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La Mesa City Council
March 12, 2024

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Agenda
Meeting
March 12, 2024
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La Mesa City Council
Text extracted from the city's file for reading and search. Open the original on pub-lamesa.escribemeetings.com. That file is the official record.

City Council - March 12, 2024

1. CALL TO ORDER
Public Comments:

1.1 INVOCATION - MAYOR ARAPOSTATHIS
Public Comments:

1.2 PLEDGE OF ALLEGIANCE
Public Comments:

2. CITY MANAGER COMMENTS
Public Comments:

3. COMMUNITY BULLETIN REPORTS
Public Comments:

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

5. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
Public Comments
Wendy Mihalic
Mayor and Council Members,
The overwhelming majority of public comment at the 27 February Council meeting was AGAINST adoption of Agenda item 10.4, removal of remote public comment for Council meetings. It appeared that the Ad Hoc Subcommittee, Parent and Arapostathis, did little to consider the desires of the broader community at that time and during the development of this recommendation.

Zoom bombing is ugly and uncomfortable and, apparently, protected speech. By removing remote access completely, La Mesa is essentially letting a group of people with vile beliefs force us into giving up our civil liberties and closing off access to our government. Research from Common Cause shows that a majority of California cities report that remote public comments have led to an increase in civic engagement and greater diversity of public views. More participation from the community means better government. The research also showed that nearly three-quarters of the respondent cities that adopted Zoom during COVID-19 (80 out of 116 cities of various sizes based on population data) continue to regularly use remote public comment in the post-pandemic era as an option at city council meetings.” The City of San Diego and the County have both retained remote public comment .

Rather than simply cutting off live remote access, why not put some effort into well thought-out alternatives, such as requiring speakers to identify their name, city and topic (as we do for live comment); requiring speakers to comment only on city work and governance; allowing La Mesa residents to speak first on non-agenda comments, enabling video for Zoom speakers to ’show their faces.' I appreciate that the door is open to take another look at the suspension of remote public comment. I urge that this be done without delay. No one builds better communities by shutting people out.

Respectfully,
Wendy Mihalic
La Mesa Resident
Mairs Ryan
March 12, 2024
I have been a faithful cheerleader of this Council since I relocated in 2013. I work two, sometimes three, jobs so that I can afford to live here. I have consistently defended the Council against residents who say you don’t listen to the citizens you serve.

However, your decision to shut down zoom comments has proved those nay-saying residents to be true. They’re right-you can’t listen to your constituents if you turn off the mic.

By silencing the zoom calls, you are silencing the voices of your own people. And that’s exactly what the bombers wanted. They don’t care about Zionism, Judaism, Israel, babies, or Torah. They care about creating chaos; they relish stemming public discourse. And they have succeeded.

These zoom chaos agents are very much like the non-residents who drove into La Mesa the night of May 29, 2020. Those rioters and arsonists didn’t care about the values behind the protest. Their goal was to disrupt the status quo.

But in that instance, those chaos agents did not win. That time La Mesa responded with courage and unity, with signs and murals, with hope and hard work. The ‘La Mesa Strong’ signs are still in evidence. Perhaps now the signs should say ‘La Mesa Scared’ because, in essence, you ran.

In cutting the mic, you lost a choir of engaged civilians. And, I can’t help but wonder: maybe the zoom silence is a bonus for you. Maybe the bombers have provided a way for you to stay safe from outside opinions. Maybe more comments just take up too much of your time; and maybe, just maybe, differing perspectives are inconvenient truths for you.

I don’t want to believe any of those are true, so please turn the zoom mic back on. ~Mairs Ryan
Christopher R Glenn
Residents and Representatives of La Mesa are fortunate if they have not fallen prey to the waves of Hate that have become commonplace across this Nation. It has increased notable and now visits wearing many faces.

The California Leage of Cities hosted a webinar in December to assist us with overcoming the plight. "Stop Hate: How Local Elected Officials Can Combat Rising Hate Crimes and Hate Speech".

Mayors and Councilmembers from several municipalities share in it their experiences with Hate in their jurisdictions, as well as their advice on how it may be overcome. Merely limiting public comments at City Meetings to those in the room won't restore civility.

The advice of these officials can't be condensed to a three-minute sound bite, so I leave you with a link provided by the League of Cities where you may hear for yourself what will be required of us all to uphold Free Speech and Respect each other. https://www.youtube.com/watch?v=bzwZPveNQ7U
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
Public Comments:

7. PUBLIC COMMENTS ON CONSENT CALENDAR
Public Comments:

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
Public Comments:
(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 Public Comments:

Recommended Motion:

Approve.

8.2 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETINGS HELD TUESDAY, FEBRUARY 13, AND TUESDAY, FEBRUARY 27, 2024 Attachments
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Public Comments

1. Post-Meeting Minutes - CCM_Feb13_2024.pdf

2. Post-Meeting Minutes - CCM_Feb27_2024_Updated.pdf
Wendy Mihalic
I would like the minutes for the meeting on 27 February to reflect that I provided public comment opposing 10.4.

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 Attachments
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Public Comments

1. Staff Report_Approval of Agreement with Phoenix Information Systems Group.pdf

2. Attachment A - Resolution.pdf

3. Attachment B - Agreement with Phoenix Group.pdf
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.

Attachments
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Public Comments

1. Staff Report_Replacement Police Vehicles 2024-03-12.pdf

2. Attachment A - Vehicle Replacement Resolution Mar 2024.pdf

3. Attachment B - Kearny Mesa Ford Quote.pdf

4. Attachment C - AEP Quote.pdf

5. Attachment D - Fiscal Impact Certificate_Replacement PD Vehicle.pdf 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 Attachments
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Public Comments

1. Staff Report _Award Professional Services Agreement to STC for the Spring Street Study 3-12-2024.pdf

2. ATTACHMENT A - Resolution Spring Street Study.pdf

3. ATTACHMENT B - STC Traffic Cost Proposal.pdf

4. ATTACHMENT C - Project Exhibit.pdf

5. ATTACHMENT D - Fiscal Certificate STC Traffic Inc.pdf 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 Attachments
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Public Comments

1. Staff Report_Authorizing Expenditure of Funds for Emergency Storm Drain Construction on Lee Avenue.pdf

2. Attachment A - Resolution Approving Emergency Expenditure.pdf

3. Attachment B - Final Project Invoice.pdf

4. Attachment C - Fiscal Certificate - Lee Ave.pdf
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 Attachments
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Public Comments

1. Staff Report_FOURTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR THE METRO WASTEWATER JOINT POWERS AUTHORITY .pdf

2. Attachment A - Resolution Fourth Amendment JPA.pdf

3. Attachment B - 4th Amendment JPA.pdf
Staff Reference: Mr. Throne
Recommended Motion:

Adopt Resolution.

8.8 RESOLUTIONS FOR THE LEMON AVENUE PARKING LOT IMPROVEMENTS PROJECT Attachments
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Public Comments

1. Staff Report_CCO-1 for Bid 24-04 Lemon Ave Parking Lot Improvements Project 3-12-2024.pdf

2. Attachment A - Resolution Bid 24-04 CO-1 .pdf

3. Attachment B - Resolution General Fund and Parking Fund Transfers.pdf

4. Attachment C - Contract Change Order 1 SNZ.pdf

5. Fiscal Certificate - Lemon Ave.pdf
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.

Public Comments:

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 Public Comments:

Recommended Motion:

Adopt Resolution.

9. HEARING
Public Comments:

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 Attachments
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Public Comments

1. Staff Report_2021-26 Appeal of PC Approval of Continuation of Charcoal House CUP.pdf

2. Attachment A - Draft Resolution affirming the approval of Resolution PC-2023-07.pdf

3. Attachment B - Appeal of Planning Commission approval of Resolution PC-2023-07.pdf

4. Attachment C - Vicinity Map.pdf

5. Attachment D - Zoning Map.pdf

6. Attachment E - CP-01-91 Approved Plans and Resolution No. BOA-91-04.pdf

7. Attachment F - August 3, 2022 Planning Commission Staff Report Project 2021-26.pdf

8. Attachment G - Resolution No. PC-2022-06.pdf

9. Attachment H - December 6, 2023 Planning Commission Report Project 2021-26.pdf

10. Attachment I - Resolution No. PC-2023-07.pdf

11. Attachment J - Security, Valet, and Towing Agreements.pdf

12. Attachment K - Current Site Photographs.pdf

13. Attachment L - Certificate of Occupancy Completion Items.pdf

14. Attachment M - Life and Fire Safety Inspection Report.pdf 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)
Public Comments:

11. AB 1234 REPORTS (GC 53232.3 (d))
Public Comments:

12. CITY ATTORNEY REMARKS
Public Comments:

13. ADJOURNMENT
Public Comments:

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