La Mesa City Council
March 12, 2024

LA MESA CITY COUNCIL
AGENDA

A Regular Meeting

Date: Tuesday, March 12, 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.
•
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. *Live Remote Public Comment ONLY permitted during Councilmember teleconferencing pursuant to California Government Code Section 54953 (AB 2449).
*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. •
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 - MAYOR ARAPOSTATHIS

1.2 PLEDGE OF ALLEGIANCE

2. CITY MANAGER COMMENTS

3. COMMUNITY BULLETIN REPORTS

4. ADDITIONS AND/OR DELETIONS TO THE AGENDA

5. 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.

6. CONFLICT DISCLOSURES

7. 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.

8. CONSENT CALENDAR
(Items 8.1 through 8.8)
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 8.1 through 8.8.

8.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF

ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Recommended Motion:

Approve.

8.2 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETINGS HELD TUESDAY, FEBRUARY 13, AND TUESDAY,
FEBRUARY 27, 2024
1 Recommended Motion:

Approve.

8.3 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY

OF LA MESA AND PHOENIX INFORMATION SYSTEMS GROUP FOR

PARKING PERMIT PROCESSING AND PARKING CITATION

SERVICES
21 Staff Reference: Mr. Dedmon
Recommended Motion:

Adopt Resolution.

8.4 RESOLUTION APPROVING THE ALLOCATION OF GENERAL FUND

RESERVES AND AWARDING THE PURCHASE OF TWO FORD

HYBRID POLICE INTERCEPTOR UTILITY VEHICLES FOR THE

POLICE DEPARTMENT TO KEARNY MESA FORD AND VEHICLE
OUTFITTING TO AEP CALIFORNIA, LLC.
43 Staff Reference: Chief Sweeney
Recommended Motion:

Adopt Resolution.

8.5 RESOLUTION AWARDING A TASK ORDER TO STC TRAFFIC, INC.

FOR TRANSPORTATION PLANNING SERVICES FOR THE SPRING

STREET TRANSIT STATION MULTIMODAL ACCESS CONNECTIONS

STUDY PROJECT
58 Staff Reference: Mr. Throne
Recommended Motion:

Adopt Resolution.

8.6 RESOLUTION AUTHORIZING EXPENDITURE OF FUNDS TO MJC
CONSTRUCTION, INC. FOR EMERGENCY STORM DRAIN

CONSTRUCTION ON LEE AVENUE PURSUANT TO THE STATE OF
CALIFORNIA PUBLIC CONTRACT CODE SECTIONS 20168 AND
22050
67 Staff Reference: Mr. Throne
Recommended Motion:

Adopt Resolution.

8.7 RESOLUTION APPROVING THE FOURTH AMENDMENT TO THE

JOINT EXERCISE OF POWERS AGREEMENT FOR THE METRO

WASTEWATER JOINT POWERS AUTHORITY TO AMEND SECTION

3.02 AND SECTION 3.05 OF THE AGREEMENT
73 Staff Reference: Mr. Throne
Recommended Motion:

Adopt Resolution.

8.8 RESOLUTIONS FOR THE LEMON AVENUE PARKING LOT

IMPROVEMENTS PROJECT
81 Staff Reference: Mr. Throne
Recommended Motion:

Adopt Resolutions.
a. RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER
NO. 1 FOR THE LEMON AVENUE PARKING LOT
IMPROVEMENTS PROJECT, BID 24-04, TO SNZ
CONSTRUCTION, INC.

Recommended Motion:

Adopt Resolution.
b. RESOLUTION AUTHORIZING THE ALLOCATION OF
$402,605.84 FROM GENERAL FUND RESERVES AND
$100,000 FROM THE DOWNTOWN PARKING FUND

RESERVES TO THE CAPITAL IMPROVEMENT PROGRAM
FOR BID 24-04, LEMON AVENUE PARKING LOT

IMPROVEMENTS PROJECT
Recommended Motion:

Adopt Resolution.

9. HEARING

9.1 CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION’S APPROVAL OF RESOLUTION PC-2023-07 FOR THE CONTINUATION

OF THE CONDITIONAL USE PERMIT (CUP) AUTHORIZING
PERFORMANCE ENTERTAINMENT AT 9566 MURRAY DRIVE,

KNOWN AS THE CHARCOAL HOUSE
92 Staff Reference: Ms. Santos
Recommended Motion:

Close the hearing.

Recommended Motion:

Adopt Resolution affirming the Planning Commission’s approval of Resolution PC-2023-07, for the continuation of the Conditional Use Permit authorizing performance entertainment at 9566 Murray Drive, known as the Charcoal House, thus denying the appeal.

10. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)

11. AB 1234 REPORTS (GC 53232.3 (d))

12. CITY ATTORNEY REMARKS

13. ADJOURNMENT
1 La Mesa City Council
Minutes of a Regular Meeting
Date:

Location:

February 13, 2024, 6:00 pm
City Council Chambers, 8130 Allison Avenue
La Mesa, California

Present: Mayor Arapostathis
Vice Mayor Lothian
Councilmember Dillard
Councilmember Parent
Councilmember Shu
Staff: City Manager Humora
Assistant City Manager Lee
City Attorney Sabine
City Clerk Wiegelman
_____________________________________________________________________

1. CALL TO ORDER
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

1.2 PLEDGE OF ALLEGIANCE

2. CITY MANAGER COMMENTS
There were no comments.

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

2 4. ADDITIONS AND/OR DELETIONS TO THE AGENDA
There were no additions or deletions to the agenda.

5. PRESENTATIONS

5.1 MAYOR'S STATE OF THE CITY REPORT
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
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
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
 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.

3 6. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
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
There were no conflict of interest disclosures.

8. BOARD AND COMMISSION INTERVIEWS

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

4 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

9.1 RESOLUTION APPOINTING A MEMBER TO FILL THE

UNSCHEDULED VACANCY ON THE ARTS AND CULTURE

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

5 9.2 RESOLUTION APPOINTING A MEMBER TO FILL THE

UNSCHEDULED VACANCY ON THE DESIGN REVIEW BOARD
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, Vice Mayor Lothian, Councilmember Dillard, Councilmember Parent, and Councilmember Shu
Approved (5 to 0)

10. PUBLIC COMMENTS ON CONSENT CALENDAR
Bonnie Baranoff submitted a comment on Item 11.4.

Mairs Ryan submitted a comment on Item 11.7.

11. CONSENT CALENDAR
(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, Vice Mayor Lothian, Councilmember Dillard, Councilmember Parent, and Councilmember Shu
Approved (5 to 0)

11.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF

ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING

6 Approve.

11.2 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETINGS HELD TUESDAY, JANUARY 9 AND JANUARY 23, 2024
Approve.

11.3 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL SPECIAL MEETING HELD TUESDAY, JANUARY 23, 2024
Approve.

11.4 HOMELESS OUTREACH AND MOBILE ENGAGEMENT (HOME)
PROGRAM QUARTERLY REPORT (OCTOBER 2023 - DECEMBER
2023)
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
Resolution No. 2024-007
Adopt Resolution.

11.6 RESOLUTIONS FOR A STATE REVOLVING FUND LOAN (NO. 8608- 110) WITH THE STATE OF CALIFORNIA
Adopt Resolutions.
a. RESOLUTION AUTHORIZING EXECUTION OF A LOAN
AGREEMENT (NO. 8608-110) WITH THE STATE OF

CALIFORNIA FOR A STATE REVOLVING FUND LOAN
Resolution No. 2024-008
Adopt Resolution.
b. RESOLUTION ACCEPTING THE FUNDS FROM THE STATE
REVOLVING FUND LOAN (NO. 8608-110) AND

APPROPRIATING THE EXPENDITURE IN THE CAPITAL

IMPROVEMENT PROGRAM PROJECT ACCOUNT
Resolution No. 2024-009
Adopt Resolution.

7 11.7 *RESOLUTION ORDERING THE SUMMARY VACATION OF AN

EASEMENT FOR PUBLIC SIDEWALK AND UTILITY PURPOSES
ENCUMBERING 4757 PALM AVENUE
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, Vice Mayor Lothian, Councilmember Dillard, Councilmember Parent, and Councilmember Shu
Approved (5 to 0)
Resolution No. 2024-010
Moved By Mayor Arapostathis
Seconded By Councilmember Parent
Adopt Resolution.

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

8 12. STAFF REPORT

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

13. COUNCIL INITIATED

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

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.

9 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,

10 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, Vice Mayor Lothian, Councilmember Dillard, Councilmember Parent, and Councilmember Shu
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
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

11 with stakeholders to address concerns and receive feedback when drafting the policy.

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

14. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)
The Mayor and Council reported on various outside boards, commissions and committee meetings they attended. No action was taken.

15. AB 1234 REPORTS (GC 53232.3 (d))
There were no reports.

16. CITY ATTORNEY REMARKS
There were no remarks.

17. ADJOURNMENT
Mayor Arapostathis adjourned the meeting at 9:17 p.m.
_________________________
City Clerk

1 La Mesa City Council
Minutes of a Regular Meeting
Date:

Location:

February 27, 2024, 6:00 pm
City Council Chambers, 8130 Allison Avenue
La Mesa, California

Present: Mayor Arapostathis
Vice Mayor Lothian
Councilmember Dillard
Councilmember Parent
Councilmember Shu
Staff: City Manager Humora
Assistant City Manager Lee
City Attorney Sabine
City Clerk Wiegelman
_____________________________________________________________________

1. CALL TO ORDER
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, except for Item 10.4 which was considered prior to the presentations.

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

1.1 INVOCATION - COUNCILMEMBER DILLARD

1.2 PLEDGE OF ALLEGIANCE

2. CITY MANAGER COMMENTS
There were no comments.

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

2 4. ADDITIONS AND/OR DELETIONS TO THE AGENDA
There were no additions or deletions to the agenda.

5. PRESENTATIONS

5.1 POLICE CHIEF’S QUARTERLY OPERATIONS REPORT
Chief Sweeney presented the crime statistics for the quarter ending December 31, 2023, explained the statistics in the various crime categories and highlighted recently solved cases. Chief Sweeney briefly discussed the Department’s proactive operations and strategic enforcement to help reduce crime and also reviewed various community outreach activities that took place. Chief Sweeney announced the recent graduations and recognitions of service of Police Department team members and reviewed the staff vacancies in the Police Department.

Following Council questions and comments, no action was taken.

5.2 BOARD AND COMMISSION WORK PLANS
 COMMUNITY RELATIONS AND VETERANS COMMISSION
 ENVIRONMENTAL SUSTAINABILITY COMMISSION
 HISTORIC PRESERVATION COMMISSION
 LA MESA COMMUNITY PARKING COMMISSION
 MOBILITY COMMISSION
Community Relations and Veterans Chair Rich Gann presented the Commission's 2024 Work Plan.

Environmental Sustainability Commission Chair Ricky Williams presented the Commission's 2024 Work Plan.

Historic Preservation Commission Chair Carmen Pauli presented the Commission's 2024 Work Plan.

La Mesa Community Parking Commission Vice Chair Bill Walton presented the Commission's 2024 Work Plan.

Mobility Commission Chair Mike Calandra presented the Commission's 2024 Work Plan.

Following Council questions and comments, no action was taken.

3 6. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
Brenda Hammond spoke about people being kind to one another.

Mitch Wagner spoke regarding ethnic relations.

7. CONFLICT DISCLOSURES
There were no conflict of interest disclosures.

8. BOARD AND COMMISSION APPOINTMENTS

8.1 RESOLUTION APPOINTING AND/OR REAPPOINTING MEMBERS TO THE CITY’S COMMUNITY POLICE OVERSIGHT BOARD
Mayor Arapostathis nominated the following individuals for appointment to the City's Community Police Oversight Board:

Dr. Jeffrey Scott McIllwain, Police Beat 1 Resident representative Leroy Johnson, Police Beat 2 Resident representative
Aaron Landau, Advocate for People Experiencing Homelessness, Substance Abuse, Mental Health, or Other Social Issues representative Resolution No. 2024-012
Moved By Mayor Arapostathis
Seconded By Councilmember Parent
Approve the appointment of Dr. Jeffrey Scott McIllwain and Aaron Landau and the reappointment of Leroy Johnson to the Community Police Oversight Board and adopt the Resolution confirming the appointments and reappointment.

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

9. PUBLIC COMMENTS ON CONSENT CALENDAR
Janet Castanos spoke on Item 10.8.

Leong Song spoke on Item 10.8.

4 10. CONSENT CALENDAR
(Items 10.1 through 10.9)
Mayor Arapostathis pulled Item 10.4 for separate consideration.

Moved By Councilmember Parent
Seconded By Councilmember Shu
Approve Consent Calendar Items 10.1 through 10.9, except for Item 10.4.

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

10.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF

ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Approve.

10.2 APPROVAL OF THE 2024 COMMUNITY POLICE OVERSIGHT BOARD

WORK PLAN
Approve.

10.3 RESOLUTION APPOINTING THE GROSSMONT UNION HIGH

SCHOOL DISTRICT REPRESENTATIVE TO THE COMMUNITY

SERVICES COMMISSION
Resolution No. 2024-013
Adopt Resolution.

10.5 RESOLUTIONS FOR THE 2023 STREET RESURFACING PROJECT Adopt Resolutions.
a. RESOLUTION ACCEPTING THE LOW BID FOR BID 24-05 AND
AWARDING A CONSTRUCTION CONTRACT FOR THE 2023

ANNUAL STREET RESURFACING PROJECT TO QUALITY
CONSTRUCTION & ENGINEERING, INC.

Resolution No. 2024-014
Adopt Resolution.

5 b. RESOLUTION APPROVING A TASK ORDER TO ARDURRA
GROUP, INC. TO PROVIDE CONSTRUCTION MANAGEMENT
AND INSPECTION SERVICES FOR THE 2023 STREET

RESURFACING PROJECT
Resolution No. 2024-015
Adopt Resolution.

10.6 RESOLUTION AMENDING SECTION 12.44.130 OF THE LA MESA

MUNICIPAL CODE INSTALLING A DISABLED PERSONS PARKING
SPACE AT 7943 PASADENA AVENUE
Resolution No. 2024-016
Adopt Resolution.

10.7 RESOLUTION AUTHORIZING THE EXECUTION OF A SIXTH

AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF LA

MESA AND SAN DIEGO METROPOLITAN TRANSIT SYSTEM (MTS)

FOR ADMINISTRATION OF TAXICAB AND OTHER FOR-HIRE

VEHICLE REGULATIONS
Resolution No. 2024-017
Adopt Resolution.

10.8 RESOLUTION APPROVING A MILITARY USE POLICY AND THE

CONTINUED USE OF MILITARY EQUIPMENT FOR POLICE SERVICES PURSUANT TO ASSEMBLY BILL 481 (GOVERNMENT CODE
SECTION 7071 ET SEQ)
Resolution No. 2024-018
Adopt Resolution.

10.9 RESOLUTION AUTHORIZING THE ACCEPTANCE AND

APPROPRIATION OF A GRANT FROM THE URBAN AREA SECURITY

INITIATIVE (UASI) BY APPROVING THE ADDITION OF THE GRANT FUNDS TO THE FISCAL YEAR 2023-2024 BUDGET CONTINGENT

UPON ACCEPTANCE OF THE GRANT
Resolution No. 2024-019
Adopt Resolution.

6 10.4 UPDATE TO ADMINISTRATIVE POLICY A-4: PUBLIC COMMENT FOR

CITY COUNCIL AND BOARD AND COMMISSION MEETINGS
City Clerk Wiegelman explained the purpose for the update to Administrative Policy A-4: Public Comment for City Council and Board and Commission Meetings and summarized the update.

The following members of the public spoke or submitted a comment in opposition to the update to Administrative Policy A-4: Public Comment for City Council and Board and Commission Meetings:

Christopher R. Glenn
Rebecca Littlejohn
Mairs Ryan
Mejgan Afshan
Janet Castanos
Giovanni Allison
Sami Ortelove
Aaryn Belfor
Wendy Mihalic
Andy Trimlett
Joseph Cryer
Dawn Marie-Tol spoke in support of the update to Administrative Policy A4: Public Comment for City Council and Board and Commission Meetings.

Dem spoke on ethnic relations.

Council questions and comments ensued.

Moved By Councilmember Parent
Seconded By Mayor Arapostathis
Approve the update to Administrative Policy A-4: Public Comments for City Council and Board and Commission Meetings, and reinvoke the Public Comment Policy Ad Hoc Subcommittee comprised of Mayor Arapostathis and Councilmember Parent to evaluate guidelines and regulations for the potential reinstatement of remote public comment.

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

7 11. STAFF REPORT

11.1 CONSIDERATION OF RESOLUTION APPROVING PHASE 4

EXPENDITURE RECOMMENDATIONS FROM THE CITY COUNCIL

AMERICAN RESCUE PLAN ACT AD HOC SUBCOMMITTEE
INCLUDING:

ADDITIONAL TRAFFIC CALMING FOR NEIGHBORHOOD STREETS,

SHALLOW SUBSIDY PROGRAM FOR RENT BURDENED SENIORS,
EXPANDED PUBLIC ARTS, ADDITIONAL COMMERCIAL FAÇADE

IMPROVEMENT GRANTS, AND STORM DRAIN IMPROVEMENTS
Assistant City Manager Lee provided a PowerPoint presentation on the proposed Phase 4 allocations for the American Rescue Plan Act ("ARPA") funds, highlighting the Phase 1, 2, and 3 expenditures and the proposed ARPA Phase 4 expenditures and programs, which included citywide traffic calming measures, a Shallow Subsidy Housing Program for seniors, an Artists to Work Public Art Program, continuation of the Façade and Property Improvement Grant, and additional funding for the Boulevard Drive and 69th Street Storm Drain Infrastructure Capital Project.

Christina Selder spoke in support of the proposed ARPA expenditure for the Shallow Subsidy Housing Program for rent burdened seniors.

Melissa Weiss submitted a comment in support of the proposed ARPA expenditure for the Artists to Work Public Art Program.

Council questions and comments ensued.

Resolution No. 2024-020
Moved By Councilmember Parent
Seconded By Vice Mayor Lothian
Adopt Resolution approving the City Council American Rescue Plan Act (ARPA) Ad Hoc Subcommittee's proposed Phase 4 ARPA expenditures of $2,050,570, to include: (1) Citywide Traffic Calming Measures; (2) Shallow Subsidy Housing Program for Seniors; (3) Artists to Work Public Art Program; (4) Commercial Façade and Property Improvement Grant Program; and (5) Boulevard Drive and 69th Street Storm Drain Infrastructure Capital Project.

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

8 12. HEARING

12.1 CONSIDERATION OF THE FISCAL YEAR 2024 – 2025 COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN AND A
REQUEST TO CIRCULATE THE CDBG ACTION PLAN FOR A 30 DAY

PUBLIC REVIEW
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 12.1.

Associate Planner Kinnard provided a PowerPoint presentation on the CDBG program, the 2020-2025 Consolidated Planning goals, and the proposed projects and funding levels for the Fiscal Year 2024-2025 CDBG Action Plan.

Council questions and comments ensued.

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

For (4): Mayor Arapostathis, Vice Mayor Lothian, Councilmember Dillard, and Councilmember Shu
Absent (1): Councilmember Parent
Approved (4 to 0)
Moved By Mayor Arapostathis
Seconded By Councilmember Shu
Accept the proposed CDBG Action Plan priorities and direct staff to circulate for public review the draft Fiscal Year 2024-2025 CDBG Action Plan and return to Council, for final review and approval after the 30-day public review process.

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

9 13. COUNCIL INITIATED

13.1 CONSIDERATION OF APPROPRIATE ACTION TO CONSIDER THE

COSTS, MECHANICS, AND LOGISTICS FOR PROVIDING PAINTED

STREET PARKING LINES IN LA MESA, AKA PARKING T'S - MAYOR

ARAPOSTATHIS AND VICE MAYOR LOTHIAN
Vice Mayor Lothian explained the purpose for requesting the Council consider appropriate action to review the costs, mechanics, and logistics for providing painted street parking lines in La Mesa.

Council questions and comments ensued.

Moved By Vice Mayor Lothian
Seconded By Mayor Arapostathis
Direct staff and/or traffic engineers to draft a proposal for Council consideration containing the costs, logistics, and mechanics of implementing a parking T program throughout La Mesa.

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

14. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)
The Mayor and Council reported on various outside boards, commissions and committee meetings they attended. No action was taken.

15. AB 1234 REPORTS (GC 53232.3 (d))
There were no reports.

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

17. ADJOURNMENT
Mayor Arapostathis adjourned the meeting at 8:01 p.m.
_________________________
City Clerk

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: March 12, 2024
SUBJECT: RESOLUTION APPROVING AN AGREEMENT

BETWEEN THE CITY OF LA MESA AND PHOENIX

INFORMATION SYSTEMS GROUP FOR PARKING

PERMIT PROCESSING AND PARKING CITATION

SERVICES
DESCRIPTION: AGREEMENT FOR PARKING PERMIT PROCESSING

AND PARKING CITATION SERVICES FOR PARKING

METERS AND THE LEMON AVENUE MUNICIPAL

PARKING LOT IN PARKING DISTRICT ONE
ISSUING DEPARTMENT: City Manager
SUMMARY:

Issues:

Should the City Council adopt a resolution approving an agreement between the City of La Mesa and Phoenix Information Systems Group for Parking Permit Processing and Parking Citation Services?
Recommendation:

Staff recommends that the City Council adopt a resolution approving an Agreement between the City of La Mesa and Phoenix Information System Group for Parking Permit Processing and Parking Citation Services.

Fiscal Impact:

There is no fiscal impact to the General Fund. Parking operations are funded by the Downtown Parking Fund, an enterprise fund for the receipt of parking-related revenue from metered parking in Parking District 1 and citations issued for parking enforcement. Funds for parking operations are accounted for and budgeted in the 2023-24 Biennial Budget.

Report to Mayor and Councilmembers
Date: March 12, 2024
Page: 2 of 3
City’s Strategic Goals:
 Invest in infrastructure to serve the needs of the community.  Ensure a strong financial outlook through careful planning, sustainable service levels, and fiscal sustainability.

BACKGROUND:

In June 2015, the City issued a Request for Proposals (RFP 15-03) seeking proposals from qualified companies to provide processing and payment collection services for parking citations. The City’s objective was to implement an internet-based citation processing system to provide customers with timely access to citation information and a user-friendly payment portal. Phoenix Information Systems Group (Phoenix) was selected from a field of firms that responded to the RFP.

As part of their scope of work, Phoenix managed the internet-based citation processing system and payment portal called WinCite. WinCite provides City staff with timely access to reports, citation data and billing statements, thereby improving internal efficiency. In addition to providing citation equipment and materials as needed, Phoenix processes all parking citations issued in the City; processes payments; prepares and mails all required notices, and maintains a database of citation records. Phoenix manages the City’s participation in the Franchise Tax Board Interagency Intercept Program, handles Department of Motor Vehicles (DMV) holds, and conducts delinquent payment collections. In 2018, Phoenix began managing payment plan processing due to the passage of Assembly Bill 503, which mandated agencies to offer payment plans to income challenged individuals with delinquent parking citations.

On September 22, 2020, the City Council approved an agreement with Phoenix to add services to manage the purchasing/renewing of parking permits as part of the Downtown Village Permit Parking Program. Phoenix manages the expanded WinCite online portal that handles processing, payment, and order fulfillment for these permits. Since 2020, Phoenix has served as the City’s third-party parking permit management agent, handling the order and payment processing, permit mailing, and maintenance of transaction data for the City.

DISCUSSION:

Staff has negotiated a new three-year agreement with Phoenix with two optional one-year extensions based on mutual consent. The new agreement has an expanded scope of work to accommodate new parking permit processing services for the Lemon Avenue municipal parking lot. The parking lot is currently under construction and will include a

Report to Mayor and Councilmembers
Date: March 12, 2024
Page: 3 of 3
new QR code parking management system. If the agreement is approved, Phoenix will manage this new cloud-based parking management system which will replace the outdated coin-only metered parking the was previously located in the Lemon Avenue municipal parking lot.

CONCLUSION:

Staff recommends that the City Council adopt a resolution (Attachment A) approving the agreement between the City of La Mesa and Phoenix for Parking Permit Processing and Parking Citation Services.

Reviewed by: Respectfully submitted by:
____________________ ____________________
Greg Humora Amanda Lee
City Manager Assistant City Manager
____________________
Lyn Dedmon
Assistant to the City Manager
Attachments: A. Resolution
B. Agreement with Phoenix

RESOLUTION NO. 2024-____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA

APPROVING AN AGREEMENT BETWEEN THE CITY OF LA MESA AND

PHOENIX INFORMATION SYSTEMS GROUP FOR PARKING PERMIT

PROCESSING AND PARKING CITATION SERVICES
________________________________________________________________ WHEREAS, in 2015, the City issued a Request for Proposals (RFP 15-03) seeking proposals from qualified firms to provide parking citation processing and payment collection services for parking citations;
WHEREAS, Phoenix Information Systems Group (Phoenix) responded to RFP 15-03 and was selected from a group of qualified firms to provide the services sought by the City in the RFP; WHEREAS, the City and Phoenix entered into an agreement for Ongoing Services for Electronic Parking Citation Devices and Parking Citation Processing Services and Payment Collection dated February 4, 2016;
WHEREAS on September 29, 2020, the City executed a new agreement with Phoenix to provide the same Electronic Parking Citation Processing Services with added Payment Collection Services in support of the Downtown Village Permit Parking Program; WHEREAS, the City and Phoenix desire to execute a renewed agreement for Parking Citation and Payment Collection Services with an initial term of three (3) years with two (2) optional one (1) year extensions at the mutual consent of both parties; and WHEREAS, the renewed agreement includes added Parking Collection Services in support of the Lemon Avenue Municipal Parking Lot Renovation Project.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the Agreement is approved for Parking Citation and Payment Collection Services, to wit:

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 12th day of March 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2024- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

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

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STANDARD AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF LA MESA AND PHOENIX INFORMATION SYSTEM GROUP

FOR PARKING PERMIT PROCESSING, ELECTRONIC PARKING CITATION

DEVICES, PARKING CITATION PROCESSING SERVICES, AND PARKING

PAYMENT COLLECTION SERVICES IN THE CITY OF LA MESA
This Agreement is entered into by City of La Mesa as of this day of _____ 2024, by and between the City of La Mesa, a California municipal corporation, hereinafter referred to as "City," and Phoenix Information Systems Group, hereinafter referred to as "Consultant."
WITNESSETH THAT:

WHEREAS, the City has need for professional services for parking permit processing, electronic parking citation devices, parking citation processing services, and parking payment collection services;
WHEREAS, Consultant is qualified to provide said services and devices; WHEREAS, since 2016 Consultant has been providing and continues to provide said services and devices to the City;
WHEREAS, the City desires to engage Consultant to continue to provide said services and devices;
NOW THEREFORE, the parties do mutually agree as follows:

SECTION 1: EMPLOYMENT OF CONSULTANT
The City hereby agrees to engage Consultant and Consultant hereby agrees to perform the services set forth in this Agreement. The Agreement shall be for a term of three (3) years from the execution date of this Agreement with two (2) optional one (1) year extensions at the mutual consent of both parties.

SECTION 2: SERVICES TO BE PERFORMED BY CONSULTANT
Consultant shall commence performance of the Project upon execution of this Agreement by both parties. The term "Project" as used in this Agreement shall include all the tasks and items listed and described in “Exhibit ‘A’ Scope of Work and Fee Schedule,” dated 1/25/2024 attached hereto and incorporated herein as part of this Agreement.

SECTION 3: KEY PROJECT PERSONNEL
Consultant agrees to provide the services of trained and qualified personnel employed by the Consultant for the full term of this Agreement. No substitutions will be made without prior written approval of the City. The City reserves the right to request specific qualifications of personnel substituted under this section.

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SECTION 4: SUBCONTRACTING
Consultant shall not utilize the services of any sub-contractors during the course of this project without the prior consent of the City.

SECTION 5: CITY REPRESENTATION
The City Manager for the City of La Mesa, or his designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to this Agreement and shall administer said Agreement on behalf of the City. This person shall hereinafter be referred to as the "City's Representative." SECTION 6: RESPONSIBILITIES OF THE CITY
The City will provide the Consultant, or cause to be provided with, the following documents, services and other relevant information, at no charge to the Consultant.

A. All notices, authorizing forms, fee schedules, data, documents, and other information as may be deemed necessary for Consultant to perform the Project.

SECTION 7: PERFORMANCE SCHEDULE
Both Consultant and the City recognize that time is of the essence in the completion of this work and the schedule is dependent upon timely actions by the Consultant and the City. Accordingly, the Consultant shall complete all the work outlined in Exhibit “A” and described in this Agreement in accordance with the following schedule

TASK TARGET DATE
A. Citation Processing Services Ongoing
B. Parking Permit Processing Services Ongoing
C.Payment Processing Services Ongoing
D.Advanced Collection Services Ongoing
E. AB503 Payment Plan Services Ongoing
F. FTB Interagency Intercept Program Services Ongoing
G.Online Data Access & Reporting Interface Ongoing
H.Online Daily Permit Web Portal for Lemon Lot May 2024 Consultant shall not be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, or governmental agencies.

SECTION 8: COMPENSATION TO CONSULTANT
The amount to be billed shall be based on the Consultant schedule of fees for professional services as shown in Exhibit “A” attached hereto and incorporated herein. Fees incurred shall be paid by the City within 30 days of City’s receipt of Consultant’s invoice.

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SECTION 9: METHOD OF COMPENSATION
The City shall compensate Consultant for the services performed hereunder within thirty (30) calendar days of receipt of Consultant's invoice for the services performed. The Consultant shall provide documentation regarding charges sufficient to meet normal auditing practice. Copies of the invoices for materials in excess of $500 and subConsultant charges shall be submitted with the request for periodic payment.

The City shall promptly review invoicing and notify Consultant of any objection thereto in writing within fifteen (15) days of receipt of the invoice; absent such objection the invoice shall be deemed proper and acceptable.

In the event that any undisputed invoice is not paid within thirty (30) calendar days after receipt of the invoice by the City, it shall commence bearing interest on the date that the invoice was rendered at the rate of 1% per month and the City agrees to pay all accrued interest, together with the charges for services rendered.

SECTION 10: RECORDS
Consultant shall maintain adequate records to permit inspection audit of Consultant's charges under this Agreement. Consultant shall make such records available to the City and to other public agencies responsible for approval, funding or auditing the project, during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records and they will be available only to the City or to public agencies involved with approval, funding or audit functions. Such records shall be maintained by the Consultant for three (3) years following completion of the work under this Agreement.

SECTION 11: ITEMS TO BE DELIVERED TO CITY
The items to be delivered by the Consultant to the City of La Mesa are as described in Exhibit “A” attached hereto and incorporated herein as part of this Agreement.

SECTION 12: ADDITIONAL SERVICES OUTSIDE SCOPE
Only after written authorization from the City, additional services that Consultant could provide, or cause to be provided, include the following:

A. Additional work related to the Project but not included in the Scope of Work.

B. Additional work caused by changes unrelated to the Scope of Work described in the Request for Proposals.

Changes to the scope of this Agreement shall be negotiated prior to commencement of extra work. Consultant shall be compensated for Consultant time and direct personnel expenses as approved by the City. Payment for such additional services shall include Consultant's time at the rates shown in Exhibit “A.”

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SECTION 13: HOLD HARMLESS
A. Indemnity for Professional Services. To the furthest extent allowed by law, Consultant shall indemnify, hold harmless and defend City, its elected officials, officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, employees, agents or volunteers in the performance of professional services under this Agreement.

B. Other Indemnities. Other than in the performance of professional services, and to the fullest extent allowed by law, Consultant shall indemnify, hold harmless and defend City and its elected officials, officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) arising or alleged to have arisen directly or indirectly out of performance of this Agreement. Consultant’s obligations under the preceding sentence shall apply regardless of whether City or any of its elected officials, officers, officials, employees, agents and volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct of City, or any of its elected officials, officers, officials, employees, agents and volunteers.

C. If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subconsultant to indemnify, hold harmless and defend City and its elected officials, officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraphs.

D. This section shall survive termination or expiration of this Agreement.

SECTION 14: INSURANCE
Throughout the life of this Agreement, Consultant shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A:VII" in Best's Insurance Rating Guide, or (ii) authorized by the City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed

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operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $1,000,000 aggregate for products and completed operations $2,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. (iii) WORKERS' COMPENSATION insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. (iv) PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS) insurance appropriate to Consultant’s profession, with limits of liability of not less than $2,000,000 per claim/occurrence and $2,000,000 policy aggregate.

In the event Consultant maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Consultant shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Consultant shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City, its elected officials, officers, officials, employees, agents and volunteers: or (ii) Consultant shall provide a financial guarantee, satisfactory to City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Consultant shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

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The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its elected officials, officers, officials, employees, agents and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Consultant’s insurance shall be primary and no contribution shall be required of City, its elected officials, officers, officials, employees, agents and volunteers. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected officials, officers, officials, employees, agents or volunteers. The Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its elected officials, officers, officials, employees, agents and volunteers.

If any of the required policies provide claims-made coverage:

1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Consultant.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work or any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 5-year discovery period.

3. If coverage is canceled or non-renewed, and not replaced with another claims made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Consultant, Consultant must purchase extended reporting coverage for a minimum of five (5) years following the expiration or termination of the Agreement.

4. These requirements shall survive expiration or termination of the Agreement.

Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received by City and approved by City Manager or his/her designee prior to City’s execution of the Agreement and before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. Upon request of City, Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.

If at any time during the life of this Agreement or any extension, Consultant or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to Consultant shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No

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action taken by City hereunder shall in any way relieve Consultant of its responsibilities under this Agreement.

The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its elected officials, officers, officials, employees, agents and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant.

Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, employees, agents, persons under the supervision of Consultant, vendors, suppliers, invitees, contractors, subcontractors, or anyone employed directly or indirectly by any of them.

If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subcontractor to provide insurance protection in favor of City, its elected officials, officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Consultant and City prior to the commencement of any work by the subcontractor.

SECTION 15: OWNERSHIP OF WORK
All finished or unfinished documents, studies, reports, computer files and materials prepared by Consultant under this Agreement shall be considered the property of the City and will be turned over to the City upon demand, but in any event, upon completion of the Project. The Consultant shall be allowed to retain copies of documents for his permanent records, if desired.

The City and the Consultant will agree to keep information of this service confidential and will enter into an agreement with City of La Mesa to protect this confidentiality.

SECTION 16: ASSIGNABILITY
Consultant shall not assign, delegate, or transfer this Agreement or any work hereunder, nor assign any monies due or to become due hereunder, except as expressly stated herein. In no event shall any contractual relation be created between any third party and the City without prior written consent of the City. A consent to one assignment shall not be deemed to be consent to any subsequent assignment.

SECTION 17: AMENDMENTS
This Agreement sets forth the entire understanding of the parties with respect to the subject matter herein. There are no other agreements, expressed or implied, oral or written, except as set forth herein. This Agreement may be amended upon written mutual consent of both parties hereto. Amendment requiring changes in compensation shall be subject to the City's change order procedures.

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SECTION 18: NOTICES
All communications to either party by the other shall be deemed given when made in writing and delivered or mailed to such party at its respective address as follows:

CITY: CONSULTANT:

Claire Murphy
Assistant to the City Manager Vice President
City of La Mesa Phoenix Information Systems Group
8130 Allison Avenue 2677 N. Main St.

La Mesa, CA 91942 Santa Ana, CA 92705
Phone: (619) 667-1339 Phone: (714) 460-7200
E-mail: [email protected] E-mail: [email protected] The date of notification shall be receipt by the City as evidenced by date/time stamp affixed to the notice.

SECTION 19: DISPUTE RESOLUTION
The City and Consultant shall submit unresolved claims, counterclaims, disputes, controversies and other matters between them arising out of or relating to this Agreement or the breach thereof (“disputes”), first to mediation and then if not resolved, to nonbinding arbitration prior to initiating suit or judicial proceeding.

The City shall require that all Consultants agree to submit any unresolved claims, counterclaims, disputes, controversies and other matters between them and the City or the Consultant and/or any sub-Consultants of any tier arising out of or relating to their agreement with the City or the breach thereof (“disputes”) first to mediation and then if not resolved, to non-binding arbitration prior to initiating suit or judicial proceeding.

SECTION 20: TERMINATION OF AGREEMENT FOR CAUSE AND CONVENIENCE If, through any cause, the Consultant shall fail to fulfill in timely and proper manner his obligations under this Agreement, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement immediately by giving written notice to the Consultant of such termination and specifying the effective date thereof. In such event, all finished or unfinished documents, data, studies, surveys, models, and reports prepared by Consultant under this Agreement shall, at the option of the City, become its property and the Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder.

In addition to termination for cause, the City may terminate this Agreement for City’s convenience upon not less than fifteen (15) day’s written notice to Consultant. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement unless said notice provides otherwise. If this Agreement is terminated as provided in this paragraph for City’s convenience, the Consultant shall be required to provide to City all finished or unfinished documents, data, studies, surveys, models, and

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reports, prepared by the Consultant as may be requested by City and such work shall become City’s property upon payment to Consultant for the value of the work performed, less payments of compensation previously made.

Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Consultant, and the City may withhold any payments to the Consultant for the purpose of set-off until such time as the exact amount of damages due the City from the Consultant is determined.

SECTION 21: BUSINESS LICENSE
The Consultant shall obtain a business license for work within the City of La Mesa pursuant to La Mesa Municipal Code Sections 6.08.010 through 6.08.240.

No payments shall be made to any Consultant until such business license has been obtained, and all fees paid therefore, by the Consultant and all sub-Consultants.

Business license applications and information may be obtained from the Finance Department, City Administration Building, 8130 Allison Avenue, P. O. Box 937, La Mesa, CA 91941-0937, (619) 667-1118.

SECTION 22: INTEREST OF MEMBERS OF THE CITY
No member of the governing body of the City and no other officer, employee, or agent of the City, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the Consultant shall take appropriate steps to assure compliance.

SECTION 23: INTEREST OF CONSULTANT AND EMPLOYEES; STATEMENT OF

ECONOMIC INTERESTS
The Consultant covenants that he presently has no interest and shall not acquire interest, direct or indirect, in any other firms or products referred to in the report recommendations or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed. City may require Consultant to complete and submit a Form 700, Statement of Economic Interests, in accordance with applicable law, to City Clerk.

SECTION 24: FACILITIES AND EQUIPMENT
Consultant shall, at his sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.

SECTION 25: INDEPENDENT CONSULTANT
At all times during the term of this Agreement, Consultant shall be an independent Consultant and shall not be an employee of the City. City shall have the right to control

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Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement.

SECTION 26: TIME
Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement.

SECTION 27: CONSULTANT NOT AGENT
Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

SECTION 28: NON-DISCLOSURE
The reports, surveys, data, materials and documents prepared or acquired by the Consultant pursuant to this Agreement (including any duplicate copies kept by the Consultant) shall not be shown to any other public or private person or entity, except as authorized by the City. The Consultant shall not disclose to any other public or private person or entity any information regarding the activities of the City except as authorized by the City.

SECTION 29: CHANGES
The City may, from time to time, request changes in the Scope of Services of the Agreement to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation, which are mutually agreed upon by and between the City and the Consultant shall be incorporated to this Agreement.

SECTION 30: JOB SITE SAFETY
The Consultant who is responsible for means, methods and procedures of the project shall be responsible for job site safety. The Consultant shall:

A. Be responsible for the safety of his employees as required by law.

B. Exercise reasonable care to avoid risk of injury to others as required by the professional standard of care.

SECTION 31: PERS ELIGIBILITY INDEMNIFICATION
In the event that Consultant’s employee providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the City, Consultant

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shall indemnify, defend, and hold harmless City for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant’s employees providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contributions to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 32: PREVAILING WAGES FOR PUBLIC WORKS PROJECTS– IF

APPLICABLE
A. No professional consultant or subcontractor subject to the requirements of State of California’s prevailing wages may be awarded a contract, or contracted with, for a public works project (submitted on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

B. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
(CONTINUE TO NEXT PAGE)

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SECTION 33: DATE OF AGREEMENT
The date of this Agreement shall be the date it shall have been signed by a duly authorized representative of City.

IN WITNESS WHEREOF, City and Consultant have executed the Agreement.

PHOENIC INFORMATION SYSTEM
GROUP.

Date: By: _____________________________
Robert Murphy, President

CITY OF LA MESA,
A Municipal Corporation
Date: By: _____________________________
Mark Arapostathis, Mayor
Date: ______________ By: _____________________________
Greg Humora, City Manager
Date: Attest:

Megan Wiegelman, City Clerk

APPROVED AS TO FORM
Date: ______________ ___________________________________

CITY ATTORNEY
Attachment: Exhibit “A” Scope of Work and Fee Schedule

INFORMATION SYSTEMS GROUP
La Mesa Cost Proposal: 2020-2025
Parking Citation Processing and Management
Item Description Per Item Cost
All services below are INCLUDED:
*Monthly Minimum Fee
*Cloud Hosting Solutions
*Unlimited Online Web Access for Agency's customers, real time citation data, $250.00 per ability to pay single or multiple citations. E-mail receipts automatically generated and sent to the customer. month
*Custom Website payments and online contesting: www.paymyclte.com Accepts secure online payments via Visa, MC, Discover, American Express credil/debit.

PCI-DSS complaint,TLS1 .2 encryption level. McAlee Secure.Trustwave. *Customized IVR and Dedicated Toll-free phone number for payments. PHX IVR system provides real time information to the caller regarding status, including amount due. All major credit cards are accepted. E-mail receipts automatically generated and sent to the customer.
*Live on-site bilingual Customer service. Calls can be recorded for quality assurance.
*Unlimited Online Access for Agency Staff; with unique usernames and encrypted passwords assigned, audit trail detailing all activity in the system, view real time data, depending on security level reduce or increase violation amounts, dismiss citations, void citations and place citations on hold. Additional features available. *Reports includes: online reports to generate, print and re-print 24/7. Reports can be exported in both PDF and Excel. Custom reports are available upon request. *County Surcharge Revenue Distribution Report Included on a monthly basis. *Payment Plan Setups incudes letter generated to customer specifying plan arrangements.
*Online Contesting includes paperless appeals and ability to upload supporting documentation.
*Adjudication Services; adjudication holds and scanning, disposition entry, scheduling hearings, providing back-up to Hearing Officers including hearing packets. *Payment Processing includes: Manually received payments (checks, cash, money orders sent via US Mail) received at our PO Box in Santa Ana (bonded courier service Included for bank deposits). Daily deposits are made to the Agency account by Accounting Staff at PHX, a deposit slip is generated daily and sent to the Agency via e-mail.
*DMV Real Time RO Lookuo; Holds & Releases
Cost per citation issued $0.30
Notice of Violation (1 st and 2nd Courtesy Notices required by District) includes: printing $0.55 and sending daily, windowed envelope, 8.5 x 11" semi-custom notice, return insert envelooe for oavment.

Credit Card Payments (The credit card convenience lee is charged to the public, Included $3.95 or 3.25% oer transaction\
Postage - First Class Rates (for all correspondence mailed) First Class Rates Other correspondence letter including disposition letters, hearing schedule letters, and FTB Pre-lntercent Notice
Refunds ii applicable includes weekly generation of refund checks, monthly $1.20
$5.00
reconciliation

Credit Card Chargebacks; if applicable, citation is reopened and administrative fee is $35.00 added oass throuah cost to Citv.

Bank Returned Checks; if applicable $10.00
Monthly Banking Service Fee (includes supplies) Reconciliation, disbursement of Included revenue.

Hearing Fees / Optional Service; Agency can select to use their own officer or $120.00 per hour volunteer
Expedited Collections I citation 90 days past due 15%
Acquisition of SSN# (used for FTB processing)/ Optional Service Franchise Tax Board Collections includes: Set up of SWIFT account with State Controllers Office Placement at FTB, Disoute resolution, Revenue reconciliation.

Out of State Processing
Training; full training of Wincite Parking Database Management System for District Staff. Sessions can be digitally recorded and given to the Agency for future use and reference.

MOBILE ENFORCEMENT: Android HHU I Wi-Fi only w/ military grade protective case, Purchase orice:

Wincite Mobile Software License I Unlimited site license; One-time charge per unit Software Installation/configuration I One-time charge per unit TSC Alpha 3R I Bluetooth Printer w/ 2-year warranty / Protective environmental case Hardware/Software Support I ongoing monthly charge
Citations Rolls (Option for Generic and Custom Citations Rolls) Android HHU Rental Option: inclusive of Android device, TSC printer, protective carrvina cases, WIFI onlv, monthlv hardware and software sunnort.

Training; full training of Wincite Mobile Automated Ticket writing software for Agency $2.85
15%
25%
Free of Charge
$950.00
$695.00
$100.00
$880.00
$40.00
TBD
$120 per unit/ per
month
Free of Charge
Staff. All training sessions can be digitally recorded and given to the Agency for future use and reference. A video will be provided for future training purposes.

One-time Startup Costs: $1500.00
Database Creation, System Set up of Tables, Project management, Client Approval, Web Site Customization and Training.

Monthly fee includes: $450.00
Cloud database and storage.

Custom website for online payment processing to include City's business rules.

Unlimited Public Web access to OPPMS
Unlimited Agency access to WinCite OPPMS
Customer service for all individuals wanting to make payments with a live operator during business hours, Mon- Fri, 8am - 5pm; permit look up.

Toll free numbers for both technical support and client/customer service support.

Help-Desk: clients can reach us immediately and all of their concerns can be addressed.

Live Chat in real time accessible to the Agency through WIN CITE.

Reports and Revenue Management
Inventory Stock Management
Bank Management Fee, includes monthly reconciliation
Permit purchased online, Hand Processing, Fulfill and Verify Permit {per permit purchased). All permit types including virtual.

Postage on all correspondence sent.

Temporary Permits {per temporary permit)
Renewal Letters
Permit Stock
Custom development to modify or enhance program at request of City Credit Card Processing Fee (The credit card convenience fee is charged to the ublic; $3,95 or 3.25% er transaction
Credit Card Chargeback per transaction if applicable
$0.95
First Class Rates
$0.75
$1.50
TBD
$150.00 per hour
Included
$35.00

SCOPE OF WORK AND FEE SCHEDULE

LEMON AVENUE MUNICIPAL PARKIG LOT

ONLINE DAILY PERMIT WEB PORTAL

SCOPE OF WORK
Custom development of an online QR Code daily permit web portal parking management system for the Lemon Avenue Municipal Parking Lot in the City of La Mesa. Scope of work includes a scalable web portal that can be modified or enhanced to add additional City-owned municipal parking lots at the discretion of the City at the hourly rate identified in the Fee Schedule in this Exhibit “A” below.

FEE SCHEDULE
Description Rate Qty Line Total
Custom Development: Online Daily Permit Web Portal $9,500 1 $9,500 Customization for City of La Mesa: Lemon Avenue
Municipal Parking Lot Daily Permit Implementation
(one-time charge)
Description
Monthly charges to be invoiced to City for daily permit web portal support.

PERMITS
Description Cost
Monthly fee includes:

Cloud database and storage.

Unlimited Public Web access to OPPMS Unlimited
Agency access to WinCite OPPMS
Customer service for all individuals wanting to make payments with a live operator during business hours, Mon- Fri, 8am – 5pm; permit look up.

Toll free numbers for both technical support and client/customer service support.

Reports and Revenue Management
Bank Management Fee, includes monthly reconciliation
$295.00
Permit purchased online $0.50 per permit
Custom development to modify or enhance program at request of AGENCY. Any additional programming outside scope of contract. $175.00 per hour/ optio
nal
Wincite Mobile Pro Site License and Application w/LPR $40.00 per month/ per device
Credit Card Processing Fee / can be charge to Public or Agency $0.25 Credit Card Chargeback per transaction if applicable, pass through cost to the Agency.
$35.00

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: March 12, 2024
SUBJECT: Resolution to Appropriate Funds and Approved the Replacement of two Ford Hybrid Police Interceptor Utility Vehicles
ISSUING DEPARTMENT: Police
SUMMARY:

Issues:

Should the City Council appropriate funds and approve the purchase and outfitting of two 2024 Ford Hybrid Police Interceptor Utility Vehicles to replace two damaged Ford Hybrid Police Interceptor Utility Vehicles? Recommendation:

That the City Council approve the appropriation of funds and the purchase and outfitting of two 2024 Ford Hybrid Police Interceptor Utility Vehicles to replace two damaged Ford Hybrid Police Interceptor Utility Vehicles.

Fiscal Impact:

The total cost for the two new Ford Hybrid Police Interceptor Utility Vehicles is $168,387.63. This cost includes the cost of the vehicles ($112,966.00) and the cost to outfit the two vehicles ($55,421.63). Partial funds are available in the Equipment Replacement Fund for appropriation into account 603-65850-143. A transfer from general fund reserves of $148,387.63 is required for the balance.

The City has filed a claim with our insurance provider to recover the cost for these vehicles. Funds received will be deposited into the Equipment Replacement Fund.

Report to Mayor and Councilmembers
Date: March 12, 2024
Page: 2 of 3
City’s Strategic Goals:
 Maintain a community where residents and visitors feel safe.

Climate Action Plan Reduction Strategy:
 T-5 Alternative Refueling Infrastructure Development – Support communitywide use of alternative fuel vehicles through expansion of alternative vehicle refueling infrastructure.

BACKGROUND:

In November 2023, three La Mesa Police Department vehicles were involved in a collision where a suspect deliberately veered his vehicle into officers, striking three police vehicles.

Two of the police vehicles suffered significant front-end damage and were determined to be a total loss. The third police vehicle suffered minor damage and has since been repaired and returned to service.

DISCUSSION:

Maintaining sufficient vehicles in the patrol fleet is vital to ensure adequate police personnel and equipment in the field. The loss of these two vehicles has left the Police Department short two patrol vehicles. The replacement of the crashed vehicles is necessary to ensure the deployment of police officers in their mission of providing a safe community.

In January 2024, staff received three quotes from the following three vendors for the purchase of two Ford Hybrid Police Interceptor Utility Vehicles:

Company Company Location Vehicle Cost
Kearny Mesa Ford Kearney Mesa, CA $56,483.00
Sedano Ford La Mesa, CA $64,473.39
Sourcewell Watsonville, CA $59,451.52
Staff recommends that the City Council approve the purchase of two Ford Hybrid Police Interceptor Utility Vehicles from the lowest bidder, Kearny Mesa Ford, in the amount of $112,966 ($56,483 x 2). The vehicles require additional outfitting that will be provided by AEP California, LLC, who is the only qualified vendor for this service in the county, in the amount of $55,421.63 for both vehicles.

Report to Mayor and Councilmembers
Date: March 12, 2024
Page: 3 of 3
In alignment with the City’s Climate Action Plan (CAP), staff consistently evaluates opportunities to integrate alternative fuel options for replacement of the City's fleet.

Currently, Electric Vehicles (EVs) are not a viable option for the City’s police patrol vehicles. The two vehicles staff recommends purchasing are hybrid units that match existing fleet. The hybrid units use a lithium-ion hybrid battery to power onboard electrical equipment, allowing the engine to shut off, running only intermittently to charge the battery.

La Mesa Municipal Code Section 2.40.070(a)(3) allows the City’s Purchasing Officer to waive formal competitive bidding if the commodity being purchased is required to match or be compatible with equipment presently on hand, and the purchase is made from the supplier that supplied such other equipment. The vehicles recommended for purchase match existing Police Department fleet and Kearny Mesa Ford has previously supplied the recommended vehicles to the City.

CONCLUSION:

Staff recommends that the City Council approve the appropriation of funds for the purchase of two Ford Hybrid Police Interceptor Utility Vehicles.

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Ray Sweeney
City Manager Chief of Police
Attachments:

Attachment A - Resolution
Attachment B - Quote from Kearny Mesa Ford
Attachment C - Quote from AEP California, LLC
Attachment D – Fiscal Impact Statement

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA

APPROVING THE ALLOCATION OF GENERAL FUND RESERVES AND

AWARDING THE PURCHASE OF TWO FORD HYBRID POLICE INTERCEPTOR

UTILITY VEHICLES FOR THE POLICE DEPARTMENT TO KEARNY MESA FORD AND VEHICLE OUTFITTING TO AEP CALIFORNIA, LLC.
________________________________________________________________ WHEREAS, the City’s fleet includes patrol vehicles in the Police Department to protect the public’s safety;
WHEREAS, two patrol vehicles are in current need of replacement due to damage; WHEREAS, the City received quotes for Ford Hybrid Police Interceptor Utility Vehicles from the two Ford dealerships in the region that sell them to public agencies, Sedano Ford and Kearny Mesa Ford, which has previously provided these vehicles to the City. Kearny Mesa Ford had the lowest cost at $112,966.00 for two vehicles, including taxes, fees, and paint; WHEREAS, all existing police vehicles have been outfitted by AEP California, LLC, the only local supplier qualified and capable of outfitting the vehicles in a manner that is consistent with the existing fleet, who has quoted the cost of outfitting both vehicles at $55,421.63; WHEREAS, the City’s Purchasing Officer may waive competitive bidding if the commodity being purchased is required to match or be compatible with equipment presently on hand, and the purchase is made from the supplier that supplied such other equipment, per La Mesa Municipal Code Section 2.40.070(A)(3); and
WHEREAS, a claim has been filed with the City’s insurer and is expected to be reimbursed.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City Council intends to award to Kearny Mesa Ford the purchase of two Ford Hybrid Police Interceptor Utility Vehicles for $112,966.00 and to have these vehicles outfitted by AEP California, LLC for $55,421.63.

BE IT FURTHER RESOLVED that general fund reserves in the amount of $148,387.63 are appropriated to the equipment replacement fund for this purchase PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 12th day of March, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2024- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

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

Feb 27, 2024 1
Feb 27, 2024
Qty.

Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
2024/25 Utility Patrol x2 LAM11102 PT NET30
QTE0037620
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
Phone: (619) 596-1925
Fax: (619) 596-1909
La Mesa Police Department
8085 University Ave
Attn: Accounts Payable
Email Invoices to: [email protected]
La Mesa, CA 91942
AEP Santee
10729 Wheatlands Ave Ste C
Santee, CA, 92071
Year Make Model Color
2024/25 Ford Utility
State Contract #
NA
Tax
Agency Contact: Daniel Herrin
<[email protected]>
***Siren/ Lightbar Package***

2.00 LBAR04120 SoundOff mPower 55" Exterior Lightbar for 2020+ Ford Utility
/ EMPLB00214-033 2,883.0000 Y 5,766.00
- SO Quote# QSF005313

2.00 SIRE00632 500 Series bluePRINT Siren, Remote Push Button, 200-Watts
/ ENGSA5200RSP 1,042.8000 Y 2,085.60

2.00 VACC02609 / ENGLMK008 bluePRINT Link Micro Module 2021 PIU 343.2000 Y 686.40

4.00 SPEA00253 100 Watt Composite Siren Speaker with Universal Bail Bracket
/ ETSS100J5 248.0000 Y 992.00

2.00 SIRE00566 / ENGSYMD01 bluePRINT SYNC Module with Antenna 278.0000 Y 556.00

2.00 BKRT00092 Electronics Mounting Plate SOS, DRV 1/4 Panel, 20+ Utility
/ PIU20-EQUIP-001 140.0000 Y 280.00

2.00 VACC02945 StarTech.com 3 ft Panel Mount USB Cable B to B - F/M - Panel
/ B00FSYBKPM 12.0000 Y 24.00
***Push Bumper w/ Front Lighting***
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Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
2024/25 Utility Patrol x2 LAM11102 PT NET30
QTE0037620
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
Phone: (619) 596-1925
Fax: (619) 596-1909
La Mesa Police Department
8085 University Ave
Attn: Accounts Payable
Email Invoices to: [email protected]
La Mesa, CA 91942
AEP Santee
10729 Wheatlands Ave Ste C
Santee, CA, 92071
Year Make Model Color
2024/25 Ford Utility
State Contract #
NA
Tax

2.00 BUMP00905 PB450-LR4 Push Bumper, SoundOff mPower x4, 2020+ Utility
/ BK1526ITU20 509.5200 Y 1,019.04

4.00 LEDS04175 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Red/White
/ EMPSCG2STS4D 134.0000 Y 536.00

4.00 LEDS03901 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Blue/White
/ EMPSCG2STS4E 134.0000 Y 536.00

2.00 PATC00288 Bumper Harness, bluePRINT 500 w/3-Wire Dual, Universal
/ FT-UNV-SOB5-BUM-02 237.6000 Y 475.20
***Headlight Housing LED's***

2.00 LEDS03676 / ELUC3H010D Universal Under Cover LED Insert, 5-Wire, Red/White 82.0000 Y 164.00 (Driver side headlight assemble)

2.00 LEDS03657 / ELUC3H010E Universal Under Cover LED Insert, 5-Wire, Blue/White 82.0000 Y 164.00 (Passenger side headlight assemble)

4.00 LEDS02981 / PLUCTCL1 Twist-In UC LED Collar Kit 4.0000 Y 16.00 (Twist Locks for UC LED's)
Note: Wig/Wag Flash Via bluePRINT and FasTech
Harness
***Under Mirror LED's***
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Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
2024/25 Utility Patrol x2 LAM11102 PT NET30
QTE0037620
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
Phone: (619) 596-1925
Fax: (619) 596-1909
La Mesa Police Department
8085 University Ave
Attn: Accounts Payable
Email Invoices to: [email protected]
La Mesa, CA 91942
AEP Santee
10729 Wheatlands Ave Ste C
Santee, CA, 92071
Year Make Model Color
2024/25 Ford Utility
State Contract #
NA
Tax

2.00 LEDS04175 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Red/White
/ EMPSCG2STS4D 134.0000 Y 268.00

2.00 LEDS03901 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Blue/White
/ EMPSCG2STS4E 134.0000 Y 268.00

4.00 BKRT00113 Under Mirror Bracket, mPower/Intersector, 20+ Utility, Each
/ PMP2BKUMB4 22.5500 Y 90.20

4.00 VACC02904 bluePRINT 500 w/3-Wire LED Extension Single (Mirror), Univer
/ FT-UNV-SOB5-3WR-02 38.4000 Y 153.60
***Rear 1/4 Window LED's***

2.00 LEDS04175 / EMPSCG2STS4D 3-Wire mPower 4" Fascia LED, SM, 12-LED, Red/White 134.0000 Y 268.00

2.00 LEDS03901 / EMPSCG2STS4E 3-Wire mPower 4" Fascia LED, SM, 12-LED, Blue/White 134.0000 Y 268.00

4.00 LEDS03567 / PMP2WSSSB 4" mPower 25-90 degree Glass Mount/Shroud, Black 13.7500 Y 55.00 Qtr Glass Mount

4.00 PATC00311 / FT-UNV-SOB5-3WR-03 bluePRINT 500 w/3-Wire LED Extension, 24", Universal 55.2000 Y 220.80 ***Rear License Plate and Gate Open LED's***

4.00 LEDS04369 3-Wire mPower 4" Fascia LED, QM, 18-LED, Red/Blue/White
/ EMPSCG2QMS5RBW 134.0000 Y 536.00
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Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
2024/25 Utility Patrol x2 LAM11102 PT NET30
QTE0037620
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
Phone: (619) 596-1925
Fax: (619) 596-1909
La Mesa Police Department
8085 University Ave
Attn: Accounts Payable
Email Invoices to: [email protected]
La Mesa, CA 91942
AEP Santee
10729 Wheatlands Ave Ste C
Santee, CA, 92071
Year Make Model Color
2024/25 Ford Utility
State Contract #
NA
Tax

4.00 LEDS04370 / EMPSCG1SLS3J 3-Wire mPower 3" Fascia LED, SM, 8-LED, Red/Blue 110.0000 Y 440.00

2.00 PATC00292 / FT-F01-SOB5-LFT-01 Liftgate Harness, bluePRINT 500 w/3-Wire, 20+ Utility 276.0000 Y 552.00 ***Tail Light LED's***

4.00 LEDS03674 / ELUC3H010B Universal Under Cover LED Insert, 5-Wire, Blue 82.0000 Y 328.00

4.00 LEDS02981 / PLUCTCL1 Twist-In UC LED Collar Kit 4.0000 Y 16.00 Note: Tail Light Flash Via bluePRINT and FasTech
Harness
***Rear Under Spoiler LED's***

4.00 LEDS04368 3-Wire mPower Fascia LED, Stud Mount, 18-LED, Red/Blue/Amber
/ EMPSCG2STS5RBA 149.6000 Y 598.40

2.00 BKRT00074 / PMP2RS101 Under Spoiler mPower Bracket, 1-Module, 2020 Utility 48.0000 Y 96.00

2.00 PATC00294 2-Mod Spoiler Harness, bluePRINT 500 w/3-Wire, 20+ Utility
/ FT-F01-SOB5-SPO-02 134.4000 Y 268.80
***FasTech Harness/ Electrical System***

2.00 PATC00287 / FT-F01-SOB5-PRI-02 Primary Harness, bluePRINT 500 w/3-Wire, 20+ Utility 2,380.8000 Y 4,761.60 Quotation continued on next page ...

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Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
2024/25 Utility Patrol x2 LAM11102 PT NET30
QTE0037620
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
Phone: (619) 596-1925
Fax: (619) 596-1909
La Mesa Police Department
8085 University Ave
Attn: Accounts Payable
Email Invoices to: [email protected]
La Mesa, CA 91942
AEP Santee
10729 Wheatlands Ave Ste C
Santee, CA, 92071
Year Make Model Color
2024/25 Ford Utility
State Contract #
NA
Tax

2.00 PATC00291 Underhood Harness, bluePRINT 500 w/3-Wire, 20+ Utility
/ FT-F01-SOB5-UND-02 314.4000 Y 628.80

2.00 VACC02241 RJ45 Splitter, 1-Male to 3-Female, Use for BP

SYNC/LINK/CP
/ B07PPLK8L4 24.7000 Y 49.40

2.00 VACC01714 / AEP-SW-IDLE Switch, Idle Security, Off-On 15.3000 Y 30.60

2.00 VACC00342 / 13-100 Toggle Switch, Off-On, SPST.. 10.2000 Y 20.40

2.00 VACC01453 / AEP-LABEL-CARGO-DOMESwitch Label Plaque, "Cargo Dome, Door-Off" 8.5000 Y 17.00

2.00 LIGH00331 / M84434RW-A 6" LED Dome Light, Red/White, 110 Lumens 57.4000 Y 114.80 ***Center Equipment Console***

2.00 CONS01598 / 7170-0735-00 "Short" Console Package w/ Cup, 10"/4.5", 20+ Utility 495.0000 Y 990.00

2.00 FACE00845 / 20032 FP- SoundOff 500-Series Remote Siren, 3.5" 0.0000 N 0.00

2.00 FACE00546 / 7160-0321 FP- Motorola APX/XTL Remote Radio, 3" 0.0000 N 0.00 PL 2013-05-15

2.00 FACE00605 / 15082 FP- Switch/Power Port Knockouts, 2" 0.0000 N 0.00

2.00 FACE00794 / 18492 FP- Blank, 1.5" 0.0000 N 0.00
Quotation continued on next page ...

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Feb 27, 2024 6
Feb 27, 2024
Qty.

Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
2024/25 Utility Patrol x2 LAM11102 PT NET30
QTE0037620
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
Phone: (619) 596-1925
Fax: (619) 596-1909
La Mesa Police Department
8085 University Ave
Attn: Accounts Payable
Email Invoices to: [email protected]
La Mesa, CA 91942
AEP Santee
10729 Wheatlands Ave Ste C
Santee, CA, 92071
Year Make Model Color
2024/25 Ford Utility
State Contract #
NA
Tax

2.00 CONS00354 / C-ARM-104 Arm Rest, Adjustable 191.2500 Y 382.50 PB 2012-09-01

2.00 VACC02798 USB C & USB A Dual Port Car Charger Socket Power Outlet
/ B08DD4BH6G 26.3500 Y 52.70

2.00 VACC01101 / 11010 DC Power Port 3.0500 Y 6.10

2.00 VACC01102 / 11011 DC Power Port Cap 0.6800 Y 1.36

4.00 CONS01276 / MMBP-25 Magnetic Microphone Mount 37.9500 Y 151.80

2.00 LIGH00331 / M84434RW-A 6" LED Dome Light, Red/White, 110 Lumens 57.4000 Y 114.80 ***Computer Mount***

2.00 COMP01738 Panasonic Toughbook CF-54 docking Station w/ Lind 120W
/ 7170-0251 1,425.7500 Y 2,851.50

2.00 CONS01634 / 7160-1216-09 Mongoose XLE 9" Motion Attachment 390.0000 Y 780.00 ***Radio and Data Antenna***

2.00 ANTE00968 GPSB Sharkee Antenna kit, Cell w/ TNC, GPS w/TNC (Opt Whip)
/ GP-IN2236 236.0000 Y 472.00
Quotation continued on next page ...

PB#Assign EmailTo, Page 54 of 321 PB#INFO Email
Feb 27, 2024 7
Feb 27, 2024
Qty.

Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
2024/25 Utility Patrol x2 LAM11102 PT NET30
QTE0037620
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
Phone: (619) 596-1925
Fax: (619) 596-1909
La Mesa Police Department
8085 University Ave
Attn: Accounts Payable
Email Invoices to: [email protected]
La Mesa, CA 91942
AEP Santee
10729 Wheatlands Ave Ste C
Santee, CA, 92071
Year Make Model Color
2024/25 Ford Utility
State Contract #
NA
Tax

2.00 ANTE00792 / AFGB-832 Antenna Whip (Sharkee), 760-876 MHz 32.2100 Y 64.42

2.00 ANTE00782 / C23F-5M Radio Antenna Extension Cable, 16', Mini-UHF (MPL) 17.2800 Y 34.56 ***Prisoner Transport***

2.00 PRIS01937 10XL C2 Partition, Recessed, Poly Sliding, TM, 2020 Utility
/ PK1186ITU20-TM 940.7200 Y 1,881.44

2.00 PRIS01938 Transport Seat w/Poly Partition, Center Belts, 2020 Utility
/ QK0566ITU20 1,407.1200 Y 2,814.24

2.00 PRIS01939 / WK0514ITU20H Window Barriers, Steel Horizontal Bars, 2020 Utility 289.5200 Y 579.04

4.00 DOME00054 / E06-LS0R-1 Silho-X 4” Round Neutral White/Red Light SS Trim Ring 45.6500 Y 182.60

2.00 VACC01450 / AEP-SW-DOME1 Switch, Rear Dome Light, On-Door-Off 12.0000 Y 24.00

2.00 VACC01837 / AEP-SW-DOME4 3 Position Dome Switch White / Off /Red 12.0000 Y 24.00 ***Front Weapon Mount***

2.00 GUNM00747 Gun Rack Partition Mount, SC6 w/Barrel / SC1, #2 Key, 32"
/ GRPXXX6B1X232 665.0000 Y 1,330.00

2.00 GUNM00513 / GUNMARTDPGRDBOM AR-15 Takedown Pin Guard 175.0000 Y 350.00 Quotation continued on next page ...

PB#Assign EmailTo, Page 55 of 321 PB#INFO Email
Feb 27, 2024 8
Feb 27, 2024
Qty.

Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
2024/25 Utility Patrol x2 LAM11102 PT NET30
QTE0037620
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
Phone: (619) 596-1925
Fax: (619) 596-1909
La Mesa Police Department
8085 University Ave
Attn: Accounts Payable
Email Invoices to: [email protected]
La Mesa, CA 91942
AEP Santee
10729 Wheatlands Ave Ste C
Santee, CA, 92071
Year Make Model Color
2024/25 Ford Utility
State Contract #
NA
Tax
***Rear Cargo Storage System***

2.00 VACC02123 Setina 2 Drawer, Sliding, Top Combo Lock, Elevated, 2020 PIU
/ TK0841ITU20 1,750.3200 Y 3,500.64

2.00 GUNM00672 / GK10251ST Trunk Tray Mounted 870 Weapon Rack, #2 Key 271.9200 Y 543.84 ***Installation/ Freight***

96.00 LABO90001 / AEP INSTALL Installation Labor Services 105.0000 Y 10,080.00 EVT-Certified Technician Labor

2.00 SHOP90006 / Shop Supplies Installation Materials / Shop Supplies 75.0000 Y 150.00 ***Vehicle Transport and Freight/Shipping***
Freight / Shipping ($200.00) N 400.00
***Customer Supplied Equipment***

2.00 INST05685 / CSM Motorola APX-6500 Remote Radio 0.0000 N 0.00 55,421.63
51,111.18
4,310.45
Subtotal
Total sales tax
Total order
Order Discount 0.00
Parts
Labor / Services
Thank you for the opportunity to earn your business
Terms & Conditions:
· ESTIMATES VALID FOR 30 DAYS
· Orders will be invoiced upon notification of completion · Returns subject to 25% restocking fee. No returns on special order items.
· Credit Card payments accepted for payments of orders/invoicing totaling $10,000 or less only.

SIGNATURE (not required if PO/contract is issued)
PB#Assign EmailTo, PB#INFO Email
Trans / Trip / Fee
40,631.18
10,080.00
Shipping 400.00

0.00

Fund:
603

CERTIFICATE OF CITY/DIRECTOR OF FINANCE
Certification of Unappropriated Reserves
I HEREBY CERTIFY that the money required for the appropriation of funds for the purpose as docketed is available in the Treasury, or is anticipated to come into the Treasury, and is otherwise unappropriated.

Amount$
Purpose
Date
$148,387.63
03/12/2024
Fund 603-3900-000-000000
City of La Mesa
By Scott Hildebrand
Unappropriated Reserves Available Balance $ $6 167 677.29 Certification of Unencumbered Balance
I HEREBY CERTIFY that the indebtedness and obligation as docketed can be incurred; that sufficient monies to meet the obligations are actually in the Treasury, or are anticipated to come into the Treasury to the credit of the appropriation from which the same are to be drawn; and that said monies now actually in the treasury, together with the monies anticipated to come into the Treasury, to the credit of said appropriation are otherwise unencumbered.

Amount Not to Exceed $168,387.63
City of La Mesa
Date: 11/14/2023 By: Scott Hildebrand
Dept.I Activity:
65850-143-
000000
$20,000.00 from Account 603-65850-143-000000 (Amount Available $20,889.66)
Purpose: Resolution to Appropriate Funds for the Replacement of two Ford Hybrid Police Interceptor Utility Vehicles. The City has filed a claim with our insurance provider for these damages. If a settlement is reached, it will be used to replenish the Equipment Replacement Fund.

CERTIFICATE NO. 1864

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: March 12, 2024
SUBJECT: RESOLUTION AWARDING A PROFESSIONAL
SERVICES AGREEMENT TO STC TRAFFIC, INC., FOR

TRANSPORTATION PLANNING SERVICES FOR THE

SPRING STREET TRANSIT STATION MULTIMODAL

ACCESS CONNECTIONS STUDY
ISSUING DEPARTMENT: Public Works
SUMMARY:

Issues:

Should the City of La Mesa award a professional engineering contract to STC Traffic, Inc., for transportation planning services for the Spring Street Transit Station Multimodal Access Connections Study Project, for $199,620? Recommendation:

Adopt the attached resolution awarding a professional engineering contract to STC Traffic, Inc., for transportation planning services for the Spring Street Transit Station Multimodal Access Connections Study Project for $199,620.

Fiscal Impact:

Funding for the task order will be provided by the following accounts.

CIP ACCOUNT NAME FUND SOURCE GL

ACCOUNT
AMOUNT

REQUESTED

AMAOUNT

AVAILABLE
Spring Street Multimodal Access SB1 State Grant 302-224KOT $175,665.60 $176,000.00 HUTA Street Improvements 23 HUTA Sec. 2103 302-2227FT $ 23,954.40 $ 63,980.00 TOTAL $199,620.00 $228,167.00
City’s Strategic Goals:
 Invest in infrastructure to serve the needs of the community.

Report to Mayor and Councilmembers
Date: March 12, 2024
Page: 2 of 4
Climate Action Plan Reduction Strategy:

This item supports implementation of CAP measure T-1, which encourages active transportation options through the planning and development of safe active transportation infrastructure and facilities within the City.

BACKGROUND:

La Mesa City Council adopted a Vision Zero Plan to reduce traffic fatalities in the City of La Mesa to zero.

The Sustainable Communities (SC) Grant Program was created to support Caltrans’ stated mission of providing a safe, sustainable, integrated and efficient transportation system across the state. The City has applied for and been awarded funds through this program for several other transportation planning studies including the La Mesa Boulevard Complete Streets Plan Segments 1 and 2, and the La Mesa Bike and Sidewalk Connection Project.

In October 2021, the City applied for funds through this program for the Spring Street Transit Station Multimodal Access Connections Study Project (project). Caltrans submitted a letter informing the City that conditions of grant acceptance had been met and work for the grant was authorized to begin. The grant award for the project is $176,000, with the City to provide 12% in local matching funds.

DISCUSSION:

Multiple projects involving the Spring Street Station are in various phases of design. They include: a residential and commercial development project being designed and constructed by MTS; a multi-use urban trail providing access to the Spring Street Transit Station currently in the planning stage as part of the La Mesa Bike and Sidewalk Connections Project; and a connection from High Street and 240 military housing units to the Spring Street Station.

City staff has reached-out to representatives from the US Navy, MTS and Affirmed Housing (the developer of the Spring Street trolley station housing project) and all will be participating in the study as stakeholders.

This project includes the analysis and planning required to improve access to the Spring Street Transit Station by all modes of travel, while emphasizing and promoting low carbon impact and active modes of transportation, and coordinating these planned improvements for future design and construction phases.

Report to Mayor and Councilmembers
Date: March 12, 2024
Page: 3 of 4
The project objectives and deliverables include:
 Multiple stakeholder meetings to establish roles and responsibilities for future design and construction at the Spring Street Transit Station. Representatives from these stakeholders will include: the US Navy, MTS, Caltrans, and SANDAG.  Creation of a Master Plan for transportation improvements at the Spring Street Transit Station that will incorporate the other formerly mentioned projects and the La Mesa Transit-Oriented Development Feasibility Study completed for La Mesa in 2021 to ensure all necessary transportation infrastructure have been accounted for and also that the design of these improvements are not duplicated;  Creation of a 3D conceptual model/architectural graphics for the Spring Street Transit Station for proposed High Street crossing alternatives (undercrossing and overcrossing) for use in presentations, discussion, and outreach;  Development of a Project Study Report for the High Street Crossing, evaluating the technical aspects, providing costing for two alternatives (undercrossing and overcrossing) and providing a recommendation for the preferred alternative to use for securing funding for design and construction of the preferred alternative; and  Engagement, education and obtainment of community and stakeholder input through the preparation of outreach media, interviewing transit riders, and facilitating stakeholder meetings.

A Request for Proposal (RFP) for transportation planning services required to develop the project was prepared and sent to six of our preselected consultants on September 14, 2023. One proposal was received from STC Traffic, Inc. Based on direction we received from Caltrans personnel, the City may move forward with award to the responding consultant. STC Traffic, Inc. is a local consulting firm, has been in business since 2007, and specializes in transportation planning and traffic engineering including preparation of the La Mesa Local Roadway Safety Plan and the Massachusetts Avenue and Blackton Drive Pedestrian and Bike Improvements Project. Following negotiations with staff, it is recommended that a contract be awarded to STC Traffic, Inc., in the amount of $199,620.

CONCLUSION:

Staff recommends that the City Council adopt the attached resolution, awarding a professional engineering contract to STC Traffic, Inc., for the Spring Street Multimodal Access Connections Study Project in the amount of $199,620.

Report to Mayor and Councilmembers
Date: March 12, 2024
Page: 4 of 4
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
____________________________
Carly Cubberley, PE
Engineering Project Manager
Attachments: A. Resolution
B. STC Traffic Cost Proposal
C. Exhibit: Spring Street Multimodal Access Connections Study Project

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA AWARDING A TASK ORDER TO STC TRAFFIC, INC. FOR TRANSPORTATION PLANNING

SERVICES FOR THE SPRING STREET TRANSIT STATION MULTIMODAL

ACCESS CONNECTIONS STUDY PROJECT
________________________________________________________________ WHEREAS, $34 million in funding was made available to jurisdictions through the California Department of Transportation (Caltrans) Sustainable Transportation Planning Grant Program for the FY 2022-23 funding cycle;
WHEREAS, the City of La Mesa submitted an application to the Statewide Competition in October 2021;
WHEREAS, on October 12, 2022, the City of La Mesa was recommended to receive $176,000 in grant funding from Caltrans for the completion of the Spring Street Transit Station Multimodal Access Connections Study;
WHEREAS, the grant funding is for a portion of the amount requested in the application and therefore the City of La Mesa will be required to provide matching funds in the amount of $23,520;
WHEREAS, the City of La Mesa certifies that it has adopted a Complete Streets Policy or the equivalent in the 2012 General Plan Update in a public hearing on July 9, 2013, that is consistent with the California Complete Streets Act;
WHEREAS, on September 25, 2018, the City of La Mesa has adopted a Vision Zero Plan with the goal of eliminating deaths and serious injuries due to traffic collisions; WHEREAS, the City of La Mesa adopted a Climate Action Plan in March 2018, which establishes a goal to reduce community-wide greenhouse gas emissions by 53% and reduce vehicle miles traveled by 6% by 2035 through infrastructure improvements and other programs; WHEREAS, In April 2018, the City advertised a request for qualifications RFQ 18-15 for as-needed engineering services;
WHEREAS, STC Traffic, Inc. was selected as a qualified firm to provide as-needed construction management and inspection services;
WHEREAS, on September 14, 2023, the City requested proposals from their pre-qualified firms for transportation planning services for the Spring Street Multimodal Access Connections Project;
WHEREAS, on October 10, 2023, one proposal was received and subsequently evaluated;
WHEREAS, STC Traffic, Inc., was found to be the most highly qualified firm and was recommended for contract award based on their proposal; and

WHEREAS, a final scope of work and fee were negotiated with STC Traffic, Inc. to provide transportation planning services for the project.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the Mayor is hereby authorized to execute a contract with STC Traffic, Inc. to provide transportation planning services for the Spring Street Transit Station Multimodal Access Connections Project for the amount of $199,620 with funding from the California Department of Transportation (Caltrans) Sustainable Transportation Planning Grant and City matching funds from CIP HUTA - (Section 2103) Street Improvements PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 12th day of March 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2024- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

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

Employee Name Jason
Stack
Phil Kern |
C. Lambarth
Ashley Adamos
Joseph Walters
Ivan Gonzalez
Myles Baidy
Trevor
O'Neal
Classification Principal
Manager
Sr. Project
Manager
Project
Engineer II/III
Project
Engineer I
Direct Expenses/
Subconsultants
Standard Billing Rate $230.00 $210.00 $170.00 $140.00
Task Task Description Total
Hours
Total
Cost
Task 1 Data Collection - 16 28 16 $ 1,265.00 60 $ 11,625 Task 1.1 Document Request, Data Collection and Research - 8 16 - $ 1,265.00 $ 5,665 Task 1.2 Field Investigations/Digital Site Photos - 4 4 - $ - $ 1,520 Task 1.3 Base Mapping - 4 8 16 $ - $ 4,440
Task 2 Data Analysis - 64 104 48 $ 58,260.00 216 $ 96,100 Task 2.1 Mobility Assessment - 8 16 - $ 4,600.00 $ 9,000 Task 2.2 Conceptual Mobility/Circulation Study Incl. Roadway Geometry, Structures, ROW - 56 88 48 $ 26,860.00 $ 60,300 Task 2.3 Conceptual Rendering - $ 26,800.00 $ 26,800
Task 3 Community/Stakeholder Engagement 4 34 32 - $ 7,070.00 70 $ 20,570 Task 3.1 Develop Stakeholder List - 2 - $ - $ 420
Task 3.2 Community Outreach - 8 32 - $ - $ 7,120
Task 3.3 Stakeholder Meetings (MTS, SANDAG, Helix WD, US Navy, TOD) 4 24 - $ 7,070.00 $ 13,030 Task 4 Commission and Council Meetings - 28 28 - $ - 56 $ 10,640 Task 4.1 Meeting Preparation - 4 8 - $ - $ 2,200
Task 4.2 Mobility and Environmental Sustainability Commission Meetings - 16 16 - $ - $ 6,080 Task 4.3 City Council Meeting - 8 4 - $ - $ 2,360
Task 5 Draft and Final Access Plans (PSR Equivalent) 8 48 88 - $ 33,805.00 144 $ 60,685 Task 5.1 Prepare Draft and Final ROM Cost Estimates (PSR Equivalent) 4 16 24 - $ 9,755.00 $ 18,115 Task 5.2 Prepare Draft and Final Access Plans (PSR Equivalent) 4 32 64 - $ 24,050.00 $ 42,570 12 190 280 64 546
$2,760.00 $39,900.00 $47,600.00 $8,960.00 $ 100,400.00
TOTAL PROPOSED COST $ 199,620
STC Traffic - Cost Proposal
Spring Street Transit Station Multimodal Access Connections Study Total Hours
Subtotal

Imagery date: 11/18/18–newer 100 ft Camera: 2,285 ft 32°45'23"N 117°01'01"W 551 ft

ATTACHMENT C
Proposed
Right of Way
Acquisition
Underpass
Structure with
Precast Roll-in
or Drop-in Deck
HIGH ST. UNDERCROSSING
HIGH ST. OVERCROSSING
HIGH ST.

VALLEY
VIEW
CIRCLE
Transit
Turnback
Ramp under
High Street
Structure

FUTURE TRANSIT

ORIENTED

DEVELOPMENT
Relocate
Existing 33"
Helix Water
Main Into
Underpass
Structure SPRING ST.

SAN DIEGO TROLLEY

EAST LINE
Overpass
Structure
with
Precast
Bridge
Deck to
Maintain
Catenary
Clearances
Overpass
Structure to
Span Over
Existing
Water Main
and Future
Rail Trail
Roadway &
Transit Stop
Raised to Trolley
Platform Level
on CIP or MSE
Structure
Tight
Radius
Curves on
Roadways
to Reduce
Traffic
Speeds
HIGH ST. OVERCROSSING
Proposed
Retaining
Walls with
Architectural
Treatments

FUTURE TRANSIT

ORIENTED

DEVELOPMENT

Fund:
302
302

CERTIFICATE OF CITY/DIRECTOR OF FINANCE
Certification of Unappropriated Reserves
I HEREBY CERTIFY that the money required for the appropriation of funds for the purpose as docketed is available in the Treasury, or is anticipated to come into the Treasury, and is otherwise unappropriated.

Amount$
Purpose
Date
Fund _________________ _
Director of Finance
City of La Mesa
By
Unappropriated Reserves Available Balance $
Certification of Unencumbered Balance
I HEREBY CERTIFY that the indebtedness and obligation as docketed can be incurred; that sufficient monies to meet the obligations are actually in the Treasury, or are anticipated to come into the Treasury to the credit of the appropriation from which the same are to be drawn; and that said monies now actually in the treasury, together with the monies anticipated to come into the Treasury, to the credit of said appropriation are otherwise unencumbered.

Amount Not to Exceed $199,620.00
Dior7 ina
City of l!a Mesa
Date: 03/12/2024 By: Michael Throne
Dept.I Activity:
68300-000-
224KOT
68300-000-
2237FT
$175,665.60 from Account 302-68300-000-224KOT (Amount Available $176,000.00)
$23,954.40 from Account 302-68300-000-2237FT (Amount Available $63,980.00)
Purpose: Resolution Awarding a Professional Services Agreement to STC Traffic, INC., for Transportation Planning Services for the Spring Street Multimodal Access Connections Study.

CERTIFICATE NO. 1861

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: March 12, 2024
SUBJECT: RESOLUTION AUTHORIZING EXPENDITURE OF
FUNDS IN THE AMOUNT OF $68,275.73 TO MJC

CONSTRUCTION, INC FOR EMERGENCY LEE

AVENUE STORM DRAIN REPLACMENT PURSUANT

TO THE STATE OF CALIFORNIA PUBLIC CONTRACT
CODE SECTIONS 20168 AND 22050
ISSUING DEPARTMENT: Public Works
SUMMARY:

Issues:

Should the City Council approve a resolution authorizing the expenditure of funds in the amount of $68,275.73 to MJC Construction, Inc. for emergency Lee Avenue storm drain replacement as allowed by the State of California Public Contract Code?
Recommendation:

Staff recommends that the City Council approve the attached resolution authorizing expenditure of funds in the amount of $68,275.73 to MJC Construction, Inc for emergency Lee Avenue storm drain replacement.

Fiscal Impact:

Funding for the project is currently available in the storm Highway Users Tax Account (Section 2103) Drainage Improvement 23 CIP Account 304-68300-000- 4230FT.

City’s Strategic Goals:
 Invest in infrastructure to serve the needs of the community.

Report to Mayor and Councilmembers
Date: March 12, 2024
Page: 2 of 2
BACKGROUND:

On February 8, 2024, a sinkhole was discovered on Lee Avenue at the entrance to the employee access to the Helix Water District headquarters building. A corrugated metal storm drain pipe had deteriorated causing a substantial sinkhole, which posed a serious safety hazard to vehicles and pedestrians. Staff determined that immediate attention was necessary to avoid further collapse of the street and the Helix driveway entrance. MJC Construction, Inc., was retained on a time and materials basis to immediately fix the failed storm drain culvert and solve the safely problem.

DISCUSSION:

Due to the urgent nature of the work, the formal bidding process was waived. In accordance with the State of California Public Contract Code, Section 22050, in the case of emergency, a public agency may take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes without giving notice for bids to let contracts. Public Contract Code Section 20168 requires that a resolution authorizing the emergency expenditure to be adopted by a four-fifths vote of the City Council. The storm drain pipe was replaced in 7 working days.

CONCLUSION:

Staff recommends that the City Council approve the attached resolution authorizing expenditure of funds in the amount of $68,275.73 to MJC Construction, Inc., for emergency Lee Avenue storm drain replacement.

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
Attachments: A. Resolution
B. Final Project Invoice

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AUTHORIZING EXPENDITURE OF FUNDS TO MJC CONSTRUCTION, INC. FOR

EMERGENCY STORM DRAIN CONSTRUCTION ON LEE AVENUE PURSUANT TO THE STATE OF CALIFORNIA PUBLIC CONTRACT CODE SECTIONS 20168 AND 22050
WHEREAS, on February 8, 2024, a sinkhole was discovered around the public storm drain pipe located near 4570 Lee Avenue;
WHEREAS, the situation posed a serious safety hazard to vehicle and pedestrian traffic into and out of the Helix Water District headquarters office and emergency action by the City of La Mesa was necessary;
WHEREAS, La Mesa selected MJC Construction, Inc. to replace the storm drain pipe on a time and materials basis and formal bidding requirements were waived for the project due to the urgent nature of the construction work;
WHEREAS, the State of California Public Contract Code Section 22050 allows the City to take any direct and immediate action necessary in circumstances that pose a threat to public health, welfare or safety;
WHEREAS, the State of California Public Contract Code Section 20168 requires that a Resolution authorizing the expenditure be adopted by a four-fifths vote of the City Council; WHEREAS, the total cost for the emergency storm drain replacement payable to MJC Construction, Inc is $68,275.73; and
WHEREAS, funding for the emergency work is currently available in the Storm Drain Capital Improvement Fund.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City Council does hereby authorize expenditure of $68,275.73 to MJC Construction, Inc. from the Storm Drain Capital Improvement Fund for emergency storm drain replacement on Lee Avenue pursuant to the State of California Public Contract Code.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 12th day of March 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF THE CITY CLERK
I, MEGAN WIEGELMAN, CMC, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2024-___, duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

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

Invoice
Date
3/5/2024
Invoice #
162172
Bill To

CITY OF LA MESA
8130 Alison Ave.

La Mesa ,Ca 91942
Job Number
Total
Payments/Credits Balance Due
LIC# 754128
3015 Sylvia Street
Bonita, CA 91902
PH: 619-472-5619
Item Description Qty Amount
4574 Lee Ave Storm Drain Emergency
02 Site ... Removal and replace 18" metal storm drain pipe and replace with new 18" HDPE pipe 68,275.73 02 Site ... Backfill pipe per city standards 0.00
02 Site ... Install two concrete lugs at pipe to manhole box connections 0.00 02 Site ... Bypass storm water from upstream manhole to downstream manhole with 4" pump. Total 150lf 0.00 02 Site ... Capture storm water at gutter lines and bypass to downstream manhole 0.00 $68,275.73
$68,275.73 $0.00

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: March 12, 2024
SUBJECT: RESOLUTION APPROVING THE FOURTH

AMENDMENT TO THE JOINT EXERCISE OF POWERS

AGREEMENT FOR THE METRO WASTEWATER JOINT

POWERS AUTHORITY (THE AGREEMENT) TO AMEND
SECTION 3.02 AND SECTION 3.05 OF THE

AGREEMENT
ISSUING DEPARTMENT: PUBLIC WORKS
SUMMARY:

Issues:

Should the City of La Mesa adopt a resolution for the fourth amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority to Amend Section 3.02 and Section 3.05 of the Agreement? Recommendation:

Adopt the attached resolution approving the fourth amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority to Amend Section 3.02 and Section 3.05 of the Agreement.

Fiscal Impact:

Increased Participating Agency cost share of a few thousand dollars a year are anticipated. Funds are paid from City’s budget for Wastewater JPA cost share items, within the Wastewater Enterprise Fund.

City’s Strategic Goals:
 Invest in infrastructure to serve the needs of the community.

Report to Mayor and Councilmembers
Date: March 12, 2024
Page: 2 of 3
BACKGROUND:

On October 25, 2000, agencies including the Cities of La Mesa, Coronado, Del Mar, El Cajon, Imperial Beach, Lemon Grove Sanitation District, Poway, Padre Dam Municipal Water District, County of San Diego, Lakeside/Alpine Sanitation District, and the Spring Valley Sanitation District entered into a Joint Exercise of Powers Agreement creating a Joint Powers Authority (JPA) for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Wastewater Disposal Agreement.

The following amendments have been previously made to the Agreement. On February 12, 2003, the Otay Water District was added as a participating agency. On June 4, 2003, the City of National City was added as a participating agency. On October 17, 2007, the City of Chula Vista was added as a participating agency.

Article VIII, Section 8.05 of the Agreement allows for amendments of the agreement.

DISCUSSION:

The proposed fourth amendment to the Agreement will change language related to the Treasurer, Auditor, and Legal Advisor to the JPA. Currently, these positions must be filled by staff of or a consultant to one of the member agencies. The fourth amendment to the Agreement will permit these positions to be staffed by any person who is duly appointed by the JPA Board and permitted to serve pursuant to Government Code Sections 6505.5 and 6505.6.

Allowing outside persons to serve in these above referenced positions will allow for greater flexibility in staffing and contracting for work products; and permit the JPA to freely select the best qualified persons. The previous language for Section 3.05 Legal Advisor had the potential to create a conflict of interest. In addition, obtaining qualified pro-bono JPA member agency staff time to allocate to these positions has become increasingly difficult.

Increased costs will be shared among the member agencies, and proportionally per the Agreement. Typically, the level of work involved for these positions is a few hours a week.

The anticipated cost increase is dependent on the level of work products contracted in a given year, and is subject to JPA Board approval, of which City of La Mesa is a member agency. Funds are paid from City’s budget for Waste Water JPA cost share items, within the Waste Water Enterprise Fund.

Report to Mayor and Councilmembers
Date: March 12, 2024
Page: 3 of 3
CONCLUSION:

Staff recommends that the City Council adopt the fourth amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority to Amend Section

3.02 and Section 3.05 of the Agreement and authorize the Mayor to sign the amended Agreement.

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
Attachments: A. Resolution
B. Fourth Amendment

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA

APPROVING THE FOURTH AMENDMENT TO THE JOINT EXERCISE OF

POWERS AGREEMENT FOR THE METRO WASTEWATER JOINT POWERS
AUTHORITY TO AMEND SECTION 3.02 AND SECTION 3.05 OF THE

AGREEMENT
WHEREAS, the City of La Mesa entered into a Joint Exercise of Powers Agreement with other local agencies on October 25th 2000 for the purposes of addressing regional wastewater issues;
WHEREAS, the Article VIII Section 8.05 of the Joint Exercise of Powers Agreement sets forth procedures for amendment of the Agreement;
WHEREAS, the agencies within the Joint Exercise of Powers Agreement wish to amend the Agreement requirement that the Treasurer, Auditor, and Legal Advisor are employed staff or consultants to member agencies; and
WHEREAS, the fourth amendment to the Joint Exercise of Powers Agreement will remove this requirement.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the Mayor and City Clerk are hereby authorized to execute the fourth amendment to the Metro Wastewater Joint Exercise of Powers Agreement.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 12
th day of March 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, CMC, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2024- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

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

FOURTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT

FOR THE METRO WASTEWATER JOINT POWERS AUTHORITY
TO AMEND SECTION 3.05 OF THE JOINT POWERS AGREEMENT
This Fourth Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority is made effective as of July 1, 2024, in the County of San Diego, State of California by each of the Participating Agencies of the Metro Wastewater JPA, a Joint Powers Agency (“JPA”) existing and organized pursuant to the provisions of Government Code section 6500 et seq.

RECITALS
WHEREAS, on October 25, 2000, the City of Coronado, a municipal corporation; the City of Del Mar, a municipal corporation; the City of El Cajon, a municipal corporation; the City of Imperial Beach, a municipal corporation; the City of La Mesa, a municipal corporation; the Lemon Grove Sanitation District, a political subdivision of the State of California, the City of Poway, a municipal corporation; Padre Dam Municipal Water District, a political subdivision of the State of California; and the County of San Diego (on behalf of: the Winter Gardens Sewer Maintenance District, a maintenance district established pursuant to California Streets & Hwys. Code section 5820 et seq.; the Lakeside/Alpine Sanitation District, a political subdivision of the State of California; and the Spring Valley Sanitation District, a political subdivision of the State of California) (the “Participating Agencies”) entered into a Joint Exercise of Powers Agreement (“Agreement”), creating the JPA for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Waste Water Disposal Agreement; and WHEREAS, on February 12, 2003, the Otay Water District was added as a Participating Agency of the JPA; and
WHEREAS, on June 4, 2003, the City of National City was added as a Participating Agency of the JPA; and
WHEREAS, on October 17, 2007, the City of Chula Vista was added as a Participating Agency of the JPA; and
WHEREAS, Article VIII, Section 8.05 of the Agreement allows for amendments of the Agreement; and
WHEREAS, the Participating Agencies wish to make certain amendments to reflect updates in officers and employees of the organization.

AGREEMENT

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

A. Pursuant to Article VIII, Section 8.05 of the Agreement, each of the Participating Agencies hereby amend the Joint Exercise of Powers Agreement for the Metro Wastewater JPA, as follows:

1. Article III, Section 3.02 is hereby revised in its entirety to read as follows:

3.02 Treasurer and Auditor. The Treasurer and Auditor may be any person(s) duly appointed by the Board and permitted to serve as the JPA Treasurer and/or Auditor pursuant to Government Code Sections 6505.5 and/or 6505.6. The Treasurer shall be the depository, shall have custody of all of the accounts, funds, and money of the JPA from whatever source, and shall have the duties and obligations set forth in Government Code sections 6505, 6505.5 and/or 6505.6 as applicable, and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the JPA. The officer performing the duties of Auditor shall have the duties and obligations set forth in Government Code section 6505, 6505.5 and/or 6505.6, as applicable.

2. Article III, Section 3.05 is hereby revised in its entirety to read as follows:

3.05 Legal Advisor. The Board shall have the power to appoint the legal advisor of the JPA who shall perform such duties as may be prescribed by the Board.

C. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall remain binding upon each of the Participating Agencies.

IN WITNESS WHEREOF, the parties have executed this Fourth Amendment as of the date first written above.

1. CITY OF CORONADO ATTEST
By:

2. CITY OF DEL MAR

ATTEST
By:

3. CITY OF EL CAJON

ATTEST
By:

4. CITY OF IMPERIAL BEACH

ATTEST
By:

5. CITY OF LA MESA

ATTEST
By:

6. LEMON GROVE SANITATION

DISTRICT

ATTEST
By:

7. CITY OF POWAY

ATTEST
By:

8. PADRE DAM MUNICIPAL WATER

DISTRICT

ATTEST
By:

9. COUNTY OF SAN DIEGO on behalf of

WINTER GARDENS SEWER

MAINTENANCE DISTRICT, LAKESIDE

SANITATION DISTRICT, ALPINE

SANITATION DISTRICT, AND SPRING

VALLEY SANITATION DISTRICT

ATTEST
By:

10. OTAY WATER DISTRICT

ATTEST
By:

11. NATIONAL CITY

ATTEST
By:

12. CHULA VISTA

ATTEST
By:

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: March 12, 2024
SUBJECT: A. RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER NO. 1 TO SNZ CONTRACTORS, INC. FOR BID 24-04, LEMON

AVENUE PARKING LOT IMPROVEMENTS
B. RESOLUTION AUTHORIZING THE APPROPRIATION OF
$402,605.84 FROM THE GENERAL FUND RESERVES AND
$100,000 FROM THE DOWNTOWN PARKING FUND TO THE
CAPITAL IMPROVEMENT PROGRAM FOR BID 24-04, LEMON

AVENUE PARKING LOT IMPROVEMENTS PROJECT
ISSUING DEPARTMENT: Public Works
SUMMARY:

Issues:

Should the City Council approve the attached Resolutions:

A. Authorizing Contract Change Order No. 1 to SNZ Contractors, Inc. for Bid 24-04, Lemon Avenue Parking Lot Improvements in the amount of $467,648.84?
B. Authorizing the appropriation of $402,605.84 from the General Fund Reserves and $100,000 from the Downtown Parking Fund to the Capital Improvement Program for Bid 24-04, Lemon Avenue Parking Lot Improvements Project and appropriate the expenditures in Capital Improvement Project Accounts?
Recommendation:

The City Council should approve the attached Resolutions:

A. Authorizing Contract Change Order No. 1 to SNZ Contractors, Inc. for Bid 24-04, Lemon Avenue Parking Lot Improvements in the amount of $467,648.84.

B. Authorizing the appropriation of $402,605.84 from the General Fund Reserves and $100,000 from the Downtown Parking Fund to the Capital

Report to Mayor and Councilmembers
Date: March 12, 2024
Page: 2 of 4
Improvement Program for Bid 24-04, Lemon Avenue Parking Lot Improvements Project and appropriate the expenditures in Capital Improvement Project Accounts.

Fiscal Impact:

The change order and additional project costs will be
SERVICE Vendor(s) AMOUNT

REQUESTED
SOURCE

AMOUNT AVAILABLE
Construction Services CCO-1 SNZ Contractors, Inc. $467,648.84 General Fund Transfer $402,605.84
Geotechnical Service and additional
Construction Management Services
Geocon Incorporated
Dudek $34,957
Downtown Parking Fund
$100,000
TOTAL $502,605.84 $502,605.84
City’s Strategic Goals:
 Invest in infrastructure to serve the needs of the community.

BACKGROUND:

On October 24, 2023, City Council passed and adopted Resolution 2023-120, accepting the low bid and including one additive for Bid 24-04 and awarding construction contract for the Lemon Avenue Parking Lot Improvements Project to SNZ Contractors Inc. in the amount of $465,500.

During the construction of the Lemon Avenue Parking Lot Improvements Project, unforeseen conditions were encountered that necessitated additional work and associated costs. Firstly, SNZ Contractors, Inc. inadvertently struck a gas line located within 1 foot of the property line while removing and replacing a light pole. This was an unknown gas lateral that was not previously identified. San Diego Gas & Electric Company (SDG&E) shut off the line, and it was discovered that the pipe was leaking and corroded beyond repair, requiring an entirely new line installation.

Furthermore, during the asphalt grinding process, it was discovered that the asphalt depth varied significantly from 2" to 12" throughout the parking lot. Additionally, the soil underneath the asphalt was found to be saturated with water and unsuitable for new pavement.

To address these unforeseen conditions, geotechnical services from Geocon Inc. were required to design a proper subgrade and compaction for the new parking lot. It was determined that a minimum of 1 foot of native soil needed to be replaced in conjunction

Report to Mayor and Councilmembers
Date: March 12, 2024
Page: 3 of 4
with the use of Geogrid technology to ensure a stable subgrade for the new parking lot.

Due to the increase in the extent of pavement replacement, additional Construction Management and Inspection services are required due to the additional work required to complete the project.

These unforeseen conditions, including the gas line replacement, varying asphalt depth, saturated soil, and the need for geotechnical services and soil replacement, were changed conditions from the original scope of work and contract. As a result, additional costs have been incurred, necessitating a change order to address these issues and ensure the successful completion of the Lemon Avenue Parking Lot Improvements Project.

DISCUSSION:

To maintain the support needed to finish the Lemon Avenue Parking Lot Project, staff requests an additional $402,605.84 be appropriated from the General Fund Reserves to a new Capital Improvement Project Account to complete the project. Staff also requests an additional $100,000 to be appropriated from the Downtown Parking Fund to a new Capital Improvement Project Account to complete the project CONCLUSION:

Staff recommends that the City Council adopt the attached resolutions:

A. Authorizing Contract Change Order No. 1 to SNZ Contractors, Inc. for Bid 24-04, Lemon Avenue Parking Lot Improvements in the amount of $467,648.84.

B. Authorizing the appropriation of $402,605.84 from the General Fund Reserves and $100,000 from the Downtown Parking Fund to the Capital Improvement Program for Bid 24-04, Lemon Avenue Parking Lot Improvements Project and appropriate the expenditures in Capital Improvement Project Accounts.

Report to Mayor and Councilmembers
Date: March 12, 2024
Page: 4 of 4
Reviewed by: Respectfully submitted by:
____________________ __________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
Jacob Martin__________________
Jacob Martin
Senior Management Analyst
Attachments: A. Resolution Approving CCO-1 to SNZ Contractors, Inc.

B. Resolution General Fund and Parking Fund Transfer
C. Contract Change Order 1 SNZ Contractors, Inc.

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AUTHORIZING CONTRACT CHANGE ORDER NO. 1 FOR THE LEMON
AVENUE PARKING LOT IMPROVEMENTS PROJECT, BID 24-04, TO SNZ CONSTRUCTION, INC.

WHEREAS, the City of La Mesa has a strategic goal to invest in infrastructure to serve the needs of the community;
WHEREAS, the Lemon Avenue Parking Lot Improvements Project is a crucial initiative aimed at addressing the parking needs of the community, providing green initiatives including new trees & EV charging stations, contributing to local infrastructure development, and enhancing overall accessibility;
WHEREAS, on October 23, 2023, a contract was awarded to SNZ Construction, Inc. to provide construction services for the Lemon Avenue Parking Lot Improvements Project; WHEREAS, the Contractor encountered unforeseen conditions during construction, necessitating a change order;
WHEREAS, Administrative Instruction F-13 requires approval by the City Council for Public Works construction change orders over $25,000.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the Mayor is hereby authorized and instructed to execute for and on behalf of said City, Contract Change Order No. 1 for additional construction services between the City of La Mesa and SNZ Construction, Inc., for an amount of $467,648.84 for the Lemon Avenue Parking Lot Improvements Project.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 12
th day of March 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2024-011, duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

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

ATTACHMENT B
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AUTHORIZING THE ALLOCATION OF $402,605.84 FROM GENERAL FUND RESERVES AND $100,000 FROM THE DOWNTOWN PARKING FUND
RESERVES TO THE CAPITAL IMPROVEMENT PROGRAM FOR BID 24-04,

LEMON AVENUE PARKING LOT IMPROVEMENTS PROJECT
WHEREAS, the City of La Mesa has a strategic goal to invest in infrastructure to serve the needs of the community;
WHEREAS, the Lemon Avenue Parking Lot Improvements Project is a crucial initiative aimed at addressing the parking needs of the community, providing green initiatives including new trees & EV charging stations, contributing to local infrastructure development, and enhancing overall accessibility;
WHEREAS, on October 23, 2023, a contract was awarded to SNZ Construction, Inc. to provide construction services for the Lemon Avenue Parking Lot Project; WHEREAS, the construction of the Lemon Avenue Parking Lot Improvements Project began on January 2, 2024;
WHEREAS, during construction, it was discovered that the existing asphalt and soil conditions were unsuitable for new pavement without additional necessary work; WHEREAS, the unforeseen asphalt and soil conditions were not apparent during the initial planning stages, leading to unanticipated costs;
WHEREAS, addressing the asphalt and soil conditions requires additional funds to ensure the successful completion of the project;
WHEREAS, recognizing the importance of completing the Lemon Avenue Parking Lot Improvements Project and the positive impact it will have on our community, it is essential to secure additional funding to ensure the project's successful implementation; and WHEREAS, General Fund reserves and the Downtown Parking Fund have sufficient reserves to fund the recommended allocation.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, as follows: that $402,605.84 is appropriated from General Fund reserves and $100,000 is appropriated from the Downtown Parking Fund to a Capital Improvement Project Accounts, for the Lemon Avenue Parking Lot Improvements Project.

ATTACHMENT B
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 12
th day of March, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 202, duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

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

RE Contract: Date:

Bid No.:

The time provided for the contract is
Therefore, the revised contract time is working days, and the revised completion date is
$ 35,692.19
14 Labor $ 63,353.16
15 Subcontractor, Equipment & Material markup (7.5%) $ 23,615.28 $ 15,000.00
20 Install Drainage (1 Unit) $ 3,750.00
21 Planter Demolition (1 Unit) $ 3,000.00
16 Abandon existing Gas Line and install new line in parking lot (1 Unit) $ 30,360.00 17 Additional Gas line installation (1 Unit) $ 4,700.00 18 Extra Excavation (60 Units at $150 unit) $ 9,000.00
$ 100.00
7 Ferguson - Catch Basin (1 Unit) $ 673.50
8 Guida Surveying (1 Unit) $ 1,480.20
2 PCA Trucking (1 Unit) $ 56,723.00
3 United Rentals- Equipment (1 Unit) $ 18,685.37
4 Vulcan - 2200.58 Tons Base(1 Unit) $ 68,083.14
5 A&D Logistics Water Truck (1 Unit) $ 10,742.50
$ 467,648.84
Total Change
NET CHANGE THIS CCO (+ or -)
3/28/2024 .

NEW CONTRACT AMOUNT (C + B + A) % Change 100%
1 $ 12,000.00
SNZ Contractors, Inc. Reso. No.:
12 % Change 100%
9 Alpine Asphalt Dumping (1 Unit) $ 2,125.00
10 White Cap - GeoGrid (1 Unit) $ 4,665.50
11 Paving - including material and labor (400 Units at $250 unit) $ 100,000.00 6 SO Cal Dumpster Rental (6 Units at $650 unit)
1" conduit Replace line (1 Unit)
increased by 14 working days.

CITY OF LA MESA
You are hereby requested to comply with the listed changes in the contract plans and specifications. Furnish to the City of La Mesa as follows:

Item No.

Change in
Contract Price
3/12/2024
24-04
Detailed Description of Changes & Quantities or Scope of Work Lemon Avenue Parking Lot Improvements
CONTRACT CHANGE ORDER NO. 1
P.O. No.:
2024-
242270
TO:

Bobcat Equipment Rental (1 Unit)
44 $ 3,900.00

ORIGINAL CONTRACT AMOUNT
$ 467,648.84
$ 465,550.00
TOTAL CCO's (+ or -) $ 467,648.84 % Change 100%
CCO's PREVIOUSLY APPROVED (+ or -) $ - % Change 0%
$ 933,198.84
19 Extra Fill (100 Units at $150 unit)
13 Esreb, Inc- Truck, Equipment, Fuel Invoice (1 Unit)

RE Contract: Date:

Bid No.:

SNZ Contractors, Inc. Reso. No.:

CITY OF LA MESA
3/12/2024
24-04
Lemon Avenue Parking Lot Improvements
CONTRACT CHANGE ORDER NO. 1
P.O. No.:
2024-
242270
TO:

I, THE UNDERSIGNED CONTRACTOR/CONSULTANT, have given careful consideration to the changes proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the price shown above.

City Clerk
Michael Throne, Director of Public Works Mark Arapostathis, Mayor SNZ CONTRACTORS, INC.

Zade Muhtaseb, CEO
APPROVAL RECOMMENDED BY: APPROVED BY:

This document shall become an amendment to the contract and all provisions for the contract will apply hereto. The contractor accepts this change order as full compensation for additional work and delay to the project caused by this change order. This change order was requested by the City/Contractor.

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: March 12, 2024
SUBJECT: PUBLIC HEARING: CONSIDERATION OF AN APPEAL OF
PLANNING COMMISSION’S APPROVAL OF RESOLUTION
PC-2023-07 FOR THE CONTINUATION OF THE

CONDITIONAL USE PERMIT (CUP) AUTHORIZING
PERFORMANCE ENTERTAINMENT AT 9566 MURRAY

DRIVE, KNOWN AS THE CHARCOAL HOUSE
ISSUING DEPARTMENT: Community Development
SUMMARY:

Issues:

Should the City Council affirm the Planning Commission’s approval of Resolution PC2023-07 for the continuation of performance entertainment at the Charcoal House? Recommendation:

That City Council adopt the draft resolution affirming the Planning Commission’s approval of Resolution PC-2023-07, for the continuation of the CUP authorizing performance entertainment at the Charcoal House and, thereby, deny this appeal of the Planning Commission’s approval.

Fiscal Impact:

In 2004, the City adopted a 100% Cost Recovery Policy with exceptions. Appeals are an exception of said policy and are set at a fee of $100.

City’s Strategic Goals:
 Maintain a community where residents and visitors feel safe.  Promote a high quality of life that current and future generations can afford to call home.

Report to Mayor and Councilmembers
Date: March 12, 2024
Page: 2 of 7
Environmental Review:

This project has been determined to be Categorically Exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301.

BACKGROUND:

The Charcoal House is a restaurant located on
the north side of Murray Drive, just north of I-8,
between Loren Drive and Water Street, as
shown on the vicinity map (Attachment C), in
the Neighborhood Commercial – Urban Design
Overlay (CN-D) zone (Attachment D).

Surrounding development is commercial,
including a hotel to the west, an indoor sports
arena to the north, and a multi-tenant building to
the east that shares a common parking lot with
the subject property. The project site is bordered
by the I-8 Interstate Highway to the south. A
residential neighborhood is located
approximately 420 feet west of the subject
property. In addition, other commercial and
residential properties are located on the south
side of the freeway 300 feet or more away from
the subject property.

In the subject CN-D zone, restaurants are permitted by right and performance entertainment by conditional use permit. Pursuant to La Mesa Municipal Code (LMMC) section 24.02.060, the Planning Commission shall grant a conditional use permit after consideration of a report and a public hearing when the following findings are made:
(a) Incompatibility with other uses in the same vicinity will not result. (b) Issuance of such a conditional use permit would not lead to the creation of a nuisance and would not endanger the public health, safety or order by:

1. Unreasonably increasing pedestrian and/or vehicular traffic in the area in which the premises are located; or

2. Increasing the incidence of disruptive conduct in the area in which the premises are located; or

3. Unreasonably increasing the level of noise in the area in which the premises are located.
(c) The use is consistent with the general plan.

Report to Mayor and Councilmembers
Date: March 12, 2024
Page: 3 of 7
The approval of a conditional use permit may be made subject to such conditions as are deemed necessary to assure that the use conforms to the above requirements and findings.

Since 1991, the facility has operated as a restaurant with performance entertainment (Attachment E). In 2011, new owners implemented operational changes to address longstanding issues that included intermittent public disturbances and calls for police service.

On August 3, 2022, the Planning Commission held a duly noticed public hearing to consider a request for an amendment to the CUP to expand the performance use (within the existing building) and address long-standing City compliance issues. The background and history of the property since 1991 is included in Attachment F. After taking public testimony and considering all findings of fact, the Planning Commission approved an amendment to the CUP, authorizing the continuance and expansion of performance entertainment including live singers, disk jockey (D.J.), dancers, comedians, and magicians, receptions and celebrations at their establishment pursuant to the Conditions of Approval in Resolution PC-2022-06 (Attachment G).

Pursuant to Resolution PC-2022-06 General Condition 13, the Director of Community Development reported back to the Planning Commission (Director’s Report) in a duly noticed public hearing on December 6, 2023 (Attachment H). The Planning Commission voted unanimously to approve the continuation of the CUP, Resolution PC-2023-07 (Attachment I):

DISCUSSION:

On December 7, 2023, the City Clerk received an appeal of the Planning Commission’s decision to allow for the continuation of performance entertainment at the Charcoal House (Attachment B).

The appeal packet submitted includes the following:
 Cover letter from the appellant, requesting that the CUP be denied in its entirety.  Exhibits that include the Resolution NO PC-2022-06, and the Charcoal House 2022 Business Plan statement
 Code Compliance Correspondence
 An Alcoholic Beverage Control Appeals Board Notice of Hearing Determination issued on May 7, 2020 to suspend their license of 15 days for smoking in an enclosed space, or at a place of employment, and made unauthorized physical changes to the licensed premises.
 Correspondence from the Police Chief
 LMMC 24.04.040 - Off-Street Parking and Driveways for Commercial and Industrial Uses  The Preferred Valet Agreement
 Copy of Initial Routine Fire Inspection October 13, 2023  Photograph Exhibits
The Appellant attended the Planning Commission public hearing and provided testimony related to the application during the public hearing. The following reflects assertions made in the appeal and corresponding staff responses:

Report to Mayor and Councilmembers
Date: March 12, 2024
Page: 4 of 7
Appellant Issue 1:

The CUP submitted by the “Community development board” and the business plan by the Charcoal House either intentionally or unintentionally omitted significant information Commissioners could have used to make a more informed decision.

Staff Response to Appellant Issue 1:

On December 6, 2023 the Planning Commission received the Director’s Report, public comment and testimony, including testimony from La Mesa Police Department, the City’s Building Official, the Charcoal House (Applicant) and Gary Wyer (Appellant). In the appeal cover letter, the Appellant states that the project does not meet minimum parking requirements, violates the LMMC for parking considerations, and that there are noise concerns that were not reviewed during the hearing. During the December 6, 2023, Planning Commission hearing, the Appellant testified about these concerns. In addition, testimony was provided by the Police Department and the Building Official that there were no public health, safety or public nuisance concerns. The Director’s Report also included a staff recommendation that additional conditions of approval be included that would further assist in ensuring that nuisance conditions will be prevented from occurring from continuation of performance entertainment. These conditions include that the Applicant enter into formal agreements for:
a) Professional valet services
b) Security services, and
c) Towing services
These agreements are provided as Attachment J, and are provided as part of the appeal packet, (Attachment B Pages 25 – 27). The Planning Commission considered all information presented and voted unanimously to approve Resolution PC-2023-07, to allow for the continuation of performance entertainment at the Charcoal House.

Appellant Issue 2:

The Charcoal House has failed to be a good neighbor, is a known nuisance to city officials and has an unwillingness to follow municipal codes.

Staff Response to Appellant Issue 2:

Since the approval of the CUP in 2022 and issuance of temporary occupancy, City Code Compliance and the La Mesa Police Department has acted on all complaints and calls for service received, and conducted scheduled patrol checks of the premises. Officers have not noted any unusual activity when responding to complaints received and nonscheduled patrol checks of the premises. The appellant provided photos of cars parked

Report to Mayor and Councilmembers
Date: March 12, 2024
Page: 5 of 7
within and around the property as part of the appeal packet (Attachment B Pages 15-23).

Incidents of on-site parking violations, including vehicles parked in travel lanes and disabled parking violations, were cited. To ensure that the performance use continues to support the compliance with conditions and findings of fact, the Fire Department and Building Official worked with the Applicant to implement the delineation of a fire lane and towing signage on-site at the Charcoal House.

As part of the appeal packet, the Appellant provided an exhibit of an Alcoholic Beverage Control (ABC) Appeals Board Notice of Hearing Determination issued on May 12, 2020 to suspend the Charcoal House ABC license for 15 days for smoking in an enclosed space, or at a place of employment, and made unauthorized physical changes to the licensed premises. Smoking is prohibited by state law in enclosed areas of places of employment as defined and regulated pursuant to California Labor Code Section 6404.5. During the December 6, 2023 Planning Commission public hearing, the issue of indoor hookah was brought forward by the Chair, and discussed at length. The Applicant agreed with the Planning Commission that they will remove hookah from their business plan. To memorialize this, a condition of approval was included as part of Resolution PC-2023-07 (Attachment I) that prohibits smoking in enclosed areas of places of employment pursuant to the state law. This item is regulated by the state, and the Charcoal House would be subject to losing their liquor license if they are in violation of the state law.

Appellant Issue 3:

The behavior of the Charcoal House owners has been well documented and shows they will not uphold their end of the agreement.

Staff Response to Appellant Issue 3:

The most recent owners have been working with the City to obtain the necessary permits for issuance of final Certificate of Occupancy, and to remain in compliance with the CUP.

The Applicant has worked with the City to resolve any on-site issues.

The Applicant has resolved all items identified in the appeal packet, as can be seen in the current photos of the site (Attachment K). Attachment L provides a list of items the Charcoal House has completed to obtain the necessary permits for issuance of the final Certificate of Occupancy. In addition, the applicant resolved all items identified in the routine life and fire safety inspection of the property as noted in the Notice of Life and Fire Safety Violations, dated October 13, 2023 and provided as part of the appeal packet, Attachment B Pages 28-34. All violations were addressed and/or repaired by October 18, 2023 to the specifications of the Fire Marshall and the Inspection Report is provided as Attachment M. The Charcoal House has been responsive to the City in our requests and met all established time frames and requirements.

Staff determined that the information submitted by the Appellant does not provide new information, of a material nature, warranting a change of findings as determined by the Planning Commission. Furthermore, the Planning Commission’s approval of the continuation of the CUP

Report to Mayor and Councilmembers
Date: March 12, 2024
Page: 6 of 7
(on December 6, 2023) imposed additional conditions necessary to prevent nuisance conditions from occurring due to the continuance of performance entertainment. The additional conditions include the following and are summarized as follows (Attachment I):

1. A condition of approval outlines the process for a new public hearing before the Planning Commission, should the Director of Community Development determine that the use is not in compliance with the CUP and/or the City of La Mesa Code of Ordinances. If the project is determined to be in good standing, the CUP will automatically renew in 5 years from the date of issuance.

2. The business is required to enter into formal agreements for professional valet and towing services, requiring fire lane delineation and towing signage to be placed at the property to assist in reducing further parking violations at the Charcoal House, and ensuring that pedestrian paths of travel remain clear.

3. Processes were implemented to ensure that the City has the most up-to-date valet, security, and towing service agreements in place at all times.

4. Smoking is prohibited in enclosed areas of places of employed as defined and regulated pursuant to California Labor Code Section 6404.5.

Conditional Use Permit Findings for Continuation of Performance Entertainment Based on the totality of the record, including additional conditions in the CUP required by the Planning Commission at the December 6, 2023 public hearing, the Planning Commission determined that Resolution PC-2023-07 supports continued compliance with the conditions of approval and findings of fact pursuant to LMMC 24.02.060.

PUBLIC NOTICE
Notification of the March 12, 2024, City Council public hearing to consider the appeal of the Planning Commission’s approval of the project was mailed to all property owners within 300 feet of the subject property and interested parties on March 1, 2024, and published in the San Diego Daily Transcript on Friday, March 1, 2024.

ENVIRONMENTAL REVIEW:

The project is categorically exempt from environmental review under California Environmental Quality Act (CEQA) Guidelines Section 15301, which exempts minor alterations where there is a negligible expansion of use. Interior alterations to existing buildings qualify for this exemption.

None of the exceptions in Section 15300.2 apply.

Report to Mayor and Councilmembers
Date: March 12, 2024
Page: 7 of 7
RECOMMENDATION:

Adopt a resolution (Attachment A) approving Resolution PC-2023-07, thus denying the appeal (Attachment B).

Reviewed by: Respectfully submitted by:

____________________ Lynnette Santos
Greg Humora Lynnette Santos
City Manager Director of Community Development
Attachments:

A. Draft Resolution affirming the approval of Resolution PC-2023-07 B. Appeal of Planning Commission approval of Resolution PC-2023-07 C. Vicinity Map
D. Zoning Map
E. CP-01-91 Approved Plans and Resolution No. BOA-91-04 F. August 3, 2022 Planning Commission Staff Report Project 2021-26 G. Resolution No. PC-2022-06
H. December 6, 2023 Planning Commission Report Project 2021-26 I. Resolution No. PC-2023-07
J. Security, Valet, and Towing Agreements
K. Current Site Photographs
L. Certificate of Occupancy Items
M. Life and Fire Safety Inspection Report

RESOLUTION NO. 2024-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA AFFIRMING THE PLANNING COMMISSION’S APPROVAL OF RESOLUTION PC-2023-07,

FOR THE CONTINUATION OF THE CONDITIONAL USE PERMIT AUTHORIZING PERFORMANCE ENTERTAINMENT AT 9566 MURRAY DRIVE, KNOWN AS THE

CHARCOAL HOUSE, THUS DENYING THE APPEAL
WHEREAS, project applicant Charcoal House (restaurant) has submitted a conditional use permit application to the City of La Mesa for an amendment to the existing Conditional Use Permit (CP-01-91) for performance entertainment at an existing restaurant at 9566 Murray Drive in the CN-D (Neighborhood Commercial/Urban Design Overlay) zone; WHEREAS, pursuant to Section 24.06.020 of the La Mesa Municipal Code (LMMC), performance entertainment is permitted upon approval of a conditional use permit in the Neighborhood Commercial zone;
WHEREAS, on August 3, 2022, the Planning Commission adopted Resolution PC-2022- 06 approving Project 2021-26 to allow for the continuation of performance entertainment; WHEREAS, Planning Commission Resolution PC-2022-06, adopted on August 3, 2022, required the Director of the Community Development Department to schedule a noticed public hearing before the Planning Commission to provide a report confirming that the performance entertainment use is in compliance with the conditions of approval and findings of fact of Resolution PC-2022-06;
WHEREAS, pursuant to a duly noticed public hearing on December 6, 2023, Planning Commission accepted said report from the Director of Community Development and determined that the performance entertainment use continues to satisfy the findings necessary to sustain the CUP pursuant to LMMC section 24.02.060 and approved Resolution PC-2023-07 authorizing the continuation of performance entertainment at the Charcoal House subject to specified conditions which include but are not limited to the requirement that the Charcoal House enter into formal agreements for on-site towing, valet, and security services; WHEREAS, said conditions support continued compliance of the conditions of approval and findings of fact pursuant to LMMC 24.02.060;
WHEREAS, on December 7, 2023, the City Clerk received an appeal of the Planning Commission’s approval of Resolution PC-2023-07; and
WHEREAS, the City Council conducted a duly noticed public hearing on March 12, 2024, and accepted public testimony in considering the appeal of Resolution PC-2023-07 and the related record in its entirety.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA MESA AS FOLLOWS:

1. The foregoing recitals are true and accurate and hereby adopted in their entirety and are hereby incorporated in this resolution.

2. The findings of fact and determinations adopted by the Planning Commission are supported by the entire record related to this appeal including the staff report, public testimony, minutes, plans and exhibits, all of which are herein incorporated by reference.

3. The City Council finds and determines that the approval of Resolution PC-2023-07 pursuant to the additional conditions imposed by Planning Commission will further prevent nuisance conditions from occurring related to performance entertainment.

Said conditions require the Applicant to enter into formal agreements for professional valet, towing and security services.

4. The City Council thereby resolves to affirm the Planning Commission’s approval of Resolution PC-2023-07, thus deny the appeal of the same.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 12th day of March 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, CMC, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be true and exact copy of Resolution No. 2024-XX, duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

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

Conditional Use Permit
ProjectNo. 2021-26

MURRAY DR

WATER ST
LO
R
E
N
D
R

GROSSMONT BL

FUERTE DR

SIERRA VISTA AV

GROSSMONT SUMMIT DR
MILDEN
ST

LEMON ST

PRIVATE DY

HILMER DR

LA SUVIDA DR

GROSALIA AV

MONONA DR
ALLEY
0 170 340 510 680
FEET
DATA SOURCES:

City of La Mesa 2020, SanGIS 2020

PROPERTY INFORMATION
Site Address
APN
Lot Size
General Plan
Zoning
Applicant
CN-D Neighborhood Commercial/
Urban Design Overlay
Vicinity Map
¹
Regional Serving Commercial
Charcoal House
9566 Murray Dr.
486-840-06-00

0.68 (29,621)

Conditional Use Permit
2021-26
CN-D
R1S
R1S
R1S
R1
R1S R3 R1
R1S
RB
RB
R1
R1E-P
CN-D
R1S
R1E-P
R1E-P
R1S R1E-P

MURRAY DR

WATER ST
LO
R
E
N
D
R

GROSSMONT BL

GROSSMONT SUMMIT DR

PRIVATE DY

MILDEN ST

FUERTE DR

LEMON ST

HILMER DR

PLIMPTON
RD

LA SUVIDA DR

HUNTERS LN

PRIVATE DY
E:\cp2021\Projects\2021-19 EDCO\2021-19 GIS\2019-25 Zoning Map.mxd 27 June 2022 0 140 280 420 560
FEET
DATA SOURCES:

City of La Mesa 2019, SanGIS 2019

PROPERTY INFORMATION
Site Address
APN
Lot Size
General Plan
Zoning
Applicant
CN-D Neighborhood Commercial,
Urban Design Overlay Zone
Zoning Map
¹
Regional Serving Commercial
Charcoal House Restaurant
9566 Murray Drive
486-840-06-00
29,620.8 sq. ft. / .68 AC

REPORT to the LA MESA PLANNING COMMISSION
DATE: August 3, 2022
SUBJECT: 2021-26 (Charcoal House Restaurant) – A request for an amendment to an existing Conditional Use Permit (CP-01-91) for performance entertainment at an existing restaurant at 9566 Murray Drive in the CN-D (Neighborhood Commercial/Urban Design Overlay) zone.

ISSUING DEPARTMENT: Community Development

SUMMARY
Issues:

Should the Planning Commission determine that the proposed amendments to the performance entertainment use meet the findings required for approval of a Conditional Use Permit?
Recommendation:

Adopt a resolution (Attachment A) approving the amendment to the Conditional Use Permit, subject to the conditions of approval in Exhibit A thereto.

Environmental Review:

This project has been determined to be Categorically Exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301.

BACKGROUND:

The Charcoal House restaurant is located on the north side of Murray Drive, just north of I-8, between Loren Drive and Water Street, as shown on the vicinity map. The subject property is located in the CN-D zone as shown in the Zoning Map (Attachment B).

Surrounding development is commercial, including a hotel to the west, an indoor sports arena to the north, and a multi-tenant building to the east that shares a common parking lot with the subject property. The project site is bordered by the I-8 to the south.

Residential neighborhoods surround the Neighborhood Commercial zone area to the north, south, and west.

Project No. 2021-26 (Charcoal House Restaurant) August 3, 2022

The 7,000 square-foot restaurant building is
situated toward the south part of its 0.68-acre
site, with the westerly building wall abutting
the west side property line. There is a large
parking area at the rear that is accessed by a
two-way driveway that runs along the east
side of the building. Five additional parking
stalls are located toward the front of the site
at a right angle to the street.

The building has operated as a restaurant
with live entertainment for several years.

Performance entertainment may be permitted by conditional use permit in the subject CND zone. In 1991, the applicant obtained approval for a Conditional Use Permit (CP-01- 91) for live entertainment in the lounge (bar) area only, as shown in Attachment C, but extensive unpermitted work throughout the years has changed the layout of the restaurant to the point that this area no longer exists where it was originally proposed. In the past, the site was known for having a high volume of public disturbances, including assaults, public intoxication, and fighting in the parking lot, but in 2011, these issues minimized under new ownership and operational changes.

In 2016, the applicant applied for a special permit (SP-16-03) to replace the unpermitted outdoor dining enclosed with a plywood fence and a series of connected shade canopies with a new 10-foot high perimeter wall and covered arcade around an open central courtyard. The Special Permit was entitled in 2016. The Special Permit prohibits live entertainment in the outdoor patio area, limiting outdoor amplification to ambient music and TV. In 2018, the City started to receive an increased number of consistent complaints regarding excessive noise emanating from the Charcoal House Restaurant. Based on staff investigation, live entertainment was located adjacent to the outdoor dining area and outdoor amplification was exceeding ambient music and TV levels.

In February 2019, City Staff met with the owners of the Charcoal House Restaurant to create a plan of action to address the excessive noise emanating from the outdoor patio.

It was determined that a roof enclosure over the outdoor patio was necessary to ensure that there was no outdoor amplification. A permit for a temporary canvas patio cover was issued in March 2019, and a permit application was submitted in August 2019 for a permanent patio roof system. Staff determined that an amendment to the existing Conditional Use Permit was necessary to address the changes to the building, and the location and nature of performance entertainment provided.

In July 2021, the applicant applied for an amendment to CP-01-91. After a site visit performed in August, 2021, staff noted existing improvements to the building that were done without permits, inspections, or a certificate of occupancy (Attachment D). A Notice of Violation was posted, and the structure was posted as unsafe for public use or occupancy by both the Building Official and Fire Marshal.

Vicinity Map

Project No. 2021-26 (Charcoal House Restaurant) August 3, 2022

Although the establishment has worked on minimizing disruptive conduct, construction without permits at the site continues, despite numerous conversations with and enforcement activities over several years by the City in which it was demanded that no work be performed without issued permits in hand. The applicant is now working with the City to ensure that they are obtaining all necessary approvals and permits to continue operating their business in a safe and compliant manner. The Building Official and Fire Marshall determined that partial occupancy could be granted for the banquet room and kitchen area of the Charcoal House prior to resolution of the issues related to the unpermitted construction if specific recommendations are strictly followed to ensure that such occupancy would not pose undue risk to the public.

DISCUSSION:

The applicant proposes to amend the existing Conditional Use Permit to expand the performance entertainment throughout the entire restaurant, with the addition of the roof enclosure. The Charcoal House restaurant proposes to operate food and bar service, a hookah lounge, live entertainment, including live singers, disk jockey (D.J.), dancers, comedians, and magic performances, and private engagements, including receptions and celebrations at their establishment. The restaurant consists of two main rooms, labeled “Banquet Hall” and “General Dining Area.” Performance entertainment is proposed in both the banquet hall and the general dining area while private engagements are only proposed in the banquet hall, but it is proposed by condition of approval that there will be no concurrent use of the banquet hall and general dining area with the total building occupancy capped at 200 people. The Business Plan describes the areas where each use would occur (Attachment E), while the project plans demonstrate the areas where each use would occur (Attachment F).

The planned hours of operation for the restaurant are 11 a.m. – 2:00 am, seven days per week. Hours of performance entertainment are requested to align with hours of operation, but in light of persistent noise issues in the past and based on consultation with the City Manager’s office and the Chief of Police, the draft resolution (Attachment A) to approve the project includes conditions of approval to cease performance entertainment by 12:00 a.m. Sunday through Thursday and 1:00 a.m. on Friday, Saturday, and New Year’s Eve.

The project meets the development standards required as per La Mesa Municipal Code (LMMC) Section 24.06.030.

The Planning Commission may grant an amendment to a Conditional Use Permit only when they make the required findings as per LMMC Section 24.02.060. The attached draft resolution of approval (Attachment A) includes proposed conditions of approval to ensure the project would not be detrimental to the public health, safety and welfare. The findings to approve the requested Conditional Use Permit are supported by the evidence on the record as discussed below.
(A) Incompatibility with other uses in the same vicinity will not result.

Project No. 2021-26 (Charcoal House Restaurant) August 3, 2022

The existing use of performance entertainment will not be incompatible with other uses in the same vicinity with the implementation of the conditions of approval. The performance entertainment use has been established by conditional use permit in other restaurants located in Commercial zones in the City of La Mesa, and have seldom resulted in incompatibility with surrounding commercial uses. The subject property is located in the CN-D zone, and surrounding development is commercial, including a hotel to the west, an indoor sports arena to the north, and a multi-tenant building to the east that shares a common parking lot with the subject property. (B) Issuance of such a conditional use permit would not lead to the creation of a nuisance and would not endanger the public health, safety, or order by:
(1) Unreasonably increasing pedestrian and/or vehicular traffic in the area in which the premises are located;
It is not expected that the performance entertainment would generate a noticeable amount of additional pedestrian or vehicular traffic. The use of performance entertainment would not increase the occupant load of the restaurant since the live entertainment is intended to enhance the experience for the patrons of the restaurant. Although the Charcoal House restaurant has been operating with performance entertainment provided throughout the entire restaurant for a number of years without proper permits, there have not been any significant complaints or issues related to pedestrian traffic, vehicular traffic, or parking. As conditions of approval, the maximum number of guests will be capped at 200 people and security and/or management personnel would manage loitering on or around the premises to control pedestrian traffic on the subject property. A parking analysis and report to the Planning Commission in a new public hearing are required if there are substantiated parking and/or vehicular traffic complaints.
(2) Increasing the incidence of disruptive conduct in the area in which the premises are located; or
The proposed amendment of the performance entertainment use with the addition of the rooftop enclosure is not anticipated to increase the incidence of disruptive conduct in the area with adherence to the conditions of approval. A bar use has the possibility of creating disruptive conduct; however, the principal use of the business is as a restaurant. As proposed conditions of approval, security personnel is required on-site while performance entertainment occurs to ensure disruptive conduct does not occur, and to restrict loitering around the establishment. In addition, a draft condition of approval outlines the process for a new public hearing before the Planning Commission should the use create a nuisance to the surrounding properties.
(3) Unreasonably increasing the level of noise in the area in which the premises are located.

Project No. 2021-26 (Charcoal House Restaurant) August 3, 2022

With the proposed rooftop enclosure for the outdoor dining area, the proposed amendment of the performance entertainment use would not substantially increase the level of noise in the area in which the premises are located. The Charcoal House restaurant has received several noise complaints and citations since 2018 due to the performance entertainment being located in the outdoor patio without the benefit of proper permits. The addition of the roof enclosure would reduce the existing noise levels since the performance entertainment use would be located entirely within the building. Condition of approval include requirements that amplification would be restricted to maintain a level that would be consistent with the City of La Mesa Noise Ordinance, doors would remain closed at all times except for entry/exit, and skylights would be inoperable. Another condition of approval outlines the process for a new public hearing before the Planning Commission should the use create a nuisance to the surrounding properties.
(C)The use is consistent with the General Plan.

The proposed use is consistent with the General Plan designation of Regional Serving Commercial. The Regional Serving Commercial designation is intended for areas that allow more intense urban activities, such as high volume retail sales, and other sales and services which are expected to draw local and Regional customers. Entertainment uses such as movie theaters and nightclubs may be conditionally permitted within the Regional Serving Commercial land use designation.

ENVIRONMENTAL REVIEW:

The project is categorically exempt from environmental review under California Environmental Quality Act (CEQA) Guidelines Section 15301, which exempts minor alterations where there is a negligible expansion of use. Interior alterations to existing buildings qualify for this exemption. None of the exceptions in Section 15300.2 apply.

RECOMMENDATION:

Adopt a resolution (Attachment A) approving the amendment to the conditional use permit, subject to the conditions of approval in Exhibit A thereto.

Submitted by:

Laura Traffenstedt
Assistant Planner

Project No. 2021-26 (Charcoal House Restaurant) August 3, 2022

Attachments:

A. Draft Resolution approving the Conditional Use Permit B. Zoning Map
C. CP-01-91 Approved Plans and Resolution No. BOA-91-04 D. Site Photographs
E. Charcoal House Business Plan
F. Project Plans
E:\cp2022\Reports\PC\2021-26 (Charcoal House).docx

RESOLUTION NO. PC 2022-06

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA MESA APPROVING PROJECT 2021-26 (CHARCOAL HOUSE RESTAURANT) – A

REQUEST FOR AN AMENDMENT TO AN EXISTING CONDITIONAL USE PERMIT (CP-01-91) FOR PERFORMANCE ENTERTAINMENT AT AN EXISTING RESTAURANT AT 9566 MURRAY DRIVE IN THE CN-D (NEIGHBORHOOD COMMERCIAL/URBAN DESIGN OVERLAY) ZONE.

WHEREAS, project applicant Charcoal House Restaurant has submitted a conditional use permit application to the City of La Mesa for an amendment to the existing Conditional Use Permit (CP-01-91) for performance entertainment at an existing restaurant at 9566 Murray Drive in the CN-D (Neighborhood Commercial/Urban Design Overlay) zone; WHEREAS, pursuant to Section 24.06.020 of the La Mesa Municipal Code (LMMC), the principal use of performance entertainment, defined as any principal activity or establishment conducted by an individual, partnership, firm, association, corporation or other legal entity which offers its patrons entertainment, either live or recorded, which specifically involves performance, is permitted upon approval of a conditional use permit in the Neighborhood Commercial zone; WHEREAS, the Planning Commission did receive and consider a staff report on the proposed project; and
WHEREAS, the Planning Commission of the City of La Mesa did hold a duly noticed public hearing on August 3, 2022, and accepted public testimony in considering Project No. 2021-26.

THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS:

1. Conditional Use Permit Findings (La Mesa Municipal Code Section 24.02.060):
(A) Incompatibility with other uses in the same vicinity will not result.

The existing use of performance entertainment will not be incompatible with other uses in the same vicinity with the implementation of the conditions of approval. The performance entertainment use has been established by conditional use permit in other restaurants located in Commercial zones in the City of La Mesa, and have seldom resulted in incompatibility with surrounding commercial uses. The subject property is located in the CN-D zone, and surrounding development is commercial, including a hotel to the west, an indoor sports arena to the north, and a multi-tenant building to the east that shares a common parking lot with the subject property. (B) Issuance of such a conditional use permit would not lead to the creation of a nuisance and would not endanger the public health, safety, or order by:

Resolution No. PC-2022-06 August 3, 2022

(1) Unreasonably increasing pedestrian and/or vehicular traffic in the area in which the premises are located;
It is not expected that the performance entertainment would generate a noticeable amount of additional pedestrian or vehicular traffic. The use of performance entertainment would not increase the occupant load of the restaurant since the live entertainment is intended to enhance the experience for the patrons of the restaurant. Although the Charcoal House restaurant has been operating with performance entertainment provided throughout the entire restaurant for a number of years without proper permits, there have not been any significant complaints or issues related to pedestrian traffic, vehicular traffic, or parking. As conditions of approval, the maximum number of guests will be capped at 200 people and security and/or management personnel would manage loitering on or around the premises to control pedestrian traffic on the subject property. A parking analysis and report to the Planning Commission in a new public hearing are required if there are substantiated parking and/or vehicular traffic complaints. (2) Increasing the incidence of disruptive conduct in the area in which the premises are located;
The proposed amendment of the performance entertainment use with the addition of the rooftop enclosure is not anticipated to increase the incidence of disruptive conduct in the area with adherence to the conditions of approval. A bar use has the possibility of creating disruptive conduct; however, the principal use of the business is as a restaurant. As proposed conditions of approval, security personnel is required on-site while performance entertainment occurs to ensure disruptive conduct does not occur, and to restrict loitering around the establishment. In addition, a draft condition of approval outlines the process for a new public hearing before the Planning Commission should the use create a nuisance to the surrounding properties.
(3) Unreasonably increasing the level of noise in the area in which the premises are located.

With the proposed rooftop enclosure for the outdoor dining area, the proposed amendment of the performance entertainment use would not substantially increase the level of noise in the area in which the premises are located. The Charcoal House restaurant has received several noise complaints and citations since 2018 due to the performance entertainment being located in the outdoor patio without the benefit of proper permits. The addition of the roof enclosure would reduce the existing noise levels since the performance entertainment use would be located entirely within the building. Condition of approval include requirements that amplification would be restricted to maintain a level that would be consistent with the City of La Mesa Noise Ordinance, doors would remain closed at all times except for entry/exit, and skylights would be inoperable. Another condition of approval outlines the process for a new public hearing before the Planning Commission should the use create a nuisance to the surrounding properties.

Resolution No. PC-2022-06 August 3, 2022

(C) The use is consistent with the general plan.

The proposed use is consistent with the General Plan designation of Regional Serving Commercial. The Regional Serving Commercial designation is intended for areas that allow more intense urban activities, such as high volume retail sales, and other sales and services which are expected to draw local and Regional customers. Entertainment uses such as movie theaters and nightclubs may be conditionally permitted within the Regional Serving Commercial land use designation.

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF LA MESA AS FOLLOWS:

1. The foregoing findings of fact and determinations are true and hereby made a part hereof.

2. The foregoing findings of fact and determinations are supported by the staff, report, plans, and exhibits, all of which are herein incorporated by reference.

3. The Planning Commission approves Project No. 2021-26 subject to the conditions of approval in Exhibit A.

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of La Mesa, California, held the 3rd day of August 2022, by the following vote, to wit:

AYES: Chair Torpey and Commissioners Jones, Coston, Cooper, and Alvarado NOES: None
ABSENT: None
I, Kerry Kusiak, Secretary of the City of La Mesa Planning Commission, do hereby certify the foregoing to be a true and exact copy of Resolution PC-2022-06, duly passed and adopted by the Planning Commission.
__________________________
Kerry Kusiak, Secretary
La Mesa Planning Commission

Exhibit A
PC Resolution PC-2022-06
Project 2021-26
Conditions of Approval
A. GENERAL CONDITIONS

1. The project is conditionally approved as set forth on the application, Charcoal House Business Plan, and project drawings received electronically by the City on July 20, 2022, consisting of three (3) sheets total, including A-1 – Site Plan; A-2 – Floor Plan and Roof Plan; A-3 – Elevations; all designated as approved by the Planning Commission on August 3, 2022, and shall not be altered without express authorization by the Community Development Department.

2. This approval shall not waive compliance with any section of the La Mesa Municipal Code or any other applicable City regulations in effect unless specifically waived herein.

3. Performance entertainment shall not occur prior to operating hours as identified in the Charcoal House Business Plan and shall cease by 12:00 a.m. Sunday through Thursday and 1:00 a.m. on Friday, Saturday, and New Year’s Eve.

4. No concurrent use of the banquet hall and general dining area shall be allowed at any time.

5. At all times, building occupancy shall be maintained, and not exceeded, in accordance with all applicable laws, including but not limited to Building Code and Fire Code. The room labeled “banquet hall” is limited to a maximum of 150 guests, and the room labeled “general dining area” is limited to a maximum of 200 guests. The number of occupants and guests shall be continuously monitored by security and/or management personnel.

Appropriate action, including but not limited to removing guests, refusing entry to guests, or temporarily ceasing business operations, shall be taken to ensure that building occupancy or the maximum guest capacity are not exceeded at any time.

6. No open containers of alcoholic beverages shall be allowed outside the premises, including but not limited to the parking lot and adjacent yard area.

7. Security and/or management personnel shall not permit loitering on the premises of the site or within the public right-of-way within or immediately adjacent to the premises. For purposes of this section, the term "loitering" shall mean remaining or lingering in or around the premises with no apparent purpose or reason related to the business located thereon.

8. At all times performance entertainment occurs on-site, the facility shall provide security personnel licensed by the State of California and in possession of a valid Department of Consumer Affairs “security guard card” and a valid City of La Mesa Business License. The applicant shall provide copies of security contracts and security guard cards.

9. All performance entertainment on site must maintain compliance at all times with all applicable noise laws.

10. Doors must remain closed at all times performance entertainment occurs on-site except as needed momentarily for entry to and exit from the building. Signs stating “DOORS TO BE CLOSED DURING ENTERTAINMENT” shall be placed on the interior and the exterior and in close proximity to entry doors to the specification of the Director of Community Development. The lettering of the sign shall be in a font that is clearly legible, all capitals, and not less than 2” in letter height.

11. The Director of Community Development (“Director”) shall provide written notice to the business owner and/or property owner of any substantiated parking and/or vehicular traffic complaints. The notice shall prescribe that performance entertainment operations shall be suspended entirely or in part as determined by the Director in consultation with the City Manager and the Chief of Police. A parking and/or traffic analysis shall be provided to the specification of the Director, whom shall prepare and present a report regarding the complaint(s) and the analysis to the Planning Commission in a noticed public hearing.

Based on the evidence presented and testimony received in the public hearing, the Planning Commission may impose additional restrictions and conditions of approval or may revoke the Conditional Use Permit.

12. The Director of Community Development (“Director”) shall provide written notice to the business owner and/or property owner of any substantiated loitering complaints, noise complaints, nuisance complaints, non-compliance with the Conditional Use Permit, and/or non-compliance with other applicable state or local regulations. The notice shall prescribe that performance entertainment operations shall be suspended entirely or in part as determined by the Director in consultation with the City Manager and the Chief of Police.

In the instance of noise-related complaints, an acoustical analysis shall be performed to the specification of the Director. The Director shall prepare and present a report regarding the complaint(s) and any analysis prepared to the Planning Commission in a noticed public hearing. Based on the evidence presented and testimony received in the public hearing, the Planning Commission may impose additional restrictions and conditions of approval or may revoke the Conditional Use Permit.

13. As soon as possible following one year from the issuance of a certificate of occupancy, the Director of Community Development shall provide a report to the Planning Commission on the operational performance of the use in a duly noticed public hearing.

The Planning Commission shall consider the matter and may modify, add to, remove, and/or reduce conditions of approval based on the report, evidence presented, and testimony received. The use permit shall expire at the conclusion of the public hearing unless the Planning Commission acts to extend the life of the permit for a specified time frame or in perpetuity.

B. THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO THE ISSUANCE OF THE FINAL OCCUPANCY PERMIT:

Building

1. The applicant shall obtain approvals from all departments for all issued permits: building, fire, planning, grading, SD County ACPD, SD County HazMat, Encroachment, or other permits for the proposed improvements prior to the issuance of a certificate of occupancy.

E:\cp2022\Resolutions\PC\PC-2022-xx (2021-26) CUP.docx

REPORT to the LA MESA PLANNING COMMISSION
DATE: December 6, 2023
SUBJECT: 2021-26 (CHARCOAL HOUSE RESTAURANT) – A

REPORT TO PLANNING COMMISSION ON THE

OPERATIONAL PERFORMANCE OF A CONDITIONAL

USE PERMIT FOR PERFORMANCE ENTERTAINMENT
AT AN EXISTING RESTAURANT LOCATED AT 9566

MURRAY DRIVE IN THE CN-D (NEIGHBORHOOD

COMMERCIAL/URBA
ISSUING DEPARTMENT: Community Development
SUMMARY:

Issue(s):

1. Does the performance entertainment use continue to meet the findings required for approval of a Conditional Use Permit?
Recommendation:

1. Adopt a resolution (Attachment A) approving the continuation of the performance entertainment use for a period of five years, subject to the conditions of approval in Exhibit A thereto.

Environmental Review:

This project has been determined to be Categorically Exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301.

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BACKGROUND:

The Charcoal House restaurant is located
on the north side of Murray Drive, just north
of I-8, between Loren Drive and Water
Street, as shown on the vicinity map
(Attachment B). The subject property is
located in the Neighborhood Commercial –
Urban Design Overlay (CN-D) zone as
shown in the Zoning Map (Attachment C).

Surrounding development is commercial,
including a hotel to the west, an indoor
sports arena to the north, and a multi-tenant
building to the east that shares a common
parking lot with the subject property. The
project site is bordered by the I-8 Interstate
Highway to the south. A residential
neighborhood is located approximately 420
feet west of the subject property. In
addition, other commercial and residential
properties are located on the south side of the freeway 300 feet or more away from the subject property.

The 10,502 square-foot restaurant building is situated toward the south part of its 0.68- acre site, with the westerly building wall abutting the west side property line. There is a large parking area at the rear that is accessed by a two-way driveway that runs along the east side of the building. Five additional parking stalls are located toward the front of the site at a right angle to the street.

In the subject CN-D zone, restaurant uses are permitted by right, and performance entertainment may be permitted by conditional use permit. In 1991, the applicant obtained approval for a Conditional Use Permit (CP-01-91) (Attachment D). The building has operated as a restaurant with performance entertainment since the approval of CP-01-

91. In 2011, new owners and operational changes began to address long-standing issues that had included public disturbances and a high volume of calls for police service.

In July 2021, the applicant applied for an amendment to CP-01-91 to expand the performance use within the existing building and address long-standing compliance issues. The City continued to work with the applicant to come into compliance during this time. On August 3, 2022, the Planning Commission held a duly noticed public hearing to consider the amendment to the Conditional Use Permit (CUP). The background and history of the property since 1991 is included as part of the August 3, 2022 staff report

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(Attachment E). On August 3, 2022, the Planning Commission approved an amendment to the CUP, allowing for the continuance of performance entertainment uses as prescribed in the Conditions of Approval in Resolution PC-2022-06 (Attachment F).

DISCUSSION:

PC-2022-06, allows for the Charcoal House to operate a food and bar service, a hookah lounge, performance entertainment, including live singers, disk jockey (D.J.), dancers, comedians, and magic performances, and private engagements, including receptions and celebrations at their establishment. The restaurant consists of two main rooms, labeled “Banquet Hall” and “General Dining Area.” Performance entertainment was approved for both the banquet hall and the general dining area while private engagements are only approved in the banquet hall. The Business Plan and project plans demonstrate the areas where each use would occur (Attachment G and Attachment H). This report is provided pursuant to Planning Commission’s approval of the CUP which included a request that the Director of Community Development provide a report to the Planning Commission in a duly noticed public hearing, as soon as possible, following one year from the issuance of a certificate of occupancy in order to evaluate the operational performance of the use.

Director’s Report
Over the past year, the City has worked with the Charcoal House in obtaining the necessary permits for issuance of final Certificate of Occupancy. Building Permits for the tenant improvements and roof enclosure associated with the CUP were issued on August 10, 2022 and August 23, 2022 respectively. On September 1, 2022, Charcoal House obtained temporary occupancy of the entire building, with some items noted to be addressed prior to final occupancy. Since this time, the City provided the applicant with written notification of potential Conditional Use Permit and Building issues that needed to be addressed (Attachment I). The Charcoal House Restaurant owner, Nash Habib provided a response within the requested 10 calendar days (Attachment J) and has since been working in good faith to resolve all items. Photos of the site since the Charcoal House has resolved all remaining items is included as (Attachment K). Below is a list of items the Charcoal House has completed to obtain the necessary permits for issuance of the final Certificate of Occupancy.

Building
In order to issue the final Certificate of Occupancy, the Charcoal House Restaurant completed the following remaining items to ensure they met all of the Building Division requirements in compliance with the California Building Code:
 Removed unauthorized vehicle signage at the entrance
 Provided maximum occupancy signs in the banquet hall and general dining area

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 Replaced electrical in the junction box located in the attic  Posted and stenciled no parking in the fire lane as per Heartland Fire.  Removed the temporary storage container and construction material located at the rear of the building.

Planning
The Charcoal House Restaurant worked with the Planning Division to meet all of the requirements of the building permit and CUP. To address all remaining Planning items, the applicant completed the following:
 Updated and removed parking lot signage for accuracy with the CUP.  Painted the parapet wall addition to match the rest of the building.  Removed the unpermitted roof sign.
 Provided the façade detailing’s for the building, including the cornices and pilaster moldings and the lattices as noted on the South, East, and West Elevations.  Replaced and refreshed the approved landscaped areas.  Provided copies of security contracts and security guard cards, as required by Resolution No. PC 2022-06 (Attachment L).
 Provided a copy of the Western Towing Agreement (Attachment M).  Provided a copy of the Professional Valet Services Agreement (Attachment N).

Fire
To address the Fire Final Inspection items, the applicant repaired the exit signs, and removed the raised seating area in front of the exit door to create a clear egress pathway to meet the California Fire Code and California Building Code. Subsequently, on October 13, 2023, Heartland Fire conducted a routine life and fire safety inspection of the property.

All violations were repaired by October 18, 2023, and the Inspection Report is provided as Attachment O.

Calls for Police and Code Complaints
In regard to calls for service and complaints, since the approval of the CUP in 2022 and issuance of temporary occupancy, the La Mesa Police Department has acted on calls for service from the public, and conducted scheduled patrol checks of the premises. Although officers have not noted any unusual activity when responding to complaints received and non-scheduled patrol checks of the premises, they had noted incidents of on-site parking violations, including vehicles parked in travel lanes and disabled parking violations, which were cited. To address this, staff required that the Charcoal House enter into formal agreements for professional valet services and on-call towing services. Staff proposes to amend the conditions of the CUP to incorporate a requirement that the valet and towing agreements remain in place for the life of the CUP, and that the City be informed of any changes to the agreement(s) including vendor/contractor changes within 15 business

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days (Condition of Approval #11). In addition, it is a condition of the CUP that, at all times performance entertainment occurs on-site, the facility shall provide security personnel licensed by the State of California and in possession of a valid Department of Consumer Affairs “security guard card” and a valid City of La Mesa Business License. Since the letter sent to the Charcoal House documenting potential violations on July 13, 2023, the applicant has provided copies of their security contracts, security guard cards, professional towing agreement, and professional valet services agreement.

Additionally, code compliance complaints have been submitted by a county resident who lives in a residential neighborhood on the south side of the I-8. The complaints include excessive noise, over capacity, valets driving unsafely, and parking issues. The city has followed up on all code compliance complaints received and as discussed above has required that the business owner enter into formal security contracts, and valet and towing agreements. In regard to the noise complaints, the City has determined that the business complies with the conditions of the CUP and City of La Mesa ordinances.

Director’s Recommendation
In light of the willingness of the current business owners to comply with all items to the satisfaction of the Community Development Director, Building Official, and Fire Marshall, and the additional conditions of approval for professional valet services and on-call towing, staff recommends that the CUP continue for a period of five years subject to the findings of fact and conditions of approval. Upon the date of the expiration of the CUP, if the CUP is determined to be in good standing, the CUP will automatically renew for a period of 5 years. If, within the five years it has been determined by the Director of Community Development that the use is not in compliance with the CUP or the City of La Mesa Code of Ordinances, the Director shall refer the matter back to Planning Commission, who shall consider the matter and may modify, add to, the conditions of approval, or may revoke or approve the CUP to continue based on the report, evidence presented, and testimony received.

FINDINGS:

The Planning Commission shall grant or extend a conditional use permit after consideration of the report and the public hearing, only when the requirements of the applicable zone, state and local laws are met and all of the following findings pursuant to LMMC Section 24.02.060 are made. The findings to approve the requested Conditional Use Permit are supported by the evidence on the record as discussed below. (A) Incompatibility with other uses in the same vicinity will not result.

The existing use of performance entertainment is compatible with the existing restaurant bar and other uses in the same vicinity with the implementation of the

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conditions of approval. The performance entertainment use has been established by conditional use permit in other restaurants located in Commercial zones in the City of La Mesa, and have been determined to be a compatible commercial use.

The subject property is located in the CN-D zone, and surrounding development is commercial, including a hotel to the west, an indoor sports arena to the north, and a multi-tenant building to the east that shares a common parking lot with the subject property. As can be seen on the Vicinity Map (Attachment B), the project site is bordered by the I-8 Interstate Highway to the south, with commercial and residential properties located on the south side of the freeway more than 300 feet away from the subject property. In addition, a residential neighborhood is located to the west of the property approximately 420 feet away from the subject property.

There are no known complaints or calls for service that have been received from the residential neighborhood located to the west of the subject property. (B) Issuance of such a conditional use permit would not lead to the creation of a nuisance and would not endanger the public health, safety, or order by:
(1) Unreasonably increasing pedestrian and/or vehicular traffic in the area in which the premises are located;
The performance entertainment use does not unreasonably generate a noticeable amount of additional pedestrian or vehicular traffic with adherence to the conditions of approval. The use will remain within existing occupant load of the existing restaurant and is intended to enhance the experience for the patrons of the restaurant. As conditions of approval per Resolution No. PC 2022-06, security and/or management personnel is required to manage loitering on or around the premises to control pedestrian traffic on the subject property. There have been no substantiated complaints for an unreasonable increase of pedestrian traffic in the area in which the premises are located since the approval of the CUP in 2022.

The business has entered into formal agreements for professional valet services, and fire lane delineation and towing signage placed at the property will also assist with ensuring that pedestrian paths of travel remain clear. It is anticipated that this will assist in reducing further parking violations at the Charcoal House Restaurant. If it is determined by the Director of Community Development that pedestrian and/or vehicular traffic in the area has unreasonably increased, the Director of Community Development in consultation with the City Manager and the Police Chief may require that parking and/or traffic analysis be prepared to the specification of the Director and the matter may be referred to the Planning Commission. A condition of approval outlines the process for a new public hearing before the Planning Commission, should the Director of Community Development

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determine that the use is not in compliance with the CUP and/or the City of La Mesa Code of Ordinances.
(2) Increasing the incidence of disruptive conduct in the area in which the premises are located; or
The performance entertainment use does not increase the incidence of disruptive conduct in the area with adherence to the conditions of approval.

The increased security presence on performance entertainment nights has assisted with a decrease in calls for service and a condition of approval outlines the process for a new public hearing before the Planning Commission should the Director of Community Development determine that the use is not in compliance with the CUP and/or the City of La Mesa Code of Ordinances.
(3) Unreasonably increasing the level of noise in the area in which the premises are located.

The City has responded to all complaints received related to level of noise generated by the use. The City has determined that the use is in compliance with the CUP and City Noise Ordinances. If it is determined by the Director of Community Development that the use, may not be in compliance with the CUP or the City’s Noise Ordinance, the Director of Community Development in consultation with the City Manager and the Police Chief may require that an acoustical analysis be performed to the specification of the Director and the matter may be referred to the Planning Commission. A condition of approval outlines the process for a new public hearing before the Planning Commission, should the Director of Community Development determine that the use is not in compliance with the CUP and/or the City of La Mesa Code of Ordinances.
(C) The use is consistent with the General Plan.

The proposed use is consistent with the General Plan designation of Regional Serving Commercial. The Regional Serving Commercial designation is intended for areas that allow more intense urban activities, such as high-volume retail sales, and other sales and services which are expected to draw local and Regional customers. Entertainment uses such as movie theaters and nightclubs may be conditionally permitted within the Regional Serving Commercial land use designation.

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ENVIRONMENTAL REVIEW:

The project is categorically exempt from environmental review under California Environmental Quality Act (CEQA) Guidelines Section 15301, which exempts minor alterations where there is a negligible expansion of use. Interior alterations to existing buildings qualify for this exemption. None of the exceptions in Section 15300.2 apply.

RECOMMENDATION:

Adopt a resolution (Attachment A) approving the continuation of the performance entertainment use for a period of five years, subject to the conditions of approval in Exhibit A thereto.

Respectfully submitted by:
____________________________
Laura Traffenstedt
Associate Planner
Reviewed by:

Lynnette Santos
_____________________________
Lynnette Santos
Director of Community Development
Attachments:

A. Draft Resolution approving the Conditional Use Permit B. Vicinity Map
C. Zoning Map
D. CP-01-91 Approved Plans and Resolution No. BOA-91-04 E. August 3, 2022 Planning Commission Staff Report Project 2021-26 F. PC-2022-06
G. Charcoal House Business Plan
H. Project Plans
I. Charcoal House Written Notice Letter
J. Charcoal House Restaurant Response Letter

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K. Current Site Photographs
L. Security First Services Agreement
M. Western Towing Agreement
N. Preferred Valet Parking, LLC Agreement
O. Life and Fire Safety Inspection Report

RESOLUTION NO. PC 2023-XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA MESA APPROVING THE EXTENSION OF PROJECT 2021-26 (CHARCOAL HOUSE RESTAURANT) – A REQUEST FOR AN AMENDMENT TO AN EXISTING CONDITIONAL USE PERMIT (CP-01-91) FOR PERFORMANCE
ENTERTAINMENT AT AN EXISTING RESTAURANT LOCATED AT 9566 MURRAY

DRIVE IN THE CN-D (NEIGHBORHOOD COMMERCIAL/URBAN DESIGN OVERLAY) ZONE.

WHEREAS, project applicant Charcoal House Restaurant has submitted a conditional use permit application to the City of La Mesa for an amendment to the existing Conditional Use Permit (CP-01-91) for performance entertainment at an existing restaurant at 9566 Murray Drive in the CN-D (Neighborhood Commercial/Urban Design Overlay) zone; WHEREAS, the Planning Commission of the City of La Mesa did hold a duly noticed public hearing on August 3, 2022, and accepted a staff report and public testimony in considering the amendment to the existing Conditional Use Permit (CP-01-91) for performance entertainment at an existing restaurant at 9566 Murray Drive in the CN-D (Neighborhood Commercial/Urban Design Overlay) zone;
WHEREAS, pursuant to Section 24.06.020 of the La Mesa Municipal Code (LMMC), the principal use of performance entertainment, defined as any principal activity or establishment conducted by an individual, partnership, firm, association, corporation or other legal entity which offers its patrons entertainment, either live or recorded, which specifically involves performance, is permitted upon approval of a conditional use permit in the Neighborhood Commercial zone; WHEREAS, on August 3, 2022, the Planning Commission adopted Resolution PC-2022- 06 approving Project 2021-26;
WHEREAS, Planning Commission Resolution PC-2022-06, adopted on August 3, 2022, requires the Community Development Department to schedule a noticed public hearing before the Planning Commission and provide a report to the Planning Commission, one year from the issuance of a certificate of occupancy, to evaluate the operations of the business to determine if the business is creating a public nuisance in the neighborhood or is not operating in compliance with any of the conditions of approval;
WHEREAS, the Planning Commission did receive and consider a staff report on the operational performance of the conditional use permit for performance entertainment; and WHEREAS, the Planning Commission of the City of La Mesa did hold a duly noticed public hearing on December 6, 2023, and accepted public testimony in considering Project No. 2021-

26. THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS:

1. Conditional Use Permit Findings (La Mesa Municipal Code Section 24.02.060):

Resolution No. PC-2023-xx December 6, 2023

(A) Incompatibility with other uses in the same vicinity will not result.

The existing use of performance entertainment is compatible with the existing restaurant bar and other uses in the same vicinity with the implementation of the conditions of approval. The performance entertainment use has been established by conditional use permit in other restaurants located in Commercial zones in the City of La Mesa, and have been determined to be a compatible commercial use. The subject property is located in the CN-D zone, and surrounding development is commercial, including a hotel to the west, an indoor sports arena to the north, and a multi-tenant building to the east that shares a common parking lot with the subject property. A residential neighborhood is located more than 300 feet to the west of the subject property.
(B) Issuance of such a conditional use permit would not lead to the creation of a nuisance and would not endanger the public health, safety, or order by:
(1) Unreasonably increasing pedestrian and/or vehicular traffic in the area in which the premises are located;
The performance entertainment use does not unreasonably generate a noticeable amount of additional pedestrian or vehicular traffic with adherence to the conditions of approval. The use will remain within existing occupant load of the existing restaurant and is intended to enhance the experience for the patrons of the restaurant. As conditions of approval per Resolution No. PC 2022-06, the maximum number of guests is capped at 200 people and security and/or management personnel is required to manage loitering on or around the premises to control pedestrian traffic on the subject property. There have been no substantiated complaints for an unreasonable increase of pedestrian traffic in the area in which the premises are located since the approval of the CUP in 2022.

The business has entered into formal agreements for professional valet services, fire lane delineation and towing signage placed at the property will also assist with ensuring that pedestrian paths of travel remain clear. It is anticipated that this will assist in reducing further parking violations at the Charcoal House Restaurant. If it is determined by the Director of Community Development that pedestrian and/or vehicular traffic in the area has unreasonably increased, the Director of Community Development in consultation with the City Manager and the Police Chief may require that parking and/or traffic analysis be prepared to the specification of the Director and the matter may be referred to the Planning Commission. A condition of approval outlines the process for a new public hearing before the Planning Commission, should the Director of Community Development determine that the use is not in compliance with the CUP and/or the City of La Mesa Code of Ordinances.
(2) Increasing the incidence of disruptive conduct in the area in which the premises are located;
The performance entertainment use does not increase the incidence of disruptive conduct in the area with adherence to the conditions of approval. The increased security presence on performance entertainment nights has assisted with a decrease in calls for service and a condition of approval outlines the process for a new public hearing before the Planning Commission should the Director of

Resolution No. PC-2023-xx December 6, 2023

Community Development determine that the use is not in compliance with the CUP and/or the City of La Mesa Code of Ordinances.
(3) Unreasonably increasing the level of noise in the area in which the premises are located.

The City has responded to all complaints received related to level of noise generated by the use. The City has determined that the use is in compliance with the CUP and City Noise Ordinances. If it is determined by the Director of Community Development that the use, may not be in compliance with the CUP or the City’s Noise Ordinance, the Director of Community Development in consultation with the City Manager and the Police Chief may require that an acoustical analysis be performed to the specification of the Director and the matter may be referred to the Planning Commission. A condition of approval outlines the process for a new public hearing before the Planning Commission, should the Director of Community Development determine that the use is not in compliance with the CUP and/or the City of La Mesa Code of Ordinances.
(C) The use is consistent with the general plan.

The proposed use is consistent with the General Plan designation of Regional Serving Commercial. The Regional Serving Commercial designation is intended for areas that allow more intense urban activities, such as high-volume retail sales, and other sales and services which are expected to draw local and Regional customers. Entertainment uses such as movie theaters and nightclubs may be conditionally permitted within the Regional Serving Commercial land use designation.

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF LA MESA AS FOLLOWS:

1. The foregoing findings of fact and determinations are true and hereby made a part hereof.

2. The foregoing findings of fact and determinations are supported by the staff report, the public hearing, plans, and exhibits, all of which are herein incorporated by reference.

3. The Planning Commission extends CUP Project No. 2021-26 subject to the conditions of approval in Exhibit A.

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of La Mesa, California, held the 6
th day of December 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

Resolution No. PC-2023-xx December 6, 2023

I, Lynnette Santos, Secretary of the City of La Mesa Planning Commission, do hereby certify the foregoing to be a true and exact copy of Resolution PC-2023-XX, duly passed and adopted by the Planning Commission.
__________________________
Lynnette Santos, Secretary
La Mesa Planning Commission

Exhibit A
PC Resolution PC-2023-xx
Project 2021-26
Conditions of Approval
A. GENERAL CONDITIONS

1. The project is conditionally approved as set forth on the application, Charcoal House Business Plan, and project drawings received electronically by the City on July 20, 2022, consisting of three (3) sheets total, including A-1 – Site Plan; A-2 – Floor Plan and Roof Plan; A-3 – Elevations; all designated as approved by the Planning Commission on August 3, 2022, and shall not be altered without express authorization by the Community Development Department.

2. This approval shall not waive compliance with any section of the La Mesa Municipal Code or any other applicable City regulations in effect unless specifically waived herein.

3. Performance entertainment shall not occur prior to operating hours as identified in the Charcoal House Business Plan and shall cease by 12:00 a.m. Sunday through Thursday and 1:00 a.m. on Friday, Saturday, and New Year’s Eve.

4. No concurrent use of the banquet hall and general dining area shall be allowed at any time.

5. At all times, building occupancy shall be maintained, and not exceeded, in accordance with all applicable laws, including but not limited to Building Code and Fire Code. The room labeled “banquet hall” is limited to a maximum of 150 guests, and the room labeled “general dining area” is limited to a maximum of 200 guests. The number of occupants and guests shall be continuously monitored by security and/or management personnel.

Appropriate action, including but not limited to removing guests, refusing entry to guests, or temporarily ceasing business operations, shall be taken to ensure that building occupancy or the maximum guest capacity are not exceeded at any time.

6. No open containers of alcoholic beverages shall be allowed outside the premises, including but not limited to the parking lot and adjacent yard area.

7. Security and/or management personnel shall not permit loitering on the premises of the site or within the public right-of-way within or immediately adjacent to the premises. For purposes of this section, the term "loitering" shall mean remaining or lingering in or around the premises with no apparent purpose or reason related to the business located thereon.

8. At all times performance entertainment occurs on-site, the facility shall provide security personnel licensed by the State of California and in possession of a valid Department of Consumer Affairs “security guard card” and a valid City of La Mesa Business License. The applicant shall provide copies of security contracts and security guard cards.

9. All performance entertainment on site must maintain compliance at all times with all applicable noise laws.

10. Doors must remain closed at all times performance entertainment occurs on-site except as needed momentarily for entry to and exit from the building. Signs stating “DOORS TO BE CLOSED DURING ENTERTAINMENT” shall be placed on the interior and the exterior and in close proximity to entry doors to the specification of the Director of Community Development. The lettering of the sign shall be in a font that is clearly legible, all capitals, and not less than 2” in letter height.

11. Formal agreements for professional valet services and on-call towing must be executed for all times performance entertainment occurs on-site. If the formal agreements are terminated or expire, a new agreement for professional valet services and on-call towing must be executed within 30 calendar days of termination or expiration, and a copy of the newly executed formal agreement provided to the Director of Community Development (“Director”) within 15 business days of the date of execution.

12. The Director of Community Development (“Director”) shall provide written notice to the business owner and/or property owner if the Director determines that the use is not in compliance with the Conditional Use Permit finding B(1) and/or the City of La Mesa Code of Ordinances. The notice shall prescribe that performance entertainment operations shall be suspended entirely or in part as determined by the Director in consultation with the City Manager and the Chief of Police. A parking and/or traffic analysis shall be provided to the specification of the Director, whom shall prepare and present a report regarding the complaint(s) and the analysis to the Planning Commission in a noticed public hearing.

Based on the evidence presented and testimony received in the public hearing, the Planning Commission may impose additional restrictions and conditions of approval or may revoke the Conditional Use Permit.

13. The Director of Community Development (“Director”) shall provide written notice to the business owner and/or property owner if the Director determines that the use is not in compliance with the Conditional Use Permit finding B(2) and B(3) and/or the City of La Mesa Code of Ordinances. The notice shall prescribe that performance entertainment operations shall be suspended entirely or in part as determined by the Director in consultation with the City Manager and the Chief of Police. In the instance of noise-related complaints, an acoustical analysis shall be performed to the specification of the Director.

The Director shall prepare and present a report regarding the complaint(s) and any analysis prepared to the Planning Commission in a noticed public hearing. Based on the evidence presented and testimony received in the public hearing, the Planning Commission may impose additional restrictions and conditions of approval or may revoke the Conditional Use Permit.

14. Conditional Use Permit Project 2021-26 shall expire no later than five (5) years from the date of issuance. Upon the date of the expiration of the CUP, if the CUP is determined to be in good standing, the CUP will automatically renew for a period of 5 years. If, within the five years it has been determined by the Director of Community Development that the use is not in compliance with the CUP or the City of La Mesa Code of Ordinances, the Director shall refer the matter back to Planning Commission, who shall consider the matter and may modify, add to, the conditions of approval, or may revoke or approve the CUP to continue based on the report, evidence presented, and testimony received.

B. THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO THE ISSUANCE OF THE FINAL OCCUPANCY PERMIT:

Building
The applicant shall obtain approvals from all departments for all issued permits: building, fire, planning, grading, SD County ACPD, SD County HazMat, Encroachment, or other permits for the proposed improvements prior to the issuance of a certificate of occupancy.

E:\cp2023\Resolutions\PC\PC-2023-xx (2021-26).docx

Conditional Use Permit
ProjectNo. 2021-26

MURRAY DR

WATER ST
LO
R
E
N
D
R

GROSSMONT BL

FUERTE DR

SIERRA VISTA AV

GROSSMONT SUMMIT DR
MILDEN
ST

LEMON ST

PRIVATE DY

HILMER DR

LA SUVIDA DR

GROSALIA AV

MONONA DR
ALLEY
0 170 340 510 680
FEET
DATA SOURCES:

City of La Mesa 2020, SanGIS 2020

PROPERTY INFORMATION
Site Address
APN
Lot Size
General Plan
Zoning
Applicant
CN-D Neighborhood Commercial/
Urban Design Overlay
Vicinity Map
¹
Regional Serving Commercial
Charcoal House
9566 Murray Dr.
486-840-06-00

0.68 (29,621)

Conditional Use Permit
2021-26
CN-D
R1S
R1S
R1S
R1
R1S R3 R1
R1S
RB
RB
R1
R1E-P
CN-D
R1S
R1E-P
R1E-P
R1S R1E-P

MURRAY DR

WATER ST
LO
R
E
N
D
R

GROSSMONT BL

GROSSMONT SUMMIT DR

PRIVATE DY

MILDEN ST

FUERTE DR

LEMON ST

HILMER DR

PLIMPTON
RD

LA SUVIDA DR

HUNTERS LN

PRIVATE DY
E:\cp2021\Projects\2021-19 EDCO\2021-19 GIS\2019-25 Zoning Map.mxd 27 June 2022 0 140 280 420 560
FEET
DATA SOURCES:

City of La Mesa 2019, SanGIS 2019

PROPERTY INFORMATION
Site Address
APN
Lot Size
General Plan
Zoning
Applicant
CN-D Neighborhood Commercial,
Urban Design Overlay Zone
Zoning Map
¹
Regional Serving Commercial
Charcoal House Restaurant
9566 Murray Drive
486-840-06-00
29,620.8 sq. ft. / .68 AC

REPORT to the LA MESA PLANNING COMMISSION
DATE: August 3, 2022
SUBJECT: 2021-26 (Charcoal House Restaurant) – A request for an amendment to an existing Conditional Use Permit (CP-01-91) for performance entertainment at an existing restaurant at 9566 Murray Drive in the CN-D (Neighborhood Commercial/Urban Design Overlay) zone.

ISSUING DEPARTMENT: Community Development

SUMMARY
Issues:

Should the Planning Commission determine that the proposed amendments to the performance entertainment use meet the findings required for approval of a Conditional Use Permit?
Recommendation:

Adopt a resolution (Attachment A) approving the amendment to the Conditional Use Permit, subject to the conditions of approval in Exhibit A thereto.

Environmental Review:

This project has been determined to be Categorically Exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301.

BACKGROUND:

The Charcoal House restaurant is located on the north side of Murray Drive, just north of I-8, between Loren Drive and Water Street, as shown on the vicinity map. The subject property is located in the CN-D zone as shown in the Zoning Map (Attachment B).

Surrounding development is commercial, including a hotel to the west, an indoor sports arena to the north, and a multi-tenant building to the east that shares a common parking lot with the subject property. The project site is bordered by the I-8 to the south.

Residential neighborhoods surround the Neighborhood Commercial zone area to the north, south, and west.

Project No. 2021-26 (Charcoal House Restaurant) August 3, 2022

The 7,000 square-foot restaurant building is
situated toward the south part of its 0.68-acre
site, with the westerly building wall abutting
the west side property line. There is a large
parking area at the rear that is accessed by a
two-way driveway that runs along the east
side of the building. Five additional parking
stalls are located toward the front of the site
at a right angle to the street.

The building has operated as a restaurant
with live entertainment for several years.

Performance entertainment may be permitted by conditional use permit in the subject CND zone. In 1991, the applicant obtained approval for a Conditional Use Permit (CP-01- 91) for live entertainment in the lounge (bar) area only, as shown in Attachment C, but extensive unpermitted work throughout the years has changed the layout of the restaurant to the point that this area no longer exists where it was originally proposed. In the past, the site was known for having a high volume of public disturbances, including assaults, public intoxication, and fighting in the parking lot, but in 2011, these issues minimized under new ownership and operational changes.

In 2016, the applicant applied for a special permit (SP-16-03) to replace the unpermitted outdoor dining enclosed with a plywood fence and a series of connected shade canopies with a new 10-foot high perimeter wall and covered arcade around an open central courtyard. The Special Permit was entitled in 2016. The Special Permit prohibits live entertainment in the outdoor patio area, limiting outdoor amplification to ambient music and TV. In 2018, the City started to receive an increased number of consistent complaints regarding excessive noise emanating from the Charcoal House Restaurant. Based on staff investigation, live entertainment was located adjacent to the outdoor dining area and outdoor amplification was exceeding ambient music and TV levels.

In February 2019, City Staff met with the owners of the Charcoal House Restaurant to create a plan of action to address the excessive noise emanating from the outdoor patio.

It was determined that a roof enclosure over the outdoor patio was necessary to ensure that there was no outdoor amplification. A permit for a temporary canvas patio cover was issued in March 2019, and a permit application was submitted in August 2019 for a permanent patio roof system. Staff determined that an amendment to the existing Conditional Use Permit was necessary to address the changes to the building, and the location and nature of performance entertainment provided.

In July 2021, the applicant applied for an amendment to CP-01-91. After a site visit performed in August, 2021, staff noted existing improvements to the building that were done without permits, inspections, or a certificate of occupancy (Attachment D). A Notice of Violation was posted, and the structure was posted as unsafe for public use or occupancy by both the Building Official and Fire Marshal.

Vicinity Map

Project No. 2021-26 (Charcoal House Restaurant) August 3, 2022

Although the establishment has worked on minimizing disruptive conduct, construction without permits at the site continues, despite numerous conversations with and enforcement activities over several years by the City in which it was demanded that no work be performed without issued permits in hand. The applicant is now working with the City to ensure that they are obtaining all necessary approvals and permits to continue operating their business in a safe and compliant manner. The Building Official and Fire Marshall determined that partial occupancy could be granted for the banquet room and kitchen area of the Charcoal House prior to resolution of the issues related to the unpermitted construction if specific recommendations are strictly followed to ensure that such occupancy would not pose undue risk to the public.

DISCUSSION:

The applicant proposes to amend the existing Conditional Use Permit to expand the performance entertainment throughout the entire restaurant, with the addition of the roof enclosure. The Charcoal House restaurant proposes to operate food and bar service, a hookah lounge, live entertainment, including live singers, disk jockey (D.J.), dancers, comedians, and magic performances, and private engagements, including receptions and celebrations at their establishment. The restaurant consists of two main rooms, labeled “Banquet Hall” and “General Dining Area.” Performance entertainment is proposed in both the banquet hall and the general dining area while private engagements are only proposed in the banquet hall, but it is proposed by condition of approval that there will be no concurrent use of the banquet hall and general dining area with the total building occupancy capped at 200 people. The Business Plan describes the areas where each use would occur (Attachment E), while the project plans demonstrate the areas where each use would occur (Attachment F).

The planned hours of operation for the restaurant are 11 a.m. – 2:00 am, seven days per week. Hours of performance entertainment are requested to align with hours of operation, but in light of persistent noise issues in the past and based on consultation with the City Manager’s office and the Chief of Police, the draft resolution (Attachment A) to approve the project includes conditions of approval to cease performance entertainment by 12:00 a.m. Sunday through Thursday and 1:00 a.m. on Friday, Saturday, and New Year’s Eve.

The project meets the development standards required as per La Mesa Municipal Code (LMMC) Section 24.06.030.

The Planning Commission may grant an amendment to a Conditional Use Permit only when they make the required findings as per LMMC Section 24.02.060. The attached draft resolution of approval (Attachment A) includes proposed conditions of approval to ensure the project would not be detrimental to the public health, safety and welfare. The findings to approve the requested Conditional Use Permit are supported by the evidence on the record as discussed below.
(A) Incompatibility with other uses in the same vicinity will not result.

Project No. 2021-26 (Charcoal House Restaurant) August 3, 2022

The existing use of performance entertainment will not be incompatible with other uses in the same vicinity with the implementation of the conditions of approval. The performance entertainment use has been established by conditional use permit in other restaurants located in Commercial zones in the City of La Mesa, and have seldom resulted in incompatibility with surrounding commercial uses. The subject property is located in the CN-D zone, and surrounding development is commercial, including a hotel to the west, an indoor sports arena to the north, and a multi-tenant building to the east that shares a common parking lot with the subject property. (B) Issuance of such a conditional use permit would not lead to the creation of a nuisance and would not endanger the public health, safety, or order by:
(1) Unreasonably increasing pedestrian and/or vehicular traffic in the area in which the premises are located;
It is not expected that the performance entertainment would generate a noticeable amount of additional pedestrian or vehicular traffic. The use of performance entertainment would not increase the occupant load of the restaurant since the live entertainment is intended to enhance the experience for the patrons of the restaurant. Although the Charcoal House restaurant has been operating with performance entertainment provided throughout the entire restaurant for a number of years without proper permits, there have not been any significant complaints or issues related to pedestrian traffic, vehicular traffic, or parking. As conditions of approval, the maximum number of guests will be capped at 200 people and security and/or management personnel would manage loitering on or around the premises to control pedestrian traffic on the subject property. A parking analysis and report to the Planning Commission in a new public hearing are required if there are substantiated parking and/or vehicular traffic complaints.
(2) Increasing the incidence of disruptive conduct in the area in which the premises are located; or
The proposed amendment of the performance entertainment use with the addition of the rooftop enclosure is not anticipated to increase the incidence of disruptive conduct in the area with adherence to the conditions of approval. A bar use has the possibility of creating disruptive conduct; however, the principal use of the business is as a restaurant. As proposed conditions of approval, security personnel is required on-site while performance entertainment occurs to ensure disruptive conduct does not occur, and to restrict loitering around the establishment. In addition, a draft condition of approval outlines the process for a new public hearing before the Planning Commission should the use create a nuisance to the surrounding properties.
(3) Unreasonably increasing the level of noise in the area in which the premises are located.

Project No. 2021-26 (Charcoal House Restaurant) August 3, 2022

With the proposed rooftop enclosure for the outdoor dining area, the proposed amendment of the performance entertainment use would not substantially increase the level of noise in the area in which the premises are located. The Charcoal House restaurant has received several noise complaints and citations since 2018 due to the performance entertainment being located in the outdoor patio without the benefit of proper permits. The addition of the roof enclosure would reduce the existing noise levels since the performance entertainment use would be located entirely within the building. Condition of approval include requirements that amplification would be restricted to maintain a level that would be consistent with the City of La Mesa Noise Ordinance, doors would remain closed at all times except for entry/exit, and skylights would be inoperable. Another condition of approval outlines the process for a new public hearing before the Planning Commission should the use create a nuisance to the surrounding properties.
(C)The use is consistent with the General Plan.

The proposed use is consistent with the General Plan designation of Regional Serving Commercial. The Regional Serving Commercial designation is intended for areas that allow more intense urban activities, such as high volume retail sales, and other sales and services which are expected to draw local and Regional customers. Entertainment uses such as movie theaters and nightclubs may be conditionally permitted within the Regional Serving Commercial land use designation.

ENVIRONMENTAL REVIEW:

The project is categorically exempt from environmental review under California Environmental Quality Act (CEQA) Guidelines Section 15301, which exempts minor alterations where there is a negligible expansion of use. Interior alterations to existing buildings qualify for this exemption. None of the exceptions in Section 15300.2 apply.

RECOMMENDATION:

Adopt a resolution (Attachment A) approving the amendment to the conditional use permit, subject to the conditions of approval in Exhibit A thereto.

Submitted by:

Laura Traffenstedt
Assistant Planner

Project No. 2021-26 (Charcoal House Restaurant) August 3, 2022

Attachments:

A. Draft Resolution approving the Conditional Use Permit B. Zoning Map
C. CP-01-91 Approved Plans and Resolution No. BOA-91-04 D. Site Photographs
E. Charcoal House Business Plan
F. Project Plans
E:\cp2022\Reports\PC\2021-26 (Charcoal House).docx

RESOLUTION NO. PC 2022-06

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA MESA APPROVING PROJECT 2021-26 (CHARCOAL HOUSE RESTAURANT) – A

REQUEST FOR AN AMENDMENT TO AN EXISTING CONDITIONAL USE PERMIT (CP-01-91) FOR PERFORMANCE ENTERTAINMENT AT AN EXISTING RESTAURANT AT 9566 MURRAY DRIVE IN THE CN-D (NEIGHBORHOOD COMMERCIAL/URBAN DESIGN OVERLAY) ZONE.

WHEREAS, project applicant Charcoal House Restaurant has submitted a conditional use permit application to the City of La Mesa for an amendment to the existing Conditional Use Permit (CP-01-91) for performance entertainment at an existing restaurant at 9566 Murray Drive in the CN-D (Neighborhood Commercial/Urban Design Overlay) zone; WHEREAS, pursuant to Section 24.06.020 of the La Mesa Municipal Code (LMMC), the principal use of performance entertainment, defined as any principal activity or establishment conducted by an individual, partnership, firm, association, corporation or other legal entity which offers its patrons entertainment, either live or recorded, which specifically involves performance, is permitted upon approval of a conditional use permit in the Neighborhood Commercial zone; WHEREAS, the Planning Commission did receive and consider a staff report on the proposed project; and
WHEREAS, the Planning Commission of the City of La Mesa did hold a duly noticed public hearing on August 3, 2022, and accepted public testimony in considering Project No. 2021-26.

THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS:

1. Conditional Use Permit Findings (La Mesa Municipal Code Section 24.02.060):
(A) Incompatibility with other uses in the same vicinity will not result.

The existing use of performance entertainment will not be incompatible with other uses in the same vicinity with the implementation of the conditions of approval. The performance entertainment use has been established by conditional use permit in other restaurants located in Commercial zones in the City of La Mesa, and have seldom resulted in incompatibility with surrounding commercial uses. The subject property is located in the CN-D zone, and surrounding development is commercial, including a hotel to the west, an indoor sports arena to the north, and a multi-tenant building to the east that shares a common parking lot with the subject property. (B) Issuance of such a conditional use permit would not lead to the creation of a nuisance and would not endanger the public health, safety, or order by:

Resolution No. PC-2022-06 August 3, 2022

(1) Unreasonably increasing pedestrian and/or vehicular traffic in the area in which the premises are located;
It is not expected that the performance entertainment would generate a noticeable amount of additional pedestrian or vehicular traffic. The use of performance entertainment would not increase the occupant load of the restaurant since the live entertainment is intended to enhance the experience for the patrons of the restaurant. Although the Charcoal House restaurant has been operating with performance entertainment provided throughout the entire restaurant for a number of years without proper permits, there have not been any significant complaints or issues related to pedestrian traffic, vehicular traffic, or parking. As conditions of approval, the maximum number of guests will be capped at 200 people and security and/or management personnel would manage loitering on or around the premises to control pedestrian traffic on the subject property. A parking analysis and report to the Planning Commission in a new public hearing are required if there are substantiated parking and/or vehicular traffic complaints. (2) Increasing the incidence of disruptive conduct in the area in which the premises are located;
The proposed amendment of the performance entertainment use with the addition of the rooftop enclosure is not anticipated to increase the incidence of disruptive conduct in the area with adherence to the conditions of approval. A bar use has the possibility of creating disruptive conduct; however, the principal use of the business is as a restaurant. As proposed conditions of approval, security personnel is required on-site while performance entertainment occurs to ensure disruptive conduct does not occur, and to restrict loitering around the establishment. In addition, a draft condition of approval outlines the process for a new public hearing before the Planning Commission should the use create a nuisance to the surrounding properties.
(3) Unreasonably increasing the level of noise in the area in which the premises are located.

With the proposed rooftop enclosure for the outdoor dining area, the proposed amendment of the performance entertainment use would not substantially increase the level of noise in the area in which the premises are located. The Charcoal House restaurant has received several noise complaints and citations since 2018 due to the performance entertainment being located in the outdoor patio without the benefit of proper permits. The addition of the roof enclosure would reduce the existing noise levels since the performance entertainment use would be located entirely within the building. Condition of approval include requirements that amplification would be restricted to maintain a level that would be consistent with the City of La Mesa Noise Ordinance, doors would remain closed at all times except for entry/exit, and skylights would be inoperable. Another condition of approval outlines the process for a new public hearing before the Planning Commission should the use create a nuisance to the surrounding properties.

Resolution No. PC-2022-06 August 3, 2022

(C) The use is consistent with the general plan.

The proposed use is consistent with the General Plan designation of Regional Serving Commercial. The Regional Serving Commercial designation is intended for areas that allow more intense urban activities, such as high volume retail sales, and other sales and services which are expected to draw local and Regional customers. Entertainment uses such as movie theaters and nightclubs may be conditionally permitted within the Regional Serving Commercial land use designation.

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF LA MESA AS FOLLOWS:

1. The foregoing findings of fact and determinations are true and hereby made a part hereof.

2. The foregoing findings of fact and determinations are supported by the staff, report, plans, and exhibits, all of which are herein incorporated by reference.

3. The Planning Commission approves Project No. 2021-26 subject to the conditions of approval in Exhibit A.

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of La Mesa, California, held the 3rd day of August 2022, by the following vote, to wit:

AYES: Chair Torpey and Commissioners Jones, Coston, Cooper, and Alvarado NOES: None
ABSENT: None
I, Kerry Kusiak, Secretary of the City of La Mesa Planning Commission, do hereby certify the foregoing to be a true and exact copy of Resolution PC-2022-06, duly passed and adopted by the Planning Commission.
__________________________
Kerry Kusiak, Secretary
La Mesa Planning Commission

Exhibit A
PC Resolution PC-2022-06
Project 2021-26
Conditions of Approval
A. GENERAL CONDITIONS

1. The project is conditionally approved as set forth on the application, Charcoal House Business Plan, and project drawings received electronically by the City on July 20, 2022, consisting of three (3) sheets total, including A-1 – Site Plan; A-2 – Floor Plan and Roof Plan; A-3 – Elevations; all designated as approved by the Planning Commission on August 3, 2022, and shall not be altered without express authorization by the Community Development Department.

2. This approval shall not waive compliance with any section of the La Mesa Municipal Code or any other applicable City regulations in effect unless specifically waived herein.

3. Performance entertainment shall not occur prior to operating hours as identified in the Charcoal House Business Plan and shall cease by 12:00 a.m. Sunday through Thursday and 1:00 a.m. on Friday, Saturday, and New Year’s Eve.

4. No concurrent use of the banquet hall and general dining area shall be allowed at any time.

5. At all times, building occupancy shall be maintained, and not exceeded, in accordance with all applicable laws, including but not limited to Building Code and Fire Code. The room labeled “banquet hall” is limited to a maximum of 150 guests, and the room labeled “general dining area” is limited to a maximum of 200 guests. The number of occupants and guests shall be continuously monitored by security and/or management personnel.

Appropriate action, including but not limited to removing guests, refusing entry to guests, or temporarily ceasing business operations, shall be taken to ensure that building occupancy or the maximum guest capacity are not exceeded at any time.

6. No open containers of alcoholic beverages shall be allowed outside the premises, including but not limited to the parking lot and adjacent yard area.

7. Security and/or management personnel shall not permit loitering on the premises of the site or within the public right-of-way within or immediately adjacent to the premises. For purposes of this section, the term "loitering" shall mean remaining or lingering in or around the premises with no apparent purpose or reason related to the business located thereon.

8. At all times performance entertainment occurs on-site, the facility shall provide security personnel licensed by the State of California and in possession of a valid Department of Consumer Affairs “security guard card” and a valid City of La Mesa Business License. The applicant shall provide copies of security contracts and security guard cards.

9. All performance entertainment on site must maintain compliance at all times with all applicable noise laws.

10. Doors must remain closed at all times performance entertainment occurs on-site except as needed momentarily for entry to and exit from the building. Signs stating “DOORS TO BE CLOSED DURING ENTERTAINMENT” shall be placed on the interior and the exterior and in close proximity to entry doors to the specification of the Director of Community Development. The lettering of the sign shall be in a font that is clearly legible, all capitals, and not less than 2” in letter height.

11. The Director of Community Development (“Director”) shall provide written notice to the business owner and/or property owner of any substantiated parking and/or vehicular traffic complaints. The notice shall prescribe that performance entertainment operations shall be suspended entirely or in part as determined by the Director in consultation with the City Manager and the Chief of Police. A parking and/or traffic analysis shall be provided to the specification of the Director, whom shall prepare and present a report regarding the complaint(s) and the analysis to the Planning Commission in a noticed public hearing.

Based on the evidence presented and testimony received in the public hearing, the Planning Commission may impose additional restrictions and conditions of approval or may revoke the Conditional Use Permit.

12. The Director of Community Development (“Director”) shall provide written notice to the business owner and/or property owner of any substantiated loitering complaints, noise complaints, nuisance complaints, non-compliance with the Conditional Use Permit, and/or non-compliance with other applicable state or local regulations. The notice shall prescribe that performance entertainment operations shall be suspended entirely or in part as determined by the Director in consultation with the City Manager and the Chief of Police.

In the instance of noise-related complaints, an acoustical analysis shall be performed to the specification of the Director. The Director shall prepare and present a report regarding the complaint(s) and any analysis prepared to the Planning Commission in a noticed public hearing. Based on the evidence presented and testimony received in the public hearing, the Planning Commission may impose additional restrictions and conditions of approval or may revoke the Conditional Use Permit.

13. As soon as possible following one year from the issuance of a certificate of occupancy, the Director of Community Development shall provide a report to the Planning Commission on the operational performance of the use in a duly noticed public hearing.

The Planning Commission shall consider the matter and may modify, add to, remove, and/or reduce conditions of approval based on the report, evidence presented, and testimony received. The use permit shall expire at the conclusion of the public hearing unless the Planning Commission acts to extend the life of the permit for a specified time frame or in perpetuity.

B. THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO THE ISSUANCE OF THE FINAL OCCUPANCY PERMIT:

Building

1. The applicant shall obtain approvals from all departments for all issued permits: building, fire, planning, grading, SD County ACPD, SD County HazMat, Encroachment, or other permits for the proposed improvements prior to the issuance of a certificate of occupancy.

E:\cp2022\Resolutions\PC\PC-2022-xx (2021-26) CUP.docx

Charcoal House
Business Plan
Hours of operation:

Sunday: 11am-2am
Monday: 11am-2am
Tuesday: 11am-2am
Wednesday: 11am-2am
Thursday: 11am-2am
Friday: 11am-2am
Saturday: 11am-2am
Charcoal house is a restaurant and bar which has been La Mesa staple for the last several decades. The restaurant serves modern middle-eastern and multi-cultural food from around the world. The restaurant hosts private events and live entertainment. Live entertainment may consist of a DJ, band, musician, dancing, performing artist, magician, comedian, fashion runway, belly dancer(s), drama/theater show, celebrity appearances, and other similar types of performing acts. Performers may move throughout the room that they are designated to perform in which is either the banquet hall or general dining area, but never both in the same occurrence. Both the banquet hall and general dining area consist a “entertainment area” in the southern portion of each room (rectangle area labeled “entertainment area” on floor plan). This area will serve as the designated location for items such as DJ booth, music equipment, band, etc. however, an entertainer is not restricted to remain in this area and may move throughout the restaurant. The “entertainment area” would serve the same purpose as a traditional stage would serve, however a stage is not proposed. For example, a magician may approach various seated guests and include them in the act, a singer may approach a fan and take a picture while performing or a belly dancer may move throughout the general dinning area but would not go into the banquet hall.

The total occupancy for the entire building at any given time shall be 200 people. There are two dining areas within the restaurant, one banquet hall (limited to 150 guests) and one general dining area (limited to 200 guests). There is a parking agreement with Anthony’s (next door) that allows valet service to park dozens of cars on Anthony’s property. This service is utilized on busy nights to mitigate any over flow parking needs. Both areas consist of a designated main entertainment area. Due to various physical constraints, the small kitchen size, limited kitchen equipment and parking availability, the restaurant physically cannot and shall not occupy both the banquet hall and general dining area spaces at the same time. In addition, guests may not be receptive to both areas being utilized at the same time because it would likely impact customer service, food/drink service delivery times, will feel uncomfortable/crowded, will have overlapping noise, and may have other negative customer experiences. Considering these factors, there will be no concurrent use of the banquet hall and general dining area.

The purpose of the banquet hall is host private events such as baptisms, first communions, quinceaneras, bar mitzvahs, bridal showers, engagements, graduation parties and other similar events. The banquet hall will only be used for private events and will not be used for general dining. The banquet room will only be staffed and utilized when a private event takes place. Events may take place 7 days week between hours of 11am-2am following day.

The general dining area serves as the general restaurant area which is open 7 days a week 11am-2am the following day. Lunch is served from 11am to 3pm and dinner is served from 5pm to 2am. There is no seating at the bar area which is restricted to service only. There are private “VIP” style seating areas located on the interior boundaries of the main dining area. Live entertainment shall be limited to only Thursday-Sunday 8pm-2am in the general dining area. Hookah is traditionally prepared by trained staff in the southeast corner of the general dining area. This area is for hookah preparation only and there is no direct service to guests. Hookah is prepared in this area and delivered to seated guests throughout the general dining area. To prevent noise from spilling outside, exterior doors shall remain closed. In addition, amplified noise levels shall be electronically limited by the business operator to a threshold that City has determined to be adequate. A roof enclosure was recently constructed to minimize noise and amplified noise levels shall be electronically limited by the business operator to a threshold that city has determined to be adequate.

(E) COURTYARD

TO BE ENCLOSED

BY NEW ROOF

NO PARKING
9566 MURRAY DRIVE
(E) CHARCOAL HOUSE

RESTAURANT
(E) BUILDING
(E) TRASH
(E) PARKING

ADA COMPLIANT

PARKING STALLS

AND AISLES
(E) PARKING
(E) PARKING
(E) PARKING
(E) PARKING
CL

M U R R A Y D R I V E
20'-0" EXISTING
(E) GUARD
(E) CURB
(E) DETECTABLE
STRIP

NO PARKING
(E) DETECTABLE
STRIP
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 BATHROOMS AND

BAR AREA TO BE

REMODELED
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 81
82 83
84 85 86
87 88
89 89 CHARCOAL HOUSE CUP 9566 MURRAY DRIVE LA MESA, CALIFORNIA 91942 ozD E S I G N D R A F T I N G C O N S U L T I N G P R O J E C T M A N A G M E N T O Z D E S I G N L A B 1 7 1 7 F I F T H A V E N U E S A N D I E G O C A L I F O R N I A 9 2 1 0 1 6 1 9 . 3 0 2 . 3 8 5 7 o s c a r @ o z d e s i g n l a b . c o m

ISSUE DATES

06.23.22 07.17.22

RE-SUBMITTAL

RE-SUBMITTAL

SITE PLAN
1" = 20'-0"
A-1

VICINITY MAP
TENANT

SCOPE OF WORK
ASSESSORS NO.

LEGAL DESCRIPTION
ZONE

CONSTRUCTION

OCCUPANCIES

CHARCOAL HOUSE
9566 MURRAY DRIVE
LA MESA, CA 91942

REMODEL EXISTING RESTROOMS

ENCLOSE EXISTING COURTYARD WITH NEW

PRE-MANUFACTURED TRUSSES PER

STRUCTURAL

NEW OPENING INTO DINING AREA

REMODEL BAR

ENLARGE EXISTING PARAPETS AT FRONT

DINING AREA TO SCREEN NEW HVAC UNITS
446-840-06-00
BLK 29* LOT 1* (EX HWY) PAR A DOC
130323REC70 IN LOT 1 MAP 593

CN-D ZONE NEIGHBORHOOD COMMERCIAL

TYPE V-B, SPRINKLERED
A-2
8,537
1,965 SF
10,502 SF

BUILDING AREAS

EXISTING BUILDING

COURTYARD AREA TO BE ENCLOSED
TOTAL
INTERSTATE 125
INTERSTATE 8

MURRAY DR

GROSSMONT SUMMIT DR GROSSMONT BLVDLOREN DR WATER ST

(E) KITCHEN
(E) SERVICE
(E) WALK IN
COOLER
(E) STORAGE
(E) STORAGE
(E) SERVICE
(E) JANITOR
MENS
WOMENS
(E) WOMENS

EXISTING NON-PERMITTED

BAR FOR SERVICE ONLY, NO

SEATING, (PERMIT IN

STORAGE PROCESS)
(E) DINING
AREA
(E) ENTRY
A-4B

ENTERTAINMENT
AREA

GENERAL DINING

EXISTING NON-PERMITTED

ROOF ABOVE, PERMIT IN

PROCESS
(E) DINING
AREA

ENTERTAINMENT
AREA

HOOKAH PREP
AREA

NO PUBLIC
ACCESS
BANQUET HALL 65'-9" PATH OF TRAVEL TO NEAREST EXIT 52'-0" PATH OF TRAVEL TO NEAREST EXIT 76'-9" PATH OF TRAVEL TO NEAREST EXIT
1 : 12
1 : 12
1 : 12
1 : 12
(E) ROOF (E)
(E)
(E) (E) 1/4" MIN 1/4" MIN
(E) PARAPET TO BE

SUFFICIENTLY ENLARGED

TO SCREEN MECHANICAL

EQUIPMENT TYP AT

PERIMETER

PROPOSED

NON-OPERABLE

SKYLIGHTS
A-4A
A-4B
A-4A
A-4B

NEW HVAC UNIT AND

DUCTING

NEW HVAC UNITS
AND DUCTING 61'-3" PARAPET TO BE ENLARGED
60'-0" PARAPET TO BE ENLARGED 68'-312" PARAPET TO BE ENLARGED

EXISTING POLE SIGN TO BE
REMOVED CHARCOAL HOUSE CUP 9566 MURRAY DRIVE LA MESA, CALIFORNIA 91942 ozD E S I G N D R A F T I N G C O N S U L T I N G P R O J E C T M A N A G M E N T O Z D E S I G N L A B 1 7 1 7 F I F T H A V E N U E S A N D I E G O C A L I F O R N I A 9 2 1 0 1 6 1 9 . 3 0 2 . 3 8 5 7 o s c a r @ o z d e s i g n l a b . c o m

ISSUE DATES

06.23.22 07.17.22

RE-SUBMITTAL

RE-SUBMITTAL

FLOOR PLAN

AND ROOF PLAN
A-2

PROPOSED FLOOR PLAN
1/8" = 1'-0"

ROOF PLAN
1/8" = 1'-0"

15'-4" 11'-10" 10'-6"
T.O.TRUSS RIDGE
B.O.TRUSS
(E) T.O.PLATE

NEW ROOF

NEW PARAPET W/ BRACING

PER STRUCTURAL TYP

LIMIT OF WORK ON EXTERIOR

OF STRUCTURE

NEW PARAPET W/ BRACING

PER STRUCTURAL TYP

LIMIT OF WORK ON

EXTERIOR OF

STRUCTURE

NEW ROOF

NEW PARAPET W/ BRACING

PER STRUCTURAL TYP

LIMIT OF WORK ON EXTERIOR

OF STRUCTURE
NEW ROOF CHARCOAL HOUSE CUP 9566 MURRAY DRIVE LA MESA, CALIFORNIA 91942 ozD E S I G N D R A F T I N G C O N S U L T I N G P R O J E C T M A N A G M E N T O Z D E S I G N L A B 1 7 1 7 F I F T H A V E N U E S A N D I E G O C A L I F O R N I A 9 2 1 0 1 6 1 9 . 3 0 2 . 3 8 5 7 o s c a r @ o z d e s i g n l a b . c o m

ISSUE DATES

06.23.22 07.17.22

RE-SUBMITTAL

RE-SUBMITTAL

ELEVATIONS
A-3
1/4" = 1'-0"

SOUTH ELEVATION
1/4" = 1'-0"

EAST ELEVATION
1/4" = 1'-0"

WEST ELEVATION
1/4" = 1'-0"

NORTH ELEVATION

8130 ALLISON AVENUE  LA MESA, CA 91942  TEL: 619.667.1177 FAX: 619.667.1380 July 13, 2023
Nash Habib
Charcoal House
Restaurant 9566
Murray Drive
La Mesa, CA 91942
RE: Conditional Use Permit and Building Code Compliance Violations at Charcoal House Restaurant
Dear Mr. Habib,
On August 3, 2022, the Planning Commission approved an amendment to a Conditional Use Permit (CUP) allowing performance entertainment uses, with conditions, for Charcoal House. As prescribed in the Conditions of Approval in Resolution PC-2022-06 (Attachment A), following one year from the issuance of a certificate of occupancy, the Director of Community Development shall provide a report to the Planning Commission on the operational performance of the use in a duly noticed public hearing. On September 1, 2022, Charcoal House obtained temporary occupancy. Therefore, this letter provides written notice that project 2021-26 will be scheduled for Planning Commission on September 20, 2023. At that meeting, the Planning Commission will consider the matter and may modify, add to, remove, and/or reduce conditions of approval based on the report, evidence presented, and testimony received. The CUP shall expire at the conclusion of the public hearing unless the Planning Commission acts to extend the life of the permit for a specified time frame or in perpetuity.

Since approval of the CUP, the performance entertainment operation has generated issues of concern related to substantiated nuisance and parking complaints as well as non-compliance with the Conditional Use Permit. Property history since August 1, 2022, is provided as Attachment B. A summary of incidents demonstrating noncompliance with the CUP conditions of approval, non-compliance with state or local regulations, and substantiated complaints that are included in Attachment B is outlined below:

PERMIT HISTORY
Building Permits for the tenant improvements and roof enclosure associated with the CUP are required for the building and were issued on August 10, 2022 and August 23, 2022 respectively. On September 1, 2022, Charcoal House obtained temporary

8130 ALLISON AVENUE  LA MESA, CA 91942  TEL: 619.667.1177 FAX: 619.667.1380 occupancy of the entire building, with the following remaining items noted during a Building Inspection that needed to be addressed prior to final occupancy:
• Unauthorized vehicle signage at entrance
• Maximum occupancy sign/banquet room
• Planning Final Inspection
• Electrical missing junction box in attic
To date, a Certificate of Occupancy (CO) has not been obtained for the required building permits for the tenant improvements and roof enclosure for the building. The CO is a legal document that verifies a structure, such as a house or office building, is safe to inhabit. Without the final CO, the building is not legally considered safe to inhabit. Staff has contacted the applicant’s team by telephone to follow-up on several occasions, but there has been no follow through with obtaining the CO. The building permits will expire on August 23, 2023.

POLICE REPORTS
Since the approval of the CUP and issuance of temporary occupancy, the La Mesa Police Department has acted on calls for service from the public, and conducted scheduled patrol checks of the premises.

Below are summaries of the most egregious examples of non-compliance with the CUP:

1. January 1, 2023 – 0218 hours – Nuisance Complaint
A Charcoal House patron called 9-1-1, reporting seven people were fighting inside the bar, and they pushed a bystander over a table. The fighting parties were gone by the time police arrived and remain unidentified. The victim, a 59- year-old woman, was transported to the hospital. The victim and friend of the victim complained that a lack of security was a contributing factor.

2. January 5, 2023 – 2256 hours – Parking/Vehicular Traffic Complaint A patron from inside the Charcoal House reported the facility was overcrowded and made him feel unsafe. An officer responded and spoke with the manager and a patron outside; both assured him the restaurant was not crowded. He accepted their assertion. The officer noted vehicles parked in the travel lanes through the parking lot and asked for them to be moved.

3. February 3, 2023 – 2151 hours – Parking/Vehicular Traffic Complaint A passerby reported cars blocking the sidewalk and the westbound travel lane on Murray Drive, waiting to enter the Charcoal House parking lot. When officers arrived two hours later, the congestion was no longer present, but they

8130 ALLISON AVENUE  LA MESA, CA 91942  TEL: 619.667.1177 FAX: 619.667.1380 observed a disabled parking violation and cited the car.

4. February 9, 2023 – 2146 hours – Parking/Vehicular Traffic Complaint, Noise Complaint
A passerby reported he was walking his dog on Murray Drive near the Charcoal House and observed valet drivers blocking easements and driving erratically.

He also said there was overcrowding inside the bar as observed via social media posts.

At 2219 hours, a second reporting party complained of loud music and car horn honking from the Charcoal House.

At 2250 hours, a unit became available and responded. The officer met with the manager and door staff who said the door count was “190.” Two officers went into the restaurant and viewed the banquet room where a DJ was playing for an audience. The officers were satisfied with the manager’s assessment of the crowd size, and did not find that the crowd was obviously over capacity.

The officers also noted the noise was not excessive, but several improperly/illegally parked vehicles were in the parking lot. The manager directed his valets to have them moved immediately. A Traffic Officer became available and checked on compliance at 2340 hours. She took photos of the violations she encountered and cited three disabled parking violations, one disabled loading zone violation, and one red curb violation (Attachment C).

5. April 23, 2023 – 0001 hours – Parking/Vehicular Traffic Complaint While the Police Department was conducting extra traffic patrol on April 23, 2023, four disabled parking zone violations were cited.

CODE COMPLIANCE COMPLAINTS
Additional complaints were raised by community members that are not part of the police reports that include complaints of excessive noise, over-capacity, valet driving unsafely, and other illegal parking issues.

SUMMARY OF NON-COMPLIANCE:

The above incidents demonstrate potential non-compliance with the Conditional Use Permit, including but not limited to issues related to nuisance, parking violations, lack of security contracts and security guard cards to ensure proper security is maintained on-site, lack of proper signage to maintain occupancy, and failing to obtain a Certificate of Occupancy.

8130 ALLISON AVENUE  LA MESA, CA 91942  TEL: 619.667.1177 FAX: 619.667.1380 The City of La Mesa requests a written response provided within 10 calendar days within the date of this letter that provides an explanation of these occurrences, steps that have been taken and will be taken to ensure that the Charcoal House Restaurant is in compliance with the CUP and all state and local laws.

If you should have any questions or concerns regarding this matter, please feel free to contact me at 619-667-1185, or by email at [email protected].

Sincerely,
Sandi Hazlewood
Assistant Director of Community Development
Copy:

Greg Humora, City Manager
Glenn Sabine, City Attorney
Ray Sweeney, Chief of Police
Kerry Kusiak, Director of Community Development
Oscar Herrera, Building Official
Shaun Richardson, Fire Marshal
Laura Traffenstedt, Associate Planner
Jacqueline Ellis, Code Compliance Officer
Thomas R. Toothaker, property owner
Attachments:

A. Resolution PC-2022-06
B. Property Activity (August 1, 2022 – April 20, 2023)
C. Parking Violations

RESOLUTION NO. PC 2022-06

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA MESA APPROVING PROJECT 2021-26 (CHARCOAL HOUSE RESTAURANT) – A

REQUEST FOR AN AMENDMENT TO AN EXISTING CONDITIONAL USE PERMIT (CP-01-91) FOR PERFORMANCE ENTERTAINMENT AT AN EXISTING RESTAURANT AT 9566 MURRAY DRIVE IN THE CN-D (NEIGHBORHOOD COMMERCIAL/URBAN DESIGN OVERLAY) ZONE.

WHEREAS, project applicant Charcoal House Restaurant has submitted a conditional use permit application to the City of La Mesa for an amendment to the existing Conditional Use Permit (CP-01-91) for performance entertainment at an existing restaurant at 9566 Murray Drive in the CN-D (Neighborhood Commercial/Urban Design Overlay) zone; WHEREAS, pursuant to Section 24.06.020 of the La Mesa Municipal Code (LMMC), the principal use of performance entertainment, defined as any principal activity or establishment conducted by an individual, partnership, firm, association, corporation or other legal entity which offers its patrons entertainment, either live or recorded, which specifically involves performance, is permitted upon approval of a conditional use permit in the Neighborhood Commercial zone; WHEREAS, the Planning Commission did receive and consider a staff report on the proposed project; and
WHEREAS, the Planning Commission of the City of La Mesa did hold a duly noticed public hearing on August 3, 2022, and accepted public testimony in considering Project No. 2021-26.

THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS:

1. Conditional Use Permit Findings (La Mesa Municipal Code Section 24.02.060):
(A) Incompatibility with other uses in the same vicinity will not result.

The existing use of performance entertainment will not be incompatible with other uses in the same vicinity with the implementation of the conditions of approval. The performance entertainment use has been established by conditional use permit in other restaurants located in Commercial zones in the City of La Mesa, and have seldom resulted in incompatibility with surrounding commercial uses. The subject property is located in the CN-D zone, and surrounding development is commercial, including a hotel to the west, an indoor sports arena to the north, and a multi-tenant building to the east that shares a common parking lot with the subject property. (B) Issuance of such a conditional use permit would not lead to the creation of a nuisance and would not endanger the public health, safety, or order by:

ATTACHMENT A

Resolution No. PC-2022-06 August 3, 2022

(1) Unreasonably increasing pedestrian and/or vehicular traffic in the area in which the premises are located;
It is not expected that the performance entertainment would generate a noticeable amount of additional pedestrian or vehicular traffic. The use of performance entertainment would not increase the occupant load of the restaurant since the live entertainment is intended to enhance the experience for the patrons of the restaurant. Although the Charcoal House restaurant has been operating with performance entertainment provided throughout the entire restaurant for a number of years without proper permits, there have not been any significant complaints or issues related to pedestrian traffic, vehicular traffic, or parking. As conditions of approval, the maximum number of guests will be capped at 200 people and security and/or management personnel would manage loitering on or around the premises to control pedestrian traffic on the subject property. A parking analysis and report to the Planning Commission in a new public hearing are required if there are substantiated parking and/or vehicular traffic complaints. (2) Increasing the incidence of disruptive conduct in the area in which the premises are located;
The proposed amendment of the performance entertainment use with the addition of the rooftop enclosure is not anticipated to increase the incidence of disruptive conduct in the area with adherence to the conditions of approval. A bar use has the possibility of creating disruptive conduct; however, the principal use of the business is as a restaurant. As proposed conditions of approval, security personnel is required on-site while performance entertainment occurs to ensure disruptive conduct does not occur, and to restrict loitering around the establishment. In addition, a draft condition of approval outlines the process for a new public hearing before the Planning Commission should the use create a nuisance to the surrounding properties.
(3) Unreasonably increasing the level of noise in the area in which the premises are located.

With the proposed rooftop enclosure for the outdoor dining area, the proposed amendment of the performance entertainment use would not substantially increase the level of noise in the area in which the premises are located. The Charcoal House restaurant has received several noise complaints and citations since 2018 due to the performance entertainment being located in the outdoor patio without the benefit of proper permits. The addition of the roof enclosure would reduce the existing noise levels since the performance entertainment use would be located entirely within the building. Condition of approval include requirements that amplification would be restricted to maintain a level that would be consistent with the City of La Mesa Noise Ordinance, doors would remain closed at all times except for entry/exit, and skylights would be inoperable. Another condition of approval outlines the process for a new public hearing before the Planning Commission should the use create a nuisance to the surrounding properties.