LA MESA CITY COUNCIL
AGENDA
A Regular Meeting
Date: Tuesday, July 23, 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.
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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 3700 characters (approximately 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.
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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 - COUNCILMEMBER DILLARD
1.2 PLEDGE OF ALLEGIANCE
2. REPORT FROM CLOSED SESSION
3. CITY MANAGER COMMENTS
4. COMMUNITY BULLETIN REPORTS
5. ADDITIONS AND/OR DELETIONS TO THE AGENDA
6. PRESENTATIONS
6.1 CERTIFICATE OF RECOGNITION PRESENTED TO CHRIST
LUTHERAN SCHOOL FOR BEING AWARDED THE PLATINUM
PARENT CHOICE AWARD
6.2 2023 CLIMATE ACTION PLAN ANNUAL REPORT 1
7. 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.
8. CONFLICT DISCLOSURES
9. BOARD AND COMMISSION APPOINTMENTS
9.1 RESOLUTION APPOINTING AND/OR REAPPOINTING MEMBERS TO
CITY OF LA MESA BOARDS AND COMMISSIONS
31 Staff Reference: Ms. Wiegelman
Recommended Motion:
Appoint and/or reappoint members to fill the openings on the City's Boards and Commissions, and adopt Resolution confirming the appointments and/or reappointments.
10. 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.
11. CONSENT CALENDAR
(Items 11.1 through 11.11)
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 11.1 through 11.11.
11.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT
OF ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Recommended Motion:
Approve.
11.2 RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL
SERVICES BETWEEN THE CITY OF LA MESA AND IPS GROUP
PARKING & TELECOMMUNICATIONS AND APPROPRIATING
$35,000 FROM THE DOWNTOWN PARKING FUND RESERVE TO
THE FISCAL YEAR 2024-2025 BUDGET
39 Staff Reference: Mr. Dedmon
Recommended Motion:
Adopt Resolution.
11.3 RESOLUTION AUTHORIZING THE HIRING OF A RETIRED
ANNUITANT PURSUANT TO GOVERNMENT CODE SECTIONS
7522.56 AND 21221(h)
67 Staff Reference: Ms. Spaniol
Recommended Motion:
Adopt Resolution.
11.4 INTRODUCTION AND FIRST READING OF AN ORDINANCE
AMENDING TITLE 24 (ZONING) OF THE LA MESA MUNICIPAL
CODE
77 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA
AMENDING THE LA MESA MUNICIPAL CODE TO ADD A NEW
SECTION 24.05.020(A)(6) TO AUTHORIZE BY-RIGHT APPROVAL
FOR PROJECTS WITH 20% AFFORDABLE UNITS ON REUSE SITES
AS DEFINED PURSUANT TO GOVERNMENT CODE SECTION
65583.2 AND IN COMPLIANCE WITH THE 6TH CYCLE HOUSING
ELEMENT, IMPLEMENTATION PROGRAM 8
Staff Reference: Ms. Santos
Recommended Motion:
Approve the introduction and first reading of the Ordinance.
11.5 INTRODUCTION AND FIRST READING OF AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LA MESA, CALIFORNIA,
RELINQUISHING ENFORCEMENT AUTHORITY OF THE
MOBILEHOME PARKS ACT TO THE CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT
110
Staff Reference: Ms. Santos
Recommended Motion:
Approve the introduction and first reading of the Ordinance.
11.6 RESOLUTION AUTHORIZING THE ACCEPTANCE AND
APPROPRIATION OF A GRANT FROM THE CALIFORNIA HIGHWAY
PATROL TO CONDUCT A LOCAL TRAFFIC SAFETY PROGRAM FOR
DUI ENFORCEMENT BY APPROVING THE ADDITION OF THE
GRANT FUNDS TO THE FISCAL YEAR 2024-2025 BUDGET
119
Staff Reference: Chief Sweeney
Recommended Motion:
Adopt Resolution.
11.7 RESOLUTION AUTHORIZING THE ACCEPTANCE AND
APPROPRIATION OF THE FISCAL YEAR 2023 STATE HOMELAND
SECURITY GRANT PROGRAM (SHSGP) - URBAN AREA SECURITY
INITIATIVE (UASI) GRANT OF $96,444
137
Staff Reference: Chief Koch
Recommended Motion:
Adopt Resolution.
11.8 RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE FISCAL YEAR 2023 STATE HOMELAND SECURITY GRANT PROGRAM
(SHSGP) GRANT OF $36,940 FOR TERRORISM PREPAREDNESS
184
Staff Reference: Chief Koch
Recommended Motion:
Adopt Resolution.
11.9 RESOLUTION REJECTING BID NO. 25-02, INFLOW AND
INFILTRATION MITIGATION PHASE 6 SEWER PROJECT
205
Staff Reference: Mr. Throne
Recommended Motion:
Adopt Resolution.
11.10 RESOLUTION AUTHORIZING A TASK ORDER TO PARSONS
TRANSPORTATION GROUP, INC. FOR STAFF AUGMENTATION
SERVICES
208
Staff Reference: Mr. Throne
Recommended Motion:
Adopt Resolution.
11.11 RESOLUTION TO AWARD BID 25-04, TYPE B ASPHALT
CONCRETE, TO SUPERIOR READY-MIX CONCRETE AND MARTIN
MARIETTA
213
Staff Reference: Mr. Throne
Recommended Motion:
Adopt Resolution.
12. ORDINANCE: FIRST READING
12.1 CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LA MESA ADDING LA MESA MUNICIPAL CODE
CHAPTER 10.30 REGULATING THE RESIDENTIAL STORAGE OF
FIREARMS
220
Council Ad Hoc Subcommittee: Councilmember Dillard and
Councilmember Shu
Recommended Motion:
Approve the introduction and first reading of the Ordinance.
13. WRITTEN COMMUNICATION
13.1 LETTER FROM THE LEAGUE OF CALIFORNIA CITIES REQUESTING
THE DESIGNATION OF A VOTING DELEGATE AND ALTERNATE
FOR THE ANNUAL LEAGUE CONFERENCE, OCTOBER 16
THROUGH OCTOBER 18, 2024, IN LONG BEACH, CALIFORNIA
226
14. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)
15. AB 1234 REPORTS (GC 53232.3 (d))
16. CITY ATTORNEY REMARKS
17. ADJOURNMENT
DATE: July 23, 2024
TO: Mayor and Members of the City Council
FROM: Hilary Ego, Environmental Sustainability Manager
VIA: Greg Humora, City Manager
SUBJECT: 2023 Climate Action Plan Annual Report
In March 2018, City Council approved the Climate Action Plan (CAP), which charts a course to reduce community-wide greenhouse gas (GHG) emissions. The City of La Mesa prepared the CAP and established targets consistent with State goals and guidance. The CAP provides a roadmap by which La Mesa can reduce its contributions of GHG emissions in energy, transportation and land use, solid waste, water, and green infrastructure. The CAP requires Annual Reports and an update to City Council on CAP progress. A progress report to City Council occurs every six months.
The City of La Mesa’s 2023 CAP Annual Report (Attachment A) contains a high-level overview of accomplishments since the City Council adopted the CAP. More details on each measure are outlined in the 2023 CAP Annual Report Appendix to document additional implementation details on a measure-by-measure basis to track progress (Attachment B).
Attachments: A – 2023 Climate Action Plan Annual Report B – 2023 Climate Action Plan Annual Report Appendix
2023
ANNUAL
REPORT
CITY OF LA MESA
CLIMATE ACTION PLAN
TABLE OF CONTENTS
L E T T E R F R O M T H E M A Y O R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
G E T T O K N O W L A M E S A ' S C L I M A T E A C T I O N P L A N C A P U P D A T E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A B O U T T H E 2 0 2 3 A N N U A L R E P O R T . . . . . . . . . . . . . . . . . . . . . . .
G R E E N H O U S E G A S I N V E N T O R Y U P D A T E . . . . . . . . . . . . . . .
P R O G R E S S U P D A T E S B Y S T R A T E G Y
E N E R G Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
T R A N S P O R T A T I O N & L A N D U S E . . . . . . . . . . . . . . . . . . . . . . . .
S O L I D W A S T E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
G R E E N I N F R A S T R U C T U R E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
W A T E R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E D U C A T I O N & O U T R E A C H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 0 2 4 P R I O R I T I E S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
P A G E 2
P A G E 3
P A G E 4
P A G E 5
P A G E 5
P A G E 6
P A G E 8
P A G E 1 0
P A G E 1 2
P A G E 1 4
P A G E 1 6
P A G E 1 8
LETTER FROM THE MAYOR
Dear La Mesa Community,
As we reflect on 2023, I would like to take a moment to highlight the significant strides made by the City of La Mesa in advancing our Climate Action Plan (CAP) goals. With the adoption of the CAP in 2018, City staff, City Council, and the community of La Mesa have worked diligently to put our plan into action. The City Council adopted the CAP as a qualified greenhouse gas (GHG) reduction plan under California Environmental Quality Act (CEQA) Guidelines Section 15183.5 (Tiering and Streamlining the Analysis of Greenhouse Gas Emissions). The CAP also supports GHG reduction goals set in State laws and plans. As we progress toward a sustainable future, we recognize that achieving environmental sustainability requires a holistic approach spanning multiple sectors, with continuous collaboration between City staff and residents.
The 2023 CAP Annual Report showcases La Mesa’s progress and achievements this past year, highlighting efforts in energy, transportation and land use, solid waste, water, and green infrastructure. In 2023, the City significantly increased CAP-related community engagement, focusing on youth outreach, staff education, bike workshops, and the launch of the Litter Free La Mesa Community Cleanup events. As a testament to CAP implementation efforts, the City received the SANDAG Diamond Award Platinum Level and I Love a Clean San Diego Community Collaboration awards. Moreover, staff was recognized as a Climate Science Alliance 2023 Climate Adaptation Leader. In 2024, the City will be updating the original Climate Action Plan to enhance our goals and strategies in support of a healthy, equitable, thriving La Mesa community, using community input gathered through 2023 CAP update workshops and surveys.
The fifth CAP Annual Report is a testament to our collective efforts and should serve as a source of inspiration for continued work. I am immensely proud of what we have accomplished together, and I eagerly anticipate witnessing the continued growth of La Mesa as a sustainable community. Let us remain steadfast in our commitment to addressing climate change and preserving our environment for generations to come. 2 0 2 3 C L I M A T E A C T I O N P L A N A N N U A L R E P O R T P A G E 2
TRANSPORTATION
AND LAND USE
SOLID
WASTE
GREEN
INFRASTRUCTURE
ENERGY WATER
The growth highlighted in this report represents the diligence, resiliency, and partnership by many within the City, community, and its partners. Some of these groups include the Environmental Sustainability Commission (ESC), a commission made up of local experts, key stakeholders, CivicSpark and CollegeCorps Fellows, and residents. Additionally, within the City, there is the CAP Implementation Team, consisting of subject-matter experts from every department across the City.
As a whole, the City is creating a resilient community and moving the CAP forward while adjusting to policies that require prioritization.
CAP Co-Benefits:
Air Quality
GET TO KNOW THE
LA MESA CLIMATE ACTION PLAN
In 2018, La Mesa City Council adopted its first Climate Action Plan (CAP) and outlined a roadmap to reduce community-wide greenhouse gas (GHG) emissions by 53% by 2035 from the 2010 baseline. To accomplish this goal, the CAP outlines 23 measures and key actions to guide the City’s progress.
Additionally, in February 2021, the La Mesa City Council adopted a Climate Emergency Resolution and Climate Emergency Resolution Response in January 2022. This reaffirmed the City’s commitment to climate action and supports existing CAP implementation efforts. The City continues to implement the actions included in the Resolutions through youth engagement, increased focus on climate equity, participate in regional efforts, interdepartmental collaboration, host university interns, and more.
Implementing the CAP also provides co-benefits that improve the quality of life for the La Mesa community.
Climate Action Plan Strategies:
2 0 2 3 C L I M A T E A C T I O N P L A N A N N U A L R E P O R T P A G E 3 Resiliency Livability
Public Health & Safety Jobs & Economy
Reduce Cost of Living
STATUS OF THE
CLIMATE ACTION PLAN UPDATE
October Workshop at Helix
High School Library
May Workshop at the
Adult Enrichment Center
Spring: Finalizing Draft
Summer: Public Comment
Fall: Final Version Released
2022
Kickoff
2023 2024
Outreach,
Engagement, and
Drafting
As specified by the current Climate Action Plan, the City will amend the CAP 5 years after adoption to adjust targets and re-evaluate priorities. In 2022 the City kicked off the Climate Action Plan update and began working with consultants to adjust greenhouse gas emission projections and targets to be consistent with the State, and to update measures and key actions. Progress in the CAP Update continued in 2023 as City staff began drafting CAP measures with the consultant.
2 0 2 3 C L I M A T E A C T I O N P L A N A N N U A L R E P O R T P A G E 4 City staff are working to address environmental equity across all categories through emphasizing the cobenefits of CAP actions in the CAP update. This has been an ongoing effort in collaboration with the La Mesa Environmental Sustainability Commission. 1st CAP Update Workshop
Board & Commission Working Group
2nd CAP Update Workshop
Juneteenth & Friends Jubilee
Adult Enrichment Center
DATE PARTICIPANTS
5/3/23
6/18/23
11/9/23
10/18/23
10/25/23
34 20
8 41
21 5/11/23 35 City Staff Update Workshop
EVENT
SURVEYS
49 Responses:
217
Responses:
1ST SURVEY
2ND SURVEY
COMMUNITY AND STAFF ENGAGEMENT
425
Total People
Engaged:
<1% Wastewater
Transportation
Electricity
Natural Gas
Solid Waste
1% Water
2%
18%
21%
58%
In accordance with La Mesa’s 2018 CAP, the City has
published annual reports and presents 6-month updates
to City Council twice a year. This Annual Report provides updates on its CAP measures and actions and identifies
priorities moving forward.
This Annual Report includes the most recent available
GHG emission inventory data from the San Diego
Association of Governments (SANDAG) ReCAP, relevant
updates, and project highlights. More detailed information on each measure within the CAP can be found in the
Appendix on the City’s Climate Action Plan webpage.
The City endeavors to keep residents involved, engaged, and informed about the progress the City is making
towards its CAP and towards reaching the City’s goal of reducing community-wide GHG emissions.
In partnership with SANDAG, the City receives GHG inventories from SANDAG and includes the best available GHG inventory data in annual reports. The City has received GHG inventory updates for 2016 and 2018 and has seen a decrease in community-wide emissions, 10.93% below the 2010 baseline. The 2020 snapshot was received in early 2023 and is unique as the global pandemic had impacts on daily activities. The 2020 GHG inventory is based on the best available data for electricity, natural gas, solid waste, water, and wastewater, but excludes on-road transportation because SANDAG’s activity-based model (ABM) could not account for the effects of COVID-19 on
ABOUT THE ANNUAL REPORT
GREENHOUSE GAS EMISSIONS INVENTORY
Vehicle Miles Traveled (VMT).
San Diego region-wide peak period highway
travel was observed to be down 16.7% in 2020
from 2019, but remains the largest contributor of
GHG emissions. Seen here, transportation
accounts for the majority of La Mesa's GHG
emissions, followed by electricity and natural gas.
2 0 2 3 C L I M A T E A C T I O N P L A N A N N U A L R E P O R T P A G E 5
SDCP SDGE YOU
2023 OPT-UPS
TO POWER100
ACCOUNTS
95.4%
18 28,005
PARTICIPATION
RATE
San Diego Community Power (SDCP)
provides renewable electricity to
residents and businesses through
PowerOn (55%) and Power100 (100%).
All municipal electricity accounts are
powered by Power100. Throughout
2023, SDCP remained engaged with
La Mesans at community events,
helping them understand their
electricity bills. The City continues to
partner with SDCP on developing
community programs.
ENERGY
743
Solar Permits Issued
10%
Increase
from 2022
4.8 MW of Solar Installed
78 Battery Storage
Permits Issued
DIY ENERGY SAVING &
SUSTAINABILITY TOOLKIT
The City continues to encourage residents to monitor
energy use at home through the DIY Energy Saving and
Sustainability Toolkit program.
In 2023 there were 26 toolkits checked out by residents.
The City seeks feedback through the toolkit survey and will continue to share the toolkit at events and on social media. 2 0 2 3 C L I M A T E A C T I O N P L A N A N N U A L R E P O R T P A G E 6
8.5%
Increase
from 2022
26%
Increase
from 2022
ENERGY
GRANTS
The City supported the La Mesa Park and Recreation
Foundation, who received $34,500 from the Community
Clean Energy Innovation Grant Program awarded by
SDCP. The Foundation used the funds to supply the La
Mesa Community Garden and Public Works Department
with electric leaf blowers, hedgers, and trimmers,
replacing small gas powered engines for use at
educational workshops and within La Mesa Parks.
Municipal Natural Gas Usage (Therms)
49,332 22,524
2021
2022
In 2023 the City of La Mesa increased its natural gas usage from the previous year due to repairs at the municipal pool being completed. Overall usage in 2023 was 33% less than 2021. Since March 2021 all municipal accounts use 100% renewable electricity through Power100.
MUNICIPAL ENERGY USAGE
Municipal Electricity Usage (kWh)
3.68M
LA MESA COMPREHENSIVE ENERGY PROGRAM
CALGREEN BUILDING CODE & ENERGY CODE
In 2023, the City kicked off the Energy Services Company (ESCO) Project, selecting ENGIE to implement a comprehensive energy program that will include projects for energy efficiency, onsite renewable energy and battery storage, and electric vehicle charging infrastructure for City fleet vehicles at City facilities.
The City continued to implement Chapter 14.13 “Green Building Code” of the La Mesa Municipal Code, which adopts the 2022 California Green Building Standards Code as the minimum standard.
Additionally, the City continued to implement the 2022 California Energy Code and participate in the the California Statewide Codes & Standards Program, Reach Codes Subprogram.
Reduce energy
consumption from
municipal operations by
248,000 kWh and 2550
therms by 2035
Identify
opportunities to
install renewable
energy and battery
storage
Expand municipal
EV charging
infrastructure
2023
33,354
2023
3.70M 3.74M
2021
2022
2 0 2 3 C L I M A T E A C T I O N P L A N A N N U A L R E P O R T P A G E 7
TRANSPORTATION &
LAND USE
New HAWK signal at
El Cajon Blvd. at Jesse Ave.
ACTIVE TRANSPORTATION & VISION ZERO
The City was awarded a Smart Growth Incentive Program (SGIP) grant from SANDAG to prepare a Complete Streets Integrated Design Manual. The Manual was published in 2023 and provides a toolbox of engineering elements, making it easier to implement Smart Growth policies on future projects requiring street and sidewalk improvements, ensuring all types of road users are safely accommodated.
La Mesa has been a Vision Zero City since 2018, aiming to eliminate traffic fatalities and increase safety and accessibility for all road users, including pedestrians and bicyclists.
In 2023, the City completed construction of its first High-intensity Activated CrossWalk (HAWK) at the intersection of El Cajon Blvd. and Jesse Ave. to address a gap in pedestrian crosswalks along the corridor and provide a safe place for pedestrians to cross the street.
TRANSPORTATION GRANT HIGHLIGHTS
The City of La Mesa applied to and was awarded a $400,000 Sustainable Communities grant from the State of California to prepare a Complete Streets Plan for La Mesa Boulevard from Jackson Drive, under the I-8 freeway, and connecting to Grossmont Center Drive. La Mesa Boulevard Complete Streets Plan Segment 2 kicked off in January 2023 and included multiple community engagement opportunities throughout the year to involve residents in the corridor redesign. Presentation of the draft plan will occur in early 2024.
2 0 2 3 C L I M A T E A C T I O N P L A N A N N U A L R E P O R T P A G E 8 Total Miles of
Sidewalk in La Mesa
*No increase since 2022
61 Miles of Bike Lanes
in La Mesa
*No increase since 2022
277
La Mesa Walks
Participants
59.57 % increase from 2022
For Planning
Pedestrian and Bike
Improvements
$82K
600
PUBLIC TRANSIT
SAN DIEGO COUNTY BICYCLE COALITION PARTNERSHIP
TRANSPORTATION & LAND USE
TRANSIT-ORIENTED DEVELOPMENT
In 2023, The City of La Mesa launched the free bicycle
education series in collaboration with San Diego County Bicycle Coalition. The 2023-2024 series includes 10 in-person and virtual classes to teach residents about rules of the road, traffic laws, bike maintenance, bike and helmet fitting, electric bikes (e-bikes), skills drills, lane positioning, commuting to work, biking to school, and more.
SANDAG SUSTAINABLE TRANSPORTATION SERVICES PROGRAM UPDATES Diamond Award
Bike Anywhere Day
60 visitors at City of La Mesa Pit Stop
Clean Air Day
E-bike Test Ride with City staff
Public Works Bike Maintenance Event
La Mesa has 7 bus routes and 5 trolley stations that connect residents to the major areas in the San Diego region.
The City continues to promote the Pronto app and the Youth Opportunity Pass program, which offers riders 18 years and under free transit passes.
Transit-Oriented Development (TOD) refers to residential development within walking distances of transit and other services, lessening the need for personal vehicle trips. In 2023, three TOD projects were completed. Construction progressed on three TOD project at 8181 Allison Avenue, 8234 University Avenue, and 7385 Colony Drive.
ELECTRIC VEHICLES AND MUNICIPAL FLEET
In 2023, the City acquired another full-electric vehicle, bringing the fleet to a total of 3 electric vehicles to be used by City staff. Municipal fuel use continues to be monitored for reporting and to identify potential fuel and GHG savings.
2 0 2 3 C L I M A T E A C T I O N P L A N A N N U A L R E P O R T P A G E 9 27 Residential EV Charger
Permits Issued
Newly Permitted
Commercial EV
Charging Ports
20 All-Electric Vehicles
in City fleet
3 Municipal Fuel Use
in Gallons & MT CO2:
Gasoline: 61,947.1
Diesel: 16,093.5
GHG: 551 MT
GHG: 164 MT
S T O R E S C O M M U N I T Y
F O O D R E C O V E R Y
L O C A T I O N S
CITYWIDE ORGANICS RECYCLING IMPLEMENTATION
In collaboration with I Love a
Clean San Diego, the City rolled
out organics and recycling
sorting stations and signage at 23 Helix High School
VOUCHERS ISSUED FOR THE
COMPOST BIN VOUCHER PROGRAM
SB 1383 requires specified large food generators to recover edible food that would otherwise go to waste. In July 2023, the City contracted with consultant Solana Center for Environmental Innovation to provide assistance to food recovery organizations and Tier 1 commercialfood generators, which includes supermarkets.
What Happens to your Organic Waste?
Food scraps, food-soiled paper, & yard waste placed in curbside green organic waste carts EDCO transports the organics to an anaerobic digester facility Bacteria breaks down organic matter without oxygen—the final product being digestate (like compost) and renewable natural gas
Diverting food from landfill reduces methan emissions (GHG ~75% as potent as CO2) EDCO and the City worked to roll out organics recycling services to all La Mesa businesses and multi-family housing in March 2023. To encourage maximum participation in the residential organics collection program, EDCO offers free kitchen caddies to residents. Multi-family residents can request kitchen caddies from their property management, and single-family residents can request one directly from EDCO.
SOLID WASTE
RECYCLING COMPLIANCE
As part of Senate Bill (SB) 1383 (Mandatory Organics Recycling) and Assembly Bill (AB) 341 (Mandatory Recycling), all single family homes, multi-family residential dwellings, and commercial businesses are required to subscribe to recycling and organics recycling as of January 2022. This supports La Mesa’s CAP goal to divert 75% of waste from the landfill by 2035.
CITYWIDE DIVERSION RATE WASTE COLLECTED BY EDCO COMPLIANCE RATES 27% 55,400 Tons
0.5% increase from 2022 4.2% increase from 2022 Residential & Commercial Compliance 2 0 2 3 C L I M A T E A C T I O N P L A N A N N U A L R E P O R T P A G E 1 0
99.7%
EDIBLE FOOD RECOVERY & PROCUREMENT
SB 1383 sets high procurement targets of recovered organic waste for each California city. La Mesa procures mulch and renewable gas, or RNG, which comes from collected organic waste processed at EDCO’s facility.
8 340
1089
lbs of litter
removed
236
VOLUNTEERS
Household Hazardous
Waste (HHW) Events
Cubic Yards of
Free Mulch Provided
to the Community
17,300
Pounds of
Paper Shredded
6 EVENTS
In collaboration with I Love a Clean San Diego (ILACSD), the City of La Mesa launched the Litter Free La Mesa Community Clean-Up Series, funded by American Rescue Plan Act (ARPA) grant funds, to reduce trash in La Mesa while enhancing environmental awareness and stewardship amongst residents and businesses. The program utilizes volunteers to safely beautify the community and keep litter from entering our waterways that lead to the ocean.
SOLID WASTE EVENTS
LITTER FREE LA MESA CLEANUP SERIES
SOLID WASTE
2 0 2 3 C L I M A T E A C T I O N P L A N A N N U A L R E P O R T P A G E 1 1
WATER REFILL STATIONS
In 2023, the City used grant funding from CalRecycle to purchase and install water refill stations at City facilities and encourage reusing water bottles instead of drinking out of single-use plastic bottles for City staff and public use.
877 Participants 400 Participants
La Mesa has been a Tree City USA for 44 years. Through the 2019 CALFIRE Grant, the City inventoried trees, conducted outreach, and planted trees in public spaces. The City continues to look into best practices for maintaining and growing the urban forest. 10,037
Public Trees
Maintained by the City
155
Trees Planted in 2023
260% Increase
from 2022
The City’s Urban Forest Management Plan (UFMP) was adopted in 2022 and continues to be implemented and utilized by the City as it maintains and grows its urban tree canopy.
LA MESA’S URBAN TREE CANOPY
GREEN INFRASTRUCTURE
AWARDS AND RECOGNITION
The City received its 44th designation as a Tree City USA by the Arbor Day Foundation, recognizing the efforts by City staff to maintain the existing urban tree canopy throughout La Mesa.
Additionally, La Mesa was awarded the Tree Growth Award for 2023, commending the City’s commitment to expanding its tree canopy, repurposing urban trees, educating residents, and hosting staff trainings.
URBAN FOREST MANAGEMENT PLAN
2 0 2 3 C L I M A T E A C T I O N P L A N A N N U A L R E P O R T P A G E 1 2
3 8 1 1 4 + 1 0 0 + 1 0 7 5 +
Garden Beds
In Use
Garden Participants Volunteers Workshops Workshop
Participants
RENOVATIONS AND NEW DEVELOPMENT
Renovations for Collier Park continued in 2023. These updates include low-water and native vegetation, stormwater
capturing bioswales, a nature-themed play area, and new trees in the parking lot. Collier Park opens in 2024.
LA MESA PARK AND RECREATION FOUNDATION
GREEN INFRASTRUCTURE
C O M M U N I T Y G A R D E N
E V E N T S
La Mesa
Earth Day Festival Park Appreciation Day Tree Steward Training 2 0 2 3 C L I M A T E A C T I O N P L A N A N N U A L R E P O R T P A G E 1 3 In 2023, an environmental initial study was prepared for the design of the future park at Waite Drive. The study
accompanied the Master Plan Report, approved in October 2023, which provides guidance on funding, park construction, and park operations.
Students attended the student
education program about water
hosted by Helix Water District
This amounts to savings of 337 thousand
gallons of water per year and 10.1 million
gallons over the lifetime of a grass lawn.
1 WATER
2 0 2 3 C L I M A T E A C T I O N P L A N A N N U A L R E P O R T P A G E 1 4
WATER CONSERVATION
La Mesans used on
average
86.3 gallons of water a day
10%
Decrease
from 2022
Grass Turf Replacement
8,682 sq ft
of turf was replaced
in 2023
WATER CONSERVATION
217
827
132
Students attended I Love A Clean
San Diego’s presentations about
stormwater and watersheds
La Mesa residents participated in
in-home water use evaluations by
Helix Water District
Water device rebates were given
to residents through Helix Water
District
PURE WATER PROJECT
Phase 1 of the project, which includes
construction of pipelines, pump stations, and
treatment facilities, continued in 2023. When
completed, the project convert 83 million
gallons of wastewater into potable drinking
water each day for the San Diego Region.
WATER FACT SHEETS
Indoor and outdoor water conservation fact sheets
continue to be available at City events to help residents learn how to save water, lower their water bill, and be aware of rebates and incentives.
In 2023, all City Facilities used
50,910,376
gallons of water
When it rains, water flows over parking lots, streets, and other impermeable surfaces, collecting everything from cigarette butts to motor oil, washing them into the storm drain. Everything that washes into a storm drain eventually ends up in lakes, rivers, creeks, and the ocean because storm drains are not connected to treatment systems.
EVENTS AND EDUCATION
1.Pick up after your pet
2.Minimize fertilizers
3.Store chemicals in a safe pace
4.Dispose of unwanted chemicals at HHW Events
5.Eliminate over-irrigation of landscape
6.Recycle used motor oil & antifreeze
New bioswale at Collier Park
Participants at the
Native Landscaping
Workshop
37 Construction began on the
new demonstration
garden at La Mesa City Hall.
Landscape Improvements
include drought tolerant
plants and a rain barrel to
use roof runoff
Inspected private construction projects’ Best Management Practices Provided stormwater information to the community through park kiosks
STORMWATER PROJECTS
WATER
2 0 2 3 C L I M A T E A C T I O N P L A N A N N U A L R E P O R T P A G E 1 5 WHAT IS STORMWATER POLLUTION?
Participants at the
Rainwater Collection
Workshop
80 Keeping our Watersheds
Clean Education Events
In partnership with I Love a Clean San
Diego, the City of La Mesa kicked off
the Litter Free La Mesa Community
Cleanup Series, hosting volunteer trash
clean-up events around La Mesa to
keep our watershed clean.
BEST MANAGEMENT PRACTICES
In 2023, the City:
Conducted 136 FOG (fats, oil, grease) checks for restaurants Inspected 136 restaurants for stormwater compliance
STORMWATER
LEADS TO OUR
OCEANS
To reduce stormwater pollution, City staff, developers, contractors, businesses, and residents are required to implement Best Management Practices (BMPs). BMPs include but are not limited to:
107 Total Social Media Posts
Helix High School
student participation in
CAP Update Workshop
Presentation to Youth
Advisory Commission
about the CAP
Presentation to Helix
AP Environmental
Class
46,772 Accounts Reached
38 EVENTS
1712
PARTICIPANTS
Community Engagement is integral to La Mesa’s CAP, and
the City is always looking for more ways to connect with the community, both virtually and in person.
COMMUNITY EVENTS
2 0 2 3 C L I M A T E A C T I O N P L A N A N N U A L R E P O R T P A G E 1 6
YOUTH ENGAGEMENT
As part of the Climate Emergency
Resolution, the City has increased
youth outreach by partnering with
Helix Charter High School for classes,
workshops, and organics recycling
rollout, and by presenting to the
Youth Advisory Commission. The
CAP team also supports the new
Helix Charter High School Office of
Sustainability, attending meetings
and advising students projects.
EDUCATION AND OUTREACH
CAP SOCIAL MEDIA ENGAGEMENT
E-Bike Test
Ride Event
7 Certified Green
Businesses
27 Members of the La Mesa
Green Business Network
Recycling Training at
Employee Events
STAFF TRAININGS
2 0 2 3 C L I M A T E A C T I O N P L A N A N N U A L R E P O R T P A G E 1 7 The La Mesa Green Business Network (GBN) was launched in August 2022 with the goal of promoting environmentally-friendly business practices and supporting the City’s Climate Action Plan (CAP).
EDUCATION AND OUTREACH
The CAP is interdisciplinary in nature,
and the City continues to engage with
City Staff through interactive events
and trainings to ensure that CAP
measures are considered in all City
projects and programs and support
the Climate Emergency Resolution.
EXPANSION OF THE LA MESA
GREEN BUSINESS NETWORK
As part of the La Mesa Green Business Network, the City offers a local green business certification program—free of cost—to La Mesa businesses through a partnership with the San Diego Regional Green Business Network. Through the GBN, businesses are provided with free sustainable resources, educational events, a monthly GBN newsletter, and opportunities to network. 2023 MILESTONES
Launch of the Green Business Network Monthly Newsletter Creation of the Green Business Network Program Sustainability Guide California
Clean Air Day
The City of La Mesa continued to participate in the CivicSpark program, hosting two new fellows in September after the previous cohort finished their term in July. The City also welcomed their second cohort of College Corps Fellows from the University of San Diego, hosting three new fellows in September to work on additional CAP projects.
Citywide Organics Recycling
La Mesa Green Business Network
La Mesa Earth Day Kids Zone
Tree Planting Projects
Transportation Demand Management
Electric Vehicles
CAP Annual Report
Comprehensive Energy Program
Bicycle Education Events
Expand Alternative Fueling
Options
Bicycle Education Classes
Organic Waste Education and
Implementation at La Mesa Schools
College Corps
CivicSpark '22 - '23
CivicSpark '23 - '24
CIVICSPARK & COLLEGE CORPS FELLOWS
2024 PRIORITIES
Climate Action Plan Update
Comprehensive Municipal
Energy Program
La Mesa Complete Streets
Segment 2
Tree Steward Training
New City Hall Landscape
Demonstration Garden
Rainwater Collection
Workshop
Edible Food Recovery
Program
And More!
2 0 2 3 C L I M A T E A C T I O N P L A N A N N U A L R E P O R T P A G E 1 8 Fellow projects include:
WE ARE IN THIS TOGETHER
The City of La Mesa is committed to addressing
climate change and fostering a sustainable and
resilient community for generations to come.
[email protected]
2023 Climate Action Plan Annual Report Appendix
ID Measure Description 2020 Target 2035 Target Status 2023 Updates Energy
E-1
Building Retrofit Program
Reduce residential and
commercial energy use
Reduce electricity
consumption by 36.4 million
kWh/yr.
Reduce natural gas
consumption by 260,000
therms from the 2010
baseline
Reduce electricity
consumption by 91.6
million kWh/yr. from the
2010 baseline
Reduce natural gas
consumption by 962,500
therms from the 2010
baseline
On-Track
Education and Outreach
• In September 2019, the City launched the DIY Energy and Sustainability Toolkit. The DIY Toolkit gives residents the tools and resources they need to complete an at home DIY energy audit. The toolkit contains no-cost giveaways including showerheads, LED light bulbs, and weather stripping, and teaches users the importance of energy, water, and waste efficiency. In 2023, 26 residents checked out a toolkit, and over 120 toolkits have been checkout since the toolkit was launched.
• The Toolkit program was made possible thanks to a grant from SDG&E’s Emerging Cities program and in October 2020, the City received an additional $29K to replenish toolkit supplies and increase education and outreach. This included two videos and social media posts about an updated sanitized and contactless checkout process and resident testimonial.
• The City seeks feedback through the toolkit survey and continues to update the website to include information and resources to encourage energy conservation efforts and promote rebate and incentive programs.
E-2
Shade Tree Program
Develop a shade tree program
250 new shade trees
planted
1,575 new shade trees
planted On-Track
Community Forestry Plan
• The City was awarded a $385,000 grant from Cal Fire in 2019 to fund the development of a Community Forestry Plan. The City completed and City Council adopted the La Mesa Urban Forest Management Plan (UFMP) in June 2022, which the City continued to implement in 2023. This will guide municipal policies and efforts for the next 40 years to ensure the growth of a healthy urban forest. The City also works with Tree San Diego and other community partners to provide education and outreach to the public on key urban forestry concepts and hosted tree planting education events for City Staff and La Mesa residents.
Tree Planting
• In partnership with Urban Corps and Tree San Diego, the City continued the Cal Fire grant funded tree planting program and communicated with residents to plant trees in the public right of way throughout the City. Residents sign a tree watering agreement to assist in watering the tree and are also encourage to participate in a Tree Steward Training provided by Tree San Diego. In 2023 155 trees were planted.
Tree Canopy Analysis
• Through the CalFire grant, the City continues to evaluate the City's tree canopy to better understand opportunities for enhanced growth for years to come.
Education and Outreach
• Urban forestry information continues to be updated has been added to the City's website. • A "Tree Interest Form" is on the City's website to encourage residents to share their interest in expanding the urban canopy and are provided information on upcoming tree planting workshops and volunteer opportunities. • The City hosted a staff tree training program in 2023 on proper tree planting and maintenance. 18 staff members completed the training.
This update reprsents the best available data at the time the report was prepared
2023 Climate Action Plan Annual Report Appendix
E-3
Municipal Energy Efficiency
Reduce municipal energy use.
Reduce electricity
consumption at municipal
facilities by 124,000 kWh
from 2005 municipal
inventor levels
Reduce natural gas
consumption at municipal
facilities by 1,275 therms
form the 2004 municipal
inventory
Implement all
improvements
recommended in the La
Mesa Energy Roadmap
Reduce electricity
consumption at
municipal facilities by
248,000 kWh from 2005
municipal inventory
levels
Reduce natural gas
consumption at
municipal facilities by
2.550 therms form the
2004 municipal
inventory
On-Track
Energy Efficiency Upgrades
• The City continues to change indoor lighting fixtures to efficient LED's as they burn out.
Municipal Energy Use
• Electricity consumption in municipal facilities continue to be monitored to identify saving opportunities, with 3.68 million kWh in 2023. This was a 1.5% decrease from 2022 consumption.
• Natural gas consumption in municipal facilities continue to be monitored to identify saving opportunities, with 33,354 Therms in 2023. In 2023, natural gas usage increased by 48% due to the completion of repairs at the municipal pool, which uses 65.8% of municipal gas consumption. Overall, municipal gas usage has decreased by 33% from 2021 due to savings from the municipal pool repairs and upgrades. • Since March 2021, all municipal accounts use 100% renewable electricity through Power100.
Comprehensive Energy Program
• In 2023, the City kicked off the Energy Services Company (ESCO) Project, selecting ENGIE to implement a comprehensive energy program that will include projects for energy efficiency, onsite renewable energy and battery storage, and electric vehicle charging infrastructure for City fleet vehicles at City facilities.
E-4
Public Lighting
Reduce energy consumption in
the City's traffic signals, street
lights, and park lighting
Retrofit all City-owned
traffic and street lights to
energy efficient alternatives
Reduce public lighting
energy consumption by
50% from 2005 levels
On-Track
Exterior Lighting
• All City-maintained street lights were retrofitted to high-efficiency induction street lights in 2011. • Streetlights continued to be switched out to LED lights when a light burns out. • All City-owned street and park lighting are monitored to track outages, upgrades, and other efficiency opportunities. • The City's park/athletic field lights, street lights and traffic lights were added to a scope of work for a comprehensive energy program that began in 2023.
E-5
Solar Photovoltaic Program
Install solar PV systems on
residential and non-residential
property, and identify
opportunities for municipal
installations
6.4 MW solar capacity
installed community wide
12.9 MW solar capacity
installed communitywide
On-Track
Solar Installations
• A total of 743 photovoltaic solar permits were issued in 2023. This is a 10% increase from 2022. • 4.8 MW (DC) of solar capacity were installed in La Mesa in 2023.
Battery Storage Installations
• A total of 78 battery permits were issued in 2023.
Education & Outreach
• The City website continues to be updated with information and resources on solar programs and incentives to encourage increased adoption of distributed renewable energy.
Permitting Process
• The City, in partnership with Symbium, launched an automatic solar and energy storage permit review program for up to 38.4 kW on residential property.
City Facilities
• The City kicked off the Energy Services Company (ESCO) Project to implement a comprehensive energy program that will develop a plan to install renewable energy and battery storage.
This update reprsents the best available data at the time the report was prepared
2023 Climate Action Plan Annual Report Appendix
E-6
Solar Hot Water Heater
Program
Install solar water heaters in
new construction and building
retrofits
5,100 therms/yr. saved 6,300 therms/yr. saved Ahead
Solar Hot Water Installations
• There were no solar hot water heater permits issued in 2023.
Education
• The City website continues to be updated with information and resources on solar hot water heating programs.
City Facilities
• The City continues to explore adding solar hot water heating at City facilities, especially at the Municipal Pool and Spa, and were added to a scope of work for a comprehensive energy program to begin in 2023.
E-7
Solar-Ready Construction
Incorporate solar-ready design
into new construction.
- - On-Track
Green Building Standards
• The City continued to implement Chapter 14.13 of the La Mesa Municipal Code, which adopts the 2023 Green Building Standards Code that defines zero net energy and renewable energy buildling requirements. Staff will continue monitoring State building code updates and ensure the City's building code provides for Green Building Standards consistent with updated regulations.
E-8
Zero Net Energy Construction
Implement California's zero net
energy building standards for
new residential construction
starting in 2020 and new nonresidential construction starting in 2030
-
14,800 MWh of new
residential electricity
demand is off-set
708,450 therms of new
residential natural gas
demand is off-set
5,800 MWh of new nonresidential natural gas
demand is off-set
83,000 therms of new
non-residential natural
gas demand is off-set
On-Track
Green Building Standards
• The City continued to implement Chapter 14.13 of the La Mesa Municipal Code, which adopts the 2023 Green Building Standards Code that defines zero net energy and renewable energy buildling requirements. Staff will continue monitoring State building code updates and ensure the City's building code provides for Green Building Standards consistent with updated regulations. Additionally, the City continued to implement the 2022 California Energy Code and participate in the the California Statewide Codes & Standards Program, Reach Codes Subprogram.
This update reprsents the best available data at the time the report was prepared
2023 Climate Action Plan Annual Report Appendix
E-9
100% Clean Energy
Partner with other San Diego
County jurisdictions to develop
a regional Community Choice
Aggregation program with
100% renewable energy
-
80% of La Mesa
residents and businesses
participate in a CCA or
similar program that
provides 100%
renewable electricity
On-Track
Community Choice Aggregation (CCA)
• In October 2018 the cities of Chula Vista, La Mesa, and Santee partnered on a CCA Feasibility Study. The Study was completed in July 2019 and found that a community choice program could offer competitive rates to La Mesa residents and business and support the City's CAP goals. • In September 2019, La Mesa City Council approved community choice through a regional program in partnership with Chula Vista, Encinitas, Imperial Beach, and San Diego. The regional program, called San Diego Community Power (SDCP), began serving municipal customers in 2021 and business and residential customers in 2022. SD Community Power's founding documents also commit the agency to serve customers with 100% renewable electricity by 2035.
• SDCP offers renewabl electricity to residents and businesses through PowerOn (55%) and Power100 (100%). All municipal accounts are Power100. • Throughout 2023, SDCP remained engaged with La Mesans at community events. • In 2023, there was a 95.4% participation rate and 18 new opt-ups to Power100 with a total of 28,005 SDCP accounts.
Grants
The City supported the La Mesa Park and Recreation Foundation, who received $34,500 from the Community Clean Energy Innovation Grant Program awarded by SDCP. The Foundation used the funds to supply the La Mesa Community Garden and Public Works Department with electric leaf blowers, hedgers, and trimmers, replacing small gas powered engines for use at educational workshops and within La Mesa Parks.
Transportation and Land Use
T-1
Bicycle and Pedestrian
Infrastructure
Continue to plan for and
construct safe, attractive
bicycle and pedestrian paths
and facilities.
Install 3 miles of new Class II
bike lanes (in addition to
existing 12.8 miles)
Install 10 miles of new
Class II bike lanes (in
addition to existing 12.8
miles)
Increase percentage of
bike commuters by 0.3%
from 2010 levels
On-Track
Bike Lanes and Sidewalks
• To date, the City' has 33 miles of Class 2 bike lanes and 28 miles of Class 3 bike lanes. • To date, the City has 277 miles of sidewalk
Infrastructure Improvements
• In 2023 the City began completed construction of its first High-intensity Activated CrossWalk at the intersection of El Cajon Blvd. and Jesse Ave. to address a gap in pedestrian crosswalks along the corridor and provide a safe place for pedestrians to cross the street. • The City continues to make use of grant funding received in 2022 to install pedestrian crossings in 12 new locations and pedestrian signal upgrades in other locations across the City.
• The City continues to apply and receive grant funding for sidewalk and bike lane installations. • As streets and intersections are repaired, the City adds bike lanes and traffic and safety improvements if feasible.
Grants
• The City was awarded a Smart Growth Incentive Program (SGIP) grant from SANDAG to prepare a Complete Streets Integrated Design Manual. The Manual was published in 2023 and provides a toolbox of engineering elements, making it easier to implement Smart Growth policies on future projects requiring street and sidewalk improvements, ensuring all types of road users are safely accommodated. • The City was awarded a $400,000 Sustainable Communities Grant from the State of California to prepare a Complete Streets Plan for La Mesa Boulevard from Jackson Drive, under the I-8 freeway, and connecting to Grossmont Center Drive. La Mesa Boulevard Complete Streets Plan Segment 2 kicked off in January 2023 and included multiple community engagement opportunities throughout the year to involve residents in the corridor redesign. Presentation of the draft plan will occur in early 2024.
• The City continued to use funds from a $250,000 from the federal Highway Safety Improvement Program Grant with a local match in funds exceeding 100% for 12 new pedestrian crossings across the City.
• The City continued to use funds from a $189,000 grant for pedestrian signal updates in across the City. The purpose of the updates is to increase pedestrian accessibility.
This update reprsents the best available data at the time the report was prepared
2023 Climate Action Plan Annual Report Appendix
T-2
Bicycle Safety Program
Implement a bicycle program
to advance community-wide
bikeability through safety
programs, bicycle tune-up
clinics, and partnerships with
bicycle advocacy groups, local
school, and cycling clubs.
- - On-Track
Vision Zero
• In September 2018, City Council adopted a Vision Zero Policy. The policy strives to reduce traffic fatalities to zero by 2035 through infrastructure improvements, data analysis, education, and planning. In support of this initiative, the City:
• The City applied for and was rewarded a Smart Growth Incentive Program (SGIP) grant from the San Diego Association of Governments to prepare a Complete Streets Integrated Design Manual. The Manual is a comprehensive Complete Streets planning and design guide that provides a toolbox of engineering elements, making it easier to implement Smart growth policies on future projects requiring street and sidewalk improvements. • The City was awarded a $400,000 Sustainable Communities grant from the State of California to prepare a Complete Streets Plan for La Mesa Boulevard from Jackson Drive, under the I-8 freeway, and connecting to Grossmont Center Drive. La Mesa Boulevard Complete Streets Plan Segment 2 kicked off in January 2023 and included mulitple community engagement opportunities throughout the year to involve residents in the corridor redesign. Presentation of the draft plan will occur in eaerly 2024.
• Continues to implement the Neighborhood Traffic Management Program, which allows residents to petition for traffic calming measures on their streets. • The City has an internal Vision Zero team that meets quarterly San Diego County Bicycle Coalition Partnership
• The City launched a bicycle education series in collaboration with San Diego County Bicycle Coalition. The first workshop, help in October, included a bike safety presentation, bike drills, and a group ride around La Mesa. • The City plans to continue the series through 2024, offering a mix of virtual and on-bike classes.
La Mesa Walks!
• La Mesa Walks! is a community walking group that meets Wednesday mornings. The walks are used as a forum to educate residents of City projects, programs and events while also promoting walking as a fun means of transportation. In 2023, La Mesa Walks had 600 participants and totaled 104.32 miles.
Safe Routes to School
• The City continued to educate students and parents on safe biking and walking habits as a way to commute to and from school.
T-3
Transportation Safety and
Demand Management Program
Utilize SANDAG's iCommute
program to reduce singleoccupancy vehicle trips
community-wide
-
Reduce VMT per capita
by 6% compared to
2010 levels (25.1 daily
VMT per capita in 2010)
On-Track
City of La Mesa + Sustainable Transportation Services Collaboration • The City was awarded the Platinum Award for the SANDAG Diamond Awards, which recognizes employers in San Diego region who have made strides to promote alternative commute choices in the workplace Education and Outreach
• The City website includes information and resources about SANDAG's Sustainable Transportation Services (STS) program to make residents aware of the free programs and incentives available through iCommute. • The City shares STS information and resources with City staff.
SANDAG Sustainable Transportation Program Updates
• The City was recognized as a Diamond Platinum Award recipient for efforts in championing sustainable transportation options. This is the first time the City has received the highest level of recognition as a Diamond Platinum Award recipient • Events in 2023 included: Bike Anywhere Day with 60 visitors to the City of La Mesa Pit Stop, Clean Air Day, an E-bike Test Ride event with City staff, and a Public works Bike Maintenance Event..
This update reprsents the best available data at the time the report was prepared
2023 Climate Action Plan Annual Report Appendix
T-4
Mixed-Use and TransitOriented Development
Continue to encourage mixeduse and transit-oriented
development through land use
and zoning designations to
support alternative
transportation opportunities.
-
Reduce VMT per capita
by 6% compared to
2010 levels (25.1 daily
VMT per capita in 2010)
On-Track
Transit Oriented Development (TOD) Projects
• Transit-Oriented Development (TOD) refers to residential development within walking distances of transit and other services, lessening the need for personal vehicle trips.
• Construction is progressing on TOD projects at 8181 Allison Avenue, 8234 University Avenue, and 7385 Colony Drive.
Development
• The City issued 85 ADU permits in 2023, providing more efficient housing options for La Mesa residents. Applications are continuously being reviewed and approved.
• The City received State Senate Bill 2 Planning Grant funds to engage a consultant to assist in preparation of a guide on development of ADUs focused on single-family homeowners interested in adding an ADU to their property. The guide was released early 2023.
T-5
Alternative Refueling
Infrastructure Development
Support community-wide use of
alternative fuel vehicles
through expansion of
alternative vehicle refueling
infrastructure.
-
Reduce VMT per capita
by 6% compared to
2010 levels (25.1 daily
VMT per capita in 2010)
On-Track
Electric Vehicle Charging Stations
• 27 residential electric vehicle (EV) charging station permits were issued in 2023. • 20 newly permitted commercial EV charging ports in 2023. • The City launched the Comprehensive Energy Program. The purpose of the program is to conduct building energy audits, and identify and construct energy efficiency projects, including but not limited to EV charging infrastructure for City fleet vehicles.
Education and Outreach
• The City's website was updated with information on EV incentives and resources.
T-6
Municipal Fleet
Continue to transition the
municipal vehicle fleet from
gasoline- and diesel-powered
vehicles to alternative-fuel or
other low-emissions vehicles.
220 gallons of gasoline/yr.
saved from passenger
vehicle replacement
340 gallons of
gasoline/yr. saved from
light-duty truck
replacement
On-Track
Fleet Upgrades
• In 2023, the City acquired another full-electric vehicle, bringing the fleet to a total of 3 electric vehicles to be used by City staff • Alternative fuel vehicles continued to be explored for fleet replacement, with technical assistance support from a CEC-funded Empower Procurement program.
• The City partnered with SDG&E to install 10 Power Your Drive electric vehicle charging stations at City Hall. These chargers are available to all Civic Center Complex staff and the new electric vehicles. The units were available for workplace and fleet charging starting January 2019.
Grossmont Union High School District Fleet
• In September 2022, GUHSD unveiled their first 17 all-electric buses and new Transportation Services Center, which features 9 bus maintenance bays, a drive-through bus wash, rooftop solar panels, and electric charging infrastructure to support further fleet electrification. In the 2023, the GUHSD continues to utlize the all-electric buses and serve the La Mesa community. • This work is based on a fleet electrification roadmap which charts a course to a fully electric school bus fleet over the next 20 years.
Transition to Renewable Diesel
• In 2019 the City transitioned its diesel fleet to renewable diesel, an environmentally sustainable, nonpetroleum fuel sourced from food waste and agricultural products. The change to renewable diesel will reduce GHG emission from the City's diesel fleet by approximately 65%.
This update reprsents the best available data at the time the report was prepared
2023 Climate Action Plan Annual Report Appendix
Water
W-1
Urban Water Management
Plan Programs
Support Helix Water District in
outreach and community
education
Achieve water use levels of
103 gallons per capita per
day
Achieve water use
levels of 89 gallons per
capita per day
Ahead
Community-wide Consumption
• In 2023, La Mesa's average residential gallons per capita per day (GPCD) was 86.3, a 10% decrease from 2022. This surpasses the 2020 CAP Target of 103 GPCD and the 2035 CAP Target of 89 GPCD.
Education and Outreach
• The City website includes information and resources on water conservation opportunities. • The City continues to share it's water conservation fact sheets, published in 2022, promoting Helix rebates and incentives. • The City also continues to cross promote Helix Water District educational opportunities via social media and other communication strategies. • Helix Water District continues to offer numerous programs to La Mesa residents and businesses, including in-home water use evaluations, student education programs, and local rebates and incentives. These efforts are cross-promoted where feasible. In 2023, 827 students attended Helix's education program on water.
• Helix Water District has a demonstration landscape garden at their La Mesa office, available for residents to learn more about the types of water saving plants and trees to plant in La Mesa's environment.
• The City continues to cross promote I Love A Clean San Diego's educational resources. 217 students attended I Love A Clean San Diego's presentations about stormwater and watersheds.
W-2
Water wise Landscape
Design and Irrigation
Conserve water through
efficient landscaping design
and irrigation
- - On-Track
Education and Outreach
• City Building staff continue to promote water conservation measures. Additional resources have been made available on the City's website for residents and businesses.
• In 2023, the City continued to share its indoor and outdoor water conservation fact sheets with best practices and rebates and incentives. These fact sheets are available on the City website, and physical copies are available at City tabling events. • The City hosted a Native Landsacping Workshop and Rainwater Harvesting Workshop to share with residents best tips on saving water runoff and caring for loew-water native plants.
Municipal Conservation and Demonstration
• The City began construction of a demonstration garden at City Hall, incorporating low-water plants, a rock-lined swale, and a rainwater collection barrel to collect runoff from the City Hall roof for use in the garden.
W-3
Pure Water Program
Participate in the Pure Water
Program to convert wastewater
to potable drinking water
- - On-Track
• City Council approved La Mesa's participation in the Pure Water San Diego program in July 2018. Pure Water San Diego is a phased, multi-year program that will use proven water purification technology to clean recycled water to produce safe, high-quality drinking water locally by 2035. This is a key initiative to provide reliable, sustainable water supply to the region. • The Pure Water Project aims to convert a minimum of 83 million gallons of wastewater each day into potable drinking water, providing nearly 50% of the City's drinking water by 2035.
• Phase I construction continued in 2023. It includes 11 construction projects, including the North City Pure Water Facility and Pump Station, which is being built across the road from the North City Water Reclmation Plant.
This update reprsents the best available data at the time the report was prepared
2023 Climate Action Plan Annual Report Appendix
Solid Waste
SW-1
Food Scrap and Yard Waste
Diversion
Work with local waste hauler to
develop residential organics
collection program
Household and businesses
divert 5% of food scraps
and compostable paper
Households and businesses
divert 85% of yard waste
See Measure SW-3 On-Track
Recycling Compliance
•As of January 2022, Senate Bill (SB) 1383 (Mandatory Organics Recycling) and Assembly Bill (AB) 341 (Mandatory Recycling) requires all single family homes, multi-family residential dwellings, and commerical businesses to subscribe to recycling services. • In 2023, the City had 99.7% residential and commercial compliance. • 27% of the waste generated by La Mesa residents was diverted from landfill in 2023. This was a .5% increase from 2022. • 55,400 tons of waste were collected by EDCO, which was 4.2% more than 2022.
Organic Waste Recycling
•The City worked with their waste hauler frranchiser, EDCO, to roll out organics recycling services to all La Mesa businesses and multi-family housing in March 2023.
• To encourage maximum participation in the residential organics collection program, EDCO offers free kitchen caddies to residents. Multi-family residents can request kitchen caddies from their property management, and single family residents can request one directly from EDCO. 23 vouchers were issued FOR the program in 2023.
• In collaboration with I Love A Clean San Diego, the City rolled out organics and recycling sorting stations and signage at Helix Charter High School.
Edible Food Recovery & Procurement
• In 2023, the City contracted with consultant Solana Center for Environmental Innovation to provide assistance to food recovery organizations and Tier 1 commercial food generators, which includes supermarkets.
Education and Outreach
• The City and EDCO continue to conduct education and outreach to the public and large waste generators. EDCO continues to conduct on-site and virtual site visits to educate multi-family complexes and businesses on best management practices.
Community Mulch
• The City and EDCO continues their program providing free mulch to La Mesa community members. In 2023, the City provided 340 cubic yards of mulch to the community.
SW-2
Construction & Demolition
Waste Diversion
Continue to enforce the City's
construction and demolition
waste diversion ordinance.
Projects divert 75% of
construction and
demolition waste from
landfill, per City ordinance
See Measure SW-3 On-Track
Construction and Demolition Ordinance Implementation
• The City continues to implement the 75% C&D diversion requirement for applicable projects. • Additional resources and information on C&D are available on the City's website, including resource recovery information.
SW-3
Divert 75% Waste from
Landfill
Maximize waste diversion efforts
community-wide with particular
focus on organic and
recyclable waste
-
12,500 tons or less of
solid waste disposed in
landfills (75% waste
diversion)
On-Track
Water Refill Stations
• The City used grant funding to order and install water refill stations at City facilities to encourage the reuse of water bottles and prevent the use of singleuse plastics.
Recycling Compliance
• In 2023, the City had 99.7% residential and commercial compliance. • 27% of the waste generated by La Mesa residents was diverted from landfill in 2023. This was a 0.5% increase from 2022. • 55,400 tons of waste were collected by EDCO, which was 4.2% more than 2022.
This update reprsents the best available data at the time the report was prepared
2023 Climate Action Plan Annual Report Appendix
Green Infrastructure
GI-1
Urban Forest Master Plan
Support the development and
maintenance of a healthy
urban forest
500 net new trees planted
from 2015 onward See measure GI-2 On-Track
Community Forestry Plan
• The City's Urban Forestry Management Plan (UFMP) was adopted in 2022 and continues to be implemented and utilized by the City as it maintains and grows its urban tree canopy.
• The City is actively analyzing the UFMP recommendations to determine feasible next steps to increase urban canopy cover, including exploring options to adopt a comprehensive tree protection ordinance for public and private trees and implementing a private property tree planting program. • The City continues to work with Tree San Diego and other community partners to provide education and outreach to the public on key urban forestry concepts.
City Tree Inventory Update
• The City continues to add to the 2019 inventory of all City-maintained trees. The City maintains 10,037 trees across the City as of the end of 2023. • 155 trees were planted in 2023, which was a 260% increase from 2022. • The City received its 44th designation as a Tree City USA by the Arbor Day Foundation. • The City was also awarded the Tree Growth Award for 2023, commending the City's commitment to expanding its tree canopy, repurposing urban trees, educating residents, and hosting staff trainings.
GI-2
Expanded Urban Forestry
Increase La Mesa's urban forest
canopy coverage
-
Increase tree canopy
by 1,400 acres from 2014
baseline
On-Track
Tree Planting
• In partnership with Urban Corps and Tree San Diego, the City continued coordinating the Cal Fire grant funded tree planting program and has communicated with residents to plant trees in public rights-of-way throughout the City. • In exchange for the tree, residents sign a tree watering agreement, committing to watering the tree for a period of 4+ years. Residents are also encouraged to participate in Tree Steward Trainings provided by Tree San Diego. • In 2023, 155 new trees were planted in La Mesa.
•To ensure the health of the existing canopy, the City has had to remove trees due to pest and diseases.
Tree Canopy Analysis
• Through the CalFire grant, the City continued to evaluate the City's tree canopy to better understand opportunities for enhanced growth for years to come.
Education and Outreach
• Urban forestry information is continually updated on the City's website. • A "Tree Interest Form" has been added to the City's website to encourage residents to share their interest in expanding the urban canopy. Residents are provided with information on upcoming tree planting workshops and volunteer opportunities. • The City conducted outreach for the 2019 CAL Fire Grant free street tree program through social media, the City Manager newsletter, and tabling at events.
• The City hosted resident and staff tree training events in 2023 on proper tree planting and maintenance.
This update reprsents the best available data at the time the report was prepared
DATE: July 23, 2024
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, CMC, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: RESOLUTION APPOINTING AND/OR REAPPOINTING MEMBERS TO
CITY OF LA MESA BOARDS AND COMMISSIONS
On July 9th, the City Council interviewed applicants who were interested in being appointed or reappointed to the City’s boards and commissions. At the Council meeting on July 23rd, the Mayor and City Council will nominate and confirm the appointments. With the exception of the Community Services Commission and Planning Commission, the Mayor will make the appointments to the City’s boards and commissions with the approval of the City Council.
For the appointments to the Community Services Commission and Planning Commission, nomination forms will be distributed at the meeting. Each Councilmember will indicate his or her nominations on the form. The forms will be passed to the City Clerk who will read each nomination aloud. The nomination process will continue until there is a majority nomination by the Council.
Attached is a list of the boards and commissions with a brief description of the requirements for each one, the number of openings, and the names of each applicant seeking to be appointed.
Staff recommends the City Council appoint members to fill the openings on the City’s boards and commissions, and adopt the attached resolution confirming the appointments.
Attachments
ATTACHMENT A
A number of applicants listed more than one board or commission of interest.
Arts and Culture Commission: 2 positions – four-year terms One position represents the visual arts (VA) and one position represents the general population (G).
The Commission shall consist of seven appointed members as follows: two members to be art educators (one kindergarten through 8th grade, one 9th grade through college); one member to represent the visual arts; one member to represent the performing arts; one member to represent the musical arts; and two members to be at large. Members shall be a La Mesa resident, employed at a place of business in La Mesa with a direct relationship to the Arts and Culture Commission membership categories, OR serve in a volunteer capacity at a non-profit organization in La Mesa with a direct relationship to the arts and Culture Commission membership categories
First Appointed Number of Terms
Sherida Bonton (G) – incumbent 02/13/24 partial
Todd Pitman (G)
Daniel Stein(G)
Melissa Weiss Walter (VA) – incumbent 01/25/2022 partial Community Relations and Veterans Commission: 2 positions – four-year terms One position represents the disabled population (D) and one position represents the general population (G).
Members must be resident electors of the City of La Mesa and are subject to the Conflict of Interest Code. One appointee must meet one of the following criteria: 1) be an honorably discharged veteran of the United States armed forces; 2) be an active duty armed forces member serving in a civilian capacity; or 3) be a member of a Veterans Service Organization based within the La Mesa city limits which is federally chartered and/or recognized by the Department of Veterans Affairs for claim representation.
First Appointed Terms
Alan R. Gann (V)(D)(G) – incumbent 07/11/17 1+partial
Michael Gross (V) (G)
Victor E. Martin (V)(D)(G)
Community Services Commission: 2 positions – four-year terms Members must be resident electors of the City of La Mesa and are subject to the Conflict of Interest Code.
First Appointed Terms
Robert Duff
Amanda-Dawn Natalia
Parker Ross – incumbent 07/26/2022 partial
Design Review Board: 1 position – three-year term
Members shall be design professionals, which are defined as registered architect or landscape architect, building designer, urban designer or urban planner. Members are subject to the Conflict of Interest Code.
First Appointed Terms
Alison Morita – incumbent 02/13/2024 partial
Todd Pitman
Environmental Sustainability Commission: 3 positions – four-year terms One position represents the professional category (P) with experience related to environmental sustainability and two positions represent the general population (G).
Seven of the members shall be residents of the City of La Mesa and be comprised as follows: two members from the general populous; three members with professional experience related to environmental sustainability; one member representing the senior adult population (at time of appointment shall be not less than fifty-five years of age); and one member representing the youth population (at the time of appointment shall be not more than 21 years of age).
First Appointed Terms
Amanda-Dawn Natalia (G)
Jack Sellinger (P)(G)
Richard Williams (P)(G) – incumbent 07/09/2019 1
Historic Preservation Commission: 2 positions – four-year terms One position is recommended by the La Mesa Historical Society (HS) and one position represents the design professional category which includes licensed architects, landscape architects, city planners, urban designers, architectural historians, and individuals practicing structural or interior design (DP).
Two of the members shall be registered voters and licensed architects, landscape architects, city planners, urban designers, architectural historians, individuals practicing structural or interior design; two are current resident electors of the City of La Mesa; and three are registered voters and recommended by the La Mesa Historical Society.
Members are subject to the Conflict of Interest Code.
First Appointed Terms
Tony Garcia (DP) – incumbent 02/22/2022 partial
Todd Pitman (HS)
La Mesa Community Parking Commission: 2 positions – four-year term One position represents the general population (G) and one position is a business representative, property owner, or resident residing in the CD/D Downtown Commercial Zone (CD)
Two members shall be at-large members and three members shall be business representatives, property owners, or residents residing in the CD/D Downtown Commercial Zone. Members are subject to the Conflict of Interest Code.
First Appointed Terms
Melissa McCune (CD)(G)
Mobility Commission: 2 positions – four-year terms
Members must be resident electors of the City of La Mesa and are subject to the Conflict of Interest Code.
First Appointed Terms
Personnel Appeals Board: 2 positions – three-year terms Members shall be resident electors of the City of La Mesa and are subject to the Conflict of Interest Code.
First Appointed Terms
Fabriane Hudson – incumbent 7/10/18 2
Amanda-Dawn Natalia
Hanna Weinstein
Planning Commission: 2 positions – four-year terms
Members must be resident electors of the City of La Mesa and are subject to the Conflict of Interest Code.
First Appointed Terms
Jerry Jones – incumbent 07/28/20 1
Andrew Torpey – incumbent 07/12/2016 2
APPLICATIONS ARE AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA APPOINTING
AND/OR REAPPOINTING MEMBERS TO CITY OF LA MESA BOARDS AND
COMMISSIONS
___________________________________________________________________ WHEREAS, terms on the following City of La Mesa Boards and Commissions have either expired or been vacated; and
WHEREAS, the list of persons below has been either recommended to or by the City Council for appointment or reappointment to said City of La Mesa Board and Commission.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the following are hereby appointed and/or reappointed as members of the City of La Mesa Boards and Commissions, with their terms to commence after the oath or affirmation of allegiance for public officers or employees is executed as required by Article XX, Section 3 of the Constitution of the State of California, and to expire on the dates stated below, or until their successors are appointed and qualified:
Arts and Culture Commission: 2 appointments
(Name) is appointed/reappointed as the visual arts representative for term ending June 30, 2028.
(Name) is appointed/reappointed as the general population representative for term ending June 30, 2028.
Community Relations and Veterans Commission: 2 appointments (Name) is appointed/reappointed as the disabled population representative for term ending June 30, 2028.
(Name) is appointed/reappointed as the general population representative for term ending June 30, 2028.
Community Services Commission: 2 appointments
(Name) is appointed/reappointed for term ending June 30, 2028. (Name) is appointed/reappointed for term ending June 30, 2028.
Design Review Board: 1 appointment
(Name) is appointed/reappointed for term ending June 30, 2027.
Environmental Sustainability Commission: 3 appointments (Name) is appointed/reappointed as the professional representative for term ending June 30, 2028.
(Name) is appointed/reappointed as the general population representative for term ending June 30, 2028.
(Name) is appointed/reappointed as the general population representative for term ending June 30, 2028.
Historic Preservation Commission: 2 appointments
Todd Pitman is appointed as the La Mesa Historical Society representative for term ending June 30, 2028
.
(Name) is reappointed as the general population representative for term ending June 30, 2028.
La Mesa Community Parking Commission: 1 appointment
(Name) is appointed as the CD/D Zone representative for term ending June 30, 2028.
Personnel Appeals Board: 2 appointments
(Name) is appointed/reappointed for term ending June 30, 2027. (Name) is appointed/reappointed for term ending June 30, 2027.
Planning Commission: 2 appointments
(Name) is reappointed for term ending June 30, 2028.
(Name) is reappointed for term ending June 30, 2028.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 23rd day of July 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)
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: July 23, 2024
SUBJECT: RESOLUTION APPROVING AN AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF
LA MESA AND IPS GROUP PARKING &
TELECOMMUNICATIONS AND APPROPRIATING
$35,000 FROM THE DOWNTOWN PARKING FUND
RESERVE TO THE FISCAL YEAR 2024-2025 BUDGET
DESCRIPTION: AGREEMENT SETS PRICING FOR THE PURCHASE
OF CREDIT CARD-ENABLED SINGLE SPACE
PARKING METERS, PARKING SENSORS,
EQUIPMENT AND ONGOING TECHNCIAL SERVICES
AND THE APPROPRIATION FUNDS THE PURCHASE
OF 31 PARKING METERS TO BE INSTALLED IN
PARKING DISTRICT 1
ISSUING DEPARTMENT: CITY MANAGER’S OFFICE
SUMMARY:
Issues:
Should the City Council adopt a resolution approving an agreement for professional services between the City of La Mesa (City) and IPS Group Parking & Telecommunications (IPS) and appropriate $35,000 from the Downtown Parking Fund Reserve to the Fiscal Year 2024-2025 Budget?
Recommendation:
The La Mesa Community Parking Commission recommends the City Council adopt a resolution approving an agreement for professional services between the City and IPS and appropriate $35,000 from the Downtown Parking Fund Reserve to the Fiscal Year 2024-2025 Budget.
Report to Mayor and Councilmembers
Date: July 23, 2024
Page: 2 of 4
Fiscal Impact:
The recommendation has no impact on the General Fund. The Downtown Parking Fund is an enterprise fund for the receipt of parking-related revenue. It is used to fund parking operations in the Downtown Village. The current fund balance is approximately $344,000.
City’s Strategic Goals:
Invest in infrastructure to serve the needs of the community.
BACKGROUND:
In 2010, the City began installing credit card-enabled parking meters (smart meters) to replace outdated coin-only meters in Parking District 1 (District). Smart meters provide an alternative to the coin-only payment method by wirelessly processing credit/debit card transactions, providing coin transactions, and pay by mobile device (i.e. Android Pay and Apply Pay) options. Smart meters feature IPS’s Park Smarter app. The app allows Downtown Village parking customers to identify available parking spaces in real-time, pay for parking, monitor parking sessions and track their parking transactions from their mobile device. Smart meters also include dome mount vehicle sensors that detect the presence of vehicles in parking spaces.
There are 438 meters in the District, 144 are IPS smart meters and 294 are outdated coin-only meters. The smart meters were installed in 2010 and 2018 and are located mainly in high turn-over areas along La Mesa Blvd. between Acacia Ave. and 4th St., Palm Ave., half of 3
rd St. and 4th St., and Date Ave. The remaining 294 coin-only meters are located in lower turn-over areas along Lemon Ave., La Mesa Blvd. west of Acacia Ave. and east of 4th St., Allison Ave., half of 3rd St. and 4 th St., Date Ave, and the City’s four
municipal parking lots. The coin-only meters in these areas have reached the end of their useful life and require replacement. Parts for the meters are no longer available and the City’s inventory of replacement parts is limited. By replacing coin-only meters with smart meters, La Mesa’s parking program can better facilitate parking compliance by adding more digital payment methods and enhancing the customer experience in the Downtown Village.
DISCUSSION:
The La Mesa Community Parking Commission (Commission) acts in an advisory capacity to the City Council regarding parking-related issues within the District. The Commission’s 2024 Work Plan includes goals to research and recommend parking management technologies to replace coin-only meters. At the January 16, 2024 Commission meeting,
Report to Mayor and Councilmembers
Date: July 23, 2024
Page: 3 of 4
the Commission discussed strategies to replace coin-only meters, and recommend prioritizing the replacement of coin-only meters located on-streets and researching new parking management technologies for use in City municipal parking lots. The recently completed Lemon Ave. Municipal Parking Lot includes a pilot program to test the use of a QR code parking management system that provides a convenient payment method to purchase daily parking permits from an app on a mobile device. If successful, the system could be expanded to replace the coin-only meters in the City’s remaining municipal parking lots.
The Commission recommends phasing in the purchase of smart meters over time as Downtown Parking Funds become available. The Downtown Parking Fund is used to fund two biennial budgets that support parking operations in the Downtown Village and the fund’s current balance ($344,000) is not sufficient to replace all on-street coin-only meters.
To begin the phase-in replacement of coin-only meters, the Commission recommends that the City Council enter into an agreement with IPS for the purchase and installation of 31 smart meters. The agreement, included as Attachment B, sets fixed pricing for a period of two years for the purchase of smart meters, vehicle detection sensors, spare parts, and ongoing fees associated with the wireless gateway, meter management system, and software licensing. The cost of the 31 smart meters including installation is $31,805.78.
An appropriation from the Downtown Parking Fund Reserve in the amount of $35,000, inclusive of a 10% contingency for unforeseen costs, is necessary for the purchase. If approved, the parking fund’s balance would be $309,000.
The 31 smart meters would be installed on 3rd St. and 4th St. north of Lemon Ave.
Currently, only half of these two streets have smart meters. The remaining smart meters would be installed on Date Ave. Moving forward, the Commission will continue to receive Downtown Parking Fund updates and make recommendations for future smart meter purchases.
CONCLUSION:
Staff recommends the City Council adopt a resolution approving an agreement for professional services between the City and IPS and appropriate $35,000 from the Downtown Parking Fund Reserve to the Fiscal Year 2024-2025 Operating Budget for the purchase of 31 smart meters.
Report to Mayor and Councilmembers
Date: July 23, 2024
Page: 4 of 4
Reviewed by: Respectfully submitted by:
____________________ ____________________
Greg Humora Amanda Lee
City Manager Assistant City Manager
____________________
Lyn Dedmon
Assistant to the City Manager
Attachments: A. Resolution approving an agreement for professional services between the City of La Mesa and IPS Group Parking &
Telecommunications and appropriating $35,000 from the Downtown Parking Fund Reserve to the Fiscal Year 2024-2025 Operating Budget
B. Agreement with IPS
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF LA MESA AND IPS GROUP PARKING &
TELECOMMUNICATIONS AND APPROPRIATING $35,000 FROM THE
DOWNTOWN PARKING FUND RESERVE TO THE FISCAL YEAR 2024-
2025 BUDGET
WHEREAS, the City operates Parking District 1 in an area commonly known as the Downtown Village where public parking in the district is metered; WHEREAS, since 2010 the City has utilized credit and debit card capable parking meter mechanisms and other equipment and services produced and provided by Contractor; WHEREAS, the City desires to replace outdated coin-only parking meters with new credit card-enabled single space parking meter mechanisms, parking sensors and other equipment and ongoing technical services produced and provided by Contractor; WHEREAS, the La Mesa Community Parking Commission (Commission) is an advisory body to the City Council created pursuant to Ordinance 2004-2747 and is charged with providing the Council with input on parking issues, including maintenance of parking facilities, parking meter rates, fines, permits and enforcement of parking violations; WHEREAS, the 2024 Commission Work Plan includes a goal to research and make recommendations to Council regarding new parking management technology to replace coinonly meters on-street and in municipal lots in Parking District 1; WHEREAS, during the Commission’s Regular Meeting on May 21, 2024, the Commission voted 4-0 to recommend to the City Council the purchase and installation of 31 credit card-enabled single space parking meter mechanisms and dome mount vehicle detection sensors to replace outdated coin-only meters using funding from the Downtown Parking Fund; WHEREAS, the Agreement with Contractor sets fixed pricing for the phased purchase and installation of credit card-enabled single space parking meter mechanisms, dome mount vehicle detection sensors, and spare parts to replace outdated coin-only meters over a period of time in Parking District 1;
WHEREAS, the total cost for 31 single space parking meters and dome mount vehicle detection sensors is $35,000 inclusive of a 10% contingency for any unforeseen costs; and WHEREAS, the Downtown Parking Fund has sufficient reserves to fund the acquisition costs.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City is hereby authorized to approve a standard agreement for professional services with IPS Group Parking & Telecommunications and appropriating $35,000 from the Downtown Parking Fund Reserve to the Fiscal Year 2024-2025 Budget.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 23
rd day of July 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 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)
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF LA MESA AND IPS GROUP PARKING &
TELECOMMUNICATIONS FOR THE PURCHASE AND INSTALLATION OF CREDIT
CARD-ENABLED SINGLE SPACE PARKING METERS, DOME MOUNT VEHICLE
DETECTION SENSORS, SPARE PARTS AND ONGOING SUPPORT SERVICES 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 municipal corporation, hereinafter referred to as the “City", and IPS Group Parking & Telecommunications, hereinafter referred to as "Contractor." WITNESSETH THAT:
WHEREAS, the City operates Parking District 1 in an area commonly known as the Downtown Village where public parking in the District is metered; WHEREAS, since 2010 the City has utilized credit and debit card capable parking meter mechanisms and other equipment and services produced and provided by Contractor; WHEREAS, the City desires to replace outdated coin-only parking meters with new credit card-enabled single space parking meter mechanisms, parking sensors and other equipment produced and provided by Contractor;
WEHREAS, the City desires to engage Contractor to purchase and install parking meter mechanisms, parking sensors, and other equipment and render certain technical and professional services related to collection and management of parking data and procure ongoing technical and professional services from Contractor and is willing to compensate Contractor for such services;
WHEREAS, Contractor is qualified to provide said professional services, and WHEREAS, the City Council has adopted Resolution No. _________ approving the Agreement for the purchase and installation of credit card-enabled single space parking meters, dome mount vehicle detection sensors, spare parts and ongoing support services.
NOW THEREFORE, the parties do mutually agree as follows:
SECTION 1: ENGAGEMENT OF CONTRACTOR
The City hereby agrees to engage Contractor and Contractor hereby agrees to perform the services set forth in this Agreement. This Agreement shall be for an initial term from the execution date of the Agreement through June 30, 2026 and may be renewed for an additional two (2), one-year terms by mutual written consent of both parties. The City Manager shall have sole and exclusive right to exercise any options contained in this agreement on behalf of the City.
SECTION 2: SERVICES TO BE PERFORMED BY CONTRACTOR
Contractor 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 of the tasks and items listed and described in Section 7 of this Agreement under the pricing terms described in Exhibit “A”, attached hereto and incorporated herein as part of this Agreement.
SECTION 3: KEY PROJECT PERSONNEL
Contractor agrees to provide the services of trained and qualified personnel employed by Contractor for the full term of this contract. No substitutions will be made without prior written approval by the City. The City reserves the right to request specific qualifications for personnel substituted under this section.
SECTION 4: CONTRACTORS
Contractor will utilize the services of the following subcontractors during the course of this study:
1. To be determined (if necessary), as needed, with City approval Payment for such services shall be the responsibility of the Contractor. No substitution of proposed subcontractors shall be made without prior written approval by the City.
SECTION 5: CITY REPRESENTATION
The City Manager for the City of La Mesa, or its 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 Contractor, or cause to be provided with, the following documents, services and site information, at no charge to the Contractor.
A. Locations and pole identification numbers of all parking meters to be upgraded from coinonly meters to new credit card-enabled single space parking meters and dome mount vehicle detection sensors produced and provided by Contractor.
B. Assistance of Parking Enforcement staff with removal of existing coin-only meters, access to storage area at Public Works yard, and other assistance as necessary.
SECTION 7: PERFORMANCE SCHEDULE
Both Contractor and the City recognize that time is of the essence in the completion of this work and the following schedule is dependent upon timely actions by the Contractor and the City.
- 3 -
Accordingly, the Contractor shall provide credit card-enabled single space parking meters, dome mount vehicle detection sensors, and ongoing support services under the pricing terms outlined in Exhibit “A”, attached hereto and incorporated herein and as described in this Agreement in accordance with the following schedule:
TASK A
Install credit card-enabled single space parking meters and dome mount vehicle detection sensors upon purchase by City.
Target Date: No later than one (1) month after purchase or order date.
TASK B
Deliver spare components upon purchase by City.
Target Date: No later than three (3) months after purchase or order date.
TASK C
Provide and activate warranty service as described in Exhibit “B” attached hereto and incorporated herein as part of this Agreement.
Target Date: At completion of installation.
The Contractor 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 Contractor's work promptly, or delay or faulty performance by City, or governmental agencies.
SECTION 8: COMPENSATION TO CONTRACTOR
Final payment for the capital purchase of credit card-enabled single space parking meters, dome mount vehicle detection sensors and spare parts, including sales tax, shall be made in accordance with payment terms described in Section 10 (Method of Compensation) of the Agreement.
The prices reflected in Exhibit “A” shall remain fixed until June 30, 2026. Thereafter the prices will be adjusted as provided for in Exhibit “A” with effect from June 30, 2024.
Payment for fixed, ongoing services shall be made monthly in accordance with payment terms described in Section 10 (Method of Compensation) of the Agreement.
SECTION 9: RECORDS
Contractor shall maintain adequate records to permit inspection audit of Contractor's time-and-material charges under this Agreement. Contractor 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
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approval, funding or audit functions. Such records shall be maintained by the Contractor for three (3) years following completion of the work under this Agreement.
SECTION 10: METHOD OF COMPENSATION
The City shall compensate Contractor for all agreed-upon labor, materials, hardware components, and spare parts after receipt of Contractor’s invoice.
The City shall compensate Contractor for the fixed, ongoing wireless gateway/data fees, management system fees, vehicle detection sensor fees, and credit card transaction fees within thirty (30) days of receipt of Contractor’s invoice detailing all such charges. The Contractor shall provide documentation regarding time-and-material charges sufficient to meet normal auditing practice. Copies of the invoices for materials in excess of $500 and subcontractor charges shall be submitted with the request for periodic payment.
The City shall promptly review invoicing and notify Contractor 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 11: ITEMS TO BE DELIVERED TO CITY
Quantity and target date as agreed to by the parties in writing.
SECTION 12: DESIGN CHANGES OR REVISIONS
No design changes or revisions will be required and no payment therefor will be made except pursuant to the provisions of this Agreement. No extra compensation shall be paid the Contractor for revisions required by reason of omissions or errors by the Contractor in the preparation of the original document, plans, working drawings, or specifications. Changes to the scope of this Agreement shall be negotiated prior to commencement of extra work.
SECTION 13: ADDITIONAL SERVICES OUTSIDE SCOPE
Only after written authorization from the City, additional services that Contractor could provide, or cause to be provided, include the following:
A. Additional work related to the Project that is mutually unforeseen and not yet identified.
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Contractor will be compensated for Contractor time and direct personnel expenses as approved by the City. Payment for such additional services shall include Contractor's time at the rates shown in Exhibit "A".
SECTION 14: HOLD HARMLESS
To the furthest extent allowed by law, Contractor shall indemnify, hold harmless and defend City and each of its 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 Contractor, its principals, officers, employees, agents or volunteers in the performance of this Agreement.
If Contractor should subcontract all or any portion of the services to be performed under this Agreement, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
SECTION 15: INSURANCE
Throughout the life of this Agreement, Contractor 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 operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability of not less than the following:
$1,000,000 per occurrence
$2,000,000 general aggregate
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(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 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 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 limit of no less than $1,000,000 per accident for bodily injury or disease.
(iv) PROFESSIONAL LIABILITY (Errors and Omissions) insurance appropriate to Contractor’s profession, with limits of liability of $2,000,000 per claim/occurrence and $2,000,000 policy aggregate.
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Should Contractor maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor 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) Contractor 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, Contractor 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, Contractor 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 Contractor’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 the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made coverage form:
(i) The retroactive date must be shown, and must be before the effective date of this Agreement or the commencement of work by Contractor.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Agreement, whichever first occurs.
(iii) 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 work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Agreement, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review. (v) These requirements shall survive expiration or termination of the Agreement.
Contractor 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. Upon request of City, Contractor 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, Contractor 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 Contractor 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
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satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Agreement.
The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, 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 Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, employees, agents, persons under the supervision of Contractor, vendors, suppliers, invitees, Contractors, subcontractors, or anyone employed directly or indirectly by any of them.
If Contractor should subcontract all or any portion of the services to be performed under this Agreement, Contractor 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 Contractor and City prior to the commencement of any work by the subcontractor.
SECTION 16: OWNERSHIP OF WORK
All finished or unfinished documents, studies, reports, computer files and materials prepared by Contractor and subcontractors 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 Contractor shall be allowed to retain copies of documents for his permanent records, if desired.
SECTION 17: ASSIGNABILITY
Contractor 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 18: INTEGRATION; 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 19: NOTICES
Notices and requests to the City or Contractor shall be delivered at the following addresses, either served personally on the designated representative or by U.S. Postal Service at the following addresses:
City:
La Mesa City Manager
City of La Mesa
8130 Allison Avenue
La Mesa, CA 91942
(619) 667-1195
[email protected]
Contractor:
Chad Randall, Chief Operating Officer
IPS Group Parking & Telecommunications
7737 Kenamar Court
San Diego, CA 92121
(858) 568-7609
SECTION 20: DISPUTE RESOLUTION
The City shall require that all Contractors agree to submit any unresolved claims, counterclaims, disputes, controversies and other matters between them and the City or the Contractor and/or any subcontractors 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 21: TERMINATION OF AGREEMENT FOR CAUSE OR CONVENIENCE If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Agreement, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide written notice to the Contractor of such breach and afford the Contractor a ten (10) calendar day period in which to remedy such breach, failing which the City shall have the right to terminate this Agreement immediately by giving written notice to the Contractor of such termination and specifying the effective date thereof. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Contractor under this Agreement shall, at the option of the City, become its property and the Contractor 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 thirty (30) days written notice to Contractor. Upon receipt of said notice, the Contractor 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 Contractor shall be required to provide to City all finished or unfinished documents, data, studies, services, etc., prepared by the Contractor as may be requested by City and such work shall become City’s property upon payment to Contractor for the value of the work performed, less payments of compensation previously made.
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Notwithstanding the above, the Contractor 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 Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined.
SECTION 22: BUSINESS LICENSE
The Contractor, including all subcontractors, 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 Contractor until such business license has been obtained, and all fees paid therefor, by the Contractor and all subcontractors. Business license applications and information may be obtained from the Finance Department, City Hall, 8130 Allison Avenue, La Mesa, CA 91942-5502, (619) 667-1118 or online at cityoflamesa.us/buslic.
SECTION 23: 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 Contractor shall take appropriate steps to assure compliance.
SECTION 24: INTEREST OF CONTRACTOR AND EMPLOYEES; STATEMENT OF
ECONOMIC INTERESTS
The Contractor covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. City may require Contractor to complete and submit a Form 700, Statement of Economic Interests, in accordance with applicable law, to City Clerk.
SECTION 25: FACILITIES AND EQUIPMENT
Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
SECTION 26: INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement.
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SECTION 27: PERS ELIGIBILITY INDEMNIFICATION
In the event that Contractor’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, Contractor 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, Contractor’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 28: TIME
Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement.
SECTION 29: CONTRACTOR NOT AGENT
Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
SECTION 30: NON-DISCLOSURE
The designs, plans, reports, investigations, materials and documents prepared or acquired by the Contractor pursuant to this Agreement (including any duplicate copies kept by the Contractor) shall not be shown to any other public or private person or entity, except as authorized by the City.
The Contractor 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 31: SUBCONTRACTING
None of the services covered by the Agreement shall be subcontracted without the prior consent of the City. The Contractor shall be as fully responsible to the City for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall insert in each
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subcontract appropriate provisions requiring compliance with the labor standards provisions of this Agreement.
SECTION 32: CHANGES
The City may, from time to time, request changes in the Scope of Services of the Contract to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the City and the Contractor shall be incorporated to this Contract.
SECTION 33: JOB SITE SAFETY
The general or prime Contractor who is responsible for means, methods and procedures of the project shall be responsible for job site safety.
The prime contractor and all subcontractors of all tiers shall:
A. Be responsible for the safety of their respective employees as required by law.
B. Come under the jurisdiction and supervision of the general or prime contractor’s job site safety program.
C. Exercise reasonable care to avoid risk of injury to others as required by the professional standard of care.
SECTION 34: PREVAILING WAGES FOR PUBLIC WORKS PROJECTS
A. No professional Contractor 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.
SECTION 35: CONFLICT BETWEEN AGREEMENT AND OTHER DOCUMENTS In the event of a conflict between this Agreement and any documents incorporated by reference in this Agreement, the terms and conditions of this Agreement shall supersede those contained in any such document incorporated by reference.
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SECTION 36: 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 Contractor have executed the Agreement.
IPS Group Parking & Telecommunications
Date: By:
Chad Randall, Chief Operating Officer
CITY OF LA MESA,
A Municipal Corporation
Date: By:
Mark Arapostathis, Mayor
Date: Attest:
Megan Wiegelman, City Clerk
Date: By:
Greg Humora, City Manager
APPROVED AS TO FORM
CITY ATTORNEY
Attachments: Exhibit A – 2024 La Mesa Municipal Price List Exhibit B – Warranties
2024 LA MESA, CA MUNICIPAL PRICE LIST
SINGLE-SPACE AND SENSORS
CAPITAL AND ONGOING COSTS
M5™ Capital Costs New Factory
Certified*
M5™ IPS Credit Card-Enabled Single-Space Meter
(12-month warranty, NFC contactless, RFID tag) Quantity 0-500 $535.00 $395.00 M5™ IPS Credit Card-Enabled Single-Space Meter
(12-month warranty, NFC contactless, RFID tag) Quantity 501-1000 $525.00 $375.00 M5™ IPS Credit Card-Enabled Single-Space Meter
(12-month warranty, NFC contactless, RFID tag) Quantity 1000+ $515.00 $355.00 Optional: Add BLE capability $65.00 $65.00
Shipping (Ex Works – to be quoted based on ship to zip code) TBQ TBQ Installation (to be quoted based on scope) TBQ TBQ
Optional: Extended Warranty (12-month period) $50.00 $60.00 Optional: Extended Warranty (48-month period) $170.00 $200.00 M5™ Ongoing Fees Option 1 Option 2
Secure Wireless Gateway/Data Fee and Meter Management System Software License Fee (per meter per month) $6.60 $9.00
Secure Credit Card Gateway Fee (per transaction) $0.13 $0.07 Optional: Merchant Processing Fees (per transaction) To be quoted based on volume Optional: API or Data Integration Services To be quoted based on the need
VEHICLE DETECTION SENSORS CAPITAL AND ONGOING COSTS
Vehicle Detection Sensors Capital Costs Price per unit
Dome Mount Vehicle Detection Sensors (includes 12-month warranty) $295.00 Shipping (Ex Works – to be quoted based on ship to zip code) TBQ Installation (to be quoted based on scope) TBQ
Vehicle Detection Sensors Ongoing Costs Cost per space per month Management System/Base Data Fee $3.50
Optional: Real Time Reporting Fee $3.00
Exhibit "A"
SPARE PARTS
M5™ Spare Part Pricing M5™
Single Space Electronic Meter Mechanism $535.00
Card Entry Keypad Assy $65.00
Hybrid Card Reader $75.00
Coin Validator $95.00
Complete Top Cover (with Lexan insert) $85.00
Lexan for Top Cover $25.00
Coin Entry Slot $2.00
M5 Battery Pack (H3) $49.00
M5 Battery Pack (H5) (available on the 147/247 models only) $60.00 Solar Panel / Communications Board $185.00
Main Board $185.00
Display Board $125.00
Display Board with NFC $145.00
BLE Beacon Upgrade $65.00
RFID Tag $10.00
MK5 Batter Charger (daisy chain charging unit) $125.00
Card Reader Cleaning Card featuring Waffletechnology® (40) per box $54.00 Sensor Spare Part Pricing In-Dome Pole
IPS vehicle detection sensor $295.00 $295.00
Battery Replacement (per D-cell) $20.00 $20.00
NOTE: This pricing is FOB, IPS Group, San Diego, CA. Sales taxes and shipping charges will be added to the final invoice. IPS shall have the right to adjust Agreement pricing due to increases in Inflation as published by the US Bureau of Labor Statistics for All Items Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average compounded annually. *Factory Certified meters are previously owned or trial meters but 100% inspected by IPS factory and carry standard 12-month warranty.
METER HOUSINGS & COLLECTION EQUIPMENT
METER HOUSINGS & ACCESSORIES
Product/Service Price per unit
IPS Zinc top over Iron Vault-M90 style (large vault, std. IPS locks, black/grey color) $275.00 IPS All Iron -M95 style (large vault, std. IPS locks, black/grey color) $275.00 High Capacity Coin Can with IPS locks
(holds approx. $65-fits M90 or M95 style housings) $50.00 Small Capacity Coin Can with IPS locks
(holds approx. $45) $35.00
Standard IPS Locks $25.00
Standard IPS Keys $15.00
Yoke Assembly (Twin Mounting Adapter) std. black color (add $15 if new mounting hardware is required $85.00
Meter Poles (Schedule 40 -2” ID -Galvanized) $55.00
Vintage Sleeve – std. black color $55.00
Vintage Base- std. black color $65.00
Collar for Vintage Sleeve – std. black color $35.00
Medeco/Abloy Mechanical Lock (lock only) $55.00
Medeco E-Lock (lock only)
(NOTE: additional Medeco e-lock accessories require separate quote) $195.00 Shipping and Installation (per unit) – During normal business hours. (Ex Works –to be quoted based on final scope of work. TBQ
COLLECTION SYSTEMS & ACCESSORIES
Product/Service Price per unit
Collection Cart Only (standard) $500.00
Collection Cart Only (with enhanced suspension) $795.00 Standard Collection Head $500.00
Coin Collection Canister - Steel or Aluminum $500.00
NOTE: This pricing is FOB, IPS Group, San Diego, CA. Sales taxes and shipping charges will be added to the final invoice. IPS shall have the right to adjust Agreement pricing due to increases in Inflation as published by the US Bureau of Labor Statistics for All Items Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average compounded annually.
REPLACEMENT PARTS & REPAIR SERVICES
IPS shall provide warranty and non-warranty repair services based out of our office in San Diego, CA. For repair services not able to be first achieved on-site by the Customer or by phone, these meters will be returned to IPS at 7737 Kenamar Court, San Diego, CA, 92121, for repair or rework, and IPS will endeavor to ship within 3-4 weeks of receipt, depending on the quantities received and work schedules. ALL RETURNS REQUIRE AN “RMA” NUMBER prior to shipment to IPS in order to avoid additional delays. An RMA may be requested by contacting the responsible IPS customer support manager, by contacting the IPS Help desk, phone (877) 630-6638 or (858) 404-0607) or email ([email protected]). All items returned to IPS must be securely packaged to avoid further damage in shipment and all shipments will be via Ground Freight Service unless expedited service and payment of associated fees are requested. Automated RMA tracking, including work performed to repair meters, can be viewed at any time using IPS meter management system.
Product/Service Price per unit
Single Space M5™ Non-Warranty repair work (includes parts/labor) $95.00 + shipping
Multi-Space MS1™ / MS3™
Non-Warranty repair work
To be
quoted
On-site technical services: shall be quoted to include labor, travel costs, accommodation, car rental, and per diem costs. Spare Parts shall be quoted and added to final costs based on the identified needs.
$995/day +
parts
Shipping costs for any of the above shall be added to the final invoice TBQ NOTE: This pricing is FOB, IPS Group, San Diego, CA. Sales taxes and shipping charges will be added to the final invoice. IPS shall have the right to adjust Agreement pricing due to increases in Inflation as published by the US Bureau of Labor Statistics for All Items Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average compounded annually.
ON-SITE MAINTENANCE SERVICES
IPS can offer on-site technician services either part-time or on a full-time basis. The costs of the services are outlined below:
Item Units Unit Price
Part-Time IPS Technician Per day $995/technician/day
Full-Time IPS Technician Per month TBQ is based on the scope of services. Would be inclusive of technician and IPS vehicle.
COUPON SMARTER
Product/Service Price per unit
CouponSmarter for MSM’s $5.00 per meter / month
CouponSmarter for SSPM’s $0.50 per meter / month
Minimum Monthly Charge $100.00
MOBILE PAYMENTS
PARK SMARTER™ & TEXT-TO-PAY™ MOBILE PAYMENT SOLUTION
Per Transaction Fees Fees
Secure Credit Card Gateway / Convenience Fee (per transaction)* $0.35 Optional: Pushing Time to Meter $0.10
Optional: Merchant Processing Fees (per transaction) TBQ *Per transaction fees: IPS shall charge a user convenience fee described above, which shall be deposited with the client and invoiced monthly. Alternatively, IPS can quote a combination of fees plus merchant fees that can be paid directly from the merchant account.
Preferred Card Processing Rates: Using our own payment provider IPS can provide preferred pricing for small-ticket mobile payment merchant processing. Quotes for this service are available upon request
Product/Service Price per unit
Mobile payment decals for SSPM (Front/Back) $4.50
Mobile payment decals for SSPM (Side) $3.95
Mobile payment decals for MSM $14.95
Decal Shipping TBQ
On-site Setup and Installation see below
Additional signage or scope of work to be quoted upon request TBQ On-site setup: IPS shall provide the client with instructions on how to set up / install decals in support of the PARK SMARTER™ mobile payment application. However, IPS will send staff to provide installation and setup services. The costs for these services will be based on the costs of travel, rental car, hotel, and per diem expenses and will be added to the setup invoice at the completion of the service.
IMPLEMENTATION WITH 3RD PARTIES
Product/Service Price per unit
Implementation with 3rd party for enforcement TBQ
Customizations $200/hr
Implementation: IPS shall integrate with 3rd party enforcement software or IPS can provide the client with IPS enforcement software at prices not included in this proposal. Any client designated 3rd party that charges IPS for integration services will be passed along to the client.
NOTE: This pricing is FOB, IPS Group, San Diego, CA. Sales taxes and shipping charges will be added to the final invoice. IPS shall have the right to adjust Agreement pricing due to increases in Inflation as published by the US Bureau of Labor Statistics for All Items Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average compounded annually.
IPS LIMITED WARRANTY – METER SOLUTION
IPS will provide a limited parts warranty for any new meter or sensor product manufactured and supplied by IPS for 12 months under normal use. The warranty protects against defects in materials and workmanship from the point of installation or 15 months from the date of delivery, whichever is sooner, and 90 days from the date of delivery received in the case of spare or repaired products. Software Services are provided “asis” and IPS shall provide bug fixes at no cost during the contract term.
Additional Warranty Provisions: IPS must have the opportunity to assist in the initial deployment and system installation. Repair or replacement under warranty of any defective product (including any meter or subcomponent) does not extend the warranty period for that product or subcomponent. IPS will either repair or replace products or subcomponents, at our discretion, that are found to be defective within the defined warranty period, with transportation costs prepaid by the customer. Returns for credit will only apply once IPS has received a defective product (including any meter or subcomponent) and confirmed that
defects were within the warranty period and are covered under the terms and conditions of the warranty provided. IPS strongly recommends that customers pre-purchase spare parts inventory for immediate access. Defective parts can be replaced immediately from customer stock and IPS shall replace such components upon receipt and determination of defect. On-site labor is explicitly not included in this limited warranty. Customer shall be sufficiently trained to perform all on-site work, including meter or subcomponent removal/replacement. IPS can provide additional on-site services under a separate maintenance agreement or quoted on an as-needed basis. THE WARRANTIES CONTAINED IN THE AGREEMENT DOCUMENTS ARE IPS’S SOLE AND EXCLUSIVE WARRANTIES. THE EXTENT OF IPS’S LIABILITY FOR A
WARRANTY CLAIM IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE EQUIPMENT OR DEFECTIVE SERVICE OR SOFTWARE AT THE SOLE OPTION OF IPS. IPS AFFIRMATIVELY EXCLUDES ANY AND
ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN),
WITH RESPECT TO THE EQUIPMENT AND/OR SERVICES OR SOFTWARE PROVIDED INCLUDING ANY AND ALL
IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY
PURPOSE (WHETHER OR NOT IPS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE
IN FACT AWARE OF ANY SUCH PURPOSE) WHETHER ARISING BY LAW OR BY REASON OF CUSTOM OF THE TRADE.
Exclusions: Warranty voided with use of imitation or non-genuine IPS replacement parts, un-authorized alterations, abuse, vandalism, improper installation by customer, handling or general misuse to the equipment (hardware or software), including attempted repairs that result in damage. The warranty specifically excludes any consumable items such as paper, batteries, etc. Software warranty is void if usernames and/or passwords are shared with third parties, or allowance of third party access to IPS software without IPS written consent. Force Majeure: IPS shall not be liable for any warranty provisions where such product failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, internet services or cellular telecommunication failures caused by any of the events or causes described above. IPS provides no warranty with respect to any third-party hardware or software, whether supplied in connection with this Agreement or otherwise.
Preventative Maintenance: The primary operational elements will be a working battery, card reader, coin validator and printer (if applicable). All product surfaces should be kept clean with mild soap and water. No harsh chemicals should be used on any plastic surfaces. The card reader heads should be cleaned with a cleaning card every 1-2 months to ensure optimum performance. Cleaning cards may be purchased from IPS. Batteries should be replaced when notified by the IPS Data Management System. At 6-month increments, the coin validator shall be visually inspected for any damage or debris. Compressed air may be used to keep the card reader, coin acceptor or printer (if applicable) clear of debris, every 6 months.
Additional preventative maintenance shall be administered by customer staff at such time as it is apparent to be necessary, even if it should occur on a more frequent basis than described herein.
1. Warranties.
1.1. IPS shall provide a limited 12-month warranty on the Equipment as described in Attachment C, being the IPS Limited Warranty. Extended warranties are available for an additional fee.
1.2. IPS shall provide technical support via telephone Mondays through Fridays from 8:00 AM to 4:00 PM PST. IPS can provide on-site services at the MUNICIPALITY’s request. Lead times and costs for such services will be provided at the time of the request. IPS shall ensure the availability of current manuals and shall provide all manuals for any future upgraded or new services to the MUNICIPALITY.
1.3. Wireless Coverage & Longevity: IPS does not operate a mobile wireless network but relies on third party carriers for this service. MUNICIPALITY agrees that it is not a 3rd party beneficiary from any agreements between IPS and its carrier partners, and as there is no direct contract between the MUNICIPALITY and the carrier for this Agreement, the wireless carrier shall have no liability of any kind created by this Agreement. Carriers from time to time may change coverage areas, wireless technology platforms or make other network changes that are not within the control of IPS. During the term of this Agreement, IPS shall provide the MUNICIPALITY the ability to upgrade or change carriers as needed, at the prices contained herein provided that the new carrier’s rates to IPS are not increased, or at such prices as may be agreed. Any such change or upgrades shall be at the sole cost and discretion of the MUNICIPALITY.
1.4. IPS warrants that the software Services will substantially conform to the applicable scope of work.
IPS does not warrant that the software Services will operate uninterrupted or error-free. IPS will use commercially reasonable efforts to deliver to the MUNICIPALITY software Services free from any viruses, programs, or programming devices designed to modify, delete, damage or disable the software Services or MUNICIPALITY data.
1.5. MUNICIPALITY warrants that it shall not share usernames or passwords to allow any 3rd party, including but not limited to consultants, agents, or any other individuals, to gain access to Equipment and Services of any kind without the written permission of IPS. MUNICIPALITY further agrees to not do anything that could potentially compromise the security of IPS Equipment and Services or use IPS Equipment and Services in any manner which could violate local, provincial, state or federal law.
1.6. THE WARRANTIES CONTAINED IN THE AGREEMENT DOCUMENTS ARE IPS’S SOLE AND EXCLUSIVE WARRANTIES. IPS AND ITS 3RD PARTY SUPPLIERS PROVIDE SOFTWARE SERVICES “AS IS”. THE EXTENT OF IPS’S LIABILITY FOR A WARRANTY CLAIM IS LIMITED
TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE EQUIPMENT OR DEFECTIVE SOFTWARE SERVICE. IPS DOES NOT PROVIDE ANY WARRANTY OF ANY KIND WITH REGARDS TO 3RD PARTY EQUIPMENT, WIRELESS COVERAGE OR SOFTWARE
SERVICES, WHETHER SUPPLIED IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE. IPS AND ITS 3RD PARTY SUPPLIERS AFFIRMATIVELY EXCLUDE ANY AND
ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR
IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE EQUIPMENT AND/OR SERVICES Exhibit "B"
PROVIDED INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE,
MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR
NOT IPS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN
FACT AWARE OF ANY SUCH PURPOSE) WHETHER ARISING BY LAW OR BY REASON OF CUSTOM OF THE TRADE.
1.7. The provisions of this Section will survive expiration or termination of this Agreement.
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: July 23, 2024
SUBJECT: RESOLUTION AUTHORIZING THE HIRING OF
RETIRED ANNUITANT PURSUANT TO GOVERNMENT
CODE SECTIONS 7522.56 AND 21221(H)
DESCRIPTION: CONSIDERATION OF AN EMPLOYMENT AGREEMENT
WITH CHARLES STRICKLAND FOR THE INTERIM
APPOINTMENT TO THE POSITION OF FIRE MARSHAL
ISSUING DEPARTMENT: Human Resources
SUMMARY:
Issue:
Should the City Council authorize the City Manager to sign the attached employment agreement with retired annuitant Charles Strickland for the interim appointment to the position of Fire Marshal?
Recommendation:
1. The City Council adopt the attached resolution authorizing the hiring of retiree Charles Strickland as a retired annuitant in compliance with Government Code sections 7522.56 and 21221(h).
2. The City Council authorize the City Manager to sign the attached employment agreement with Charles Strickland for the interim appointment to the position of Fire Marshal.
Fiscal Impact:
No impact; the Fire Marshal position is currently fully funded in the Fiscal Year 2024-25 budget.
Report to Mayor and Councilmembers
Date: July 23, 2024
Page: 2 of 3
City’s Strategic Goals:
Maintain a community where residents and visitors feel safe.
BACKGROUND:
The City’s former Fire Marshal resigned on July 1, 2024. This position is vital to the daily functions of the City of La Mesa. The Fire Marshal supervises the Fire Prevention Bureau comprised of a staff of civilian, non-safety employees, in addition to providing service to the Heartland Fire and Rescue agencies. There is a need to fill this integral management position on an interim basis while the City recruits for a permanent replacement. The Human Resources Division will open the recruitment before the retiree is appointed.
DISCUSSION:
The Fire Marshal is a highly visible position that manages difficult and complex inspections of industrial and residential properties and places of assembly; coordinates and performs plan examinations, inspections, and enforcement for fire protection systems within State/Federal fire codes and regulations. While the City works to attract a qualified candidate, the City would be best served by retaining a qualified professional with experience directing the activities of Fire Prevention. Staff recommends contracting with a retired California Public Employees' Retirement System (CalPERS) annuitant that can fulfill the City’s immediate needs. Government Code Section 21221 (h) permits retired annuitants under CalPERS to be employed without reinstatement from retirement upon appointment by a public agency to fill a vacant position on an interim basis. The provisions of Government Code Section 21221 (h) stipulate the following:
The appointment must be an interim appointment (i.e., the retiree is not being hired as a permanent employee).
There must be an open recruitment to permanently fill the vacant position before the retiree is appointed.
The retiree can be appointed only once to this position (the employment agreement must specify an end date of the appointment).
There is some showing in the retiree's work history that they have previous experience and the skill set needed to perform the work required. The appointment of the retiree is documented by the employer's governing body. The retiree is limited to working a maximum of 960 hours per fiscal year for all
Report to Mayor and Councilmembers
Date: July 23, 2024
Page: 3 of 3
CalPERS employers.
The rate of pay range for these appointments is the monthly rate of pay band for the vacant position. The compensation paid to the retiree must be within the monthly rate of pay range, i.e., cannot be less than the minimum or exceed the maximum monthly base salary. No other benefit, incentive, compensation in lieu of benefits, or other form of compensation can be paid in addition to this hourly pay rate.
The retiree must be enrolled as a retired annuitant and pay rate with hours worked must be reported to CalPERS. No retirement contributions will be reported by the employer or member for retired annuitants.
Staff proposes hiring Mr. Strickland on an interim basis. Mr. Strickland previously worked at the City of La Mesa as a Fire Division Chief and is highly qualified to serve in this capacity. The appointment will end prior to the start date of a full-time permanent Fire Marshal appointee, unless terminated earlier by either party.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Gretchen Spaniol
City Manager Director of Human Resources
Attachments:
1. Resolution authorizing the hiring of a retired annuitant pursuant to Government Code Sections 7522.56 and 21221(h)
2. Agreement for Temporary Employment – Charles Strickland
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AUTHORIZING THE HIRING OF A RETIRED ANNUITANT PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21221(h)
________________________________________________________________ WHEREAS, Government (Gov.) Code section 21221(h) of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; WHEREAS, the City of La Mesa desires to appoint Charles Strickland as an interim appointment retired annuitant to the vacant position of Fire Marshal for the City of La Mesa under Gov. Code section 21221(h), effective July 24, 2024; WHEREAS, Charles Strickland, a former City of La Mesa Division Fire Chief, retired from public service under the California Public Employees’ Retirement System (CalPERS) on or about December 31, 2011;
WHEREAS, Government Code Section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date; which occurred on or about July 1, 2011, without a certification resolution from the City Council; WHEREAS, an appointment under Government Code section 21221(h) requires an active, publicly posted recruitment for a permanent replacement; WHEREAS, the governing body has authorized the search for a permanent appointment to begin no later than July 29, 2024;
WHEREAS, this Government Code Section 21221(h) appointment shall only be made once and will end and will end prior to the start date of a full-time permanent Fire Marshal appointee, unless terminated earlier by either party;
WHEREAS, the entire employment agreement, contract or appointment document between Mr. Strickland and the City of La Mesa has been reviewed by this body and is attached herein;
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate;
WHEREAS, the minimum base monthly salary for this position is $11,456 and the hourly equivalent is $66.09 and the maximum monthly base salary for this position is to $13,925 and the hourly rate is equivalent to $80.34;
WHEREAS, the hourly rate paid to Mr. Strickland will be $72.12; and WHEREAS, Mr. Strickland has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City Council hereby certifies the nature of the appointment of Mr. Charles Strickland as described herein and detailed in the attached employment agreement and that this appointment is necessary to fill the critically needed position of Fire Marshal for the City of La Mesa by July 24, 2024, because his employment is needed to provide day-to-day management of fire prevention and the service it provides to the La Mesa residents within the Heartland Fire and Rescue agencies until a permanent Fire Marshal is hired.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 23rd day of July 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)
AGREEMENT FOR TEMPORARY EMPLOYMENT
This Agreement is made and entered into this 24th day of July 2024, by and between the City of La Mesa, a municipal corporation organized and operating pursuant to the laws of the State of California ("City”), and Charles Strickland, an individual (“Retiree”) (this “Agreement”).
RECITALS
WHEREAS, City’s Fire Marshal position is a regular position that is currently vacant as of July 1, 2024, and information regarding the recruitment for Fire Marshal will be posted no later than July 29, 2024;
WHEREAS, during this recruitment period, City will have an immediate need for an employee to temporarily perform duties of the Fire Marshal, a position involving specialized skills in senior management and leadership skills in fire prevention; WHEREAS, Retiree is competent and qualified to perform the services required by this Agreement, and City wishes to have Retiree perform certain critically necessary on-going duties and functions of the Fire Marshal position on an interim basis; WHEREAS, Retiree’s employment is authorized by Government Code section 21221(h), which permits City to appoint a retired annuitant from the California Public Employees’ Retirement System (CalPERS) to a vacant position requiring specialized skills during recruitment for a permanent replacement;
WHEREAS, the parties have determined that Retiree is specially trained, experienced, competent and possesses the requisite specialized skills and training necessary to perform satisfactorily pursuant to this Agreement;
WHEREAS, Retiree certifies he is above normal retirement formula age and has not received an early retirement incentive;
WHEREAS, Retiree retired from the City of La Mesa on December 31, 2011; WHEREAS, Retiree certifies he has not received any unemployment insurance compensation arising out of public employment for the 12-month period preceding the effective date of this Agreement;
WHEREAS, accordingly, City shall compensate Retiree pursuant to Government Code Sections 7522.56 for his performance related to this Agreement.
NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CITY and Retiree agree as follows:
1.0 DUTIES; CONFLICT OF INTEREST
1.1 City and Retiree agree that any and all duties, obligations, roles and responsibilities required of Retiree by City arise solely and exclusively pursuant to this Agreement.
1.2 Retiree covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with his performance pursuant to this Agreement. Retiree further covenants that in the performance of this Agreement he shall be subject to and abide by the provisions of the Political Reform Act (Government Code Section 81000 et seq.) and City’s Conflict of Interest Code.
2.0 TERM
2.1 The term of this Agreement shall be for a limited duration beginning on July 24, 2024, and will end prior to the start date of a full-time permanent Fire Marshal appointee, unless terminated earlier by either party.
2.2 This Agreement may be terminated immediately by City upon written notice. Retiree acknowledges and agrees that he shall serve at the general direction of the City Manager or his or her designee on an “At Will” basis and without due process and/or property rights to such employment or rights to appeal.
2.0 COMPENSATION; EMPLOYEE STATUS
3.1 Rate of Pay: Retiree shall be paid hourly based on a full-time monthly salary of $12,500 ($72.12/hour). City has confirmed that this rate is not less than the minimum, nor in excess of the maximum, paid by City to other employees performing comparable duties (Fire Marshal) as listed on City’s publicly-available pay schedule. The Fire Marshal’s salary range is a minimum monthly salary of $11,456 ($66.09 per hour) and a maximum monthly salary of $13,925 ($80.34 per hour). Such compensation shall be the sole compensation for his services under this Agreement.
Retiree acknowledges and agrees that he shall have no rights to any other benefits, including vacation, retirement, or otherwise which accrue to other employees of City, and hereby expressly waives any claim to any such rights.
3.2 Retiree agrees to provide the services to City required pursuant to this Agreement as a Retiree of City of La Mesa; accordingly, therefore, City and Retiree agree that City shall indemnify Retiree as if he is a regular employee pursuant to the provisions of Title 1, Division 3.6 of the Government Code. Retiree’s compensation shall be subject to all required deductions and withholdings as any other employee of City; provided, however, that no deductions or withholdings shall be made for the purpose of contributions to any employment benefits regularly provided to City employees.
3.3 Work Schedule and 960-Hour Limitation: Retiree is expected to devote the necessary time, within and outside normal business hours, to the business of City. Retiree may use his judgment (consistent with his experience and with standards of practice in the industry) to determine his specific hours and his work tasks performed or work events attended, subject to the direction and oversight of the Director of Administrative Services. City retains the right to designate, reduce, change, or amend the number of hours assigned to Retiree consistent with City’s
workload and other needs. Retiree shall be responsible for keeping track of his hours worked.
Retiree must submit his record of hours worked to the Finance Department according to the same schedule and procedures as other City employees. City will provide Retiree with copies of the hours reports periodically submitted to CalPERS regarding his employment with City.
3.4 The position is exempt from FLSA overtime pay requirements. This temporary, full-time employment typically averages approximately 40 hours per week. Retiree’s typical working hours shall be on an agreeable work schedule during City’s regular business hours, plus evening hours as needed to attend City Council meetings and other City business. Due to the nature of the position, however, it is understood that the working hours may exceed 40-hours per work week and may occasionally be slightly less than 40 hours per week. All hours worked must be tracked and submitted to City pursuant to this Agreement for the purpose of counting against the 960-hour per fiscal year limitation.
3.5 Retiree understands that he is not a member of any bargaining unit nor benefitted or obligated by the terms of any Memorandum of Understanding with any represented or unrepresented group of City employees.
3.6 Retiree understands and agrees that the terms of his employment are governed only by this Agreement and that no right of employment for any specific term is created by this Agreement. Retiree further understands that he acquires no property interest in his employment by virtue of this Agreement, and that the employment is “at-will” as defined by laws of the State of California. The Parties agree that confidential personnel records pertaining to Retiree’s employment and eventual release from employment shall remain confidential to the extent permitted by law.
3.7 Retiree understands that CalPERS retired annuitants may be employed by a CalPERS public agency employer, by temporary appointment not to exceed 960 hours in any fiscal year for all such employers; either (1) during an emergency to prevent stoppage of public business, or (2) because the retired employee has skills needed in performing the work of limited duration.
Retiree agrees not to perform work for any other CalPERS agency during the period of employment for City under this Agreement.
3.8 City makes no representation on the impact, if any, this Agreement shall or may have upon Retiree’s CalPERS retirement benefits, status, duties, and/or obligations. Retiree acknowledges that in entering into this Agreement, he has not relied upon any such representations (none of which being in existence) in assessing the CalPERS-related impact of his employment.
Therefore, Retiree releases City from any and all CalPERS-related claims or liabilities that may arise in connection with his employment pursuant to this Agreement.
City is not obligated to provide, and Retiree is not entitled to receive from City, enrollment in CalPERS, unless Retiree is currently a member of CalPERS through prior employment.
3.9 In compliance with CalPERS regulations and requirements, the Parties expressly agree that Retiree cannot and shall not perform any “volunteer” work to City during his employment under this Agreement.
3.10 In the event that Retiree providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS of City, Retiree shall indemnify, defend, and hold harmless City for the payment of any employee contributions for CalPERS benefits on behalf of the Retiree.
3.11 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Retiree providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any other compensation and benefit.
4.0 GENERAL EXPENSES
City recognizes that certain reasonable expenses of a non-personal and job-affiliated nature, as authorized in writing by City, may be incurred by Retiree. City agrees to reimburse Retiree for said City related expenses.
5.0 OTHER TERMS AND CONDITIONS OF APPOINTMENT
City, in consultation with Retiree, shall fix any other such terms and conditions of employment as it may deem necessary from time to time relating to the performance of Retiree pursuant to this Agreement provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Municipal Code or any other applicable law or regulation.
6.0 NOTICES
Notice pursuant to this Agreement shall be given by deposit in the custody of the United States Postal service, postage prepaid, addressed as follows:
City of La Mesa
Attn: Director of Human Resources
8130 Allison Avenue
La Mesa CA 91942
Charles Strickland
8130 Allison Ave
La Mesa, CA 91942
Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service.
7.0 GENERAL PROVISIONS
7.1. The text herein shall constitute the entire agreement between the parties.
7.2 Retiree shall not assign any interest in this Agreement, and shall not transfer any interest in the same without the prior written consent of City.
7.3 Retiree agrees that all documents and writings of any type produced in the performance of this Agreement and delivered to City or staff shall be the sole property of City including all rights therein of whatever kind and whether arising from common or civil law or equity.
Upon termination of this Agreement for any reason, or upon expiration of this Agreement, all such
documents and writings produced in the performance of this Agreement shall be transferred to and become the property of City upon its request without additional compensation.
7.4 If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.
7.5 This Agreement shall be governed by the laws of the State of California and any litigation brought pursuant to it shall be in San Diego County. Retiree expressly waives any rights he might otherwise have as provided in Code of Civil Procedure Section 394 to remove any action from San Diego County.
7.6 This Agreement constitutes the entire agreement between City and Retiree and supersedes and replaces any and all prior or contemporaneous agreements, understandings or commitments between City and Retiree. No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of both City and Retiree.
7.7. This Agreement may be signed in counterpart or duplicate copies and any signed counterpart of duplicate copy shall be equivalent to a signed original for all purposes.
7.8 This Agreement shall not be construed against any one party, but shall be construed as if jointly prepared by City and Retiree.
IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed by the City Manager on behalf of City, the parties execute this Agreement the day and year first above written.
RETIREE CITY OF LA MESA
_________________________________ __________________________________ Charles Strickland Greg Humora, City Manager
__________________________________ ____________________________________ Date Date
APPROVED AS TO FORM:
__________________________________ ____________________________________ Glenn Sabine, City Attorney Date
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: July 23, 2024
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING
TITLE 24 (ZONING) OF THE LA MESA MUNICIPAL
CODE
DESCRIPTION: Consideration of an ordinance amending Title 24 (Zoning) of the La Mesa Municipal Code to implement state law
(AB1397) that requires by-right approval for projects with 20% affordable units on “Reuse” sites pursuant to
California Government Code Section 65583.2. This action is in compliance with the 6th Cycle Housing Element,
Implementation Program 8.
ISSUING DEPARTMENT: Community Development
SUMMARY:
Issues:
Pursuant to Government Code 65583.2(c) and in compliance with the City of La Mesa 6th Cycle Housing Element (Housing Element Implementation Program 8), Should the City Council amend the Zoning Ordinance allow a by-right approval process for projects that provide 20% affordable units on “reuse” sites? Recommendation:
That the City Council introduce the first reading of the Ordinance (Attachment A) to amend Title 24 (Zoning) of the La Mesa Municipal Code to allow by-right approval for projects with 20% affordable units, on “reuse” sites pursuant to California Government Code Section 65583.2 and find that the proposed amendments are consistent with the General Plan, in compliance with the Housing Element (Implementation Program 8).
Report to Mayor and Councilmembers
Date: July 23, 2024
Page: 2 of 4
Fiscal Impact:
There would be no impact to the General Fund related to this project. The City of La Mesa policy is to recover 100% of the cost of staff time through project application processing fees.
City’s Strategic Goals:
Promote a high quality of life that current and future generations can afford to call home.
Environmental Review:
The project is exempt from environmental review pursuant to CEQA Code Section 15282. OTHER STATUTORY EXEMPTIONS (r) Determinations made regarding a city or county’s regional housing needs as set forth in Section 65584 of the Government Code.
BACKGROUND:
In 2017, the California legislature passed a “housing package” of 15 bills that increased both the available financing of affordable developments and the obligation of local governments to plan, zone, and approve affordable housing developments. One of those bills was AB 1397, which added additional specifications to the Housing Element Law that identified and made sites available for the Regional Housing Needs Allocation (RHNA) for lower-income households.
The City’s 6th Cycle Housing Element (Housing Element), adopted by the City of La Mesa City Council on July 27, 2021, and certified by the Department of Housing and Community Development (HCD) on July 6, 2023, outlined goals and policies implemented through a series of housing implementation programs. Pursuant to state law (Government Code section 65583.2 (c)), Housing Element Implementation Program 8 provides that the City will amend the Zoning Ordinance to allow for by-right approval of housing developments that include 20% of the units as affordable to lower income households when the project is proposed on sites identified as “reuse” sites in the Housing Element. Reuse sites are those sites identified in the 4th and 5th Housing Cycles and relisted in the 6th Cycle Housing Element (Attachment B). Although there is a total of 152 sites identified and listed, a number of sites would require lot consolidation in order to maximize applicable development capacity.
On July 8, 2024, at a duly noticed public hearing, the Planning Commission approved Resolution Number PC-2024-07 (Attachment C), recommending that the City Council
Report to Mayor and Councilmembers
Date: July 23, 2024
Page: 3 of 4
amend Title 24 of the La Mesa Municipal Code in compliance with state law, pursuant to Government Code section 65583.2, and in compliance with the City’s Housing Element Implementation Program 8 (Attachment D).
DISCUSSION:
In addition to meeting state law and the City’s Housing Element, a by-right approval process for projects on “reuse” sites that provide 20% affordable units would provide an opportunity for the City to further meet its Regional Housing Needs Allocation (RHNA) goals. RHNA is a process where local governments are given a minimum number of new homes to plan for. RHNA sites are identified by considering zoning regulations, environmental considerations, and community input. The City of La Mesa’s share of regional future housing needs is a total of 3,797 new units for the 2021-2029 Housing Element. This allocation is distributed into various income categories, as shown in Table 1 below.
Table 1: Housing Needs for 2021-2029 Housing Element
Income Category (% of County AMI) Number of
Units Percent
Extremely Low (30% or Less) 429 11.3%
Very Low (31 to 50%) 430 11.3%
Low (51 to 80%) 487 12.8%
Moderate (81% to 120%) 577 15.2%
Above Moderate (Over 120%) 1,874 49.4%
Total 3,797 100.0%
Source: Final Regional Housing Needs Allocation, SANDAG, August 2020.
A by-right approval process would involve no hearings to obtain project approval, and a building permit could be issued if the project meets all objective zoning and design standards in effect at the time the application is submitted. Further, the proposed amendment to Title 24 (Zoning) would ensure that the City of La Mesa is in compliance with state housing law pursuant to Government Code 65583.2(c) and the City’s Housing Element (Implementation Program 8).
Report to Mayor and Councilmembers
Date: July 23, 2024
Page: 4 of 4
CONCLUSION:
The proposed amendment to the Zoning Ordinance is statutorily required pursuant to state housing law. Therefore, staff recommends that the City Council accept the Planning Commission’s recommendation to amend Title 24 (Zoning) of the La Mesa Municipal Code to allow for a by-right approval process for projects with 20% affordable units on “reuse” sites pursuant to California Government Code Section 65583 and in compliance with the City’s Housing Element. The proposed Zoning Ordinance amendment will assist the City in further meeting its Regional Housing Needs Allocation (RHNA) goals and will support the City of La Mesa’s Livability Goal in the Strategic Plan by ensuring an adequate supply of housing that is affordable and accessible to current and future generations.
Reviewed by: Respectfully submitted by:
Lynnette Santos
____________________ ____________________________
Greg Humora Lynnette Santos
City Manager Community Development Director
Attachments:
A. Ordinance 2024-XX
B. Appendix B – “Reuse” Sites Inventory
C. PC-2024-07 – Planning Commission Resolution (Approval Recommendation)
ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA
AMENDING THE LA MESA MUNICIPAL CODE TO ADD A NEW SECTION
24.05.020(A)(6) TO AUTHORIZE BY-RIGHT APPROVAL FOR PROJECTS WITH 20% AFFORDABLE UNITS ON REUSE SITES AS DEFINED PURSUANT TO GOVERNMENT CODE SECTION 65583.2 AND IN COMPLIANCE WITH THE 6TH CYCLE HOUSING ELEMENT, IMPLEMENTATION PROGRAM 8
WHEREAS, in 2017, the California legislature passed AB 1397, which strengthens and adds specifications to Housing Element Law, Government Code Sections 65580, 65583, and 65583.2, to identify and make sites available for the Regional Housing Needs Allocation (RHNA) for lower-income households;
WHEREAS, AB 1397 applies to housing element updates beginning January 1, 2018 and amends Housing Element Law (see specifically Government Code 65580, 65583, 65583.2); WHEREAS, Government Code Section 65583.2 adds specifications to Housing Element Law that authorizes by-right approval for projects with 20% affordable units on "Reuse Sites”; WHEREAS, ”Reuse Sites” are those sites identified in the 4th and 5th Housing Cycles and relisted in the 6th cycle 2021-2029 Housing Element (Housing Element), as listed in Appendix D of the Housing Element;
WHEREAS, the Council adopted the Housing Element on July 27, 2021, including Housing Element Program 8, which requires that the City will amend the Zoning Ordinance to allow for by-right approval of projects with 20% Affordable Units on ”Reuse Sites”; WHEREAS, this Ordinance would authorize a by-right approval process for projects with 20% affordable units on ”Reuse Sites” and would ensure compliance with Housing Element Law pursuant to Government Code Section 65583.2;
WHEREAS, this Ordinance would also ensure compliance with the City’s Housing Element, certified on July 6, 2023, by the California Department of Housing and Community Development (HCD);
WHEREAS, the Planning Commission adopted Resolution No. PC-2024-07, on July 8, 2024, on file with the Office of the City Clerk and incorporated by this reference, recommending approval of this Ordinance;
WHEREAS, the City Council conducted a public hearing on July 23, 2024, regarding this Ordinance;
WHEREAS, notices of all said public hearings were made at the time and in the manner required by law; and
WHEREAS, this Ordinance is exempt from environmental review pursuant to the California Environmental Quality Act Guidelines:, Section 15282, “Other Statutory Exemptions”, Subsection (r) “Determinations made regarding a city or county's regional housing needs as set forth in Section 65584 of the Government Code”.
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the City Council of the City of La Mesa, California as follows:
SECTION 1: The City Council finds and determines the following:
a. That the foregoing recitals are true and correct and an integral part of the City Council’s decision, and hereby adopts such recitals as findings.
b. That the regulations proposed herein are consistent with California Government Code Section 65852.2.
c. The project is exempt from environmental review pursuant to the California Environmental Quality Act Guidelines:, Section 15282, “Other Statutory Exemptions”, Subsection (r) “Determinations made regarding a city or county's regional housing needs as set forth in Section 65584 of the Government Code”.
SECTION 2: A new section 24.05.020(A)(6) is hereby added to the La Mesa Municipal Code as follows:
6. Housing Element Reuse Sites
“ Reuse Sites as identified in the City's Housing Element Appendix B (as certified by the California Department of Housing and Community Development on July 6, 2023) that provide 20% of new housing units as affordable to lower-income households, shall be processed as by-right development and shall not require discretionary approval. “
SECTION 3. This Ordinance shall be effective 30 days after its adoption and the City Clerk shall certify to the adoption of this Ordinance. The City Clerk is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing a newspaper of general circulation published in the City of La Mesa.
INTRODUCED AND READ at a Regular meeting of the City Council of the City of La Mesa, California, held the 23rd day of July 2024, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the _____th day of __________ 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________
MARK ARAPOSTATHIS, Mayor
ATTEST:
___________________________________
MEGAN WIEGELMAN, CMC, City Clerk
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 correct copy of Ordinance No. 2024- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited and that the same has been duly published according to law.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
Appendix B: Sites Inventory
Lot Consolidation: While the sites inventory includes potential for lot consolidation because they are contiguous parcels, lot consolidation is not needed to achieve the units and income level as projected in this inventory. Opportunity sites only include parcels that are already under common ownership or with developer interest to consolidate.
Table B-1. Prior Cycle Sites Remaining (as of February 14, 2023) APN General Plan Designation Zoning Density
(du/ac) Acres Current Use
Lot
Consolidation
Group
Realistic
Capacity (units)
Infrastructure
Capacity
On-site
Constraints
Income
Level
4643101700 Urban Residential R1 10 0.18 Vacant 2 yes none AM 4643102600 Urban Residential R1 10 0.29 Vacant 2 yes none AM 4643900200 Local Serving Commercial C 1.21 Parking Lot 0 yes none AM 4644011700 Urban Residential R1 10 0.45 Vacant 4 yes none AM 4644800100 Urban Residential R1 10 2.32 Vacant 20 yes none AM 4684911600 Urban Residential R1 10 0.07 Vacant o 1 yes none AM 4684912400 Urban Residential R1A 10 0.34 Vacant o 3 yes none AM 4690201200 Multiple Unit Residential R3 23 1.73 Vacant 34 yes none AM 4692505600 Urban Residential R1 10 0.21 Backyard s 2 yes none AM 4692505900 Urban Residential R1 10 0.24 Vacant s 2 yes none AM 4692506000 Urban Residential R1 10 0.20 Vacant s 2 yes none AM 4692506100 Urban Residential R1 10 0.28 Vacant s 2 yes none AM 4692605800 Urban Residential R1 10 0.08 Vacant 1 yes none AM 4694201800 Urban Residential R1 10 0.09 Driveway 1 yes none AM 4694202400 Urban Residential R1 10 0.29 Vacant 2 yes none AM 4700114400 Mixed Density Residential
(7-23 Du/Acre) R1 23 0.14 Vacant 3 yes none AM
4700310300 Mixed Density Residential R1 23 0.15 Vacant 3 yes none AM 4700321600 Mixed Density Residential RB 23 0.06 Vacant 1 yes none AM
ATTACHMENT D
Table B-1. Prior Cycle Sites Remaining (as of February 14, 2023) APN General Plan Designation Zoning Density
(du/ac) Acres Current Use
Lot
Consolidation
Group
Realistic
Capacity (units)
Infrastructure
Capacity
On-site
Constraints
Income
Level
4701000200 Mixed Use Urban (24-40
Du/Acre) R2 40 0.15 Vacant 5 yes none AM
4701421600 Mixed Use Urban R3 40 0.10 Vacant 3 yes none AM 4701810300 Mixed Use Urban C 40 0.09 Landscaping/
Parking lot 3 yes none AM
4701820100 Road C 0.05 Parking Lot 0 yes none AM
4701820200 Road C 0.06 Parking Lot 0 yes none AM
4701901600 Mixed Use Urban (24-40
Du/Acre) RB 40 0.05 Parking 2 yes none AM
4702002100 Mixed Density Residential R2 23 0.16 Misc structures 3 yes none AM 4702003400 Mixed Density Residential R2 23 0.07 Side Yard 1 yes none AM 4702621300 Urban Residential R1 10 0.18 Vacant 2 yes none AM 4703100600 Urban Residential R1 10 0.69 Vacant t 6 yes none AM 4703100800 Urban Residential R1 10 0.44 Vacant t 4 yes none AM 4703202100 Urban Residential R1 10 0.22 Vacant t 2 yes none AM 4703621600 Mixed Use Urban C 40 0.14 Parking lot 5 yes none AM 4703822000 Urban Residential R1 10 0.22 Vacant r 2 yes none AM 4703825600 Urban Residential R1 10 0.17 Vacant r 1 yes none AM 4704411000 Urban Residential R1 10 0.17 Backyard/ Pool 1 yes none AM 4704413800 Urban Residential R1 10 0.22 Vacant q 2 yes none AM 4704413900 Urban Residential R1 10 0.23 Vacant q 2 yes none AM 4704502700 Urban Residential R1 10 0.47 Vacant 4 yes none AM 4704710100 Urban Residential R1 10 0.23 Vacant 2 yes none AM 4704922600 Urban Residential R1 10 0.14 Vacant x 1 yes none AM 4705420500 Urban Residential R1 10 0.14 Vacant 1 yes none AM 4705520200 Urban Residential R1 10 0.16 Vacant 1 yes none AM
ATTACHMENT D
Table B-1. Prior Cycle Sites Remaining (as of February 14, 2023) APN General Plan Designation Zoning Density
(du/ac) Acres Current Use
Lot
Consolidation
Group
Realistic
Capacity (units)
Infrastructure
Capacity
On-site
Constraints
Income
Level
4705820400 Restricted Multiple Unit
Res (14 Du/Acre) CD 14 0.05 Vacant 1 yes
Landlocke
d AM
4705822400 Restricted Multiple Unit
Residential R2 14 0.20 Landscaping/ Parking lot 2 yes none AM 4706624700 Urban Residential R1 10 0.39 Vacant w 3 yes none AM 4706624800 Urban Residential R1 10 0.37 Vacant w 3 yes none AM 4741440100 Mixed Use Urban RB 40 0.14 Vacant bb 5 yes none AM 4741440200 Mixed Use Urban RB 40 0.13 Vacant bb 4 yes none AM 4741441700 Urban Residential RB 10 0.15 Vacant bb 1 yes none AM 4741700600 Mixed Use Urban R3 40 0.17 Vacant 6 yes none AM 4743530500 Urban Residential R1 10 0.45 Vacant 4 yes none AM 4751800600 Urban Residential R1 10 0.82 Vacant ii 7 yes none AM 4752221400 Suburban Residential R1S 4 0.94 Vacant 3 yes none AM 4753011600 Urban Residential R1 10 0.15 Driveway n 1 yes none AM 4753011700 Urban Residential R1 10 0.06 Vacant n 1 yes none AM 4753017000 Urban Residential R1 10 0.19 Vacant p 2 yes none AM 4753017200 Urban Residential R1 10 0.24 Vacant p 2 yes none AM 4753512700 Suburban Residential R1S 4 0.13 Vacant c 0 yes Hillside AM 4753512800 Suburban Residential R1S 4 0.23 Vacant c 1 yes none AM 4753512900 Suburban Residential R1S 4 0.32 Vacant c 1 yes none AM 4753513000 Suburban Residential R1S 4 0.37 Vacant c 1 yes none AM 4753521400 Multiple Unit Residential R3 23 0.11 Vacant 2 yes none AM 4755620700 Suburban Residential R1S 4 0.22 Vacant 1 yes none AM 4756001900 Suburban Residential R1S 4 0.54 Vacant 2 yes Street
access
AM
ATTACHMENT D
Table B-1. Prior Cycle Sites Remaining (as of February 14, 2023) APN General Plan Designation Zoning Density
(du/ac) Acres Current Use
Lot
Consolidation
Group
Realistic
Capacity (units)
Infrastructure
Capacity
On-site
Constraints
Income
Level
4756213200 Suburban Residential R1S 4 0.70
Driveway/ slope
runoff
infrastructure
ii 2 yes Hillside AM
4756311900 Suburban Residential R1S 4 1.37 Vacant 5 yes none AM 4756402800 Suburban Residential R1S 4 0.09 Vacant c 0 yes Hillside AM 4864912600 Urban Residential R1 10 0.13 Vacant 1 yes none AM 4864932700 Urban Residential R1 10 0.25 Vacant 2 yes
Landlocke
d AM
4868400100 Suburban Residential (4
Du/Acre) R1S 4 0.62 Vacant 2 yes none AM
4868400200 Suburban Residential (4
Du/Acre) R1S 4 0.24 Vacant 1 yes none AM
4902102900 Restricted Multiple Unit
Residential R2 14 0.56 Park 7 yes Existing park AM
4902610300 Railroad/Trolley C 1.71 Vacant 0 yes Very
sloped AM
4902830800 Restricted Multiple Unit
Residential R2 14 0.14 Vacant 2 yes none AM
4904035900 Suburban Residential (4
Du/Acre) R1S 4 0.06 Vacant 0 yes none AM
4904036100 Suburban Residential R1S 4 0.26 Vacant l 1 yes none AM 4904036200 Suburban Residential R1S 4 0.27 Vacant l 1 yes none AM 4904040500 Suburban Residential R1S 4 0.29 Vacant 1 yes none AM 4904042200 Suburban Residential (4
Du/Acre) R1S 4 0.10 Vacant 0 yes none AM
4904361100 Freeway CM 1.02 Parking Lot 0 yes none AM
4904721100 Mixed Use Urban (24-40
Du/Acre) R3 40 0.17 Parking Lot 6 yes none AM
ATTACHMENT D
Table B-1. Prior Cycle Sites Remaining (as of February 14, 2023) APN General Plan Designation Zoning Density
(du/ac) Acres Current Use
Lot
Consolidation
Group
Realistic
Capacity (units)
Infrastructure
Capacity
On-site
Constraints
Income
Level
4904721200 Mixed Use Urban (24-40
Du/Acre) C 40 0.16 Parking Lot 5 yes none AM
4904722900 Mixed Use Urban (24-40
Du/Acre) R2 40 0.31 Parking Lot 11 yes none AM
4906602900 Urban Residential (7-10
Du/Acre) R1 10 1.09 Vacant 9 yes none AM
4912600900 Suburban Residential R1S 4 0.17 Partially parking lot g 1 yes none AM
4912601000 Suburban Residential R1S 4 0.30 Partially parking lot g 1 yes none AM
4917900100 Suburban Residential (4
Du/Acre) R1S 4 0.18 Vacant 1 yes none AM
4917900200 Suburban Residential (4
Du/Acre) R1S 4 0.23 Vacant 1 yes none AM
4918001200 Road R1S 0.20 Vacant 0 yes none AM
4918002800 Rural Residential R1E 2 0.41 Vacant 1 yes none AM 4918003700 Suburban Residential (4
Du/Acre) R1S 4 0.12 Vacant 0 yes none AM
4940911400 Urban Residential R1 10 0.28 Vacant 2 yes none AM 4941600800 Urban Residential R1 10 0.14 Vacant 1 yes none AM 4941701100 Urban Residential R1 10 0.11 Vacant 1 yes none AM 4942020300 Urban Residential (7-10
Du/Acre) R1 10 0.05 Fence/ Sideyard pp 0 yes none AM
4942020500 Urban Residential (7-10
Du/Acre) R1 10 0.05 Backyard/ Driveway pp 0 yes none AM 4942200900 Road C 0.15 Vacant 0 yes none AM
4942910500 Mixed Use Urban C 40 0.18 Vacant aa 6 yes none AM 4942911800 Mixed Use Urban C 40 0.17 Vacant aa 6 yes none AM
ATTACHMENT D
Table B-1. Prior Cycle Sites Remaining (as of February 14, 2023) APN General Plan Designation Zoning Density
(du/ac) Acres Current Use
Lot
Consolidation
Group
Realistic
Capacity (units)
Infrastructure
Capacity
On-site
Constraints
Income
Level
4943402300 Suburban Residential R1S 4 0.22 Vacant 1 yes none AM 4944325400 Urban Residential (7-10
Du/Acre) R1 10 0.13 Vacant 1 yes none AM
4944720700 Suburban Residential R1S 4 0.52 Gardens, Misc 2 yes none AM 4944810400 Suburban Residential R1S 4 0.25 Vacant k 1 yes none AM 4944810500 Suburban Residential R1S 4 0.31 Vacant k 1 yes none AM 4945120200 Suburban Residential R1S 4 0.44 Vacant 2 yes none AM 4945211700 Suburban Residential R1S 4 0.32 Vacant 1 yes none AM 4946611200 Urban Residential (7-10
Du/Acre) R1 10 0.04 Vacant 0 yes
Landlocke
d AM
4946612000 Urban Residential R1 10 0.19 Trailer/ Driveway 2 yes none AM 4947002700 Suburban Residential R1S 4 0.29 Vacant 1 yes none AM 4947122200 Suburban Residential R1S 4 0.35 Trailer/ Driveway 1 yes none AM 4947303600 Suburban Residential R1S 4 0.24 Vacant 1 yes none AM 4947603000 Suburban Residential R1S 4 0.25 Vacant 1 yes none AM 4948200600 Urban Residential R1 10 0.23 Vacant 2 yes none AM 4948500100 Urban Residential (7-10
Du/Acre) R1 10 0.14 Parking Lot 1 yes none AM
4948712600 Urban Residential R1 10 0.51 Vacant 4 yes none AM 4950501900 Suburban Residential (4
Du/Acre) R1S 4 0.34 Vacant 1 yes none AM
4950507700 Suburban Residential (4
Du/Acre) R1S 4 0.27 Vacant 1 yes none AM
4950901500 Suburban Residential R1S 4 0.61 Vacant 2 yes none AM 4951515100 Suburban Residential R1S 4 0.59 Vacant 2 yes none AM 4951602800 Suburban Residential R1S 4 0.24 Vacant 1 yes Street
access? AM
ATTACHMENT D
Table B-1. Prior Cycle Sites Remaining (as of February 14, 2023) APN General Plan Designation Zoning Density
(du/ac) Acres Current Use
Lot
Consolidation
Group
Realistic
Capacity (units)
Infrastructure
Capacity
On-site
Constraints
Income
Level
4951730500 Suburban Residential R1S 4 0.99 Vacant 3 yes none AM 4951821400 Rural Residential R1E 2 0.41 Vacant 1 yes none AM 4951902000 Rural Residential R1E 2 0.47 Vacant 1 yes none AM 4952321800 Freeway R1S 0.30 Vacant 0 yes none AM
4952501800 Suburban Residential R1S 4 0.22 Vacant 1 yes none AM 4953208000 Suburban Residential (4
Du/Acre) R1S 4 0.45 Vacant 2 yes none AM
4953320500 Suburban Residential R1S 4 0.24 Vacant 1 yes none AM 4953322900 Suburban Residential R1S 4 0.45 Vacant 2 yes none AM 4954705200 Suburban Residential R1S 4 0.23 Vacant 1 yes none AM 4964200200 Rural Residential R1E 2 1.07 Vacant 2 yes none AM 4964201700 Rural Residential R1E 2 1.00 Vacant 2 yes none AM 4990100800 Railroad/Trolley R1S 1.04 Vacant 0 yes none AM 4990304900 Suburban Residential R1S 4 0.26 Vacant 1 yes none AM 4991712500 Suburban Residential (4
Du/Acre) R1S 4 0.08 Vacant 0 yes none AM
4991712600 Suburban Residential R1S 4 0.75 Vacant j 3 yes none AM 4991712800 Suburban Residential R1S 4 1.03 Vacant j 3 yes none AM 4991713400 Suburban Residential R1S 4 0.87 Vacant j 3 yes none AM 4991912600 Suburban Residential R1S 4 0.37 Vacant j 1 yes none AM 4992112100 Suburban Residential (4
Du/Acre) R1S 4 0.25 Vacant 1 yes none AM
4994911000 Suburban Residential R1S 4 0.62 Vacant 2 yes none AM 4994922300 Semi-Rural Residential R1R 3 0.40 Vacant 1 yes none AM 4994924500 Semi-Rural Residential R1R 3 0.46 Vacant b 1 yes none AM 4994924600 Semi-Rural Residential R1R 3 0.51 Vacant b 1 yes none AM 4994924800 Semi-Rural Residential R1R 3 0.67 Vacant b 2 yes none AM
ATTACHMENT D
Table B-1. Prior Cycle Sites Remaining (as of February 14, 2023) APN General Plan Designation Zoning Density
(du/ac) Acres Current Use
Lot
Consolidation
Group
Realistic
Capacity (units)
Infrastructure
Capacity
On-site
Constraints
Income
Level
4994926100 Semi-Rural Residential (3
Du/Acre) R1R 3 0.64 Vacant 2 yes none AM
4994926200 Semi-Rural Residential (3
Du/Acre) R1R 3 0.17 Vacant 0 yes none AM
4994926300 Semi-Rural Residential (3
Du/Acre) R1R 3 0.12 Vacant 0 yes AM
4994926400 Semi-Rural Residential (3
Du/Acre) R1R 3 0.28 Vacant 1 yes AM
4994926500 Semi-Rural Residential (3
Du/Acre) R1R 3 0.55 Vacant 1 yes AM
4995001400 Semi-Rural Residential (3
Du/Acre) R1R 3 0.21 Vacant 1 yes AM
4995009100 Semi-Rural Residential R1R 3 0.67 Vacant 2 yes none AM 4995009200 Semi-Rural Residential (3
Du/Acre) R1R 3 0.51 Vacant 1 yes none AM
4995233500 Semi-Rural Residential (3
Du/Acre) R1R 3 0.96 Vacant 2 yes none AM
Total Units 342
ATTACHMENT D
Housing Element | 110
ATTACHMENT D
LA MESA HOUSING ELEMENT – PROGRAM #8
La Mesa Housing Element
8. By-Right Approval of Projects with 20% Affordable Units on “Reuse” Sites
Pursuant to AB 1397 passed in 2017, the City will amend the Zoning Ordinance to require by-right approval of housing development that includes 20 percent of the units as housing affordable to lower income households, on sites being used to meet the 6th cycle RHNA that represent “reuse sites” previously identified in the 4th and 5th cycles Housing Element.
The “reuse” sites are specifically identified in the inventory (see Appendix B).
Time Frame and Objectives:
• Amend Zoning Ordinance within one year of Housing Element adoption. In the interim, the City will process proposals by right for projects with 20 percent affordable pursuant to Government Code 65583.2(c).
Responsible Agencies: Community Development Department
Financing: Departmental budget
Affordable Housing Opportunities
New construction creates housing opportunity for prospective homeowners and renters.
However, the cost of new construction is substantially greater than other program categories.
Incentive programs, such as density bonus, provide a mechanism to facilitate private sector production of new affordable housing development.
RESOLUTION NO. PC-2024-07
A RESOLUTION OF THE PLANNING COMMISSION OF LA MESA,
CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF LA MESA AMEND TITLE 24 OF THE LA MESA MUNICIPAL CODE, ADOPTING SECTION
24.05.020(A)(6) TO ALLOW FOR BY- RIGHT APPROVAL FOR PROJECTS WITH 20% AFFORDABLE UNITS ON "REUSE" SITES PURSUANT TO
GOVERNMENT CODE SECTION 65583.2, AND IN COMPLIANCE WITH THE 6TH CYCLE HOUSING ELEMENT, IMPLEMENTATION PROGRAM 8.
___________________________________________________________________ WHEREAS, the adoption of La Mesa Municipal Code (LMMC) Section 24.05.020(A)(6) would ensure compliance with California Housing Law pursuant to Government Code Section 65583.2;
WHEREAS, the adoption of LMMC Section 24.05.020(A)(6) would also ensure compliance with the City of La Mesa 6th Cycle 2021-2029 Housing Element, certified on July 6, 2023, by the California Department of Housing and Community Development (Housing Element); WHEREAS, the Housing Element outlines a series of goals and policies implemented through housing implementation programs referred to as the Housing Element Implementation Program (Implementation Program);
WHEREAS, pursuant to Government Code section 65583.2 (c), Implementation Program 8 provides that the City of La Mesa will amend the Zoning Ordinance to allow for by-right approval of projects with 20% Affordable Units on "Reuse" sites; WHEREAS, "Reuse" sites are those sites identified in the 4th and 5th Housing Cycles and relisted in the 6th cycle Housing Element, as listed in Appendix D of the Housing Element; WHEREAS, the adoption of LMMC 24.05.020(A)(6) is exempt from environmental review pursuant to the California Environmental Quality Act Guidelines, Section 15282, Other Statutory Exemptions, Subsection (r) Determinations made regarding a city or county's regional housing needs as set forth in Section 65584 of the Government Code; WHEREAS, at a Special Meeting held on July 8, 2024, the Planning Commission of the City of La Mesa held a duly noticed public hearing to consider recommending that City Council amend Title 24 of the Municipal Code to adopt LMMC 24.05.02(A)(6) to allow for by-right approval for projects with 20% affordable units on "Reuse" Sites pursuant of Government Code 65583.2(c) and in compliance with Housing Element Implementation Program 8; WHEREAS, based on the totality of the record and evidence described and referenced in this Resolution, the Planning Commission finds that the proposed text amendment is consistent with the purpose of the General Plan and Municipal Code; THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS:
1. The proposed amendments ensure and maintain internal consistency with all of the objectives, policies, general plan land uses, programs, and actions of all elements of the General Plan.
Resolution PC-2024-07 July 8, 2024
EXHIBIT A
PROPOSED AMENDMENTS TO TITLE 24 (ZONING) OF THE LA MESA MUNICIPAL CODE FOR BY-RIGHT APPROVAL OF PROJECTS WITH 20% AFFORDABLE ON "REUSE" SITES
24.05.020 Permitted structures and uses.
The following structures and uses are permitted on each building and site in the residential zones as stated below, subject to the provisions of this chapter and Chapter 24.04, Vehicle Parking.
A. Permitted Principal Uses and Structures.
1. In Zones R1E, R1R, R1S and R1:
a. Agriculture other than the raising of animals or fowl. b. One, one-family dwelling unit per lot.
c. Mobilehomes and homes manufactured offsite, installed on a permanent foundation in accordance with Section 65852.3 of the California Government Code. d. Residential care facility, licensed by the state of California, serving six or fewer persons. e. Two-unit residential development in accordance with Section 24.05.032.
2. In zone R1A:
a. One, one-family dwelling unit per lot; except that, on a lot of at least nine thousand square feet in area, one additional detached one-family dwelling is permitted; or b. Residential care facility, licensed by the state of California, serving six or fewer persons. c. Two-unit residential development in accordance with Section 24.05.032.
3. In zone R2:
a. One-family dwelling or two-family dwellings.
b. Residential care facility, licensed by the state of California, serving six or fewer persons.
4. In zone R3 and RB:
a. One-family dwellings.
b. Apartments.
c. Residential care facility, licensed by the state of California, serving six or fewer persons.
5. In zone RB:
a. Professional and corporate offices (operations not involving the fabrication, sale or storage of merchandise, the delivery of merchandise, or the parking or dispatching of vehicles for a service. This category shall not include banks, savings and loans or loan and thrifts, and shall not include consumer services.)
b. Retail sales from shops with a GFA of not more than three thousand square feet. c. Barber and beauty shops for humans.
d. Medical, dental laboratories (providing services directly to clinical medical and dental practice.)
6. Housing Element "Reuse Sites"
a. Reuse Sites as identified in the City's Housing Element Appendix B (as certified by the California Department of Housing and Community Development on July 6, 2023) that
Resolution PC-2024-07 July 8, 2024
provide 20% of new housing units as affordable to lower income households, shall be processed as by-right development and shall not require discretionary approval.
B. Permitted Uses With Approved Site Development Plan. The following uses may be permitted by the planning commission upon its determination that the development goals and objectives of the city have been achieved.
1. In any R zone: planned residential developments.
2. In any R zone: mobilehome parks, as described in Section 65852.7, Cal. Admin. Code. The density limit of any such park shall be that of the park site's zoning. All development standards of the site's zoning shall also apply, in addition to the requirements of the Cal. Admin. Code, Part II, Title
25. 3. The following if located on a building site which has direct vehicular access to major or collector street:
a. In any R zone:
1. A church or similar place of public worship on a building site of two acres or more;
2. Any use or structure proposed by a local agency of the state of California including public schools.
b. In zones R2 or R3: Day nurseries; residential care facilities licensed by the state of California serving more than six persons.
c. In zone R2: apartments, upon determination by the commission that such buildings are compatible with development in the vicinity said apartments shall not exceed a land area to dwelling unit ratio of one unit for each three thousand square feet of net land area.
4. The outdoor display of produce and flowers in the RB zone in conformance with the design guidelines adopted by city council resolution.
C. Conditionally Permitted Uses and Structures. The following uses and structures are permitted with the granting of a conditional use permit.
1. Accessory parking to an adjacent business use may be permitted if the proposed site either adjoins the site on which the business is located or is located on the opposite side of the street.
Such parking shall be subject to all the development standards required for a commercially zoned lot adjoining a residential zone. (See 24.04)
2. The following when located on a site having frontage on a major or collector street:
a. Church or similar place of public worship on a building site of less than two acres. b. Private educational institution, day nurseries.
c. In other than the R2 or R3 zones, residential care facilities licensed by the state of California serving more than six persons.
d. Public utility substation or equipment building required for service to the surrounding residential area.
3. In the RB zone, those uses principally permitted in the CN zone; banks, savings and loans, loan and thrifts; clubs; and service organizations, when the planning commission makes the following findings:
a. The subject property is adjacent to commercial zoned property; and b. Any adverse effect on adjacent residential property is mitigated through project design.
Resolution PC-2024-07 July 8, 2024
4. In any R zone when located within a single detached single-family dwelling, a commercial residential use with seven or greater adult residents upon issuance of a business license, when the following provisions are met:
a. A minimum of two hundred square feet of living area shall be provided per adult resident. b. One parking space shall be provided per adult resident. A maximum of two spaces may be provided in tandem to other required parking spaces (such as in a driveway to a garage), when no more than one vehicle is parked behind one other vehicle and no more than fifty percent of the front setback area is paved.
c. A minimum of two bathrooms, each including either a bathtub or shower, shall be provided.
5. In any R zone, the following uses when located within a locally designated historical landmark:
a. Professional offices (including medical).
b. Retail sales when such sales are found to be compatible with the historical status of the building. Accessory manufacture of crafts for sale on site may be permitted when no special equipment or materials incompatible with the residential neighborhood are needed.
c. Bed and breakfast inns.
d. Restaurant.
e. Apartments or condominiums.
The parking requirements for such uses may be modified through the conditional use permit review in accordance with Section 24.04.020I.
6. Wireless communications facilities, either freestanding or attached to a building or structure, shall be subject to the requirements of the urban design program and approval by the design review board and city council in accordance with Resolution No. 15540, as well as approval of a conditional use permit. Conditional use permits for wireless communications facilities shall expire ten years from the date of approval, unless amended or extended by the planning commission.
Facilities (consisting of a single antenna) under three feet in width and height and located no higher than five feet above the building roofline are exempt from this review when serving residential uses on the subject property.
D. Permitted Accessory Uses and Structures. Accessory uses and structures are those which are subordinate, clearly incidental and customarily appropriate to the operation of the principal use and are permitted in all residential zones. Those permitted accessory uses and structures shall be limited to:
1. Accessory structures including: garages, carports for vehicles, and swimming pools; those structures used in landscaping and beautification of the building site including storage sheds, arbors, trellises, fences and flagpoles; and
a. Temporary fabric shade structures assembled with non-permanent fasteners and without a foundation that comply with the following standards:
(1) Only one permitted on a lot developed with a single-family residence. (2) The structure shall be no larger than four hundred square feet in size. (3) The structure shall not block or cover a required vehicle access easement, driveway, garage, carport, or required off-street parking.
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(4) The structure must comply with the height limit for detached accessory structures.
(5) The structure must comply with all applicable building and fire safety requirements, and development standards as approved by the city. The property owner shall certify that they are abiding by the requirements and development standards.
(6) The structure shall be maintained on the property for a maximum period of ninety consecutive days in a twelve-month period.
(7) The structure may not encroach in any required setback. Exception: The structure may be located within a setback and anywhere else on the lot for special events not to exceed a total of forty-eight hours within any seven day time period. No other setback exceptions shall apply.
(8) The structure may not be located in a front yard area as defined by Section
24.01.100. EXCEPTION: The development standards set forth above shall apply except as modified by approval of a special permit by the planning commission for the following: 1) exceeding the maximum ninety-day time period; 2) encroaching in setbacks or front yard areas; or 3) exceeding the size and height limitations.
b. Conventional (open-grid or open-wire) television/radio receiving antennas, and satellite dish antennas which comply with the following standards:
(1) Maximum dish diameter shall not exceed twelve feet. (2) Maximum overall height of fifteen feet from base to top of the antenna and all ancillary equipment in an operative position.
(3) Dish antennas must be ground mounted.
(4) Dish antennas must not be located between a building and an exterior property line abutting a public right-of-way (i.e., not located in front yards). This shall not preclude locating dish antennas in side yards of corner lots, rear yards of through lots, or other locations generally not visible from an adjacent street. (5) Dish antennas shall not be located within a required setback area from primary structures within the underlying zone district.
(6) The area within which the antenna is located must be enclosed by a solid fence or wall of five to six feet in height (an existing perimeter backyard fence can be used to meet this requirement).
(7) A maximum of one satellite dish antenna per residential lot. (8) Landscaping shall be installed in close proximity to the satellite dish antenna to screen the nonreceiving side of an antenna which will be clearly visible from an adjacent property. Landscaping materials installed to meet this requirement shall be of a size, type, quality, and located to reasonably screen the antenna within a three-year time period from the date of installation. (9) All dish antennas over three feet in diameter shall obtain a building permit as required by the building division.
(10) Satellite dish antennas three feet in diameter or less shall be exempt from the screening requirements and may be located on a roof provided they are not greater than five feet above the height of the roof on which they are mounted.
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(11) All proposed dish antennas which do not comply with the above standards shall require a conditional use permit as provided in Section 24.05.020(D)(8)(d).
2. In zones R2, R3 and RB zones, for the sole use and pleasure of the family occupying the premises, animals may be kept as follows, subject in addition to all applicable limitations and regulations of Title 8:
a. Two adult dogs per multi-family dwelling unit and up to five adult dogs for a single-family dwelling unit.
b. Two adult cats per dwelling unit. The number of adult cats may be increased, to a maximum of ten, if those cats exceeding the first two are spayed or neutered. c. Two adult potbellied pigs per dwelling unit.
d. Ordinary household pets (no limits except for those listed above). d. Ordinary household pets (no limits except for those listed above). e. There shall be no boarding or keeping of animals for others. f. In the R2 and R3 zones only, on lots developed with one single-family residence, a minimum of two chickens, excluding roosters, per two thousand square feet of lot area, up to a maximum of twenty. Enclosures shall be covered and comply with all setback requirements and located no less than twenty-five feet from any neighboring dwelling unit.
Feed shall be stored in a secured sealed container. For purposes of this section, "enclosure" shall mean any covered structure in which chickens are kept. The area of a lot shall be computed pursuant to Section 24.01.100 of this code.
3. In zones R1E, R1R, R1S, R1, and R1A, for the sole use and pleasure of the family occupying the premises, animals may be kept as follows, subject in addition to all applicable limitations and regulations of Title 8:
a. Two adult dogs per multi-family dwelling unit and up to five adult dogs for a single-family dwelling unit.
b. Two adult cats per dwelling unit. The number of adult cats may be increased, to a maximum of ten, if those cats exceeding the first two are spayed or neutered. c. Two adult potbellied pigs per dwelling unit.
d. Ordinary household pets (no limits except for those listed above). e. A minimum of two chickens, excluding roosters, per two thousand square feet of lot area, up to a maximum of twenty. Enclosures shall be covered and comply with all setback requirements and located no less than twenty-five feet from any neighboring dwelling unit.
Feed shall be stored in a secured sealed container. For purposes of this section, "enclosure" shall mean any covered structure in which chickens are kept. The area of a lot shall be computed pursuant to Section 24.01.100 of this code.
f. In the R1R and R1E zones only, the following additional animals may be kept:
(1) Bees may be kept in conformance with the regulations of San Diego County Department of Agriculture.
(2) On lots over one-half acre in size, one horse, goat, or sheep. g. There shall be no boarding or keeping of animals for others.
4. In Zones R1E, R1R, R1S, R1, and R1A, for the sole use and pleasure of the persons occupying the premises, racing or homing pigeons may be kept as follows, subject in addition to all applicable
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limitations and regulations of Title 8 (excepting therefrom location requirements with respect to specific distances from adjoining residences):
a. The number of birds may not exceed one hundred.
b. The birds shall be kept confined in aviaries except when exercising for short periods. c. The aviaries shall observe the setbacks required for principal buildings within the zone, but in no case be located within thirty feet of any residence on an adjoining lot. d. The owner shall be affiliated with a certified racing pigeon club or organization. e. The cages and food supplies shall be kept clean and clear of pests.
5. Uses customarily enjoyed by a family such as gardening, horticulture, and hobbies. Hobbies shall not be construed to mean the manufacture of goods or services provided in connection with a home occupation or any use set forth in paragraph 7 below.
6. Fences, walls and retaining walls, as per the development standards of this chapter.
7. Home occupations operated by residents of the property, conducted wholly within the dwelling unit.
8. Accessory Dwelling Units, Attached and Detached.
a. Development and Use Standards.
i. One attached or one detached accessory dwelling unit may be permitted in conjunction with an existing or proposed dwelling on lots zoned for singlefamily or multifamily residential use. ii. The floor area of an attached or detached accessory dwelling unit shall not exceed one thousand two hundred square feet.
iii. An additional five percent of lot coverage above that established for the underlying zoning designation shall be allowed for accessory dwelling units only for lots of ten thousand square feet or less and where there is an existing single-family residence.
iv. An accessory dwelling unit may be permitted on the same lot as a junior accessory dwelling unit.
v. Except as provided herein, attached and detached accessory dwelling units shall comply with the development standards of the underlying zone and/or overlay zone, and all other ordinances, regulations, and policies, applicable to the development of residential dwelling units.
vi. No lot coverage limitation, front setback, minimum open space requirement, or minimum lot size requirement shall preclude the development of an accessory dwelling unit that is at least eight hundred square feet in area with side and rear setbacks of not less than four feet, provided that all other development standards are met.
vii. Except as provided herein, attached and detached accessory dwelling units shall comply with all local building and fire code requirements, as appropriate. viii. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
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ix. Projects solely proposing the development of an accessory dwelling unit shall be exempt from public right-of-way dedication and improvement requirements.
b. Setbacks for Accessory Dwelling Units.
i. Except as provided herein, attached and detached accessory dwelling units shall comply with the setbacks required for the primary dwelling as established by the underlying zoning designation or overlay zone, as applicable. ii. Notwithstanding the setbacks established by the underlying zoning designation or overlay zone, attached or detached accessory dwelling units shall have a setback of not less than four feet from side and rear property lines, or from the interior edge of adjacent access easements, whichever is more restrictive, except where the underlying zoning allows a lesser setback. iii. Any accessory dwelling unit that is created by new construction, including additions to existing structures, that does not comply with the setbacks established by the underlying zoning designation or overlay zone shall be maintained as an accessory dwelling unit and shall not be converted to or used for any other purpose without express authorization of the city. iv. Building appendages for accessory dwelling units shall comply with Municipal Code Section 24.05.030G.
c. Historical Sites and Districts.
i. An accessory dwelling unit may be allowed on designated historical sites and within historical districts provided that the location and design of the accessory dwelling unit meets corresponding historical preservation requirements in place at the time the accessory second dwelling unit is built and complies with the requirement of this section.
ii. Detached accessory dwelling units shall be located behind the primary residence and/or historic structure.
iii. The construction of the accessory dwelling unit shall not result in the removal of any other historically significant accessory structure, such as garages, outbuildings, stables or other similar structures.
iv. The accessory dwelling unit shall be designed in substantially the same architectural style and finished materials composition as the primary residence or historic structure.
v. Construction of an accessory dwelling unit shall not result in demolition, alteration or movement of the primary residence/historic house and any other on-site features that convey the historic significance of the house and site. vi. If the historic house/site is under a Mills Act contract with the city, the contract shall be amended, as needed, to authorize the introduction of the accessory dwelling unit on the site.
d. Overlay Zones.
i. The requirements of Municipal Code Chapter 24.09, Scenic Preservation Overlay Zone, shall apply to the development of accessory dwelling units, except that planning commission review shall not be required for a project that solely proposes an accessory dwelling unit.
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ii. Projects proposing solely the development of an accessory dwelling unit shall not be subject to the requirements of Municipal Code Chapter 24.11, Urban Design Overlay Zone, or the requirements of the Urban Design Program. iii. The requirements of Municipal Code Chapter 24.13, Hillside Overlay Zone, shall apply to the development of accessory dwelling units, except that planning commission review shall not be required for a project that solely proposes an accessory dwelling unit.
iv. Within the Bowling Green Overlay Zone, any tree that was required to be planted pursuant to Municipal Code Section 24.17.030D that is disturbed by a project to construct an accessory dwelling unit shall be preserved in place, or replaced in kind on the subject property if disturbed by the project. e. Notwithstanding subsections a. through d. above, a building permit shall be ministerially approved for accessory dwelling units in a residential or mixed-use zone when it falls into one of the four categories listed below as provided by California Government Code section 65852.2(e):
i. One accessory dwelling unit on a lot with an existing or proposed single-family dwelling created from converting existing or proposed space within a singlefamily dwelling, or existing accessory structure, provided that the accessory dwelling unit has exterior access from the existing or proposed single-family dwelling and setbacks are sufficient for fire safety as determined by the fire marshal or the building official. Accessory dwelling units converted from an existing accessory structure may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure solely for the purpose of accommodating ingress and egress.
ii. One detached, new construction, accessory dwelling unit on a lot with an existing or proposed single-family dwelling, provided that the accessory dwelling unit is at least eight hundred square feet in area, has side and rear setbacks of not less than four feet, and complies with the maximum height limitations of the underlying zoning district.
iii. One or more accessory dwelling units on a lot with an existing multifamily dwelling converted from non-livable space (including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages), provided that each unit complies with state building standards. The greater of one accessory dwelling unit or accessory dwelling units totaling not more than twenty-five percent of the existing dwelling units in a multifamily dwelling structure may be permitted on lots with existing multifamily dwelling structures in any residential or mixed-use zone.
iv. Up to two detached accessory dwelling units located on a lot with an existing or proposed multifamily dwelling, provided that each unit has side and rear setbacks of not less than four feet and complies with the height limitations of the underlying zoning district. The two accessory dwelling units allowed by this subsection may be created from converting space within an existing accessory structure that is detached from the primary residential structure(s), provided that setbacks are sufficient for fire safety as determined by the fire marshal or the building official. If the existing multifamily dwelling has a rear or side setback of less than four feet, modifications to the existing multifamily dwelling shall not be required.
f. Parking.
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i. New or additional parking spaces shall not be required for the creation of accessory dwelling units.
ii. Where provided, parking spaces for accessory dwelling units shall comply with Chapter 24.04 (Parking) of the Municipal Code, including, but not limited to, the design requirements of the parking standards adopted by city council resolution no. 17128, or as those standards may be amended or modified by city council action.
iii. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, any required parking spaces removed shall not be required to be replaced.
g. Utilities.
i. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, except that an accessory dwelling unit proposed to be constructed with a new single-family residence may be considered a new residential use for the purposes of calculations connection fees or capacity charges.
ii. For an accessory dwelling unit that is contained wholly within the space of an existing or proposed single-family residence or an existing accessory structure, plus any expansion of the accessory structure as allowed by Section
24.05.020D8e(i), has independent exterior access from the existing residence and the side and rear setbacks are sufficient for fire safety, no new or separate utility connection directly between the accessory dwelling unit and the utility shall be required and no related connection fee or capacity charge shall be imposed, unless the accessory dwelling unit is proposed to be constructed with a new single-family residence.
iii. For an accessory dwelling unit that does not meet the criteria of Municipal Code Section 24.05.020D8c(ii) and where the physical characteristics of the lot on which the accessory dwelling unit is proposed preclude connection to the existing utility connection of the primary dwelling, a new or separate connection directly to the utility shall be required and related connection fees and capacity charges shall be imposed.
iv. For attached or detached accessory dwelling units constructed on the same lot as an existing multifamily dwelling structure as described in Section
24.05.020D8e(iii) and (iv), a new or separate utility connection may be required between the accessory dwelling unit and the utility. The connection may be subject to a connection fee and/or capacity charge.
v. Connection fees and capacity charges shall be imposed for accessory dwelling unit projects that voluntarily propose a new or separate connection directly between the accessory dwelling unit and the utility.
vi. When connection fees and/or capacity charges are imposed, the fee and/or charge shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its area or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code, upon the water or sewer system. The fee and/or charge shall not exceed the reasonable cost of providing this service.
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vii. Prior to approval of an accessory dwelling unit on properties with a private sewage system, approval by the County of San Diego Department of Environmental Health, or any successor agency, shall be required. h. Permit and Review Requirements.
i. Not more than one attached accessory dwelling, one detached accessory dwelling unit, and one junior accessory dwelling unit shall be permitted on a lot with an existing or proposed single-family dwelling.
ii. Not more than two detached, new construction accessory dwelling units shall be permitted on a lot with an existing or proposed multifamily dwelling. iii. Applications for accessory dwelling units conforming to the requirements of this section shall be considered ministerially without discretionary review or a hearing, and the city shall approve or deny such applications within sixty calendar days after receiving the application, if there is an existing single-family or multifamily dwelling on the lot. If a permit application for an accessory dwelling unit is submitted with an application for a new single-family or multifamily dwelling on the same lot, approval or denial of the accessory dwelling unit shall be delayed until the city approves or denies the permit application for the single-family or multifamily residence. If the applicant requests a delay, the sixty-day time period shall be extended for the period of the delay.
iv. The correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit shall not be required for approval of a building permit for an accessory dwelling unit.
v. No impact fees shall be imposed for an accessory dwelling unit that is less than seven hundred fifty square feet in area. Any impact fees charged for an accessory dwelling unit that is seven hundred fifty square feet in area or greater shall be assessed proportionately in relation to the square footage of the primary dwelling unit. "Impact fee" as used herein does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
vi. Any demolition permit required for or associated with an application for construction of an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. vii. A certificate of occupancy for an accessory dwelling unit shall not be issued before issuance of a certificate of occupancy for the primary dwelling. viii. At the request of the owner of an accessory dwelling unit, enforcement of state building standards related to the accessory dwelling unit shall be delayed, subject to compliance with Section 17980.12 of the Health and Safety Code, provided that the accessory dwelling unit was built prior to January 1, 2020. ix. Accessory dwelling units shall not be considered in the application of any ordinance, policy, or program to limit residential growth. i. Conveyance and Rental.
i. The rental of an accessory dwelling unit created under Section 24.05.020D8e shall be for terms longer than thirty days.
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ii. An accessory dwelling unit shall not be sold or otherwise conveyed separately from the primary residence, but may be rented.
iii. An accessory dwelling unit may be sold or conveyed separately from the primary residence to a qualified buyer provided that all of the following apply:
(1) The ADU or primary dwelling was built or developed by a qualified nonprofit corporation.
(2) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(3) The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(a) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies.
(b) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the property if the buyer desires to sell or convey the property.
(c) A requirement that the qualified buyer occupy the property as the buyer's principal residence.
(d) Affordability restrictions on the sale and conveyance of the property that ensure the property will be preserved for low-income housing for forty-five years for owner-occupied housing units and will be sold or resold to a qualified buyer.
(4) If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following:
(a) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant's obligations to each of the other cotenants have been satisfied.
(b) Delineation of each cotenant's responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.
(c) Procedures for dispute resolution among the parties before resorting to legal action.
(5) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the Office of the San Diego County Recorder. A Preliminary Change of Ownership Report shall
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be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
(6) Notwithstanding Section 24.05.020D8c, if requested by a utility providing service to the primary residence, the accessory dwelling unit shall have a separate water, sewer, or electrical connection to that utility. j. For the purposes of this section, the following definitions apply:
i. "Accessory dwelling unit" shall be as defined in Municipal Code Section
24.01.100.
ii. "Living area" shall mean the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. iii. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards. iv. "Objective standards" means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
v. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting. vi. "Public transit" shall mean a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
vii. "Qualified buyer" means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code. viii. "Qualified nonprofit corporation" means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
9. Junior Accessory Dwelling Units:
a. One junior accessory dwelling unit may be permitted in conjunction with an existing or proposed single-family residence on lots zoned for single-family or multifamily residential use.
b. A junior accessory dwelling unit may be permitted on the same lot as one accessory dwelling unit.
c. A junior accessory dwelling unit shall not be sold separately from the primary residence. d. A junior accessory dwelling unit may be rented, but only with a rental agreement with terms greater than thirty days.
e. The owner of a lot with a junior accessory dwelling unit shall occupy as a principal residence either the primary dwelling or the junior accessory dwelling unit, except where the primary dwelling and junior accessory dwelling are held by an agency such as a land trust or housing organization in an effort to create affordable housing. f. Junior accessory dwelling unit development standards:
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(i) A junior accessory dwelling unit shall not exceed five hundred square feet in total floor area.
(ii) A junior accessory dwelling unit shall be contained entirely within an existing or proposed single-family residence. Attached, enclosed uses, including garages, are considered a part of the proposed or existing single-family residence. For purposes of this subsection, "attached" shall mean that the enclosed use shares a common wall with interior, habitable living space of the primary dwelling unit.
(iii) A junior accessory dwelling unit shall be provided with a separate exterior entry.
(iv) A junior accessory dwelling unit shall include an efficiency kitchen, with the following components:
(1) A cooking facility with appliances.
(2) A food preparation counter and storage cabinets that are reasonable to the size of the unit.
(v) No additional parking shall be required for a junior accessory dwelling unit other than that required when the existing primary residence was constructed. (vi) A junior accessory dwelling unit may share bathroom/sanitation facilities with the primary residence or may provide separate facilities. If the junior accessory dwelling unit shares sanitation facilities with the primary residence, an interior entry to the primary residence's main living area shall be maintained to provide access to the sanitation facilities.
g. Except as provided herein, a junior accessory dwelling unit shall comply with all local building and fire code requirements, as appropriate.
h. The correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit shall not be required for approval of a building permit for a junior accessory dwelling unit. i. Junior accessory dwelling units shall not be required to provide fire sprinklers or fire attenuation specifications if they are not required for the primary residence. An inspection to confirm that the junior accessory dwelling unit complies with development standards may be assessed.
j. No sewer or water connection fees shall be required for the development of a junior accessory dwelling unit. An inspection to confirm that the junior accessory dwelling unit complies with development standards may be assessed.
k. Prior to issuance of a building permit for a junior accessory dwelling unit, a covenant shall be recorded between the owner and the city of La Mesa agreeing to the terms stipulated in this chapter. The covenant shall specifically mention that:
(i) The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit.
(ii) The junior accessory dwelling unit may be rented, but only with a rental agreement with terms greater than thirty days.
(iii) The junior accessory unit is limited to the size and attributes set forth by this section.
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(iv) The owner of record of the property shall occupy the primary dwelling unit or the junior accessory dwelling unit, except where the primary dwelling and junior accessory dwelling are held by an agency such as a land trust or housing organization in an effort to create affordable housing. (v) The covenant shall be binding upon any successors in interest or ownership of the property and lack of compliance with the provisions thereof may result in legal action against the property owner, including revocation of the right to maintain a junior accessory dwelling unit on the property. l. Applications for junior accessory dwelling units conforming to the requirements of this section shall be considered ministerially without discretionary review or a hearing, and the city shall approve or deny such applications within sixty calendar days after receiving the application if there is an existing single-family dwelling on the lot. If a permit application for a junior accessory dwelling unit is submitted with an application for a new single-family dwelling on the same lot, the approval or denial of the junior accessory dwelling unit shall be delayed until the city approves or denies the permit application for the single-family residence. If the applicant requests a delay, the sixty-day time period shall be extended for the period of the delay.
m. Projects solely proposing a junior accessory dwelling unit shall be exempt from the requirements for public right-of-way dedication and improvement.
10. Accessory Uses and Structures by Conditional Use Permit:
a. Tennis, handball or similar courts. (As part of the original construction of a PRD, condominium or apartment development, such court may be approved through the normal project review, providing the judgment is made that its location, lighting and use will not be disruptive to adjacent residential properties.)
b. Columbarium cabinets with a capacity to store more than two hundred urns, in conjunction with a church use. All such cabinets shall only be installed inside enclosed buildings. c. The construction of large objects unrelated to the premises such as boats or airplanes on a one-time basis.
d. Non-conventional antennas, and satellite dish antennas over three feet in diameter which do not comply with the provisions of Section 24.05.020.D.1.
11. Commercial residential use within a detached single-family residence with six or fewer adult residents upon issuance of a business license, when the following provisions are met:
a. A minimum of two hundred square feet of living area shall be provided per adult resident. b. One parking space shall be provided per adult resident. A maximum of two spaces may be provided in tandem to other required parking spaces (such as in a driveway to a garage), when no more than one vehicle is parked behind one other vehicle and no more than fifty percent of the front setback area is paved.
c. A minimum of two bathrooms, each including either a bathtub or shower, shall be provided.
12. Unattended storage containers for recyclable materials occupying less than fifty square feet located on the premises of residential property and used solely for the recycling of material generated by the residential property, or unattended storage containers for recyclable materials on permitted institutional uses in residential districts for the donation of recyclable materials for noncommercial purposes. Such storage containers shall be located in the general vicinity of other trash collection facilities on the site.
13. Small family day care homes located in a single-family residence.
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14. Large family day care homes located in a single-family residence when the following criteria are met:
a. A minimum of one off-street parking stall shall be provided for the unloading/loading of children.
b. All outdoor play areas shall be enclosed within a minimum four-foot high fence. c. A plot plan shall be furnished to the planning department with the business license application clearly showing how items a. and b. are being met. d. The fire department has conducted an inspection of the property prior to issuance of the business license to ensure that all Fire Codes applicable to such a facility are being met.
15. Columbarium cabinets or columbaria, with a capacity limited to store two hundred urns or less, in conjunction with a church use. All such cabinets shall only be installed inside enclosed buildings.
16. Exterior lighting shall be compatible with residential use. All lighting shall be designed, installed and maintained to project the light primarily on the owner's property. This may require the use of shields, and may limit the location, type and height of light fixtures. Any light falling on adjacent properties shall be minimal and incidental. Lighting shall be focused directly on the owner's property, and shall not be focused on adjacent properties. (Ord. 2263; May 19, 1981: Ord. 2421 §§ 2, 3; March 11, 1986: Ord. 2446 § 1; January 27, 1987: Ord. 2484 § 2; November 10, 1987: Ord. 2528 § 1; June 13, 1989: Ord. 2557 §§ 3, 4; March 27, 1990: Ord. 2569 §§ 1, 2; January 22, 1991: Ord. 2583 §§ 3, 4; June 11, 1991: Ord. 2598 § 2; March 24, 1992: Ord. 2600 §§ 16-18; April 28, 1992: Ord. 2643 §§ 2, 3; May 24, 1994: Ord. 2646 § 1; June 28, 1994: Ord. 2658 §§ 1—3; May 9, 1995: Ord. 97-2684 §§ 2—7; October 14, 1997: Ord. 2001-2714 § 2; November 13, 2001: Ord. 2002-2720 § 1 (part); June 11, 2002: Ord. 2002- 2723 § 2; September 24, 2002: Ord. 2003-2736 § 1; October 14, 2003: Ord. 2003-2741 § 1; November 12, 2003:
Ord. 2003-2743 § 1; November 25, 2003: Ord. 2014-2832 §§ 2—4; April 8, 2014: Ord. 2016-2845 §§ 2, 3; February 9, 2016; Ord. 2019-2865, §§ 2C, D, March 12, 2019; Ord. 2019-2866, § 2C, March 12, 2019; Ord. 2020-2877, § 1, January 28, 2020; Ord. 2020-2879, § 2C, D, April 14, 2020; Ord. 2020-2880, § 2A, April 14, 2020; Ord. 2022-2894, § 6, February 8, 2022; Ord. No. 2023-2903, §§ 2B, C, March 14, 2023; Ord. No. 2023-2904, § 2, March 14, 2023)
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: July 23, 2024
SUBJECT: INTRODUCE AND ADOPT AN ORDINANCE
RELINQUISHING ENFORCEMENT AUTHORITY OF
THE MOBILEHOME PARKS ACT TO THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT
ISSUING DEPARTMENT: Community Development
SUMMARY:
Issues:
Should the City Council adopt an ordinance relinquishing enforcement authority of the Mobilehome Parks Act to the California Department of Housing and Community Development?
Recommendation:
Staff recommends that the City Council adopt an ordinance relinquishing enforcement authority of the Mobilehome Parks Act to the California Department of Housing and Community Development.
Fiscal Impact:
Fees for implementation of the Mobilehome Parks Act (MPA) are established under the California Code of Regulations (CCR), Title 25, subsection 1008 and are not subject to the City’s full cost recovery policy. The MPA establishes a $10 annual fee for each mobilehome lot within a mobilehome park, to be used for inspections to determine compliance with the MPA. These fees do not cover staffing or other resource costs.
The City currently collects the annual fees from the mobilehome park owners for implementation of this program, which are split with the Department of Housing and Community Development (HCD). Based on the number of parks and
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mobilehome spaces within La Mesa, the City currently bills and collects approximately $8,825 annually, of which approximately $4,190 is sent to HCD.
The remaining portion is placed in the General Fund. Should the City Council proceed with the transfer of enforcement authority, all fees collected to date would be remitted to HCD and no further fees would be collected by the City. It is anticipated that there would be no current fiscal year or ongoing fiscal impact to the General Fund or Development Services Fund as a result of the request.
City’s Strategic Goals:
Ensure a strong financial outlook through careful planning, sustainable service levels, and fiscal sustainability.
BACKGROUND:
California law governing mobilehome parks is entitled the "Mobilehome Parks Act" (MPA) (Section, Part 2.1 of the California Health and Safety Code, Section 18200). The MPA requires the Department of Housing and Community Development to develop and enforce both the regulations and the laws as defined in the MPA. Since 1977, the City of La Mesa has had the primary enforcement authority of mobilehome parks, including processing annual permits to operate and install mobilehomes within the City of La Mesa’s jurisdiction (Attachment A). Currently there are 6 existing mobilehome parks within La Mesa that would be regulated under the MPA.
The regulations of the MPA include specific requirements for park construction, maintenance, use, occupancy, and design. Also included are requirements for items such as lot identification, lighting, roadway width, plans, permits, mobilehome installation, accessory structures and buildings, earthquake resistant bracing systems, application procedures, fees, enforcement, and appeal procedures. These laws also establish requirements for the permits, fees, and responsibilities of park operators and enforcement agencies, including the Department of Housing and Community Development (HCD), and require that HCD develop and enforce both the regulations and the laws.
In April 2024, the City was notified that the HCD will begin performing evaluations of local agencies that have assumed authority over mobilehome parks. In review of best practices of peer jurisdictions, in response to this, jurisdictions throughout California, including City of Orange and most recently the City of Vista, have elected to transfer authority back to HCD. HCD has the authority, resources, and expertise in the construction, use, maintenance, and occupancy of privately owned mobilehomes, that many local jurisdictions, including the City of La Mesa do not. To implement the MPA to the level of services assumed under the law, the City would require additional resources and staffing expertise in the respective section(s) of the California Health and Safety Code.
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.
DISCUSSION:
After reviewing the program requirements and the City’s Building Division staffing, staff determined that additional resources would be required to provide the level services assumed under MPA law. At this time, like other California cities, the City of La Mesa has the option of either hiring additional staff to effectively implement the MPA program or transfer the enforcement obligations to HCD. It is estimated that a more robust MPA Program would require at least one additional full time equivalent (FTE) inspection position, as well as additional administrative support within the Building Division. It is anticipated that FTE related costs would be upwards of $90,000 annually. In lieu of staffing additional positions, staff recommends that the City transfer the responsibility for enforcement of the MPA to the State, as HCD has the staffing and resources to enforce the MPA program.
There are currently 6 mobilehome parks within La Mesa. At this time, the City does not have the staff nor expertise to further implement the MPA which would include an annual maintenance inspection program. The City currently processes approximately 2 to 4 building permits for mobilehome setups and/or related improvements and handles approximately 2 complaints related to mobilehome park units on an annual basis. The City will continue to support the customer service needs of mobilehome parks and mobilehome park residents as needed, however the responsibilities under the MPA would transfer fully to the State.
CONCLUSION:
Staff recommends that the City Council adopt an ordinance relinquishing enforcement authority of the Mobilehome Parks Act to the California Department of Housing and Community Development.
Reviewed by: Respectfully submitted by:
____________________ _Lynnette Santos_____
Greg Humora Lynnette Santos
City Manager Director of Community Development
Attachments:
A. City Council Ordinance No. 1977-2103
B. Ordinance Relinquishing Enforcement Authority of the MPA
ORDINANCE NO. 2024-_____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA,
CALIFORNIA, RELINQUISHING ENFORCEMENT AUTHORITY OF THE
MOBILEHOME PARKS ACT TO THE CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT
WHEREAS, pursuant to Division 13, Part 2.1, commencing with section 18200, the Mobilehome Parks Act (MPA) requires the Department of Housing and Community Development (HCD) to develop and enforce both the regulations and the laws as defined in the MPA;
WHEREAS, pursuant to City Council Ordinance No. 2103, the City of La Mesa assumed responsibility for the enforcement of the MPA on May 10, 1977; WHEREAS, pursuant to Title 25 of the California Code of Regulations (25 CCR), Section 1005, the City of La Mesa desires to repeal Ordinance No. 2103 and relinquish enforcement authority of the MPA to the HCD; and
WHEREAS, HCD has the staff and expertise to further implement the MPA, not currently provided or anticipated in the City’s current or future fiscal year budgets.
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the City Council of the City of La Mesa, California as follows:
SECTION 1: Findings. The City Council hereby finds and declares all of the following:
A. The City of La Mesa desires to relinquish enforcement authority of the Mobilehome Parks Act (MPA) and associated responsibilities for the enforcement of Division 13, Part 2.1, commencing with section 18200 of the California Health and Safety Code and their implementing regulations set forth in Title 25, California Code of Regulations Division 1, Chapters 2 and 2.2, the building standards published in the California State Building Standards Code relating to mobilehome parks and the related administration regulations to the California Department of Housing and Community Development (HCD).
B. Pursuant to 25 CCR Section 1005(b)(1), the City must send written notice to HCD not less than ninety days prior to the proposed effective date of the relinquishment, along with a copy of the adopted ordinance relinquishing enforcement authority.
C. Pursuant to 25 CCR Section 1005(b)(2) and (3), the City must, on or before the effective date of transfer of enforcement responsibility: (i) remit the appropriate fees to HCD, as identified in 25 CCR Section 1006; and (ii) transfer all park records to HCD.
SECTION 2: Relinquishment of Enforcement Responsibility. The City of La Mesa hereby relinquishes its enforcement responsibility under the Mobilehome Parks Act and all related enforcement provisions cited in City Council Ordinance No. 2103.
SECTION 3: Designation of Authority.
A. The City Manager, or his/her designee, is authorized and directed to provide written notification to HCD, along with a copy of this ordinance, not less than ninety days prior to a proposed effective date of transfer of enforcement responsibility (“effective transfer date”). The City Manager, or their designee, is authorized to identify the effective transfer date in the written notification to HCD.
B. The City Manager, or their designee, is authorized and directed to transfer the appropriate fees to HCD, as identified in 25 CCR Section 1006, on or before the effective transfer date.
C. The City Manager, or their designee, is authorized and directed to transfer all park records to HCD, on or before the effective transfer date.
INTRODUCED AND READ at a Regular meeting of the City Council of the City of La Mesa, California, held the 23rd day of July 2024, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the _____th day of __________ 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________
MARK ARAPOSTATHIS, Mayor
ATTEST:
___________________________________
MEGAN WIEGELMAN, CMC, City Clerk
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 correct copy of Ordinance No. 2024- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited and that the same has been duly published according to law.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: July 23, 2024
SUBJECT: ACCEPTANCE AND APPROPRIATION OF THE CALIFORNIA HIGHWAY PATROL CANNABIS TAX FUND GRANT FOR FY25 IMPAIRED DRIVING EDUCATION AND ENFORCEMENT
PROGRAM
ISSUING DEPARTMENT: Police Department
SUMMARY:
Issues:
Should the City Council accept and appropriate funds from the California Highway Patrol Cannabis Tax Fund Grant FY-25, in the amount of $193,923.34, for the education, prevention, and enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products, for overtime, equipment, and training expenses incurred during the 12-month program? Recommendation:
In line with Vision Zero, staff recommends that the City Council accept and appropriate funds from the California Highway Patrol Cannabis Tax Fund Grant FY-25, in the amount of $193,923.34, for the education, prevention, and enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products, for overtime, equipment, and training expenses incurred during the 12-month program as outlined in this staff report. The funds will be appropriated in Fund 213, Public Safety Grants.
Fiscal Impact:
Participation by the La Mesa Police Department will be limited to paid overtime for police officers and sergeants to conduct enforcement and educational efforts and for specified equipment purchases used in enforcement and community education against drug and alcohol-impaired driving during the 12-month period (FY-25) of July 1, 2024, through June 30, 2025.
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Total costs are not to exceed the final grant award of $193,923.34 and will be reimbursed by billing the California Highway Patrol. With City Council approval, the maximum amount that the California Highway Patrol Cannabis Tax Fund Grant FY-25 would reimburse the City of La Mesa would be $193,923.34. The funds will be appropriated to and expended from the Public Safety Grant (213) Fund.
City’s Strategic Goals:
Maintain a community where residents and visitors feel safe.
BACKGROUND:
On September 25, 2018, the La Mesa City Council approved a resolution to adopt a Vision Zero plan to reduce traffic fatalities to zero in the City of La Mesa by the year 2025.
In 2023, the City was awarded its first CHP Cannabis Tax Fund Grant for FY-24. Those funds were used to train 26 officers in Standard Field Sobriety Tests to better protect the community against drunk and drugged drivers. In 2024, the City requested the CHP Cannabis Tax Fund Grant for FY-25.
The City has increased its population density around transit centers and the number of pedestriandense areas within the City. The City of La Mesa is expanding programs to encourage bicycle and pedestrian mobility, which also leads to more interactions between pedestrians, bicyclists, and motor vehicles. The City has 12 retail cannabis dispensaries.
The La Mesa Police Department has 70 sworn Officers, and the La Mesa Traffic Unit is fully staffed with one Sergeant and five Officers. Over the last two years, La Mesa has experienced a slight decrease in fatal collisions, from six to four, three of which involved alcohol and/or drugs.
In 2022, the City of La Mesa experienced 25 crashes involving alcohol and/or drugs, resulting in 31 injuries and two deaths. In 2023, the City of La Mesa experienced 32 crashes involving alcohol and/or drugs, resulting in 39 injuries. During the grant period of 2022 to 2023, we have had 32 alcohol or drug-related collisions resulting in 37 injuries. We have had only one fatality involving speed and alcohol/drugs as factors. In 2022 and 2023, speed was the leading primary collision factor, while Driving Under the Influence/ Driving Under the Influence of Drugs (DUI/DUID) was a close second. DUI/DUID impairment was one of the primary factors in numerous cases, which have been forwarded to the District Attorney for prosecution.
To address these issues, grant funding was awarded to purchase a marked police Ford F150 truck, for enforcement purposes. The F150 truck is pursuit-rated, will be used for DUI enforcement operations, and will be able to tow the message trailers and the DUI trailer. The F150 truck is not available in a hybrid and the EV truck is not pursuit rated. However, it is preferential to a standard Explorer Interceptor in this role because it provides better storage for traffic callout equipment as well as movement and maintenance of traffic signs and equipment. Lastly, the F150 truck allows
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us to avoid the need to borrow a vehicle from another unit during special events or enforcement details.
Included in the grant funding is the reimbursement for four DUI/DUID Saturation patrol enforcement details. Additionally, funding for glasses that simulate marijuana impairment for use at high school and community outreach presentations will be purchased. Finally, the grant provides funding to rent a Public Service Awareness billboard and purchase two solar-powered digital messaging board sign trailers to promote “Don’t Drive High” and other community service and public safety messages.
CONCLUSION:
Staff recommends that the City Council approve the acceptance of this grant and appropriation of the related funds.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Ray Sweeney
City Manager Chief of Police
Attachments:
A. Resolution
B. Grant Agreement
RESOLUTION NO. 2024-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF A GRANT
FROM THE CALIFORNIA HIGHWAY PATROL TO CONDUCT A LOCAL
TRAFFIC SAFETY PROGRAM FOR DUI ENFORCEMENT BY APPROVING THE ADDITION OF THE GRANT FUNDS TO THE FISCAL YEAR 2024-2025 BUDGET
________________________________________________________________ WHEREAS, on September 25, 2018, the La Mesa City Council approved a resolution to adopt a Vision Zero plan to reduce traffic fatalities to zero in the City of La Mesa by the year 2025;
WHEREAS, driving under the influence of alcohol and other drugs, including cannabis and cannabis products, hereinafter referred to as “impaired driving,” creates significant traffic safety problems;
WHEREAS, the California Highway Patrol has awarded to the City of La Mesa grant funds for training and equipment to enforce laws related to impaired driving; WHEREAS, the participating law enforcement agency is the La Mesa Police Department; and
WHEREAS, the City Council of the City of La Mesa has agreed that increasing training and acquiring equipment to enforce laws related to impaired driving is an important element in improving public safety.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, that the City Council authorizes the acceptance and appropriation of a grant from the California Highway Patrol, in the amount of $193,923.34, to conduct enforcement and education around DUI, DUI drugged driving and for equipment that will assist in public outreach and awareness. However, that if the actual revenue received from the source specified should be more or less than the amount set forth herein, that the appropriations shall be adjusted to equal the amount actually received. The appropriation will be in Fund 213, Public Safety Grants.
BE IT FURTHER RESOLVED that the City Council approves the addition of the grant funds to the Fiscal Year 2024-2025 budget in Fund 213, Public Safety Grants.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 23rd day of July 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)
State of California
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
17902 ________________________________________________________________
1. GRANT TITLE
FY24/25 CTFGP Law Enforcement - La Mesa Police Department
2. NAME OF ORGANIZATION/AGENCY
La Mesa Police Department
3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT
La Mesa Police Department
4. PROJECT PERFORMANCE PERIOD
From: 07/01/2024 To: 06/30/2025
5. PURCHASE ORDER NUMBER
6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.
The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.
7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $193,923.34
8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference.
The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B – Detailed Budget Estimate
• Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.
IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.
9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Ray Sweeney
Title: Chief of Police
Phone: (619) 667-1400
Address: 8085 University Avenue
La Mesa, CA 91942
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Andrew Beasley Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: C. M. Jones Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
10. AUTHORIZED FINANCIAL CONTACT TO RECEIVE
REIMBURSEMENT PAYMENTS
Name: Shelby Felan
Title: Business Office Supervisor
Phone: (619) 667-1400
Address: 8085 University Avenue
La Mesa, CA 91942
Ray Sweeney
Digitally signed by Ray
Sweeney
Date: 2024.06.26 17:31:00
-07'00' 06/26/24
TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
A. EXECUTION
1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.
2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.
3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.
4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.
5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.
B. PROJECT ADMINISTRATION
1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.
2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.
3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.
4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.
Equipment purchased under this Grant Agreement must only be used for approved Projectrelated purposes, unless otherwise approved by the State in writing.
5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.
TERMS AND CONDITIONS
C. PROJECT TERMINATION
1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law. b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.
2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.
4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.
D. FINANCIAL RECORDS
1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.
E. HOLD HARMLESS
1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.
TERMS AND CONDITIONS
F. NONDISCRIMINATION
1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employmentrelated leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.) G. AMERICANS WITH DISABILITIES ACT
1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) H. DRUG-FREE WORKPLACE
1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the Project will:
i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.
2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES
1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.
TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION
1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).
K. GRANT APPLICATION INCORPORATION
1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.
L. STATE LOBBYING
1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.
M. REPRESENTATION AND WARRANTIES
1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein. c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California taxexempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.
N. AIR OR WATER POLLUTION VIOLATION
1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE
1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.
2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.
P. RESOLUTION
1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.
Q. PAYEE DATA RECORD FORM STD. 204
1. This form shall be completed by all non-governmental Grantees.
R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM
1. This form shall be completed by all Grantees.
S. CONFLICT OF INTEREST
1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.
2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.
3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency. b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.
4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with
TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.
5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.
6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.
7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.
8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.
T. EQUIPMENT-USE TERMS
1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.
2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.
At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.
Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.
Schedule A
La Mesa Police Department
All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase.
Project Description
The City of La Mesa consistently ranks high for total number of injury collisions and impaired driving related collisions per O.T.S. data. Funds from this grant will be used to purchase a fully equipped and marked police vehicle to be used during CHP Cannabis Tax grant funded DUID saturation patrols. The salaries for DUID saturation patrols will also be requested in this grant and further justify the purchase of a grant vehicle. A vehicle available to be used during these details will increase visible enforcement, help reduce collisions caused by impaired driving, and improve public safety. Two Sotoxa Oral Fluid Analyzer Systems are being requested to aid officers in patrol and during DUID Saturation patrols in their impairment investigations and apprehensions.
Additional funds will be used to purchase two mobile message sign boards to be posted in City limits at various locations. The signs when not used during a detail will be placed on city streets near dispensaries as deterrent to driving while under the influence. The goal of the signs it to bring public awareness and education to drivers that they can get a DUI if they drive high. La Mesa has a high number of marijuana dispensaries per capita (14 dispensaries in 9 square miles). This causes a lot of vehicular traffic to drive through the City to purchase marijuana from the dispensaries. We would also request funds to rent a billboard for one year stating that, “If You Drive High, You Get a DUI,” the sign would also include something about LMPD working with CHP to reduce DUID.
Lastly, we are requesting two THC Goggles and starter kit to be used during our Citizen’s academy and other community events to educate and bring much needed awareness to drivers on the dangers of driving while under the influence of THC.
Problem Statement & Proposed Solution
Problem Statement
The City of La Mesa is nine square miles with an updated population of 60,721 people. The City has increased its population density around transit centers, and has increased the amount of pedestrian dense areas. The City of La Mesa is expanding programs to increase and encourage more interaction between vehicular traffic, bicycle and pedestrian traffic. The City has also expanded its cannabis licensing to include 14 cannabis retail dispensaries. The La Mesa Police Department is operated with 70 sworn Police Officers. The La Mesa Traffic Unit is fully staffed with one Sergeant and five Officers. Over the last two years, we have experienced a slight decrease in fatal collisions from six to four fatalities, three of which had alcohol and/or drugs as a factor.
In 2022, the City of La Mesa experienced 25 crashes involving alcohol and/or drugs, resulting in 31 injuries and two deaths. In 2023, the City of La Mesa experienced 32 crashes involving alcohol and/or drugs, resulting in 39 injuries. During the grant period of 2022 to 2023, we have had 32 alcohol or drug related collisions resulting in 37 injuries. We have had only one fatality involving speed and alcohol/drugs as factors. In 2022 and 2023, speed was the number one primary collision factor while DUI/DUID was a close second. We have found that DUI/DUID impairment was one of the primary factors in numerous cases which have been forwarded to the District Attorney for prosecution.
To address these issues, the City of La Mesa is requesting grant funding to purchase a marked police vehicle to be used for enforcement purposes. The City of La Mesa is also requesting funding to operate 4 DUID Saturation patrol enforcement details. Also, the City of La Mesa is requesting funding to rent a Public Service Awareness Bill Board and purchase to messaging board sign trailers to promote don’t drive high