LA MESA CITY COUNCIL
AGENDA
A Regular Meeting
Date: Tuesday, November 8, 2022, 6:00 p.m.
Location: City Council Chambers, 8130 Allison Avenue
La Mesa, California
Elected
Officials:
Mayor Mark Arapostathis
Vice Mayor Colin Parent
Councilmember Bill Baber
Councilmember Laura Lothian
Councilmember Jack Shu
City Treasurer Eldon Vogt
Staff: City Manager Greg Humora
City Attorney Glenn Sabine
City Clerk Megan Wiegelman
In-Person/Virtual Hybrid City Council Meeting Pursuant to AB 361 (Government Code Section 54953(e)(1)-(2))
The City Council meeting may be viewed in-person or live on Cox Cable Channel 24 (within La Mesa City limits), AT&T U-Verse Channel 99 (in the San Diego Region), the City’s website (www.cityoflamesa.us), Facebook Live (www.facebook.com/lamesaca) or using the following Zoom Webinar options:
The public may view the meeting live using the following remote options:
Teleconference Meeting Webinar
https://us06web.zoom.us/j/84472650722
Telephone (Audio only)
(669) 900-6833 or (253) 215-8782 Webinar ID: 844 7265 0722 Copy and paste the webinar link into your internet browser if the webinar link does not work directly from the agenda.
PUBLIC COMMENTS
In-Person comments during the meeting: Join us for the City Council meeting at the time and location specified on this agenda to make your comments. Please complete a “Request to Speak” card and submit it to the Council Hostess. When the Mayor calls your name, step to the podium and state your name for the record. Comments will be limited to three (3) minutes.
•
Zoom Audio Comments: To provide oral public comments during the meeting, join the Zoom meeting by computer, mobile phone, or dial in number. On Zoom video conference by computer or mobile phone, use the “Raise Hand” feature. This will notify the moderator that you wish to speak during a specific item on the agenda or during non-agenda Public Comment. Members of the public will not be shown on video but will be able to speak when called upon. If joining the meeting using the Zoom dial-in number, you may raise your hand by pressing *9. Comments will be limited to three (3) minutes. No further comments will be entertained after the Mayor closes public comment. •
How to submit eComments: eComments are available once an agenda is published.
Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until 24 hours prior to the meeting. eComments are limited to 500 words. eComments may be viewed by the City Council and members of the public following the close of the eComment submission period (24 hours prior to the meeting). Email your comment to [email protected] if you have difficulty submitting an eComment. eComments will not be read aloud as a regular meeting item; however any member of the Council or member of the public may do so during their respective comment time. •
Citizens who wish to make an audio/visual presentation pertaining to an item on the agenda, or during Public Comments, should contact the City Clerk’s office at 619.667.1120, no later than 5:00 p.m., the Thursday prior to the meeting day. Advance notification will ensure compatibility with City equipment and allow Council meeting presentations to progress smoothly and in a consistent and equitable manner. Please note that all presentations/digital materials are considered part of the maximum time limit provided to speakers.
Agenda reports for items on this agenda are available for public review at the City Clerk's Office, 8130 Allison Avenue, during normal business hours.
Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office, 8130 Allison Avenue, during normal business hours.
ACCESSIBILITY: The City of La Mesa encourages the participation of disabled individuals in the services, activities and programs provided by the City. Individuals with disabilities, who require reasonable accommodation in order to participate in the City Council meetings, should contact the City’s Americans with Disabilities Act (ADA) Coordinator, Rida Freeman, Director of Administrative Services, 48 hours prior to the meeting at 619.667.1175, fax 619.667.1163, or [email protected].
Hearing assisted devices are available for the hearing impaired. A City staff member is available to provide these devices upon entry to City Council meetings, commission meetings or public hearings held in the City Council Chambers. A photo i.d. or signature will be required to secure a device for the meeting.
Pages
1. CALL TO ORDER
1.1. INVOCATION - COUNCILMEMBER SHU
1.2. PLEDGE OF ALLEGIANCE
2. CITY MANAGER COMMENTS
3. COMMUNITY BULLETIN REPORTS
4. ADDITIONS AND/OR DELETIONS TO THE AGENDA
5. PRESENTATIONS
5.1. CITY TREASURER'S FINAL QUARTERLY REPORT 1
5.2. PRESENTATION RECOGNIZING OUTGOING CITY TREASURER
ELDON "BUD" VOGT FOR HIS SERVICE TO THE CITY
6. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
NOTE: In accordance with state law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take any action on the item at this meeting.
If appropriate, the item will be referred to Staff or placed on a future agenda.
7. CONFLICT DISCLOSURES
8. BOARD AND COMMISSION APPOINTMENTS
8.1. RESOLUTION APPOINTING A MEMBER TO FILL THE
UNSCHEDULED VACANCY ON THE HISTORIC PRESERVATION
COMMISSION
10 Staff Reference: Ms. Wiegelman
Recommended Motion:
Approve the appointment of Lori Wilcox to the Historic Preservation Commission and adopt Resolution confirming the appointment.
9. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which members of the Council or audience may pull items from the CONSENT CALENDAR for discussion. Public Comments are also invited on Consent Calendar items.
10. CONSENT CALENDAR
(Items 10.1 through 10.2)
The Consent Calendar includes items considered to be routine. Unless discussion is requested by members of the Council or audience, all Consent Calendar items may be approved by one motion.
Recommended Motion:
Approve Consent Calendar Items 10.1 through 10.2.
10.1. APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT
OF ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Recommended Motion:
Approve.
10.2. APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETINGS HELD TUESDAY, OCTOBER 11 AND OCTOBER 25, 2022
14 Recommended Motion:
Approve.
11. ORDINANCE: FIRST READING
11.1. 2022 EDITION OF THE CALIFORNIA FIRE CODE 29
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA ADOPTING BY REFERENCE THE 2022 EDITION OF THE
CALIFORNIA FIRE CODE, KNOWN AS THE CALIFORNIA CODE OF
REGULATIONS, TITLE 24, PART 9 (CCR, T-24, P-9),
INCORPORATING THE INTERNATIONAL FIRE CODE, 2021 EDITION
PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, WITH
CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS, AND
AMENDING TITLE 11 OF THE LA MESA MUNICIPAL CODE AND ALL
OTHER ORDINANCES IN CONFLICT THEREWITH
Staff Reference: Chief Swaney
Recommended Motion:
Approve the introduction and first reading of the Ordinance and schedule the second reading of the Ordinance and the required public hearing for Tuesday, November 22, 2022.
12. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)
13. AB 1234 REPORTS (GC 53232.3 (d))
14. CITY ATTORNEY REMARKS
15. ADJOURNMENT
DATE: November 8, 2022
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, CMC, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: RESOLUTION APPOINTING A MEMBER TO FILL THE UNSCHEDULED
VACANCY ON THE HISTORIC PRESERVATION COMMISSION
On October 11th, the City Council interviewed an applicant who was interested in being appointed to fill the unscheduled vacancy on the City of La Mesa Historic Preservation Commission. The Mayor will make the appointment with the approval of the City Council at the November 8th Council meeting.
Attached is a brief description of the requirements, the number of openings, and the names of each applicant seeking to be appointed.
Staff recommends the Mayor make the appointment to fill the vacancy, with the approval of the Council, and adopt the attached resolution confirming the appointment.
Attachments
Historic Preservation Commission: 1 position – four-year term One appointee will fill the position vacated by Tyler Rogers whose term expires June 30, 2023.
Members shall be residents of the City of La Mesa
First Appointed Number of Terms
Lori Wilcox
APPLICATION IS AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA APPOINTING
A MEMBER TO FILL THE UNSCHEDULED VACANCY ON THE HISTORIC
PRESERVATION COMMISSION
___________________________________________________________________ WHEREAS, a position on the City of La Mesa Historic Preservation Commission has been vacated; and
WHEREAS, the person below has been elected by the City Council for appointment to said City of La Mesa Commission.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the following is hereby appointed as a member of the City of La Mesa Historic Preservation Commission, with their term to commence after the oath or affirmation of allegiance for public officers or employees is executed as required by Article XX, Section 3 of the Constitution of the State of California, and to expire on the date stated below, or until their successor is appointed and qualified:
Historic Preservation Commission: 1 appointment
Lori Wilcox is appointed to fill the unscheduled vacancy created by Tyler Rogers whose term expires June 30, 2023.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 8th day of November 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2022- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
1 La Mesa City Council
Minutes of a Regular Meeting
Date:
Location:
October 11, 2022, 6:00 pm
City Council Chambers, 8130 Allison Avenue
La Mesa, California
Present: Mayor Arapostathis
Vice Mayor Parent
Councilmember Baber
Councilmember Lothian
Councilmember Shu
Staff: City Manager Humora
City Attorney Sabine
City Clerk Wiegelman
This meeting was conducted utilizing teleconferencing and electronic means consistent with Government Code Section 54953, as amended by Assembly Bill 361, in relation to the COVID-19 State of Emergency and recommended social distancing measures. _____________________________________________________________________
1. CALL TO ORDER
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 6:00 p.m.
1.1 INVOCATION - VICE MAYOR PARENT
1.2 PLEDGE OF ALLEGIANCE
2. CITY MANAGER COMMENTS
There were no comments.
2 3. COMMUNITY BULLETIN REPORTS
The Mayor, Council and staff made announcements and reported on various events taking place in the City. No action was taken.
4. ADDITIONS AND/OR DELETIONS TO THE AGENDA
There were no additions or deletions to the agenda.
5. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
Wendy Mihalic spoke on electrifying buildings.
John spoke on allowing adults to order off the children's menu.
Dawn-Marie Tol spoke regarding homelessness, dense housing, and electrifying buildings.
Elizabeth Fennema spoke regarding a traffic safety concern on Elden Street and Lubbock Avenue due to the Mellmanor Apartment's utility gate being open.
Carol Schroeder spoke regarding a traffic safety concern on Elden Street and Lubbock Avenue due to the Mellmanor Apartment's utility gate being open.
Janet Castanos spoke regarding deceitful campaign mailers.
6. CONFLICT DISCLOSURES
Councilmember Lothian recused herself for Item 9.8 because she had a potential conflict of interest under Government Code Section 87100 due to the proximity of her office to 4757 Palm Avenue.
7. BOARD AND COMMISSION APPOINTMENTS
7.1 RESOLUTION APPOINTING MEMBERS TO THE YOUTH ADVISORY
COMMISSION
Mayor Arapostathis nominated Mustafa Dost for reappointment and Elyse Wainscot, Grace Reagan, Fahim Chakibou, Antony Martinez, Camille Forga, and Samantha Luevano for appointment to the Youth Advisory Commission.
Resolution No. 2022-111
Moved By Mayor Arapostathis
Seconded By Vice Mayor Parent
Approve the reappointment of Mustafa Dost and the appointments of Elyse Wainscott, Grace Reagan, Fahim Chakibou, Anthony Martinez,
3 Camille Forga, and Samantha Luevano to the Youth Advisory Commission and adopt the Resolution confirming the appointments.
For (5): Mayor Arapostathis, Vice Mayor Parent, Councilmember Baber, Councilmember Lothian, and Councilmember Shu
Approved (5 to 0)
8. BOARD AND COMMISSION INTERVIEWS
8.1 INTERVIEW OF APPLICANT FOR AN UNSCHEDULED VACANCY ON
THE HISTORIC PRESERVATION COMMISSION
City Clerk Wiegelman briefly explained the interview process.
Lori Wilcox spoke regarding their qualifications and interest in being appointed to the Historic Preservation Commission as a resident representative.
City Clerk Wiegelman said the appointment would be made at the October 25th City Council meeting.
Following the interview, no action was taken.
9. CONSENT CALENDAR
(Items 9.1 through 9.10)
Mayor Arapostathis pulled Consent Calendar Items 9.7 and 9.8 for separate consideration.
Moved By Councilmember Baber
Seconded By Vice Mayor Parent
Approve Consent Calendar Items 9.1 through 9.6 and Items 9.9 and 9.10.
For (5): Mayor Arapostathis, Vice Mayor Parent, Councilmember Baber, Councilmember Lothian, and Councilmember Shu
Approved (5 to 0)
9.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF
ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Approve.
4 9.2 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL SPECIAL MEETING HELD TUESDAY, SEPTEMBER 27, 2022
Approve.
9.3 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD TUESDAY, SEPTEMBER 27, 2022
Approve.
9.4 RESOLUTION APPOINTING THE SAN DIEGO COMMUNITY POWER
PRIMARY AND ALTERNATE REPRESENTATIVES TO THE
ENVIRONMENTAL SUSTAINABILITY COMMISSION
Resolution No. 2022-112
Adopt Resolution.
9.5 RESOLUTION TO APPROVE ASSIGNMENT AGREEMENTS WITH
BAKER TILLY US, LLP FOR PERMITTING PROCESS CONSULTING
SERVICES AND DEVELOPMENT OF A FIVE-YEAR STRATEGIC PLAN
Resolution No. 2022-113
Adopt Resolution.
9.6 RESOLUTIONS FOR CONSULTANT SERVICES FOR BUILDING
SERVICES
Adopt Resolutions.
a. RESOLUTION AWARDING RFP 23-03 FOR CONSULTANT
SERVICES FOR BUILDING SERVICES TO SUPPORT THE
BUILDING DIVISION TO INTERWEST CONSULTING GROUP
Resolution No. 2022-114
Adopt Resolution.
b. RESOLUTION TO INCREASE THE BUDGET FOR BUILDING
DIVISION PROFESSIONAL AND SPECIALIZED SERVICES
ACCOUNT BY $225,000 FOR FISCAL YEAR 2022-2023
Resolution No. 2022-115
Adopt Resolution.
5 9.9 RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER NO. 1
FOR THE CITYWIDE PEDESTRIAN SIGNAL UPGRADES PROJECT,
BID NO. 22-08, TO YUNEX, LLC
Resolution No. 2022-116
Adopt Resolution.
9.10 RESOLUTION AWARDING RFP 23-08 AND AUTHORIZING
EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH
KTUA TO PREPARE THE CITYWIDE RECREATION AND PARKS
MASTER PLAN AND TO APPROPRIATE FUNDING FOR THE
PROJECT
Resolution No. 2022-117
Adopt Resolution.
9.7 RATIFICATION OF THE DESIGN REVIEW BOARD'S APPROVAL OF PROJECT 2021-43 (CENTER FOR NEUROSCIENCES)
A PROPOSED REMODEL AND 20,182 SQUARE FOOT ADDITION TO
THE EXISTING SINGLE-STORY REHABILITATION CENTER TO
CREATE A TWO-STORY CENTER FOR NEUROSCIENCES AT THE
SHARP GROSSMONT HOSPITAL AT 5555 GROSSMONT CENTER
DRIVE, APN 490-340-23-00 IN THE RB-G-D (RESIDENTIAL BUSINESS / GROSSMONT OVERLAY / URBAN DESIGN OVERLAY) ZONE
John Fonseca, Grossmont Hospital Foundation, spoke in support of the ratification of the Design Review Board's approval of Project 2021-43 (Center for Neurosciences) and provided an overview of the proposed project.
Dianne Osterling spoke in support of the ratification of the Design Review Board's approval of Project 2021-43 (Center for Neurosciences) and regarding public comment on Consent Calendar items.
Ned Swanson inquired about how the City monetizes what goes on at the Grossmont Healthcare District area.
Council questions and comments ensued.
6 Moved By Mayor Arapostathis
Seconded By Vice Mayor Parent
Approve.
For (5): Mayor Arapostathis, Vice Mayor Parent, Councilmember Baber, Councilmember Lothian, and Councilmember Shu
Approved (5 to 0)
9.8 RATIFICATION OF THE DESIGN REVIEW BOARD'S APPROVAL OF PROJECT 2021-40 (PALM STREET VENTURES LLC)
A PROPOSED MIXED-USE DEVELOPMENT AT 4757 PALM AVENUE,
APN 494-410-24-00 IN THE CD-D (DOWNTOWN COMMERCIAL /
URBAN DESIGN OVERLAY) ZONE
Councilmember Lothian inquired about the notification process for the proposed project and if there was a potential conflict of interest due to the location of her office.
Council questions and comments ensued.
Mayor Arapostathis called a recess at 6:41 p.m. and reconvened the meeting at 6:46 p.m. with all members present.
Community Development Director Kusiak explained the notification requirements for various types of projects.
City Attorney Sabine explained Councilmember Lothian had a potential conflict of interest under Government Code Section 87100 due to the proximity of her office to the proposed project.
Councilmember Lothian left the dais at 6:49 p.m.
Associate Planner Kinnard provided a PowerPoint presentation on the proposed mixed-use development project, highlighting the approval process, the incentives and waivers of development standards and parking ratios, and the site and design of the proposed project. Associate Planner Kinnard reviewed the Affordable Homes Bonus Program and Government Code Section 65915 as it relates to the proposed project and summarized the Design Review Board's conditions of approval.
Council questions and comments ensued.
7 Ned Swanson spoke regarding the visage of downtown La Mesa and the proposed project's reduced parking requirements and affordable housing component.
Dianne Osterling spoke regarding affordable housing and the design of the proposed project.
John Cherry spoke on the proposed project's landscaping and reduced parking requirements.
Aaron Amerling spoke regarding the validity of the proposed project being designated a mixed-use development and on the design standards set forth in the Urban Design Program and Downtown Village Specific Plan.
The following members of the public spoke in opposition to the ratification of the Design Review Board's approval of Project 2021-40 (Palm Street Ventures LLC):
Kristine Alessio
Craig Maxwell
Carmen Cooley
Hal Drew
Raymond Abbott
Karlene Akers submitted a comment regarding the proposed project's height and reduced parking requirements.
Council questions and comments continued.
Moved By Councilmember Shu
Seconded By Councilmember Baber
Continue the item to a later date and direct staff to return to Council with further information related to (1) the project with regards to whether the Council may reject the project regarding certain health and safety issues; and (2) the Design Review Board’s proposed conditions of approval (e.g. new street trees shall be 36-inch box and the applicant shall provide planters adjacent to the building wall along the Palm Avenue building elevation).
For (4): Mayor Arapostathis, Vice Mayor Parent, Councilmember Baber, and Councilmember Shu
Abstain (1): Councilmember Lothian
Approved (4 to 0)
8 10. ORDINANCE: FIRST READING
10.1 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, INCORPORATING THE 2021 INTERNATIONAL
BUILDING CODE, THE 2021 INTERNATIONAL RESIDENTIAL CODE, THE 2021 UNIFORM PLUMBING CODE, THE 2021 UNIFORM
MECHANICAL CODE, AND THE 2020 NATIONAL ELECTRICAL CODE, AND AMENDING TITLE 14 OF THE LA MESA MUNICIPAL CODE AND
ALL OTHER ORDINANCES IN CONFLICT THEREWITH
Councilmember Lothian returned to the dais.
City Attorney Sabine read the title of the Ordinance.
Moved By Councilmember Baber
Seconded By Mayor Arapostathis
Approve the introduction and first reading of the Ordinance and schedule the second reading of the Ordinance and the required public hearing for Tuesday, November 22, 2022.
For (5): Mayor Arapostathis, Vice Mayor Parent, Councilmember Baber, Councilmember Lothian, and Councilmember Shu
Approved (5 to 0)
11. HEARING
11.1 CONSIDERATION OF PROJECT 2022-0770 (BINOTTI)
A REQUEST TO DESIGNATE THE PROPERTY LOCATED AT 9190
BRIER ROAD, APN 490-402-72-00 IN THE R1S-BT (SUBURBAN
RESIDENTIAL / BRIER TRACT OVERLAY) ZONE AS A HISTORIC
LANDMARK AND TO ESTABLISH A PROPERTY PRESERVATION
(MILLS ACT) AGREEMENT FOR THE SITE
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 11.1.
9 Associate Planner Kinnard provided historical background of the property, briefly explained the criteria for historic landmark designation and the Mills Act Preservation Agreement, and listed the planned exterior and interior improvements.
Council questions and comments ensued.
Moved By Mayor Arapostathis
Seconded By Vice Mayor Parent
Close the hearing.
For (5): Mayor Arapostathis, Vice Mayor Parent, Councilmember Baber, Councilmember Lothian, and Councilmember Shu
Approved (5 to 0)
Resolution No. 2022-118 and Resolution No. 2022-119
Moved By Mayor Arapostathis
Seconded By Councilmember Baber
Adopt Resolutions.
For (5): Mayor Arapostathis, Vice Mayor Parent, Councilmember Baber, Councilmember Lothian, and Councilmember Shu
Approved (5 to 0)
a. RESOLUTION DESIGNATING THE STANLEY AND VIRGINIA
SCOTT HOUSE LOCATED AT 9190 BRIER ROAD, APN 490-
402-72-00 AS A HISTORIC LANDMARK
Resolution No. 2022-118
Adopt Resolution.
b. RESOLUTION AUTHORIZING EXECUTION OF A HISTORIC
LANDMARK PROPERTY PRESERVATION AGREEMENT WITH
THE OWNERS OF THE HISTORIC LANDMARK KNOWN AS THE
STANLEY AND VIRGINIA SCOTT HOUSE LOCATED AT 9190
BRIER ROAD, APN 490-402-72-00
Resolution No. 2022-119
Adopt Resolution.
10 12. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)
The Mayor and Council reported on various outside boards, commissions and committee meetings they attended. No action was taken.
13. AB 1234 REPORTS (GC 53232.3 (d))
There were no reports.
14. CITY ATTORNEY REMARKS
There were no remarks.
15. ADJOURNMENT
Mayor Arapostathis adjourned the meeting at 8:08 p.m.
_________________________
City Clerk
1 La Mesa City Council
Minutes of a Regular Meeting
Date:
Location:
October 25, 2022, 6:00 pm
City Council Chambers, 8130 Allison Avenue
La Mesa, California
Present: Mayor Arapostathis
Vice Mayor Parent
Councilmember Baber
Councilmember Lothian
Councilmember Shu
Staff: City Manager Humora
City Attorney Sabine
City Clerk Wiegelman
This meeting was conducted utilizing teleconferencing and electronic means consistent with Government Code Section 54953, as amended by Assembly Bill 361, in relation to the COVID-19 State of Emergency and recommended social distancing measures. _____________________________________________________________________
1. CALL TO ORDER
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 6:00 p.m.
1.1 INVOCATION - VICE MAYOR PARENT
1.2 PLEDGE OF ALLEGIANCE
2. CITY MANAGER COMMENTS
There were no comments.
2 3. COMMUNITY BULLETIN REPORTS
The Mayor, Council and staff made announcements and reported on various events taking place in the City. No action was taken.
4. ADDITIONS AND/OR DELETIONS TO THE AGENDA
There were no additions or deletions to the agenda.
5. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
Craig Maxwell spoke regarding the actions of the Council at the October 11, 2022, Council meeting and the proposed mixed-use development project at 4757 Palm Avenue.
Dianne Osterling spoke regarding government transparency and community engagement.
Ray Abbott spoke regarding the approval process and waivers for development projects.
Justin Irvin spoke in opposition to the proposed mixed-use development project at 4757 Palm Avenue.
Susan Wayne spoke on the issue of unleashed dogs at MacArthur Park.
Robert Halvin spoke regarding the parking regulation that prohibits vehicles from being parked in the same place for more than 72 hours without being moved.
Joe Cryer spoke regarding a traffic accident that occurred off of Spring Street and having a proactive approach to traffic safety.
6. CONFLICT DISCLOSURES
Councilmember Lothian announced she would recuse herself for Item 8.4 because she had a potential conflict of interest under Government Code Section 87100 due to the proximity of her office to the Allison Avenue and Palm Avenue intersection.
7. PUBLIC COMMENTS ON CONSENT CALENDAR
There were no public comments on Consent Calendar items.
3 8. CONSENT CALENDAR
(Items 8.1 through 8.5)
Moved By Mayor Arapostathis
Seconded By Councilmember Baber
Approve Consent Calendar Items 8.1 through 8.5, except for Item 8.4.
For (5): Mayor Arapostathis, Vice Mayor Parent, Councilmember Baber, Councilmember Lothian, and Councilmember Shu
Approved (5 to 0)
8.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF
ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Approve.
8.2 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
NOVEMBER 1, 2022 THROUGH NOVEMBER 30, 2022
Resolution No. 2022-120
Adopt Resolution.
8.3 RESOLUTION AUTHORIZING A PURCHASE AGREEMENT WITH
CARTEGRAPH SYSTEMS, LLC FOR PUBLIC WORKS OPERATION
AND MAINTENANCE SOFTWARE
Resolution No. 2022-121
Adopt Resolution.
8.5 RESOLUTION TO AWARD THE PURCHASE OF ONE CHEVROLET
BOLT EUV FOR BUILDING INSPECTION TO BOB STALL
CHEVROLET
Resolution No. 2022-122
Adopt Resolution.
4 8.4 RESOLUTION AMENDING SUBSECTION 12.28.030 (0.5) OF THE LA
MESA MUNICIPAL CODE, ESTABLISHING EXCEPTIONS TO ALLISON AVENUE AS A THROUGH STREET;
INSTALLATION OF AN ALL-WAY STOP CONTROL ON ALLISON
AVENUE AT ITS WESTERN INTERSECTION WITH PALM AVENUE
Councilmember Lothian recused herself for Item 8.4 because she had a potential conflict of interest under Government Code Section 87100 due to the proximity of her office to the Allison Avenue and Palm Avenue intersection.
Joe Cryer spoke in support of the installation of an all-way stop control on Allison Avenue at its western intersection with Palm Avenue and requested a stop sign be installed at the intersection of Palm Avenue and Pasadena Avenue.
Council questions and comments ensued.
Resolution No. 2022-123
Moved By Mayor Arapostathis
Seconded By Councilmember Baber
Adopt Resolution.
For (4): Mayor Arapostathis, Vice Mayor Parent, Councilmember Baber, and Councilmember Shu
Abstain (1): Councilmember Lothian
Approved (4 to 0)
9. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)
The Mayor and Council reported on various outside boards, commissions and committee meetings they attended. No action was taken.
10. AB 1234 REPORTS (GC 53232.3 (d))
Vice Mayor Parent reported on his trip to Mexico City on October 23 through October 26, 2022 for the San Diego Regional Chamber of Commerce 2022 Binational Delegation.
11. CITY ATTORNEY REMARKS
There were no remarks.
5 12. ADJOURNMENT
Mayor Arapostathis adjourned the meeting at 6:37 p.m.
_________________________
City Clerk
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: November 8, 2022
SUBJECT: CONSIDERATION OF AN ORDINANCE TO ADOPT BY
REFERENCE THE 2022 EDITION OF THE
CALIFORNIA FIRE CODE, AND TO REPEAL
PREVIOUS ORDINANCES IN CONFLICT THEREWITH
ISSUING DEPARTMENT: Fire
SUMMARY:
Issues:
Should the City Council adopt the 2022 Edition of the California Fire Code, known as Title 24, Part 9 (CCR, T-24, P-9), of the California Code of Regulations, and incorporating the 2022 International Fire Code, as required by law?
Recommendation:
It is recommended that the proposed ordinance be introduced and the required public hearing be scheduled for November 22, 2022.
Fiscal Impact:
None.
City’s Strategic Goals:
Safe community
Report to Mayor and Councilmembers
Date: November 8, 2022
Page: 2 of 3
BACKGROUND:
The model fire code is updated every three years. The latest edition of this code was issued in 2019: State law requires that the City of La Mesa adopt the same editions of the model fire code as the State adopts. The California Building Standards Commission recently published and adopted the 2022 edition of the California Fire Code, known as Title 24, Part 9, of the California Code of Regulations, and incorporating the 2021 International Fire Code.
A specific procedure for adopting codes by reference is established in the Government Code. This procedure provides that after the first reading of the adopting ordinance and of the title of the code to be adopted, the legislative body shall schedule a public hearing and adopt the ordinance.
The State Health and Safety Code limits the ability of local jurisdictions to amend the State Building Standards Code. Accordingly, local fire amendments of the codes are limited to those required to address local climatic, geological, or topographical conditions.
A copy for the draft ordinance and a strikeout of the removed amendments with comments are attached.
CONCLUSION:
Staff recommends proceeding with the adoption by reference of the 2022 Edition of the California Fire Code, repealing previous ordinances in conflict therewith, and scheduling the public hearing for November 22, 2022.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Steve Swaney
City Manager Fire Chief
____________________________
Shaun Richardson
Fire Marshal
Report to Mayor and Councilmembers
Date: November 8, 2022
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Attachments: A. Ordinance Adopting 2022 California Fire Code B. Ordinance Strikeout and Code References
ORDINANCE NO. 2022-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA FIRE CODE, KNOWN AS THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9 (CCR, T-24, P-9), INCORPORATING THE INTERNATIONAL FIRE CODE, 2021 EDITION PUBLISHED BY THE INTERNATIONAL CODE
COUNCIL, WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS, AND AMENDING TITLE 11 OF THE LA MESA MUNICIPAL CODE AND ALL
OTHER ORDINANCES IN CONFLICT THEREWITH
THE CITY COUNCIL OF THE CITY OF LA MESA DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings of local conditions. Pursuant to Health and Safety Code Section 17958, the City Council makes the following finding:
A. Hot summer Mediterranean climate (Koppen), hilly terrain, density of development, canyons and dry dense brush, and the environment existing in the City of La Mesa constitute local conditions which require the California Fire Code be modified as expressed therein.
SECTION 2. Chapter 11.04 of the La Mesa Municipal Code is hereby repealed in its entirety as rewritten to read as follows:
Chapter 11.04
FIRE CODE
11.04.010 California Fire Codes, 2022 Edition – Adopted by reference The California Fire Code, 2019 Edition, and including Appendix Chapters 4, B, BB, C, CC, H, and O but excluding section 109 and 112.4 as published by the International Code Council, is adopted by reference as the fire code of the city (the "fire code"), for protecting the interests of health, life and safety as they relate to the sue or occupancy of building or premises. All of the regulations, provisions, penalties, conditions and terms of the California Fire Code 2022 Edition, are referred to adopt and made a part of this chapter as though fully set out in this chapter, excepting such portions as are added, deleted, modified or amended by this chapter. The California Fire Code is referred to in this chapter as the "CFC" and one copy is on file in the office of the city clerk.
11.04.020 – Repealing of Previous Ordinance
Ordinance 2019-2875 of the City of La Mesa adopting by reference the California Fire Code, 2019 Edition, known as the California Code of Regulations, Title 24, Part 9 incorporating the International Fire Code, 2018 Edition, published by the International Code Council, and all other ordinances or parts of ordinance in conflict herewith are hereby repealed.
11.04.030 Section 101.1 Amended - Title
Section 101.1 of the CFC is amended to read as follows:
2 101.1 Title. These regulations will be known as the Fire Code of the City of La Mesa, hereinafter referred to as "this code".
11.04.040 Section 105.3.1 Amended – Expiration
Section 105.3.1 of the CFC is amended to read as follows:
105.3.1 Expiration. An operational permit shall remain in effect until reissued, renewed or revoked, or such a period of time as specified in the permit. Construction permits shall automatically become invalid unless the work authorized by such permit is commenced within one hundred eighty days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of one hundred eighty days after the time the work is commenced. If a final inspection is not obtained within the three-year time period, a permit will become invalid and a new permit will be required. Before such work commences, a new permit shall be first obtained and the fee to recommence work, if any, shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year. Permits are not transferable and any changes in occupancy, operation, and tenancy or owner shall require that a new permit be issued.
11.04.080 Section 107 Amended and Added – Schedule of Fees Section 107.2 of the CFC is amended to read as follows:
107.2 Schedule of fees. The permit fees for all permits authorized by this code shall be as listed in the City of La Mesa Schedule of Fees.
Section 107.5 of the CFC is added to read as follows:
107.7 Cost Recovery. This section is to establish authority to obtain reimbursements from responsible individuals for the expenses of any emergency response and/or code enforcement action by the City of La mesa Fire Department to protect the public from fire or hazardous substances and situations as allowed by the general laws if the State of California and the La Mesa Municipal Code.
Section 107. 7 of the CFC is added to read as follows:
107.7 Reimbursements. (a) in accordance with the Health as Safety Code Section 13000 et seq., any individual who acts negligently or in violation of the law and thereby requires the jurisdiction to provide an emergency response to a danger posed by a fire or hazardous substances shall be liable for reimbursement to the agency for the cost incurred.(b) In accordance with Government Code Sections 53150 through 53158, any individual who is under the influence of an alcoholic beverage or any drug or the combined influence of an alcoholic beverage or any drug, and whose negligent operation of a motor vehicle, boat or vessel, or civil aircraft caused by that influence, proximately causes any incident and thereby requires that agency to provide an emergency response shall reimburse the agency for the cost incurred.
Section 107.8 of the CFC is added to read as follows:
107.8 Expense Recovery. This section establishes authority to obtain from responsible individuals for the expanse of any emergency response and/or enforcement action by the City of
3 La Mesa Fire Department to protect the public from fire, hazardous substances and dangerous situations as allowed under the La Mesa Municipal Code and by laws if the State of California.
Section 107.9 of the CFC is added to read as follows: 107.9 Cumulative Remedies. The remedies contained in this code are cumulative and inclusive of other remedies contained in the La Mesa Municipal Code. Nothing herein prevents the City Attorney or appropriate enforcement officer from pursuing remedies at law or equity to address violations of this code. Nothing herein shall prevent the application of civil remedies authorized by La Mesa Municipal Code Section
1.12.010(e).
11.04.050 Section 111 Amended - Board of Appeals
Section 111 of the CFC is amended to read as follows:
Appeals Board. Appeals to the decisions or determinations made by the Fire Marshal or Fire Code Official relative to the application and interpretation of the Fire Code adopted by the City, the applicant may appeal the decision to the Fire Chief and the City Manager within thirty (30) days from the date of the decision appealed and further defined in the City of La Mesa Municipal Code 11 .12. 030.
11.04.060 Section 112.4 Amended - Violation Penalties
Section 112.4 is amended to read as follows:
Violation Penalties. Any person who violates a provision of this code or shall fail to comply with any of the requirements thereof or who shall to erect, install, alter, repair or do work in violation of the approved construction documents or lawful directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction or misdemeanor, punishable by a fine of not more than $1,000 dollars or by imprisonment in the County jail not to exceed six (6) months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time as determined by the fire code official: and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.
11.04.070 Section 113.4 Amended - Failure to Comply
Section 113.4 of the CFC is amended to read as follows:
Section 113.4 Failure to Comply. Any person, who shall continue any work having been served with a stop work notice, except such work as that the person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $250 dollars or more than $1,000 dollars.
11.04.090 Section 202 Amended – Definitions
Section 202 of the CFC is amended by adding the following definitions:
Accessory Structure is a building or structure used to shelter or support any material, equipment, chattel, or occupancy other than a habitable building. (A) (See Structure).
4 Combustible Vegetation is material that in its natural state will readily ignite, burn and transmit fire from the vegetation growth to any structure: this includes ground fuels which are any native or landscape vegetation not considered a tree and generally in contact with the ground.
Fire Authority Having Jurisdiction (FAHJ) is the designated entity providing enforcement if the fire regulations as they relate to planning, construction, and development. This entity may also provide fire suppression and other emergency services.
Fire Department is any regularly organized fire department, fire protection district, a legally formed volunteer fire department recorded with the County of San Diego, or a fire company regularly charged with the responsibility of proving fire protection to the jurisdiction.
Fire Hazard is anything that increases or could create an increase of hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or anything or act which could obstruct, delay, hinder or interfere with the operations of the fire department or egress of the occupants in the event of fire.
Fuel Modification Zone is a strip of land where combustible vegetation has been thinned, modified or both and partially or totally replaced with approved drought tolerant, fire resistant, and/or irrigated plants to provide an acceptable level of risk from vegetation fires. Fuel modification reduces radiant and convective heat, thereby reducing the amount of heat exposure on the roadway or structure and providing fire suppression forces a safer area in which to operate.
Hazardous Fire Area is any geographic area mapped by State or local jurisdiction as a high or very high fire hazard area, or as set forth by the FAHJ that contains the type and condition of vegetation, topography, weather, and structure density to potentially increase the possibility of vegetation conflagration fires shall be considered a hazardous fire area.
Heavy Timber Construction as described in the California Building Code.
Off-site Roadway is a road, street, public highway, or private road, used for fire apparatus, access from a publicly maintained road to the boundary of the subject property.
On-site Roadway is a road, street, public highway, private road, or driveway used for fire apparatus access within the boundaries of the subject property or land division. Planning Authority Having Jurisdiction (PAHJ) is the identified authority regulating and enforcing planning and/or construction standards.
Response Time is the elapsed time from the fire department's receipt of the first alarm to when the first fire unit arrives on the scene.
Travel Time is the estimated time it would take for a responding agency to travel from the fire station to the furthest structure in a proposed development project, determined by measuring the safest, most direct, appropriate, and reliable route with consideration given to safe operating speeds for heavy fire apparatus.
Vegetation Conflagration is an uncontrolled fire spreading through vegetative fuels, and exposing and consuming structures in the advancing path of fire.
5 11.04.100 Section 503.2.1 Amended – Dimensions
Section 503.2.1 of the CFC is amended to read as follows:
Section 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed improved width of not less than twenty (20) feet, except for single family residential driveways not to exceed 150 feet in length from the public-right-a-way and serving no more than two single family dwellings, shall have a minimum of sixteen (16) feet unobstructed improved width. Any of the following, which have separated lanes of one-way traffic: gated entrances with card readers; guard stations or center medians, are allowed, provided that each lane is not less that fourteen (14) feet wide. All fire apparatus access roads shall have an unobstructed vertical clearance of not less than thirteen feet six inches (13'6"). Vertical clearance or road width shall be increased when, in the opinion of the fire code official, vertical clearances or road widths are not adequate to provide fire apparatus access.
11.04.040 Section 503.1 Added – Fire Lane Designation
Section 503.3.1 of the CFC is added to read as follows:
503.3.1 Fire lane designation. Where the fire code official determines that it is necessary to ensure adequate fire access, the fire code official may designate existing roadways as fire access roadways as provided by Vehicle Code Section 22500.1 (public) or 22658(a) (private).
11.04.010 Section 505.1 Amended – Address Identification Section 505.1 of the CFC is amended to read as follows:
Section 505.1 Address Identification. Address Numbers. Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: minimum three inches (3") high with a one-half inch (~"- stroke for individual suites and apartments, minimum four inches (4") high with a one-half inch (1/2") stroke for residential buildings, minimum eight inches (8") high and one-half (1/2") stroke for commercial, multi-residential building, and industrial buildings. Additional numbers shall be required where deemed necessary by the fire code official, such as rear access doors, building corners, and entrances to commercial centers. The fire code official may require larger address numbers based on visibility and the needs of emergency response personnel.
11.04.130 Section 505.3 Added – Response Map Updates
Section 505.3 of the CFC is added to read as follows:
505.3 Response map Updates. Any new development, which necessitates updating of the emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in a format compatible with current department mapping services, and shall be charged a reasonable fee for updating all response maps.
6 11.04.200 Section 5704.2.9.6.1 Amended – Location where above-ground tank are prohibited
Section 5704.2.9.6.1 of the CFC is amended to read as follows:
Location where above-ground tanks are prohibited. Storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited except for zones classified as commercial or industrial.
11.04.210 Section 5706.2.4.4 Amended – Location where above-ground tank are prohibited
Section 5704.2.4.4 of the CFC is amended to read as follows:
5705.2.4.4 Location where above-ground tanks are prohibited. Storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited except for zones classified as commercial or industrial.
11.04.220 Section 5806.2 Amended – Limitations
Section 5806.2 of the CFC is amended to read as follows:
5802.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited except for zones classified as commercial or industrial.
11.04.230 Section 6104.2 Amended – Maximum capacity within established limits Section 6104.2 of the CFC is amended to read as follows:
6104.2 Maximum capacity within established limits. The geographic limits in which the bulk storage of liquefied petroleum gas is prohibited for the protection of heavily populated and congested areas is hereby established as jurisdiction limits of the City of La Mesa except for areas zoned for industrial use."
SECTION 3. Constitutionality. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council of the City of La Mesa hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, respective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional. If any provision of this Ordinance or application thereof to any person or circumstances is held invalid. Such invalidity shall not affect other provisions or applications and, to this end, the provisions of the Ordinance are declared to be severable.
SECTION 4. This Ordinance shall be effective January 1, 2023 and the City Clerk of the City of La Mesa is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing the Daily Transcript, a newspaper of general circulation published in the City of La Mesa.
7 INTRODUCED AND FIRST READ at a Regular meeting of the City Council of the City of La Mesa, California, held the 8th day of November 2022, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the 22nd day of November 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________
MARK ARAPOSTATHIS, Mayor
ATTEST:
___________________________________
MEGAN WIEGELMAN, CMC, City Clerk
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and correct copy of Ordinance No. 2022-2XXX duly passed and adopted by the City Council of said City on the date and by the vote therein recited and that the same has been duly published according to law.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
Attachment B
Deleted
11.04.010 California Fire Codes, 2022 Edition – Adopted by reference Appendix D.
Explanation:
Appendix D puts unnecessary design constraints on infrastructure that is generally not operationally necessary and goes beyond the minimum design requirements as set forth in CFC Ch. 5.
11.04.100 Section 503.2.1 Amended – Dimensions
- Exception: Upon approval of the fire code official. Vertical clearance or road width may be reduced as long as the reduction does not impair access by fire apparatus. In cases where the vertical clearance has been reduced, approved signs shall be installed and maintained indicating the amount of vertical clearance.
Explanation
This exception is less restrictive than State code and is therefore unenforceable.