City Council - March 12, 2024
1. CALL TO ORDER
Public Comments:
The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda Items can be taken out of order during the meeting.
The Agenda Items were considered in the order presented.
Mayor Arapostathis called the meeting to order at 6:00 p.m.
1.1 INVOCATION - MAYOR ARAPOSTATHIS
Public Comments:
1.2 PLEDGE OF ALLEGIANCE
Public Comments:
2. CITY MANAGER COMMENTS
Public Comments:
There were no comments.
3. COMMUNITY BULLETIN REPORTS
Public Comments:
The Mayor, Council and staff made announcements and reported on various events taking place in the City. No action was taken.
4. ADDITIONS AND/OR DELETIONS TO THE AGENDA
Public Comments:
There were no additions or deletions to the agenda.
5. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
Public Comments
Dianne Osterling
Stop Hate Mongers Limiting Public Comment Access from Caring La Mesa Residents. Please redress remote public comment access immediately. The agenda states “The City of La Mesa encourages participation of disabled individuals in the services, activities, and programs provided by the City.” Aligning with the Americans with Disabilities Act intent- to eliminate barriers for disabled individuals by requiring reasonable accommodations be available to those individuals. Following are Americans with Disabilities (ADA) website quotes. (https://www.ada.gov/topics/effective-communication/ ):
• “An undue burden is a significant difficulty or expense.” • “Unless certain exceptions are met, state/local governments must give primary consideration to the person with a disability’s choice of communication aid or service.” o “Examples of Communication Aids and Services:…Video remote interpreting…Captioning…Accessible electronic and information technology…similar services…” Agenda states: “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]
. An inconsistency with ADA’s intent- improving disabled individual’s access, deferring to their communication choice. Remote Comment access required no affirmative action for mobility/transportation/ hearing/visual/immunocompromised disabled individuals for years. 02/27/2024 Zoom public comment access limitation, made disabled accommodation options less reasonable- requiring “special accommodations” requests. Remote access to public meetings is commonplace. Council should weigh reasonable accommodative access to public comments greater than was. Using California Government Code Section 5493 (AB2449) “Live Remote Public Comment ONLY during Councilmember teleconferencing…” interprets AB 2449 as limiting speech. It was intended to ensure remote public comment access in specific situations. Limiting access through AB2449 begs the question, “Will public receive timely notice of councilmember remote use? 02/27/2024 rewritten policy immediate implementation, after the vote may have violated The Brown Act. Posted public meeting notice stated individuals would have Zoom public comment access available at that meeting. No Public General Comment remote speakers were called on.
Hate speech won using intimidation & fear to control public communications when Council limited remote public comment access for all. 02/27/2024 violation of the first amendment may have occurred. Action was clearly taken in response to 02/13/2024 meeting hate speech. 06/19/2017 the Supreme Court unanimously affirmed- Speech may not be banned on the ground it expresses offensive ideas (Matal v. Tam). Adding a statement on the agenda limiting Public Comments to issues under council’s purview could ban non-city related comments. Council decisions must use legal grounds.
Civil dialogue specific to city issues is a reasonable goal. However, current policy limits constituents; disabled and life constrained residents’: dependent person’s caretakers; mobility challenged; medically challenged; those with limited transportation or struggling to afford/find childcare; evening/night/long-hours day workers/students. Those with minimal public voice access deserve remote public comment access on La Mesa City functions, policies, practices, regulations, operations, and business. Households with children, seniors and the disabled are over 50% of La Mesa residents. We deserve a voice louder than Hate Speech Mongers.
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
Mairs Ryan submitted a comment regarding remote public comment.
Christopher Glenn submitted a comment regarding remote public comment.
Wendy Mihalic submitted a comment regarding remote public comment.
Dianne Osterling submitted a comment regarding remote public comment.
Dianne Osterling spoke regarding remote public comment and government transparency.
Janet Castanos spoke regarding remote public comment.
Gene Carpenter spoke regarding remote public comment.
Miars Ryan spoke regarding remote public comment.
Gina Austin spoke regarding the sale of intoxicating hemp.
Wendy Mihalic spoke on behalf of Andy Trimlett regarding remote public comment.
Joseph Cryer spoke regarding remote public comment.
Laura Cazares spoke regarding remote public comment and the sale of intoxicating hemp.
Brenda Hammond spoke regarding colors.
6. CONFLICT DISCLOSURES
Public Comments:
There were no conflict of interest disclosures.
7. PUBLIC COMMENTS ON CONSENT CALENDAR
Public Comments:
Wendy Mihalic submitted a comment on Item 8.2.
Dianne Osterling spoke on Item 8.2 and 8.7.
8. CONSENT CALENDAR
Public Comments:
(Items 8.1 through 8.8)
Moved By
Councilmember Parent
Seconded By
Councilmember Dillard
Approve Consent Calendar Items 8.1 through 8.8.
For (5)
Mayor Arapostathis, Councilmember Shu, Councilmember Parent, Councilmember Dillard, and Vice Mayor Lothian Approved (5 to 0)
8.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING Public Comments:
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.
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
Resolution No. 2024-021
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 Resolution No. 2024-022
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 Resolution No. 2024-023
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
Resolution No. 2024-024
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
Resolution No. 2024-025
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
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:
Resolution No. 2024-026
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:
Resolution No. 2024-027
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
15. 2021-26 Charcoal House Staff PowerPoint Presentation.pdf
16. Charcoal House Appellant - Wyer PowerPoint Presentation.pdf 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.
Director of Community Development Santos provided a PowerPoint presentation regarding the project type and location, the history and background of the property's CUP authorizing performance entertainment, and the Planning Commission’s approval for the continuation of the CUP authorizing performance entertainment. Director of Community Development Santos explained the reason for the appeal and provided responses to the claims presented in the appeal. Director of Community Development Santos stated that staff recommends the Council uphold the Planning Commission's approval of Resolution PC-2023-07 for the continuation of the CUP authorizing performance entertainment at 9566 Murray Drive, known as the Charcoal House, thus denying the appeal.
Mayor Arapostathis opened the hearing for Item 9.1.
The following member of the audience spoke in opposition to the continuation of the CUP authorizing performance entertainment and in support of the appeal:
Gary Wyer, appellant
The following member of the audience spoke in support of the continuation of the CUP authorizing performance entertainment and in opposition to the appeal:
Steve Samir Mattia, applicant representative
Council questions and comments ensued.
Moved By
Councilmember Parent
Seconded By
Councilmember Shu
Close the hearing.
For (5)
Mayor Arapostathis, Councilmember Shu, Councilmember Parent, Councilmember Dillard, and Vice Mayor Lothian Approved (5 to 0)
Resolution No. 2024-028
Moved By
Mayor Arapostathis
Seconded By
Councilmember Dillard
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.
For (4)
Mayor Arapostathis, Councilmember Shu, Councilmember Parent, and Councilmember Dillard Against (1)
Vice Mayor Lothian
Approved (4 to 1)
10. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)
Public Comments:
The Mayor and Council reported on various outside boards, commissions and committee meetings they attended. No action was taken.
11. AB 1234 REPORTS (GC 53232.3 (d))
Public Comments:
There were no reports.
12. CITY ATTORNEY REMARKS
Public Comments:
There were no remarks.
13. ADJOURNMENT
Public Comments:
Mayor Arapostathis adjourned the meeting at 7:20 p.m.