Minutes — La Mesa City Council, February 13, 2024

City Council - February 13, 2024

1. CALL TO ORDER
Public Comments:

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

The Agenda Items were considered in the order presented.

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

1.1 INVOCATION - COUNCILMEMBER DILLARD
Public Comments:

1.2 PLEDGE OF ALLEGIANCE
Public Comments:

2. CITY MANAGER COMMENTS
Public Comments:

There were no comments.

3. COMMUNITY BULLETIN REPORTS
Public Comments:

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

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

There were no additions or deletions to the agenda.

5. PRESENTATIONS
Public Comments:

5.1 MAYOR'S STATE OF THE CITY REPORT
Attachments
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Public Comments

1. Memo - Mayors State of the City Report.pdf

2. State of the City 2023.pdf

3. 2023 State of the City Video.pdf
The Mayor presented the State of the City Video which highlighted the City's many achievements in 2023 and the completed, ongoing and future projects and initiatives the City undertook.

5.2 BUDGET MONITORING REPORT
Attachments
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Public Comments

1. Memo_Budget Monitoring Report FY24QTR2.pdf

2. Attachment A - 2023-2024 Q2 BMR.pdf

3. 2023-2024 Budget Monitoring Report Quarter 2_PowerPoint.pdf Finance Director Royales reported on the national, state and local economic outlook, main sources of tax revenue, sales tax revenues, and the performance of the City’s General Fund for quarter ending December 31, 2023.

Following Council questions and comments, no action was taken.

5.3 CITY TREASURER'S QUARTERLY REPORT
Attachments
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Public Comments

1. Staff Report_Treasurer's Report 12-31-23.pdf

2. Attachment A - Schedule of Investments Summary.pdf

3. Attachment B - Schedule of Investments.pdf

4. Treasurer's Report_PowerPoint.pdf
City Treasurer Strabone made a presentation regarding the investment earnings for the quarter ending December 31, 2023.

Following Council questions and comments, no action was taken.

5.4 BOARD AND COMMISSION WORK PLANS
Attachments
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Public Comments

1. Memo_2024 Board and Commission Work Plans 2024-02-13.pdf

2. Attachment A - 2024 Arts and Culture Commission Work Plan.pdf

3. Attachment B - 2024 Community Services Commission Work Plan.pdf

4. Attachment C - 2024 Planning Commission Work Plan.pdf

5. Attachment D - 2024 Youth Advisory Commission Work Plan.pdf

ARTS AND CULTURE COMMISSION

COMMUNITY SERVICES COMMISSION

PLANNING COMMISSION

YOUTH ADVISORY COMMISSION
Arts and Culture Commission Chair Karen Childress-Evans presented the Commission's 2024 Work Plan.

Community Services Commission Chair Parker Ross presented the Commission's 2024 Work Plan.

Planning Commission Chair Jerry Jones presented the Commission's 2024 Work Plan.

Youth Advisory Commission Chair Zaida Donnelly presented the Commission's 2024 Work Plan.

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

John Schmitz spoke on the third grade class tours of the La Mesa Library, Police Department, Fire Department, and City Hall during the months of February and March.

Brenda Hammond spoke about people getting along with each other.

Noel Bray-Hoagland spoke on his concerns with the abandoned property at 4951-4953 Clearview Way.

City Attorney Sabine provided an update on the abandoned property at 4951-4953 Clearview Way.

Andrea Beth Damsky spoke regarding Council's actions and words during official City proceedings and on ethnic relations.

Dianne Osterling spoke about her concerns with septic systems.

Annalise Frankfort spoke on ethnic relations.

Julie White spoke on ethnic relations.

Jim Adkisson spoke on ethnic relations.

Gabe Stutman spoke on ethnic relations.

Travis Rockwell spoke on ethnic relations.

Gene Carpenter spoke on ethnic relations and the acceptance of others.

Bill Shaner spoke on ethnic relations.

Jim Conley spoke on ethnic relations.

Johnny Rebel spoke on ethnic relations.

7. CONFLICT DISCLOSURES
Public Comments:

There were no conflict of interest disclosures.

8. BOARD AND COMMISSION INTERVIEWS
Public Comments:

8.1 ANNUAL INTERVIEW OF APPLICANTS FOR OPENINGS ON THE CITY’S COMMUNITY POLICE OVERSIGHT BOARD Attachments
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Public Comments

1. Memo_2024 CPOB Annual Interview of Applicants.pdf

2. Attachment A - 2024 Applicant Matrix_CPOB.pdf
City Clerk Wiegelman briefly explained the interview process and stated Leroy Johnson was not able to attend the City Council meeting due to a prior commitment but expressed their interest in being considered for reappointment to the Community Police Oversight Board (CPOB). City Clerk Wiegelman informed the Council that Ana Gonzalez Seda had withdrawn their application.

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

Manuel Gomez
Frank Harris III
Aaron Landau
Peggy Lewis
Jeffrey Scott McIllwain
Rebekah Winfree
City Clerk Wiegelman said the appointments would be made at a future City Council meeting.

Council questions and comments ensued.

ACTION
: Following discussion, it was the consensus of the Council to create an ad hoc subcommittee comprised of Mayor Arapostathis and Councilmember Dillard for the purpose of nominating members for appointment or reappointment to the CPOB.

9. BOARD AND COMMISSION APPOINTMENTS
Public Comments:

9.1 RESOLUTION APPOINTING A MEMBER TO FILL THE UNSCHEDULED VACANCY ON THE ARTS AND CULTURE COMMISSION Attachments
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Public Comments

1. Memo_Arts and Culture Commission Appointment 2024-02-13.pdf

2. Attachment A - Resolution Arts and Culture Commission Appointment.pdf

3. Attachment B_List of Applicants Arts and Culture Commission.pdf Mayor Arapostathis nominated Sherida Bonton for appointment to the Arts and Culture Commission.

Resolution No. 2024-005
Moved By
Mayor Arapostathis
Seconded By
Councilmember Parent
Approve the appointment of Sherida Bonton to the Arts and Culture Commission and adopt Resolution confirming the appointment.

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

9.2 RESOLUTION APPOINTING A MEMBER TO FILL THE UNSCHEDULED VACANCY ON THE DESIGN REVIEW BOARD Attachments
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Public Comments

1. Memo_DRB Appointment 2024-02-13.pdf

2. Attachment A - Resolution Design Review Board Appointment.pdf

3. Attachment B_List of Applicants DRB.pdf
Mayor Arapostathis nominated Alison Morita for appointment to the Design Review Board.

Resolution No. 2024-006
Moved By
Mayor Arapostathis
Seconded By
Councilmember Parent
Approve the appointment of Alison Morita to the Design Review Board and adopt Resolution confirming the appointment.

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

10. PUBLIC COMMENTS ON CONSENT CALENDAR
Public Comments:

Bonnie Baranoff submitted a comment on Item 11.4.

Mairs Ryan submitted a comment on Item 11.7.

11. CONSENT CALENDAR
Public Comments:
(Items 11.1 through 11.7)
*If a public hearing item is part of the Consent Calendar, the public hearing shall be deemed held if the item is not removed from the Consent Calendar for discussion and possible action (Item 11.7).

Item 11.7 was pulled for a public hearing.

Moved By
Mayor Arapostathis
Seconded By
Councilmember Parent
Approve Consent Calendar Items 11.1 through 11.6.

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

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

Approve.

11.2 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETINGS HELD TUESDAY, JANUARY 9 AND JANUARY 23, 2024 Attachments
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Public Comments

1. Post-Meeting Minutes - CCM_Jan09_2024.pdf

2. Post-Meeting Minutes - CCM_Jan23_2024.pdf
Approve.

11.3 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL SPECIAL MEETING HELD TUESDAY, JANUARY 23, 2024 Attachments
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Public Comments

1. Post-Meeting Minutes - City Council Special Meeting (Closed Session)_Jan23_2024.pdf Approve.

11.4 HOMELESS OUTREACH AND MOBILE ENGAGEMENT (HOME) PROGRAM QUARTERLY REPORT (OCTOBER 2023 - DECEMBER 2023) Attachments
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Public Comments

1. Memo_HOME Quarterly Report Q4.pdf

2. Attachment A - HOME Quarterly Report Q4 2023 (002).pdf Bonnie Baranoff
Thank you, Chief Sweeney, for this enlightening and hopeful report. The HOME Program continues to excel at assisting some of our most vulnerable neighbors, whether unhoused or close to losing their homes. Earl and Mathew are a great team! Receive and file.

11.5 RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A MEMORANDUM OF AGREEMENT BETWEEN THE POLICE DEPARTMENT AND THE SAN DIEGO COUNTY SHERIFF'S DEPARTMENT FOR THE OPERATION STONEGARDEN GRANT Attachments
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Public Comments

1. Staff Report_Operation Stonegarden Grant.pdf

2. Attachment A - OPSG Resolution 2022-2023.pdf

3. Attachment B - Exhibit A -2022 OPSG Budget Worksheet.pdf

4. Attachment C - Exhibit B-2022 OPSG Standard Assurances.pdf

5. Attachment D - Exhibit C-2022 OPSG Required Federal Grant Provisions.pdf

6. Attachment E - Exhibit D-2022 OPSG Byrd Anti-Lobbying Certification Form.pdf

7. Attachment F - 2022 OPSG_Memorandum Of Agreement_FINAL.pdf Resolution No. 2024-007
Adopt Resolution.

11.6 RESOLUTIONS FOR A STATE REVOLVING FUND LOAN (NO. 8608-110) WITH THE STATE OF CALIFORNIA Attachments
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Public Comments

1. Staff Report_Authorizing Execution of an SRF Loan 2024-02-13.pdf

2. Attachment A - Resolution to Execute the Agreement.pdf

3. Appendix A to Attachment A.pdf

4. Attachment B - Resolution to Accept Loan Funds.pdf

5. Attachment C - Project Map.pdf

6. Attachment D - SRF Loan Payment Sheet.pdf
Adopt Resolutions.

RESOLUTION AUTHORIZING EXECUTION OF A LOAN AGREEMENT (NO. 8608-110) WITH THE STATE OF CALIFORNIA FOR A STATE REVOLVING FUND LOAN Public Comments:

Resolution No. 2024-008
Adopt Resolution.

RESOLUTION ACCEPTING THE FUNDS FROM THE STATE REVOLVING FUND LOAN (NO. 8608-110) AND APPROPRIATING THE EXPENDITURE IN THE CAPITAL IMPROVEMENT PROGRAM PROJECT ACCOUNT Public Comments:

Resolution No. 2024-009
Adopt Resolution.

11.7 *RESOLUTION ORDERING THE SUMMARY VACATION OF AN EASEMENT FOR PUBLIC SIDEWALK AND UTILITY PURPOSES ENCUMBERING 4757 PALM AVENUE Attachments
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Public Comments

1. Staff Report_SUMMARY VACATION OF EASEMENT ENCUMBERING 4757 PALM AVENUE 02-13-2024.pdf

2. Attachment A - Resolution.pdf

3. Attachment B - Vacation Exhibit.pdf
Mairs Ryan
Mayor and Council members,
I am concerned about the vacation of the easement on Palm and Allison. Presently, there is a lovely pocket park that borders a bioswale filled with native plants.

My concern is that these established native plants and trees will be destroyed without re-planting them elsewhere.

With the city's emphasis on tree-planting and low water plants it would be an environmental faux pas to destroy established native landscaping.

Thank you for your consideration.

Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice.

Mayor Arapostathis opened the hearing for Item 11.7.

Director of Public Works/City Engineer Throne explained the purpose and process of the summary vacation and described the location of the easement.

Council questions and comments ensued.

City Clerk Wiegelman read aloud the eComment from Mairs Ryan.

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

For (5)
Mayor Arapostathis, Councilmember Shu, Councilmember Parent, Councilmember Dillard, and Vice Mayor Lothian Approved (5 to 0)
Resolution No. 2024-010
Moved By
Mayor Arapostathis
Seconded By
Councilmember Parent
Adopt Resolution.

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

12. STAFF REPORT
Public Comments:

12.1 RESOLUTION AWARDING RFP 24-06 TO RICK ENGINEERING COMPANY FOR PROFESSIONAL SERVICES FOR THE PREPARATION OF PHASE 1 OF THE DOWNTOWN VILLAGE SPECIFIC PLAN UPDATE Attachments
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Public Comments

1. Staff Report_Rick Engineering Company DVSP Update 2024-02-13.pdf

2. Attachment A - Resolution Rick Engineering Company.pdf

3. Attachment B - RFP 24-06 Downtown Village Specific Plan Update.pdf

4. Attachment C- Rick Engineering Phase 1 Proposed Scope of Work.pdf

5. Item 12.1 Phase 1 Downtown Village Specific Plan Update_PowerPoint.pdf Community Development Director Santos provided a PowerPoint presentation on the award of a professional services contract to RICK Engineering for the Phase 1 Downtown Village Specific Plan Update, highlighting the Request for Proposal, the Downtown Village Specific Plan area, the Downtown Village, the phased approach of the project, and RICK Engineering.

Council questions and comments ensued.

Dianne Osterling spoke on the condition of the City's infrastructure.

Resolution No. 2024-011
Moved By
Mayor Arapostathis
Seconded By
Councilmember Parent
Adopt Resolution awarding a Professional Services Contract to RICK Engineering Company for Phase 1 of the Downtown Village Specific Plan Update.

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

13. COUNCIL INITIATED
Public Comments:

13.1 CONSIDERATION OF DIRECTING STAFF TO DRAFT AN ORDINANCE OR ORDINANCES LIMITING THE USE OF SINGLE USE PLASTICS AND OTHER PRODUCTS WHICH ARE MAJOR CONTRIBUTORS TO TRASH AND POLLUTION Attachments
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Public Comments

1. Memo_CI.Dillard.Shu.Single Use Plastics Ordinance 2024-02-13.pdf Nadine Scott
I completely support items 13.1 and 13.2 that restrict the use of plastics. Those substances are choking out our rivers, streams and wildlife.

Thank you for accepting my comments.

Nadine Scott, A proud Surfrider Member
William L. Hohnhorst
As a longtime La Mesa resident, my wife and totally agree with this proposed ordinance and would like to see it passed and implemented as soon as possible.

Wendy Mihalic
Mayor and Council Members
I applaud Council members Dillard and Shu for bringing this action to forward and I urge Council to direct staff to draft a single use plastic reduction ordinance and implementation plan for adoption as soon as practical.

The need to stop plastics from entering our environment is undisputed. According to the UN Environment Program, the world is drowning under the weight of plastic pollution, with more than 430 million tonnes of plastic produced annually. Two-thirds are short-lived products that soon become waste, filling the ocean and, often, working their way into the human food chain.

Those of us who have volunteered at La Mesa clean-up events know all too well that most of the liter we collect is single use plastics.

Half of the cities in San Diego County have adopted plastic reduction ordinances. Each of them did so while recognizing the need for follow-up outreach and education to both residents and businesses. Many have used the business community to help spread the word. In addition to the Oceanside Chamber of Commerce, MainStreet Oceanside, the association that oversees their downtown businesses has been tapped with educating businesses and addressing any confusion on the ordinance. Vista adopted their ordinance with a specific implementation plan. There too, the Vista Chamber of Commerce has shown interest in engaging with the city for a public awareness campaign.

We don’t have to reinvent the wheel. There are blueprints from nine cities in the County that La Mesa can use to inform our ordinance. Those cities have experience from enacting these bans that La Mesa can benefit from. One place to look is our own back yard. Amanda Lee, our Assistant City Manager, held the same position in Vista when their ordnance was adopted.

We don’t need to wait to draft an ordinance. We can do that now. I urge Council to direct staff to draft a single use plastic reduction ordinance and implementation plan for adoption as soon as practical.

Respectfully,
Wendy Mihalic
La Mesa Resident
Mairs Ryan
I support Agenda items 13.1 and 13.2 and look forward to this Council approving the direction to staff to draft an ordinance, or ordinances, limiting the use of single-use plastics and other products in La Mesa, including at public events.

We have become accustomed to seeing the plastic trash on the by-ways everywhere and certainly, many of us have picked up our share of it. However, now we know–thanks to Oceana–that there are plastics we cannot see; plastics that have broken down into nano, that is, microscopic, particles.

The National Library of Medicine has conducted studies on the far-reaching effects of these nano plastics on the human body. Their findings tell me that my one-month old grandson was very likely born with plastic particles in his system.* And as I hold him, I am aware that the real fight with plastics is the battle against our overarching reliance on crude oil and coal from which the plastic is made.** Our Climate Action Plan is a road map to reducing our reliance on fossil fuels. And the CAP implementation map– that we have been waiting and waiting for–will lead us to addressing the plastic problem more accurately.

There has been discussion about public events that hand out water bottles for hydration-an important health safeguard for sure. Let’s invest instead in large containers with paper cups as other large groups are already doing.

In closing, a huge thank you to the city for the revamp of Collier Park. May plastic trash never touch those grounds! *https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9611505/
**https://www.bpf.co.uk/plastipedia/how-is-plastic-made.aspx Ron Askeland
Dear Mayor and City Council, I support a single-use plastic reduction ordinance that will phase-out unnecessary single-use plastics in La Mesa.

Please direct staff to draft a single-use plastic reduction ordinance that will phase-out single-use plastic foodware and polystyrene foam for restaurant service and retail sales and will eliminate single-use plastic bags for retail and restaurants. I also support phasing out single-use plastic water bottles for City facilities and City-sponsored events. In addition, the release of helium-filled balloons should be banned in La Mesa.

Christina Potter
Thank you for your consideration of this important issue. Single-use plastics contribute to both environmental and health hazards, as well as to significant neighborhood debris, and I hope that you will demonstrate leadership when it comes to eliminating the proliferation of single-use plastics in our community. I especially appreciate the consideration of phasing out single-use foodware, Styrofoam, and beverage bottles...as well as the use of *any* plastic bags in retail and restaurants (which I hope will include the "thicker" plastic bags that continue to contribute to plastic waste). While plastic is convenient and cheap, there are alternatives, and I hope that La Mesa will make the commitment to the kind of long-term sustainability our community deserves.

Christopher Glenn
Thank you for your consideration of measures limiting single-use plastic foodware, bags, and beverage bottles, as well as, intentional balloon releases.

Government best practices to reduce single-use plastic include implementing sustainable procurement plans, educating the public, and enacting policies to reduce plastic waste. These practices aim to shift public behavior and reduce the environmental impact of single-use plastic products. Specific measures include sourcing locally, avoiding air-freight transported goods, and promoting the reuse of single-use plastic items when possible. Local governments have a significant role by amending internal procurement policies and enacting bans on single-use plastics in public places and events. Working together we can effectively reduce the environmental impact of single-use plastics.

Mustafa Dost
The responsibility of authority is to restrict a populace into peace and prosperity. Either cannot exist without the consideration of a city's waste and its management. Unless La Mesa's agenda is to emulate the waste systems of past European structures which polluted rivers into open sewers. A vote towards preserving the single-use plastics issue violates the Council's responsibility to their constituents. But, forming a policy without input from professionals would pervert the role as well. The La Mesa City Council must agree to curb single-use plastics based on educated policy.

Vote yes with the strength of a purpose fulfilled.

COUNCILMEMBER DILLARD AND COUNCILMEMBER SHU
Councilmember Dillard and Councilmember Shu explained the purpose for requesting Council direct staff to draft an ordinance or ordinances limiting the use of single use plastics and other products that are major contributors to trash and pollution.

Council questions and comments ensued.

The following members of the public spoke or submitted a comment in support of directing staff to draft an ordinance or ordinances limiting the use of single use plastics and other products that are major contributors to trash and pollution:

Nadine Scott
William Hohnhorst
Wendy Mihalic
Mairs Ryan
Ron Askeland
Christina Potter
Christopher Glenn
Mustafa Dost
Janis Jones
Mitch Silverstein
Leann Littleton
The following members of the public spoke in opposition of directing staff to draft an ordinance or ordinances limiting the use of single use plastics and other products that are major contributors to trash and pollution:

Ned Swanson
Brenda Leek
Michelle Huey
Council questions and comments continued.

Moved By
Councilmember Shu
Seconded By
Councilmember Dillard
Create a Council Ad Hoc Subcommittee comprised of Councilmember Dillard and Councilmember Shu for the purpose of working with staff to research, review the feasibility, and iron out the details for a draft ordinance(s) for Council consideration that would address the following areas: (a) reduction of plastic bags and containers from retailing establishments and restaurants; (b) prohibition on the use of polystyrene and styrofoam for packaging materials, drink and food service ware, cookware, and storage for cooked and uncooked food; (c) service items such as flatware and utensils, including straws and stirrers, would be provided only upon request and would be made of compostable materials; and (d) the ban of the intentional release of all lighter than air balloons into the sky. The Council Ad Hoc Subcommittee would meet with stakeholders to address concerns and receive feedback when drafting the ordinance(s).

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

13.2 CONSIDERATION OF DIRECTING STAFF TO DRAFT A CITY POLICY PROHIBITING SPONSORED EVENTS FROM PROVIDING, USING, OR ALLOWING THE SALE OF PLASTIC BOTTLED WATER - COUNCILMEMBER DILLARD AND COUNCILMEMBER SHU Attachments
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Public Comments

1. Memo_CI.Dillard.Shu.Plastic Water Bottle Policy 2024-02-13.pdf Councilmember Dillard and Councilmember Shu explained the purpose for requesting Council direct staff to draft a City policy prohibiting sponsored events from providing, using, or allowing the sale of plastic bottled water.

The following members of the public spoke in opposition to directing staff to draft a City policy prohibiting sponsored events from providing, using, or allowing the sale of plastic bottled water:

Bruce Chase
Michelle Huey
Mitch Silverstein spoke in support of directing staff to draft a City policy prohibiting sponsored events from providing, using, or allowing the sale of plastic bottled water.

Council questions and comments ensued.

Moved By
Councilmember Shu
Seconded By
Councilmember Dillard
Direct the Council Ad Hoc Subcommittee created and approved in Item 13.1 to work with staff to draft a City policy for Council consideration prohibiting sponsored events from providing, using, or allowing the sale of plastic bottled water. The policy would give the City Manager authority to grant exceptions in special circumstances and would go into effect one year after its adoption. The Council Ad Hoc Subcommittee would meet with stakeholders to address concerns and receive feedback when drafting the policy.

For (2)
Councilmember Shu, and Councilmember Dillard
Against (3)
Mayor Arapostathis, Councilmember Parent, and Vice Mayor Lothian Failed (2 to 3)

14. 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 CouncilFebruary 13, 2024

La Mesa City Council
February 13, 2024