La Mesa City Council

Minutes of a Regular Meeting

Meeting #:

Date:

Tuesday, May 23, 2023 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 Dillard
• Councilmember Lothian
• Councilmember Shu

Staff:

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

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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 - MAYOR ARAPOSTATHIS

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.

PRESENTATIONS

5.1

PROCLAIMING JUNE 19, 2023 AS LA MESA JUNETEENTH AND FRIENDS DAY

Councilmember Dillard read the proclamation proclaiming June 19, 2023 as La Mesa Juneteenth and Friends Day.

5.2

PROCLAIMING JUNE 2023 AS LGBTQ+ PRIDE MONTH

Samantha Schwimmer

On behalf of the San Diego LGBT Community Center, I am writing in support of proclaiming June as LGBTQ+ Pride Month. Pride Months are a time for the LGBTQ community to come together to celebrate how far we have come and to call attention to the injustices that we continue to face. They are a time of joy, community building, and resilience. We thank the Council for their leadership in uplifting and celebrating the LGBTQ community of La Mesa.

Dave Palmer

Dear members of the La Mesa City Council - I am writing to convey my support for the proposed proclamation of June as LGBTQ+ Pride Month. By affirming this proclamation I believe that it signals to all of our residents and visitors that La Mesa values the diversity within our community and is a welcoming place for all. Standing in support of and in solidarity with underrepresented communities is a powerful way to show our character and values. I believe that that character and those values are best displayed in how we advocate and care for those who have struggled to be recognized, respected, and included, and the LGBTQ+ community has endured far too many obstacles (and if fact is still working to overcome many more). The stories of exclusion and being antagonized that I have heard first hand from scores of LGBTQ+ friends and family members are as heartbreaking as they are bewildering and infuriating. La Mesa has an opportunity to make a small but powerful statement that we support this community publicly. Thank you for your time and thoughtful consideration. Dave Palmer

Mayor Araposathis read the proclamation proclaiming June 2023 as LGBTQ+ Pride Month.

Andrea Beth Damsky spoke in support of the proclamation.

Seth L. spoke in support of the proclamation.

Samantha Schwimmer submitted a comment in support of the proclamation.

Dave Palmer submitted a comment in support of the proclamation.

Heather D. submitted a comment in support of the proclamation.

6.

PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)

Mike Werner spoke regarding a San Miguel Fire & Rescue fire engine almost hitting him while he was walking in La Mesa.

7.

CONFLICT DISCLOSURES

There were no conflict of interest disclosures.

8.

BOARD AND COMMISSION INTERVIEW

8.1

INTERVIEW OF APPLICANTS FOR UNSCHEDULED VACANCIES ON THE COMMUNITY POLICE OVERSIGHT BOARD

City Clerk Wiegelman explained that the three applicants were not able to attend the City Council meeting due to prior commitments. Luke Martin had provided a written statement expressing their interest in being considered for appointment to the Community Police Oversight Board as the Police Beat 3 representative. City Clerk Wiegelman said the appointments would be made at the June 13, 2023, City Council meeting. 

9.

BOARD AND COMMISSION APPOINTMENTS

9.1

RESOLUTION APPOINTING A MEMBER TO FILL AN UNSCHEDULED VACANCY ON THE YOUTH ADVISORY COMMISSION

Mayor Arapostathis nominated Lauren Farace to the Youth Advisory Commission.

• Resolution No. 2023-054
  Moved By Mayor Arapostathis
  Seconded By Vice Mayor Parent

  Approve the appointment of Lauren Farace to the Youth Advisory Commission and adopt Resolution confirming the appointment.

  For (5)

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

  Approved (5 to 0)

9.2

RESOLUTION APPOINTING A MEMBER TO FILL THE UNSCHEDULED VACANCY ON THE COMMUNITY RELATIONS AND VETERANS COMMISSION

Mayor Arapostathis nominated Megan O'Dowd to the Community Relations and Veterans Commission.

• Resolution No. 2023-055
  Moved By Mayor Arapostathis
  Seconded By Vice Mayor Parent

  Approve the appointment of Megan O'Dowd to the Community Relations and Veterans Commission as the general population representative and adopt Resolution confirming the appointment.

  For (5)

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

  Approved (5 to 0)

10.

PUBLIC COMMENTS ON CONSENT CALENDAR

Bonnie Baranoff spoke on Item 11.8.

Dawn Marie-Tol spoke on Item 11.8.

11.

CONSENT CALENDAR

(Items 11.1 through 11.11)

• Moved By Vice Mayor Parent
  Seconded By Mayor Arapostathis

  Approve Consent Calendar Items 11.1 through 11.11.

  For (5)

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

  Approved (5 to 0)

11.1

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

• Approve.

11.2

RESOLUTION APPOINTING THE LA MESA-SPRING VALLEY SCHOOL DISTRICT REPRESENTATIVE TO THE COMMUNITY SERVICES COMMISSION

• Resolution No. 2023-056

  Adopt Resolution.

11.3

RESOLUTION APPROVING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF LA MESA AND THE LA MESA COMMUNITY WELFARE ASSOCIATION, INC.

• Resolution No. 2023-057

  Adopt Resolution.

11.4

CONSIDERATION OF AN AMENDMENT TO THE FACADE AND PROPERTY IMPROVEMENT GRANT PROGRAM GUIDELINES

• Approve.

11.5

RESOLUTION APPROVING AN AMENDMENT TO THE APPROVED COMPENSATION PLANS FOR FY 2022-2023, FY 2023-2024, AND FY 2024-2025 TO UPDATE THE SALARIES FOR THE POSITIONS OF DEPUTY FIRE CHIEF AND ACCOUNTING TECHNICIAN - CONFIDENTIAL

• Resolution No. 2023-058

  Adopt Resolution.

11.6

ERRATA RESOLUTION AMENDING RESOLUTION NO. 2022-126 APPROVED ON NOVEMBER 22, 2022, FOR THE PURPOSE OF INCLUDING ADDITIONAL RELEVANT FISCAL YEARS THAT WERE INADVERTANTLY EXCLUDED IN THE ORIGINAL RESOLUTION.

• Resolution No. 2023-059

  Adopt Resolution.

11.7

INDEPENDENT POLICE AUDITOR REPORT FOR THE QUARTER ENDING MARCH 31, 2023

• Receive and file.

11.8

HOMELESS OUTREACH AND MOBILE ENGAGEMENT (HOME) PROGRAM QUARTERLY REPORT (JANUARY 2023 - MARCH 2023)

• Receive and file.

11.9

RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE WATER RESOURCES BOARD FOR A STATE REVOLVING FUND LOAN FOR THE INFLOW AND INFILTRATION MITIGATION PROJECT PHASE 6 FOR A NOT-TO-EXCEED AMOUNT OF $7,000,000

• Resolution No. 2023-060

  Adopt Resolution.

11.10

RESOLUTIONS TO INCREASE THE BUILDING DIVISION PROFESSIONAL AND SPECIALIZED SERVICES ACCOUNT BY $200,000 FOR FISCAL YEAR 2022-2023 AND TO AMEND THE AGREEMENT FOR CONSULTANT BUILDING SERVICES WITH INTERWEST CONSULTING GROUP 

• Adopt Resolutions.

a.

RESOLUTION TO INCREASE THE BUDGET FOR BUILDING DIVISION PROFESSIONAL AND SPECIALIZED SERVICES ACCOUNT BY $200,000 FOR FISCAL YEAR 2022-2023, FOR A TOTAL OF $783,200 FOR THE FISCAL YEAR

• Resolution No. 2023-061

  Adopt Resolution.

b.

RESOLUTION TO AMEND THE AGREEMENT WITH INTERWEST CONSULTING GROUP FOR PROFESSIONAL CONSULTANT SERVICES TO SUPPORT THE BUILDING DIVISION TO INCREASE THE NOT-TO-EXCEED AMOUNT BY $200,000 FOR FISCAL YEAR 2022-2023, FOR A TOTAL OF $550,000

• Resolution No. 2023-062

  Adopt Resolution.

11.11

RESOLUTION TO INCREASE THE BUDGET FOR THE LA MESA SUCCESSOR AGENCY AFFORDABLE HOUSING LAWSUIT PROFESSIONAL AND SPECIALIZED SERVICES ACCOUNT BY $30,000 FOR FISCAL YEAR 2022-2023, FOR A TOTAL OF $70,000 FOR THE FISCAL YEAR

• Resolution No. 2023-063

  Adopt Resolution.

12.

STAFF REPORT

12.1

CONSIDERATION OF AUTHORIZATION TO INITIATE A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FOR 9407 JERICHO ROAD FROM URBAN RESIDENTIAL TO MULTIPLE UNIT RESIDENTIAL

Assistant Director of Community Development Hazlewood provided a PowerPoint presentation regarding the property at 9407 Jericho Road, highlighting the current land use designation, the proposed General Plan Amendment and zoning change, the process for General Plan Amendments, and the proposed project application.

Aaron Talarico, Vice President of Acquisitions and Entitlements, Meritage Homes, provided a PowerPoint presentation on Meritage Homes and MLC Holdings and the conceptual site plan for 9407 Jericho Road.

Council questions and comments ensued.

• Moved By Mayor Arapostathis
  Seconded By Councilmember Dillard

  Authorize submittal of the application for a General Plan Amendment.

  For (5)

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

  Approved (5 to 0)

13.

COUNCIL INITIATED

13.1

CONSIDERATION OF DIRECTING STAFF TO AMEND THE POLICY FOR THE DISPLAY OF FLAGS AT CITY FACILITIES TO ONLY ALLOW THE DISPLAY OF GOVERNMENT FLAGS AT CITY HALL - COUNCILMEMBER LOTHIAN

Samantha Schwimmer

On behalf of the San Diego LGBT Community Center, I am writing in opposition to the proposed amendment to the City’s flag policy. As it stands now, the flag policy allows for any flag to be flown in conjunction with a proclamation. This allows for many different communities to be celebrated and uplifted during various points of the year. La Mesa is home to many in the LGBTQ community and the raising of the Pride flag affirms that the city is a safe and welcoming place. We look forward to celebrating the month of Pride in La Mesa and urge the Council to oppose this amendment.

Cindy Lopez

Dear Councilmembers, My name is Cindy Lopez and I am the San Diego Regional Field Organizer of Equality California—the nation’s largest statewide LGBTQ+ civil rights organization. I write you today not only on behalf of Equality California but also as an ally of the LGBTQ+ community. I'm writing today to express my opposition to Item 13.1, Councilmember Laura Lothian's proposal to ban non-government flags, including the LGBTQ Pride flag, at City Hall. The LGBTQ Pride flag represents the victories and ongoing struggles not just for LGBTQ+ rights, but for all human rights—the rights so many never have to think about: to live in peace without the threat of harassment or violence. For members of LGBTQ+ communities, this iconic flag symbolizes unity, inclusion, acceptance and love. Councilmember Lothian continues to refer to LGBTQ+ people and issues as “political messaging” and “divisive” - yet proposed a ban on flying the flag at the meeting proclaiming June to be LGBTQ+ pride month. This is an extremely partisan, political move. LGBTQ+ people are human beings and many are members of the La Mesa Community, not only living here but working here, and supporting our economy and small businesses. La Mesa was one of the first cities in the country to pass an ordinance that prohibited discrimination on the basis of sexual orientation. And La Mesa was also one of the first cities in San Diego County to install gender-neutral bathrooms in public facilities. By banning this flag, Councilmember Lothian is sending a message that La Mesa does not support or value the LGBTQ+ community - far and wide beyond residents of the City. Should the Council pass this ordinance today, many, myself included, will question if we will spend our time and money at La Mesa businesses and events. I urge the La Mesa City Council to reject Councilmember Lothian's proposal to ban non-government flags, including the LGBTQ Pride flag, at City Hall. Visibility for the LGBTQ+ community saves lives. Thank you.

Felicia House

I am writing regarding agenda item 13.1 before La Mesa's City council meeting on May 23, 2023. Was there a problem with the flags? Did something happen to harm the flagpole? Why is there a consideration such as this before the council? By all appearances it seems to be a divisive consideration, designed to marginalize a community that is marginalized merciless in our society today, due to far right extremist ideology that is running rampant in our country. I implore the city of La Mesa to stand with our most vulnerable to say, we see you, and you are loved because you are in the world. Reject division in favor of unity. Thank you for your time.

Dr. Hannah Miyamoto

Regardless of their colors and designs, all flags have expressive content. However, the exact meaning a flag conveys always depends on the views of the person that sees the flag, and the context in which it is flown. For example, to most people, the Confederate Battle Flag is a historical artifact. However, many White Supremacists continue to fly the Confederate flag to express their belief in white racial superiority. The LGBTQA movement in the U.S. and around the world have adopted the six-striped “Rainbow Flag” as an important symbol, largely because Californian Gilbert Baker created a seven-striped version at the behest of San Francisco Supervisor Harvey Milk in 1978, the year Harvey and Mayor Moscone were murdered by a fellow city politician. The murders of Milk and Moscone brought so much attention to Baker’s rainbow flag that it was soon adopted worldwide. However, Baker’s rainbow flag was actually inspired by flag designs a decade older, the many-striped “Freak Flags” created by the Hippie movement in the late 1960s. In a time when America’s cities like Newark, Detroit, and Watts were burning in protest against racism, and racial tensions were even causing violence in the U.S. military, the rainbow flag expressed hope that America’s racial divisions would be reconciled peacefully. At the same time, people remembered that according to the Bible, the rainbow is a symbol of peace, and a sign of God’s love for his people on Earth. As the late Gilbert Baker said, “The rainbow… fits our diversity in terms of race, gender, ages, all of those things.” Moreover, the rainbow is as natural as the sky! Given this history and the Judeo-Christian tradition, displaying the six-striped rainbow flag on City of La Mesa property serves only to reinforce the commitment of La Mesa to creating a community that welcomes all people, regardless of race, age, faiths and cultures, sex, gender, ability, and other distinctions. Only someone opposed to that goal would condemn the display of rainbow flags as “divisive” or as not being representative of every ethnicity, race, religion, or philosophical belief that La Mesa welcomes.

christopher r glenn

13.1 Policy for the Display of Flags Yes, governments have a responsibility to promote equality and justice. This is because governments are created by the people, and they are supposed to represent the interests of all of the people, not just those in positions of wealth or power. Governments are also supposed to protect the rights of all citizens, regardless of their race, religion, gender, sexual orientation, or any other characteristic. When governments do not take a stand on social issues, they are essentially saying that they are okay with inequality and injustice. This can lead to a society where certain groups are marginalized and disadvantaged. For example, if governments do not take a stand against discrimination, it can lead to a society where people of color, women, and LGBTQ people are treated unfairly. Governments can promote equality and justice in a number of ways. They can pass laws that protect the rights of all citizens. They can also provide funding for programs that help to improve the lives of marginalized groups. And they can use their bully pulpit to speak out against discrimination and injustice. The legal basis for governments' responsibility to promote equality and justice can be found in a number of sources, including: The Universal Declaration of Human Rights, which was adopted by the United Nations in 1948, states that "all human beings are born free and equal in dignity and rights." This declaration has been ratified by over 190 countries, and it sets out a number of fundamental human rights, including the right to equality and non-discrimination. The United States Constitution states that "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." Governments promote equality and justice through legislation, including laws that prohibit discrimination on the basis of race, religion, gender, sexual orientation, or other characteristics. Our Judicial System also promotes equality and justice by interpreting laws and constitutions in a way that protects the rights of all citizens. It is important for governments at all levels, national, state and local, to take a stand on social issues because it is the right thing to do. It is also important because it helps to create a more just and equitable society for all. Christopher Glenn City of La Mesa Resident

Erin Mulligan

My name is Erin Mulligan and I live in the Mt Helix area and spend a lot of time in La Mesa, tell people that I am from La Mesa, and I am a proud ally of the LGBTQ+ community. I'm writing to express my strong opposition to item 13.1, Councilmember Laura Lothian's proposal to ban non-government flags, including the LGBTQ Pride flag, at City Hall. La Mesa has been and needs to continue to be a loving and welcoming community, and I am so proud to claim it as my hometown. The Pride flag is a symbol of inclusivity and acceptance for the LGBTQ community. By banning this flag, Councilmember Lothian is sending a message that La Mesa does not support or value the LGBTQ community. As a result I will question how much time and money I should be spending at La Mesa businesses and events, and if I should even continue to claim it as my hometown. The LGBTQ community has faced discrimination and persecution for far too long, and this ban only reinforces that discrimination. I urge the La Mesa City Council to reject Councilmember Lothian's proposal to ban non-government flags, including the LGBTQ Pride flag, at City Hall. Let's show that we value and support each and every La Mesan.

Emily Lynch

Good evening, Mayor A. and members of the La Mesa City Council. My name is Emily Lynch. I'm writing in to express my opposition to Item 13.1, Councilmember Laura Lothian's proposal to ban non-government flags, including the LGBTQ Pride flag, at City Hall. The LGBTQ Pride flag represents the victories and ongoing struggles not just for LGBTQ+ rights, but for all human rights—the rights so many never have to think about: to live in peace without the threat of harassment or violence. For members of LGBTQ+ communities, this iconic flag symbolizes unity, inclusion, acceptance and love. Councilmember Lothian continues to refer to LGBTQ+ people and issues as “political messaging” and “divisive” - yet proposed a ban on flying the flag at the meeting proclaiming June to be LGBTQ+ pride month. This is an extremely partisan, political move. LGBTQ+ people are human beings and many are members of the La Mesa Community, not only living here but working here, and supporting our economy and small businesses. The city has a long history of supporting queer rights, though sometimes it has been quietly. La Mesa was one of the first cities in the country to pass an ordinance that prohibited discrimination on the basis of sexual orientation. And La Mesa was also one of the first cities in San Diego County to install gender-neutral bathrooms in public facilities. By banning this flag, Councilmember Lothian is sending a message that La Mesa does not support or value the LGBTQ community - far and wide beyond residents of the City. Should the Council pass this ordinance today, many, myself included, will question if we will spend our time and money at La Mesa businesses and events. I urge the La Mesa City Council to reject Councilmember Lothian's proposal to ban non-government flags, including the LGBTQ Pride flag, at City Hall. Visibility for the LGBTQ+ community saves lives. Thank you.

Councilmember Lothian explained the purpose for directing staff to amend the policy for the display of flags at City facilities to only allow the display of government flags at City Hall.

The following members of the public spoke in opposition to amending the policy:

Athena Mora 

David Myers

Rebecca Littlejohn

Max Coston

Martin Campos

Brandon Duran

Raul Campillo

Amanda Webber

Rob Tol

Dawn-Marie Tol

Rev. Marcus Lohrmann

Janet Castanos

Janessa Goldbeck

Andy Trimlett

Mejgan Afshan

Lauren Cazares

Eunice Ventura

Rev. Cheri Metier

Fran Knori

Chevelle Newell-Tate on behalf of Assemblymember Akilah Weber

Robert Hicks

Jen Lothspeich

Jen LaBarbera

Jessie Schmitte on behalf of Senator Steve Padilla

Chrissy Wood

Teri Andre

Isabella Clifford

Manuel Gomez

Vicki Sutherland

Ryn Corbeil

Melissa Weiss

Fabienne Perlov

Bonnie Baranoff

Craig Reed

Brianna Coston

Dr. Melissa James

Mick Rabin

Andrea Beth Damsky

Steve Yang

Mary Joe Wilson

Nadia Farjood

Sheira Stein

Evan Strawn

The following members of the public submitted comments in opposition to amending the policy:

Veronica S.

Samantha Schwimmer

Cindy Lopez

Felicia House

Dr. Hannah Miyamoto

Erin Mulligan

Emily Lynch

Christopher Glenn submitted a comment regarding the responsibility of the government to promote equality and justice and to take a stand on social issues.

Mary Davis spoke on flag neutrality and in support of amending the policy to only allow the display of government flags at City Hall.

Following Council questions and comments, no action was taken.

14.

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.

15.

AB 1234 REPORTS (GC 53232.3 (d))

There were no reports.

16.

CITY ATTORNEY REMARKS

There were no remarks.

17.

ADJOURNMENT

Mayor Arapostathis adjourned the meeting at 8:45 p.m.