Minutes — La Mesa City Council, July 11, 2023

City Council - July 11, 2023

1. CALL TO ORDER
Public Comments:

The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda Items can be taken out of order during the meeting.

The Agenda Items were considered in the order presented.

Mayor Arapostathis called the meeting to order at 6:00 p.m.

Vice Mayor Parent announced he was attending virtually under the just cause provision of AB 2449 and there were no individuals over the age of 18 present in the room with him.

Councilmember Lothian arrived to the meeting at 6:01 p.m.

1.1 INVOCATION - VICE MAYOR PARENT
Public Comments:

1.2 PLEDGE OF ALLEGIANCE
Public Comments:

2. CITY MANAGER COMMENTS
Public Comments:

Assistant City Manager Lee introduced the new Communications Manager, Grecia Aguilar.

Assistant City Manager Lee gave an update on the actions the City has taken in response to the proposed parole office at 8374-8376 Hercules Street.

3. COMMUNITY BULLETIN REPORTS
Public Comments:

The Mayor, Council and staff made announcements and reported on various events taking place in the City. No action was taken.

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

There were no additions or deletions to the agenda.

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

Truth spoke on the Pride flag and the true meaning of Independence Day.

Brenda Hammond spoke regarding violence, the use of derogatory terms, and the concerts in the park.

6. CONFLICT DISCLOSURES
Public Comments:

There were no conflict of interest disclosures.

7. BOARD AND COMMISSION INTERVIEWS
Public Comments:

7.1 ANNUAL INTERVIEW OF APPLICANTS FOR OPENINGS ON THE CITY’S BOARDS AND COMMISSIONS Attachments
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Public Comments

1. Memo_2023 Annual Board and commission Interviews 2023-07-11.pdf

2. Attachment A_Board and Commission Interviews.July.pdf Truth spoke regarding the Board and Commission appointment process and the various applicants.

City Clerk Wiegelman briefly explained the interview process. City Clerk Wiegelman stated that Mary Nooristani and Jan Wilcox were not able to attend the City Council meeting due to prior commitments and had provided written statements expressing their interest in being considered for appointment or reappointment to a Commission or Board.

The following applicants spoke regarding their qualifications and interest in being appointed or reappointed:

Jeffrey Foertsch
Donald Long
Christopher Langdon
Andrew Reeves
Jana Schwartz
Ashton Genzman
David Harris
Steve Kitchen
Dasmine McFarlin
Barbara Shustek
Lori Wilcox
Jian-Sen Wu
David Nichols
Peter Gregorovic
John Resenske spoke on behalf of Kathleen Brand
Jonathan Frankel
Joshua Helland
City Clerk Wiegelman said the appointments would be made at the July 25 th
City Council meeting.

Following the interviews, no action was taken.

8. PUBLIC COMMENTS ON CONSENT CALENDAR
Public Comments:

Truth spoke on Items 9.1, 9.2, 9.7, and 9.8.

9. CONSENT CALENDAR
Public Comments:
(Items 9.1 through 9.8)
Moved by
Councilmember Shu
Seconded by
Mayor Arapostathis
Approve Consent Calendar Items 9.1 through 9.8.

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

9.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING Public Comments:

Approve.

9.2 RESOLUTION APPOINTING THE PRIMARY AND ALTERNATE REPRESENTATIVES TO THE MISSION TRAILS REGIONAL PARK CITIZENS’ ADVISORY COMMITTEE Attachments
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Public Comments

1. Memo_Mission Trails Citizens Advisory Committee Appointments 2023-07-11.pdf

2. Attachment A_Resolution.Mission Trails CAC.July.pdf
Resolution No. 2023-085
Adopt Resolution.

9.3 RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER NO. 2 FOR THE CITYWIDE PEDESTRIAN CROSSING ENHANCEMENTS PROJECT, BID NO. 20-03, TO ARGONAUT INSURANCE COMPANY Attachments
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Public Comments

1. Staff Report_CCO No. 2 PAL General Engineering for Citywide Ped Xing Project .pdf

2. Attachment A - Reso-Bid 20-03 ARGO-PAL CO2.pdf

3. Attachment B - Bid 20-03 CCO N0. 2.pdf
Resolution No. 2023-086
Adopt Resolution.

9.4 RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER NO. 3 FOR THE CITYWIDE PEDESTRIAN CROSSING ENHANCEMENTS PROJECT, BID NO. 20-03, TO INFRASTRUCTURE ENGINEERING CORPORATION Attachments
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Public Comments

1. Staff Report_CCO No. 3 IEC for Citywide Ped Xing Project.pdf

2. Attachment A - Reso-Bid 20-03 IEC CO3.pdf

3. Attachment B - CCO-3 proposal.pdf
Resolution No. 2023-087
Adopt Resolution.

9.5 RESOLUTION AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF A GRANT FROM THE CALIFORNIA HIGHWAY PATROL TO CONDUCT A LOCAL TRAFFIC SAFETY PROGRAM FOR DUI ENFORCEMENT BY APPROVING THE ADDITION OF THE GRANT FUNDS TO THE FY 2023-2024 BUDGET Attachments
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Public Comments

1. Staff Report_CHP Cannabis Grant Fund 12976.pdf

2. Attachment A - Resolution CHP Cannabis Grant 12976 2023-2024.pdf

3. Attachment B - FY23-24 CTFGP Grant Agreement La Mesa PD.pdf Resolution No. 2023-088
Adopt Resolution.

9.6 RESOLUTION TO AWARD RFP 23-20 FOR PLAN REVIEW SERVICES FOR BUILDING AND FIRE PERMITS TO BPR CONSULTING GROUP, LLC.

Attachments
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Public Comments

1. Staff Report_Award RFP 23-20 for Plan Review Services-Building and Fire Permits.pdf

2. Attachment A - Resolution Plan Check Services.pdf

3. Attachment B - BPR Consulting_Agreement.pdf
Resolution No. 2023-089
Adopt Resolution.

9.7 CITY OF LA MESA HOUSING ASSET FUND FINANCIAL STATEMENTS AND ADDENDUM TO THE ANNUAL PROGRESS REPORT FOR THE YEAR ENDED JUNE 30, 2022 Attachments
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Public Comments

1. Memo_Fiscal Year 2022 Housing Asset Fund Audit.pdf

2. Attachment A - 2022 Final SB 341 Report.pdf

3. Attachment B - 2022 Housing Asset Fund Final Report.pdf Approve.

9.8 SINGLE AUDIT OF FEDERALLY ASSISTED GRANT PROGRAMS FOR THE YEAR ENDING JUNE 30, 2022 Attachments
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Public Comments

1. Memo_Fiscal Year 2022 Single Audit.pdf

2. Attachment A - Single Audit Report - City of La Mesa.pdf Approve.

10. CONSENT CALENDAR - CITY COUNCIL AND LA MESA PUBLIC FINANCING AUTHORITY Public Comments:
(Item 10.1)
Truth spoke on Item 10.1.

Moved by
Mayor Arapostathis
Seconded by
Councilmember Shu
Approve Consent Calendar Item 10.1.

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

10.1 ACCEPTANCE OF BASIC FINANCIAL STATEMENTS AND INDEPENDENT AUDITOR'S REPORT FOR THE CITY OF LA MESA FOR THE YEAR ENDING JUNE 30, 2022 Attachments
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Public Comments

1. Memo_Fiscal Year 2022 Audit.pdf

2. Attachment A - 2022 Financial Statements with Response.pdf

3. Attachment B - 2022 Final SAS114 Letter.pdf

4. Attachment C - 2022 Final GAGAS Report.pdf

5. Attachment D - 2022 Final GANN Limit Report.pdf
Approve.

11. COUNCIL INITIATED
Public Comments:

11.1 REVIEW OF THE PROPOSITION L AD HOC SUBCOMMITTEE MEMBERSHIP - MAYOR ARAPOSTATHIS Attachments
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Public Comments

1. Memo_CI.Arapostathis_Prop L Ad Hoc Subcommittee Membership 2023-07-11.pdf Mayor Arapostathis expressed his interest in serving on the Proposition L Ad Hoc Subcommittee ("Subcommittee") and asked Vice Mayor Parent if he would give up his seat on the Subcommittee.

Council questions and comments ensued.

Moved by
Vice Mayor Parent
Seconded by
Councilmember Shu
Approve the Proposition L Ad Hoc Subcommittee membership change from Vice Mayor Parent and Councilmember Dillard to Mayor Arapostathis and Councilmember Dillard.

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

11.2 DISCUSSION AND POSSIBLE DIRECTION ON A DRAFT ORDINANCE ADDING LA MESA MUNICIPAL CODE CHAPTER 10.30 REGULATING THE RESIDENTIAL STORAGE OF FIREARMS AND CONDUCTING AN ASSOCIATED PUBLIC INFORMATION PROGRAM - COUNCILMEMBER SHU AND COUNCILMEMBER DILLARD Attachments
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Public Comments

1. Memo_CI.Shu.Dillard_Firearm Storage Ordinance 2023-07-11.pdf

2. Attachment A - April 12, 2022 Staff Report Draft Residential Firearm Accountability Ordinance.pdf Marc Guieb
I support the adoption of local ordinances that help to protect against gun violence. I support this safe firearm storage ordinance which will help prevent both intentional and accidental violence from happening.

John White
I URGE the La Mesa City Council to pass -- and enforce -- the SAFE FIREARM STORAGE ordinance.

When this issue came before you in 2022, you thought that La Mesa did not have a problem. The County's Gun Violence Reduction Report shows that La Mesa had the third-highest average firearm-related death rate per 100,000 from 2017-2021.

Safely storing firearms will help reduce theft of guns, accidental shootings and the use of firearms in suicide and domestic violence situations.

Sincerely,
John White
Anne Heller
I am writing in support of enacting a Safe Storage Ordinance and also an enhanced public education campaign. When firearms are safely stored, it can help prevent theft and criminal use of stolen guns. In addition, accidental shootings can be prevented, suicide by firearm can be reduced, and the use of firearms in serious domestic violence situations can be limited. La Mesa has a high number of firearm related deaths…please adopt this ordinance to make La Mesa a safer place to live. Thank you.

Susan Ehrhardt
La Mesa has the third highest average firearm death rate in San Diego County. Therefore it does have a problem.

It appears that the education campaign implemented by the city council in April 2022 has not occurred according to La Mesa residents.

Requiring that all firearms be safely stored will prevent thefts (which often become crime guns) accidental shootings, help reduce suicide and the use of guns in domestic violence situations.

Mylene Macias
Responsible gun ownership saves lives, and proper storage of guns is an easy way to prevent unnecessary injury or death. We must work together to take more action to make our communities safer. There is no argument against safe gun storage that is more important than protecting lives.

Erick Escalante
I’ve lost 2 people. 2 friends to suicide by guns that they did not own and were not stored properly and easily accessible. Please DO NOT LET THIS HAPPEN TO YOUR LOVED ONES. safely store weapons and ammunition separately and in a safe place. Too many people end their lives in this manner and if only they did not have the easy access from negligent gun owners, perhaps they could have spoken to someone who cared and helped them out of this terrible decision to quickly end their lives.

Amir Razeghi
I am writing in support of more and higher safety for storage of the fire arms. This only helps with reducing the chances for very avoidable accidents and tragedies. A step towards the right direction.

Hudson Reynolds
Safe and secure storage of firearms is vital for the safety of our households and community at large, please ensure this ordinance and following education passes Morgan Sheppard
Please work to close these gun safety loopholes within our laws. Statistics show that stricter storage safety laws prevent thefts, accidental shootings, and suicide rates. We need to set precise standards TODAY and SAVE LIVES! Victoria Koenitzer
La Mesa has a gun violence problem. The County's June 23, 2023 Gun Violence Reduction Report found that from 2017-2021, La Mesa had the third highest average firearm-related death rate per 100,000 of cities in San Diego County. California's state-wide safe storage ordinance has loopholes, making local ordinances crucial in order to close loopholes and protect against gun violence.

Sandra Bever
I urge the city council to support safe firearm storage and firearm safety education programs to help reduce gun violence. Please do not ignore the significance of a safe storage ordinance to help reduce the gun violence epidemic which impacts every community in San Diego County. Strengthening safe storage laws and education around firearm safety will help reduce unintentional access to firearms.

Shannon Schneider
I am writing to urge the city of La Mesa to adopt a safe storage ordinance in an effort to reduce gun violence and protect our community. As a mother of a toddler, one of my greatest fears is a child finding a firearm and accidentally discharging it causing death to himself or others. This is a common news headline with a simple solution. Gun ownership is a huge responsibility and safe storage is a simple solution. Thank you for prioritizing this for the city of La Mesa.

Eric Dewey-Hoffman
I am a member of La Mesa First United Methodist Church and am in favor of the La Mesa City Council directing staff to draft a Safe Storage Ordinance for the city of La Mesa.

Joy Drees
La Mesa DOES have a problem. The County's June 23, 2023 Gun Violence Reduction Report found that from 2017-2021, La Mesa had the 3rd highest average firearm-related death rate per 100,000 of cities in San Diego County (following Lemon Grove and El Cajon).

State laws only impact houses with children or those prevented from owning a firearm (for example, those with felony convictions).

If ALL firearms are safely stored, it will prevent thefts (guns that often go on to become crime guns), accidental shootings, help reduce suicide by firearm, limit the use of firearms in explosive domestic violence situations, keep firearms from being used by teens, and more. Tragedy can be avoided by instead requiring storage in either a California approved locked container or with an approved trigger lock, as the proposed ordinance requires.

Sandy Housley
This is an opportunity for the La Mesa City Council to take a stand in support of the safe storage of firearms. If all firearms are stored safely it can: help prevent theft which often leads to criminal use of stolen guns; prevent accidental shootings; reduce suicide by firearm including teen and veteran suicide; and limit the use of firearms in explosive domestic violence situations. Many school shooters obtain their weapons from the homes of family and friends; secured firearms may save the lives of school children.

La Mesa is certainly not immune from firearm violence. San Diego County's June 23, 2023, Gun Violence Reduction Report found that from 2017-2021, La Mesa had the 3rd highest average firearm-related death rate per 100,000 inhabitants among cities in the County! I am writing to urge you to adopt a safe storage ordinance for La Mesa that will close loopholes in the statewide legislation concerning safe storage and to initiate an effective public education campaign around this ordinance to maximize its effectiveness.

Ron Marcus
Failure to pass a safe firearm storage ordinance the last time has left La Mesa unsafe from gun violence. Education has been sparse and ineffective. We need action. I strongly urge a yes vote on the current proposed safe firearm storage and education ordinance.

Justification:

La Mesa DOES have a problem. The County's June 23, 2023 Gun Violence Reduction Report found that from 2017-2021, La Mesa had the 3rd highest average firearm-related death rate per 100,000 of cities in San Diego County (following Lemon Grove and El Cajon).

State laws only impact houses with children or those prevented from owning a firearm (for example, those with felony convictions).

State law is full of holes, creating an ineffective standard in a number of situations.

California law fails to set precise standards on how to store firearms, only requiring a subjective "reasonable action" to prevent access to a child.

Tragedy can be avoided by instead requiring storage in either a California approved locked container or with an approved trigger lock, as the proposed ordinance requires.

What education campaign has occurred since it was implemented in April 2022? Has the effectiveness of any education done been assessed? Reports from La Mesa residents are that they have not seen information.

Therese Hymer
I write in SUPPORT of enacting a Safe Firearm Storage Ordinance and doing further public education.

From 2017-2021, La Mesa had the 3rd highest average firearm-related death rate per 100,000 of cities in San Diego County (following Lemon Grove and El Cajon; information at page 36 of the County's June 23, 2023 Gun Violence Reduction Report).

State laws only impact houses with children or those prevented from owning a firearm (for example, those with felony convictions).

State law is full of holes, creating an ineffective standard in a number of situations. California law fails to set precise standards on how to store firearms, only requiring a subjective "reasonable action" to prevent access to a child. Tragedy can be avoided by instead requiring storage in either a California approved locked container or with an approved trigger lock, as the proposed ordinance requires.

Debbie McDaniel-Lindsey
I attend La Mesa 1st United Methodist Church and wish to support the proposal for staff to draft a Safe Storage Ordinance and continue the education component. My personal experience with gun deaths are both of friends who died by firearm suicide, which is the major cause of gun deaths. A college friend had barely graduated from university. She knew her father kept his revolver in the top drawer of his dresser. I don’t know the torments she was dealing with; I had irrational thoughts of 'if only I had invited her to my wedding she wouldn’t have done this'. Her parents I know wish they had prevented this by locking their gun. But 50 years ago we didn’t know the research about how effective securely storing guns was in preventing suicide by teens and other adults, unintentional shootings by children, thefts of firearms from cars and homes. The issue before you is we do know now.

Suicide is an impulsive act and storing firearms locked in a safe or with a trigger lock which is the definition of secure storage puts time and space between an impulse and an almost certain death. Secure storage prevents children, teens, and others in a family who should not have access to a gun from finding a gun hidden by someone sure that no one could find it. A securely stored gun cannot be stolen from the home or car.

The LMSV school district has taken the step this year to place Firearm Secure Storage Resources for Parents on its webpage. It includes the State Superintendent of Schools explanation of the Child Access Prevention law and education about the importance of safe storage. It includes the nonpolitical education program of BeSMART. I see this as an important step towards educating the parents of the children whom they are serving.

I hope the City of La Mesa will take similar steps towards developing an education outreach to its citizens. I think passing an ordinance will help in that education.

Lois Knowlton
Prevention of even one accidental or suicidal death by an easily accessible firearm is a value that our City of La Mesa can endorse by favoring the initiative 11.2, Residential Storage of Firearms. It is a public safety issue, especially for children and a mental health issue for youth and adults. Gun violence has become pervasive in today's culture through the social media as well as the tragedies we view every day.

Amanda Beam
When guns are left out and not locked up, it is easy for kids to find and use them, intentionally or unintentionally.

I don’t like to make decisions out of fear and honestly a school shooting at my child’s school is a huge fear of mine, but this feels like a simple and smart, evidence backed approach to reduce gun violence in our community. Requiring safe storage of firearms ensures responsible gun owners won’t contribute to unnecessary suicide/death. I know this issue is highly politicized, but please consider the safety of our community with this small and reasonable measure. Thank you for considering this change and for serving La Mesa with your whole heart! Councilmember Shu and Councilmember Dillard explained the purpose for requesting the Council direct staff to draft a residential firearm accountability ordinance and conduct an associated public information program on the safe storage of firearms.

Council questions and comments ensued.

The following members of the public spoke or submitted a comment in support of an ordinance regulating the residential storage of firearms and conducting an associated public information program:

Amanda Beam
Lois Knowlton
Debbie McDaniel-Lindsey
Therese Hymer
Ron Marcus
Sandy Housley
Joy Drees
Eric Dewey-Hoffman
Shannon Schneider
Sandra Bever
Victoria Koenitzer
Morgan Sheppard
Hudson Reynolds
Amir Razeghi
Erick Escalante
Mylene Macias
Susan Ehrhardt
Anne Heller
John White
Marc Guieb
Carol Landale
Max Coston
Brianna Coston
Bruce Sachs
Janet Castanos
Lauren Cazares
The following members of the public spoke in opposition to an ordinance regulating the residential storage of firearms:

Andee Aceves
Jim Miller
Manny Aceves
Dave Reed
Garrison Ham
C. Denny
Kenneth Van Tassell
Steven Campbell
Phil Pottinger
John Baldwin
Mary Davis
Steve Merritt
Kimberly Southwell
Truth
Rick Cohan
Jeff Malik
Steven Hosmer
Blake Beckcom
Richard Richison
Gail Ramer
Michael Schwartz
Brenda Hammond
Richard Fouhy
Council questions and comments continued.

Moved by
Councilmember Shu
Seconded by
Councilmember Dillard
To direct staff to return to Council with a draft ordinance, written in consultation with the Chief of Police, regulating the residential storage of firearms, including clarifying language regarding when the firearm must be stored in a locked container.

Yes (3)
Councilmember Shu, Vice Mayor Parent, and Councilmember Dillard No (2)
Mayor Arapostathis, and Councilmember Lothian
Approved (3 to 2)

12. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)
Public Comments:

The Mayor and Council reported on various outside boards, commissions and committee meetings they attended. No action was taken.

La Mesa City CouncilJuly 11, 2023

La Mesa City Council
July 11, 2023