La Mesa City Council

Minutes of a Regular Meeting

Meeting #:

Date:

Tuesday, October 11, 2022 at 6:00 P.m. - 10:00 P.m.

Location:

City Council Chambers, 8130 Allison Avenue

La Mesa, California

Present:

• Mayor Arapostathis
• Vice Mayor Parent
• Councilmember Baber
• Councilmember Lothian
• Councilmember Shu

Staff:

• City Manager Humora
• City Attorney Sabine
• City Clerk Wiegelman

This meeting was conducted utilizing teleconferencing and electronic means consistent with Government Code Section 54953, as amended by Assembly Bill 361, in relation to the COVID-19 State of Emergency and recommended social distancing measures.

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1.

CALL TO ORDER

The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda Items can be taken out of order during the meeting.

The Agenda Items were considered in the order presented.

Mayor Arapostathis called the meeting to order at 6:00 p.m.

1.1

INVOCATION - VICE MAYOR PARENT

1.2

PLEDGE OF ALLEGIANCE

2.

CITY MANAGER COMMENTS

There were no comments.

3.

COMMUNITY BULLETIN REPORTS

The Mayor, Council and staff made announcements and reported on various events taking place in the City. No action was taken.

4.

ADDITIONS AND/OR DELETIONS TO THE AGENDA

There were no additions or deletions to the agenda.

5.

PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)

Wendy Mihalic spoke on electrifying buildings.

John spoke on allowing adults to order off the children's menu.

Dawn-Marie Tol spoke regarding homelessness, dense housing, and electrifying buildings.

Elizabeth Fennema spoke regarding a traffic safety concern on Elden Street and Lubbock Avenue due to the Mellmanor Apartment's utility gate being open.

Carol Schroeder spoke regarding a traffic safety concern on Elden Street and Lubbock Avenue due to the Mellmanor Apartment's utility gate being open.

Janet Castanos spoke regarding deceitful campaign mailers.

6.

CONFLICT DISCLOSURES

Councilmember Lothian recused herself for Item 9.8 because she had a potential conflict of interest under Government Code Section 87100 due to the proximity of her office to 4757 Palm Avenue.

7.

BOARD AND COMMISSION APPOINTMENTS

7.1

RESOLUTION APPOINTING MEMBERS TO THE YOUTH ADVISORY COMMISSION

Mayor Arapostathis nominated Mustafa Dost for reappointment and Elyse Wainscot, Grace Reagan, Fahim Chakibou, Antony Martinez, Camille Forga, and Samantha Luevano for appointment to the Youth Advisory Commission.

• Resolution No. 2022-111
  Moved By Mayor Arapostathis
  Seconded By Vice Mayor Parent

  Approve the reappointment of Mustafa Dost and the appointments of Elyse Wainscott, Grace Reagan, Fahim Chakibou, Anthony Martinez, Camille Forga, and Samantha Luevano to the Youth Advisory Commission and adopt the Resolution confirming the appointments.

  For (5)

  Mayor Arapostathis, Councilmember Shu, Councilmember Baber, Vice Mayor Parent, and Councilmember Lothian

  Approved (5 to 0)

8.

BOARD AND COMMISSION INTERVIEWS

8.1

INTERVIEW OF APPLICANT FOR AN UNSCHEDULED VACANCY ON THE HISTORIC PRESERVATION COMMISSION

City Clerk Wiegelman briefly explained the interview process.

Lori Wilcox spoke regarding their qualifications and interest in being appointed to the Historic Preservation Commission as a resident representative.

City Clerk Wiegelman said the appointment would be made at the October 25th City Council meeting.

Following the interview, no action was taken.

9.

CONSENT CALENDAR

(Items 9.1 through 9.10)

Mayor Arapostathis pulled Consent Calendar Items 9.7 and 9.8 for separate consideration.

• Moved By Councilmember Baber
  Seconded By Vice Mayor Parent

  Approve Consent Calendar Items 9.1 through 9.6 and Items 9.9 and 9.10.

  For (5)

  Mayor Arapostathis, Councilmember Shu, Councilmember Baber, Vice Mayor Parent, and Councilmember Lothian

  Approved (5 to 0)

9.1

APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING

• Approve.

9.2

APPROVAL OF THE MINUTES FOR THE CITY COUNCIL SPECIAL MEETING HELD TUESDAY, SEPTEMBER 27, 2022

• Approve.

9.3

APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD TUESDAY, SEPTEMBER 27, 2022

• Approve.

9.4

RESOLUTION APPOINTING THE SAN DIEGO COMMUNITY POWER PRIMARY AND ALTERNATE REPRESENTATIVES TO THE ENVIRONMENTAL SUSTAINABILITY COMMISSION

• Resolution No. 2022-112

  Adopt Resolution.

9.5

RESOLUTION TO APPROVE ASSIGNMENT AGREEMENTS WITH BAKER TILLY US, LLP FOR PERMITTING PROCESS CONSULTING SERVICES AND DEVELOPMENT OF A FIVE-YEAR STRATEGIC PLAN

• Resolution No. 2022-113

  Adopt Resolution.

9.6

RESOLUTIONS FOR CONSULTANT SERVICES FOR BUILDING SERVICES

• Adopt Resolutions.

a.

RESOLUTION AWARDING RFP 23-03 FOR CONSULTANT SERVICES FOR BUILDING SERVICES TO SUPPORT THE BUILDING DIVISION TO INTERWEST CONSULTING GROUP

• Resolution No. 2022-114

  Adopt Resolution.

b.

RESOLUTION TO INCREASE THE BUDGET FOR BUILDING DIVISION PROFESSIONAL AND SPECIALIZED SERVICES ACCOUNT BY $225,000 FOR FISCAL YEAR 2022-2023

• Resolution No. 2022-115

  Adopt Resolution.

9.9

RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER NO. 1 FOR THE CITYWIDE PEDESTRIAN SIGNAL UPGRADES PROJECT, BID NO. 22-08, TO YUNEX, LLC

• Resolution No. 2022-116

  Adopt Resolution.

9.10

RESOLUTION AWARDING RFP 23-08 AND AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH KTUA TO PREPARE THE CITYWIDE RECREATION AND PARKS MASTER PLAN AND TO APPROPRIATE FUNDING FOR THE PROJECT

• Resolution No. 2022-117

  Adopt Resolution.

9.7

RATIFICATION OF THE DESIGN REVIEW BOARD'S APPROVAL OF PROJECT 2021-43 (CENTER FOR NEUROSCIENCES)

A PROPOSED REMODEL AND 20,182 SQUARE FOOT ADDITION TO THE EXISTING SINGLE-STORY REHABILITATION CENTER TO CREATE A TWO-STORY CENTER FOR NEUROSCIENCES AT THE SHARP GROSSMONT HOSPITAL AT 5555 GROSSMONT CENTER DRIVE, APN 490-340-23-00 IN THE RB-G-D (RESIDENTIAL BUSINESS / GROSSMONT OVERLAY / URBAN DESIGN OVERLAY) ZONE

John Fonseca, Grossmont Hospital Foundation, spoke in support of the ratification of the Design Review Board's approval of Project 2021-43 (Center for Neurosciences) and provided an overview of the proposed project.

Dianne Osterling spoke in support of the ratification of the Design Review Board's approval of Project 2021-43 (Center for Neurosciences) and regarding public comment on Consent Calendar items.

Ned Swanson inquired about how the City monetizes what goes on at the Grossmont Healthcare District area.

Council questions and comments ensued.

• Moved By Mayor Arapostathis
  Seconded By Vice Mayor Parent

  Approve.

  For (5)

  Mayor Arapostathis, Councilmember Shu, Councilmember Baber, Vice Mayor Parent, and Councilmember Lothian

  Approved (5 to 0)

9.8

RATIFICATION OF THE DESIGN REVIEW BOARD'S APPROVAL OF PROJECT 2021-40 (PALM STREET VENTURES LLC)

Karlene Akers

Good Afternoon, As a La Mesa resident, I wanted to comment on the waivers being requested for this project since it's located in the Downtown Village area. Can someone double check with the attorney over whether or not granting those waivers devalues the current DVSP guidelines which in turn opens up the entire Village to being replaced with 5 ½ story apartments with less than 0.5 parking? Granting exceptions can weaken already established rules in some cases and developers have a lot of money to sue. Basically I'm worried about getting stuck with a 5 ½ story modern apartment cramped on the main street with the council not having the power to deny it. The further parking reduction is also concerning since it makes it possible to build on small lots. Parking reduction issues tend to grow the more you build in a single area as well. San Diego’s transit system is currently underdeveloped with limited reach and capacity compared to other countries. They're also building too close to the transit lines which will make it harder to add more rails in the future. And if this is not the 1st project in the area to be granted similar waivers against the DVSP guidelines, I would look into reestablishing protections before further issues occur. While I support more housing, I also believe parks and historical areas are important for mental well-being, community engagement, and tourism. Thank you, Karlene Akers

A PROPOSED MIXED-USE DEVELOPMENT AT 4757 PALM AVENUE, APN 494-410-24-00 IN THE CD-D (DOWNTOWN COMMERCIAL / URBAN DESIGN OVERLAY) ZONE

Councilmember Lothian inquired about the notification process for the proposed project and if there was a potential conflict of interest due to the location of her office.

Council questions and comments ensued.

Mayor Arapostathis called a recess at 6:41 p.m. and reconvened the meeting at 6:46 p.m. with all members present.

Community Development Director Kusiak explained the notification requirements for various types of projects.

City Attorney Sabine explained Councilmember Lothian had a potential conflict of interest under Government Code Section 87100 due to the proximity of her office to the proposed project.

Councilmember Lothian left the dais at 6:49 p.m.

Associate Planner Kinnard provided a PowerPoint presentation on the proposed mixed-use development project, highlighting the approval process, the incentives and waivers of development standards and parking ratios, and the site and design of the proposed project. Associate Planner Kinnard reviewed the Affordable Homes Bonus Program and Government Code Section 65915 as it relates to the proposed project and summarized the Design Review Board's conditions of approval. 

Council questions and comments ensued.

Ned Swanson spoke regarding the visage of downtown La Mesa and the proposed project's reduced parking requirements and affordable housing component. 

Dianne Osterling spoke regarding affordable housing and the design of the proposed project. 

John Cherry spoke on the proposed project's landscaping and reduced parking requirements.  

Aaron Amerling spoke regarding the validity of the proposed project being designated a mixed-use development and on the design standards set forth in the Urban Design Program and Downtown Village Specific Plan.

The following members of the public spoke in opposition to the ratification of the Design Review Board's approval of Project 2021-40 (Palm Street Ventures LLC):

Kristine Alessio 

Craig Maxwell

Carmen Cooley 

Hal Drew

Raymond Abbott

Karlene Akers submitted a comment regarding the proposed project's height and reduced parking requirements.

Council questions and comments continued.

• Moved By Councilmember Shu
  Seconded By Councilmember Baber

  Continue the item to a later date and direct staff to return to Council with further information related to (1) the project with regards to whether the Council may reject the project regarding certain health and safety issues; and (2) the Design Review Board’s proposed conditions of approval (e.g. new street trees shall be 36-inch box and the applicant shall provide planters adjacent to the building wall along the Palm Avenue building elevation).

  For (4)	Mayor Arapostathis, Councilmember Shu, Councilmember Baber, and Vice Mayor Parent
  Abstain (1)	Councilmember Lothian

  Approved (4 to 0)

10.

ORDINANCE: FIRST READING

10.1

2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, INCORPORATING THE 2021 INTERNATIONAL BUILDING CODE, THE 2021 INTERNATIONAL RESIDENTIAL CODE, THE 2021 UNIFORM PLUMBING CODE, THE 2021 UNIFORM MECHANICAL CODE, AND THE 2020 NATIONAL ELECTRICAL CODE, AND AMENDING TITLE 14 OF THE LA MESA MUNICIPAL CODE AND ALL OTHER ORDINANCES IN CONFLICT THEREWITH

Councilmember Lothian returned to the dais.

City Attorney Sabine read the title of the Ordinance.

• Moved By Councilmember Baber
  Seconded By Mayor Arapostathis

  Approve the introduction and first reading of the Ordinance and schedule the second reading of the Ordinance and the required public hearing for Tuesday, November 22, 2022.

  For (5)

  Mayor Arapostathis, Councilmember Shu, Councilmember Baber, Vice Mayor Parent, and Councilmember Lothian

  Approved (5 to 0)

11.

HEARING

11.1

CONSIDERATION OF PROJECT 2022-0770 (BINOTTI)  

A REQUEST TO DESIGNATE THE PROPERTY LOCATED AT 9190 BRIER ROAD, APN 490-402-72-00 IN THE R1S-BT (SUBURBAN RESIDENTIAL / BRIER TRACT OVERLAY) ZONE AS A HISTORIC LANDMARK AND TO ESTABLISH A PROPERTY PRESERVATION (MILLS ACT) AGREEMENT FOR THE SITE

Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice.

Mayor Arapostathis opened the hearing for Item 11.1.

Associate Planner Kinnard provided historical background of the property, briefly explained the criteria for historic landmark designation and the Mills Act Preservation Agreement, and listed the planned exterior and interior improvements. 

Council questions and comments ensued.

• Moved By Mayor Arapostathis
  Seconded By Vice Mayor Parent

  Close the hearing.

  For (5)

  Mayor Arapostathis, Councilmember Shu, Councilmember Baber, Vice Mayor Parent, and Councilmember Lothian

  Approved (5 to 0)
• Resolution No. 2022-118 and Resolution No. 2022-119
  Moved By Mayor Arapostathis
  Seconded By Councilmember Baber

  Adopt Resolutions.

  For (5)

  Mayor Arapostathis, Councilmember Shu, Councilmember Baber, Vice Mayor Parent, and Councilmember Lothian

  Approved (5 to 0)

a.

RESOLUTION DESIGNATING THE STANLEY AND VIRGINIA SCOTT HOUSE LOCATED AT 9190 BRIER ROAD, APN 490-402-72-00 AS A HISTORIC LANDMARK

• Resolution No. 2022-118

  Adopt Resolution.

b.

RESOLUTION AUTHORIZING EXECUTION OF A HISTORIC LANDMARK PROPERTY PRESERVATION AGREEMENT WITH THE OWNERS OF THE HISTORIC LANDMARK KNOWN AS THE STANLEY AND VIRGINIA SCOTT HOUSE LOCATED AT 9190 BRIER ROAD, APN 490-402-72-00

• Resolution No. 2022-119

  Adopt Resolution.

12.

COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)

The Mayor and Council reported on various outside boards, commissions and committee meetings they attended. No action was taken.

13.

AB 1234 REPORTS (GC 53232.3 (d))

There were no reports.

14.

CITY ATTORNEY REMARKS

There were no remarks.

15.

ADJOURNMENT

Mayor Arapostathis adjourned the meeting at 8:08 p.m.