LA MESA CITY COUNCIL
AGENDA
A Regular Meeting
Date: Tuesday, January 9, 2024, 6:00 p.m.
Location: City Council Chambers, 8130 Allison Avenue
La Mesa, California
Elected
Officials:
Mayor Mark Arapostathis
Vice Mayor Laura Lothian
Councilmember Patricia N. Dillard
Councilmember Colin Parent
Councilmember Jack Shu
City Treasurer Matthew Strabone
Staff: City Manager Greg Humora
City Attorney Glenn Sabine
City Clerk Megan Wiegelman
The City Council meeting may be viewed in-person or live on Cox Cable Channel 24 (within La Mesa City limits), AT&T U-Verse Channel 99 (in the San Diego Region), the City’s website (www.cityoflamesa.us), Facebook Live (www.facebook.com/lamesaca) or using the following Zoom Webinar options:
The public may view the meeting live using the following remote options:
Teleconference Meeting Webinar
https://us06web.zoom.us/j/84472650722
Telephone (Audio only)
(669) 900-6833 or (253) 215-8782 Webinar ID: 844 7265 0722 Copy and paste the webinar link into your internet browser if the webinar link does not work directly from the agenda.
PUBLIC COMMENTS
In-Person comments during the meeting: Join us for the City Council meeting at the time and location specified on this agenda to make your comments. Please complete a “Request to Speak” card and submit it to the Council Hostess. When the Mayor calls your name, step to the podium and state your name for the record. Comments will be limited to three (3) minutes.
•
Zoom Audio Comments: To provide oral public comments during the meeting, join the Zoom meeting by computer, mobile phone, or dial in number. On Zoom video conference by computer or mobile phone, use the “Raise Hand” feature. This will notify the moderator that you wish to speak during a specific item on the agenda or during non-agenda Public Comment. Members of the public will not be shown on video but will be able to speak when called upon. If joining the meeting using the Zoom dial-in number, you may raise your hand by pressing *9. Comments will be limited to three (3) minutes. No further comments will be entertained after the Mayor closes public comment. •
How to submit eComments: eComments are available once an agenda is published.
Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until 24 hours prior to the meeting. eComments are limited to 500 words. eComments may be viewed by the City Council and members of the public following the close of the eComment submission period (24 hours prior to the meeting). Email your comment to [email protected] if you have difficulty submitting an eComment. eComments will not be read aloud as a regular meeting item; however any member of the Council or member of the public may do so during their respective comment time. •
PLEASE NOTE: Public Comment will be limited to 3 minutes per item. The timer begins when the participant begins speaking. Time cannot by combined or yielded to another speaker.
Citizens who wish to make an audio/visual presentation pertaining to an item on the agenda, or during Public Comments, should contact the City Clerk’s office at 619.667.1120, no later than 12:00 p.m., the Monday prior to the meeting day. Advance notification will ensure compatibility with City equipment and allow Council meeting presentations to progress smoothly and in a consistent and equitable manner. Please note that all presentations/digital materials are considered part of the maximum time limit provided to speakers.
Agenda reports for items on this agenda are available for public review at the City Clerk's Office, 8130 Allison Avenue, during normal business hours.
Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office, 8130 Allison Avenue, during normal business hours.
ACCESSIBILITY: The City of La Mesa encourages the participation of disabled individuals in the services, activities and programs provided by the City. Individuals with disabilities, who require reasonable accommodation in order to participate in the City Council meetings, should contact the Administrative Services Department 48 hours prior to the meeting at 619.667.1175, fax 619.667.1163, or [email protected].
Hearing assisted devices are available for the hearing impaired. A City staff member is available to provide these devices upon entry to City Council meetings, commission meetings or public hearings held in the City Council Chambers. A photo i.d. or signature will be required to secure a device for the meeting.
Pages
1. CALL TO ORDER
1.1 INVOCATION - COUNCILMEMBER SHU
1.2 PLEDGE OF ALLEGIANCE
2. CITY MANAGER COMMENTS
3. COMMUNITY BULLETIN REPORTS
4. ADDITIONS AND/OR DELETIONS TO THE AGENDA
5. PRESENTATIONS
5.1 COMMUNITY COLLABORATION AWARD PRESENTATION BY I LOVE
A CLEAN SAN DIEGO
5.2 DEVELOPMENT SERVICES PROCESS IMPROVEMENT PLAN
UPDATE
1 6. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
NOTE: In accordance with state law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take any action on the item at this meeting.
If appropriate, the item will be referred to Staff or placed on a future agenda.
7. CONFLICT DISCLOSURES
8. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which members of the Council or audience may pull items from the CONSENT CALENDAR for discussion. Public Comments are also invited on Consent Calendar items.
9. CONSENT CALENDAR
(Items 9.1 through 9.2)
The Consent Calendar includes items considered to be routine. Unless discussion is requested by members of the Council or audience, all Consent Calendar items may be approved by one motion.
Recommended Motion:
Approve Consent Calendar Items 9.1 through 9.2.
9.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF
ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
9.2 APPROVAL OF THE 2024 LIST OF PROCLAMATIONS 3
Staff Reference: Ms. Wiegelman
Recommended Motion:
Approve.
10. STAFF REPORT
10.1 CONSIDERATION OF APPOINTING AND/OR REAPPOINTING
COUNCILMEMBERS TO OUTSIDE BOARDS, COMMISSIONS AND
COMMITTEES, AND TO THE COUNCIL AD HOC AND STANDING
SUBCOMMITTEES
5 Staff Reference: Ms. Wiegelman
Recommended Motion:
The Mayor and Council appoint and/or reappoint Councilmembers to the outside boards, commissions and committees, as well as the Council ad hoc and standing subcommittees.
11. ORDINANCES: SECOND READING
11.1 CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA ADDING CHAPTER 6.07 TO THE LA MESA
MUNICIPAL CODE REQUIRING THE LICENSING OF TOBACCO
RETAILERS
13 Staff Reference: Ms. Lee
Recommended Motion:
Approve the second reading and adoption of the Ordinance.
11.2 CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA REPEALING CHAPTER 3.24 OF THE LA
MESA MUNICIPAL CODE RELATED TO PERSONNEL MATTERS IN
ITS ENTIRETY
22 Staff Reference: Ms. Lee
Recommended Motion:
Approve the second reading and adoption of the Ordinance.
12. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)
13. AB 1234 REPORTS (GC 53232.3 (d))
14. CITY ATTORNEY REMARKS
15. ADJOURNMENT
DATE: January 9, 2024
TO: Mayor and Members of the City Council
FROM: Lynnette Santos, Director of Community Development VIA: Greg Humora, City Manager
SUBJECT: Development Services Process Improvement Plan Update Community Development will be presenting the City Council an update on the Development Services Process Improvement Plan (Process Improvement Plan) implementation efforts. On February 28th, 2023 staff brought forward to Council process improvement plan recommendations that would assist in enhancing the customer service experience, enhance the customer experience, identify bottlenecks in the permitting process, and assist in more time and resource efficiencies. This update will include an overview of accomplishments that have been made to date in the areas of process improvements, customer service, and tracking and data collection. Staff will also provide an update on the City’s ADU program.
Some of the accomplishments that will be presented to Council include implementation of MaintStar modules, efforts to improve predictability and improved communication for customers through things such as the reestablishment of preapplication meetings, regular updates to on-line information, the initiation of a “How To” video series, and the use of reports and customer surveys to track key permitting processes, customer service successes and areas in need of improvement, and review and inspection milestones.
Staff will also share the outcome of the first a series of community workshops, which was held by Community Development on October 17th, 2023. This community workshop was a meet and greet for the public with the new Community Development Director and Building Official and an opportunity to inform the community on a variety of Community Development Department efforts and projects underway
Lastly, staff will provide a status of the City’s ADU program. The City of La Mesa has published the ADU guidebook and FAQ to help guide homeowners who are looking to build an ADU. The guidebook answers common questions about the design, permitting, construction, and property management process for these individual as well as discussing the steps and factors that should be considered when making this decision. As part of the update staff will share that the number of ADU permits both applied for and issued, has
resulted in more than 220 permit applications processed since 2022, and that ADU fees waived to date equates to approximately $255,000.00.
DATE: January 9, 2024
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, CMC, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: APPROVAL OF THE 2024 LIST OF PROCLAMATIONS
At the City Council meeting of June 14, 2022, the Council directed staff to provide a list of proclamations in January of each year for Council consideration. Attached is the proposed list of proclamations for 2024.
Attachment
2024 LIST OF PROCLAMATIONS
April 2024
Arbor Day/Week
Volunteer Appreciation Month
May 2024
Bike Month
Older Americans Month
Water Safety Month
Law Enforcement Officers’ Memorial Day
National Public Works Week
Poppy Month
June 2024
LGBTQ+ Month (will be brought to Council at the second regularly scheduled Council meeting in May)
Juneteenth and Friends Day
July 2024
Parks and Recreation Month
September 2024
National Preparedness Month
October 2024
Fire Prevention Week
DATE: January 9, 2024
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, CMC, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: CONSIDERATION OF APPOINTING AND/OR REAPPOINTING
COUNCILMEMBERS TO OUTSIDE BOARDS, COMMISSIONS AND
COMMITTEES, AND TO THE COUNCIL AD HOC AND STANDING
SUBCOMMITTEES
According to Council policy adopted in December 2011, the Council shall review and consider outside appointments during the first regularly scheduled City Council meeting in January of each year. Attached is a list of Council assignments to outside boards, commissions and committees, and to the Council ad hoc and standing subcommittees from 2023.
The Council shall make the appointments and/or reappointments to the Metropolitan Transit System (MTS) and the San Diego Association of Governments (SANDAG). The Mayor shall make all other appointments and/or reappointments with the approval of the City Council.
At the present time the Fair Political Practices Commission (FPPC) authorizes councilmembers to participate and vote on their appointments to outside boards and commissions irrespective of the fact that such appointments may result in income to the councilmember. In order to exercise such authority, a Form 806, as provided by the FPPC, must be completed and made available on the City’s website. Following the appointments and/or reappointments at the January 9th Council meeting, a Form 806 will be prepared and posted.
Staff recommends the Mayor and Council appoint and/or reappoint Councilmembers to the outside boards, commissions and committees, as well as the Council ad hoc and standing subcommittees.
Attachments
2023 COUNCIL APPOINTMENTS TO OUTSIDE BOARDS, COMMISSIONS AND COMMITTEES Board, Commission or
Committee Meeting Schedule Current Representatives
Date of
Appointment Appointed By Compensation
East County Economic
Development Council
Third Wednesday of each month at
7:30 a.m.
Councilmember Lothian 1/10/2023 Mayor w/Council
Approval
No Compensation
Harry Griffen Park - JPA
Chair
Meets annually in May Mayor Arapostathis
Councilmember Shu
(Alternate)
7/25/2023 Mayor w/Council
Approval
No Compensation
Heartland
Communications Facility
(Primary)
Quarterly on the fourth Thursday at
4:00 p.m.
Councilmember Dillard 4/25/2023 Mayor w/Council
Approval
$100/meeting
Heartland
Communications Facility
(Alternate)
Quarterly on the fourth Thursday at
4:00 p.m.
Councilmember Shu 1/10/2023 Mayor w/Council
Approval
$100/meeting
Heartland Fire Training
Facility Authority
(Primary)
Quarterly on the second Thursday at
4:00 p.m.
Councilmember Dillard 4/25/2023 Mayor w/Council
Approval
$100/meeting
Heartland Fire Training
Facility Authority
(Alternate)
Quarterly on the second Thursday at
4:00 p.m.
Councilmember Shu 1/10/2023 Mayor w/Council
Approval
$100/meeting
La Mesa-Spring Valley
School District/City of La
Mesa Joint Steering
Committee (Primary)
Meets on an as needed basis Mayor Arapostathis 1/10/2023 Mayor w/Council Approval
No Compensation
La Mesa Spring Valley
School District/City of La
Mesa Joint Steering
Committee (Alternate)
Meets on an as needed basis Councilmember Lothian 1/10/2023 Mayor w/Council Approval
No Compensation
2023 COUNCIL APPOINTMENTS TO OUTSIDE BOARDS, COMMISSIONS AND COMMITTEES Board, Commission or
Committee Meeting Schedule Current Representatives
Date of
Appointment Appointed By Compensation
League of California
Cities San Diego County
Division
Second Monday of each month at
11:30 a.m.
Councilmember Lothian 1/10/2023 Mayor w/Council
Approval
No Compensation
Metro Wastewater
JPA/Commission
(Primary)
First Thursday of each month at
noon
William Baber 1/10/2023 Mayor w/Council
Approval
$150/meeting
(3 mtgs./mo. max)
Metro Wastewater
JPA/Commission
(Alternate)
First Thursday of each month at
noon
Councilmember Shu 1/10/2023 Mayor w/Council
Approval
$150/meeting
(3 mtgs./mo. max)
Metropolitan Transit
System (Primary)
Once a month on various Thursdays
at 9:00 a.m.
Councilmember Dillard 1/10/2023 Council $150/meeting
Metropolitan Transit
System (Alternate)
Once a month on various Thursdays
at 9:00 a.m.
Mayor Arapostathis 1/10/2023 Council $150/meeting
Mission Trails Regional
Park Task Force
Third Thursday of odd numbered
months at 10:00 a.m.
Councilmember Parent 1/10/2023 Mayor w/Council
Approval
No Compensation
Mission Trails Regional
Park Citizens' Advisory
Committee
First Tuesday of odd numbered
months at 6:30 p.m.
Jessi Brown
(Representative)
Parker Ross
(Alternate)
7/11/2023 Mayor w/Council
Approval
No Compensation
SANDAG
(Primary)
Twice a month on various Fridays
and at varing times, depending on
the committee assignment.
Councilmember Shu 7/25/2023 Council $150/Board meeting;
2023 COUNCIL APPOINTMENTS TO OUTSIDE BOARDS, COMMISSIONS AND COMMITTEES Board, Commission or
Committee Meeting Schedule Current Representatives
Date of
Appointment Appointed By Compensation
SANDAG
(First Alternate)
Twice a month on various Fridays at
varing times, depending on the
committee assignment.
Mayor Arapostathis 7/25/2023 Council $150/Board meeting SANDAG
(Second Alternate)
Twice a month on various Fridays at
varing times, depending on the
committee assignment.
Councilmember Dillard 1/10/2023 Council $150/Board meeting San Diego Community
Power Board of
Directors
Fourth Thursday of each month at
5:00 p.m.
Councilmember Parent 1/10/2023 Mayor w/Council
Approval
$150/Board Meeting
San Diego Community
Power Board of
Directors (Alternate)
Fourth Thursday of each month at
5:00 p.m.
Councilmember Shu 1/10/2023 Mayor w/Council
Approval
$150/Board Meeting
Sweetwater River
Watershed Advisory
Panel
Meet twice per year Councilmember Dillard 1/10/2023
(2 year term)
Mayor w/Council
Approval
No Compensation
2023 COUNCIL APPOINTMENTS TO STANDING AND AD HOC SUBCOMMITTEES Council Standing
Subcommittees Meeting Schedule Current Representatives Date of Appointment Appointed By Compensation
Animal Welfare
Subcommittee
Meets on an as-needed basis
(became a standing
subcommittee at 1/11/22
Council meeting)
Councilmember Dillard
Councilmember Shu
1/10/2023 Mayor w/ Council
Approval
No Compensation
Audit Subcommittee Meets twice a year Mayor Arapostathis Councilmember Shu
1/10/2023 Mayor w/Council
Approval
No Compensation
Development Services
Council Liaison
SubCommittee
Meets on an as-needed basis
(created at 1/10/23 Council
meeting)
Councilmember Dillard
Councilmember Lothian
1/10/2023 Mayor w/ Council
Approval
No Compensation
Downtown Events
Subcommittee
Meets on an as-needed basis Councilmember Dillard
Councilmember Parent
1/10/2023 Mayor w/Council
Approval
No Compensation
Future of MacArthur Park
Subcommittee
Meets on an as-needed basis Councilmember Dillard
Councilmember Shu
1/10/2023 Mayor w/ Council
Approval
No Compensation
2023 COUNCIL APPOINTMENTS TO STANDING AND AD HOC SUBCOMMITTEES Council Ad Hoc
Subcommittees Notes Current Representatives Date of
Appointment Appointed By Compensation
AB 2449 Teleconference
Policies Ad Hoc
Subcommittee
Created at 2/28/23 Council
meeting
Councilmember Parent
Councilmember Shu
2/28/2023 Mayor w/ Council
Approval
No Compensation
Accessory Dwelling Units
Ad Hoc Subcommittee
Created at 1/10/2023 Council
meeting
Mayor Arapostathis
Councilmember Parent
1/10/2023 Mayor w/ Council
Approval
No Compensation
American Rescue Plan Act
Funding Ad Hoc
Subcommittee
Councilmember Lothian
Councilmember Parent
1/10/2023 Mayor w/ Council
Approval
No Compensation
Business Rebound
Subcommittee
Councilmember Lothian
Councilmember Parent
1/10/2023 Mayor w/ Council
Approval
No Compensation
Citizen Emergency
Preparedness
Subcommittee
Mayor Arapostathis
Councilmember Shu
1/10/2023 Mayor w/Council
Approval
No Compensation
Civic Center Master Plan Councilmember Parent
Councilmember Shu
1/10/2023 Mayor w/Council
Approval
No Compensation
Climate Action Plan
Updates
Councilmember Shu
Councilmember Dillard
1/10/2023 Mayor w/ Council
Approval
No Compensation
Extension of Proposition L
Subcommittee
Mayor Arapostathis replaced
Councilmember Parent on
7/11/23
Mayor Arapostathis
Councilmember Dillard
1/10/2023 Mayor w/ Council
Approval
No Compensation
Housing Affordability
Subcommittee
Councilmember Parent
Councilmember Shu
1/10/2023 Mayor w/ Council
Approval
No Compensation
Parking Management Ad
Hoc Subcommittee
Created at 1/10/2023 Council
meeting
Councilmember Parent
Councilmember Shu
1/10/2023 Mayor w/ Council
Approval
No Compensation
2023 COUNCIL APPOINTMENTS TO STANDING AND AD HOC SUBCOMMITTEES Council Ad Hoc
Subcommittees Notes Current Representatives Date of Appointment Appointed By Compensation Public Comment Policy
Subcommittee
Mayor Arapostathis
Councilmember Parent
2/9/2021 Mayor w/ Council
Approval
No Compensation
Review of City Streets for
Greater Pedestrian Access
Subcommittee
Mayor Arapostathis
Councilmember Parent
1/10/2023 Mayor w/ Council
Approval
No Compensation
Review of the Design
Review Board
Councilmember Lothian
Councilmember Parent
1/10/2023 Mayor w/ Council
Approval
No Compensation
2023 COUNCIL APPOINTMENTS TO STANDING AND AD HOC SUBCOMMITTEES Council Ad Hoc
Subcommittees Notes Representatives Date of
Appointment Appointed By Compensation
Climate Emergency
Resolution Subcommittee
Dissolved 02/23/21 with the
adoption of the Resolution
Declaring a Climate Emergency
Councilmember Baber
Councilmember Shu
1/12/2021 Mayor w/ Council
Approval
No Compensation
Community Police
Oversight Board
Nominating Subcommittee
Dissolved on 4/13/21 with the
appointment of two members to
fill two vacancies created shortly
after the appoointment of the
original members 01/26/2021
Mayor Arapostathis
Councilmember Weber
1/12/2021 Mayor w/ Council
Approval
No Compensation
CA and CM Contracts
Review Subcommittee
Dissolved 9/14/21 after the
approval of the CM and CA
contract amendments
Mayor Arapostathis
Councilmember Baber
7/13/2021 Mayor w/ Council
Approval
No Compensation
Alvarado Specific Plan
Subcommittee
Dissolved 3/8/22; applicant
withdrew proposed development
agreement
Councilmember Baber
Councilmember Parent
1/11/2022 Mayor w/ Council
Approval
No Compensation
Mural Ordinance Ad Hoc
Subcommittee
Dissolved 3/28/23 with the
adoption of a public arts policy
Councilmember Dillard
Councilmember Lothian
3/28/2023 Mayor w/ Council
Approval
No Compensation
Councilmember Salary
Review Ad Hoc
Subcommittee
Dissolved 11/28/23 with the
adoption of Ordinance No. 2023-
2905
Councilmember Dillard
Councilmember Shu
2/28/2023 Mayor w/ Council
Approval
No Compensation
Digital Billboard(s)
Program Ad Hoc
Subcommittee
Dissolved 12/12/23; Digital
Billboard RFP was terminated
Councilmember Dillard
Councilmember Shu
3/28/2023 Mayor w/ Council
Approval
No Compensation
Tobacco Retailer
Licensing Ordinance Ad
Hoc Subcommittee
Dissolved 1/4/24; second
reading and adoption of
ordinance considered at the
1/4/24 Council meeting
Councilmember Dillard
Councilmember Shu
3/14/2023 Mayor w/ Council
Approval
No Compensation
STANDING AND AD HOC SUBCOMMITTEES THAT WERE DISSOLVED
DATE: January 9, 2024
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, City Clerk
VIA: Greg Humora, City Manager
Glenn Sabine, City Attorney
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA ADDING CHAPTER 6.07 TO
THE LA MESA MUNICIPAL CODE REQUIRING THE LICENSING OF
TOBACCO RETAILERS
At the December 12, 2023 City Council meeting, the City Council unanimously approved the introduction and first reading of an Ordinance adding Chapter 6.07 to the La Mesa Municipal Code requiring the licensing of tobacco retailers.
Staff recommends the City Council approve the second reading and adoption of the Ordinance.
ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA ADDING CHAPTER 6.07 TO THE LA MESA MUNICIPAL CODE REQUIRING THE
LICENSING OF TOBACCO RETAILERS
WHEREAS, California Penal Code Section 308 prohibits the sale or giving of tobacco products to persons under 21 years of age, as well as the purchase, receipt or possession of tobacco products by persons under 21 years of age; and
WHEREAS, California Business and Professions Code Section 22956 requires that tobacco retailers check the identification of tobacco purchasers, to establish the age of the purchaser, if the purchaser reasonably appears to be under 21 years of age; WHEREAS, California Business and Professions Code Section 22952 and California Penal Code Section 308 require that tobacco retailers post a conspicuous notice at each point of sale stating that selling tobacco products to anyone under 21 years of age is illegal; WHEREAS, California Business and Profession Code Section 22962 prohibits the sale or display of any tobacco product or paraphernalia, including electronic smoking devices though a self-service display or vending machine and prohibits public access to cigarettes without the assistance of a clerk;
WHEREAS, California Health and Safety Code section 104559.5 prohibits the sale of flavored tobacco products including flavored e-cigarettes and menthol cigarettes in retail stores in California;
WHEREAS, California Business and Professions Code Section 22971.3 authorizes local authorities to adopt tobacco retailer licensing laws to provide for the suspension and revocation of the local tobacco retailer license for any violation of a state tobacco control law; WHEREAS, studies have shown that local tobacco retail licensing programs coupled with a strong enforcement program substantially reduces youth access to tobacco; and NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the City Council of the City of La Mesa, California as follows:
SECTION 1: The City Council finds and determines that the foregoing recitals are true and correct and hereby adopts such recitals as findings.
SECTION 2: The City Council desires to add a new Chapter 6.07 entitled “Tobacco Retail License”, to the La Mesa Municipal Code as follows:
“Chapter 6.07
TOBACCO RETAIL LICENSE
6.07.010 Definitions.
The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section:
A. Authorized address means the name and mailing address authorized by each proprietor to receive all license-related communications and notices.
B. Electronic vapor device means any device with a heating element, a battery or an electronic circuit that provides nicotine or other vaporized liquids to the user in a manner that simulates smoking tobacco products, shisha, herbs or any other product that produces smoke.
C. Electronic vapor inhalation substance products means cartridges, cartomizers, e-liquid, smoke juice, tanks, tips, atomizers, vaporizers, electronic smoking device batteries, electronic smoking device chargers and any other item specifically designed for the preparation, charging, or use of electronic vapor devices.
D. Electronic vapor device retailers means any establishment that sells electronic cigarettes or any products used in conjunction with electronic cigarettes, including, but not limited to, kits, e-liquids and ‘juice’.
E. Hookah means a pipe commonly, but not always, made of glass, used for vaporizing and smoking tobacco, flavored tobacco, non-flavored tobacco, shisha, dried fruits or other substances in which vapor or smoke is passed through a water basin before inhalation.
F. Proprietor means a legal owner, operator or agent acting on behalf of the same or equivalent similar interest as qualified in this subsection. Legal ownership status interest shall be deemed to exist when a person has a ten percent or greater interest in the stock, assets or income of a business other than the sole interest of security for debt. Operator or agent status shall be deemed to exist when a person can or does have, or can or does share ultimate control over the day-to-day operations of a business.
G. Tobacco product means: (1) any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, dipping tobacco, or any other preparation of tobacco; (2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale or otherwise distributed with the expectation that the product or matter will be introduced into the human lungs or mouth; (3) any electronic vapor device, electronic vapor inhalation substance and hookahs; and (4) any plant, weed or plant product that is manufactured, sold, offered for sale or otherwise distributed with the expectation that the product or matter will be introduced into the human lungs or mouth in smoke or vapor form, using any tobacco paraphernalia, but does not include any product specifically approved by the Federal Food and Drug Administration for use in treating nicotine or tobacco product dependence.
H. Tobacco paraphernalia means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines and any other item designed for the smoking or ingestion of tobacco products, hookahs, electronic vapor devices and electronic vapor inhalation substances.
I. Tobacco retailer means any person or proprietor who personally or through an agent, employee, contractor or other intermediary sells, offers for sale or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia, hookahs, electronic vapor devices and electronic vapor inhalation substances. ‘Tobacco retailing’ shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products or tobacco paraphernalia sold, offered for sale, exchanged or offered for exchange.
6.07.020 Requirement for tobacco retailer license.
A. It shall be unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer’s license pursuant to this chapter for each location at which that activity is to occur.
B. A license may only issue to authorize tobacco retailing at a specified fixed address legally zoned for commercial activities at the location. For example, tobacco retailing by persons on foot and tobacco retailing from vehicles shall be prohibited.
C. The license fee established pursuant to Section 6.07.060 confers paid status upon a license for a term of one year. Each tobacco retailer shall apply for the renewal of his or her tobacco retailer’s license no later than thirty days prior to expiration of the payment term.
D. Nothing in this chapter shall grant any person obtaining and maintaining a tobacco retailer’s license any status or right other than the right to act as a tobacco retailer at the location in the City specified in the license. For example, nothing in this chapter shall render inapplicable, supersede or apply in lieu of any other provision of applicable law, including, without limitation, any condition or limitation on smoking in enclosed places of employment made applicable to business establishments by California Labor Code Section 6404.5.
6.07.030 Application procedure.
Application for a tobacco retailer’s license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and signed by each proprietor or an authorized agent thereof. A proprietor proposing to conduct tobacco retailing at more than one location shall submit a separate application for each location. It is the responsibility of each proprietor to be informed of the laws affecting the issuance of a tobacco retailer’s license. All applications shall be submitted on a form supplied by the City and shall contain the following information:
A. The name, address and telephone number of each proprietor.
B. The business name, address and telephone number of the single fixed location for which a tobacco retailer’s license is sought.
C. The authorized address for each proprietor. If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subsection B above.
D. Whether any proprietor has previously been issued a license pursuant to this chapter that is, or was at any time, suspended or revoked and, if so, the dates of the suspension period or the date of revocation.
E. Such other information as the City Manager deems necessary for the administration or enforcement of this chapter.
6.07.040 Issuance of license.
Upon the receipt of an application for a tobacco retailer’s license and the license fee, the City shall issue a license unless reasonable evidence in the record demonstrates one of the following basis for denial:
A. The application is incomplete or inaccurate; or
B. The application seeks authorization for tobacco retailing by a proprietor for which or whom a suspension is in effect pursuant to this chapter; or C. The application seeks authorization for tobacco retailing by a proprietor for which or whom a suspension is in effect pursuant to this chapter; or at a location which has had a license revoked pursuant to this chapter provided; however, this subsection shall not constitute a basis for denial of a license if the applicant provides the City with documentation demonstrating by clear and convincing evidence that the applicant: (1) was not a proprietor at the time that: (a) a violation of this chapter occurred, or (b) an appeal of a citation for a violation of this chapter was pending; and (2) has acquired or is acquiring the premises or business in an arm’s length transaction. For the purposes of this subsection, an “arm’s length transaction” is defined as a third-party sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, proprietors or a sale for the primary purpose of avoiding the effect of the violation of this chapter that occurred at the location, shall not constitute an ‘arm’s length transaction’; or
D. The application seeks authorization for tobacco retailing that is prohibited pursuant to the La Mesa Municipal Code (e.g., mobile vending) or that is unlawful pursuant to any other local, state or federal law.
6.07.050 Other requirements and prohibitions.
A. Display of License. Each license shall be prominently displayed in a publicly visible location at the licensed premises.
B. Positive Identification Required. No person shall engage in tobacco retailing without first examining the identification of each purchaser and confirming that the proposed sale is to a purchaser who is at least the minimum age pursuant to state law for being sold the tobacco product or tobacco paraphernalia.
D. Minimum Age for Persons Selling Tobacco. No person shall engage in tobacco retailing if the person is younger than the minimum age pursuant to state law for being sold or for possessing any tobacco product.
6.07.060 Fees for license.
A. The fee to issue or to renew a tobacco retailer’s license shall be established by resolution of the City Council pursuant to applicable law.
6.07.070 Licenses nontransferable.
A tobacco retailer’s license is nontransferable except between existing proprietors holding a license at the same location. If the information required in the license application pursuant to this chapter changes, a new tobacco retailer’s license is required before the business may continue to act as a tobacco retailer. For example, if a proprietor to whom a license has been issued changes business location, that proprietor must apply for a new license prior to acting as a tobacco retailer at the new location. Also, if the business is sold, the new owner must apply for a license for that location before acting as a tobacco retailer.
6.07.080 License violation and compliance monitoring.
A. Violation of Tobacco-Related Laws. It shall be unlawful for a tobacco retailer or his or her agent or employee to violate any local, state or federal tobacco-related law.
B. License Compliance Monitoring.
1. Compliance checks shall be conducted by any peace officer, code enforcement official, or contractor designated by the City.
2. The City, in partnership with an outside Contractor, shall check the compliance of each tobacco retailer. The compliance checks shall be conducted to determine, at a minimum, if the tobacco retailer is complying with tobacco laws regulating underage sales. The designated department, or the police department, in assisting the City in performing compliance checks, shall use underage decoys and comply with the City’s protocols for the compliance checks developed in consultation with the San Diego County Department of Health and Human Services, the San Diego County District Attorney, and the City Attorney’s Office. When appropriate, the compliance checks shall determine compliance with other tobacco-related laws.
3. The City shall not enforce any tobacco-related minimum-age law against a person who otherwise might be in violation of such law because of the person’s age (the “underage decoy”) if the potential violation occurs when:
a. The underage decoy is participating in a compliance check supervised by a peace officer, code enforcement official, or contractor designated by the City; or b. The underage decoy is participating in a compliance check funded in part by the San Diego County Department of Health and Human Services, funded in part, either directly or indirectly through sub-contracting, by the California Department of Health Services, or funded in part directly by fees or fines collected from tobacco retailers under this chapter.
6.07.90 Penalties for violation.
A. In addition to any other penalty authorized by law, a tobacco retail license may be suspended or revoked if the City finds, after notice to the tobacco retailer and opportunity to be heard, that the tobacco retailer or his or her agents or employees has or have violated any of the provisions of this chapter or any applicable City, state or federal law; provided; however, violations by the tobacco retailer at one location may not be accumulated against other locations of that same tobacco retailer, nor may violations accumulated against a prior tobacco retailer at a licensed location be accumulated against a new tobacco retailer at the same licensed location.
1. Upon a finding by the City of a first license violation within any thirty-sixmonth period, the City shall:
a. Require the tobacco retailer to pay an administrative fine in the amount of $1,000 (one thousand dollars). The City may conduct additional compliance checks within the 12 months (twelve month) of the first violation; b. Advise the tobacco retailer of the penalties for further violations of the ordinance; and
c. Require the tobacco retailer to provide documentation to the City that all employees engaged in the retail sales of tobacco have received training in a City approved program within 60 days after the warning, or such other time as shall be set by the City.
2. Upon a finding by the City of a second license violation within any thirtysix-month period, the license shall be suspended for 60 days. The City may conduct additional compliance checks within the 12 months (twelve month) of the second violation;
3. Upon the finding by the City of a third license violation within any three-year period, the license shall be suspended for one year (365 days). The City may conduct additional compliance checks within the 12 months (twelve month) of the second violation;
4. Upon a finding by the City of a fourth license violation within any within any thirty-six-month period, the license shall be permanently revoked.
B. Suspension of License for Failure to Pay Renewal Fee. A tobacco retailer’s license that is not timely renewed pursuant to Section 6.07.020(D) shall automatically be suspended by operation of law. If not renewed, a license shall be automatically revoked two years after the renewal date. To reinstate the paid status of a license that has been suspended due to the failure to timely pay the renewal fee, the proprietor must:
1. Submit the renewal fee plus a reinstatement fee of ten percent (10%) of the renewal fee; and
2. Submit a signed affidavit affirming that the proprietor has not sold any tobacco product or tobacco paraphernalia during the period the license was suspended for failure to pay the renewal fee.
C. Revocation of License Issued in Error. A tobacco retailer’s license shall be revoked if the City finds, after notice and opportunity to be heard, that one or more of the basis for denial of a license under Section 6.07.40 of this chapter existed at the time application was made or at any time before the license issued. The revocation shall be without prejudice to the filing of a new application for a license.
D. Appeal of Suspension or Revocation. A decision to revoke or suspend a license may be appealed by a proprietor or a tobacco retailer by means of an administrative hearing before an independent fact finder pursuant to applicable law. The appeal may also include a challenge to any fine accompanying the suspension or revocation. Any appeal must be filed with the City Clerk within ten (10) calendar days of mailing of the City’s decision and be accompanied by the full amount of any applicable fine as provided in chapters 1.07 and 1.09. An appeal shall stay all proceedings in furtherance of the appealed action.
E. Appeal of Fine. Any appeal of a fine not involving a suspension or revocation must be conducted pursuant to chapters 1.07 and 1.09.
F. An administrative hearing to appeal a decision of the City to issue a fine and revoke or suspend a license held pursuant to subdivision (A) paragraphs (2) through (4) of this section, and subdivision (D) of this section is civil in nature and therefore the burden of proof required is a preponderance of the evidence. In such an appeal the administrative hearing officer shall only determine whether the violations of this chapter occurred in the time periods set forth in subdivision (A), paragraphs (2), (3) or (4), or subdivision (D) of this section. The administrative hearing officer shall not consider the appropriateness of the amount of the fine or whether the length of suspension of a license, or revocation of the license, creates a financial hardship on the tobacco retailer; nor shall the administrative hearing officer grant the applicant any stay of execution or delay of enforcement of a suspension or revocation sustained following the hearing.
G. The rules of evidence in an administrative hearing to appeal a decision of the City to revoke or suspend a license held pursuant to Section 6.07.090 (A) or (D) shall be in accordance with California Government Code Sections 11513 and 11514 as those sections are amended from time to time. Except as provided in this subdivision (F), the provisions of administrative adjudication for the State of California (Chapter 5 of Part 1 of Division 3 of Title 2 of the California Government Code) shall not apply to any administrative hearing under this chapter.
6.07.100 Administrative fine.
A. Grounds for Fine. In addition to any other remedies available at law or in equity, if the City finds, based on substantial evidence, that any unlicensed person, including a person named on a revoked or suspended license, has engaged in tobacco retailing in violation of Section
6.07.20 of this chapter, the City shall impose an administrative fine on that person pursuant to Section 6.07.110 (C) of this chapter.
B. Appeal to Superior Court of Limited Jurisdiction. Notwithstanding the provisions of Section 1094.5 or 1094.6 of the Code of Civil Procedure, and in accordance with Chapter 1.03 of the La Mesa Municipal Code, within twenty (20) days after mailing or personal service of the hearing officer’s decision and findings, any person subject to a fine may seek review of the hearing officer’s decision and findings by the superior court of limited jurisdiction. A copy of the notice of appeal to the superior court shall be timely served in person or by first-class mail upon the City by the contestant. The appeal shall be heard de novo, except that the contents of the City’s file in the case shall be received in evidence. A copy of the records of the City of the notices of the violation and of the hearing officer’s decision and findings shall be admitted into evidence as prima facie evidence of the facts stated therein.
C. Failure to Pay Fine. If no timely notice of appeal to the superior court is filed, or the City is not timely served with a copy of a notice of appeal, the hearing officer’s decision and findings shall be deemed confirmed and the fine shall be collected pursuant to Section 1.07.160 of the La Mesa Municipal Code.
6.07.110 Enforcement.
In addition to other remedies provided by this chapter or any applicable City, state, or federal law, any violation of this chapter may be remedied by a civil action brought by the City Attorney including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings and suits for injunctive relief. The City may recover reasonable attorney fees and costs of suit in any civil action brought by the City Attorney to remedy any violation of this chapter.
SECTION 3. This Ordinance shall be effective 30 days after its adoption and operative commencing 90 days hence pursuant to Section 4 of this Ordinance. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing a newspaper of general circulation published in the City of La Mesa.
SECTION 4. This Ordinance shall be effective pursuant to Section 3; however, for notice and educational purposes related to its content, implementation and enforcement, it shall become operative 90 days subsequent to its effective date.
INTRODUCED AND READ at a Regular meeting of the City Council of the City of La Mesa, California, held the 12th day of December 2023, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the 9th day of January 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________
MARK ARAPOSTATHIS, Mayor
ATTEST:
___________________________________
MEGAN WIEGELMAN, CMC, City Clerk
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and correct copy of Ordinance No. 2024- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited and that the same has been duly published according to law.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
DATE: January 9, 2024
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, City Clerk
VIA: Greg Humora, City Manager
Glenn Sabine, City Attorney
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LA MESA REPEALING CHAPTER
3.24 OF THE LA MESA MUNICIPAL CODE RELATED TO PERSONNEL
MATTERS IN ITS ENTIRETY
At the December 12, 2023 City Council meeting, the City Council unanimously approved the introduction and first reading of a City Council Ordinance repealing Chapter 3.24 of the La Mesa Municipal Code related to personnel matters in its entirety.
Staff recommends the City Council approve the second reading and adoption of the City Council Ordinance.
ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA REPEALING CHAPTER 3.24 OF THE LA MESA MUNICIPAL CODE RELATED
TO PERSONNEL MATTERS IN ITS ENTIRETY
WHEREAS, presently, the La Mesa Municipal Code (LMMC) addresses the administrative and operational aspects of vacation time and holiday pay; WHEREAS, however, in actuality, many substantial components of the administrative and operational aspects related to vacation time and holiday pay are contained in existing administrative policies and memoranda of understanding; WHEREAS, in order to create a more unified and consistent approach to the administrative and operational aspects related to vacation time and holiday pay, the City Council, on the recommendation of City staff, desires to repeal Chapter 3.24 of the LMMC, entitled “Vacations and Holidays”; and
WHEREAS, in the event this Ordinance becomes effective, the City Council does hereby direct the City Manager or his or her designee to revise administrative policies, procedures and amend memoranda of understanding as necessary to incorporate the appropriate repealed provisions of Chapter 3.24 of the LMMC into the same.
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the City Council of the City of La Mesa, California as follows:
SECTION 1: Chapter 3.24 of the La Mesa Municipal Code is hereby repealed in its entirety.
INTRODUCED AND READ at a Regular meeting of the City Council of the City of La Mesa, California, held the 12
th day of December 2023, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the 9
th day of January 2024, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________
MARK ARAPOSTATHIS, Mayor
ATTEST:
___________________________________
MEGAN WIEGELMAN, CMC, City Clerk
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and correct copy of Ordinance No. 2024- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited and that the same has been duly published according to law.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)