City Council - April 26, 2022
1. CALL TO ORDER
Public Comments:
The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda Items can be taken out of order during the meeting.
The Agenda Items were considered in the order presented.
Mayor Arapostathis called the meeting to order at 6:03 p.m.
1.1 INVOCATION - COUNCILMEMBER BABER
Public Comments:
1.2 PLEDGE OF ALLEGIANCE
Public Comments:
2. REPORT FROM CLOSED SESSION
Public Comments:
City Attorney Sabine announced there were no reportable actions.
3. CITY MANAGER COMMENTS
Public Comments:
There were no comments.
4. COMMUNITY BULLETIN REPORTS
Public Comments:
The Mayor, Council and staff made announcements and reported on various events taking place in the City. No action was taken.
5. PRESENTATIONS
Public Comments:
5.1 PROCLAIMING APRIL 2022 AS VOLUNTEER APPRECIATION MONTH Public Comments:
Mayor Arapostathis read the proclamation proclaiming April 2022 as Volunteer Appreciation Month.
5.2 PROCLAIMING MAY 2022 AS BIKE MONTH
Public Comments:
Mayor Arapostathis read the proclamation proclaiming May 2022 as Bike Month.
Jeremy Bloom, Circulate San Diego, presented the City of La Mesa with the 2021 Momentum Award in recognition of La Mesa's longstanding commitment to improving the safety of its streets with the construction of Class II bike lanes on University Avenue.
6. ADDITIONS AND/OR DELETIONS TO THE AGENDA
Public Comments:
There were no additions or deletions to the agenda.
7. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
Public Comments:
John Moore spoke regarding the COVID-19 vaccine.
Diane Osterling spoke regarding affordable housing, government transparency, and policy making.
Gene Carpenter spoke regarding the safe storage of firearms.
8. CONFLICT DISCLOSURES
Public Comments:
Councilmember Baber announced he would recuse himself for Item 13.3 because he had a potential conflict of interest under Government Code Section 87100 due to the proximity of his home to Collier Park.
9. BOARD AND COMMISSION INTERVIEWS
Public Comments:
9.1 INTERVIEW OF APPLICANT FOR AN UNSCHEDULED VACANCY ON THE COMMUNITY POLICE OVERSIGHT BOARD Attachments
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Public Comments
1. CPOB Interview_Unscheduled Vacancy April 2022.pdf
2. Interview.CPOB.April 2022.pdf
City Clerk Wiegelman briefly explained the interview process.
Reverend Christian DeMent spoke regarding their qualifications and interest in being appointed to the Community Police Oversight Board as the faith based community representative.
City Clerk Wiegelman said the appointments would be made at the May 10th City Council meeting.
Following the interview, no action was taken.
9.2 INTERVIEW OF APPLICANTS FOR UNSCHEDULED VACANCIES ON THE ENVIRONMENTAL SUSTAINABILITY COMMISSION Attachments
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Public Comments
1. ESC Interview_Unscheduled Vacancies April 2022.pdf
2. Interviews.ESC.April.pdf
City Clerk Wiegelman briefly explained the interview process.
Shaelen Taylor spoke regarding their qualifications and interest in being appointed to the Environmental Sustainability Commission as the youth representative.
City Clerk Wiegelman said the appointments would be made at the May 10th City Council meeting.
Following the interview, no action was taken.
10. BOARD AND COMMISSION APPOINTMENTS
Public Comments:
10.1 RESOLUTION APPOINTING MEMBERS TO FILL THE UNSCHEDULED VACANCIES ON THE YOUTH ADVISORY COMMISSION Attachments
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Public Comments
1. Youth Advisory Commission Appointments_April 2022.pdf
2. Appointments.YAC.April.pdf
3. Resolution.April.YAC.pdf
Mayor Arapostathis nominated Zaida Donnelly, Mustafa Dost, and Dylan White for appointment to the Youth Advisory Commission.
Resolution No. 2022-027
Moved by
Mayor Arapostathis
Seconded by
Councilmember Baber
Approve the appointment of Zaida Donnelly, Mustafa Dost, and Dylan White to the Youth Advisory Commission and adopt the Resolution confirming the appointments.
Yes (5)
Mayor Arapostathis, Vice Mayor Shu, Councilmember Baber, Councilmember Parent, and Councilmember Lothian Approved (5 to 0)
11. CONSENT CALENDAR
Public Comments:
(Items 11.1 through 11.9)
Moved by
Councilmember Baber
Seconded by
Mayor Arapostathis
Approve Consent Calendar Items 11.1 through 11.9.
Yes (5)
Mayor Arapostathis, Vice Mayor Shu, Councilmember Baber, Councilmember Parent, and Councilmember Lothian Approved (5 to 0)
11.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING Public Comments:
Approve.
11.2 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETINGS HELD TUESDAY, FEBRUARY 22, AND MARCH 8, 2022 Attachments
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Public Comments
1. Post-Meeting Minutes - CCM_Feb22_2022 - English.pdf
2. Post-Meeting Minutes - CCM_Mar08_2022 - English.pdf
Approve.
11.3 RESOLUTION MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54953, AS AMENDED BY ASSEMBLY BILL 361, AND RE-AUTHORIZING THE CONTINUED USE OF VIRTUAL AND/OR HYBRID MEETINGS OF THE LEGISLATIVE BODIES BEGINNING MAY 1, 2022 THROUGH MAY 31, 2022 Attachments
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Public Comments
1. Continuation of Hybrid Meetings_April 2022.pdf
2. AB361 Resolution_April.pdf
Resolution No. 2022-028
Adopt Resolution.
11.4 QUARTERLY COMMUNICATIONS REPORT: JANUARY TO MARCH 2022 Attachments
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Public Comments
1. Quarterly Communications Report (January to March 2022)_Memo.pdf
2. Quarterly Communications Report.pdf
Receive and file.
11.5 RESOLUTION AUTHORIZING TRANSFER AND APPROPRIATION OF FUNDS FROM THE UNALLOCATED FUND RESERVES ACCOUNT TO THE CITY ATTORNEY’S PROFESSIONAL AND SPECIALIZED SERVICES ACCOUNT FOR LEGAL EXPENSES Attachments
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Public Comments
1. Transfer and Appropriation of Funds_April 2022.pdf
2. Resolution Atty Transfer Fund Reserves.pdf
Resolution No. 2022-029
Adopt Resolution.
11.6 SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) ANNUAL ADJUSTMENT TO THE REGIONAL TRANSPORTATION CONGESTION IMPROVEMENT PROGRAM (RTCIP) DEVELOPMENT IMPACT FEE Attachments
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Public Comments
1. SANDAG RTCIP Development Annual Fee FY23.pdf
2. 20220426 Reso RTCIP Annual Fee Update.pdf
RESOLUTION ADOPTING THE SANDAG ANNUAL ADJUSTMENT TO THE RTCIP DEVELOPMENT IMPACT FEE TO COMPLY WITH THE REQUIREMENTS OF SANDAG COMMISSION ORDINANCE 04-01 AND TRANSNET EXTENSION ORDINANCE AND EXPENDITURE PLAN Resolution No. 2022-030
Adopt Resolution.
11.7 QUIMBY ACT PARKLAND DEDICATION IN-LIEU FEE AND PARK ACQUISITION AND IMPROVEMENT IMPACT FEE Attachments
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Public Comments
1. Park In-lieu and Park Impact Fee Appropriation.pdf
2. Attachment A_RESO Park in Lieu 2022.pdf
RESOLUTION APPROVING THE FINDINGS FOR THE QUIMBY ACT PARKLAND DEDICATION IN-LIEU FEE AND PARK ACQUISITION AND IMPROVEMENT IMPACT FEE AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 66001 AND APPROPRIATING FUNDS FOR PROJECTS OUTLINED IN THE PARKS MASTER PLAN Resolution No. 2022-031
Adopt Resolution.
11.8 RESOLUTION REJECTING BID NO. 22-12, HIGHWOOD PARK COURT RESURFACING PROJECT Attachments
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Public Comments
1. HIGHWOOD PARK BID 22-12 REJECTION.pdf
2. 20220426 Reso Bid 22-12 Rejection of Bids.pdf
Resolution No. 2022-032
Adopt Resolution.
11.9 RESOLUTION AWARDING CHANGE ORDER NO. 3 TO NV5 INC. FOR ENGINEERING DESIGN SERVICES FOR GROSSMONT CENTER DRIVE BRIDGE REHABILITATION AND WIDENING PROJECT IN THE AMOUNT OF $118,118.95 Attachments
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Public Comments
1. Change Order 3 to NV5.pdf
2. 20220426 NV5 CO-3 Reso.pdf
3. Amendment for OCS and Signal Pole_Combined.pdf
Resolution No. 2022-033
Adopt Resolution.
12. ORDINANCE: FIRST READING
Public Comments:
12.1 CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA APPROVING THE LA MESA POLICE DEPARTMENT'S MILITARY EQUIPMENT USE POLICY Attachments
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Public Comments
1. Consideration of an Ordinance Approving LMPD Military Equipment Policy.pdf
2. Ordinance Approving LMPD AB 481 Military Equipment Policy_CRL Rev_ 4-19-22_Final.pdf
3. Draft AB 481 Policy.pdf
4. Draft Attachment 1 - Military Equipment Inventory_042122.pdf
5. PowerPoint_SB481 Military Equipment Inventory.pdf
Captain Runge provided a PowerPoint presentation on Assembly Bill 481: Military Equipment Funding, Acquisition and Use ("AB 481"), the equipment categories per AB 481, the La Mesa Police Department's ("LMPD") military equipment inventory, the requirements of AB 481, the need for AB 481 equipment, how AB 481 equipment is used by the LMPD, the proposed Military Equipment Use Policy ("Policy"), and LMPD's community outreach efforts.
Council questions and comments ensued.
Janet Castanos, Community Police Oversight Board Chair, spoke in support of the Ordinance with the following amendment to the Policy: add to Section 706.6 – Coordination with Other Jurisdictions, “La Mesa Police Department shall remain in charge of the overall incident command.” The following members of the public voiced their concerns with the proposed Policy:
Andy Trimlett
Gene Carpenter
Mejgan Afshan
Council questions and comments continued.
City Attorney Sabine read the title of the Ordinance.
Moved by
Vice Mayor Shu
Seconded by
Mayor Arapostathis
Approve the introduction and first reading of the Ordinance approving the La Mesa Police Department’s Military Equipment Policy with the following amendment to the Policy: add to Section 706.6 – Coordination with Other Jurisdictions, “La Mesa Police Department shall remain in charge of the overall incident command.” Yes (5)
Mayor Arapostathis, Vice Mayor Shu, Councilmember Baber, Councilmember Parent, and Councilmember Lothian Approved (5 to 0)
13. HEARINGS
Public Comments:
13.1 CONSIDERATION OF RESOLUTION REVISING THE QUIMBY ACT PARKLAND DEDICATION IN-LIEU FEE AND PARK ACQUISITION AND IMPROVEMENT IMPACT FEE BASED ON THE FINDINGS AND CONCLUSIONS OF THE PARK DEVELOPMENT IMPACT FEE UPDATE STUDY (2022 STUDY) Attachments
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Public Comments
1. Park Development Impact Fee Update Study(1).pdf
2. Attachment A_Park Development Impact Fee Update Study2.pdf
3. Attachment B_RESO1 Park Impact Fee Update Study.pdf
4. PowerPoint_Park Development Impact Fee Update Study.pdf Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice.
Mayor Arapostathis opened the hearing for Item 13.1.
Assistant City Manager Tomaino said the park development impact fees were paid to the City on a per unit basis by developers to accommodate growth and provide funding for capital improvements to City parks including playground equipment, courts, and other facilities. Assistant City Manager Tomaino stated the report was in response to Council direction provided in April of 2021 to initiate a study of the City's park development impact fees.
Senior Management Analyst Dedmon provided a PowerPoint presentation on the park development impact fees study, the type of park development impact fees, the current park development impact fees for single and multi-family developments, the study's recommended park development impact fees for single and multi-family developments, the City's park development impact fees in comparison to other cities in the County of San Diego, the proposed implementation of the new park development impact fees, and the Community Services Commission's recommendation regarding the park development impact fees.
Council questions and comments ensued.
Dianne Osterling spoke regarding the impact of the new park development impact fees on affordable housing.
Kathleen Brand, Community Services Commission Member, spoke in support of approving the proposed park development impact fees.
Council questions and comments continued.
Moved by
Councilmember Parent
Seconded by
Mayor Arapostathis
Close the hearing.
Yes (5)
Mayor Arapostathis, Vice Mayor Shu, Councilmember Baber, Councilmember Parent, and Councilmember Lothian Approved (5 to 0)
Moved by
Councilmember Parent
Seconded by
Councilmember Baber
Direct staff to bring back for Council consideration the Quimby Act Parkland Dedication In-Lieu Fee and Park Acquisition and Improvement Impact Fee calculated based on per square footage for single and multi-family developments and to exempt deed restricted affordable units from the Quimby Act Parkland Dedication In-Lieu Fee and Park Acquisition and Improvement Impact Fee.
Yes (5)
Mayor Arapostathis, Vice Mayor Shu, Councilmember Baber, Councilmember Parent, and Councilmember Lothian Approved (5 to 0)
13.2 CONSIDERATION OF RESOLUTION ADOPTING A FEE SCHEDULE TO BE CHARGED BY VARIOUS CITY DEPARTMENTS FOR FISCAL YEAR 2022-2023 Attachments
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Public Comments
1. Adoption of the FY 2022-2023 Fee Schedule.pdf
2. Attachment A User Fee Study Report of Findings 2022.pdf
3. Attachment B_FY 2022-23 Fee Schedule.pdf
4. Attachment C_Reso_Adoption of Fee Schedule_FY22-23.pdf
5. PowerPoint_FY 2022-23 Fee Schedule.pdf
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice.
Mayor Arapostathis opened the hearing for Item 13.2.
Senior Management Analyst Dedmon provided background on the City’s Cost Allocation and User Fee Study. Senior Management Analyst Dedmon discussed the annual update of the fees, and explained the new and adjusted fees.
Council questions and comments ensued.
Dianne Osterling spoke regarding short term rental fees.
Council questions and comments continued.
Moved by
Mayor Arapostathis
Seconded by
Councilmember Parent
Close the hearing.
Yes (5)
Mayor Arapostathis, Vice Mayor Shu, Councilmember Baber, Councilmember Parent, and Councilmember Lothian Approved (5 to 0)
Resolution No. 2022-034
Moved by
Mayor Arapostathis
Seconded by
Councilmember Parent
Adopt Resolution.
Yes (5)
Mayor Arapostathis, Vice Mayor Shu, Councilmember Baber, Councilmember Parent, and Councilmember Lothian Approved (5 to 0)
13.3 CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEAR 2022-2023 AND A SUBSTANTIAL AMENDMENT TO FISCAL YEAR 2021-2022 Attachments
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Public Comments
1. CDBG AAP 2022-23 Hearing 2.pdf
2. Reso FY 2022-23 AP.pdf
3. Reso FY201-22 AP amendment.pdf
4. 2022-23 AP Draft.pdf
5. Draft AMENDMENT 2021-22 AAP.pdf
6. PowerPoint_CDBG Hearing.pdf
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice.
Councilmember Baber left the dais at 7:38 p.m.
Mayor Arapostathis opened the hearing for Item 13.3.
Associate Planner Kinnard provided a PowerPoint presentation on the CDBG program, the 2020-2025 Consolidated Plan goals, the proposed projects for Fiscal Year 2022-2023, and the proposed allocation of CDBG program funds for Fiscal Year 2022-2023.
Moved by
Mayor Arapostathis
Seconded by
Councilmember Parent
Close the hearing.
Yes (4)
Mayor Arapostathis, Vice Mayor Shu, Councilmember Parent, and Councilmember Lothian Abstain (1)
Councilmember Baber
Approved (4 to 0)
Resolution No. 2022-035 and Resolution No. 2022-036
Moved by
Mayor Arapostathis
Seconded by
Councilmember Parent
(1) Adopt Resolution adopting the Fiscal Year 2022-2023 Annual Action Plan for the CDBG Program and authorizing submittal to the United States Department of Housing and Urban Development (HUD); and (2) Adopt Resolution approving a substantial amendment to the Fiscal Year 2021-2022 Annual Action Plan for the CDBG Program and authorizing submittal to HUD.
Yes (4)
Mayor Arapostathis, Vice Mayor Shu, Councilmember Parent, and Councilmember Lothian Abstain (1)
Councilmember Baber
Approved (4 to 0)
14. COUNCIL INITIATED
Public Comments:
14.1 DISCUSSION AND POSSIBLE DIRECTION TO STAFF ON PROVIDING A REGULAR REPORT OF PERMIT AND DEVELOPMENT ACTIVITY FOR REVIEW BY THE CITY COUNCIL AND PUBLIC - COUNCILMEMBER LOTHIAN Attachments
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Public Comments
1. CI.Lothian.Permit Report.pdf
Karly Robinson
Dear Dr. A. and Council Members,
Since purchasing our home nine years ago, we have dreamt of improving and expanding our home within the current footprint by adding a second story. My husband, a general contractor, warned me of the long history of La Mesa being excessively difficult to work with (so much so that we had an architect pass up any plan work in La Mesa). I went down to discuss the process for getting plans approved for a second story addition only to be met with a definitive "no" with little opportunity to find a work around. Despite many homes on my street and surrounding areas having second stories, I was told that a second story would be out of character with surrounding homes. Additionally, there was a new setback rule for my street (only my street I was told, which I find bizarre), that now requires a 10 foot setback rather than the 5 foot setback that was in place when my home was built. Building a second story with a different setback would require costly structural work that wouldn't be needed if we were simply allowed to follow our same footprint. The woman at the desk was dismissive as well as unhelpful when I asked if there was a way to apply for a waiver. She informed me that it would cost thousands of dollars, which would be nonrefundable should my petition be denied.
I am a property owner with interest in improving the value and quality of my neighborhood. It baffles me that the building department and its unreasonable codes and requirements prevent me from doing so.
Respectfully,
Karly Robinson
Councilmember Baber returned to the dais at 7:43 p.m.
Councilmember Lothian explained the purpose for directing staff to provide a quarterly report of permit and development activity for review by the Council and public.
Dianne Osterling spoke in support of directing staff to provide a quarterly report of permit and development activity for review by the Council and public.
Dawn-MariTol spoke regarding the need to look at all the variables to better understand the reasons behind the delay in the permit review and approval process.
The following members of the public spoke or submitted a comment on their personal experience with applying for a permit through the Community Development Department:
Erik Egelko
Oscar
Jill Heller
Chris Renfro
William Buzzell
Karly Robinson
Kathleen Brand spoke regarding possible solutions to improve the permit review and approval process.
Council questions and comments ensued.
Moved by
Councilmember Lothian
Seconded by
Councilmember Baber
Direct staff to provide a quarterly report of permit and development activity for review by the Council and public that excludes the personal and sensitive information of the applicants and to bring back for Council consideration possible solutions to improve the permit and development review and approval process.
Yes (5)
Mayor Arapostathis, Vice Mayor Shu, Councilmember Baber, Councilmember Parent, and Councilmember Lothian Approved (5 to 0)
15. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)
Public Comments:
The Mayor and Council reported on various outside boards, commissions and committee meetings they attended. No action was taken.
Mayor Arapostathis stated he would be stepping down from the American Rescue Plan Act Funding Ad Hoc Subcommittee and appointed Councilmember Lothian to fill the vacancy.
16. AB 1234 REPORTS (GC 53232.3 (d))
Public Comments:
Councilmember Parent reported on his trip to Sacramento on Wednesday, April 20, 2022, to be a witness at the Assembly Local Government Committee hearing at the request of Assemblymember Laura Friedman.
17. CITY ATTORNEY REMARKS
Public Comments:
There were no remarks.
18. ADJOURNMENT
Public Comments:
Mayor Arapostathis adjourned the meeting at 8:26pm.