City Council - April 23, 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 - VICE MAYOR LOTHIAN
Public Comments:
1.2 PLEDGE OF ALLEGIANCE
Public Comments:
2. REPORT FROM CLOSED SESSION
Public Comments:
City Attorney Sabine announced there were no reportable actions.
3. CITY MANAGER COMMENTS
Public Comments:
There were no comments.
4. 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.
5. ADDITIONS AND/OR DELETIONS TO THE AGENDA
Public Comments:
There were no additions or deletions to the agenda.
6. PRESENTATIONS
Public Comments:
6.1 CERTIFICATE OF RECOGNITION PRESENTED TO ZAIDA DONNELLY, HELIX CHARTER HIGH SCHOOL STUDENT, 2024 CALIFORNIA STATE SPEECH CHAMPION IN ORIGINAL ADVOCACY Public Comments:
Mayor Arapostathis presented Zaida Donnelly with a Certificate of Recognition for winning the 2024 California State Speech Championship for Original Advocacy.
6.2 PROCLAIMING JUNE 12, 2024 AS SAN DIEGO COUNTY FAIR DAY Public Comments:
Mayor Arapostathis presented the proclamation proclaiming June 12, 2024 as San Diego County Fair Day to Carlene Moore, CEO, Del Mar Fairgrounds 22nd District Agricultural Association.
6.3 PROCLAIMING MAY 15, 2024 AS LAW ENFORCEMENT OFFICERS' MEMORIAL DAY Public Comments:
This proclamation was rescheduled to the May 28th City Council meeting.
6.4 PROCLAIMING MAY 2024 AS WATER SAFETY MONTH
Public Comments:
Mayor Arapostathis presented the proclamation proclaiming May as Water Safety Month to Director of Community Services Richardson.
6.5 PROCLAIMING MAY AS BIKE MONTH
Attachments
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Public Comments
1. Bike Anywhere Day 2024 Poster.pdf
Mayor Arapostathis read the proclamation proclaiming May as Bike Month.
7. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
Public Comments
Dianne Osterling
Please reinstate 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.” However, the elimination of remote public comment access discourages disabled individuals’ participation in City Council and Commission Meetings by creating a barrier they did not have for the last 3 plus years.
The Americans with Disabilities Act requires government, among others, to provide reasonable accommodations to disabled. Quotes from the Americans with Disabilities (ADA) website:
• “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.” Some “Examples of Communication Aids and Services…Video remote interpreting…Captioning…Accessible electronic and information technology…similar services…” At the last council meeting a 30-year-wheelchair-bound resident described in person the physical process required for him to attend in person. He made 5 transfers, including getting himself downstairs, transferring between wheelchairs, a chairlift, and his vehicle. He stated he had to do the same thing, in reverse to get home. He described the physical burden, time burden, and physical damage to his body. He said that’s why remote public comment access is important to him.
If council believes they’re meeting their ADA obligations by claiming he can make a request for special accommodations 48-hours in advance of every council or commission meeting he (or other disabled individuals), wish to attend, council should reconsider. They provided remote public comment access for 3 plus years, with, “imperfect technology”, but technology good enough for functioning remote public comment access. “Imperfect” remote public access technology does not justify creating barriers for disabled individual’s participation.
The public deserves a voice. They deserve remote public comment access on La Mesa City functions, policies, practices, regulations, operations, and business. Households with children, seniors and disabled people are over 50% of La Mesa residents. Imperfect technology or not, reinstate remote public comment access to improve transparency, trust, and to comply with the Americans with Disability Act. 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.
Dianne Osterling spoke and submitted a comment regarding remote public comment.
Sue Mayberry spoke on the efforts of the Trauma Intervention Program (TIP) of San Diego County.
Brenda Hammond spoke on the east county cities and being kind to one another.
8. CONFLICT DISCLOSURES
Public Comments:
There were no conflict of interest disclosures.
9. PUBLIC COMMENTS ON CONSENT CALENDAR
Public Comments:
Dianne Osterling spoke on Item 10.2.
Dianne Osterling spoke and submitted a comment on Item 10.10.
10. CONSENT CALENDAR
Public Comments:
(Items 10.1 through 10.10)
*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 (Items 10.9 and 10.10) Councilmember Shu made comments on Item 10.10.
Moved By
Councilmember Shu
Seconded By
Mayor Arapostathis
Approve Consent Calendar Items 10.1 through 10.10.
For (5)
Mayor Arapostathis, Councilmember Shu, Councilmember Parent, Councilmember Dillard, and Vice Mayor Lothian Approved (5 to 0)
10.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING Public Comments:
Approve.
10.2 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD TUESDAY, APRIL 9, 2024 Attachments
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Public Comments
1. Post-Meeting Minutes - CCM_Apr09_2024.pdf
Approve.
10.3 RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER NO. 2 FOR THE CITYWIDE EDGELINE STRIPING PROJECT, BID 23-16, TO WGJ ENTERPRISES DBA PCI Attachments
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Public Comments
1. Staff Report_CCO2 TO WGJ ENTERPRISES FOR BID 23-16 CITYWIDE EDGELINE PROJECT 4-23-24.pdf
2. Attachment A - Resolution Bid 23-16 CO-2 .pdf
3. Attachment B - CCO-2 PCI.pdf
4. Fiscal Certificate WGJ CO-2.pdf
Resolution No. 2024-041
Adopt Resolution.
10.4 RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER NO. 1 FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR BID 24-04, LEMON AVENUE PARKING LOT TO DUDEK Attachments
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Public Comments
1. Staff Report _CCO1 to Dudek for Lemon Avenue Parking Lot Project 2024-04-23.pdf
2. Attachment A - Resolution Dudek Bid 24-04 CCO-1.pdf
3. Attachment B - CCO1 Dudek.pdf
4. Fiscal Certificate - Dudek CO-1.pdf
Resolution No. 2024-042
Adopt Resolution.
10.5 RESOLUTION ACCEPTING THE LA MESA BOULEVARD COMPLETE STREETS PLAN, SEGMENT 1 Attachments
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Public Comments
1. Staff Report - 2024-04-23 La Mesa Boulevard Complete Street Plan Segment 1 .pdf
2. Attachment A - Resolution LMBCSP Segment 1.pdf
3. Attachment B - LMBLVD Segment 1 CC Presentation.pdf
Resolution No. 2024-043
Adopt Resolution.
10.6 RESOLUTION APPROVING THE FIFTH AMENDED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM SAN DIEGO REGIONAL STORMWATER CO-PERMITTEES MEMORANDUM OF UNDERSTANDING Attachments
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Public Comments
1. Staff Report_Approving the Fifth Amended NPDES Stormwater Co-permitees MOU.pdf
2. Attachment A - Resolution.pdf
3. Attachment B - 2024 MOU 5th Amended_FINAL.pdf
Resolution No. 2024-044
Adopt Resolution.
10.7 RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE WATER RESOURCES BOARD FOR A STATE REVOLVING FUND LOAN FOR THE INFLOW AND INFILTRATION MITIGATION PROJECT PHASE 7 FOR A NOT-TO-EXCEED AMOUNT OF $7,000,000 Attachments
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Public Comments
1. Staff Report _Application to State Water Board Revolving Fund 2024-04-23.pdf
2. Attachment A - Resolution State Water Board Revolving Fund Application.pdf
3. Attachment B - Map.pdf
4. Attachment C - SRF Loan Payment Sheet.pdf
Resolution No. 2024-045
Adopt Resolution.
10.8 RESOLUTION ADOPTING A LOCAL ROAD SAFETY PLAN FOR THE CITY OF LA MESA Attachments
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Public Comments
1. Staff Report_RESOLUTION ADOPTING A LOCAL ROAD SAFETY PLAN 4-23-2024.pdf
2. Attachment A - Resolution LRSP Adoption.pdf
3. Attachment B - La Mesa LRSP Final Draft Update .pdf
Resolution No. 2024-046
Adopt Resolution.
10.9 *SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) ANNUAL ADJUSTMENT TO THE REGIONAL TRANSPORTATION CONGESTION IMPROVEMENT PROGRAM (RTCIP) DEVELOPMENT IMPACT FEE Attachments
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Public Comments
1. Staff Report_SANDAG ANNUAL ADJUSTMENT TO THE RTCIP DEVELOPMENT IMPACT FEE 4-23-2024.pdf
2. Attachment A - Resolution FY25 RTCIP Fee.pdf
RESOLUTION ADOPTING THE SANDAG ANNUAL ADJUSTMENT TO THE RTCIP DEVELOPMENT IMPACT FEE TO COMPLY WITH THE REQUIREMENTS OF SANDAG COMMISSION ORDINANCE 04-01 AND TRANSNET EXTENSION ORDINANCE AND EXPENDITURE PLAN Resolution No. 2024-047
Adopt Resolution.
10.10 *QUIMBY ACT PARKLAND DEDICATION IN-LIEU FEE AND PARK ACQUISITION AND IMPROVEMENT IMPACT FEE Attachments
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Public Comments
1. Staff Report_Park Impact Fees 2024-04-23.pdf
2. Attachment A - Resolution Park Impact Fees 2024.pdf
Dianne Osterling
A year, or more ago, one of the La Mesa City Commissions recommended the council modify how Quimby fees are apportioned. They recommended charging fees based on unit size. This would enable smaller units, more likely to be less expensive, to have a small share of the fees. This also makes sense because smaller properties are likely to have fewer people. Since there's been quite a bit of claim that fees are too high, and that's why it's so hard to build affordable housing for lower incomes, please consider readdressing this issue. I know Councilmember Colin Parent didn't support adjusting fees based on the size of properties, but maybe he’ll reconsider since he claims to be such an advocate for affordable housing, and developers can't build really affordable housing because of fees, environmental regulations, and other financial obstacles like Prop 13.
Dianne Osterling
A year, or more ago, one of the La Mesa City Commissions recommended the council modify how Quimby fees are apportioned. They recommended charging fees based on unit size. This would enable smaller units, more likely to be less expensive, to have a small share of the fees. This also makes sense because smaller properties are likely to have fewer people. Since there's been quite a bit of claim that fees are too high, and that's why it's so hard to build affordable housing for lower incomes, please consider readdressing this issue. I know Councilmember Colin Parent didn't support adjusting fees based on the size of properties, but maybe he’ll reconsider since he claims to be such an advocate for affordable housing, and developers can't build really affordable housing because of fees, environmental regulations, and other financial obstacles like Prop 13.
RESOLUTION APPROVING THE FINDINGS FOR THE QUIMBY ACT PARKLAND DEDICATION IN-LIEU FEE AND PARK ACQUISITION AND IMPROVEMENT IMPACT FEE AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 66000 ET SEQ. AND APPROPRIATING FUNDS FOR PROJECTS AS OUTLINED IN THE PARKS MASTER PLAN Resolution No. 2024-048
Adopt Resolution.
11. STAFF REPORT
Public Comments:
11.1 CONSIDERATION AND POSSIBLE APPROVAL OF THE CONCEPT DESIGN FOR PUBLIC ART: COLLIER PARK MURAL Attachments
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Public Comments
1. Staff Report_Approving Design for Public Art - Collier Park Mural.pdf
2. Attachment A - Collier Park Mural Concept Design.pdf
3. Collier Park Mural Design_PowerPoint.pdf
Director of Community Services Richardson provided a PowerPoint presentation on the proposed mural design for Collier Park, highlighting the location for the proposed mural, the City's policy for public art, and the design and theme of the proposed mural.
Council questions and comments ensued.
Dr. Karen Childress-Evans spoke on the importance of art and cultural projects and thanked the Council for supporting the work of the Arts and Culture Commission and advocating for the arts and culture for the City.
Council questions and comments continued.
Moved By
Mayor Arapostathis
Seconded By
Vice Mayor Lothian
Approve the concept design for the Collier Park public mural project.
For (5)
Mayor Arapostathis, Councilmember Shu, Councilmember Parent, Councilmember Dillard, and Vice Mayor Lothian Approved (5 to 0)
12. COUNCIL INITIATED
Public Comments:
12.1 CONSIDERATION OF RESOLUTION TO DEFEND HEALTH AND SAFETY SETBACK REGULATIONS (SENATE BILL 1137) AND ENDORSE THE CAMPAIGN FOR A HEALTHY AND SAFE CALIFORNIA - COUNCILMEMBER SHU Attachments
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Public Comments
1. CI.Shu.Campaign for a Healthy and Safe CA 2024-04-23.pdf
2. Attachment A - Resolution Campaign for a Healthy and Safe CA 2024-04-23.pdf Dianne Osterling
I support passing the resolution in support of upholding SB 1137 to support healthy communities. Often times those living closest to these type of hazards or individuals of lower income levels who have fewer options, and very little voice, or support. Let's support the environment for all.
Sofia Carrasco
Hello, my name is Sofia Carrasco. I am a high school student and member of Youth V. Oil and I am writing in support of item #12.1. As Californians and members of its diverse communities, it is critical that we ensure the right to clean air and healthy neighborhoods. Yet Big Oil continues to drill near the homes of two million people, and we are one referendum away from allowing these lethal amounts of air pollution to persist and increase the risk of childhood leukemia, asthma, birth defects, and cardiac diseases among citizens, the majority of whom are low-income and BIPOC. The health effects are undeniable, and as someone whose family has suffered the ramifications of a serious heart condition, I am staunchly against Big Oil’s undemocratic campaign and its attack on Californian’s health and safety. This includes youth, who are most vulnerable to developing air quality-related diseases. Passing our resolution and supporting these crucial setbacks would save lives along with setting the City of San Diego on a path to follow through with its climate goals, which it is responsible for and capable of. The San Diego and Encinitas City Councils have already signed onto our resolution unanimously and proudly, and we urge La Mesa to do the same. Our campaign consists of everyone from teenagers to seniors to pediatricians to parents, and I can assure you that every single one of us feels hope whenever we are supported by those who make a difference. We appreciate the work of this council and I thank you for your time.
Wendy Mihalic
I am writing to ask the LM City Council to join other cities in the County and pass a resolution in support of upholding SB 1137, a law that was passed in 2022.
We in California like to think of ourselves as a green state. In fact, we are the seventh-largest producer of crude oil in the US, and, as of January 2022, the third in crude oil refining capacity (1) Today, nearly 30,000 oil and gas wells in California are within 3,200 feet of homes, schools, hospitals and other sensitive areas, exposing over 2 million Californians to the most toxic emissions. Most of these toxic neighborhood oil and gas wells are in low-income communities, where people of color are disproportionately harmed. (2) None of us wants an oil well in our back yard or near our schools or hospitals. Some of us don’t have a choice.
SB 1137 marks an important step in moving California beyond oil and instead prioritizing the health and safety of Californians. Big Oil is spending big bucks on defeating this. Let’s show our community’s support for the health and safety of all Californians and resolve to uphold SB 1137.
I’d also like to add that as a long-time member of SanDiego350, I am very grateful to be part of a movement that has fostered and empowered youth to become climate leaders. I salute the Youth V Oil team for doing the hard work to help shape a sustainable future! Thank you
1. https://www.eia.gov/state/print.php?sid=CA
2. Campaign for a Safe and Healthy California
Debbie McDaniel-Lindsey
I'm writing on behalf of the Earth Care Ministry, La Mesa 1st United Methodist Church in support of the youth of our greater San Diego community. We urge your endorsement of their resolution to defend the health and safety setback regulations found in SB 1137. I talked to many teens and children at the LM Earth Fair this Saturday. Of all the information I presented at my table they wanted to hear and talk about the youth coming to the City Council on Tuesday about this issue. The passage of this law in 2022 was a statement that we listen to the science and understand we value the health of our younger generation and those to come. So let's move forward, not dig in our heels. The families and youth are listening and as those with the power to take a stand we all are counting on you. Respectfully, Debbie McDaniel-Lindsey, Chair
Earth Care Ministry, La Mesa First UMC
Taarika S
Hello, my name is Taarika Sethee and I live in the Encinitas neighborhood. I am a student and am writing in support of item #12.1. Children are more vulnerable to diseases caused by bad air quality because they spend more time outside, have immature/developing lungs, and breathe in more per body weight. Please support the resolution to protect our communities and fellow Californians. Thank you for your consideration :) Abby Deckert
Hello, my name is Abby Deckert and I'm the lead of the Youth v. Oil Campaign and a high school intern with SanDiego350. Protecting the health and safety of Californians is the bare minimum and the City of La Mesa has a responsibility to stand up to Big Oil and ensure safe and healthy neighborhoods. Californians should not have to face the risk of higher rates of childhood leukemia, birth defects, asthma, and more because of Big Oil’s greed. Neighborhood oil drilling here in CA also disproportionately affects low-income and BIPOC communities further endangering frontline communities. It is crucial we don't lose our essential progress to Big Oil's undemocratically produced referendum and that is why it is critical that the council passes Youth v. Oil's resolution pledging their support for keeping SB 1137. I appreciate this council and thank you all for your time.
Councilmember Shu explained the purpose for requesting the Council adopt the Resolution to defend health and safety setback regulations (Senate Bill 1137) and endorse the Campaign for a Healthy and Safe California.
The following members of the public submitted a comment or spoke in support of adopting the Resolution to defend health and safety setback regulations (Senate Bill 1137) and endorse the Campaign for a Healthy and Safe California:
Dianne Osterling
Sofia Carrasco
Wendy Mihalic
Debbie McDaniel-Lindsey
Abby Deckert
Mairs Ryan
Masada Disenhouse
Emma Weibel
Taarika Sethee
Abbie Darling
Council questions and comments ensued.
Resolution No. 2024-049
Moved By
Councilmember Shu
Seconded By
Councilmember Parent
Adopt Resolution.
For (4)
Mayor Arapostathis, Councilmember Shu, Councilmember Parent, and Councilmember Dillard Against (1)
Vice Mayor Lothian
Approved (4 to 1)
13. 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.
14. AB 1234 REPORTS (GC 53232.3 (d))
Public Comments:
There were no reports.
15. CITY ATTORNEY REMARKS
Public Comments:
There were no remarks.
16. ADJOURNMENT
Public Comments:
Mayor Arapostathis adjourned the meeting at 7:20 p.m.