

SO THAT'S WHERE THAT ANNUAL FIXED RATE IS IMPORTANT BECAUSE THAT RATE JUST GETS PASSED ALONG ULTIMATELY TO OUR, OUR CUSTOMERS.

RIGHT.

WOULDN'T IT BE A HIGHER AMOUNT FOR SOMEBODY WITH A LOT OF LANDSCAPING VERSUS SOMEBODY WITH NO LANDSCAPING? I MEAN, A HIGHER SEWER RATE.

I'LL LET OUR WORK DIRECTOR ADDRESS THAT.

UH, COUNCIL MEMBER, UH, SO EVERY YEAR YOUR SEWER BILL IS CALCULATED BASED UPON YOUR FIXED WINTER AVERAGE AND EVERY YEAR THAT'S RE ANALYZED.

SO THIS WINTER IF YOU TURNED OFF YOUR WATER, YOU WILL HAVE A LOWER USE AND THEREFORE THAT WILL BE RECALCULATED AND PUT INTO YOUR SEWER BILL.

AND SO EVERY YEAR IT'S LOOKED AT AND WE TAKE THE FIXED WINTER AVERAGE OF THE WINTER MONTHS ONLY AND WE APPLY THAT ACROSS ALL THE SUMMER MONTHS AS WELL.

SOME OF THE PEOPLE THAT DO HAVE A LOT OF THE LANDSCAPING AROUND THEIR HOUSE WILL HAVE A LOWER SURVEIL IN THE PAST IN THE FUTURE.

YEAH, ABSOLUTELY.

GO AHEAD.

I'M 23 IS FOR INFORMATIONAL PURPOSES ONLY.

I JUST THOUGHT THAT IT'D BE A GOOD TIME TO ESTABLISH THAT ON UH, UH, BECAUSE IT, WE'D HAVE A REALLY GOOD IDEA AS TO WHAT WAS REALLY BEING USED FOR HOME USE VERSUS OVERALL USE.

ABSOLUTELY.

AND THAT PHONE NUMBER IS (619) 441-1658 OR THE POTHOLES.

YES, SIR.

AGAIN, THAT'S SIX ONE NINE FOUR FOUR ONE ONE SIX FIVE, EIGHT ONE SIX, FIVE, EIGHT.

THERE IS, I'VE REPORTED THEM.

OKAY.

THERE ARE NO JOINT COUNSELOR REPORTS.

[23. El Cajon Animal Shelter Donations for January 2019 RECOMMENDATION: In Accordance with City Council Policy B-2, staff informs the City Council about receiving the following donations for the El Cajon Animal Shelter for the month of January: Jerry Held $10,000.00 Steve and Tamra Bailey $200.00 Anonymous $196.06 Total $10,396.06]

AND GRAHAM DID YOU WANT TO REPORT ON THAT ITEM 23 OR JUST CERTAINLY, UM, LET ME PULL THAT UP.

WE ARE REQUIRED TO INDICATE DONATIONS THAT WE RECEIVE AND A LOT OF TIMES THEY'RE VERY SMALL DONATIONS THAT ARE RECEIVED.

BUT, UH, INTERESTINGLY THIS, THIS UH, MEETING, I'M PROUD TO SAY THAT WE RECEIVED A $10,000 DONATION FOR THE ANIMAL SHELTER, UM, FROM MR JERRY HELD ACTUALLY DONATED THAT WE ALSO RECEIVED A DONATION FROM STEVE AND TAMRA BAILEY FOR $200 AND AN ANONYMOUS DONATION FOR $196 AND 6 CENTS.

SO, UM, AND THESE WERE ALL UM, DONATIONS SPECIFICALLY FOR THE ELK COUNTY ANIMAL SHELTER.

THAT'S WONDERFUL.