From: Chris Cruse
To: Steve Vaus; Dave Grosch; John Mullin; Caylin Frank; Barry Leonard; City Clerk Cc: Chris Cruse
Subject: 4/19/22 council meeting #8 Ordinance to Amend Poway Municipal Code Chapter 17.40 (Comprehensive Sign Regulations) Date: Tuesday, April 19, 2022 4:07:51 PM
Attachments: Screen Shot 2022-04-19 at 3.35.24 PM.png
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EXTERNAL EMAIL
To: Poway City Council via email
From: Chris Cruse, Poway resident
re: 4/19/22 council meeting #8 Ordinance to Amend Poway Municipal Code Chapter 17.40 (Comprehensive Sign Regulations) Councilmembers,
I am opposed to the amendments to Poway Municipal Code Chapter 17.40.
In fact, I am opposed to the current Chapter 17.40
The council has decided to limit free speech for public health and safety reasons, in particular, for “aesthetic” reasons.
As noted in the staff report, neighboring cities do not have similar limits on political signs during campaign seasons. As Poway’s ordinance is a unique restriction on campaign signs, I am wondering how the decision was reached. How did the city determine whether or not the public was offended by campaign signs? Was a survey or study done? Were residents asked if they dislike business signs, campaign signs, community announcement signs ? How does the city make aesthetic decisions without any public input ? How can the city amend an ordinance premised on community aesthetics without community input? When we first became a city, there were many complaints about the signage and clutter on Poway Rd. IIRC, there was even a billboard on Poway Rd. There was a concentrated effort on cleaning up and reducing clutter on Poway’s main drag. I do know that the city regularly did surveys of residents to ask about such things. Recently, I have noticed a lot more clutter on Poway Rd. There are more more business signs and more signs on construction fences that, to me, do make Poway Rd look very cluttered. But I don’t assume my aesthetic sense is the same as every else's. I’m just surprised that the city finds election signs to be the primary offensive sign, especially when those signs are only up for a short period of time.
The second reason I oppose the ordinance is because the city is selectively enforcing the sign ordinance. The city is targetting campaign signs belonging to political opponents. I can see how campaign signs from an opponent might be aesthetically unpleasing to you, but that is not the criteria you should be using to make laws that govern everyone.
The city sent a planner out to confront a Recall Vaus protestor within minutes of putting up a sign, but it has been almost a year since I first sent in a complaint about the campaign signs in the ground on Twin Peaks and Pomerado that occur every Sunday. I have sent in many follow up pictures when the city code compliance officer said she was unaware that there was a group still protesting on Pomerado and Twin Peaks. I have received a phone call from her claiming that the city does not selectively enforce and that she will confront the protesters with law enforcement escort. Both the current and previous code compliance officers felt they needed law enforcement with them to confront these protesters. That was many weeks ago, and the protesters have simply added more signs.
The city should seek to find out if the community actually wants to prohibit all campaign signs in public spaces during campaign seasons. At the same time, the city might inquire about other “aesthetic” attitudes of the public.
I’m happy the city is all in at protecting our health and welfare. I would encourage the council to promote smoke-free outdoor dining experiences as that will have a known, measureable impact on the public’s health. And it costs almost nothing to do it. Another way to affect our health and the health of our planet is for the city to make a climate action plan. That would affect not just our health and well-being, but the health and well-being of future generations. Those efforts would have a much greater impact on health and safety than making a law to restrict campaign signs for a couple of weeks every 2 years, in my opinion.
Below are some of my correspondences with Poway code compliance regarding enforcement issues. As you can see, Daniel Welte never “got back to me”. I was left under the impression that “protesters” could have in ground signs. So I was surprised with the swift threat of confiscation of the Recall Vaus protester’s signs. Jamie Zellner, who was also cc’d on the complaint sent to Daniel Welte has clarified that the city does not allow protesters to have signs unless they are hand held. But she has never satisfactorily explained why the city does not enforce that on the corner of Twin Peaks and Pomerado. And I have received no response from the last request.
Sincerely,
Chris Cruse
Begin forwarded message:
From: Chris Cruse <[email protected]>
Date: April 8, 2022 at 2:01:43 PM PDT
To: Jamie Zeller <[email protected]>
Subject: sign ordinance violations
April 8, 2022
To: Jamie Zeller [email protected]
Hi Jamie,
Per our phone conversation on February 15, 2022, you told me:
1) that you were unaware that a group was continuing to violate the sign ordinance weekly (on Sundays) at Twin Peaks and Pomerado Rd
2) that you were afraid to confront the group without sheriff escort 3) that “going forward” you were going to enforce the sign ordinance the same for everyone 4) that the group on Twin Peaks and Pomerado were violating the sign ordinance by putting signs into the ground or shrubbery.
Political signs were required to be hand held.
5) That you were “educating” the group on Pomerado about the sign ordinance. 6) That you would apply the same rules and procedures to the group on Twin Peaks and Pomerado as you did to the Recall Group and other political sign holders.
It has been almost 8 weeks since we had that phone conversation.
The group on the corner of Pomerado and Poway Rd continues to violate the sign ordinance every. single. week.
In fact, the number of signs has increased since your “education” began.
Recall sign were confiscated immediately without a period of “education” for the recall group.
Why is the city not holding the group on Twin Peaks and Pomerado to the same consequences? Going forward into the campaign season, can you clarify the city’s policy on enforcement of the sign law? 1)
Will some group’s signs be confiscated immediately?
2) Will other groups be allowed to have illegal signs for over a year without any signs being confiscated? 3) Does the city apply consistent “education” time periods for each group or is there some other criteria involved? 4) Are you being told by a supervisor to confiscate some signs and to leave others alone? 5) Is it OK to waive the sign in the street near passing vehicles? 6) Can political signs be attached to pylons from SDG&E? 7) Does the city respond to all sign complaints in equal fashion? 8) Can political groups get permits for in-ground signs? Please advise,
Chris Cruse
From: Torrey Powers
To: City Clerk; Carrie Gallagher
Subject: Council meeting 4/19/22 item #8 Fwd: 3 illegal Democratic political signs on Espola rd... Poway CA Date: Tuesday, April 19, 2022 3:50:27 PM
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EXTERNAL EMAIL
Dear Council,
Sharing this sign complaint for the record that the current city system of Sign Ordinance enforcement is selective and there is currently no standard operating process being met equally to the level the City engaged with me on Jan 28th rally to RECALL VAUS.
Political Sign complaint made at 10:53am
No response from city as of 3:32pm
Not even a confirmation of received
Again, I am against you moving forward with the proposed FINES and longer holding periods for violations.
Respectfully
Torrey Powers
Sent from my iPhone
Begin forwarded message:
From: Torrey Powers <[email protected]>
Date: April 19, 2022 at 10:53:43 AM PDT
To: Code Compliance <[email protected]>, Jamie Zeller <[email protected]> Subject: 3 illegal Democratic political signs on Espola rd... Poway CA Jamie,
I understand the complaint against me with the UNHELD Recall Vaus signs at a Friday Jan 28th rally was called in around 4:08pm and your city response time was around 4:15pm with the threat of on site sign confiscation from the City Planner. This swift response and action hasn’t been seen with the continuous UNHELD sign complaints with 10am Sunday Republican Rallies on the corner of Twin Peaks and Pomerado rd.
This is selective enforcement, silencing of political freedom of speech and unequal protection is on full display with the City of Poway’s political Bias.
Do you have this political committee registered in your binder to contact them about the violation in order to educate?
Is this Chris Larson for Judge committees first offense? If not can you tell me how many they have?
Will you hold them for 15 days? 30days? 90days?
How much of a fine cost is there for your labor in picking these three signs up and time of education plus administrative time?
How do you contact the property owner to verify permission since one or two could be on private property? What if the property is being rented? Who then has the decision making power? The renter or the property owner?
Thank you in advance for your clarification.
Torrey Powers
Sent from my iPhone