M EMQRAN DLJ M City of Poway
ADDITIONAL MATERIALS
(Agenda Related Writings/Documents provided to City Council or Staff after distribution of the Agenda Packet for the June 6, 2023 Council Meeting)
DATE:
TO:
FROM:
CONTACT:
June 6, 2023
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk WO
(858) 668-4535 or cgallagher@poway .org
SUBJECT: Item 15 - Discussion and Possible Action to Fill City Council Vacancy Attached please find correspondence received after the agenda posting deadline.
Reviewed/Approved By:
Wendy!< erman
Assistant City Manager
1 of30
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch@b
City Manager
June 6, 2023, Item #15
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To:
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Date:
Alison Bell
Chris Hazeltine: Brian Pepin: Steve Vaus; Caylin Frank; Citv....Clerk Lifetime & D2
Thursday, June 1, 2023 4:00:23 PM
EXTERNAL EMAIL
Dear Everyone ,
I am sure you are aware that Councilman Pepin played a key role in the mess between the local businesses and the McNamara/Santistevan team. Brian, I am sure your intention may not have been to be part of setting up these businesses to be used ,financially harmed and have contracts broken etc. However, that is what clearly has occurred.
This is backed up with detailed document ation. I have read all the documentation. This is definitely real.
Kevin McNamara has made it clear to the press and residents that Lifetime will be submitting their proposal in the fall.
I purposely did not name Council Pepin when I spoke in the council meeting. As I felt it was up to him to disclose his relationship with Santistevan and his role.
I respectfully ask that WHEN the Lifetime Proposal comes that Councilman Pepin recuse himself from the vote based on his involvement.
Typically municipalities are not involved between businesses and their contracts. However , due to Brian's role, unfortunately the city is involved by default.
D2SEAT :
I respectfully ask that the council not take the route of placing a replacement for Barry Leonard. I ask that the democratic process of special election be chosen.
Per a council persons statement, a special election will not happen due to the cost/a budget issue.
This is why I submitted a letter via email to the City Manager and City Clerk to be given to the BRC. However, members never received my email. I was informed my email wasn't passed to the BRC because a special election wasn't a budget issue. So you can see my confusion. Is it a budget issue or isn't it? In other cities a special election is apart of the role of a BRC member; in terms of budgeting and financial evaluation of one. Is that different here? If so, who makes that fiscal decision and do they provide the budget information justifying that decision to the public? Thank you,
Alison Park
Sent from my iPhone
2 of30 June 6, 2023, Item #15
From:
To:
Subject:
Date:
[email protected]
~ ; Steve Yaus: Brian Pepin: Peter De Hoff: Caylin Frank Jun 6 2023 City Council Meeting: Item 15, Council Vacancy Monday, June 5, 2023 12:46:22 PM
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EXTERNAL EMAIL
Mayor Vaus, Councilmembers De Hoff, Frank, and Pepin, (cc City Clerk Gallagher,) As you consider how to fill the District 2 City Council seat recently vacated by Council member Leonard, you may be inclined to appoint someone due to cost, expediency, or politics. But you must also consider that none of these are strong reasons to bypass the voters of District 2. We can't suspend democracy simply because it's expensive or inconvenient.
The Board of the Poway Democratic Club strongly urges you to opt to hold a special election to fill the vacant seat. The voters of District 2 deserve the opportunity to put forth their best candidates and ultimately to vote for the one they feel will make the best decisions on their behalf.
Amit Asaravala
President, Poway Democratic Club
3 of30 June 6, 2023, Item #15
From: Carl Browning
Qt¥....Cm To:
Subject: Public Comment on Poway City Council 6/6/2023 Agenda item 15 Monday, June 5, 2023 1:18:10 PM Date:
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To: Carrie Gallagher, City Clerk
Cc: Mayor Steve Vaus
Council Member Peter De Hoff
Council Member Caylin Frank
Council Member Brian Pepin
City Manager Chris Hazeltine
City Council Alan Fenstermacher
I have read the agenda report from Alan Fenstermacher for the June 6, 2023 City Council Meeting Agenda Item 15, and am concerned that council members may wish to appoint someone to fill the seat left vacant by Barry Leonard's departure. I feel very strongly that the residents of Poway District 2 should decide who our next City Council representative should be, rather than allowing the current council members to appoint someone of their choosing. The last time that the council appointed a new member rather than filling the seat by an election was in 2018, prior to completing the transition to electoral districts, and I think we all remember the ill feelings that caused. While it may be acceptable to appoint candidates to at-large positions, I believe it would be tantamount to disenfranchisement of the voters in District 2 to allow the council, the minority of whom reside in District 2, to choose a representative rather than allowing the people to choose their own representative.
The selection of City Council Members must be done in a fair, above board, democratic election. It could be done quite easily, expediently, fairly, and economically by a mail-in ballot sent to all registered voters in District 2 if cost is a major concern. The agenda report states that the County Registrar of Voters estimates that a special election may cost between $175,000 - $300,000. Given that Poway's annual budget (for 2022) was $98,000,000, even the highest estimate would only be 0.3% of our budget, a minuscule cost to guarantee that the residents of District 2 are not denied their constitutional right to elect their representatives in government.
Please do the right thing and allow the residents of District 2 to select their own representative on the City Council as is our right as American Citizens.
Thanks,
Carl Browning
4 of30 June 6, 2023, Item #15
From:
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Cc:
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Date:
EXTERNAL EMAIL
Nick Carruthers
Cil.Y..Qi:rk; Steve Vaus; Brian Pepin: Peter De Hoff; Caylin Frank Barry Leonard
District 2 Council Seat-Item 15 on Tuesday"s agenda
Monday, June 5, 2023 9:08:56 AM
Dear City Clerk and Council (former council) members:
This coming Tuesday, under Item 15, the Council will discuss how to address the District 2 vacancy created by the resignation of Councilor Leonard. This event comes at a critical juncture for the City and it is important that this vacancy be filled via a democratic process rather that by an appointment. Circumventing an election is in essence a crude form of voter suppression. At the last District 2 election, in 2020, there were two candidates, the incumbent, Mr. Leonard and a challenger Mr. Factor.
Once the ballots were counted Mr. Leonard prevailed with 4,247 votes with Mr. Factor receiving 3,188 votes . Voter turnout for Poway, overall, was 89% clearly demonstrating that the City has engaged and active voters.
An appointment only requires a majority of council members and the Mayor to cast votes in favor of an individual so instead of over 7,000 citizens casting a vote for their chosen candidates we have a situation with only 3 people needed to appoint an individual to fill the open position. This is not a democratic process and may well be viewed as a cynical approach to maintain business as usual rather than respect the wishes of the electorate.
An outcome of the Council's previous use of the appointment process is that the appointees have in effect accepted a poisoned chalice and end up subject to both direct criticism and a topic for social media comments. One should consider the remarks from Mr. Leonard at his final council meeting where he noted, ill-informed malcontents posting on social media. The appointment process will only compound this situation which appears driven by parsimonious and opaque communication from council members and my personal view is that the "malcontents" are quite simply concerned citizens.
Some final comments: (San Diego Union Tribune , February 19th 2023) From the Mayor of Chula Vista, Mayor John Mccann served on the City Council when all three appointments took place. Each time, "there have been concerns about transparency and fairness of the process," he said. "The best vetting process is an election," he added. "The lesson I've learned is that elections are better than appointments."
From the League of Women Voters: (referring to the Chula Vista case): "The League of Women Voters supports choosing officials by a vote of the people," League President Kim Knox said in an emailed statement.
Best regards, Nick
5 of30 June 6, 2023, Item #15
Nicholas Carruthers Ph.D
E-mail: nicarruth@gmail com
Mob ile: {858)-366 -5037
6 of30 June 6, 2023, Item #15
From:
To:
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Date:
Catherine CATRAMBONE
~ ; Steve vaus; Peter De Hoff: Caylin Frank; Brian Pepin Item 15
Monday, June 5, 2023 8:07:11 AM
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• City Clerk, Mayor Vaus, Councilmember De Hoff, Councilmember Frank, Councilmember Pepin
The only way to.fW the District 2 Council seal is through a special election Democracy is priceless , cost of election is not a reason. 7 of30 June 6, 2023, Item #15
From: Alexander Chucholowski
To:
Subject:
CitY....C[erk; Steve Yaus: Peter De Hoff: cavun Frank: Brian Pepin Item 15 - Poway City Council Vacancy - June 6 meeting
Monday, June 5, 2023 12:25:32 PM Date:
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Dear City Clerk, Mayor Vaus, Council-member de Hoff, Council-member Frank and Council-member Pepin,
Regarding the resignation of Councilmember Leonard and the upcoming deliberations by the Poway City Council on how to fill this vacancy, I would like to express my opinion:
The only fair and democratic option is to let the residents in District 2 decide who should succeed Berry Leonard. Put it to the people. HOLD A SPECIAL ELECTION.
Thank you for your consideration.
Sincerely,
Alexander Chucholowski
12937 Camino del Valle
Poway District 2 resident
8 of30 June 6, 2023, Item #15
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Chris Cruse
.ci.tY..Qed<: Steve vaus: Peter De Hoff; cavli □ Frank: Brian Pepin Chris cruse
6/6/23 council meeting, item #15
Monday, June 5, 2023 11:02:35 AM
EXTERNAL EMAIL
Hello Council Members,
Due to the resignation of Barry Leonard, the council must decide how to fill the vacant council seat in D2. Please chose a special election and let the people ofD2 decide who should represent them on the council. Their voices will be diminished by an appointment.
Sincerely,
Chris Cruse, Poway resident
9 of30 June 6, 2023, Item #15
From: chemandezsd
To:
Subject:
~ ; Steve 1/aus: Peter De Hoff: Cay!in frank: Brian Pepin Item 15 - Poway City Council Vacancy - June 6 meeting
Monday, June 5, 2023 11:45:57 AM Date:
Importance: High
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EXTERNAL EMAIL
Dear City Clerk, Mayor Vau5, Councilmember de Hoff, Councilmember Frank and Councilmember Pepin,
Regarding the resignation of Council member Leonard and the upcoming deliberations by the Poway City Council on how to fill this vacancy, I would like to express my opinion .
I feel that the only acceptable option is the fair and democratic method. Put it to the people.
Let the citizens of District 2 decide. HOLD A SPECIAL ELECTION.
Thank you for your consideration .
Carla J. Hernandez
12937 Camino del Valle
Poway District 2 Resident
10 of 30 June 6, 2023, Item #15
From:
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J.Ql1..l::loo
Qttl!m
item 15
Monday, June 5, 2023 6:54:26 AM
I You don't often get email from [email protected]. I Parn why this is important 8XTJ:::R"NAL EMAIL
My Name is Joyce Heyn. I live in Poway. I feel the only way to replace council seat 2 is by election.
11 of 30 June 6, 2023, Item #15
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Nancy Jalatv
Ql;y_Qm ; Steve vaus: Peter De Hoff: cavlin Frank: Brian Pepin City Council Mtg June 6. Item 15 Comment
Monday, June 5, 2023 9:45:28 AM
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The only way to handle the vacancy in District 2 is by a special election.
Nancy & Gary Jalaty
Sent from Yahoo Mail for iPad
12 of 30 June 6, 2023, Item #15
From:
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Date:
jana johnson
~ ; Steve vaus; Peter De Hoff: cavnn Frank: Brian Pepin Agenda Item 15
Monday, June 5, 2023 2:06:50 PM
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Dear Mayor Vaus, Councilmember De Hoff, Councilmember Frank, and Councilmember Pepin, The process for filling the open District 2 vacancy will be discussed tomorrow at the City Council meeting : Agenda Item 15.
There were approximately 8,000 voters in the 2020 D2 election, and voter participation was extremely high. The residents of District 2 obviously care greatly about who they want to represent them.
If Council decides to appoint, it is key to understand that 3 of the 4 people making such a decision have NO DIRECT LINK to D2 citizens-we did not elect Mr. De Hoff, Ms. Frank, or Mr.
Pepin. Thus, we do not have representation on Council to make this decision for us.
And as can be seen with the current discourse on the Life Time issue, many D2 residents are extremely unhappy with the direction Council seems to be taking. It is obvious our previous councilman and Council have not kept up with the interests, concerns, and culture of our changing district.
We teach our youth that the best form of government is one that we the people elect. We teach honesty, fairness, and responsibility to others.
Please respect our common value system . Decide to follow a democratic process - a public election.
Jana Johnson
District 2 Resident
[email protected]: janap@hojofamily,com
13 of 30 June 6, 2023, Item #15
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Attachments:
~
~
Comment on June 6 Item #15
Friday, June 2, 2023 9:17:47 AM
2023-06-02 Poway City Council Vacancy.pdf
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Good Morning,
Attached is a comment on Item #15 of the June 6, 2023 city council agenda.
Kim Knox (she/her)
President, League of Women Voters of San Diego
www.lwvsandiego.org
14 of30 June 6, 2023, Item #15
I ~ 1EAGUE OF WOMEN VOTERS.
L . OF SAN .JIEGO
7710 Balboa Avenue , Suite 224D
San Diego , California 92111
June 2, 2023
Poway City Council
13325 Civic Center Drive
Poway, CA 92064
via email to [email protected]
RE: June 6 City Council meeting item #15
Dear MayorVaus and Councilmembers De Hoff, Frank, and Pepin, The League of Women Voters supports filling a vacancy through an elective process whenever possible. This is consistent with a fundamental value of democracy, which the League strongly supports, that voters should have the final say on who should represent them. A special election should be held to elect the next council member for District 2.
In order to maximize participation in the special election, we respectfully ask that the City allocate adequate funding for publicity.
The League of Women Voters is available to facilitate candidate forums, if requested.
Sincerely,
Kim Knox
President
League of Women Voters of San Diego
~ [email protected] □ LWVSANDIEGO.ORG ~ (858) 483-8696 From:
To:
Subject:
Date:
Sandra Kuusjnen
w..Qerk ; Steve Vaus: peter De Hoff: Caylin Frank: Brian Pepin Item 15
Monday, June 5, 2023 8:50:01 AM
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I prefer a special election to fill District 2 Council seat.
Sincerely,
Sandra Kuusinen
13314 Carriage Heights Cir, Poway, CA 92064
16 of 30 June 6, 2023, Item #15
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Date:
Peter Neild
~ ; Steve Vaus: Brian Pepin
City Council vacant seat et al.
Monday, June 5, 2023 12:57:35 PM
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While neither of these two aspects directly involve D 1. I think that even though a minority of my neighbors are also not directly affected. It would be good and in line with my desire to have a City Government that "listens". THAT:
1. We put the filling of the Vacated city council seat for D2 on the ballot.
2. We have another vote regarding Prop P and the Farm.
Also, I have Jury Duty, so I hope that I can make it home in time to make it to the meeting.
I would like to speak to an additional item during public comment - specifically an idea about SB1439.
17 of 30 June 6, 2023, Item #15
From:
To:
Pete Babich
Carrie Gallagher
Subject: Fwd: Filling Council Vacancies
Wednesday, May 31, 2023 2:43:41 PM Date:
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Dear Ms. Gallager,
Would you please attach my below message to the June 6 council meeting, agenda item 15.
Thanks,
Pete
---------- Original Message ----------
From: Pete Babich <[email protected]>
To: Steve Vaus <[email protected]>, Barry Leonard <[email protected]>, Caylin Frank <[email protected]>, Peter De Hoff <[email protected]>, Brian Pepin <[email protected]>
Cc: Chris Hazeltine <[email protected]>, Wendy Kaserman <[email protected]>
Date: May 10, 2023 at 3 :22 PM
Subject: Filling Council Vacancies
Poway Mayor and Councilmembers,
Councilmember Leonard's announcement that he will be resigning his position sets up the situation I dislike most about Poway politics. Historically, the council has put their thumb on the scale of democracy by filling vacancies by appointment instead of a special election. This means as few as three people get to select who will fill the seat. Of course, once the person is in the seat, they now 'have the power of incumbency.
The argument against special elections has always been "it costs too much." While cost must always be considered, elections are a "cost of doing business" in a democracy! Now that we have council districts, the cost would be one-quarter of a citywide election. If a special election is mail ballot only, the costs would be even further reduced. I think we have enough money in our reserve fund to cover the cost of a special election.
The County Supervisors have given us examples of preserving democracy when vacancies occur. The first case is when Sheriff Gore retired. The Supervisors appointed an Interim Sheriff who was not a candidate for the position of Sheriff.
As a result, nobody running for Sheriff had a head start in the election for a full term. The second case is with the recent resignation of Nathan Fletcher. With over 18 of 30 June 6, 2023, Item #15
a year left in his term, they chose to fill the seat with a Special Election. The winner of the election will now be selected by the voters in the district and not as few as three Supervisors.
I know vacancies can be viewed as a Golden Ticket to sitting council members, but I urge you to resist that impulse. Please protect democracy by filling the vacancy via special election. If you must appoint an interim council member, please only accept applications from people who affirm that they will not run for the position in 2024. Yes, I know people change their minds (lie), but at least it will be visible to everyone.
My preference is to conduct a special election. Let interested people work to get approval of voters in the district and not work behind the scenes to get approval of three councilmembers.
Best regards,
Pete Babich
15997 Grey Stone Rd, Poway
858-212-9191
19 of 30 June 6, 2023, Item #15
From:
To:
Subject:
Date:
Anna Quint
~ ; steve Vaus; Brian Pepin: peter De Hoff: Caylin Frank 6/6/23 Council Meeting, Item #15
Monday, June 5, 2023 12:30:37 PM
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EXTE RJ AL - iVli\ lL
Hello Council Members:
Due to the resignation of Barry Leonard, the council must decide how to fill the vacant council seat in D2. Please call
for a special election and allow the people of D2 to choose who will represent them on the council. Please do not take this vital process away from the Poway residents .
Sincerely ,
Anna Quint
Poway resident
Sent from my iPhone
20 of 30 June 6, 2023, Item #15
From:
To:
Subject:
Date:
Linda Roleson
Caylin Frank
Item 15, Poway City Council District 2,
Monday, June 5, 2023 1:54:49 PM
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EXTERNAL EMAIL
Dear Councilmember Frank ,
Poway is part of the Democracy of the United States , where voters choose their government representatives. I am in full support of a special election to fill the vacated City Council seat in District 2.
Poway resident ,
Linda Roleson
21 of 30 June 6, 2023, Item #15
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PATRICIA ROWEAN
Steve \Jaus; ~
District 2 Replacement
Monday, June 5, 2023 9:24:25 AM
EXTERNAL EMAIL
We have been residents of Poway for 50 years, living on the old StoneRidge Golf Course . We have been very disappointed with Bob Manus as well as the City Council for what you have approved regarding The Farm! We feel that we as longtime residents believe that the replacement for Barry Leonard should be by a vote of the people in District 2 and not by the City Council which has happened several times in the past. We frankly are sick and tired of the good old boy mentality that is affecting our quality of life. Therefore we strongly believe a special election should be held for his replacement.
Pat and Don Rowean
13540 Cloudcroft Court
Poway, CA 92064
858-485-0754
22 of30 June 6, 2023, Item #15
From:
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Date:
Debbie Schneider
Steve vaus
Need to vote for District 2 City Council seat in a special election Monday, June 5, 2023 10:17:34 AM
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As a Citizen my vote counts so please allow a special election to allow voters to vote for the District 2 Council seat.
Deborah Schneider
14021 Frame Rd Poway CA
23 of 30 June 6, 2023, Item #15
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ptrivinol@cox net
~ ; Steve Vaus: Peter De Hoff: Caylin Frank; Brian Pepin Item 15 Special Election
Monday, June 5, 2023 2:59:29 PM
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EXTERNAL EMAIL
I wish to register my opinion that Poway must hold a special election to replace Mr. Leonar on the City Council
Paul Trivino
Ptrivinol @cox net
24 of 30 June 6, 2023, Item #15
From:
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Christine Vickers
~ ; Steve Vaus: Peter De Hoff: cavlin Frank; Brian Pepin Re: June 6, 2023 Council Meeting, Item # 15 D2 City Council Seat Monday, June 5, 2023 12:25:46 PM
EXT l~RNAL El'vlAIL
Poway City Council Members,
With the recent vacancy of D2 City Council, please opt for filling the vacant council seat in a special election, I would like to elect our own representative to the D2 District in Poway.
Regards,
Christine Vickers
Poway D2 District Resident
25 of 30 June 6, 2023, Item #15
From:
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Date:
Marion Von Ehrenstein-Smith
~ ; Steve Vaus: Peter De Hoff; CayHn frank: Brian Pepin Item 15
Monday, June 5, 2023 7:49:21 AM
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EXTERNAL EMAIL
To whom it may concern:
This is an urgent request that a special election must be held to fill the District 2 Council seat! Marion von Ehrenstein-Smith
26 of30 June 6, 2023, Item #15
From:
To:
Subject:
Date:
Janet warren
~ ; Steve vaus: Peter De Hoff: cavlin Frank: Brian Pepin; Janet Warren Poway City Council Meeting 6/6/23 - Item 15 - District 2 Council Seat Monday, June 5, 2023 12:45:19 PM
EX l'UU-./ L EMf\ lL
To: City Clerk of Poway, Mayor Vaus, & Councilmembers Dehoff, Frank, & Pepin Our household has 3 District 2 voters who believe a special election should be held to determine best candidate to fill seat recently vacated by Council Member Barry Leonard.
Thank you,
Janet Warren
Warren Household
27 of 30 June 6, 2023, Item #15
From:
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Cc:
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MICHELE WIELD
~
Peter De Hoff; Brian Pepin; Caylin Frank
D2 Vacancy
Monday, June 5, 2023 2:01:17 PM
I
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Poway's appointment process takes away the voice and freedom of the people.
A special election is necessary to preserve our rights.
Michele Wield
28 of30 June 6, 2023, Item #15
From:
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~
~ = Peter De Hoff: Brian Pepin: cavlin Frank; Steve Vaus [email protected]
6/6/23 council meeting, item # 15
Monday, June 5, 2023 2:40:39 PM
F.xr f:: RNI\L b vlA IL
Council Members,
Due to the resignation of Barry Leonard, the council must decide how to fill the vacant council seat in D2. Please chose a special election and let the people of D2 decide who should represent them on the council.
Please do not do any more appointments to the council. The voices in D2 need to be heard! D2 needs a special election for Barry Leonard's seat!
Sincerely,
Sandra and Bob Casey
Sent from my T-Mobile 5G Device
29 of 30 June 6, 2023, Item #15
From:
To:
Subject:
Date:
Claire Weiner
Cirx:..C!erK
Special election
Friday, June 2, 2023 6:09:05 PM
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EXTERNAL EMAIL
I stongly support an election for a seat on the council vacated by a resignation or for any other reason. A vacancy should be filled by the residents of that district, not by the fewer council members who are not representing that district.
Sincerely,
Claire Weiner
Stoney Acres Rd.
Sent from my iPad
30 of 30 June 6, 2023, Item #15