Minutes — La Mesa City Council, March 14, 2023

City Council - March 14, 2023

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 6:00 p.m.

1.1 INVOCATION - COUNCILMEMBER SHU
Public Comments:

1.2 PLEDGE OF ALLEGIANCE
Public Comments:

2. CITY MANAGER COMMENTS
Public Comments:

There were no comments.

3. 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.

4. ADDITIONS AND/OR DELETIONS TO THE AGENDA
Public Comments:

There were no additions or deletions to the agenda.

5. PRESENTATIONS
Public Comments:

5.1 RECOGNITION OF GROSSMONT SECURITY GUARD DAVID ANTONIO FOR HIS WORK THAT LED TO TWO INDIVIDUALS BEING CONNECTED WITH THE HOME PROGRAM AND IN TURN LONG-TERM HOUSING Public Comments
Bonnie Baranoff
Thank you and congratulations, David Antonio!
Mayor Arapostathis presented David Antonio with a Certificate of Recognition.

Bonnie Baranoff submitted a comment thanking and congratulating David Antonio.

5.2 PRESENTATION FROM SAN DIEGO METROPOLITAN TRANSIT SYSTEM (MTS) ON TROLLEY FARE ENFORCEMENT STATISTICS Public Comments:

Al Stiehler, MTS Director of Transit Security and Passenger Safety, provided a PowerPoint presentation on transit security and passenger safety, highlighting the Mission, Vision, and values of MTS, the duties of Code Compliance Inspectors and Transit Security Officers, employee training, the Bus Enforcement Support Team, Bike Team, K-9 Team, Outreach Services Team, and Rider/Experience Details/Passenger Safety Team, Operation Life Saver, the trolley system, and the fare enforcement procedures.

Council questions and comments ensued.

5.3 2023 BOARDS AND COMMISSIONS WORK PLANS
Attachments
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Public Comments

1. 2023 Boards and Commissions Work Plans - March 14.pdf

2. Attachment A - 2023 Planning Commission Work Plan.pdf

3. Attachment B - 2023 CS Commission Work Plan.pdf

4. Attachment C - 2023 Historic Preservation Commission Work Plan.pdf

PLANNING COMMISSION

COMMUNITY SERVICES COMMISSION

HISTORIC PRESERVATION COMMISSION
City Manager Humora provided opening comments.

Planning Commission Chair Torpey presented the Commission's 2023 Work Plan.

Community Services Chair Bohan presented the Commission's 2023 Work Plan.

Historic Preservation Chair Pauli presented the Commission's 2023 Work Plan.

Following Council questions and comments, no action was taken.

5.4 PROCLAIMING MARCH 21, 2023 AS SPRING EQUINOX NOWRUZ DAY Public Comments:

Councilmember Shu read the proclamation proclaiming March 21, 2023 as Spring Equinox Nowruz Day.

6. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
Public Comments:

Dianne Osterling spoke regarding the Historic Preservation Commission's 2023 Work Plan and paradigm shifts.

Janet Castanos spoke regarding the building permit process improvements and working together in a professional and collaborative manner.

Darel Kennedy spoke regarding bee keeping in the City of La Mesa.

7. CONFLICT DISCLOSURES
Public Comments:

There were no conflict of interest disclosures.

8. BOARD AND COMMISSION INTERVIEWS
Public Comments:

8.1 INTERVIEW OF APPLICANT FOR A VACANCY ON THE COMMUNITY POLICE OVERSIGHT BOARD Attachments
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Public Comments

1. Memo_CPOB Interviews 2023-03-14.pdf

2. Attachment A_Applicant List CPOB_March.pdf
City Clerk Wiegelman stated John Fonseca was not able to attend the City Council meeting due to a prior commitment but had provided a written statement expressing their interest in being considered for appointment to the Community Police Oversight Board as the business representative. City Clerk Wiegelman said the appointment would be made at the March 28, 2023, City Council meeting.

9. BOARD AND COMMISSION APPOINTMENTS
Public Comments:

9.1 RESOLUTION APPOINTING A MEMBER TO FILL THE UNSCHEDULED VACANCY ON THE ENVIRONMENTAL SUSTAINABILITY COMMISSION Attachments
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Public Comments

1. Memo_Enviornmental Sustainability Commission Appointment.March 2023.pdf

2. Attachment A_Applicant.Environmental Sustainability Commission.March.pdf

3. Attachment B_Resolution.Environmental Sustainability Commission Appointment_March.pdf Mayor Arapostathis nominated David Harris for appointment to the Environmental Sustainability Commission as the older adult representative.

Resolution No. 2023-019
Moved By
Mayor Arapostathis
Seconded By
Councilmember Shu
Approve the appointment of David Harris to the Environmental Sustainability Commission as the older adult representative and adopt Resolution confirming the appointment.

For (5)
Mayor Arapostathis, Councilmember Shu, Vice Mayor Parent, Councilmember Dillard, and Councilmember Lothian Approved (5 to 0)

10. PUBLIC COMMENTS ON CONSENT CALENDAR
Public Comments:

Dianne Osterling spoke on Items 11.7 and 11.8.

11. CONSENT CALENDAR
Public Comments:
(Items 11.1 through 11.9)
*The Ordinance title shall be deemed read if the item is not removed from the Consent Calendar for discussion and possible action (Items 11.7 and 11.8).

Councilmember Lothian inquired about Item 11.7.

Moved By
Vice Mayor Parent
Seconded By
Councilmember Shu
Approve Consent Calendar Items 11.1 through 11.9.

For (5)
Mayor Arapostathis, Councilmember Shu, Vice Mayor Parent, Councilmember Dillard, 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 MEETING HELD TUESDAY, FEBRUARY 28, 2023 Attachments
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Public Comments

1. Post-Meeting Minutes - CCM_Feb28_2023.pdf
Approve.

11.3 RESOLUTION APPROVING AN AMENDMENT TO THE APPROVED COMPENSATION PLAN FOR FISCAL YEAR (FY) 2022-2023, FY 2023-2024, AND FY 2024-2025 TO ADJUST THE SALARY FOR THE POSITIONS OF COMMUNICATIONS MANAGER AND BUILDING OFFICIAL Attachments
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Public Comments

1. Staff Report - Comp Plan Amendments_3.14.23.pdf

2. Attachment A - Resolution to Amend Compensation Plan .pdf

3. Attachment B - FY22-23 Amended Comp Plan_Building Official.pdf

4. Attachment C - FY23-24 Amended Comp Plan_Building Official.pdf

5. Attachment D - FY24-25 Amended Comp Plan_Building Official and Communications Manager.pdf

6. Fiscal Impact Certificate_Comp Plan Update .pdf
Resolution No. 2023-020
Adopt Resolution.

11.4 COMMUNITY POLICE OVERSIGHT BOARD 2022 ANNUAL REPORT Attachments
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Public Comments

1. Community Police Oversight Board 2022 Annual Report.pdf Receive and file.

11.5 INDEPENDENT POLICE AUDITOR REPORT FOR THE QUARTER ENDING DECEMBER 31, 2022 Attachments
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Public Comments

1. Memo - Independent Police Auditor Report for the Quarter Ending December 31, 2022.pdf

2. 2022 4th Quarter Report_Final.pdf
Receive and file.

11.6 RESOLUTION AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF THE FISCAL YEAR 2023 BOARD OF STATE AND COMMUNITY CORRECTIONS (BSCC) OFFICER WELLNESS AND MENTAL HEALTH GRANT FUNDS Attachments
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Public Comments

1. Staff Report - BSCC Grant 2023-03-14.pdf

2. Attachment A - 2023 BSCC Award Letter.pdf

3. Attachment B - CordicoShield Law Enforcement Wellness Solution Overview.pdf

4. Attachment C - Resolution FY23 BSCC grant.pdf
Resolution No. 2023-021
Adopt Resolution.

11.7 *SECOND READING AND ADOPTION OF AN ACCESSORY DWELLING UNITS ORDINANCE Attachments
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Public Comments

1. Memo_ADU Ordinance 2nd Reading 2023-03-14.pdf

2. Attachment A_ADU Ordinance.pdf
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA ADOPTING AMENDMENTS TO TITLE 24 (ZONING) OF THE LA MESA MUNICIPAL CODE FOR THE DEVELOPMENT OF ACCESSORY DWELLING UNITS (ADUs) IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 65852.2, 65852.23, AND 65852.26 AND HEALTH AND SAFETY CODE SECTION 17980.12 Ordinance No. 2023-2903
Approve the second reading and adoption of the Ordinance.

11.8 *SECOND READING AND ADOPTION OF A JUNIOR ACCESSORY DWELLING UNITS ORDINANCE Attachments
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Public Comments

1. Memo_JADU Ordinance 2nd Reading 2023-03-14.pdf

2. Attachment A_JADU Ordinance.pdf
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA ADOPTING AMENDMENTS TO TITLE 24 (ZONING) OF THE LA MESA MUNICIPAL CODE FOR THE DEVELOPMENT OF JUNIOR ACCESSORY DWELLING UNITS (JADUs) IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22 AND HEALTH AND SAFETY CODE SECTION 17980.12 Ordinance No. 2023-2904
Approve the second reading and adoption of the Ordinance.

11.9 SIXTH CYCLE HOUSING ELEMENT UPDATE
Attachments
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Public Comments

1. Memo - Housing Element Update.pdf
Receive and file.

12. STAFF REPORTS
Public Comments:

12.1 TERMINATION OF THE LOCAL EMERGENCY DUE TO THE CORONAVIRUS PANDEMIC Attachments
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Public Comments

1. Memo_Termination of COVID-19 Local Emergency 2023-03-14.pdf

2. Attachment A_Resolution Terminating COVID Emergency Proclamation.pdf

3. Attachment B_Proclamation of Local Emergency.pdf

4. Attachment C_Executive Orders.pdf
CONSIDERATION OF RESOLUTION TERMINATING THE LOCAL EMERGENCY PROCLAIMED BY THE CITY MANAGER, AS THE DIRECTOR OF EMERGENCY AND DISASTER, ON MARCH 13, 2020, DUE TO THE CORONAVIRUS PANDEMIC AND RESCINDING THE CORRESPONDING EXECUTIVE ORDERS ISSUED IN RESPONSE THERETO; AND POSSIBLE CITY COUNCIL CONSIDERATION OF AND DIRECTION REGARDING THE PANDEMIC RESPONSE STATUS City Manager Humora explained the purpose for the termination of the local emergency due to the Coronavirus pandemic and reviewed the executive orders and pandemic response status issued during the local emergency. City Manager Humora requested Council direction on whether to return the signal timing of the traffic signals that were reprogrammed to automatically display the pedestrian crossing signals back to their pre-pandemic status.

Council questions and comments ensued.

Resolution No. 2023-022
Moved By
Councilmember Shu
Seconded By
Councilmember Dillard
Adopt Resolution and direct staff to reevaluate which five traffic signals should automatically display the pedestrian crossing signals and return to Council with a proposal for Council consideration.

For (5)
Mayor Arapostathis, Councilmember Shu, Vice Mayor Parent, Councilmember Dillard, and Councilmember Lothian Approved (5 to 0)

12.2 CONSIDERATION OF RESOLUTION TERMINATING THE LOCAL EMERGENCY PROCLAIMED BY THE CITY MANAGER, AS THE DIRECTOR OF EMERGENCY AND DISASTER, ON MAY 30, 2020, DUE TO CIVIL UNREST AND RESCINDING THE CORRESPONDING EXECUTIVE ORDERS ISSUED IN RESPONSE THERETO Attachments
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Public Comments

1. Memo_Termination of Civil Unrest Local Emergency 2023-03-14.pdf

2. Attachment A_Resolution Terminating Civil Unrest Emergency Proclamation.pdf

3. Attachment B_Local Emergency Proclamation.pdf

4. Attachment C_Executive Orders(1).pdf
City Manager Humora explained the purpose for terminating the local emergency due to civil unrest and reviewed the executive orders issued during the local emergency.

Resolution No. 2023-023
Moved By
Vice Mayor Parent
Seconded By
Mayor Arapostathis
Adopt Resolution.

For (5)
Mayor Arapostathis, Councilmember Shu, Vice Mayor Parent, Councilmember Dillard, and Councilmember Lothian Approved (5 to 0)

12.3 CONSIDERATION OF RESOLUTION ADOPTING A LOCAL ROAD SAFETY PLAN FOR THE CITY OF LA MESA Attachments
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Public Comments

1. Staff Report - 2023 LRSP Adoption Report .pdf

2. Attachment A - Resolution LRSP adoption 2023-03-14.pdf

3. Attachment B - LRSP Final Revised Plan with Appendices.pdf

4. Attachment C - Local Road Safety Plan_2023-03-14.pdf Mary Kate Miller
Agenda item: 12.3 Local Road Safety Plan
Representing multiple neighbors along the 8900 block of Lemon Ave (Jackson-Bancroft) – I would like to highlight and emphasize the need for Lemon Avenue traffic mitigation as identified in the following sections of the La Mesa Local Road Safety Plan Stakeholder Packet Response Summary: Priority Unsignalized Intersections; Other Unsignalized Intersections, Priority Roadway Segments, Other Roadway Segments Not on the Priority List, Locations Near Schools, Pedestrian Safety Countermeasures, Additional Safety Countermeasures, Additional Areas with Safety Concerns or Challenges for Roadway Users and Important Safety Countermeasures.

Lemon Ave roadways and intersections (Jackson, Garfield, Wood, and Bancroft) have all been identified as problematic. We residents have been vocal on the problems for several years.

Although the traffic and safety problems have been acknowledged by members of the City Council, Traffic Engineers, and Public Works, as well as the Police Department, action items have not been delivered. The road conditions (potholes, etc.) continue to deteriorate due to the ever-increasing volume, size, and speed of vehicles.

I am pleased to see this agenda item- especially the summaries in the Appendices.

Everything discussed in A-5, A-6, A-7 and A-8 are critical. I looked up the term “Road Diet”, and hope some of these short term, as well long term, reconfiguration tools can be employed.

Respondents Mike Calandra, Dinah and Paul Justice (Mobility Commission); Sergeant Purdy (LMPD); and Tuere Fa’aola (SD Association of Governments) all documented the Lemon Avenue concerns in their report comments. Item # 50 in the LM Local Road Safety Plan Stakeholder Packet Response Summary captures the main, persistent and worsening issues:

Traffic volume, traffic velocity, inattention to traffic laws (speed limit, stops signs), lack of sidewalks, narrow streets, and freeway on and off ramps.

Residents are seeing increasing speeds in the section of Lemon Ave. between Garfield and Bancroft making it unsafe to cross the street (in which there is no cross walk in this stretch of roadway) and unsafe to enter and exit driveways without risk of accidents due to drivers traveling at excess speeds. This is contrary to La Mesa’s stated goals of being walkable, bikeable, and age-friendly. It also goes against La Mesa’s climate action plan to reduce carbon emissions.

As the expectation is there will be more growth in the area – it is urgent that La Mesa invest in the critical infrastructure needed to ensure safety in addition to quality of life issues.

Thank you for listening.

Dan and Mary Kate Miller
Engineering Project Manager Kinnard introduced Myles Baidy, Project Engineer - STC Traffic Inc., who provided a PowerPoint presentation on the proposed Local Road Safety Plan ("LRSP"), highlighting the purpose of a LSRP, the Vision and Mission of the LRSP, the citywide collision analysis, the feedback from stakeholders and safety partners, the countermeasure toolbox, the priority projects, and the implementation and evaluation of the LSRP.

Council questions and comments ensued.

Mary Kate Miller submitted a comment regarding the need for traffic mitigation on Lemon Avenue between Jackson Drive and Bancroft Drive.

Resolution No. 2023-024
Moved By
Vice Mayor Parent
Seconded By
Councilmember Shu
Direct staff to revisit the analysis used in the Local Road Safety Plan in a manner that prioritizes preventing injuries and death and return to Council with a set of priority projects that are consistent with those goals for Council consideration.

For (5)
Mayor Arapostathis, Councilmember Shu, Vice Mayor Parent, Councilmember Dillard, and Councilmember Lothian Approved (5 to 0)

12.4 CONSIDERATION OF A FIFTY PERCENT COST RECOVERY REDUCTION POLICY WITH A $50,000 MONETARY CAP OR AN ALTERNATIVE POLICY FOR A THREE-YEAR OKTOBERFEST SPECIAL EVENT PERMIT APPLICATION Attachments
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Public Comments

1. Consideration of a Cost Recovery Policy for 2023-2025 Oktoberfest Special Event Permit.pdf Assistant to the City Manager Dedmon provided a PowerPoint presentation on the City's cost recovery reduction policy for past Oktoberfest events, the 2023-2025 Oktoberfest Special Event Permit application submitted by McFarlane Promotions, Inc. ("McFarlane"), and the accomplishments of McFarlane as they relate to the City of La Mesa.

Council questions and comments ensued.

Moved By
Vice Mayor Parent
Seconded By
Mayor Arapostathis
Approve a fifty percent cost recovery reduction policy with a $50,000 monetary cap for the three-year Oktoberfest Special Event Permit Application.

For (5)
Mayor Arapostathis, Councilmember Shu, Vice Mayor Parent, Councilmember Dillard, and Councilmember Lothian Approved (5 to 0)

13. HEARING
Public Comments:

13.1 CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEAR (FY) 2023-2024 AND A SUBSTANTIAL AMENDMENT TO FISCAL YEAR 2022-2023 Attachments
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Public Comments

1. Staff Report - CDBG AAP 2023-24 Hearing 1.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.

Associate Planner Kinnard provided a PowerPoint presentation on the CDBG program, the 2020-2025 Consolidated Planning goals, the amendments to the FY 2022-2023 Annual Action Plan, and the proposed funding levels and allocation of CDBG program funds for FY 2023-2024.

Council questions and comments ensued.

Moved By
Vice Mayor Parent
Seconded By
Mayor Arapostathis
Close the hearing.

For (5)
Mayor Arapostathis, Councilmember Shu, Vice Mayor Parent, Councilmember Dillard, and Councilmember Lothian Approved (5 to 0)
Moved By
Vice Mayor Parent
Seconded By
Mayor Arapostathis
Reaffirm CDBG program priorities and direct staff to draft and circulate for public review the FY 2023-2024 CDBG Action Plan and amended FY 2022-2023 CDBG Action Plan for United States Department of Housing and Urban Development (HUD) funded activities and return to Council on April 25, 2023, for final review and approval For (5)
Mayor Arapostathis, Councilmember Shu, Vice Mayor Parent, Councilmember Dillard, and Councilmember Lothian Approved (5 to 0)

14. COUNCIL INITIATED
Public Comments:

14.1 CONSIDERATION TO REQUEST STAFF TO DRAFT A TOBACCO RETAILER LICENSING (TRL) ORDINANCE - COUNCILMEMBER SHU Attachments
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Public Comments

1. CI.Shu.Tobacco Retailer Licensing 2023-03-14.pdf
Councilmember Shu explained the purpose for requesting staff to draft a TRL Ordinance.

Council questions and comments ensued.

The following members of the public spoke in support of directing staff to draft a TRL Ordinance:

Janet Castanos
Dana Stevens
Lynda Barbour
Chelsea Wallzak Vircks
Yameeka Williams
Council questions and comments continued.

Moved By
Councilmember Shu
Seconded By
Vice Mayor Parent
Direct staff to draft a Tobacco Retailer Licensing Ordinance and create an ad hoc subcommittee comprised of Councilmember Dillard and Councilmember Shu to assist staff with the details of the Ordinance.

For (4)
Mayor Arapostathis, Councilmember Shu, Vice Mayor Parent, and Councilmember Dillard Against (1)
Councilmember Lothian
Approved (4 to 1)

14.2 CONSIDERATION OF DIRECTING THE CITY MANAGER TO BEGIN NEGOTIATIONS TO ENTER INTO A PROJECT LABOR AGREEMENT WITH THE BUILDING TRADES AND CARPENTERS UNIONS - VICE MAYOR PARENT AND COUNCILMEMBER DILLARD Attachments
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Public Comments

1. CI.Dillard.Parent_Project Labor Agreement 2023-03-14.pdf Vice Mayor Parent and Councilmember Dillard explained the purpose for directing the City Manager to begin negotiations to enter into a project labor agreement with the building trades and carpenters unions.

The following members of the public spoke in support of directing the City Manager to begin negotiations to enter into a project labor agreement with the building trades and carpenters unions:

Wendy Mihalic
Sean-Keoni Ellis
Patrick Davidson
Andrea Beth Damsky
Gretchen Newsom
Jesse R. Zendejas
David Zepeda
Matthew Leyba-Gonzalez
Johnny Reyna
Diego Espinoza
Neil Duggan
Tony Sanchez
Dan DuPree
Johnny Galvan
Carol Kim
Adrian Lopez
Kelvin Barrios
Council questions and comments ensued.

Moved By
Vice Mayor Parent
Seconded By
Councilmember Dillard
Direct the City Manager to begin negotiations to enter into a Project Labor Agreement with the San Diego Building and Construction Trades Council with a threshold of $1 million+ for La Mesa public projects, capital improvements, and modernization of City facilities.

For (5)
Mayor Arapostathis, Councilmember Shu, Vice Mayor Parent, Councilmember Dillard, and Councilmember Lothian Approved (5 to 0)

14.3 CONSIDERATION OF DIRECTING STAFF TO CREATE A POLICY AND PROGRAM TO UTILIZE AFFORDABLE HOUSING AGREEMENTS AND TO GENERATE SUFFICIENT FEE REVENUE TO MONITOR COMPLIANCE WITH AFFORDABILITY DEED RESTRICTIONS - VICE MAYOR PARENT AND COUNCILMEMBER SHU Attachments
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Public Comments

1. CI.Parent.Shu_Affordable Housing Agreements 2023-03-14.pdf

2. Attachment A_Complete Communities Agreement.v1 - SDHC - 2023-03-06.pdf Vice Mayor Parent and Councilmember Shu explained the purpose for directing staff to create a policy and program to utilize affordable housing agreements and generate sufficient fee revenue to monitor compliance with affordability deed restrictions.

Council questions and comments ensued.

Vinton Omaleki spoke in support of directing staff to create a policy and program to utilize affordable housing agreements and generate sufficient fee revenue to monitor compliance with affordability deed restrictions.

Council questions and comments continued.

Moved By
Vice Mayor Parent
Seconded By
Councilmember Shu
Direct staff to create a policy and program to utilize affordable housing agreements and generate sufficient fee revenue to monitor compliance with affordability deed restrictions.

For (4)
Mayor Arapostathis, Councilmember Shu, Vice Mayor Parent, and Councilmember Dillard Against (1)
Councilmember Lothian
Approved (4 to 1)

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.

La Mesa City CouncilMarch 14, 2023

La Mesa City Council
March 14, 2023