Agenda packet — La Mesa City Council, March 28, 2023 (part 4 of 4)

Jurisdiction La Mesa
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Preservation of Historic Housing
Initiate a program to update the inventory to identify Mid-Century Modern structures that could be included in the Historic Preservation program. 2022 City staff is collaborating with La Mesa Historical Society on developing an update to the Historic Resources Inventory.

Preservation of Historic Housing Assist 20 homeowners with applications for Landmark Status 2029 In 2022, two (2) historic landmark applications were approved. Staff assisted two potential applicants in researching their properties.Preservation of Historic Housing Continue to provide information on Mills Act incentives on City website and at public counters. Ongoing The City continues to provide information to the public about the Mills Act program. In 2022, three new Mills Act agreements were established.

Preservation of At-Risk Housing
Annually monitor the status of Murray Manor for the potential of losing the Section 8 subsidies due to discontinuation of the program at the federal level or opting out by the property owner. However, the conversion risk of this project is considered low.

Annually In 2022, Murray Manor maintained its Section 8 program.

Preservation of At-Risk Housing
If there is an opportunity, due to the pending sale of the property, establish contact with public and non-profit agencies interested in purchasing and/or managing units at risk. Where feasible, provide technical assistance to these organizations with respect to financing.

Ongoing The property is not currently for sale.

Preservation of At-Risk Housing
Should the property owner pursue conversion of the units to market rate, ensure that tenants are properly noticed and informed of their rights and that they are eligible to receive special Section 8 vouchers that would enable them to stay in their units. Provide tenants with information regarding Section 8 rent subsidies through the San Diego County Housing Authority, and other affordable housing opportunities in the City.

Ongoing The units are not being converted to market rate at this time.

Sustainable Building Program
Continue to participate in a variety of Property Assessed Clean Energy Programs (PACE) to enable property owners in La Mesa to finance renewable energy improvements, and energy and water efficiency improvements.

Ongoing The City continues to participate in a variety of Property Assessed Clean Energy (PACE) Programs.

Sustainable Building Program
Develop objective design standards to augment the City’s Urban Design program. New standards will incorporate sustainable design principles and practices 2021 The City is working with a consultant to develop objective design guidelines and will have a draft for public review in 2023.

Condominium Conversions Continue to implement the City’s Condominium Conversion Ordinance. Ongoing The City continues to implement the Condominium Conversion Ordinance.

Condominium Conversions Monitor condominium conversion activities to ensure the ordinance provides adequate protection of the rental housing stock. Bi-annually The City continues to monitor condominium conversion activities. There was no condominium conversion activity in 2022.Housing Rehabilitation Continue to pursue funding from the State throughout the planning period to potentially reinstate the housing rehabilitation program. Ongoing No funding opportunities mateialized in 2022.

Housing Rehabilitation Work with developers and non-profits on an annual basis to pursue funding for housing rehabilitation. Ongoing No funding opportunities materialized in 2022.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation

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Jurisdiction La Mesa
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Rehabilitation If funding is acquired by 2023, provide rehabilitation for five units per year for the rest of the planning period. Ongoing No funding opportunities materialized in 2022.

Adequate Sites for RHNA and Monitoring of No Net Loss
Develop a procedure to monitor the development of sites identified in the sites inventory and ensure adequate sites are available to meet the remaining RHNA by income category. 2021 Staff closely monitors development interest and activity on sites identified in the housing inventory.

Adequate Sites for RHNA and Monitoring of No Net Loss
Provide information on available sites and development incentives on City website. Ongoing Information about development incentives is available on the website.

Adequate Sites for RHNA and Monitoring of No Net Loss
Assist developers in identifying available sites for residential and mixeduse developments Ongoing Community Development Department staff works closely with developers to identify housing sites and develop projects that maximize housing opportunities.

Adequate Sites for RHNA and Monitoring of No Net Loss
Facilitate zoning changes as appropriate to encourage residential development. Ongoing There was no re-zoning activity in 2022.

Adequate Sites for RHNA and Monitoring of No Net Loss
Continue to facilitate entitlements throughout the City, including but not limited to, the City owned Old Police Station Site. Continue through the entitlement process of the Old Police Station Site which includes a zone change and other incentives in order to break ground on the project by August 2022 Ongoing A 100 percent affordable apartment development was approved at 8181 Allison Avenue, the former Police Station site, in October 2021, and was under construction in 2022 Lot Consolidation Program
Work with developers and owners of small sites to identify and consolidate parcels to facilitate the development of housing affordable to lower-income households.

Ongoing Two lot consolidations for residential or mixed use were completed in 2022.

Lot Consolidation Program Develop a lot consolidation procedure that is easier to navigate and post the procedure on the City website. 2022 In 2021, the lot consolidation application and review process was revised to be more in alignment with other jurisdictions.

By-Right Approval of Projects with 20% Affordable Units on “Reuse” Sites Amend Zoning Ordinance to require by-right approval of housing development that includes 20 percent of the units as housing affordable to lower income households, on sites being used to meet the 6th cycle RHNA 2022 Zoning ordinance amendment to be initiated in 2023.

Facilitate the Development of Higher Density Housing
Contact property owners and qualified developers of high-density residential and mixed-use developments to discuss opportunities in the City.

Ongoing City staff regularly works with owners and developers to facilitate project opportunities on key sites.

Facilitate the Development of Higher Density Housing
Initiate the master planning of the Grossmont Center through actions such as expedited review and processing of development proposals and lot splits and updating the Grossmont Specific Plan, with the goal of completing the planning effort to facilitate construction of housing units within the Housing Element planning period. City staff has had contacts with owners of the Grossmont Center regarding development interest. This Housing Element sites inventory includes select portions of the Grossmont Center based on owner interest and staff assessment of feasible locations. 2025 Staff is working with the new owner of the site to accomplish an update to the Grossmont Specific Plan and explore future development opportunities.

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Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Facilitate the Development of Higher Density Housing
Work with qualified developers in their efforts to pursue State and federal funding, such as providing letters of support for funding application and assistance in compiling data and information needed for funding application
Ongoing Staff is available to assist developers interested in pursuing State and federal funding as needed.

Facilitate the Development of Higher Density Housing
During pre-application meetings with developers, communicate the City’s vision for sustainable development, particularly in the Mixed Use Urban district and other targeted neighborhoods for higher-density housing.

Ongoing
City staff encourages developers to incorporate sustainable features, such as photovoltaic systems, into all new development and streamlines review of photovoltaic permit processing. In 2022, the City adopted the 2022 California Energy Code, which encourages the state’s clean energy goals.

Affordable Housing Development Incentives
Review and revise as necessary the City’s density bonus provisions to ensure consistency with State law and the City’s affordable housing program. 2021 Density bonus projects are reviewed for consistency with the most current version of State density bonus law. No revisions to local regulations are necessary at this time.

Affordable Housing Development Incentives
Continue to provide incentives for the development of affordable housing for senior and people with disabilities through implementation of the specific plan process.

Ongoing No projects proposed in 2022.

Affordable Housing Development Incentives
Evaluate the City’s affordable housing incentives for consistency with the latest changes to the State Density Bonus Law 2021 Density bonus projects are reviewed for consistency with the most current version of Stae density bonus law. No revisions to local regulations are necessary at this time.

Affordable Housing Development Incentives
Market incentives to housing developers via information on City website and at public counters. Ongoing The City provides information about local and state density bonus program tools to developers and actively encourages developer participation.

Coordination with Housing Developers
Maintain and update bi-annually a list of affordable housing developers for purposes of soliciting their involvement in development projects in La Mesa.

Ongoing The City maintains a list of affordable housing developers.

Coordination with Housing Developers
Partner with affordable housing developers to review available federal and State financing subsidies and apply as feasible on an annual basis. Ongoing No opportunities materialized in 2022.

Coordination with Housing Developers
Assist and support developers of housing for extremely low, very low, and low-income households with site identification, supporting applications, conducting pre-application meetings, assisting with design and site requirements, and providing regulatory incentives and concessions.

Ongoing Staff conducted pre-application review with multiple housing developers in 2022, most of whom are planning to include affordable units.

Coordination with Housing Developers
Assist and support developers of housing for special needs households, including households with persons with disabilities, persons with developmental disabilities, single-parent households, and large households, with site identification, supporting applications, conducting pre-application meetings, assisting with design and site requirements, and providing regulatory incentives and concessions.

Ongoing No opportunities materialized in 2022.

Accessory Dwelling Units Promote ADU construction with the objective of achieving 640 ADUs over eight years. Ongoing Staff assists potential applicants with ADU questions and works to prioritize ADU construction plan review.

Accessory Dwelling Units Develop materials for City website and distribution at public counters for ADU requirements and permitting procedures. 2022 Staff is working with a consultant to publish an ADU Guidebook that is expected to be completed in 2023.

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Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Accessory Dwelling Units
Develop a monitoring program in 2022 to ensure City is on track to meeting ADU construction goals. Monitor the number of permitted ADUs and affordability every year as part of the Annual Progress Report (APR) process and evaluate whether trends are consistent with 80 units per year with a moderate income affordability. If the annual monitoring determines that the City is not meeting its ADU goal with permitted ADUs, the City will ensure adequate sites are available to accommodate all income groups through alternative measures, including rezoning and or amending the Housing Element as necessary within 6 months following the submittal of the APR. 2022 The Community Development Depment maintains a current list of ADU permit applications and their project status. In 2022, the City was on-track to meet its ADU goal.

Accessory Dwelling Units Continue to pursue state funding for ADU conversions and or the construction of new ADUs. Ongoing No opportunities materialized in 2022.

Downpayment and Closing Cost Assistance (DCCA) Program Assist two households annually (16 households over eight years). Ongoing The City continues to participate in the San Diego County HOME Consortium. The HOME Consortium administers the local DCCA program. Downpayment and Closing Cost Assistance (DCCA) Program Continue to promote the DCCA program by posting information on City website, making brochures available to the public, and through occasional articles in the City’s newsletter.

Ongoing The City continues to promote the DCCA program on its website.

Housing Choice Voucher Program
Continue to promote the HCV program to residents and property owners through dissemination of brochures at public counters, providing information on the City's website, and referring residents and property owners to the County HCDS.

Ongoing The City continues to promote the Housing Choice Voucher program on its website. In 2022, 676 La Mesa residents were participating in the program.

Housing Choice Voucher Program
Work with County HCDS and the City’s Fair Housing Service provider to promote acceptance of HCVs through outreach and education to renters, and rental property owners and managers. Specifically, California legislature passed SB 329, which redefines source of income as "lawful, verifiable income paid directly to a tenant or to a representative of a tenant, or paid to a housing owner or landlord on behalf of a tenant, including federal, state or local public assistance, and federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issues under Section 8 of the United States Housing Act of 1937." Ongoing
Staff particiaptes in the San Diego Regional Alliance for Fair Housing, which actively works to promote and educate the community about fair housing. The City's fair housing service provider holds regular public outreach events at the La Mesa Library.

Prioritizing Sewer Services Adopt a procedure to prioritize sewer services for affordable housing projects within the City 2022 Development of a procedure to prioritize sewer services for affordable housing projects is underway.Affordable Housing and Housing for Special Needs Groups Amend the zoning ordinance to address Emergency Shelters (SB 2, 2007; AB 139, 2019) to remove the 150-foot distance requirement from residentially zoned properties and establish parking requirements based on staffing level only. 2022 Zoning ordinance amendment to be initiated in 2023.

Affordable Housing and Housing for Special Needs Groups Amend the zoning ordinance to establish provisions for Low Barrier Navigation Centers (AB 101, 2019) as development by right in areas zoned for mixed uses and nonresidential zones permitting multifamily uses if it meets specified requirements. 2022 Zoning ordinance amendment to be initiated in 2023.

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Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Affordable Housing and Housing for Special Needs Groups Amend the zoning ordinance to establish provisions for transitional and supportive housing as a residential use similar to uses in the same zone (SB 745, 2013; AB 2162, 2019) and to permit projects of up to 50 units by right in zones where multi-family and mixed-use developments are permitted, when the development meets certain conditions, such as providing a specified amount of floor area for supportive services. The City may choose to allow projects larger than 50 units by right, as well. AB 2162 also prohibits minimum parking requirements for supportive housing within ½ mile of a public transit stop. 2022 Zoning ordinance amendment to be initiated in 2022.

Affordable Housing and Housing for Special Needs Groups Amend the zoning ordinance to address Single-Room Occupancy (SRO) Units (AB 2634, 2007), which are distinct from a studio or efficiency unit. Although SRO units are not required to have a kitchen or bathroom, many SROs have one or the other and could be equivalent to an efficiency unit. 2022 Zoning ordinance amendment to be initiated in 2023.

Affordable Housing and Housing for Special Needs Groups Amend the zoning ordinance to provide for Affordable housing Streamlined Approval (SB 35). Establish a streamlined, ministerial review process for qualifying multi-family residential projects 2022 Zoning ordinance amendment to be initiated in 2023.

Affordable Housing and Housing for Special Needs Groups Amend the zoning ordinance to address farmworker housing. Clarify the types of non-commercial agricultural activities allowable in the singlefamily zones as accessory uses. While the City has no agricultural zones, agricultural uses are permitted as accessory uses in R1E, R1R, R1S, and R1 zones. 2022 Zoning ordinance amendment to be initiated in 2023.

Affordable Housing and Housing for Special Needs Groups Amend the Zoning Ordinance to implement a formal reasonable accommodation procedure to address reasonable accommodation requests with respect to zoning, permit processing, or building laws. 2022 Zoning ordinance amendment to be initiated in 2023.

Affordable Housing and Housing for Special Needs Groups Amend the Zoning Ordinance to allow employee housing for six or fewer persons to be treated as a residential use and subject to regulations that apply to other residential dwellings of the same type in the same zone. 2022 Zoning ordinance amendment to be initiated in 2023.

Affordable Housing and Housing for Special Needs Groups Amend the zoning ordinance to allow for large residential care facilities for seven or more persons in all residential zones without a CUP. Amend the zoning ordinance to allow group homes for seven or more in all residential zones and remove the location requirement of along major streets to mitigate the potential constraints on housing for persons with disabilities. 2022 Zoning ordinance amendment to be initiated in 2023.

Fees for Development Services
Consider granting a fee deferral, partial fee waiver, or paying a portion of the required fees to facilitate the development and rehabilitation of housing units affordable to lower income households, especially projects that include units for extremely low income households.

Ongoing
No requests were received for fee reductions in 2022. The City does not charge sewer connection fees for Accessory Dwelling Units and is considering waivers of all impact fees for deed-restricted affordable units.

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Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Development Standards
Initiate a process to review if it is appropriate and feasible to amend the Zoning Ordinance to rely on a sliding scale for parking for residential units based on size to mitigate potential constraints. 2022 Feasibility to be explored in 2023.

Objective Design Standards Develop and make available objective design standards that will provide a preliminary application process for residential development. 2022 The City is working with a consultant to develop objective design guidelines and will have a draft available for public review in 2023.

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Jurisdiction La Mesa ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 04/30/2021 - 04/30/2029 Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
34 APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Very Low Income Low Income Moderate Income Above Moderate Income Description of Commercial Development Bonus Commercial Development Bonus Date Approved Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation formulas
(CCR Title 25 §6202)
Annual Progress Report Page 510 of 585 January 2020
Jurisdiction La Mesa ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 04/30/2021 - 04/30/2029
The description should adequately document how each
unit complies with subsection (c) of Government Code Section 65583.1+.

For detailed reporting requirements, see the chcklist here:

Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+ Extremely Low- Income+ Very Low- Income+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/community‐ development/docs/adequate‐sites‐checklist.pdf Rehabilitation ActivityPreservation of Units At-RiskAcquisition of UnitsMobilehome Park PreservationTotal Units by Income Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report Page 511 of 585 January 2020
Jurisdiction La Mesa ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 6th Cycle 04/30/2021 - 04/30/2029 Notes
23 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
ModerateIncome Non Deed
Restricted
Above
ModerateIncome
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Above Moderate RHNA

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Jurisdiction La Mesa
Reporting Period 2022 (Jan. 1 - Dec. 31)Planning Period 6th Cycle 04/30/2021 - 04/30/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
23 4
APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Realistic Capacity Identified in the Housing Element Entity to whom the site transferred Intended Use for Site 1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.

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Jurisdiction La Mesa Note: "+" indicates an optional field Reporting Period 2022
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 34 5 6 7
APN Street Address/Intersection Existing Use Number of Units Surplus Designation Parcel Size (in acres) Notes NOTE: This table is meant to contain an invenory of
ALL surplus/excess lands the reporting jurisdiction
owns
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For San Diego County jurisdictions, please format the APN's as follows:999-999-99-99

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Jurisdiction La Mesa ANNUAL ELEMENT PROGRESS REPORT
Note: + indicates an
optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas
Planning Period 6th Cycle 04/30/2021 - 04/30/2029
Project Type Date Notes
23 APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Activity Date Very Low Income Low Income Moderate Income Above Moderate Income Notes 4995232000 9008 Terrace Dr 2022-1970 Application for Parcel Map for Lot Split
09/19/2022
Table I
Units Constructed Pursuant to Government Code 65852.21 and Applications for Lot Splits Pursuant to Government Code 66411.7 (SB9) NOTE: SB 9 PROJECTS ONLY. This table only needs to be completed if there were lot splits applied for pursuant to Government Code 66411.7 OR units constructed pursuant to 65852.21. Units entitled/permitted/constructed must also be reported in Table A2. Applications for these units must be reported in Table A.

Summary Row: Start Data Entry Below
Project Identifier Unit Constructed
1 4
Annual Progress Report Page 515 of 585 January 2020
Jurisdiction La Mesa ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022
(Jan. 1 - Dec.
31) Housing Element Implementation
Period 6th Cycle 04/30/2021 - 04/30/2029
Project Type Date
23 APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SH - Student Housing) Date Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Summary Row: Start Data Entry Below
Not
Cells in g
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Sectio Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY.

This table only needs to be completed if there were
student housing projects WITH a density bonus approved
pursuant to Government Code65915(b)(1)(F)
Annual Progress Report Page 516 of 585 January 2020
Jurisdiction La Mesa
Reporting Year 2022 (Jan. 1 - Dec. 31)Planning Period 6th Cycle 04/30/2021 - 04/30/2029 Current Year
Deed Restricted 0Non-Deed Restricted 0
Deed Restricted 115Non-Deed Restricted 0Deed Restricted 30Non-Deed Restricted 62 51 258
Units by Structure Type Entitled Permitted Completed
SFA 0 2 0SFD 0 3 12 to 4 0 8 05+ 64 183 0ADU 0 62 39MH 0 0 0Total 64 258 40 191426
00 00
00 Income Rental Ownership Total
Very Low 0 00
Low 0 00Moderate 0 00
Above Moderate 0 00Total 0 00
Cells in grey contain auto-calculation formulas
Income Level
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining PermitsNumber of Streamlining Applications ApprovedTotal Developments Approved with StreamliningTotal Units Constructed with Streamlining Total Housing Applications Submitted:Number of Proposed Units in All Applications Received:Total Housing Units Approved:Total Housing Units Disapproved:Total UnitsHousing Applications SummaryUse of SB 35 Streamlining ProvisionsNote: Units serving extremely low-income households are included in the very low-income permitted units totalsNumber of Applications for Streamlining Building Permits Issued by Affordability Summary

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Jurisdiction La Mesa
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto‐populated based on amounts entered in rows 15‐26.

Task $ Amount Awarded $ Cumulative Reimbursement Requested Other Funding Notes Summary of entitlements, building permits, and certificates of occupancy (auto‐populated from Table A2) Current Year
Deed Restricted 8Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0 5664
Current Year
Deed Restricted 0Non-Deed Restricted 0Deed Restricted 115Non-Deed Restricted 0Deed Restricted 30Non-Deed Restricted 62 51 258
Current Year
Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 39 1 40
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ ‐
Task Status

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REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: March 28, 2023
SUBJECT: RESOLUTION AUTHORIZING ACCEPTANCE AND
APPROPRIATION OF FY 2022 STATE HOMELAND

SECURITY GRANT PROGRAM (SHSGP) FUNDS
ISSUING DEPARTMENT: Fire
SUMMARY:

Issues:

Should the City Council accept the FY 2022 SHSGP grant of $42,882? Recommendation:

That the City Council:

1. Adopt a resolution to accept the FY 2022 State Homeland Security Grant and appropriate the amount of the award.

2. Authorize the City Manager or designee to execute any grant documents and agreements necessary for the receipt and use of these funds; and

3. Authorize the City Manager or designee to accept FY 2022 State Homeland Security Grant Program funded equipment purchased on behalf of the City of La Mesa.

Fiscal Impact:
$42,882 to purchase terrorism preparedness equipment ($31,713 for Fire and $11,169 for Police). Funds will be appropriated to the FY 2022-2023 and FY 2023-2024 budgets to a grant fund. There are no matching funds required for this grant.

City’s Strategic Goals:
 Safe community
 Maintain a financially sound and affordable city government

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Report to Mayor and Councilmembers
Date: March 28, 2023
Page: 2 of 2
BACKGROUND:

The FY 2022 SHSGP plays an important role in the implementation of Presidential Policy Directive – 8 (PPD-8) by supporting the development and sustainment of core capabilities to fulfill the National Preparedness Goal (NPG). SHSGP supports the implementation of state Homeland Security Strategies to address the identified planning, organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. The City of La Mesa has been allocated $42,882.

The Fire Department has been the lead for the City while working closely with the Police Department and Public Works. We have employed a unified strategy for determining the public safety equipment needs for the City. The Police Department is required to receive a minimum of 30 percent (increased from 25 percent in prior years) of the SHSGP grant to replace the Law Enforcement Terrorism Prevention Program (LETPP) grant. A workbook for La Mesa containing equipment, training, and planning needs was submitted to the State for approval and approval was received from San Diego County Office of Emergency Service on February 22, 2023.

The FY 2022 State Homeland Security grant funding will be utilized by both the Police and Fire Departments. The Fire Department will receive $31,713 to purchase mobile radios. The Police Department will receive $11,169 in funding to purchase portable radios. Actual items may change if modification is requested by the departments and approved by the granting agency.

CONCLUSION:

Staff recommends that the City Council adopt a resolution to accept the FY 2022 State Homeland Security Grant and appropriate the amount of the award.

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Bent Koch
City Manager Fire Chief
Attachments: A. Resolution
B. Notification of Award
C. Grant Allocation List
D. 2022 Grant Assurances

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RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AUTHORIZING THE ACCEPTANCE OF THE FISCAL YEAR (FY) 2022 STATE

HOMELAND SECURITY GRANT PROGRAM (SHSGP) GRANT FOR TERRORISM

PREPAREDNESS
___________________________________________________________________ NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, by the City Council of the City of La Mesa, that the City Council authorizes the acceptance of the SHSGP grant offered by the Department of Homeland Security in the amount of $42,882. However, if the actual revenue received from the source specified should be more or less than the amount set forth herein, that the appropriations shall be adjusted to equal the amount actually received.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 28th day of March 2023, 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. 2023- , 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)

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JURISDICTION
CITIES
LE - 25% of
FY21
Allocation
Non-LE
Allocation TOTAL
Sworn LE
Personnel
Figures
(2021)
LE - 30% of
FY21
Allocation
Non-LE
Population
(2021)
Non-LE
Allocation TOTAL
% Change
from
FY2021 to
FY2022
CARLSBAD 18,412 64,909 83,321 132 21,061 115,501 56,787 77,848 -6.57% CHULA VISTA 31,971 147,469 179,440 275 43,877 274,449 128,053 171,930 -4.19% CORONADO 6,137 16,191 22,328 46 7,339 22,357 15,024 22,363 0.16% DEL MAR - 7,234 7,234 - - 4,258 6,909 6,909 -4.49%
EL CAJON 17,984 59,639 77,623 123 19,625 103,243 51,290 70,915 -8.64% ENCINITAS - 37,546 37,546 - - 62,289 32,928 32,928 -12.30% ESCONDIDO 22,694 85,083 107,777 154 24,571 151,688 73,012 97,583 -9.46% ESCONDIDO RINCON DEL DIABLO - 7,142 7,142 - - - 6,289 6,289 -11.94% IMPERIAL BEACH - 19,684 19,684 - - 27,774 17,453 17,453 -11.33% LA MESA 9,848 36,386 46,234 70 11,169 59,578 31,713 42,882 -7.25% LEMON GROVE - 18,884 18,884 - - 26,345 16,812 16,812 -10.97% NATIONAL CITY 13,559 37,502 51,061 86 13,721 62,749 33,134 46,855 -8.24% NATIONAL CITY - LINCOLN ACRES - 827 827 - - - 723 723 -12.58% OCEANSIDE 32,113 97,816 129,929 226 36,059 176,754 84,250 120,309 -7.40% POWAY - 30,823 30,823 - - 48,936 26,941 26,941 -12.59%
SAN DIEGO 291,590 - 291,590 2,036 324,847 - - 324,847 11.41% SAN MARCOS - 55,878 55,878 - - 96,302 48,178 48,178 -13.78% SAN MARCOS FPD - 7,402 7,402 - - - 6,566 6,566 -11.29%
SANTEE - 35,356 35,356 - - 56,800 30,467 30,467 -13.83% SOLANA BEACH - 12,243 12,243 - - 13,827 11,200 11,200 -8.52% VISTA - 58,872 58,872 - - 103,268 51,302 51,302 -12.86% VISTA FPD - 10,858 10,858 - - - 9,179 9,179 -15.46%
TOTAL CITIES 444,308 847,744 1,292,052 3,148 502,269 1,406,118 738,210 1,240,479 -3.99%

FIRE DISTRICTS/OTHER
ALPINE FPD - 13,492 13,492 - - 16,224 12,274 12,274 -9.03% DEER SPRINGS FPD - 11,407 11,407 - - 12,242 10,489 10,489 -8.05% LAKESIDE FPD - 38,411 38,411 - - 63,835 33,621 33,621 -12.47% NORTH COUNTY FPD - 32,415 32,415 - - 52,380 28,485 28,485 -12.12% PORT OF SAN DIEGO 19,125 - 19,125 140 22,337 - - 22,337 16.79% RANCHO SANTA FE FPD - 22,904 22,904 - - 34,208 20,338 20,338 -11.20% SAN MIGUEL FPD - 71,006 71,006 - - 126,111 61,544 61,544 -13.33% VALLEY CENTER FPD - 13,567 13,567 - - 16,367 12,338 12,338 -9.06% TOTAL FIRE DISTRICTS/OTHER 19,125 203,202 222,327 140 22,337 321,367 179,090 201,427.00 -9.40% 2-1-1 SAN DIEGO CONTRACT 70,000 70,000 70,000 70,000 0.00%

COUNTY DEPTS
UDC SHARE 0 102,357 102,357 - - - 102,357 102,357 0.00% M&A (5%) 0 168,160 168,160 - - - 160,535 160,535 -4.53% HHSA-PHPR 80,000 80,000 - - 80,000 80,000 0.00%
OES - 1,050,941 1,050,941 - - - 917,301 917,301 -12.72% SHERIFF 377,369 - 377,369 2,749 438,607 - - 438,607 16.23% TOTAL COUNTY DEPTS 377,369 1,401,458 1,778,827 2,749 438,607 - 1,260,193 1,698,800 -4.50% TOTAL ALLOCATIONS 840,802 2,522,404 3,363,206 6,037 963,213 1,727,485 2,247,493 3,210,706 -4.53% Notes:
*Personnel Cap: Each jurisdiction's allocation has a personnel cap of 50%. *San Diego Sheriff includes: Unincorporated San Diego County and the contracted cities of Del Mar, Encinitas, Imperial Beach, Lemon Grove, Poway, San Marcos, Santee, Solana Beach and Vista.

FY 2022 STATE HOMELAND SECURITY PROGRAM (SHSP) GRANT ALLOCATION PROPOSAL FY2021 - ALLOCATION FY2022 - Allocation

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As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;

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(d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.

This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

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The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:

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(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discriminationon the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;

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(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable.

FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;

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(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 etseq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wildand scenic rivers system.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

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8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.

9. Cooperation and Access to Records
All Applicants must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $30,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R.

Part 170 Reporting Subaward and Executive Compensation Information.

13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

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14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;

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(c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications;and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

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20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

NONPROFIT SECURITY GRANT PROGRAM (NSGP) –

PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS

21. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collectPII are required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.

24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

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25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

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30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through nonfederal sources.

31. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.

No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

32. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

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35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

37. Performance Goals
In addition to the Biannual Strategy Implementation Report (BSIR) submission requirements outlined in the Preparedness Grants Manual, subrecipients must demonstrate how the grant-funded project addressed the core capability associated with this project. The capability gap reduction must be addressed in the Project Description of the BSIR for each project.

38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

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IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2021, Version 11.4, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Subrecipient:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:

City of La Mesa
Greg Humora
City Manager

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REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: March 28, 2023
SUBJECT: RESOLUTION AUTHORIZING EXECUTION OF A LEASE

AGREEMENT BETWEEN THE CITY OF LA MESA AND THE

FOOTHILLS ART ASSOCIATION FOR USE OF THE
BUILDING KNOWN AS PORTER HALL AT 4910 MEMORIAL
DRIVE
ISSUING DEPARTMENT: Community Services
SUMMARY:

Issue:

Should City Council adopt a resolution authorizing execution of a Lease Agreement between the City of La Mesa and the Foothills Art Association for use of the building known as Porter Hall at 4910 Memorial Drive?
Recommendation:

That City Council adopt a resolution authorizing execution of a Lease Agreement between the City of La Mesa and the Foothills Art Association for use of the building known as Porter Hall at 4910 Memorial Drive.

Fiscal Impact:

Lessee will pay the City monthly rent of $276.43 for use of the building. Rent payments will escalate over the term of the Lease to keep pace with Consumer Price Index All Urban Consumer adjustments.

City’s Strategic Goals:
 Continue to improve high quality municipal services
 Enhanced recreation and quality of life opportunities

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Report to Mayor and Councilmembers
Date: March 28, 2023
Page: 2 of 2
BACKGROUND:

A Lease Agreement between the City of La Mesa and the Foothills Art Association for the use of Porter Hall as an art gallery was executed on May 2, 2007, with the initial term of five-years with an option for a three-year extension through May 1, 2015.

A subsequent Lease Agreement was executed on May 4, 2015, with similar terms of five-years with an option for a three-year extension through May 1, 2023.

DISCUSSION:

The Foothills Art Association remains in compliance with all of the terms of the existing Agreement.

The Foothills Art Association, desires to execute a new Lease Agreement for use of Porter Hall as an art gallery for a five-year period with a five-year option to extend, to begin upon expiration of the current Lease Agreement on May 1, 2023. The terms of the lease are similar to the existing one with the starting rent at $276.43 per month.

CONCLUSION:

Staff recommends City Council adopt a resolution authorizing execution of a Lease Agreement between the City of La Mesa and the Foothills Art Association for use of the building known as Porter Hall at 4910 Memorial Drive, for the period beginning May 2, 2023.

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Sue Richardson
City Manager Director of Community Services
Attachments:

A. Lease Agreement
B. Resolution

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1 RECORDING REQUESTED BY:

La Mesa City Clerk
Fee exempt per
Government Code Section 6103
WHEN RECORDED RETURN TO:

Megan Wiegelman, CMC, City Clerk
City of La Mesa
P.O. Box 937
La Mesa, CA 91944-0937
This Space for Recorder's Use Only

LEASE AGREEMENT
Between the City of La Mesa and
Foothills Art Association for Premises Located at 4910 Memorial Drive This Lease Agreement, hereinafter referred to as the “Lease Agreement” is made this date of _____________________, and is entered into by the CITY OF LA MESA, a municipal corporation (“City”) and Foothills Art Association, a nonprofit corporation (“Lessee”), and together sometimes collectively referred to as (“Parties”).

RECITALS:

A. City is the owner of that real property situated in MacArthur Park, more particularly known as Porter Hall, 4910 Memorial Drive, a portion of lot 74 of La Mesa Colony in the City of La Mesa, County of San Diego, State of California, according to map thereof No. 346, filed in the office of the County Recorder of San Diego on March 8, 1887, hereinafter referred to as (the “Premises”).

B. Lessee desires to lease the Premises from City, and City desires to lease the Premises to Lessee for the purpose of operating and maintaining an art gallery to include display, demonstration, and instructional space, subject to the terms and conditions as set forth in this Lease Agreement.

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2 C. References in this Lease Agreement to “City Manager” mean the City Manager of the City of La Mesa or their authorized representative.

1. TERM:

The term of this Lease Agreement shall be for five (5) years commencing on May 2, 2023 and ending on May 1, 2028 unless sooner terminated.
a) Option to Extend Term. Operator shall have the option to extend the term of this Agreement (“Extension Option”) for an additional 5-year period conditioned upon compliance with all terms of this Agreement. If the Extension Option is exercised, the total term of this Agreement shall be for a period of 10 years. To exercise the Extension Option, Lessee must do the following:
(1) Provide written notice to City that Lessee elects to exercise the Extension Option not less than ninety (90) days prior to the expiration of the term, and
(2) Must remain in compliance with each and every condition, term or obligation contained in this Agreement at the time the written notice is received by City. Promptly following the exercise of the Extension Option, City and Lessee shall amend this Agreement and the Memorandum to reflect the extension of the term. Except for the length of the term, all terms and provisions of this Agreement shall continue in full force and effect.
b) Early Termination. At any time during the term or extended term of this Agreement either party shall have the right to terminate this Agreement for

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3 convenience upon not less than ninety (90) days prior written notice to the other party of the election to terminate.

2. RENT
Lessee shall pay City a monthly rent that shall escalate over the term of the Lease to keep pace with Consumer Price Index All Urban Consumers (CPI) adjustments. Monthly rent shall begin at Two Hundred Seventy-Six Dollars and Forty-Three Cents ($276.43) per month which shall take effect upon execution of this Agreement and be due on the first day of each month. CPI adjustments shall take effect on July 1 of each year of the Lease Agreement.

3. USE AND FEES:

The Premises shall be used only for the operation and maintenance of an art gallery to include display, demonstration, and instructional space, and such other uses which are related to the operation of the Premises and which City has approved in writing. The fees charged the public shall conform to the fees charged for like services in the area, variation in facilities and services first being considered. Lessee shall promptly pay all just bills and claims arising from the operation under this Lease Agreement and shall at all times maintain a satisfactory credit rating.

It is understood and agreed that failure to render a high level of service, encourage participation, and employ sound methods of prompting participation, or failure to use the Premises for the purpose for which they are demised, shall constitute grounds for immediate termination of this Lease Agreement upon notice by City.

Representations and Warranties. City represents and warrants to Lessee that each of the following statements is true and correct and not subject to qualification. a) Title. The City holds fee title to the Premises and to the best of City’s knowledge,

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4 title is not subject to any exceptions, liens, encumbrances, restrictions, third party rights or other matters.
b) Governmental Violations. To the best of City’s knowledge, the Premises are not in violation of any law, ordinance, decree or governmental regulation. c) Litigation. To the best of City’s knowledge, the Premises are not subject to any existing or threatened litigation.
d) Environmental. To the best of City’s knowledge, (1) the Premises do not contain any toxic or hazardous materials in excess of legally permissible levels, (2) the Premises are not and have never been the subject of any governmentally ordered or mandated removal or cleanup of contaminated soils, (3) the ground water beneath the Premises is not subject to any contamination, and (4) no underground storage tanks have ever been placed on or beneath the Premises. e) Governmental Action. To the best of City’s knowledge, with respect to the Premises, there are no existing or threatened governmental proceedings in eminent domain, for rezoning, to widen or realign streets, or to impose any assessment districts.
f) Other Lease Agreements. With respect to the Premises, there are no leases, subleases, licenses, occupancies or Lease Agreements (other than this Lease Agreement) that affect the Premises and which are not identified in this Lease Agreement.
g) Encroachments. To the best of City’s knowledge, there are no improvements on the Premises which encroach on any adjoining Premises and no improvements on any adjoining Premises, which encroach on the Premises.

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5 h) Historical Designation. The Premises is designated as Landmark on the City’s Historic Resources Inventory and as such, any exterior alterations other than repair or replacement are subject to specific review of the Historic Preservation Commission.
i) Authority. City has full authority, without necessity of any further acts or approvals, to enter into this Lease Agreement and to perform its obligations hereunder.

4. SUPERVISON AND SAFETY:

The Premises shall be supervised during all hours of operation by Lessee. Lessee shall establish rules and procedures to promote the safety of all participants and visitors on the Premises. Such rules and procedures shall include but not be limited to the following:
a) Rules and procedures for proper operation of equipment and machinery utilized by program participants, volunteers, or staff. b) Lessee shall develop, post, and require participants to abide by facility rules and code of conduct.
c) Lessee shall prohibit nudity in all works of art displayed on City’s premises.
d) Lessee shall maintain a record of all known or reported injuries incurred by participants in the Premises. Lessee shall furnish this record, along with copies of any incident reports, to City upon City request.

5. SCHEDULE OF OPERATIONS:

Lessee shall operate the Premises as an art gallery facility during a regular schedule, to be

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6 mutually established between Lessee and City based on program participation, and which schedule shall be consistent with good management of the Premises and during the remaining term of this Lease Agreement. Changes to the above-required regular schedule of hours of operation shall be mutually agreed between Lessee and City prior to such schedule’s implementation. Lessee shall have the right to close its operation of the Premises for limited periods during the term for alteration, remodeling, or repairs, provided it has first received the written approval of City Manager or his/her designee for such closing, or during periods when weather conditions or matters beyond Lessee’s reasonable control make use of the Premises as above contemplated impractical.

6. UTILITIES:

Lessee agrees to pay all charges for water, gas, electricity, and all other similar charges, which may accrue with respect to the Premises during the term of this Lease Agreement. City shall maintain the utility billings, except for telephone service, in its name and make payments when due. City shall collect utility usage of the Community Services marquee that shares an electric meter with the Premises and the monthly percentage of that use shall be deducted from the monthly utility total. Upon payment of utility bill, City shall submit an invoice for payment to Lessee for reimbursement of Lessee’s responsible share of utilities to City. Lessee shall have thirty (30) calendar days to deliver payment to City.

Lessee shall have all telephone services related to the operations placed in their name and shall make payments when due.

7. REPAIRS AND MAINTENANCE:

Lessee agrees that it is Lessee’s sole responsibility to repair and maintain the interior of the Premises and appurtenances in a manner according to industry standards, including but not

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7 limited to changing light bulbs, unclogging toilets and drains, painting interior walls, and cleaning and replacement of floor coverings.

Lessee shall be responsible for maintaining a state of cleanliness in the restrooms that is satisfactory to City. A City representative will conduct quarterly inspections of the Premises during the last week of each calendar quarter in March, June, September, and December to ensure compliance.

Lessee shall maintain the Premises in a manner consistent with other public art gallery facilities in the San Diego County area. Lessee shall not commit nor suffer to be committed any waste to the Premises and shall keep the Premises interior free from rodents, roaches and other pests which may damage the Premises and various improvements located upon the Premises.

Lessee must obtain all required permits for appropriate handling of chemical applications to the interior of the Premises. Exterior chemical applications will be arranged through and paid for by City as part of routine park maintenance operations.

City shall be responsible for maintenance and repair of all major building systems, at City’s expense excepting repairs for damage caused by Lessee or its clients. For purposes of this paragraph, the term “major building systems” shall mean: heating, ventilating and air conditioning systems, as well as repairs to exterior walls, roof, rain gutters, and windows.

Lessee shall maintain the building key and lock system. Lessee shall grant access to City for performance of inspections, maintenance, or repairs as set forth in this Agreement.

Lessee shall cause the removal of graffiti for the interior of the Premises within a twentyfour-hour period after its application. Lessee shall restore all graffitied surfaces to their original condition.

City shall be responsible for maintaining the exterior of the building, landscaping,

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8 parking areas, park fixtures, walkways, and fencing to include removal of exterior graffiti from the Premises at City’s expense.

8. FIXTURES AND IMPROVEMENTS:

All improvements to Premises are and shall remain the property of City. Lessee agrees to provide all appropriate interior furnishings and building fixtures necessary for administration and operation of the Premises.

Lessee agrees that all improvements and fixtures added following the execution of this Lease Agreement, other than trade fixtures, shall become the property of City upon being affixed to the Premises and upon termination of this Lease Agreement. Upon termination of this Lease Agreement, if Lessee is not in default of the Lease Agreement, Lessee may remove trade fixtures installed by Lessee at Lessee’s sole expense, provided such removal can be accomplished without damaging the appurtenances or the building and other improvements.

City agrees that Lessee may, during the term of this Lease Agreement, alter or repair or further improve the interior facilities provided the construction specifications therefore shall be presented and approved by the City Manager in writing before the work is commenced. Design plans for any improvements to the facility proposed by Lessee subsequent to execution of this Lease Agreement must be prepared by a licensed architect or landscape architect, or a certified interior designer, whichever is appropriate to the proposed improvements. Lessee shall submit prepared plans for written approval of City Manager or their designee prior to beginning any improvements. Lessee shall secure all required permits for plan review and improvements prior to beginning improvements.

Lessee agrees that no alterations may be made to the exterior of the building without express written permission of the City Manager or their designee. Such exterior alterations shall

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9 be subject to additional review and approval of the City’s Historic Preservation Commission based on the Premises’ designation as a Landmark on the City’s Historic Resources Inventory.

Lessee shall submit written plans for any proposed alteration and allow a minimum of 90 days for City review of each proposal. All plans for alternations to the exterior of the building must be prepared by a licensed architect, or other licensed or certified professional, which ever is appropriate to the proposed improvements or alterations.

City shall furnish to Lessee upon Lessee’s request engineering data currently available in the City Engineer’s office as to location of City underground structures and facilities. Lessee agrees to repair or replace at Lessee’s expense any underground structure or facility damaged or destroyed by Lessee during the term of this Lease Agreement.

9. SIGNS:

City agrees that Lessee may erect and maintain at no expense to City signs that identify the operations proposed herein, upon the Premises and/or upon other City Premises. All signs shall be in accordance with City ordinances and Lessee shall submit design plans for proposed signage and obtain appropriate permits prior to installation. Lessee is responsible for graffiti removal on any Lessee provided signs on the outside of the Premises within a twenty-four-hour period after its application. Lessee shall restore all graffitied signs to their original condition.

10. PARKING:

It is understood by the parties hereto that adjacent to the premises there presently exists a parking lot, which is operated and maintained by City primarily for the convenience of patrons of City recreation facilities. City shall maintain the adjacent parking lot as a parking area and Lessee hereby agrees that, although said parking area is not a part of the Premises, Lessee and Lessee’s

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10 patrons may utilize said parking area at the discretion of City. It is further agreed by Lessee and City that no part of said parking area shall be marked, designated, or otherwise identified as being for the use of either the City’s recreational facility patrons or Lessee’s patrons.

11. TAXES:

Upon execution of this Lease Agreement, Lessee agrees to pay before delinquency all taxes and assessments levied by any governmental agency having jurisdiction to so tax and/or assess, upon the Premises by reason of its leasehold interest and/or personal Premises maintained by it upon the Premises.

12. WAIVER OR CHANGE OF LEASE AGREEMENT:

Any waiver by City of any breach of any one or more of the terms, covenants, or conditions of this Lease Agreement shall not be deemed a waiver of any subsequent breach of the same or any other term, covenant or condition of this Lease Agreement, nor shall the failure of City to require or exact full and complete compliance with any of the terms, covenants or conditions of this Lease Agreement, be construed as changing the terms hereof, or stop City from enforcing the full provisions hereof. Nor shall the term of this Lease Agreement be changed or altered in any way whatsoever, other than by written agreement between City and Lessee.

13. TERMINATION BY BANKRUPTCY:

Should Lessee be adjudicated bankrupt, or make any assignment for the benefit of creditors, or should the leasehold estate pass to any person, firm, association or corporation, by operation of law or otherwise, without the written consent of City, City reserves the right to immediately terminate this Lease Agreement upon written notice and to reenter and take possession of the Premises.

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11 14. INDEMNIFICATION AND HOLD HARMLESS:

To the furthest extent allowed by law, LESSEE shall indemnify, hold harmless and defend CITY and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage, including damage by fire or other casualty) incurred by City, Lessee or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of Lessee’s: (i) occupancy, maintenance, construction activity, and/or use of the Premises; or (ii) performance of, or failure to perform, this Lease, whether such occupancy, maintenance, construction activity, or use of the premises be by Lessee or any sub-Lessee, or by any one or more persons directly or indirectly employed by, or acting as agent for, Lessee or any sub-Lessee or sub-Lessees. Lessee’s obligations under the preceding sentence shall apply to any negligence of City, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or by the willful misconduct, of City or its officers, officials, employees, agents or volunteers.

Lessee’s occupancy, maintenance, construction activity, and use of the Premises shall be at Lessee’s sole risk and expense. Lessee accepts all risk relating to Lessee’s: (i) occupancy, maintenance, construction activity, and/or use of the Premises; and (ii) the performance of, or failure to perform, this Lease. City shall not be liable to Lessee or Lessee’s insurer(s) for, and Lessee and its insurer(s) hereby waives and releases City from, any and all loss, liability, fines, penalties, forfeitures, costs or damages resulting from or attributable to an occurrence on or about the Premises in any way related to the Lessee’s operations and activities. Lessee shall

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12 immediately notify City of any occurrence on the Premises resulting in injury or death to any person or damage to property of any person.

The section shall survive termination or expiration of this Agreement.

15. INSURANCE REQUIREMENTS:

Lessee shall procure and maintain for the duration of the Lease Agreement insurance against claims for injuries to persons or damages to Premises which may arise from or in connection with the Lessee’s operation and use of the leased premises. The cost of such insurance shall be borne by the Lessee. The insurance applies to the extent of, but not as a limitation to or in satisfaction of, the indemnity provisions.

A. MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. (This applies to lessees with employees).

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13 3. Property insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision. If the Lessee maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Lessee.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

C. OTHER INSURANCE PROVISIONS: The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Lessee’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers.

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14 Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Lessee’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

Umbrella or Excess Policy
The Lessee may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

Legal Liability Coverage
The property insurance is to be endorsed to include Legal Liability Coverage (ISO Form CP 00 40 04 02 or equivalent) with a limit equal to the replacement cost of the leased property.

Notice of Cancellation

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15 Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.

Waiver of Subrogation
Lessee hereby grants to Entity a waiver of any right to subrogation which any insurer of said Lessee may acquire against the Entity by virtue of the payment of any loss under such insurance. Lessee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Lessee to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 [fill in the amount for your comfort level for the specific Lessee and job – it could be much higher, or in the case of a very small Lessee, you might want it lower] unless approved in writing by Entity. Any and all deductibles and SIRs shall be the sole responsibility of Lessee who procured such insurance and shall not apply to the Indemnified Additional Insured

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16 Parties. Entity may deduct from any amounts otherwise due Lessee to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. Entity reserves the right to obtain a copy of any policies and endorsements for verification.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.

Verification of Coverage
Lessee shall furnish the Entity with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the Entity before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Lessee’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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17 Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

D. SUBCONTRACTORS: Lessee shall include all contractors and their subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

E. CONTINUOUS COVERAGE: Lessee agrees that if Lessee does not keep such insurance in full force and effect, City may take out the necessary insurance and pay the premium, and Lessee shall repay City immediately upon demand.

Nothing herein serves to relieve Lessee from obtaining and maintaining coverages as required by this Section.

16. PREMISES INSURANCE:

City agrees to insure or self-insure City owned building to be used as an art gallery facility in coverages and limitations acceptable to City and for the sole benefit of the City during the life of the Agreement. The cost of the property insurance shall be passed on to the Lessee as part of the monthly rent. Lessee may choose to insure or self-insure its property contained within the City owned building, however, the City shall in no way be responsible for any loss or damage to Operator’s property regardless of the cause thereof.

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18 Should said building be so badly damaged from any cause whatsoever so as to render said building wholly unfit for use and occupancy by Lessee, but the cause of said damage shall be covered and insured against by insurance, then in that event:
a) If said building can be repaired or restored to the same general condition in which it existed at the time of the happening of the event causing said damage for the amount of the net proceeds of said insurance, then and in that event, Lessee shall with reasonable diligence (after receipt by Lessee of the net proceeds of said proceeds of such insurance) then and in that event:
b) Lessee may, but nothing herein contained shall be deemed to impose any obligation or liability on Lessee so to do, nevertheless cause said building to be repaired and restored to the same general condition in which it existed at the time of the happening of the event causing said damage, in which event this Lease Agreement shall remain in full force and effect during the period of repair and restoration. In that event, Lessee shall, with reasonable diligence (after receipt of the net proceeds of said insurance), cause said building to be repaired and restored to the same general condition in which it existed at the time of the happening of the aforesaid event. c) In the event that Lessee shall not elect to cause said building to be repaired or restored, Lessee shall give written notice thereof unto City; said notice shall set forth the amount of the insurance proceeds, if any, received, the bonafide opinion of Lessee as to the approximate cost of repair or restoration of said Premises, and his opinion as to the period of time required therefore.

City shall have thirty (30) days after receipt of said notice within which to elect to pay the difference between said insurance net proceeds and the cost of the repairing or restoring of said building. If City shall elect so to do, it shall, within said period of time, serve written notice upon Lessee, and this Lease Agreement shall remain in full force and effect, and Lessee shall with reasonable diligence commence the repair and restoration of said building, and City shall,

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19 upon demand of Lessee, pay Lessee that portion of the cost thereof in excess of the aforesaid net proceeds of said insurance; said sum to be paid by City unto Lessee concurrently with the incurring by Lessee of any obligation or liability therefore. In the event, however, that City shall not elect to pay the excess cost (in excess of the insurance proceeds) for the repair or restoration of said building, then and in that event, upon the expiration of the said period within which City shall have right to elect so to do, Lessee shall at its option either surrender said net insurance proceeds to City, and in consideration therefore Lessee shall be under no duty to repair or restore said building, or Lessee shall apply said net insurance proceeds to the construction of a new building or buildings, said buildings to approximate the style, size and purpose of the destroyed building insofar as is practicable within the cost limitations as determined by the amount of the net insurance proceeds.

17. TIME OF THE ESSENCE:

Time is of the essence of each and all of the terms and conditions of this Lease Agreement.

18. ENTRY AND INSPECTION:

City reserves, and shall always have the right to enter said Premises for the purpose of viewing and ascertaining the condition of the same, or to protect its interests in the Premises or to inspect the operations conducted on said Premises. In the event that such entry or inspection by City discloses that said Premises are not in a safe, healthy and satisfactory condition, City shall have the right, after ten (10) days upon written notice to Lessee, to have any necessary maintenance work done for and at the expense of Lessee, and Lessee hereby agrees to pay

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20 promptly any and all costs incurred by City in having such necessary maintenance work done in order to keep said premises in a safe and healthy condition. The said 10-day period to cure may be extended only upon the express written consent of City Manager or their designee, which shall not be unreasonably withheld. The rights reserved in this and the following section shall not create any obligations on City or increase obligations elsewhere in this Lease Agreement imposed on City. City’s exercise of the foregoing rights shall be conducted in a manner, which does not interfere with Lessee’s operations on the Premises. City shall indemnify, defend and hold Lessee harmless from and against any damage, injury or claim caused by City in exercising the foregoing rights.

19. RESERVATION FOR CITY USE:

City hereby reserves all rights, title and interest in any and all gas, oil minerals and water, upon or beneath the Premises. City shall have the right to enter said Premises for the purpose of making repairs to or developing the municipal services of City and City shall coordinate such repairs or development with Lessee to minimize impact on the Premises. City hereby reserves the right to grant and use such easements or establish and use such rights-of-way over, under, along and across said Premises for utilities, as it may deem advisable for the public good.

20. ASSIGNMENT:

Lessee shall not assign this Lease Agreement, or any interest therein, and shall not sublet the Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person (the agents, officers and employees of City excepted) to occupy or use the Premises, except as consistent with the purpose of this Lease Agreement, without the prior express written consent of City Manager. A consent to one assignment, subletting, occupation or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting,

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21 occupation or use by another person. Any such assignment or subletting without such consent shall be void. This Lease Agreement shall not, nor shall any interest therein, be assignable, as to the interest of Lessee, by operation of law, without the express written consent of City Manager.

21. COMPLIANCE WITH LAW
Lessee shall, at its sole cost and expense, comply and secure compliance with all the requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the said Premises, or the operation conducted thereon, and shall faithfully observe, and secure observance with, in the use of the Premises, all municipal ordinances and state and federal statutes now in force or which may hereafter be in force, and shall pay before delinquency all taxes, assessments, and fees assessed or levied upon Lessee or the Premises by reason of any buildings, structures, machines, appliances or other improvements of any nature whatsoever, erected, installed or maintained by Lessee or by reason of the business or other activities of Lessee upon or in connection with the said Premises. The judgment of any court of competent jurisdiction, or the admission of Lessee or any sub-Lessee or permittee in any action or proceeding against them or any of them, whether City be a party thereto or not, that Lessee, sub-Lessee or permittee has violated any such ordinance or statute in the use of the premises shall be conclusive of that fact as between City and Lessee. Lessee shall not be obligated to correct or cure any violation related to the improvements on the premises existing at the commencement of the term under this Lease Agreement.

Lessee must maintain a current City business license during the term or extended term of this Lease Agreement.

22. EQUAL OPPORTUNITY
Lessee shall not discriminate against any employee, person or applicant for employment

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22 or membership because of race, age, sexual orientation, marital status, color, religion, sex, handicap or national origin. Lessee shall take affirmative action to ensure that employees and members are treated without regard to their race, age, sexual orientation, marital status, color, religion, sex, handicap or national origin. Such action shall include, without limitation the following: continued employment or membership, upgrading, demotion or transfer and recruitment. Lessee agrees to post in a conspicuous place accessible to employees, applicants for employment, and members notices setting forth the contents of this section.

23. FORFEITURE AND REMEDIES:

Should Lessee fail to faithfully perform or observe any covenant, condition or Lease Agreement herein contained on the part of Lessee to be performed, and should such default continue for a period of thirty (30) days after written notice thereof, or should the Premises be vacated or abandoned, then City, may at its option either (1) enter upon and repossess the Premises and terminate this Lease Agreement immediately and all rights of Lessee herein in and to the Premises; or (2) reenter the Premises and, as agent of Lessee, rent the same or any part thereof for the remainder of the unexpired term, applying such rentals first to the payment of such costs as City may have accrued in reentering, repossessing and reletting the Premises, including costs and attorney’s fees, and the balance of the payment of the rent and the fulfillment of each of the covenants, conditions and Lease Agreements herein contained. Lessee agrees that such action on the part of City shall not release Lessee from any liability which would otherwise attach or accrue under the provisions of this Lease Agreement or for any losses, damage or liability which City may suffer during the remainder of the term of this Lease Agreement by reason of such breach, and the failure of Lessee to thereafter perform the covenants and conditions hereof, whether the Premises remain vacant or be rented. In the event of any such breach of this Lease

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23 Agreement, City may pursue either of the foregoing remedies or pursue or seek any other remedy or enforce any right to which City may by law be entitled. The said 30-day period to cure may be extended only upon the express written consent of City Manager or their designee, which shall not be unreasonably withheld.

24. BENEFITS INURE TO SUCCESSORS:

Except as otherwise expressly provided, all Lease Agreements and provisions herein contained are binding upon and shall extend to and inure to the benefit of the heirs, legal representatives, successors and assigns of the parties hereto.

25. HOLDING OVER:

Any holding over after the expiration of said term for any cause shall be construed to be a month-to-month tenancy upon the same terms and conditions which have been in effect during the term and shall otherwise be upon the terms and conditions herein specified insofar as they are applicable. Such holding over shall include any time employed by Lessee in removing its fixtures.

26. CONDEMNATION:

In the event any portion of the Premises is taken through eminent domain, or a sale in lieu thereof, Lessee shall be compensated from the proceeds of the same only to the extent the improvements installed by Lessee pursuant to this Lease Agreement has increased the value of the Premises. Said increased value of improvements shall be determined by a court of competent jurisdiction or in the event of a sale an appraiser mutually agreed upon by City and Lessee of which the cost shall be equally borne by the parties.

27. CONTAINS ALL AGREEMENTS:

This Lease Agreement contains a complete expression of Lease Agreement between the

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24 parties hereto, and there are no premises, representations, agreements or warranties or inducements except such as are made herein and fully set forth. No alterations of any of its terms, covenants or conditions shall be binding unless reduced to writing and signed by the parties hereto.

28. NOTICES AND OTHER COMMUNICATIONS:

Under or in connection with this Lease Agreement or any other Lease Agreement between the parties concerning the premises or the operations conducted thereon, notices and other communications may be served by depositing in the United States mail, postage prepaid, as follows:

1. City of La Mesa
Attention: City Manager
8130 Allison Avenue
La Mesa, CA 91941

2. Foothills Art Association
Attention: President
P. O. Box 794
La Mesa, CA 91944
The parties may change the foregoing addresses by written notice of the change to the other parties.

29. TERMINATION OF LEASE AGREEMENT FOR CAUSE:

Either party may terminate this Lease Agreement immediately, upon tendering written notice to the breaching party, for breach of any term or covenant of this after compliance with the notice and opportunity to cure provisions contained herein.

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25 30. TIMELY APPROVAL:

No approval required hereby shall be unreasonably withheld or delayed.

IN WITNESS WHEREOF, City has executed the foregoing Lease Agreement; acting by and through the Mayor of said City, under and pursuant to Resolution No. ___________ authorizing such execution and Lessee has executed the Lease Agreement this ___ day of ____________, 2023.

LEASEE,
Foothills Art Association
Date: ____________________ By_____________________________

CITY OF LA MESA,
A Municipal Corporation
Date: ____________________ By_____________________________ Mark Arapostathis, Mayor
ATTEST:

Date: ____________________ By_____________________________ Megan Wiegelman, City Clerk
APPROVED AS TO FORM:

Date: ____________________ By _____________________________ Glenn Sabine, City Attorney

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26 IS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR

RECORDING INFORMATION

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RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA

AUTHORIZING EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY

OF LA MESA AND THE FOOTHILLS ART ASSOCIATION FOR USE OF THE BUILDING KNOWN AS PORTER HALL AT 4910 MEMORIAL DRIVE
WHEREAS, the Foothills Art Association has operated an art gallery under a Lease Agreement with the City of La Mesa at Porter Hall, 4910 Memorial Drive since 2005; WHEREAS, the City of La Mesa recognizes the value of the services provided by the Foothills Art Association to the community; and
WHEREAS, the City wishes to enter into a new Lease Agreement with the Foothills Art Association for the use of Porter Hall.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the Mayor should be hereby authorized and directed to execute for and on behalf of said City that certain Lease Agreement between the City of La Mesa and the Foothills Art Association for use of the building known as Porter Hall at 4910 Memorial Drive.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 28th day of March 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

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REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: March 28, 2023
SUBJECT: CONSIDERATION AND POSSIBLE DIRECTION
REGARDING: A) RESOLUTION ADOPTING A POLICY FOR
PUBLIC ARTS; B) FEE STRUCTURE TO FUND PUBLIC
ART; AND C) AUTHORIZATION OF MURALS ON PRIVATE

PROPERTY
ISSUING DEPARTMENT: Community Services
SUMMARY:

Issues:

1. Should the City Council approve a resolution adopting the attached draft Policy for Public Arts?

2. Should the City Council direct staff to recommend a fee structure to fund public art as referenced in the draft Policy for Public Arts (Section IV.1.A) for future consideration?

3. Should City Council provide direction regarding the authorization of murals on private property?
Recommendation:

Staff recommends that City Council do the following:

1. Approve a resolution adopting the draft Policy for Public Arts;

2. Provide direction to staff to recommend a fee structure to fund public art as referenced in the attached draft Policy for Public Arts (Section IV.1.A) for future consideration; and

3. Provide direction regarding the authorization of murals on private property.

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Report to Mayor and Councilmembers
Date: March 28, 2023
Page: 2 of 4
Fiscal Impact:

There is no fiscal impact associated with this item with the exception of an undetermined amount of revenue for future arts projects.

City’s Strategic Goals:
 Continue to improve high quality municipal services
 Revitalize neighborhoods and corridors
 Enhanced recreation and quality of life opportunities BACKGROUND AND DISCUSSION:

1. Policy for Public Art
On July 27, 2021, the City Council directed staff to draft a recommendation for the possible creation of an Arts and Culture Commission (“Commission”). An Ad-Hoc City Council Subcommittee discussed and prepared a draft ordinance establishing the duties and functions of the Commission. On September 28, 2021, the City Council adopted Ordinance 2021-2888 adding Chapter 2.87 to the La Mesa Municipal Code establishing the Commission.

The mission of the Commission is to promote the arts, along with historical, aesthetic, and cultural aspects of the community by using the arts as a mechanism to promote diversity, equity, and inclusion.

On May 10, 2022, the Commission presented its FY2022 Work Plan with the recommendation from City Council that the Commission’s first goal was to draft a policy for public arts.

DISCUSSION:

The City of La Mesa acknowledges that all cultures are vital to the arts and the promotion of a culturally diverse world. Therefore, we support the development, expression, and preservation of the arts and of culture of all communities, groups, and individuals.

Arts, culture, and creativity are among a community’s most powerful assets. They distinguish communities and allow residents to better understand and celebrate the uniqueness of their lives. Arts, culture, and creativity strengthen many elements of civic life, including the economy, workforce development, education, youth development, neighborhood development, redevelopment, sustainability, and cultural equity.

Embracing public culture, arts, and artists as vital to the creation of unique public places that

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Report to Mayor and Councilmembers
Date: March 28, 2023
Page: 3 of 4
provide physical, social, cultural, and economic benefits, the City of La Mesa is setting a community standard for a proactive, thoughtful, and responsible approach to urban planning.

The purpose of public art in La Mesa is to:
 Create more visually pleasing public spaces
 Reflect the rich history and culture of La Mesa to define its past and imagine its future
 Increase public access to and enjoyment of the arts
 Enhance neighborhood identity
 Invite community participation and interaction with public spaces  Encourage economic development
 Support the local arts community
Over the past year the Commission researched best practices to craft the draft policy. The draft Policy for Public Arts provides guidelines for the display of art in public spaces including appropriate forms of public art; funding sources; and guidelines for the display of the art in public spaces (permanent and temporary).

2. Fee Structure – New Development
In order to fund public art, many communities impose a Public Art Development Impact Fee. Such a fee is intended to obligate new development to pay its fair share to assist the City in defraying costs associated with the public art programs. Based on review of other jurisdiction’s public arts policies, the Commission is recommending that a Public Art Development Impact Fee be created to be funded based on new building permit valuation.

If the City Council would like to include the Public Art Development Impact Fee, then staff will return at future Council meeting with a proposed fee structure.

3. Murals – Art on Private Property
A mural is generally defined as a very large pictorial representation painted on or otherwise attached to a wall or similar structure. Presently, Title 15 of the La Mesa Municipal Code, entitled “Signs” (Title 15), prohibits murals on private property. For constitutional reasons, with limited exception (e.g., directional signs, going out of business signs, or advertising defunct businesses), cities may not regulate the content or message contained in a sign.

The legal concept is known as “message neutrality” and is expressly referenced and utilized universally in Title 15. Instead, Title 15 regulates the “reasonable time, place and manner” in which signs may be placed or erected (e.g., safe load bearing structures, consistent placement within the zone, or display dimensions). In the event the Council elects to authorize murals, the same concepts of “message neutrality” and “reasonable

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Report to Mayor and Councilmembers
Date: March 28, 2023
Page: 4 of 4
time, place and manner” regulations would apply, and City be would extremely limited (e.g., state and federal laws restricting obscenity) or would have no authority to regulate the message or content of the murals.

If the City Council would like to modify Title 15 of the Municipal Code to allow murals on private property, then staff will return at a future Council meeting with proposed changes in the form of an Ordinance.

CONCLUSION:

Staff recommends that City Council do the following:

1. Approve the attached resolution adopting the draft Policy for Public Arts;

2. Provide direction to staff to recommend a fee structure to fund public arts as referenced in the draft Policy for Public Arts (Section IV.1.A) for future consideration; and

3. Provide direction regarding the authorization of murals on private property.

Reviewed by: Respectfully submitted by:
___________________ ___________________________
Greg Humora Susan Richardson
City Manager Director of Community Services
Attachments: A. Resolution
B. Draft Policy for Public Arts

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RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA ADOPTING

THE POLICY FOR PUBLIC ARTS
__________________________________________________________________ WHEREAS, the City’s strategic goals include continuing to improve high quality of municipal services, revitalizing neighborhoods and corridors, and enhancing recreation and quality of life opportunities;
WHEREAS, the City of La Mesa established the Arts and Culture Commission in 2021 to promote the arts, along with historical, aesthetic, and cultural aspects of the community by using the arts as a mechanism to promote diversity, equity, and inclusion; WHEREAS, in accordance with the Commission’s work plan, a proposed Policy for Public Arts was drafted; and
WHEREAS, the Policy for Public Arts provides guidelines for the display of arts in public spaces including appropriate forms of public arts; funding sources; guidelines for the display of the arts in public spaces;
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the City Council of the City of La Mesa approves a resolution adopting the Policy for Public Arts.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 28th day of March 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

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1 POLICY FOR PUBLIC ARTS
Public arts have the power, over time, to transform the image of La Mesa. We envision a city with successful and engaging public spaces, where citizens and visitors alike will encounter public arts that will surprise and delight them. We envision a city with arts that celebrate the extraordinary diversity and history of our community, while pointing to the City’s aspirations for the future. We envision a city where a record of our local and regional artists is permanently marked in the public landscape. We envision a city where public arts define our community identity.

Arts, culture, and creativity are among a community’s most powerful assets. They distinguish communities and allow residents to better understand and celebrate the uniqueness of their lives.

Arts, culture, and creativity strengthen many elements of civic life, including the economy, workforce development, education, youth development, neighborhood development, redevelopment, sustainability, and cultural equity.

By embracing public culture, arts, and artists as vital to the creation of unique public places that provide physical, social, cultural, and economic benefits, the City of La Mesa is setting a community standard for a proactive, thoughtful, and responsible approach to urban planning.

By committing to a diversity of artists and public arts works of quality and excellence as integral to the success of its comprehensive planning effort, the City assumes a leadership role as a forward-looking, progressive community, dedicated to defining a unique sense of place.

The City of La Mesa acknowledges that all cultures are vital to the arts and the promotion of a culturally democratic world. Therefore, we support the development, expression, and preservation of the arts and of culture of all communities, groups, and individuals.

I. PURPOSE OF PUBLIC ARTS
A. To create more visually pleasing public spaces
B. To reflect the rich history and culture of La Mesa, to define its past, and imagine its future
C. To increase public access to and enjoyment of the arts D. To enhance neighborhood identity
E. To invite community participation and interaction with public spaces

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2 F. To encourage economic development
G. To support the local arts community
II. DEFINITIONS
ACCLM - Arts and Culture Commission of the City of La Mesa ARTS - Momentary, temporary or permanent works in mediums such as dance, digital, environmental, interactive, music (vocal and instrumental), street, theater, visual, written, and other genres.

Artplace is a space designed by an artist, working alone or in collaboration with other professionals, to create a place in which art is integrated into the overall design of the space.

Artwork is a tangible creation or artistic performance by an artist, working alone or in collaboration with others.

Permanent Exhibition means artwork or performance designed to be accessible for a period of time, more than one (1) year.

Public Arts shall be defined as an artwork and/or artplace created by an artist, artists, and/or a collaboration with professionals for the public to experience in a public place.

Temporary Exhibition means artwork or performance designed to be accessible for only a short period of time, up to a period of one (1) year.

III. APPROPRIATE FORMS OF PUBLIC ARTS

1. The following list includes examples of acceptable forms of Public Visual Art projects as long as they do not contain any advertisements (as defined in LMMC Chap 15.10.020):

A. SCULPTURE - free standing, wall supported or suspended object that may be kinetic, electronic, or mechanical composed of any material or combination of materials.

B. MURALS or paintings permanently or temporarily affixed to a building or other approved surface, in any material or combination of materials, with or without collage or the addition of non-traditional materials.

C. EARTHWORKS, textile/fiber art, neon, glass, mosaics, prints or calligraphy in any combination of forms permanently affixed to a building or other approved surface.

D. STANDARDIZED FIXTURES, such as gates, grates, streetlights, street furniture, signage, fences, staircases, balconies, timepieces, flagpoles, and other design enhancements as are rendered by an artist for unique or limited editions.

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3 E. DECORATIVE, ORNAMENTAL OR FUNCTIONAL BUILDING ELEMENTS, such as archways, columns, pediments, peristyles, capitals, fanciful characters, cornices, gables, balustrades, friezes, porticoes or other architectural elements of a building designed by an artist.

F. DIRECTIONAL ELEMENTS such as supergraphics, text or color coding to the extent that these elements are integral parts of an original work of art.

G. EXTRAORDINARY LANDSCAPE architecture and landscape gardening when designed by an artist and integrated into the landscaping.

H. GRAPHIC ART typically two-dimensional and includes calligraphy, photography, drawing, painting, printmaking, lithography, typography, serigraphy (silk-screen printing), computer graphics, and bindery that is affixed to a building or structure.

I. DIGITAL ART such as art made using software, computers, or other electronic devices, anything produced or made on digital media, such as animations, photographs, illustrations, videos, digital paintings, and such that is affixed to or displayed on a building or structure.

2. The following list includes examples of acceptable forms of Public Performing Arts projects:

A. DANCE such as Ballet, Ballroom, Contemporary, Hip Hop, Jazz, Tap, Folk, Modern, Irish Dance that is performed in a public artplace.

B. MUSIC such as Classical, Jazz, Rhythm and Blues, Rock, Country, Soul, Dance/Electronic, Experimental, or other style that is performed in a public artplace.

C. PERFORMANCE ART including artwork or art exhibition created through actions executed by the artist or other participants that may be witnessed live or through documentation, spontaneously developed or written, and is traditionally presented to the public in a fine art context.

D. THEATER such as Musical Theater, Melodrama, Immersive Theater, Comedy, Autobiographical, Farce, Tragedy, Solo Theater, Literature Readings, Circus, Puppetry performed in a public artplace.

IV. FUNDING SOURCES

1. The following is a list of sources for funding La Mesa Public Arts programs:

A. PUBLIC ART DEVELOPMENT IMPACT FEE - A Percentage for the Arts Program based on building permit valuation dedicated to public art at a fee established by City Council Resolution.

B. PUBLICLY FUNDED PROJECTS FOR A PUBLICLY OWNED PROJECT - Arts completed or performed on a public project funded by public funds. These funds may

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4 be obtained through public and private grants, donations, general fund allocations. A portion of the project budget will be set aside in a maintenance account for future and ongoing maintenance requirements. Other funding sources for maintenance of artworks could come through sponsorships.

C. PUBLIC/PRIVATE PARTNERSHIPS - Arts completed or performed through a combination of private grants, fundraising, donations and matching City funds.

D. SALE OF ARTWORK IN THE CITY COLLECTION - The City will pay the artist or artist estate a percentage that was agreed upon by written and mutual agreement prior to original installation of the artwork on City property, and the remaining amount will be used for the fund. Sales must be approved by ACCLM after artwork has been appraised by an outside contractor.

V. GUIDELINES FOR DISPLAY OF ART IN PUBLIC SPACES (PERMANENT

EXHIBITIONS)

1. LOCATION
The ACCLM will work with the Community Development Department, Community Services Department, Public Works Department, and applicable Commission(s) such as the Planning Commission, Historic Preservation Commission, and Community Services Commission, to identify locations suitable for display of permanent art works in location(s) with major public access, so that the artwork or artplace is visually accessible from the street, accessible in large outdoor public spaces, or accessible in public areas receiving heavy foot traffic.

2. CRITERIA
A. The composition of a permanent artwork shall be of a permanent durable and weather resistant material that requires a low level of maintenance. Maintenance requirements shall be provided.

B. Visual artwork should be scaled in a size that is proportional to the development project and is an integral part of the landscaping or building design.

C. Priority consideration should be given to La Mesa-based community artists or arts organizations to highlight their members' work.

D. A wide range of materials, styles, genres, and types that reflect the good taste of the community shall be encouraged.

E. Projects that encourage awareness of diverse cultures are encouraged.

F. Projects that reflect the rich history and culture of the La Mesa community are encouraged.

G. Artwork will not portray themes that may be interpreted as derogatory as to race, religion, sexual orientation, natural origin, or physical or mental disability.

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5 H. All artworks, are subject to all La Mesa ordinances, and State and Federal laws.

3. SELECTION OF ARTWORKS
A. The ACCLM will recommend the artwork for a particular site be obtained through one of the following methods of selection. The ACCLM will recommend the best method of selection based on determining criteria such as the nature of the project, the site, the theme proposed, and such other factors.
a) Direct Selection - artists shall be invited by ACCLM to submit proposals or qualifications to an art selection committee. Invited artists who may have previously submitted proposals for other public arts competitions for the City, are well known public artists, or whose information is on file with the City. Staff will maintain an ongoing short list of public artists that are qualified to meet the City’s criteria of experience for public artists. These criteria may include but are not limited to type of media, prior experience with similar projects with similar budgets, and acceptable liability insurance.
b) Limited Competition - ACCLM will recommend a limited number of artists to an art selection committee in response to specific needs. The specific needs may include type of media, project theme, residence of artist, specifics on installation, fabrication or design, or other limitations as the ACCLM and City determines. c) Open Competition - ACCLM conducts a competitive process in which any artist may submit proposals or qualifications to an art selection committee.

B. Artworks will be selected/approved by an art selection panel generally composed of: Two members of ACCLM and two members selected at large from the community by ACCLM, and a member of the City project team. A larger art selection panel that may include representation from special committees or districts within the community for certain projects. The City staff liaison to ACCLM will provide assistance to the art selection panel.

The selection panel recommendation shall be presented to ACCLM whose recommendations will be forwarded to the City Council for approval.

C. Two major criteria will be used in the selection of artwork: artistic excellence and appropriateness for the site. Accessibility, durability, security, and maintenance requirements will also be taken into consideration. The artwork must be of sound construction and comply with all applicable La Mesa Municipal Code requirements.

D. Artists and/or designers will be given general guidelines or parameters for the desired artwork, and the artist will be paid to design a proposal that utilizes the fullest extent of their creativity to design artwork within the given parameters.

E. Once the artist is selected, they will enter into a Professional Services Agreement with the City for the project. Artists under contract with the City shall be paid, unless as an educational institution, in which case the City will arrange proper compensation in the Agreement with the educational institution.

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6 F. Unless otherwise noted in the Agreement, the artwork becomes property of the City of La Mesa. Terms for minimum length of display and maintenance will also be outlined.

G. In the case where the City facilitates the sale of a visual artwork already in the City’s permanent collection, the artist/arts organization will be given a percentage of the profits as outlined in the agreement. Artists will be given no less than 10%.

VI. GUIDELINES FOR DISPLAY OF ART IN PUBLIC SPACES (TEMPORARY

EXHIBITIONS)

1. LOCATION
ACCLM will work with the Community Services Department to identify suitable public locations for the temporary display of artworks.

2. APPLICATION PROCEDURE FOR ARTIST/ARTS ORGANIZATION INITIATED PROJECTS An artist or arts organization desiring to display their artwork or performance will be required to fill out an application. The application will include information about the artist or organization’s background, exhibition or performance record and a resume. The artist or arts organization will also submit documentation of their artwork or performance to be reviewed by the selection panel along with a nominal administrative application fee.

3. CRITERIA
A. Priority consideration should be given to La Mesa-based community artists and arts organizations to highlight their members' work.

B. A wide range of materials, styles, genres, and types of artworks and performances shall be encouraged.

C. For visual artworks: accessibility, durability, security, and maintenance requirements will also be taken into consideration. The artwork must be of sound construction and not made of toxic materials. Artwork should be delivered ready to display including being framed, wired, mounted, or otherwise prepared for public installation. Fragile, hazardous, or poorly prepared work will not be accepted.

D. Projects that encourage awareness of diverse cultures are encouraged.

E. Projects that reflect the rich history and culture of La Mesa are encouraged.

F. The visual artwork or performance will not portray themes that may be interpreted as derogatory as to race, religion, sexual orientation, natural origin, or physical or mental disability.

G. All visual artworks and performances, whether private or public, are subject to all La Mesa ordinances, and to State and Federal law.

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7 4. SELECTION OF ARTWORK
A. Artwork will be selected/approved by an art selection panel composed of: Two members of ACCLM and one member selected at large from the community. The specific artwork or performance selected for display in a public space shall be obtained through a process recommended by ACCLM. The procedures followed shall be proposed by ACCLM and reviewed by the Community Services Department. Methods used may include:
a) Direct selection- artist shall be invited by the Selection Panel to submit qualifications.
b) Limited competition- ACCLM recommends a limited number of artists in response to a specific need.
c) Open competition- ACCLM conducts a competitive process in which artists may compete.

B. Two major criteria will be used in the selection of temporary exhibitions of artwork: artistic excellence and appropriateness for the site.

C. Once the artist/arts organization is selected for a publicly funded project, they will enter into an agreement with the City for the project. Artists/arts organizations under contract with the City shall be paid, unless in connection with an educational institution, in which case the City will note in the Agreement arrangements with the educational institution on proper compensation. In the case where the City facilitates the sale of a visual artwork at a temporary public event for no more than one month, artists/arts organizations will be given a percentage of the profits as agreed upon prior to the installation of artwork in lieu of a standard payment. Artists will be given no less than 50%. If visual artists/arts organizations are permitted to sell their work at a temporary public cultural event (i.e. have a booth), the artist/arts organization can retain all profits in lieu of payment by the City, after artist pays booth fee.

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DATE: March 28, 2023
TO: Mayor and Members of the City Council
FROM: Councilmember Jack Shu and Vice Mayor Colin Parent SUBJECT: CONSIDERATION OF DIRECTING STAFF TO PROPOSE A DRAFT

POLICY THAT REQUIRES NEW RESIDENTIAL DEVELOPMENTS TO

DECOUPLE PARKING FOR NEW MULTI-FAMILY DEVELOPMENTS

SEEKING ENTITLEMENT
In recent decades, new residential buildings were expected and legally required to build off-street parking for all new residents.

Recent changes to state laws have limited those requirements. Still, most developments choose to build enough parking for every resident to have at least one parking space.

And in many circumstances, new units come with two or three parking spaces, even if the households renting or purchasing those units only desire to store one or fewer cars.

A growing share of households are going without a car, or choose to save money by owning fewer cars. In such circumstances, households are sometimes forced to rent or purchase a home with car parking that they neither need or desire.

An elegant solution to this issue is to require that new developments charge for parking, separately from what they charge for the rent or sale of a residential space.

This will allow tenants who want to own fewer cars, to pay a reduced overall rate for their purchase or monthly rent. It will also allow households that want to own more cars, to be able to access additional parking spaces for a fee.

While this policy would not mandate any addition or reduction in parking to be built by developers, it will give them different incentives. It will encourage developers to think critically about how much parking their developments will require, given that they will have to market parking spaces separately. And it will incentivize developers to offer alternative transportation amenities, like bicycle storage, transit passes, etc., if they believe those amenities will attract new renters and buyers.

The City of San Diego already has a policy to require “decoupling” of parking for new developments. It was an element of their initial Climate Action Plan. Decoupling of parking is also a common feature of commercial office leases.

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We request the City Council direct staff to propose a draft policy that requires new residential developments to decouple parking for new multi-family developments seeking entitlement.

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DATE: March 28, 2023
TO: Mayor and Members of the City Council
FROM: Councilmember Patricia N. Dillard
SUBJECT: CONSIDERATION OF RESOLUTION SUPPORTING A STATE $25/HOUR MINIMUM WAGE FOR SPECIFIED HEALTHCARE

WORKERS

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RESOLUTION NO. 2023-____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
SUPPORTING A STATE $25/HOUR MINIMUM WAGE FOR SPECIFIED

HEALTHCARE WORKERS
WHEREAS, California is facing a healthcare workforce crisis, and the City of La Mesa is impacted by this shortage. Nationally, 85% of hospitals, medical groups, home health providers, and other healthcare facilities are experiencing a shortage of allied healthcare professionals. Even before the pandemic, the state was facing a shortage of 500,000 healthcare workers to care for our aging population. Now, after facing the trauma and dangerous working conditions of the pandemic and struggling with low pay and poor working conditions, huge numbers of healthcare workers are leaving the field and many others are thinking considering leaving; WHEREAS: The impacts of the staffing crisis are being felt by healthcare workers and those they care for. In a survey of over 30,000 healthcare worker members of SEIU-UHW, 83% of respondents said their department is understaffed. Staffing shortages have a direct negative impact on patient care;
WHEREAS: Too many healthcare workers in our city are paid unsustainably low wages, sometimes as low as $15.50/hour. According to the MIT Living Wage Calculator, the living wage for a household with two working adults and two children in San Diego County, including La Mesa, is $30.80 an hour for each adult; and
WHEREAS: There is a growing movement to increase healthcare worker pay in cities across California. Since the start of 2022, several cities in California have voted to set a $25 minimum wage for local healthcare workers. Los Angeles, Long Beach, Downey, and most recently Lynwood have all passed a healthcare worker minimum wage ordinance. And in November of 2022, voters in the city of Inglewood passed Measure HC, setting a citywide $25 minimum wage for healthcare workers.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the City of La Mesa strongly supports a State $25/hour minimum wage for specified healthcare workers in the State of California in order to address the urgent patient care crisis caused by a shortage of workers needed to provide the care city residents need.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 28th day of March 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

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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. 2023-___, 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)

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DATE: March 28, 2023
TO: Mayor and Members of the City Council
FROM: Councilmember Jack Shu
VIA: Greg Humora, City Manager
SUBJECT: CONSIDERATION OF SUPPORTING THE CITY’S VISION ZERO

PROGRAM BY ACCELERATING THE NEIGHBORHOOD TRAFFIC
MANAGEMENT PLAN, ALLOCATING APPROXIMATELY $1 MILLION
OF THE CITY’S ARPA FUNDING. EMPHASIS WILL BE GIVEN TO

REDUCING SPEED LIMITS AND TRAFFIC CALMING SYSTEMS ON

RESIDENTIAL STREETS ESPECIALLY WHERE LOCAL STREETS

HAVE BECOME WELL USED THOROUGHFARES IN THE CITY

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La Mesa City CouncilMarch 28, 2023

La Mesa City Council
March 28, 2023