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Administrative Agreement, City shall continue to notify the Participating Agencies of any amendments to City’s ordinances or Municipal Code relating to the Industrial Pretreatment and Source Control Program which may require the Participating Agencies to take action to ensure their ordinances, rules or regulations relating to Pretreatment conform or adhere to City’s rules and requirements. When necessary, each Participating Agency shall adopt and routinely maintain Industrial Pretreatment and Source Control Program ordinances or resolutions which conform or adhere to the rules adopted by City. City shall not require that the Participating Agencies adopt any ordinances or amendments that are more stringent than ordinances or amendments that have been adopted by City.
5. IDENTIFICATION OF INDUSTRIAL USERS. Participating Agencies shall be responsible for notifying all known Industrial Users in their jurisdiction which are subject to regulation under the Act about the change from Participating Agency to City Pretreatment oversight, and the change from Participating Agency to City direct billing and enforcement, by no later than the first July 1 after the Effective Date of this Administrative Agreement. The cost of this notice will be borne by the individual Participating Agency providing the notice. Each Participating Agency shall create and maintain a reporting procedure mutually acceptable to the City and Participating Agency that includes a monthly report identifying potential new Industrial Users, including the name of the business, business address, type of business, and contact information. The reporting procedure shall also include a requirement that the Participating Agency promptly inform the City of a potential new Industrial User after the Participating Agency becomes aware of the new potential Industrial User. Each Participating Agency shall provide notice and a blank copy of the City’s Industrial Wastewater Control Program Industrial User Permit application to each identified potential new Industrial User. The notice may indicate that the Pretreatment program fees or charges billed and collected by City are in addition to any business license fees, permits or general wastewater service charges adopted and imposed by the Participating Agency. The notice shall be in a form approved from time to time by City. Thereafter, it shall be the responsibility of the City and the potential new Industrial User to coordinate regarding potential permitting and compliance, subject to the provisions in Section 2.8.6 of the SARA which govern permitting and permit compliance. New residential users, and dischargers of FOG, including Food Establishments, to the Participating Agencies’ collection system need not be reported to City, absent unusual circumstances. City and each Participating Agency shall meet and confer prior to making changes to administrative procedures unique to a Participating Agency relating to the identification of a potential new Industrial User.
6. INVENTORY. City shall create and maintain an inventory, that will be available to the Participating Agencies upon request, of all Industrial Users within the Metro System as soon as reasonably practicable after the Effective Date of this Administrative Agreement. If the City includes this inventory in an annual report, no additional inventory is required to be created. Upon request from a Participating Agency, the City will provide the location or locations, and the point of contact for each Industrial User. City shall update this inventory as often as reasonably practicable, but by no later than March 1 of each year. If a Participating Agency is aware of an Industrial User within its jurisdiction which is not noted on the City’s inventory, the Participating
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Agency shall promptly notify the City of the name of the business, business address, type of business and contact information so that the City may investigate as appropriate.
7. EVALUATION, PERMITTING AND MONITORING. It shall be City’s right and obligation to perform all evaluation, permitting, and monitoring required under the Act or any National Pretreatment Standards as required by City’s NPDES permit, for all Industrial Users discharging to the Metro System. City shall review and amend its Pretreatment Requirements as necessary, but no less than every five (5) years, to ensure full compliance with Federal and State Laws. The City shall follow the requirements set forth in Section 2.8.6 of the SARA with respect to permitting and permit compliance. The City shall not be responsible for evaluation, permitting, or monitoring requirements contained in a Participating Agency’s NPDES Permit.
8. DILIGENT ENFORCEMENT. City shall be responsible for identifying any Interference or other unlawful Discharges by Industrial Users in the Metro System, other than Discharges by Food Establishments and other FOG dischargers, and shall be responsible for initiating and administering enforcement actions related to the violation of any applicable laws, rules, or regulations associated with Discharge. The Participating Agencies hereby delegate authority to City to diligently enforce the provisions of Article 4, of Chapter 6, commencing with § 64.0100, et seq. of City’s Municipal Code, as may be updated or amended, against Industrial Users throughout the Metro System and in each Participating Agency’s service areas, and City hereby accepts these enforcement rights, liabilities and obligations; provided, however, that each Participating Agency shall undertake within their boundaries, primary enforcement of Food Establishment and FOG Discharges to protect the collection system within its jurisdiction and City shall have no responsibility therefor.
(a) City may, in its authority as provided herein, commence informal or formal enforcement procedures against a delinquent Industrial User according to the procedures set forth in the City’s then current Enforcement Response Plan. If City issues formal enforcement to an Industrial User in a Participating Agency’s jurisdiction, City shall carbon-copy that Participating Agency on the letter or transmission delivering the Compliance Order to the Industrial User in order to ensure the Participating Agency receives notice that formal enforcement procedures have commenced in its jurisdiction.
(b) City may revoke an Industrial User permit as provided in City’s Enforcement Response Plan. Before a Permit Revocation Notice is delivered to an Industrial User in a Participating Agency’s jurisdiction, City shall contact that Participating Agency to discuss and, if necessary, coordinate termination of the Industrial User’s services. City and the Participating Agency shall work together in identifying a termination of services date before City delivers a Permit Revocation Notice to the Industrial User.
9. ENFORCEMENT AND COOPERATION BY PARTICIPATING
AGENCIES. Nothing herein shall be construed as prohibiting any Participating Agency from enforcing its own Pretreatment ordinance within its jurisdiction, nor shall this agreement require the City to accept a delegation of authority to enforce a Pretreatment ordinance adopted by a
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Participating Agency that is more stringent or contains different requirements than the City’s.
Notwithstanding the delegation of authority to City, each Participating Agency retains authority to implement and enforce its own ordinance and to contract with other agencies for such purposes, including without limitation through a joint powers agreement. However, such enforcement shall be in cooperation and coordination with the City and shall not interfere with City’s enforcement.
Participating Agencies shall be solely responsible for enforcement of Discharges of FOG and Food Establishments within their service areas. In the event a Participating Agency adopts an ordinance more stringent than City’s, the Participating Agency may enforce the ordinance itself, or negotiate and enter into a separate agreement with City under which City will enforce the Participating Agency’s ordinance; provided, however, that any added costs of such enforcement will be borne by the Participating Agencies adopting the ordinance and shall not be borne by City or the other Participating Agencies. If the authority of City to act as agent of a Participating Agency is challenged by any person in a manner which may restrict or prevent City from performing the permitting, inspection, monitoring or enforcing of applicable provisions of law, the Participating Agency will cooperate in good faith with City and take such actions as are reasonably necessary to ensure effective implementation and enforcement of the Participating Agency’s ordinance and this Administrative Agreement.
10. COSTS FOR INDUSTRIAL WASTE CONTROL PROGRAM. City shall, not less often than every 5 years, adopt resolutions establishing fees, costs, charges and fines sufficient to recover the full cost of carrying out the Industrial Pretreatment and Source Control Program.
City shall directly bill Industrial Users to recover the costs and charges of the Industrial Pretreatment and Source Control Program, with additional billings sent directly to Industrial Users as needed for any enforcement costs (including related monitoring) incurred by City. (a) Method for Allocating Industrial Pretreatment and Source Control Program Costs.
To establish the costs that are recovered from Industrial Users, the City will take the following steps during each annual budget process:
1. Determine the budgeted Total Program Costs for the upcoming Fiscal Year. The budgeted Trucked Waste Costs and budgeted General Benefits Costs shall be determined periodically, but no less often than every five (5) years, consistent with the cost-of-service study required by Section 10(d) below.
2. Deduct the budgeted Trucked Waste Costs and the amount of the budgeted General Benefits Costs from the budgeted Total Program Costs for the upcoming Fiscal Year.
In other words: (Total Program Costs) – (Trucked Waste Costs) – (General Benefits Costs) = (Industrial Users’ Costs)
3. Allocate the remaining costs to Industrial Users as Industrial Users’ Costs through permit fees and annual charges (“Permit Fees”).
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(b) If, at the end of a Fiscal Year, the actual Total Program Costs are determined to have exceeded the total amounts collected from Industrial Users’ Costs, Trucked Waste Costs, and General Benefit Costs, the remaining costs for that fiscal year shall be allocated to the City and the Participating Agencies with Industrial Users within their jurisdiction, in proportion to the total Permit Fees charged to Industrial Users in each Party’s jurisdiction compared to the total amount of Permit Fees charged for all Industrial Users for the applicable fiscal year. For example, if the Permit Fees charged for Industrial Users in the City of San Diego is $2,000,000, and the Permit Fees charged to all Industrial Users in that same fiscal year was $4,000,000 then fifty-percent (50%) of the remaining costs for that fiscal year ($2,000,000/$4,000,0000) will be allocated to the City of San Diego. The remaining Participating Agencies shall pay their respective proportionate shares according to the same methodology (Permit Fees charged for Industrial Users in the Participating Agencies Jurisdiction divided by the total Permit Fees charged for the fiscal year). See the table attached hereto as Attachment B for a more complete example. (c) City shall seek, to the maximum extent permitted by law, to ensure that Industrial Users’ Costs shall be paid for entirely by the Industrial Users regulated under the ordinances of City and Participating Agencies, through permit fees, fines, administrative penalties, inspection fees and other cost recovery mechanisms provided for under the ordinances of City and Participating Agencies, as applicable. However, this section is not intended to prevent the City from approving Industrial User fees based on a cost of service study that phases in fee increases to mitigate significant fee spikes, which may not be fully cost recoverable for a specific fiscal year as further discussed in subsection 10(h) below.
(d) Periodically, but no less often than every five (5) years, City shall cause to be performed a cost-of-service study or other appropriate study to ensure that permit fees, fines, administrative penalties, inspection fees and other cost recovery mechanisms, including General Benefit costs, are sufficient to fully fund the Industrial Pretreatment and Source Control Program.
The City will work with Metro JPA staff as part of this process in advance of any presentation to the Metro Commission or the San Diego City Council. The costs of this study shall be allocated based on the results of the study as either programmatic or administrative costs. (e) The City will bring a yearly update to the Metro Commission, after the release of the City’s Annual Comprehensive Financial Report (ACFR), that provides an update on the program and will include recorded revenues and expenses for the completed year. (f) City will provide notice of fee structure changes in accordance with the requirements of City’s Municipal Code as well as applicable state rules. (g) City will make a good faith effort to conduct outreach to Industrial Users regarding potential changes to the program fees.
(h) If the City proposes a fee structure for Industrial User fees based on a cost of service study that is not fully cost recoverable for a fiscal year (or years) that are part of the study in order to phase-in or mitigate significant fee increases for Industrial Users, the City will provide a presentation to the Metro Commission on the proposed fees and how it would impact the
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calculation in Sections 10(a) and 10(b) above. If the Metro Commission takes a vote regarding the proposed fee structure, City staff will provide that information to the City Council for the City Council’s consideration at the time the proposed fees are before the City Council for adoption, however, the City Council may choose to adopt the fee or not, in accordance with its legislative authority. If the fees adopted based on a cost of service study are set at an amount intended to recover the full cost of carrying out the Industrial Pretreatment and Source Control Program over the study period (but not to exceed five (5) years), no Participating Agency shall have a claim against the City for a failure to adopt fully cost recoverable fees. (i) City will in its sole discretion select and procure billing system software to use for this program.
11. TERMINATION OF INDIVIDUAL PRETREATMENT AGREEMENTS.
Any and all previously approved “Interjurisdictional Pretreatment Agreements” between City and any Participating Agency shall be terminated on the Effective Date of the SARA.
12. PERMIT OBLIGATIONS CONTINUE. Nothing herein shall be construed to relieve any Industrial User to the Metro System of the responsibility to obtain a permit for, and to comply with rules and regulations applicable to Industrial Users to the Metro System.
13. LIABILITIES. If a third-party liability, penalty or fine arises relating to City’s operation of this Industrial Pretreatment and Source Control Program, then all costs arising from the liability, penalty or fine shall be directly passed through to the Industrial User(s) found to be responsible for the liability, penalty or fine. If the Industrial User(s) responsible for the liability, penalty or fine cannot be ascertained or identified, or if the Industrial User(s) initiates bankruptcy proceedings or is declared bankrupt, then the liability, penalty or fine shall be absorbed as part of the Total Program Costs, and shall be allocated among the City and the Participating Agencies in accordance with the methodology described in Section 10(b). The Participating Agencies shall not be responsible for any liability, penalty or fine, or portion thereof, that arises from City’s gross negligence or willful misconduct.
14. DELEGATION OF AMENDMENT OR TERMINATION AUTHORITY TO METRO COMMISSION. The Participating Agencies hereby delegate to the Metro Commission the authority to approve, by a vote of no less than two-thirds of the members of the Metro Commission at a duly noticed public meeting (in other words, upon the affirmative vote of no less than eight of the twelve members of the Metro Commission, irrespective of how many Metro Commissioners are present at the meeting), any amendments or supplements to this Administrative Agreement, including, if necessary, termination of this Administrative Agreement.
15. MISCELLANEOUS PROVISIONS.
(a) A Participating Agency’s local limits may be more stringent than the City’s Local Limits, but may not be less stringent.
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(b) City is performing services under this Administrative Agreement as an independent contractor and is not an employee of any of the Participating Agencies. No employee or agent of City shall be considered an employee of any of the Participating Agencies. City shall be and remain responsible for all payroll, compensation, employee benefits, and employment administration of any of its employees who perform services under this Administrative Agreement. (c) Books, documents, papers, accounting records, and other evidence pertaining to costs and revenues related to this Administrative Agreement shall be maintained by City and made available Participating Agencies to the same extent as under the SARA. (d) If any term of this Administrative Agreement shall be held invalid in any judicial action, the remaining terms shall be unaffected.
(e) Other agreements by and between the Parties to this Administrative Agreement or any other entity are neither prohibited nor modified in any manner by execution of this Administrative Agreement, except as expressly provided herein. (f) Except as otherwise provided in this Administrative Agreement, the rights and obligations of any Party to this Administrative Agreement shall not be assignable or transferable without the consent of the governing body of each Party hereto; provided, however, that this provision shall not affect City’s ability to contract with a third party to provide services related to this Administrative Agreement.
(g) This Administrative Agreement is made in the State of California, under the Constitution and laws of such State, and shall be construed and enforced in accordance with the laws of such State.
(h) This Administrative Agreement shall be binding upon and shall inure to the benefit of the successors of the Parties hereto.
(i) The Parties are hereby authorized to take any and all legal or equitable actions, including but not limited to an injunction and specific performance, necessary or permitted by law to enforce this Administrative Agreement.
(j) Except as otherwise may be provided in this Administrative Agreement, neither this Administrative Agreement nor any provision hereof may be modified or amended except by a written instrument approved pursuant to Section 15 of the SARA. In the event of any conflict between the SARA and this Administrative Agreement, the terms of the SARA shall control. (k) This Administrative Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same agreement. (l) All the covenants contained in this Administrative Agreement are for the express benefit of each and all such Parties. This Administrative Agreement is not intended to benefit any third parties, and any third-party beneficiaries are expressly disclaimed.
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(m) Notices required or permitted hereunder shall be provided in the manner set forth in the SARA.
(n) The individuals executing this Administrative Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. (o) The term of this Administrative Agreement shall run concurrently with and remain in effect in accordance with the provisions of Section 15 of the SARA.
IN WITNESS WHEREOF, the Parties have executed this Administrative Agreement effective as of the date first set forth above.
CITY OF CHULA VISTA
Name:
Title:
Approved as to Form:
Name:
Title:
CITY OF CORONADO
Name:
Title:
Approved as to Form:
Name:
Title:
CITY OF DEL MAR
Name:
Title:
Approved as to Form:
Name:
Title:
CITY OF EL CAJON
Name:
Title:
Approved as to Form:
Name:
Title:
CITY OF IMPERIAL BEACH
Name:
Title:
Approved as to Form:
Name:
Title:
CITY OF LA MESA
Name:
Title:
Approved as to Form:
Name:
Title:
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LEMON GROVE SANITATION
DISTRICT
Name:
Title:
Approved as to Form:
Name:
Title:
CITY OF NATIONAL CITY
Name:
Title:
Approved as to Form:
Name:
Title:
OTAY WATER DISTRICT
Name:
Title:
Approved as to Form:
Name:
Title:
PADRE DAM MUNICIPAL WATER
DISTRICT
Name:
Title:
Approved as to Form:
Name:
Title:
CITY OF POWAY
Name:
Title:
Approved as to Form:
Name:
Title:
CITY OF SAN DIEGO
Name:
Title:
Approved as to Form:
Name:
Title:
SAN DIEGO COUNTY SANITATION
DISTRICT
Name:
Title:
Approved as to Form:
Name:
Title:
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ATTACHMENT A
Ordinance of the [Member Agency] Amending Ordinance [xxx] Delegating Authority to City of San Diego to Enforce Regulations for the Discharge of Wastewater to Sewerage Facilities, Pretreatment and Source Control Program
WHEREAS, [Participating Agency] has adopted Ordinance/Resolution [number], establishing a local sewer use ordinance, including a pretreatment and source control program to control discharges from all industrial and other users of its wastewater collection and treatment system pursuant to the requirements of 40 CFR Part 403 and California law; and WHEREAS, [Participating Agency] has contracted with City of San Diego to manage, treat and dispose of wastewater discharged within [Participating Agency]’s boundaries and conveyed to the Metropolitan Sewerage System, a regional wastewater system owned by City of San Diego and in which [Participating Agency] owns contract capacity; and WHEREAS, Government Code sections 6502 and 6513, and [Water Code section, etc.] provide authority for [Participating Agency] to contract with City of San Diego for such purposes and to delegate to City of San Diego primary responsibility for implementation and enforcement of Ordinance [number], as may be amended from time to time; and WHEREAS, [Participating Agency] desires City of San Diego to assume primary responsibility for implementation and enforcement of [Participating Agency] ’s regulations for the control of discharges to the Metropolitan Sewerage System from all industrial and other users of its wastewater collection and treatment system pursuant to the requirements of 40 CFR Part 403 and California law, other than food establishments and dischargers of fats, oils and grease for which [Participating Agency] retains primary responsibility, and the City of San Diego shall not be responsible for, and does not accept authority or responsibility to inspect, monitor or enforce any source control program requirements for any Participating Agency’s NPDES permits.
NOW, THEREFORE BE IT ORDAINED:
1. Notwithstanding any provision of Ordinance [number] to the contrary, the [City council/Board of Directors], hereby delegates to City of San Diego authority to implement and enforce the terms and conditions of the Industrial Waste Discharge Pretreatment and Enhanced Source Control Program in [Participating Agency’]s jurisdiction as the agent of [Participating Agency], to be effective upon the date of execution of the ADMINISTRATIVE AGREEMENT BETWEEN CITY OF SAN
DIEGO AND PARTICIPATING AGENCIES IN THE METROPOLITAN
SEWERAGE SYSTEM FOR UNIFIED MANAGEMENT OF INDUSTRIAL
WASTE DISCHARGE PRETREATMENT AND ENHANCED SOURCE
CONTROL PROGRAM dated [insert], as may be amended from time to time, to the
SECOND AMENDED AND RESTATED REGIONAL WASTEWATER DISPOSAL
AGREEMENT BETWEEN CITY OF SAN DIEGO AND THE PARTICIPATING AGENCIES IN THE METROPOLITAN SEWERAGE SYSTEM.
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2. A copy of this amendment shall be forwarded to City of San Diego by the clerk/secretary forthwith upon its adoption.
Approved and adopted by the following vote this ___ day of ____, 2025:
Ayes:
Noes:
Absent
Abstain:
[add signature lines for chair of governing body and secretary/clerk]
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: November 12, 2025
SUBJECT: CONSIDERATION OF AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LA MESA ADDING
SECTION 24.053.080.D TO THE LA MESA MUNICIPAL
CODE REQUIRING CITY COUNCIL AUTHORIZATION
TO APPROVE CANCELLATION OF AFFORDABLE OR
SENIOR HOUSING AGREEMENTS
ISSUING DEPARTMENT: Community Development
SUMMARY:
Issues:
Should Title 24 of the La Mesa Municipal Code be amended to add a new section (Section 24.053.080.D.) that would require City Council authorization to approve cancellation of affordable or senior housing agreements? Recommendation:
That the City Council introduce the first reading of the Ordinance to amend Title 24 of the La Mesa Municipal Code, to add a new section, Section 24.053.080.D, requiring City Council authorization to approve cancellation of affordable or senior housing agreements (Attachment A).
Fiscal Impact:
There is no fiscal impact that would result from the adoption of the Ordinance.
City’s Strategic Goals:
Promote a high quality of life that current and future generations can afford to call home.
Report to Mayor and Councilmembers
Date: November 12, 2025
Page: 2 of 3
Environmental Review:
The proposed amendment to Title 24 of the La Mesa Municipal Code, to add a new section , Section 24.053.080.D, to require authorization of the City Council to approve the cancellation of affordable or senior housing agreements, is not considered a “project” under the California Environmental Quality Act (CEQA) (Public Resources Code § 21605 and CEQA Guidelines §15378) because the action would not result in a direct or reasonably foreseeable indirect physical change in the environment. Therefore, no further environmental review is necessary.
BACKGROUND:
On July 8th, 2025, in consideration that housing affordability is a priority of the City of La Mesa (City), the City Council directed the City Manager to establish a process that would require City Council approval prior to the cancellation of affordable housing agreements including senior housing agreements. To implement the direction of the City Council, staff has drafted an ordinance (Ordinance) to amend Title 24 of the Municipal Code (zoning code) by adding Section 24.053.080.D, which would require City Council authorization to approve the cancellation of any affordable or senior housing agreements.
State law requires that zoning code amendments be submitted to the Planning Commission for a recommendation to the City Council. On October 15, 2025, the Planning Commission considered the Ordinance and voted unanimously to recommend that City Council approve the Ordinance (Attachment B).
DISCUSSION:
The City of La Mesa recognizes that housing affordability is essential to the economic vitality and long-term sustainability of the City. A diverse range of housing options supports the local workforce, attracts and retains businesses, and contributes to a balanced economy. Maintaining affordable homes helps to ensure that residents of varying income levels can continue to live and work in the community, reducing commute times, supporting local spending, and fostering neighborhood stability.
In addition, preserving affordable housing is a priority for the City and a key component of compliance with the City’s Housing Element and state housing laws. The State of California requires jurisdictions to protect and promote affordable housing opportunities to meet identified regional housing needs. Safeguarding the City’s stock of affordable homes demonstrates La Mesa’s commitment to housing for all and is in alignment with the City’s broader Strategic Plan goal of livability, where promoting a high quality of life that current and future generations can afford to call home is a City priority.
Report to Mayor and Councilmembers
Date: November 12, 2025
Page: 3 of 3
CONCLUSION:
Establishing a formal process requiring City Council review and approval prior to the cancellation of affordable housing agreements would promote transparency and accountability, strengthen the City’s commitment to long-term housing affordability, and ensure that any incentives or waivers previously granted for affordable units continue to provide a lasting public benefit consistent with the goals of the City’s Housing Element and state housing laws. Therefore, staff recommends that the City Council adopt the Ordinance.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Lynnette Santos
City Manager Director of Community Development
Attachments:
A. Ordinance 2025-XX
B. Planning Commission Resolution PC-2025-19
ORDINANCE NO. 2025-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA ADDING A NEW SECTION 24.053.080.D TO THE LA MESA MUNICIPAL
CODE REQUIRING CITY COUNCIL AUTHORIZATION TO APPROVE
CANCELLATION OF AFFORDABLE OR SENIOR HOUSING AGREEMENTS WHEREAS, currently, requests for cancellation of affordable or senior housing agreements required pursuant to La Mesa Municipal Code 24.053.080 may be approved administratively by the Director of Community Development (subject to appeal to the Council); WHEREAS, on July 8, 2025, this Council directed the City Manager not to approve said requests without City Council authorization;
WHEREAS, this Ordinance implements the requirement for said City Council authorization;
WHEREAS, the Planning Commission adopted Resolution PC-2025-19, on October 15th, 2025, 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 October 28th, 2025, regarding this Ordinance;
WHEREAS, notices of all said public hearing were made at the time and in the manner required by law; and
WHEREAS, this Ordinance, is not considered a “project” under the California Environmental Quality Act (CEQA) (Public Resources Code §21065 and CEQA Guidelines §15378) because the action would not result in a direct or reasonably foreseeable indirect physical change in the environment.
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 Ordinance, to amend Title 24 of the La Mesa Municipal Code, adding a new Section 24.053.080.D, to establish the cancellation process of affordable and senior housing agreements, is not considered a “project” under the California Environmental Quality Act (CEQA) (Public Resources Code §21065 and CEQA Guidelines §15378) because the action would not result in a direct or reasonably foreseeable indirect physical change in the environment.
SECTION 2: A new Section 24.053.080.D is hereby added to the La Mesa Municipal Code to read as follows:
“Cancellation of affordable or senior housing agreements required pursuant to this section shall only be authorized by the City Council.” 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 28th day of October 2025, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the _____th day of __________ 2025, by the following vote, to wit:
AYES:
NOES:
ABSE
NT:
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. 2025- , 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)
RESOLUTION NO. PC-2025-19
A RESOLUTION OF THE CITY OF LA MESA PLANNING COMMISSION
OF LA MESA, CALIFORNIA, RECOMMENDING THAT CITY COUNCIL
AMEND TITLE 24 OF THE LA MESA MUNICIPAL CODE TO ADD
SECTION 24.053.080.D TO REQUIRE THE AUTHORIZATION OF CITY
COUNCIL TO APPROVE THE CANCELLATION OF AFFORDABLE AND
SENIOR HOUSING AGREEMENTS.
WHEREAS, the City of La Mesa recognizes that housing affordability is essential to the economic vitality and long-term sustainability of the City; WHEREAS, on July 8, 2025, the City of La Mesa City Council directed the City Manager to establish a process that would require City Council authorization to approve the cancellation of affordable housing agreements, which would include senior housing agreements;
WHEREAS, to implement the direction of City Council, an ordinance to amend Title 24 of the La Mesa Municipal Code (LMMC) to add Section 24.053.080.D is proposed for City Council consideration and approval;
WHEREAS, the adoption of LMMC 24.053.080. D, is not considered a “project” under the California Environmental Quality Act (CEQA) and therefore no further environmental review is necessary;
WHEREAS, on October 15, 2025, the Planning Commission of the City of La Mesa held a duly notice public hearing to consider recommending that City Council amend Title 24, to add Section 24.053.080.D to require Council authorization to approve the cancellation of affordable and senior housing agreements; WHEREAS, based on the totality of the record and evidence described and referenced in this Resolution, the Planning Commission finds that the proposed amendment to Title 24 is consistent with the purpose of the General Plan and Municipal Code.
THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS:
1. The proposed amendment will ensure and maintain internal consistency with the objectives, policies, general plan land uses, programs, and actions of all elements of the City of La Mesa General Plan including the City’s Housing Element.
2. The proposed amendment would not be detrimental to the City’s public convenience, health, safety, and general welfare of the City.
Resolution PC-2025-19 October 15, 2025
2 3. The proposed amendment to Title 24 of the La Mesa Municipal Code, to amend Title 24 to establish the cancellation process of affordable and senior housing agreements, is not considered a “project” under the California Environmental Quality Act (CEQA) (Public Resources Code §21065 and CEQA Guidelines §15378) because the action would not result in a direct or reasonably foreseeable indirect physical change in the environment. Therefore, no further environmental review is necessary.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Mesa, California, as follows:
1. The foregoing recitals and determinations are true and correct and an integral part of the Planning Commission's decision and are hereby made a part hereof.
2. The Planning Commission recommends that the City Council amend Title 24 to adopt Municipal Code Section 24.053.080.D., as shown in Exhibit A, to require Council authorization to approve cancellation of affordable and senior housing agreements.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of La Mesa, California, held the 15th day of October, 2025, by the following vote, to wit:
AYES: Torpey, Harris, Reed, Regier
NOES: None
ABSENT: Jones
ABSTAIN: None
I, Lynnette Santos, Director of Community Development, do hereby certify the foregoing to be a true and exact copy of Resolution PC-2025-19, duly passed and adopted by the Planning Commission.
Lynnette Santos,
Director of Community Development
Resolution PC-2025-19 October 15, 2025
3 Exhibit A
PROPOSED AMENDMENTS TO TITLE 24 (ZONING) SECTION 24.053.080 OF THE LA MESA MUNICIPAL CODE, TO ADD 24.053.080. D. TO REQUIRE COUNCIL
AUTHORIZATION TO APPROVE THE CANCELLATION OF AFFORDABLE AND SENIOR HOUSING AGREEMENTS.
Chapter 24.053 AFFORDABLE HOMES BONUS PROGRAM SECTION 24.053.080
24.053.080 Affordable housing agreement and senior housing agreement.
A. Except where a density bonus is provided for a market-rate senior housing development, the applicant shall enter into an affordable housing agreement with the city, in a form approved by the city attorney, to be executed by the city manager, to ensure that the requirements of this subsection are satisfied. The affordable housing agreement shall guarantee the affordability of the affordable units for a minimum of 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; and shall specify phasing of the affordable units in relation to the market-rate units.
B. Where a density bonus is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the city, running with the land, in a form approved by the city attorney, to be executed by the city manager, to require that the housing development be operated as "housing for older persons" consistent with State and federal fair housing laws.
C. The executed affordable housing agreement or senior housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development. The affordable housing agreement or senior housing agreement shall be binding on all future owners and successors in interest.
D. Cancellation of affordable or senior housing agreements required pursuant to this section shall only be authorized by the City Council.
DATE: November 12, 2025
TO: City Council
FROM: Mayor Mark Arapostathis and Councilmember Patricia Dillard, Subcommittee Regarding City Council Initiated Items (“Subcommittee”) SUBJECT: SUBCOMMITTEE RECOMMENDATION
On January 14, 2025, the Mayor designated the Subcommittee to discuss and make recommendations to the Council regarding the placement of Council initiated items on the agenda.
On September 23, 2025, the Subcommittee convened and recommends that Council initiated items be initiated by two Councilmembers (includes Mayor). As such, it is significantly less likely that an item will die (no vote taken) for lack of a second (to a motion) due to at least two Councilmembers in support (initiators).
This new requirement is intended to conserve limited Council time and staff resources by enhancing the viability of Council initiated items forwarded to the Council.
Furthermore, the Subcommittee noted that on March 10, 2009, the Council adopted (via motion) a policy which provides that:
“Only City Councilmembers (i.e., via Council initiated items) and the City Manager may place items of City business on the agenda. Any outside requests for items to be placed on the agenda by the public may only be made during the Public Comment portion of the agenda. The Council shall only consider items requested by the public which directly impact City administration or operations” (the Policy).
The Policy, which remains in effect to date, was intended to conserve limited Council time and staff resources by avoiding the expenditure of the same on matters that the City has no jurisdiction or control. Keeping with this same intention, and considering the age of the Policy (over 16 years), the Subcommittee recommends that it be reaffirmed by Council resolution.
To implement its recommendations, the Subcommittee recommends the adoption of the draft resolution attached hereto as Attachment “A.” Attachments:
A. Recommended Draft Resolution
B. Existing Resolution No. 2002-059
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
RESCINDING RESOLUTION NO. 2002-059 AND ADOPTING A NEW
RESOLUTION WHICH REQUIRES TWO COUNCILMEMBERS (INCLUDING
THE MAYOR) TO PLACE A COUNCIL INITIATED ITEM ON THE AGENDA AND CLARIFYING PROCEDURAL RULES RELATED THERETO; AND,
REAFFIRMING AN EXISTING POLICY (ADOPTED BY COUNCIL MOTION)
REQUIRING THAT THE COUNCIL SHALL ONLY CONSIDER ITEMS
REQUESTED BY THE PUBLIC WHICH DIRECTLY IMPACT CITY
ADMINISTRATION OR OPERATIONS
WHEREAS, La Mesa Municipal Code (“LMMC”) Chapter 2.08 addresses rules of decorum and operation for City Council meetings;
WHEREAS, LMMC Chapter 2.12 sets forth the duties and privileges of the Mayor as the presiding officer and parliamentarian of the City Council; WHEREAS, Resolution No. 2002-059 authorizes Council-initiated items to be placed on the agenda by one Councilmember (including the Mayor);
WHEREAS, the Council now desires that Council-initiated items shall only be placed on the agenda by two Councilmembers (including the Mayor) subject to certain conditions; WHEREAS, an existing policy (adopted by Council motion) requires that the Council shall only consider items requested by the public which directly impact City administration or operations; and
WHEREAS, the Council desires to reaffirm said policy.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, the following:
1. Rules of decorum and operation are hereby adopted:
a. Council Initiated Items:
All Council initiated requests shall be made in writing directly to the City Manager. If the City Manager and the two Councilmembers (including the Mayor) making such a request agree that the issue is appropriate and relevant to the official business of the City, the City Manager shall notify the City Clerk to place such item on the agenda for the next available meeting. The requesting Councilmembers (including the Mayor) must provide the City Clerk by Wednesday at noon before a Tuesday meeting, all appropriate background material necessary and relevant for informed Council consideration. If such material is not forwarded to the City Clerk in time for agenda distribution, the item shall be included on the next available agenda.
b. “Council Reports” preempt “Council Remarks” on the agenda:
The category section of the City Council Agenda known as “City Council remarks” shall be replaced with a new category section, to be referred to as “Council Committee Reports (3 minute limit).” This section shall consist of nonaction items and shall authorize all duly appointed Council members representing the City on a regional board or commission to report on the actions of said board’s or commission’s most recent meeting at the following City Council meeting for not longer than 3 minutes. Said report shall include only relevant information or action taken that applies to or impacts the City and/or region. If said representative deems it necessary or appropriate to invite a staff member or representative of the board or commission assigned to them to make a formal presentation on a specific issue/subject, an invitation may be extended and presentation made.
c. Voir Dire (Disclosure):
Regarding quasi-adjudicative matters (i.e., when the City Council is charged with applying general law to specific facts for purposes of either approving or denying a request for an entitlement such as a subdivision map, variance or conditional use permit) before the City Council, the Mayor shall request that Councilmembers disclose any information (and source) resulting from ex parte communications (contact outside the context of the entire Council’s consideration) which constitutes information not before the Council (i.e., not in the staff report or part of the record before it), and any such Councilmembers shall so disclose. The intent of said disclosure is to: (1) comply with the law; (2) reveal all information necessary for a fair, impartial and informed Council decision; and (3) avoid the appearance of impropriety. The Mayor shall also be subject to this disclosure rule.
2. The Council hereby affirms the existing policy (adopted by Council motion) that the Council shall only consider items requested by the public which directly impact City administration or operations.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 12th day of November 2025, 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. 2025- , 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)
RESOLUTION NO. 2002-059
RESOLUTION ESTABLISHING SUPPLEMENTAL RULES OF DECORUM
AND OPERATION FOR CITY COUNCIL MEETINGS
WHEREAS, La Mesa Municipal Code ("Municipal Code") Chapter 2.08 addresses roles of decorum and operation for City Council meetings; and WHEREAS, Municipal Code Chapter 2.12 sets forth the duties and privileges of the Mayor as the presiding officer and parliamentarian of the City Council; and WHEREAS, it is the desire of the Mayor and the City Council to supplement said chapters in the manner and fashion described herein.
BE IT AND IT IS HEREBY RESOLVED that the City Council of the City of La Mesa, California, does hereby resolve that the following rules of decorum and operation are hereby adopted:
1. Council Initiated Items:
All Council initiated requests shall be made directly to the City Manager. If the City Manager and the Council member making such a request agree that the issue is appropriate and relevant to the official business of the City, the Manager shall notify the City Clerk to place such item on the agenda for the next scheduled meeting. The requesting council member must provide to the City Clerk for agenda distribution purposes, all appropriate background material necessary and relevant for informed Council consideration. If such material is not forwarded to the City Clerk in time for agenda distribution, the item shall not be included on the agenda.
2. "Council Reports" preempt "Council Remarks" on the Agenda:
The category section of the City Council Agenda known as "City Council remarks" shall be replaced with a new category section to be referred to as " Council Reports ( non-action items/3 minute limit)." This new category section shall authorize all duly appointed Council members representing the City on a
regional board or commission to report on the actions of said board's or commission's most recent meeting at the following City Council meeting for not longer than 3 minutes. Said report shall include only relevant information or action taken that applies to or impacts the City and/or region. If said representative deems it necessary or appropriate to invite a staff member or representative of the board or commission assigned to them to make a formal presentation on a specific issue/subject, an invitation may be extended and presentation made.
3. Voir Dire (Disclosure):
Regarding quasi-adjudicative matters ( i.e., when the City Council is charged with applying general law to specific facts for purposes of either approving or denying a request for
an entitlement such as a subdivision map, variance or conditional use permit) before the City Council. the Mayor shall request that Council members disclose any information ( and source) resulting from ex parte communications ( contact outside the context of the entire Council's consideration) which constitutes information not before the Council (i.e., not in the staff report or part of the record before it), and any such Council members shall so disclose. The intent of said disclosure is to: (1) comply with the law; (2) reveal all information necessary for a fair, impartial and infom~ed Council decision; and (3) avoid the appearance of impropriety. The Mayor shall also be subject to this disclosure rule.
PASSED AND ADOPTED at a
regular meeting of the City Council of the City of
La Mesa, California, held the llth day of June 2002, by the following vote, to wit:
AYES: Councilmembers Allan, Jantz, Knepper, Sterling and Mayor Madrid NOES: None
ABSENT: None
CERTIFICATE OF CITY CLERK
I, MARY J. KENNEDY, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be true and exact copy of Resolution No. 2002-059, duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MARY J. KENNEDY, CMC, City'CleiSk
SEAL OF CITY)
DATE: November 12, 2025
TO: Mayor and Members of the City Council
FROM: Vice Mayor Lauren Cazares and Councilmember Genevieve Suzuki SUBJECT: CONSIDERATION OF REINSTATING THE LIBRARY TASK FORCE TO
HELP FACILITATE COMMUNITY AND STAKEHOLDER ENGAGEMENT
IN THE CIVIC CENTER UPDATE AND FUTURE LIBRARY EXPANSION Councilmember Genevieve Suzuki and I attended the annual meeting of the Friends of the La Mesa Library, where reinstating the Library Task Force was a direct request from the community. This effort will help facilitate meaningful stakeholder engagement as we move forward with the Civic Center revitalization and plan for a modern, expanded library that meets La Mesa’s long-term needs.