Agenda — Lemon Grove City Council, April 5, 2022

City of Lemon Grove
City Council Regular Meeting Agenda
Tuesday, April 5, 2022, 6:00 p.m.

Lemon Grove Community Center
3146 School Lane, Lemon Grove, CA 91945
For everyone’s protection, all attendees must maintain a safe social distance. Face coverings are optional but strongly recommended during the meeting.

City Council
Racquel Vasquez, Mayor
Jerry Jones, Mayor Pro Tem
Jennifer Mendoza, Councilmember
Liana LeBaron, Councilmember
George Gastil, Councilmember
A complete agenda packet is available for review on the City’s website The City Council also sits as the Lemon Grove Housing Authority, Lemon Grove Sanitation District Board, Lemon Grove Roadway Lighting District Board, and Lemon Grove Successor Agency
Call to Order
Pledge of Allegiance
Changes to the Agenda
Presentation(s)
Annual Lemon Grove Essay Contest Winners, Roberta Bulling Helix Water District – East County Advanced Water Purification, Carlos Lugo, General Manager and Brian Olney Assistant General Manager
Public Comment
Digitally submitted public comments received by the City Clerk at [email protected] will not be read out-loud during the meeting. However, they will be provided to the City Council and remain part of the meeting’s records. Per the Lemon Grove Municipal Code Section 2.14.150, live comments are allotted a maximum of three (3) minutes.

Consent Calendar
(Note: The items listed on the Consent Calendar will be enacted in one motion unless removed from the Consent Calendar by Council, staff, or the public.)

1.A Waive Full Text Reading of All Ordinances on the Agenda Reference: Kristen Steinke, City Attorney
Recommendation: Waive the full text reading of all ordinances included in this agenda; Ordinances shall be introduced and adopted by title only.

1.B City of Lemon Grove Payment Demands
Reference: Joseph Ware, Finance Director
Recommendation: Ratify Demands
City of Lemon Grove City Council Meeting April 5, 2022
Continued Item from March 1, 2022 City Council Meeting
Public Hearing(s):

2. Public Hearing to Consider an Appeal of the Community Development Manager’s Decision to approve Minor Use Permit MUP-210-0007, a Request to Establish Early Separation Findings for a Medical Marijuana Dispensary at 8280 Broadway in the Heavy Commercial Zone
Reference: Bill Chopyk, Interim Community Development Manager Recommendation: 1) Conduct the Public Hearing; 2) Receive Public Comment; and 3) Adopt a Resolution denying the appeal or approving the appeal. Denial of the appeal would approve Minor Use Permit (MUP) MUP-210-0007 to establish early separation findings for a medical marijuana dispensary (MMD) pursuant to Municipal Code Chapter 17.32 at 8280 Broadway in the Heavy Commercial (HC) zone. Approval of the appeal would deny Minor Use Permit MUP-210- 0007.

City Council Reports on Meetings Attended at the Expense of the City (GC 53232.3 (d)) (53232.3. (d) states that members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.) City Manager Report
Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code § 54956.9(a) Name of Case: Project for Open Government vs. City of Lemon Grove; and Does 1 through 100 Case No.: 37-2022-00010862-CU-MC-CTL) Adjournment

AFFIDAVIT OF NOTIFICATION AND POSTING

STATE OF CALIFORNIA )

COUNTY OF SAN DIEGO ) SS

CITY OF LEMON GROVE )
I, Audrey Malone, City Clerk of the City of Lemon Grove, hereby declare under penalty of perjury that a copy of the above Agenda of the Regular Meeting of the City Council of the City of Lemon Grove, California, was delivered and/or notice by email not less than 72 hours, before the hour of 6:00 p.m. on March 31, 2022 to the members of the governing agency, and caused the agenda to be posted on the City’s website at www.lemongrove.ca.gov and at Lemon Grove City Hall, 3232 Main Street Lemon Grove, CA 91945.
/s/: Audrey Malone
Audrey Malone, City Clerk
In compliance with the Americans with Disabilities Act (ADA), the City of Lemon Grove will provide special accommodations for persons who require assistance to access, attend and/or participate in meetings of the City Council. If you require such assistance, please contact the City Clerk at (619) 825-3800 or email [email protected]. A full agenda is available for public review at City Hall.

City of Lemon Grove City Council Meeting April 5, 2022
Continued Item from March 1, 2022 City Council Meeting
Public Hearing(s):

AFFIDAVIT OF NOTIFICATION AND POSTING

STATE OF CALIFORNIA )

COUNTY OF SAN DIEGO ) SS

CITY OF LEMON GROVE

CITY COUNCIL

STAFF REPORT
Item No. 1.A
Meeting Date: April 5, 2022
Submitted to: Honorable Mayor and Members of the City Council Department: City Manager’s Office
Staff Contact: Kristen Steinke, City Attorney
Item Title: Waive the Full Text Reading of all Ordinances Summary: Waive the full text reading of all ordinances included in this agenda.

Ordinances shall be introduced and adopted by title only.

Environmental Review:

Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: None.

Public Notification: None.

CITY OF LEMON GROVE

CITY COUNCIL

STAFF REPORT
Item No. 1.B
Meeting Date: April 5, 2022
Submitted to: Honorable Mayor and Members of the City Council Department: City Manager’s Office
Staff Contact: Joseph Ware, Finance Manager
[email protected]
Item Title: City of Lemon Grove Payment Demands
Recommended Action: Ratify Demands.

Environmental Review:

Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: None.

Public Notification: None.

City of Lemon Grove Demands Summary
Approved as Submitted:

Joseph Ware, Finance Manager ACH/AP Checks 03/04/22‐03/24/22 950,330.62 For Council Meeting: 04/5/22
Payroll ‐ 03/8/22 & 3/22/22 234,350.94
Total Demands 1,184,681.56
CHECK NO INVOICE NO VENDOR NAME CHECK DATE Description INVOICE AMOUNT CHECK
AMOUNT
ACH Feb'22 LEAF 03/09/2022 Ricoh C3502 Copier System‐PW Yard ‐ Feb'22 138.27 138.27 ACH Feb'22 Home Depot 03/09/2022 Home Depot Purchases ‐ Feb'22 644.95 644.95 ACH Mar10 22 Employment Development Department 03/10/2022 State Taxes 3/10/22 7,793.35 7,793.35 ACH Feb'22 Wells Fargo 03/10/2022 Credit Card Processing‐Mo.Svc ‐ Feb'22 9.95 1,140.44 Credit Card Transaction Fees ‐ Feb'22 1,130.49
ACH 322957 Aflac 03/10/2022 AFLAC Insurance 3/8/22 1,803.86 1,803.86 ACH Feb22 Wells Fargo 03/11/2022 Bank Service Charge ‐ Feb'22 285.18 285.18 ACH Feb23‐Mar8 22 Calpers Supplemental Income 457 Plan 03/11/2022 457 Plan 2/23/22‐3/8/22 8,021.75 8,021.75 ACH Mar15 22 US Treasury 03/15/2022 Federal Taxes 3/15/22 26,740.42 26,740.42 ACH Dec21 San Diego County Sheriff's Department 03/17/2022 Law Enforcement Services ‐ Dec'21 539,516.44 539,516.44 ACH Refill 3/17/22 Pitney Bowes Global Financial Services LLC 03/18/2022 Postage Usage 3/17/22 250.00 250.00 ACH 78294998/2373 WEX Bank 03/23/2022 Fuel ‐ Fire Dept/Com Dev ‐ Feb'22 2,712.07 2,712.07 ACH Mar24 22 Employment Development Department 03/24/2022 State Taxes 3/24/22 6,163.35 6,163.35 15436 L1072895WC American Messaging 03/09/2022 Pager Replacement Program 3/1/22‐3/31/22 50.94 50.94 15437 5656869138 AutoZone, Inc. 03/09/2022 Diesel Exhaust Fluid ‐ Sani 36.18 36.18 15438 L1087 Aztec Landscaping Inc 03/09/2022 Material & Labor ‐ Irrigation Repairs ‐ Various Locations 2,575.19 2,575.19 15439 5321194 Bearcom Group Inc. 03/09/2022 Portable Radios Monthly Contract 1/22/22‐2/21/22 300.00 300.00 15440 54093 Boot World Inc 03/09/2022 Work Boots ‐ Alonso 250.00 250.00 15441 2022.3989 Chen Ryan Associates Inc. 03/09/2022 Clean CA Grant ‐ LG CMS thru 1/29/22 3,000.00 3,000.00 15442 23956 City of La Mesa 03/09/2022 Overtime Reimbursement ‐ Doig 1/17/22 1,629.68 1,629.68 15443 4216 Clothing International, Inc. 03/09/2022 Protective Clothing ‐ PW ‐ Work Shirts/Pants 383.37 383.37 15444 0486729 Conway Shield 03/09/2022 Helmet Shield ‐ Medina 57.49 57.49 15445 7111 D‐Max Engineering Inc 03/09/2022 8261 Broadway SWQMP Review 2/7/22‐2/16/22 335.00 737.00 7112 Montana St Infill SWQMP Review 2/7/22‐2/16/22 402.00 15446 03022220560 DAR Contractors 03/09/2022 Animal Disposal‐ Feb'22 162.00 162.00 15447 1370 Dean Gazzo Roistacher LLP 03/09/2022 Legal Svcs: GHC0025482 1,737.99 16,801.83 1666 Legal Svcs: GHC0025482 8,833.90
1836 Legal Svcs: GHC0025482 6,229.94
15448 2/1/22‐2/3/22 Esgil Corporation 03/09/2022 75% Building Fees‐ 2/1/22‐2/3/22 7,402.24 7,402.24 15449 7‐636‐32572 Federal Express 03/09/2022 Shipping Charge ‐ Sanitation/CUES West 1/18/22 391.81 391.81 15450 Reimb‐02/24/22 Gamester, Sean 03/09/2022 Reimb: Tuition‐ BS Mgmt/Critical Thinking/Gamester 10/26/21‐1/18/22 130.00 260.00 Reimb‐02/24/22B Reimb: Tuition‐ BS Fire Admin/Gamester 10/26/21‐1/18/22 130.00 15451 INV1022295 George Hills Company 03/09/2022 TPA Claims‐ Adjusting/Other Services ‐ Feb'22 432.00 432.00 15452 IN299125 Geotab USA, Inc. 03/09/2022 Monthly ProPlus Plan 197.50 197.50 15453 AR011968 Grossmont Union High School District 03/09/2022 Business Cards ‐ James/Walton/Olivas/Easland/Richard 127.50 229.50 AR011970 Envelopes #10 ‐ 2000 Window 102.00
15454 73935601 Hawthorne Machinery Co 03/09/2022 Equip Rental ‐ Skid Steer/Cold Planer 2/3/22‐2/7/22 509.92 509.92 15455 12/22/21‐2/22/22 Helix Water District 03/09/2022 Water Services‐ 12/2/21‐2/22/22 14,775.35 14,775.35 15456 Reimb‐3/3/22 Hidalgo, Roberto 03/09/2022 Meals/Mileage/PARMA Conf/Anaheim/Hidalgo 2/27/22‐3/1/22 203.47 203.47 15457 66861 Horrocks Engineers Inc 03/09/2022 Prof Eng Svcs: FY19/20 Sewer Rehab Proj thru 1/31/22 9,396.50 9,396.50 15458 00103705 Hudson Safe‐T ‐ Lite Rentals 03/09/2022 Homeless Cleanup Signs 1,217.81 1,217.81 15459 3/8/22 ICMA 03/09/2022 ICMA Deferred Compensation Pay Period Ending 3/8/22 780.77 780.77 15460 1732 Janazz, LLC SD 03/09/2022 IT Services‐ City Hall‐ Feb'22 2,500.00 2,500.00 15461 Civic Ctr‐ Feb22 Knott's Pest Control, Inc. 03/09/2022 Monthly Bait Stations‐ Civic Ctr‐ Feb'22 60.00 120.00 Sheriff‐ Feb22 Monthly Bait Stations‐ Sheriff‐ Feb'22 60.00 15462 5285179 Mallory Safety and Supply, LLC 03/09/2022 Work Boots 24.79 108.01 5285385 Hi‐Vis Rainsuit/Hard Hat/Rubber Boots 83.22
15463 166049 MJC Construction 03/09/2022 Emergency Sewer Repair/8373 Broadway Jan'22 14,690.00 14,690.00 15464 178174 Penske Ford 03/09/2022 LG Fire '04 Ford Expedition/Fire Prev‐ Smog Inspection 61.70 61.70 15465 INV00046097 RapidScale Inc. 03/09/2022 Virtual Hosting/Back Up Svc/Cloud Storage/Svr 2/28/22‐3/30/22 4,359.78 4,359.78 15466 3568860625‐0322 SDG&E 03/09/2022 Electric Usage: St Light 2/1/22‐2/28/22 2,091.88 5,149.15 4154920380‐0322 Electric Usage: St Light 2/1/22‐2/28/22 3,057.27 15467 81428 Southwest Signal Service 03/09/2022 Traffic Signal Misc Emergency Repairs ‐ Jan'22 167.74 167.74 15468 Dredge/FillProj State Water Resources Control Board 03/09/2022 Notice of Intent Fee‐ Dredge/Fill Project/Sani Dist Sewer Replacement 2,417.00 2,417.00 15469 121938888‐0001 Sunbelt Rentals Inc. 03/09/2022 Equipment Rental‐ Post Shore ‐ Senior Center 127.97 137.06 122112045‐0001 Propane 6.83
122564658‐0001 Propane 2.26
15470 022522 The Michael C Stauffer Trust 03/09/2022 Final Payroll ‐ Stauffer 5,390.88 5,390.88 15471 73186070 Vulcan Materials Company 03/09/2022 Asphalt 164.05 489.73 73204107 Asphalt/SS1H 4.5 Gallon Bucket 212.81
73207358 Asphalt 112.87
15472 0001491579‐IN WEX Health, Inc. 03/09/2022 COBRA ‐ Monthly/Feb'22 85.00 85.00 15473 Fire‐ 17799885 AT&T 03/16/2022 Fire Backup Phone Line‐ 1/22/22‐2/21/22 43.44 43.44 15474 14234 Balestreri, Potocki & Holmes 03/16/2022 Legal Svcs: File 1019‐224 ‐ thru 1/31/22 11,625.00 11,625.00 15475 Apr 2022 California Dental Network Inc 03/16/2022 California Dental Insurance ‐Apr'22 194.79 194.79 15476 23978 City of La Mesa 03/16/2022 FY21‐22 Qtr 2 JPA Reconciliation‐ Oct‐Dec'21 85,455.00 86,358.68 24079 Household Hazardous Waste Event‐ 1/29/22 903.68
15477 CityMark Kelvin CityMark 03/16/2022 Refund/Overpaid RTCIP Fees/B21‐000‐0112 Kelvin 3,410.88 3,410.88 15478 Att: MarlaGraham County of Orange‐ Sheriff's Department 03/16/2022 Bicycle Patrol Training Course/Sheriff's Department ‐ 3/30/22‐4/1/22 55.00 55.00 15479 22CTOFLGN08 County of San Diego‐ RCS 03/16/2022 800 MHZ Network ‐ Feb'22 2,251.50 2,251.50 15480 202200155 County of San Diego/Assessor/Recorder/Clerk 03/16/2022 Recording Services‐ 2/22/22 43.00 43.00 15481 6976 D‐Max Engineering Inc 03/16/2022 1993 Dain Dr Inspection 11/1/21‐11/30/21 198.80 2,943.98 6977 7946 Broadway Inspection 11/1/21‐11/30/21 570.26
6978 Golden Doors Inspection 11/1/21‐11/30/21 426.02
6979 Vista Azul Inspection 11/1/21‐11/30/21 301.84
7036 7292 Broadway PAR‐210‐0003 1/1/22‐1/12/22 547.50
7067 1993 Dain Dr Inspection 1/1/22‐1/31/22 226.35
7068 Golden Doors Inspection 1/1/22‐1/31/22 223.43
7069 Vista Azul Inspection 1/1/22‐1/31/22 449.78
15482 2018 Dean Gazzo Roistacher LLP 03/16/2022 Legal Svcs: GHC0025482 13,399.00 13,399.00 15483 Reimb‐2/28/22 Duenez, Nicholas 03/16/2022 Reimb: Tuition‐ S270 Air Operations/Duenez 2/28/22 114.31 114.31 15484 3/1/22‐3/3/22 Esgil Corporation 03/16/2022 75% Building Fees‐ 3/1/22‐3/3/22 9,492.14 9,492.14 15485 Reimb‐2/21/22 Gamester, Sean 03/16/2022 Reimb: Tuition‐ S270 Air Operations/Gamester 2/16/22‐2/17/22 108.75 108.75 15486 51833 Harris & Associates Inc. 03/16/2022 Sanitation Dist Financial Consulting Svcs 1/1/22‐2/26/22 23,346.25 23,346.25 15487 SJN015213 Hinderliter De Llames & Associates 03/16/2022 Contract Services ‐ Qtr 1 2022 1,389.41 1,795.01 Sales Tax Audit Services ‐ Qtr 3 2021 405.60
15488 10698 I.B. Trophies & Awards 03/16/2022 New Fire Name Badge ‐ Watson 16.16 16.16 15489 74559845 Occupational Health Centers of CA, A Med Corp 03/16/2022 Medical Exam ‐ Watson 2/23/22 190.00 190.00 15490 Reissue/PermitRunnePermit Runner 03/16/2022 Reissue/Refund/Permit Runner/Diversion Deposit/B20‐0650 2431 Vernon 500.00 500.00 15491 PD‐50282 Plumbers Depot Inc 03/16/2022 Sewer Camera‐ Replace Hose/Debris Catchers 785.12 785.12 15492 2566 Prestige Doors 03/16/2022 Repair Exit Doors ‐ Rec Ctr Gym 926.25 926.25 15493 32525355 RCP Block & Brick, Inc. 03/16/2022 Bulk Concrete Sand ‐ Fire Stn 145.26 145.26 15494 0086131 Rick Engineering Company 03/16/2022 Prof Svc: LG Housing Element Update ‐ Jan'22 2,362.50 3,360.00 0086684 Prof Svc: LG Housing Element Update ‐ Feb'22 997.50 15495 Santillan,Felip Santillan, Felipe 03/16/2022 Refund/Santillan, Felipe/Proj Location in San Diego B22‐0017 1,442.08 1,442.08 15496 TM INV‐005115 SBRK Finance Holdings, Inc. 03/16/2022 Prof Svcs: Financial Software Proj Mgmt thru 2/27/22 2,327.00 2,327.00 15497 116446922‐001 SiteOne Landscape Supply, LLC 03/16/2022 Lifeguard Hats/Nylon Rainsuits ‐ PW 162.33 162.33 15498 CLG‐37 Smith Air Conditioning 03/16/2022 Service Call ‐ AC Unit Repair/Unit #4‐ City Hall 283.00 1,128.00 CLG‐38 Service Call ‐ AC Unit Repair‐ Comm Ctr 245.00
CLG‐39 Service Call ‐ AC Unit Repair/Replace Motor‐ Sr Ctr 600.00 15499 4971 Spring Valley Lawn Mower Shop 03/16/2022 Face Safety Cover ‐ PW 42.02 42.02 15500 FAUD‐00003124 State Controller 03/16/2022 Annual Street Report 7/1/21‐6/30/22 2,896.96 2,896.96 15501 566800 State of California‐ Department of Justice 03/16/2022 Fingerprint Apps ‐ Richard/Vergara/Watson ‐ Feb'22 96.00 96.00 15502 Sunrun39112 Sunrun Installation Inc. 03/16/2022 Refund/Sunrun Installations/Withdrew Permit B21‐000‐0246 232.44 697.32 Sunrun39113 Refund/Sunrun Installations/Withdrew Permit B21‐000‐0215 232.44 Sunrun39907 Refund/Sunrun Installations/Withdrew Permit B21‐000‐0405 232.44 15503 13164 T‐Man Traffic Supply 03/16/2022 Sign Supplies ‐ Streets 206.38 206.38 15504 5691‐7 The Sherwin Williams Co. 03/16/2022 Paint Supplies/North Ave 49.05 49.05 15505 672500 Weathermatic, a div of Telsco Industrict 03/16/2022 One Year Service Plan Plus Warranty (Irrigation)‐ 26 Controllers 7,019.74 7,019.74 15506 06150‐2007‐RI‐2 APCD 03/23/2022 Emission Fee Renewal ‐ Engine 531.00 531.00 15507 L1224 Aztec Landscaping Inc 03/23/2022 Emergency Tree Removal ‐ Sweetwater Road 3,948.00 3,948.00 15508 01‐6239239 AppleOne Employment Services 03/23/2022 Temp Replacement/Exec Asst 3/12/22 840.41 840.41 15509 2/13/22‐3/12/22 AT&T 03/23/2022 Phone Service 2/13/22‐3/12/22 90.24 90.24 15510 5656885462 AutoZone, Inc. 03/23/2022 Nozzle/Carb Cleaner/Head Cleaner/Brush ‐ PW Fleet Supply 70.67 70.67 15511 Barraza, Evelyn Barraza, Evelyn 03/23/2022 Refund/Barraza, Evelyn/Deposit ‐ Community Ctr‐ 5/7/22 200.00 720.00 Refund/Barraza, Evelyn/Rental ‐ Community Ctr‐ 5/7/22 520.00 15512 Mar2022 Benefit Coordinators Corporation (BCC) 03/23/2022 Life Insurance ‐ Mar'22 550.80 1,174.04 Mar2022 LTD Insurance ‐ Mar'22 623.24
15513 54093SOA Boot World Inc. 03/23/2022 Work Boots ‐ Ortega 250.00 500.00 55917 Work Boots ‐ Camarena 250.00
15514 1485 Cal Roof Inc 03/23/2022 Roof Repair ‐ Recreation Ctr (CUPCCA 2021‐22) ‐ Less Retention 42,251.25 42,251.25 15515 6980 D‐Max Engineering Inc 03/23/2022 8016 Broadway Inspection 11/1/21‐11/30/21 174.30 2,277.13 6981 8373 Broadway The Terraces Inspection 11/29/21‐12/14/21 715.00 7070 8016 Broadway Inspection 1/1/22‐1/31/22 345.93
7118 1993 Dain Dr Inspection 2/1/22‐2/28/22 246.51
7119 Golden Doors Inspection 2/1/22‐2/28/22 219.51
7120 8373 Broadway PDP‐180‐0001 Inspection 2/1/22‐2/28/22 575.88 15516 0188229905 Domestic Uniform Rental 03/23/2022 Shop Towels & Safety Mats 1/18/22 36.75 78.25 0125229905 Shop Towels & Safety Mats 1/25/22 36.75
0208229905 Shop Towels & Safety Mats 2/8/22 37.00
0222229905 Shop Towels & Safety Mats 2/22/22 37.00
0308229905 Shop Towels & Safety Mats 3/8/22 41.00
CM012722 Credit Memo ‐ Non‐delivery ‐110.25
15517 67345 Horrocks Engineers Inc 03/23/2022 Prof Eng Svcs: FY19/20 Sewer Rehab Proj thru 2/28/22 461.50 461.50 15518 00104999 Hudson Safe‐T‐Lite Rentals 03/23/2022 Traffic Signs ‐ No Parking Anytime/Do Not Enter/Yield 455.73 455.73 15519 3/22/22 ICMA 03/23/2022 ICMA Deferred Compensation Pay Period Ending 3/22/22 780.77 780.77 15520 1733 Janazz, LLC SD 03/23/2022 Computer ‐ PW Conference Room 537.50 537.50 15521 Civic Ctr‐Mar22 Knott's Pest Control, Inc. 03/23/2022 Monthly Bait Stations‐ Civic Ctr‐ Mar'22 60.00 120.00 Sheriff‐Mar22 Monthly Bait Stations‐ Sheriff Stn‐ Mar'22 60.00 15522 Reimb‐2/18/22 Loftis, Zach 03/23/2022 Reimb: Tuition‐S270 Air Operations/Loftis 2/16/22‐2/17/22 153.77 470.26 Reimb‐3/17/22 Reimb: Tuition‐Busi Math/Textbook/Loftis 8/21/21‐8/21/21 316.49 15523 INV39272 Logicopy 03/23/2022 Ricoh C3502 Copier Contract Charge ‐PW Yard‐3/7/22‐4/6/22 51.58 51.58 15524 11135 MCD Tire 03/23/2022 LGPW#03 '00 Ford Ranger ‐ 4 Tires & Installation 585.44 585.44 15525 IN1650577 Municipal Emergency Services Inc 03/23/2022 Fire Shelters/Liners/Carrying Cases 1,516.30 1,837.40 IN1686774 SCBA Repair/Battery Holder Assembly 321.10
15526 15764 Nationwide Medical Surgical, Inc 03/23/2022 Medical Supplies 174.25 174.25 15527 7787 North County EVS, Inc. 03/23/2022 E10 Service Call/Diagnose Coolant Leak 261.62 12,045.84 7799 E210 AM Service & Safety Inspection/Replace Rear Door 7,959.22 7810 E10 Service Call/Replace Batteries 1,482.52
7814 E210 Service Call/Replace R2 Compartment Light Assembly 1,126.94 7816 E210 Service Call/Replace Batteries/Repair Coolant Leak 1,215.54 15528 74704004 Occupational Health Centers of CA, A Med Corp 03/23/2022 Medical Exam ‐ Jackson 3/15/22 41.00 41.00 15529 Phillips Trust Phillips Trust 08‐14‐01 03/23/2022 Refund/Phillips Trust 08‐14‐01/Duplicate Payment B20‐0631 187.43 187.43 15530 32519874 RCP Block & Brick, Inc. 03/23/2022 Straw Hat ‐ PW 18.26 18.26 15531 236188 Richards, Watson & Gershon 03/23/2022 Legal Svcs: 12506‐0003 thru 2/28/22 4,711.54 4,711.54 15532 0217949 South Bay Foundry Inc 03/23/2022 24"x24" Galvanized Plate Covers ‐ Walkway @ Broadway/LGA 2,090.35 2,090.35 15533 Mar 22 Southern CA Firefighters Benefit Trust 03/23/2022 LG Firefighters Benefit Trust 3/22/22 830.70 1,661.40 Mar 8 LG Firefighters Benefit Trust 3/8/22 830.70
15534 4982 Spring Valley Lawn Mower Shop 03/23/2022 Carb Kit/Air Filter/Spark Plug/Supplies ‐ PW/Streets 137.80 117.88 Discount/Carb Kit/Air Filter/Spark Plug/Supplies ‐ PW/Streets ‐19.92 15535 121938888‐0002 Sunbelt Rentals Inc. 03/23/2022 Rental ‐ Post Shore ‐ Sr Ctr 127.97 501.84 122850090‐0001 Propane 9.70
123220304‐0001 Equipment Rental ‐ Walk Behind Brush Cutter ‐ Weed Abatement 269.67 123530496‐0001 Equipment Rental ‐ Walk Behind Brush Cutter ‐ Weed Abatement 94.50 15536 266973 Superior Ready Mix Concrete LP 03/23/2022 Asphalt ‐ 2873 Skyline/PW Yard 67.89 67.89 15537 95861 Tyson & Mendes 03/23/2022 Legal Svcs: GHC0019886 100.00 100.00 15538 80653070 Waxie Sanitary Supply 03/23/2022 Janitorial Supplies 993.69 993.69 950,330.62 950,330.62
Continued Item from March 1, 2022
City Council Meeting
MUP-210-0007
April 5, 2022
Page | 1

CITY OF LEMON GROVE

CITY COUNCIL

STAFF REPORT
Item No. 2.

Meeting Date: April 5, 2022
Submitted to: Honorable Mayor and Members of the City Council Department: Community Development Department
Staff Contact: Bill Chopyk, Interim Community Development Manager [email protected]
Item Title: Public Hearing to Consider an Appeal of the Community Development Manager’s Decision to approve Minor Use
Permit MUP-210-0007, a Request to Establish Early
Separation Findings for a Medical Marijuana Dispensary
at 8280 Broadway in the Heavy Commercial Zone
Recommended Action:
1) Conduct the Public Hearing;
2) Receive Public Comment; and
3) Adopt a Resolution denying the appeal (Attachment A) or approving the appeal (Attachment B). Denial of the appeal would approve Minor Use Permit (MUP) MUP-210-0007 to establish early separation findings for a medical marijuana dispensary (MMD) pursuant to Municipal Code Chapter 17.32 at 8280 Broadway in the Heavy Commercial (HC) zone. Approval of the appeal would deny Minor Use Permit MUP-210-0007.

Summary:

The Applicant, Pick Axe Holdings LLC, submitted a MUP application on November 4, 2020 for early separation findings, and a Conditional Use Permit (CUP) application on November 28, 2020 to operate a MMD at 8280 Broadway. On January 12, 2021 the Community Development Manager (CDM) published a Notice of CDM Decision to approve MUP-210-0007. No appeals were filed at that time. The CUP application was incomplete and was not approved prior to the one-year expiration of the MUP. The applicant reapplied for the MUP prior to its expiration date of January 12, 2022. On Continued Item from March 1, 2022
City Council Meeting
MUP-210-0007
April 5, 2022
Page | 2
January 27, 2022 the CDM published a Notice of CDM Decision to again approve MUP210-0007.

An appeal of the CDM Decision to approve Minor Use Permit MUP-210-0007 was filed by Rita Hirmez & Sabah Toma (Appellants) on January 28, 2022. The Appellants also filed a Conditional Use Permit (CUP) application for a proposed MMD at 8290 Broadway on December 9, 2021. The proposed MMD at 8290 Broadway is located directly southwest and adjacent to Applicant’s property at 8280 Broadway.

This is a request to establish early separation findings for a proposed MMD at 8280 Broadway in the HC zone. Municipal Code Section 17.32.090 B.1. requires a minimum distance of 1,000 feet of any other regulated use. The operation of the subject MMD is not authorized through this MUP. The proposed MMD use requires an application for a CUP and a public hearing by the City Council to grant approval of a CUP to operate a MMD.

Discussion:

Municipal Code Chapter 17.32 allows MMDs via a CUP application in commercial and industrial zoning districts. To be eligible, proposed MMD sites must be separated by 1,000 feet from the regulated and protected uses described in Municipal Code Section

17.32.090 B.1., including MMDs, parks, playgrounds, licensed daycare facilities, schools and alcohol and substance abuse treatment centers.

Municipal Code Section 17.28.020 O. states: “Early Separation Findings. Separation findings required as a part of any permit described in this chapter may be made early, prior to application materials being submitted and prior to a decision by the development services director, planning commission and/or city council with a minor use permit application for the sole purpose of finding that the application meets or does not meet the required separation requirements. Land uses or land use applications initiated after the filing of an early separation finding application would not be grounds for denial of the permit. Should land use changes or land use applications which would conflict with an early separation finding determination be established or filed in advance of an application for an early separation finding, the land use would be considered as grounds for denial of the early separation finding permit.”
Required Findings:

Municipal Code Section 17.28.052 C. requires the following findings to be made to approve a MUP:

1. The use is compatible with the neighborhood or the community;

2. The use is not detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity;

3. The use complies with performance standards according to Section 17.24.080; Continued Item from March 1, 2022
City Council Meeting
MUP-210-0007
April 5, 2022
Page | 3

4. The use is consistent with the applicable provisions of the particular zoning district and with the policies and standards of the general plan.

In addition to the findings required for the granting of a MUP by Section 17.28.052 C., the decision making authority shall consider the following:

A. Whether the approval of the proposed use will violate the minimum requirements set forth in this chapter for distance separations between establishments which dispense, process or cultivate cannabis; and separations between establishments which dispense, process or cultivate cannabis and other specific regulated or protected land uses as set forth in this chapter.

B. Whether the proposed use complies with Title 17 of the Lemon Grove Municipal Code. (Ord. 458 § 2, 2021; Ord. 443 § 1, 2016)

Findings made by staff
The CDM decision is based on the following findings and determinations:

1. The use is compatible with the neighborhood or the community.

No use is authorized with this MUP application submitted pursuant to

2. The use is not detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity.

No use is authorized with this MUP application submitted pursuant to

17.28.020(O). The proposed use as a MMD requires application for a CUP, the approval of which requires the applicant to demonstrate compliance with all applicable provisions of the Municipal Code and will be subject to site specific conditions of approval to ensure the use is not detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity to the greatest extent practicable. Environmental impacts associated with the project will be assessed and mitigated, if necessary, pursuant to the California Environmental Quality Act (CEQA) review of the CUP application.

3. The use complies with performance standards according to Section 17.24.080.

Continued Item from March 1, 2022
City Council Meeting
MUP-210-0007
April 5, 2022
Page | 4
No use is authorized with this MUP application submitted pursuant to

17.28.020(O). The proposed use as a MMD requires application for a CUP, the approval of which requires the applicant to demonstrate compliance with applicable performance standards in Section 17.24.080 of the Municipal Code, including, but not limited to: noise, glare, traffic circulation and parking, waste, and fire hazards.

4. The use is consistent with applicable provisions of the particular zoning district and with policies and standards of the general plan.

No use is authorized with this MUP application submitted pursuant to

17.28.020(O). The proposed use as a MMD requires application for a CUP, the approval of which requires the applicant to demonstrate compliance with applicable provisions of the particular zoning district and with policies and standards of the general plan.

5. A. Whether the approval of the proposed use will violate the minimum requirements set forth in this chapter for distance separations between establishments which dispense, process or cultivate cannabis; and separations between establishments which dispense, process or cultivate cannabis and other specific regulated or protected land uses as set forth in this chapter.

The proposed location for a MMD at 8280 Broadway would not violate the minimum distance separations between MMD establishments and other protected uses because approval of this MUP would establish early separation findings at this location. The property at 8280 Broadway is approximately 5,894 feet from the nearest operating, or conditionally permitted, or proposed regulated use at 3515 Harris Street. Staff found no evidence of any protected uses, including public parks, playgrounds, licensed day care facilities, schools and alcohol and substance abuse treatment centers as defined in the LGMC, within 1,000 feet. Furthermore, the nearest protected use is approximately 1,065 feet from the proposed dispensary site when taking into account natural topographical barriers.

5. B. Whether the proposed use complies with Title 17 of the Lemon Grove Municipal Code. (Ord. 458 § 2, 2021; Ord. 443 § 1, 2016).

No use is authorized with this MUP application. The proposed use as a MMD requires application for a CUP, the approval of which requires the applicant to demonstrate compliance with Title 17 of the Municipal Code. A MMD at 8280 Broadway could be established in compliance with Title 17 of the Municipal Code with approval of a CUP.

Continued Item from March 1, 2022
City Council Meeting
MUP-210-0007
April 5, 2022
Page | 5
Conclusion:

The City Council must make the MUP findings as stated above in order to approve or deny the appeal. The Council may deny the appeal and approve MUP-210-0007. Alternately, the Council may approve the appeal and deny MUP-210-0007.

Environmental Review:

Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration The MUP is proposed for the sole purpose of determining if a MMD at 8280 Broadway meets separation distance requirements. The proposed MUP for Early Separation Findings is not subject to Environmental Review under CEQA because it does not constitute a project as defined by Section 15378 of the CEQA Guidelines.

Fiscal Impact:

No fiscal impact.

Public Notification: Notice of Public Hearing for this item was given in accordance with Municipal Code Section 17.28.020(F) on February 18, 2022. The City of Lemon Grove did not receive any comments in response to the Notice of Public Hearing. Staff will provide the City Council with any comments received after publication of the Staff Report.

Staff Recommendation:
1) Conduct the public hearing;
2) Receive Public Comment; and
4) Adopt a Resolution denying the appeal (Attachment A) or approving the appeal (Attachment B). Denial of the appeal would approve MUP-210-0007 to establish early separation findings for a MMD at 8280 Broadway in the HC zone. Approval of the appeal would deny Minor Use Permit MUP-210-0007.

Attachments:

Attachment A – Draft Resolution Denying the Appeal
Attachment B – Draft Resolution Approving the Appeal
Attachment A
MUP-210-0007
April 5, 2022
Page | 6
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEMON GROVE,

CALIFORNIA, DENYING AN APPEAL OF THE COMMUNITY DEVELOPMENT MANAGER DECISION TO APPROVE MINOR USE PERMIT MUP-210-0007

FOR EARLY SEPARATION FINDINGS IN ACCORDANCE WITH SECTION

17.28.020(O) FOR A PROPOSED MEDICAL MARIJUANA DISPENSARY AT 8280 BROADWAY, LEMON GROVE, CALIFORNIA.

WHEREAS, the California voters approved Proposition 215 in 1996 to ensure that seriously ill Californians have the right to obtain and use cannabis for medical purposes and to encourage elected officials to implement a plan for the safe and affordable distribution of medicine; and
WHEREAS, the California State Legislature adopted Senate Bill 420, the Medical Marijuana Program Act, in 2003 to help clarify and further implement Proposition 215 in part by authorizing patients and Primary caregivers to associate within the State of California in order to collectively or cooperatively cultivate cannabis for medical purposes; and
WHEREAS, the California State Legislature adopted Assembly Bill 243, Assembly Bill 266, and Senate Bill 643, collectively known as the Medical Marijuana Regulation and Safety Act, in 2015 to establish a statewide regulatory framework and establish the Bureau of Medical Marijuana Regulation for the regulation of medical marijuana activity occurring in jurisdictions across California; and WHEREAS, on November 8, 2016, voters in the City of Lemon Grove passed Measure V, an initiative removing the City's prohibition of medical marijuana dispensaries and establishing performance standards and a permit process by which medical marijuana dispensaries (MMDs) may be established which is codified as Chapter 17.32 in the Lemon Grove Municipal Code (LGMC); and WHEREAS, LGMC Section 17.32.090(B) establishes the distance requirements between dispensaries (including MMDs) as a regulated use and protected land uses, including public parks, playgrounds, licensed day care facilities, schools and alcohol and substance abuse treatment centers as defined in the LGMC; and Attachment A
MUP-210-0007
April 5, 2022
Page | 7
WHEREAS, the Applicant, Pick Axe Holdings LLC, submitted a Minor Use Permit application on November 4, 2020 for early separation findings, and a Conditional Use Permit application on November 28, 2020 to operate a MMD at 8280 Broadway. On January 12, 2021 the Community Development Manager (CDM) published a Notice of CDM Decision to approve MUP-210-0007. No appeals were filed at that time. The CUP application was incomplete and was not approved prior to the one-year expiration of the MUP. The applicant reapplied for the MUP prior to its expiration date of January 12, 2022. On January 27, 2022 the CDM published a Notice of CDM Decision to again approve MUP-210-0007; and
WHEREAS, an appeal of the CDM Decision to approve Minor Use Permit MUP210-0007 was filed by Rita Hirmez & Sabah Toma (Appellants) on January 28, 2022; and
WHEREAS, Notice of the Public Hearing was given in compliance with LGMC Section 17.28.020(F). On February 18, 2022, the Notice of Public Hearing for MUP-210- 0007 was published in the East County Californian and mailed to all property owners within 1,000 feet of the subject property. Staff confirmed the presence of the required on-site public notice sign on February 18, 2022; and
WHEREAS, on March 1, 2022, City Council held a duly noticed public hearing to consider and appeal of the CDM decision to approve Minor Use Permit application MUP-210-0007; and
WHEREAS, all findings outlined in LGMC 17.28.050(C) and 17.32.080 must be made in order for the City Council to deny the appeal and approve the request for a Minor Use Permit for Early Separation Findings; and
WHEREAS, if all findings outlined in LGMC 17.28.050(C) and 17.32.080 cannot be made then the City Council must approve the appeal and deny the request for a Minor Use Permit for Early Separation Findings; and
WHEREAS, the City Council determined that all of the findings outlined in LGMC Section 17.28.052(C) and 17.38.080 can be made and provided its reasoning as follows:

Attachment A
MUP-210-0007
April 5, 2022
Page | 8

1. The use is compatible with the neighborhood or the community.

No use is authorized with this MUP application submitted pursuant to

2. The use is not detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity.

No use is authorized with this MUP application submitted pursuant to

3. The use complies with performance standards according to Section 17.24.080.

No use is authorized with this MUP application submitted pursuant to

17.28.020(O). The proposed use as a MMD requires application for a CUP, the approval of which requires the applicant to demonstrate compliance with applicable performance standards in Section 17.24.080 of the Municipal Code, including, but not limited to:
noise, glare, traffic circulation and parking, waste, and fire hazards.

4. The use is consistent with applicable provisions of the particular zoning district and with policies and standards of the general plan.

No use is authorized with this MUP application submitted pursuant to

17.28.020(O). The proposed use as a MMD requires application for a CUP, the approval Attachment A
MUP-210-0007
April 5, 2022
Page | 9
of which requires the applicant to demonstrate compliance with applicable provisions of the particular zoning district and with policies and standards of the general plan.

The property at 8280 Broadway is approximately 5,894 feet from the nearest operating, or conditionally permitted, or proposed regulated use at 3515 Harris Street.

Staff found no evidence of any protected uses, including public parks, playgrounds, licensed day care facilities, schools and alcohol and substance abuse treatment centers as defined in the LGMC, within 1,000 feet. Furthermore, the nearest protected use is approximately 1,065 feet from the proposed dispensary site when taking into account natural topographical barriers.

5. B. Whether the proposed use complies with Title 17 of the Lemon Grove Municipal Code. (Ord. 458 § 2, 2021; Ord. 443 § 1, 2016).

WHEREAS, the minor use permit is proposed for the sole purpose of determining if a MMD at 8280 Broadway meets separation distance requirements. The proposed minor use permit for Early Separation Findings is not subject to Environmental Review under the California Environmental Quality Act (CEQA) because it does not constitute a project as defined by Section 15378 of the CEQA Guidelines; and
Attachment A
MUP-210-0007
April 5, 2022
Page | 10

NOW, THEREFORE, INCORPORATING THE ABOVE STATEMENTS

HEREIN AND BASED ON THE RECORD OF THE PROCEEDING, BE IT RESOLVED that the City Council of the City of Lemon Grove, California, hereby denies the appeal of the Community Development Manager’s decision to approve Minor Use Permit MUP-210-0007 to establish early separation findings for a MMD at 8280 Broadway, thereby approving Minor Use Permit MUP-210-0007, based on the findings above.

PASSED AND ADOPTED on ______, 2022, the City Council of the City of Lemon Grove, California, adopted Resolution No. _______, passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Racquel Vasquez, Mayor
Attest:
__________________________
Audrey Malone, City Clerk
Approved as to Form:
_________________________
Kristen Steinke, City Attorney
Attachment B
MUP-210-0007
April 5, 2022
Page | 11
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEMON GROVE,

CALIFORNIA, APPROVING AN APPEAL OF THE COMMUNITY

DEVELOPMENT MANAGER DECISION TO APPROVE MINOR USE PERMIT MUP-210-0007 FOR EARLY SEPARATION FINDINGS IN ACCORDANCE WITH SECTION 17.28.020(O) FOR A PROPOSED MEDICAL MARIJUANA
DISPENSARY AT 8280 BROADWAY, LEMON GROVE, CALIFORNIA.

WHEREAS, the California voters approved Proposition 215 in 1996 to ensure that seriously ill Californians have the right to obtain and use cannabis for medical purposes and to encourage elected officials to implement a plan for the safe and affordable distribution of medicine; and
WHEREAS, the California State Legislature adopted Senate Bill 420, the Medical Marijuana Program Act, in 2003 to help clarify and further implement Proposition 215 in part by authorizing patients and Primary caregivers to associate within the State of California in order to collectively or cooperatively cultivate cannabis for medical purposes; and
WHEREAS, the California State Legislature adopted Assembly Bill 243, Assembly Bill 266, and Senate Bill 643, collectively known as the Medical Marijuana Regulation and Safety Act, in 2015 to establish a statewide regulatory framework and establish the Bureau of Medical Marijuana Regulation for the regulation of medical marijuana activity occurring in jurisdictions across California; and WHEREAS, on November 8, 2016, voters in the City of Lemon Grove passed Measure V, an initiative removing the City's prohibition of medical marijuana dispensaries and establishing performance standards and a permit process by which medical marijuana dispensaries (MMDs) may be established which is codified as Chapter 17.32 in the Lemon Grove Municipal Code (LGMC); and WHEREAS, LGMC Section 17.32.090(B) establishes the distance requirements between dispensaries (including MMDs) as a regulated use and protected land uses, including public parks, playgrounds, licensed day care facilities, schools and alcohol and substance abuse treatment centers as defined in the LGMC; and Attachment B
MUP-210-0007
April 5, 2022
Page | 12
WHEREAS, the Applicant, Pick Axe Holdings LLC, submitted a Minor Use Permit application on November 4, 2020 for early separation findings, and a Conditional Use Permit application on November 28, 2020 to operate a MMD at 8280 Broadway. On January 12, 2021 the Community Development Manager (CDM) published a Notice of CDM Decision to approve MUP-210-0007. No appeals were filed at that time. The CUP application was incomplete and was not approved prior to the one-year expiration of the MUP. The applicant reapplied for the MUP prior to its expiration date of January 12, 2022. On January 27, 2022 the CDM published a Notice of CDM Decision to again approve MUP-210-0007; and
WHEREAS, an appeal of the CDM Decision to approve Minor Use Permit MUP210-0007 was filed by Rita Hirmez & Sabah Toma (Appellants) on January 28, 2022; and
WHEREAS, Notice of the Public Hearing was given in compliance with LGMC Section 17.28.020(F). On February 18, 2022, the Notice of Public Hearing for MUP-210- 0007 was published in the East County Californian and mailed to all property owners within 1,000 feet of the subject property. Staff confirmed the presence of the required on-site public notice sign on February 18, 2022; and
WHEREAS, on March 1, 2022, City Council held a duly noticed public hearing to consider and appeal of the CDM decision to approve Minor Use Permit application MUP-210-0007; and
WHEREAS, all findings outlined in LGMC 17.28.050(C) and 17.32.080 must be made in order for the City Council to deny the appeal and approve the request for a Minor Use Permit for Early Separation Findings; and
WHEREAS, if all findings outlined in LGMC 17.28.050(C) and 17.32.080 cannot be made then the City Council must approve the appeal and deny the request for a Minor Use Permit for Early Separation Findings; and
WHEREAS, the City Council determined that the findings outlined in LGMC Section 17.28.050(C)(1) and (2) could not be made as follows:

1. The use is not compatible with the neighborhood or the community; Attachment B
MUP-210-0007
April 5, 2022
Page | 13

2. The use is detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity;
WHEREAS, the remaining findings identified in LGMC 17.28.050(C)(3) and (4) were not addressed by the City Council since the findings in LGMC 17.28.050(C)(1) and (2) could not be made, which has the result of requiring a denial of the MUP for early separation findings; and
WHEREAS, the findings identified in LGMC 17.32.080(A) and (B) were not addressed by the City Council since the findings in LGMC 17.28.050(C)(1) and (2) could not be made, which has the result of requiring a denial of the MUP for early separation findings; and
WHEREAS, the minor use permit is proposed for the sole purpose of determining if a MMD at 8280 Broadway meets separation distance requirements. The proposed minor use permit for Early Separation Findings is not subject to Environmental Review under the California Environmental Quality Act (CEQA) because it does not constitute a project as defined by Section 15378 of the CEQA Guidelines; and

NOW, THEREFORE, INCORPORATING THE ABOVE STATEMENTS

HEREIN AND BASED ON THE RECORD OF THE PROCEEDING, BE IT RESOLVED that the City Council of the City of Lemon Grove, California, approves the appeal of the Community Development Manager’s decision to approve Minor Use Permit MUP-210-0007 to establish early separation findings for a MMD at 8280 Broadway, thereby denying Minor Use Permit MUP-210-0007, based on the findings above.

Attachment B
MUP-210-0007
April 5, 2022
Page | 14
PASSED AND ADOPTED on ______, 2022, the City Council of the City of Lemon Grove, California, adopted Resolution No. _______, passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Racquel Vasquez, Mayor
Attest:
__________________________
Audrey Malone, City Clerk
Approved as to Form:
_________________________
Kristen Steinke, City Attorney
Attachment C
MUP-210-0007
April 5, 2022
Page | 15
Attachment D
MUP-210-0007
April 5, 2022
Page | 16

AUSTIN LEGAL GROUP

LAWYERS
3990 OLD TOWN AVE, STE A-101
SAN DIEGO, CA 92110

LICENSED IN

CALIFORNIA, ARIZONA & HAWAII

TELEPHONE
(619) 924-9600

FACSIMILE
(619) 881-0045 Writer’s Email:
[email protected]
February 22, 2022

City Council VIA EMAIL
City of Lemon Grove
3232 Main Street,
Lemon Grove, CA 91945
RE: March 1, 2022 City Council Meeting Agenda Item - MUP-210-0007; Appeal of Request for Early Separation Findings for MMD CUP at 8280 Broadway Dear City Council:

Austin Legal Group represents the appellants, Rita Hirmez and Sabah Toma (“Appellants”), with respect to this appeal of the City of Lemon Grove’s tentative decision to approve Pick Axe Holdings LLC’s (“Pick Axe”) third minor use permit application for early separation findings for its proposed medical marijuana dispensary at 8280 Broadway, Lemon Grove, CA 91945 (“8280 Broadway MMD” or “Project”).

As detailed below, MUP-210-0007 cannot be approved for the following reasons: (1) the required early separation findings cannot be made and (2) Pick Axe has and will continue to act in bad faith with respect to its improper and unilateral delays of this Project. In light of this, Appellants respectfully requests that the City Council grant the appeal and deny MUP-210-0007. This letter is expressly intended to be a part of the administrative record.

BACKGROUND
Pick Axe has unilaterally delayed this Project for approximately 2 years and 4 months. To the best of our office’s knowledge, the following demonstrates the processing timeline for the 8280 Broadway MMD project.

In or about October 2019, Pick Axe submitted its first request for early separation findings for the 8280 Broadway MMD (“First MUP”). On November 4, 2019, the City approved the First MUP with an expiration date of November 4, 2020. The City’s applicable notice of decision provided that:

Any conflicting land use, or land use application, that commences between November 4, 2019 and November 4, 2020 will not be grounds to disqualify a MMD CUP application at this address.

On November 4, 2020, the Pick Axe had yet to submit a conditional use permit application to the City. A few weeks later, on November 30, 2020, Pick Axe submitted a conditional use permit application to the City which was significantly incomplete (“MMD CUP”). On December 23, 2020, the City provided a notice City Council
February 22, 2022

Page 2 ends

of incomplete letter to Pick Axe stating that Pick Axe failed to provide the required materials needed for the City to review the application.

In or about December 2020, Pick Axe submitted its second request for early separation findings for the 8280 Broadway MMD (“Second MUP”). On January 13, 2021, the City approved the Second MUP with an expiration date of January 13, 2022. Again, the City’s notice of decision provided that:

Any conflicting land use, or land use application, that commences between January 13, 2021 and January 13, 2022 will not be grounds to disqualify a MMD CUP application at this address.

On or about November 16, 2021, Pick Axe submitted its third request for early separation findings for the 8280 Broadway MMD (“Third Request”). At this time, Pick Axe had not provided any additional materials to the City with respect to its MMD CUP application originally submitted on November 30, 2020 and had in fact not bothered to respond to the City’s December 23, 2020 Notice of Incomplete. The Lemon Grove Municipal Code (“LGMC”) 17.28.020(j)(1) provides that a CUP application shall expire after a continuous 12-month period of inactivity. In an attempt to game the system, Pick Axe submitted plans on November 22, 2021 (6 days short of the one-year mark) but failed to include the other required materials identified in the December 23, 2020 Notice of Incomplete. Due to Pick Axe’s lack of substantial activity toward submitting a complete application package, Pick Axe’s CUP application was set to expire on November 30, 2021.

On December 9, 2021, Appellants submitted a conditional use permit application for a cannabis dispensary to be located at 8290 Broadway. The Appellants’ CUP application was deemed complete on January 9, 2022.

On January 27, 2022, the City distributed its tentative notice of decision to approve Pick Axe’s Third MUP. On February 1, 2022, the Appellants timely filed an appeal. At this time, the Pick Axe’s MMD CUP application is still not deemed complete.

DISCUSSION
A. THE REQUIRED FINDINGS FOR THIS MUP APPLICATION CANNOT BE MADE.

1. The Early Separation Findings Are Not A Use.

Section 17.28.020(O) of the (“LGMC”) regulates an applicant’s request for early separation findings. If an applicant wishes to obtain early separation findings, the applicant must use a minor use permit application “for the sole purpose of finding that the application meets or does not meet the required separation requirements.” Section 17.28.020(O) precludes the City from applying the generic minor use permit findings listed in LGMC section 17.28.052(C)(1)-(4) by including the language “for the sole purpose of finding that the application meets or does not meet the required separation requirements.”
Even without the aforementioned prohibitive language, it would be nonsensical to review early separation requirements based upon LGMC section 17.28.052 (C) because those findings require the City to evaluate the compatibility of a “use.”1 LGMC section 17.08.030 defines “use” as “the purpose for which

1 LGMC section 17.28.052(C) requires the following findings: (i) the use is compatible with the neighborhood or the community, (ii) the use is not detrimental to the health, safety, convenience or general welfare of persons residing or City Council
February 22, 2022

Page 3 ends

land or a building or structure is arranged, designed, or intended to be used, or for which it is or may be used, occupied or maintained.” Early separation findings by their very nature are not a “use”. The City is not evaluating whether or not the MMD “use” is appropriate with the early separation findings. Rather, it is certifying that there are not any regulated or protected uses within 1000’ at the time of application. This allows an applicant to have one year to diligently process its application without a daycare popping up at the last minute that would prohibit the location of the MMD. In light of this, the City must look solely to the proposed project’s compliance with the City’s separation requirements in making the early determination findings.

2. A cannabis dispensary at 8280 Broadway does not meet the required separation requirements provided in Section 17.32.090(B).

Notwithstanding the above, the City cannot make the determination that a cannabis dispensary at 8280 Broadway would meet the required separation requirements. The Appellants submitted a conditional use permit application for a cannabis dispensary at 8280 Broadway on December 9, 2021. Pick Axe’s Second MUP expired on January 13, 2022.

On January 27, 2022, the City distributed its tentative notice of decision to approve Pick Axe’s Third MUP the notice of decision stated that the decision would become final on February 7th, 2022 if no public hearing was requested. Therefore, between January 13, 2022 and at a minimum January 27, 2022, Pick Axe did not have the benefit of early separation findings. If the City were to approve this Third MUP at the March 1, 2022 City Council hearing, the notice of decision would provide that: “Any conflicting land use, or land use application, that commences between March 1, 2022 and March 1, 2023 will not be grounds to disqualify a MMD CUP application at this address.”
Due to: (1) the expiration of the Pick Axe’s Second MUP on January 13, 2022, and (2) Appellants’ CUP application being submitted in January 2022 (prior to March 1, 2022), the City cannot approve Pick Axe’s MUP.

B. PICK AXE HAS MANIPULATED THE CITY’S PERMITTING PROCESS IN BAD FAITH.

Pick Axe has manipulated the City’s permitting system for over 2 years and will continue to do so.

Pick Axe’s conduct has prevented other cannabis applicants from applying and developing in the area limiting the City’s opportunity for commercial and neighborhood revitalization. Pick Axe’s bad faith can be demonstrated by the following acts:

1. Pick Axe submitted its first request for early separation findings for the 8280 Broadway MMD in or around October 2019. Pick Axe did not submit any conditional use permit application materials until November 30, 2020 more than one year from its First MUP request.

2. Once Pick Axe did submit a conditional use permit application, the application failed to include a majority of the application’s submittal requirements.

3. Once the City told Pick Axe of all its missing CUP application materials, Pick Axe waited until one week from the expiration of its CUP application to submit plans for the Project. Moreover, this last-minute submittal still excluded many required application materials.

working in the vicinity; (iii) the use complies with performance standards according to Section 17.24.080; and (iv) the use is consistent with the applicable provisions of the particular zoning district and with the policies and standards of the general plan.

City Council
February 22, 2022

Page 4 ends

4. Pick Axe has submitted three requests for early separation findings and Pick Axe’s CUP application is still not deemed complete.

Finally, it is not possible for Pick Axe to timely utilize its conditional use permit even if it were to be granted. The current property owner of 8280 Broadway is in a lease agreement for approximately three more years with the tow yard. Neither the property owner nor the tenant intend to breach the lease. LGMC section 17.28.020(J)(2)(b) states that a conditional use permit shall expires after twelve months postapproval unless construction or the use has commenced. Pick Axe will not meet this deadline further delaying any development opportunity in the area.

CONCLUSION
As demonstrated above, MUP-210-0007 cannot be approved because: (1) the required early separation findings cannot be made and (2) Pick Axe has and will continue to act in bad faith with respect to its improper and unilateral delays of this Project.

In light of this, the Appellants respectfully request that the City Council grant the appeal and deny MUP-210-0007.

Sincerely,

AUSTIN LEGAL GROUP, APC
Gina M. Austin, Esq.
cc: City Attorney
Interim Community Development Director
Dear City Council,
My name is Doris Mattar. I'm the property owner at 8280 Broadway Lemon Grove CA 91945. My husband and I have been part of the Lemon Grove community for over 62 years. We raised our family here on Golden Ave. Our children went to St Johns of the Cross and Mount Miguel schools.

My husband Leroy Mattar started Lee's Automotive in Lemon Grove in 1960. Since then we have purchased multiple rental properties In Lemon Grove and up until this very day, we support local businesses and community organizations. My husband was very involved, he was even honored by the Lemon Grove HistoricalSociety. He would let Dorman, the Fire Department, local leaders, and the YMCA use our 450-acre ranch whenever they needed. I even remember him saying good things about Councilman Jery Jones, and his auto repair business.

My husband Leroy Mattar believed deeply in the marijuana project and in Chris Wiliams. Chris and Lee's business relationship eventually became very personal to Lee and we see Chris as an extension of our family. Leroy wanted nothing more than for Chris to succeed with this project and his vision to beautify our properties. So much so, Leroy sold his automotive business of 60 years to Chris, simply so Chris would not have to deal with a new tenant or business owner. Unfortunately, Lee passed away one year ago on February 12, 2021. After everything he has done for this city and Chris Williams, sadly, Leroy didn't get the chance to see this project come to fruition.

I want to be clear, to honor my husband, his lagacy, and his wishes, we will do everything in our power to see this project through. My son and I are the landlords now. Prior to Lee's passing, my son, the current tenant Rodi Mikha, and Chris Wiliams all agreed to what will happen when Chris is approved by the council to move forward with this dispensary.

My son and I have never talked to the attorney representing the appellants. They know nothing about the arrangement or the lease with Rodi. There is no truth to her claims. The lease we have with the current tenant ends in a few months. The tenant has been a good tenant but when the time comes, Chris and his project have our utmost support.

This project seems to have been denied, approved, denied and approved again. Now the appellant appears to be using unethical tactics to exclude our property. This will cause us ireparable ham.

We have done a lot for Lemor Grove, after all the time my husband spent that he'll never get back. The money and opportunities lost, we can't understand why this project is stalled again. Good business should not be personal. What's best for the city of Lemon Grove is to allow Chris' project to move forward.

Please let us know if there's anything more you need from me or my son.

Sincerely,
Doris Mattar and Dan Mattar utfn
Property owners of 8260 Broadway, 8280 Broacway, and 6915-36 North Avenue.

From: Chris Williams
To: Audrey Malone
Subject: Timeline 8280 and Recordings for Admin Record
Date: Tuesday, March 1, 2022 7:17:01 PM
Attachments: WILLIAMS COMPLAINT Lemon Grove (1).docx
PDF5.pdf
Dorris and Dan Mattar.pdf
Good Evening Ms. Malone,
Please add the attached PDFs as well as the links in the body of this email to the administrative record.

Recording for Administrative Record
August 15, 2017, Audio Recording
September 29, 2017, Audio Recording
May 7, 2019, Audio Recording
July 16, 2019, Audio Recording
May 5, 2020, Audio Recording
March 16, 2021, Audio Recording
April 20, 2021, Audio Recording
December 7, 2021
December 21, 2021, Audio Recording
Sincerely,
Chris Williams
C:619 847 8264
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25 ANDREW FLORES
California State Bar No. 272958

LAW OFFICE OF ANDREW FLORES
945 4th Ave, Suite 412
San Diego, CA 92101
Telephone: (619)356-1556
Fax: (619) 274-8053
Email: [email protected]
Attorneys for the Plaintiffs
CHRISTOPHER WILLIAMS and PICK AXE HOLDING LLC

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN DIEGO, HALL OF JUSTICE
CHRISTOPHER WILLIAMS, an individual,
PICK AXE HOLDINGS, LLC, a limited liability
company,
Plaintiff,
v.

THE CITY OF LEMON GROVE,
Defendant.
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Case No.

COMPLAINT FOR DAMAGES:
1) DUE PROCESS/EQUAL PROTECTION
2) DECLARATORY RELIEF
Christopher Williams (“Mr. Williams”) and Pick Axe Holdings LLC, (collectively “Plaintiffs”), by and through their undersigned counsel, hereby files his Complaint against the City of Lemon Grove (“the City” or “Defendant”) and alleges as follows:

INTRODUCTION
Mr. Williams is an entrepreneur with various business ventures who attempted to apply for a Conditional Use Permit with the City after voters passed legislation allowing for medical marijuana 2 Complaint
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25 dispensaries through a permitting process. Mr. Williams through his company Pick Axe Holdings, LLC applied for such a permit. Mr. Williams put together a team and spent large sums of money to complete this process. However, in July of 2017, Mr. Williams was attacked by City Council member David Arambula during a meeting at his home in which the two were discussing the application and others Mr.

Williams sought to acquire. Mr. Williams filed suite against the City and Councilmember Arambula to recover medical expenses and pain and suffering has he sustained serious injuries including a fractured rib, gash over his eyelid and bite marks to his arms from the attack.

In retaliation for Mr. Williams filing of this lawsuit the City denied the Plaintiff’s application in violation of his constitutional rights to have the matter decided by an impartial and unbiased City Counsel, particularly when acting in their role as quasi-adjudicatory role similar to judges. At minimum the City acted with bias, had prejudged the outcome of his appeal hearing on April 20, 2021 after denial of the application previously, or was simply prejudice against the Plaintiffs.

THE PARTIES

1. Williams is a natural person residing in San Diego County, California and is the owner and operator of Pick Axe Holdings, LLC (“Pick Axe”).

2. Pick Axe Holdings, LLC is a limited liability company incorporated under the laws of the State of California.

3. The City of Lemon Grove is a public agency, a municipal corporation existing under the laws of the State of California.

FACUTAL BACKGROUND.

4. Mr. Williams is an entrepreneur with business interests in various industries including, media, marketing, and cannabis related markets. On November 8, 2016, voters in the City passed Measure V, an initiative removing the City’s prohibition of medical marijuana dispensaries establishing performance 3 Complaint
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25 standards and a permit process by which medical marijuana dispensaries may be established which is codified as Chapter 17.32 of the Lemon Grove Municipal Code (LGMC).

5. Mr. Williams filed a zoning clearing and in June of 2017 and eventually for a conditional use permit (CUP) via Pick Axe Holdings, LLC on or about January 18, 2018, on a property located at 6915 North Avenue, Lemon Grove, California, 91945.

6. The Defendant’s application for a CUP was denied and subsequently denied on appeal on April 20, 2021. The Defendants hereby allege that the denial was due to the bias on the part of the City via the City Counsel.

7. Prior to its denial, Mr. Williams had filed a lawsuit against the City and Councilmember David Arambula (“The Arambula Lawsuit”).1 The complaint alleged that Councilmember Arambula on or about July 15, 2017, attacked Mr. Williams causing significant injuries including a gash over his eye, a fractured rib, and bite marks to his arms. The meeting itself was put on by a democratic party leader and was conducted at Councilmember Arambula’s home. Present at the meeting was also the Mayor of Lemon Grove, Racquel Vasquez.

8. Mr. Williams declined to pursue criminal charges at the time because he feared retaliation by the City.

9. The City has currently spent over $400,000 defending against the lawsuit having been denied motions for summary judgement and request for dismissal holding that Councilmember Arambula was acting in his official capacity on City business as an employee pursuant to Gov. Code, § 815.2(a). 1 Williams v. Aramubla et. al., San Diego Superior Court Case No. 37-2018-00023369-CU-PO-CTL. 4 Complaint
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25 10. Plaintiffs, on information and believe allege that due to Mr. Williams filing the Arambula Lawsuit, his refusal to dismiss or accept a modest settlement offer, the cost to the City to defend the lawsuit the City denied the Defendants application as retaliation.

11. Defendants, by an through their agents, made statements prior to the quasi-judicial hearing appealing the denial of the Plaintiffs’ CUP application, via social media, that show they are biased towards Mr. Williams.

FIRST CAUSE OF ACTION
(FOR DENIAL OF RIGHTS TO DUE PROCESS AND EQUAL PROTECTION)

12. Williams hereby incorporates by reference paragraphs 1-12 as if they were fully set forth herein.

13. Plaintiffs are informed and believe, and thereon allege, the City has treated Plaintiff’s different that other similar applicants. Primarily in that their reasons for denial of the Plaintiff’s application are based on matters that are normally address after the application is approved during the “building stage” of the project. Additionally, other applicants are allowed time to remedy such minor details and are not denied on that basis.

14. City Councilmembers have posted online their ideations about the Plaintiff’s application prior to the appeal hearing which further indicates their prejudgment of the issue. Defendants have not and cannot provide any rational basis for discriminating against Plaintiffs’ CUP application or for arbitrarily singling out Plaintiff’s project for denial on these discretionary items.

15. Plaintiffs are informed and believe and thereon allege that the City was improperly influenced by inadmissible factors, including bias and hostility, ex parte communications, arguments, the Arambula Lawsuit, political pressure, prior economic loss due to funding of the Arambula Lawsuit, and general dislike of Mr. Williams and improperly reached a decision before the public hearing on the appeal of the 5 Complaint
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25 denial of his application thereby depriving Plaintiffs of their rights to a fair and impartial quasiadjudicatory hearing and due process of law, with no rational basis or justification.

SECOND CAUSE OF ACTION

DECLARATORY AND INJUNCTIVE RELIEF

16. Williams hereby incorporates by reference paragraphs1-16 as if they were fully set forth herein.

17. An actual controversy exists between the parties involving a substantive question regarding the City’s denial of a CUP application, the proper interpretation and application of state and local laws, land use plans, policies and regulations, as set forth above, with regard to the party’s respective rights and duties herein.

18. Plaintiffs contend that the City’s actions denied Plaintiffs for a fair and impartial hearing and denied due process and equal protection under the law and the Counsel’s actions were the result of prejudicial bias, and procedural improprieties and error.

19. Plaintiffs are informed and believe, and thereon allege, that the City disputes the foregoing contentions and maintain the contrary, such that an actual controversy now exists between the parties.

20. Accordingly, declaratory relief is appropriate and necessary to determine the controversy and to judicially declare the invalidity of the City’s actions, practices, -and policies in denying the CUP.

21. Plaintiffs have no adequate remedy at law to redress the errors and abuses described above, or to prevent or mitigate the harms and irreparable injuries resulting therefrom and have exhausted all available administrative remedies. Issuance of preliminary and permanent injunctive relief may be necessary to provide effective relief.
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25 22. Plaintiffs seek a judicial declaration that the City's actions and denials were invalid and were contrary to law. Such a declaration is a necessary and proper exercise of the Court's power to prevent future actions by the City in violation of the law, and Plaintiffs also seek equitable relief, including but not limited to injunctive relief for the protection and enforcement of their rights and to enjoin the City to conform their actions, decisions, and conduct of quasi-judicial hearings on. land use permits to the requirements of state law for the benefit of the public generally.

Prayer for Relief
WHEREFORE, Williams respectfully requests of the Court judgment in his favor as follows:
a. For an award of general, compensatory, special and/or punitive damages in favor of Plaintiffs to be proven at trial;
b. For cost of suit incurred herein, including reasonable legal fees; c. For a preliminary injunction against the City enjoining them from issuing any CUP application that may conflict with the Plaintiff’s application and order recusing any biased councilmember from any further hearing regarding the Plaintiffs CUP application. d. Such other and further relief as the Court may deem just and proper. 7 Complaint
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25 Law Offices of Andrew Flores

By_________________________________
Andrew Flores
Attorney for Plaintiffs
CHRISTOPHER WILLIAMS and PICK AXE HOLDINGS LLC
Dated: July 16, 2021

Lemon Grove City CouncilApril 5, 2022

Lemon Grove City Council
April 5, 2022