AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
August 15, 2023
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
(858) 668-4535 or cgallagher@poi¼ay.org
CITY COUNCIL
SUBJECT: Approval of the June 6, 2023 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• June 6, 2023 Regular City Council Meeting Minutes
The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.
Recommended Action:
It is recommended the City Council approve the June 6, 2023 Regular City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A. June 6, 2023 Regular City Council Meeting Minutes
Reviewed/Approved By:
'lJ ~ ~ Wendy serman
Assistant City Manager
1 of 8
Reviewed By:
Alan Fenstermacher
City Attorney City Manager
August 15, 2023, Item #2
NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting .
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
June 6, 2023
City Council Chambers
13325 Civic Center Drive, Poway, California
(Per Government Code 54953)
(Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency)
CALL TO ORDER
Mayor Vaus called the Regular Meeting to order at 7:00 p.m.
ROLL CALL
Present: Brian Pepin, Caylin Frank, Peter De Hoff, Steve Vaus
STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Bob Manis; Interim Director of Finance Tim McDermott; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Jeff Chumbley ; Captain Nancy Blanco, Sheriff's Department. (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.)
PLEDGE OF ALLEGIANCE
Councilmember Frank led the Pledge of Allegiance.
MOMENT OF SILENCE
Mayor Vaus led a moment of silence.
PRESENTATIONS
None.
PUBLIC COMMENT
Rachelle Babier, parent advocate, shared details regarding a grass roots parent and community driven oversight organization called PUSD Community Watch. 2 of 8 ATTACHMENT A
August 15, 2023, Item #2
City of Poway - Minutes - June 6, 2023
John Desantis , President of the Green Valley Civic Association , spoke in support of a public vote on the Life Time Fitness proposal.
Yuri Bohlen spoke in regard to Bonus Density laws, Regional Housing Needs Assessment, and Measure P.
Jana Johnson, Vice President of Poway Democratic Club, spoke regarding the Farm in Poway Specific Plan, she voiced support of a public vote for the Life Time Fitness proposal .
Peter Neild spoke regarding Senate Bill 1439 and shared concerns over City Council candidate committee campaign donations.
At the request of Mayor Vaus, City Attorney Fenstermacher explained Senate Bill 1439 applies to contributions of more than $250 and stated the new bill likely would not apply in Poway because City Campaign Contribution and Expenditure rules already prohibit candidates from accepting contributions higher than $250 from a single source. He also stated the bill adopted in 2023 does not apply retroactively.
Alison Park spoke regarding virtual meeting options and in support of a public vote for the Life Time Fitness proposal.
Eric Weller spoke in support of public participation through online City Council meeting accessibility and electronic pre-development notifications.
Kathleen Lippitt requested Council support for Assembly Bill 1207, prohibiting sale and manufacturing of cannabis products through marketing to children .
CONSENT CALENDAR
Motioned by Councilmember Pepin, seconded by Councilmember Frank to approve Consent Calendar Items 1 through 13. Motion carried 4/0 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Pepin, Frank, De Hoff, Vaus
None
None
None
None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the March 21, 2023 Regular City Council Meeting Minutes
3. Award of Agreement to Advanced Electrical Innovations for As-Needed Electrician Services; RFP No. 23-015
4. Engineer's Report and Resolution Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District 83-1 for Fiscal Year 2023-24 and Set Date for Public Hearing
3 of 8
August 15, 2023, Item #2
City of Poway - Minutes - June 6, 2023
5. Engineer's Report and Resolution Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District 86-1 for Fiscal Year 2023-24 and Set Date for Public Hearing
Pete Babich spoke on Item #5 inquiring on the potential of eliminating LMDs.
6. Engineer's Report and Resolution Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District 86-2 for Fiscal Year 2023-24 and Set Date for Public Hearing
7. Engineer's Report and Resolution Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District 86-3 for Fiscal Year 2023-24 and Set Date for Public Hearing
8. Engineer's Report and Resolution Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District 87-1 for Fiscal Year 2023-24 and Set Date for Public Hearing
9. Engineer's Report and Resolution Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District 19-1 for Fiscal Year 2023-24 and Set Date for Public Hearing
10. Engineer's Report and Resolution Declaring the Intention to Levy and Collect Assessments Within Poway Lighting District for Fiscal Year 2023-24 and Set Date for Public Hearing
11. Poway Housing Successor Annual Report Fiscal Year 2021-22 Charles Kaweb voiced support of item #11 and requested consideration of adding affordable public housing.
In response to public comment, Mayor Vaus noted the City is in the process of building affordable housing for developmentally disabled adults and military veterans on Monte Vista Road.
12. Resolution authorizing the acceptance of the 2022 Urban Area Security Initiative Grant Program Funds
13. Memorandum of Understanding between Community Church of Poway and the City of Poway to use the Church as an Emergency Shelter in the Event of an Evacuation
ORDINANCES FOR INTRODUCTION
14. First Reading of Ordinance Establishing Regulations for Camping and Storage of Personal Property in Public Areas (PMC Ch. 8.26)
City Manager's Recommendation: It is recommended the City Council introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for the next Regular City Council meeting.
City Attorney Alan Fenstermacher presented the item. He explained the Ordinance would adopt a new chapter to the Poway Municipal Code (PMC) aimed at giving the Sheriffs 4 of 8
August 15, 2023, Item #2
City of Poway - Minutes - June 6, 2023
Department and the City all possible tools to abate unlawful camping and encampments by establishing regulations pertaining to procedures for abatement, storage of personal property and other remedies. Mr. Fenstermacher provided background information on state and federal laws impacting the scope of regulation on this issue.
Mr. Fenstermacher stated the two basic aspects of the proposed Ordinance are making sure that public parks and the public right of way are clear and available for public use, and that while resources and shelters are offered first to individuals, if not accepted, citations will occur.
He added, with respect to encampments, with proper notice and care of handling of personal property and potential storage, those items can be confiscated by designated City officials and removed from public areas.
Public Comment:
Yuri Bohlen spoke in support of Item #14 and added in addition to shelter, mental health and drug treatment is also need for the homeless.
Jack Edmondson spoke in opposition to Item #14 noting the elimination of single bedroom housing options as a contributing factor to the homeless crisis.
Written comments in support of Item #14 were received from the following:
Tiffany Sherbondy
Cessilie Larsen
Written comments in opposition to Item #14 were received from the following:
Nancie Valkema
End of Public Comment:
Council discussion ensued. Councilmember Pepin explained the ordinance was created in response to community feedback regarding a growing encampment near a local school and thanked City staff for swiftly drafting the new regulations. Council responded positively to the timely execution of the ordinance, the benefits to public safety, and the addition of adding more options for City officials to utilize while addressing the issue.
In response to Council questions, Sheriff Captain Nancy Blanco explained the process of real time communication and engagement with individuals regarding available resources .
Council emphasized having an obligation to ensure public safety and noted offering resources over enforcement is the priority while working to bridge homelessness into permanent supportive housing .
Motioned by Councilmember Pepin, seconded by Councilmember De Hoff to introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for the next Regular City Council meeting. Motion carried unanimously.
5 of 8
August 15, 2023, Item #2
City of Poway - Minutes - June 6, 2023
PUBLIC HEARINGS:
None.
STAFF REPORTS:
15. Discussion and Possible Action to Fill City Council Vacancy City Manager's Recommendation: It is recommended the City Council consider the alternatives available for filling the City Council vacancy and provide direction to staff.
City Attorney Alan Fenstermacher presented the item. He explained under state law, City Council has an obligation to either make an appointment or call a special election following the June 2 resignation of Councilmember Barry Leonard. He stated the law required a decision be made on or before August 1, 2023. Mr. Fenstermacher noted a special election would require staff to bring a resolution , with the election likely to be held in March of 2024 or, Council could choose to make an appointment. Mr. Fenstermacher explained that should the City Council opt to make an appointment ; it could be done with or without an application process.
A sample application and timeline were included with the agenda report.
Public Comment:
The following spoke in support of a District 2 special election:
Pete Babich
Nick Carruthers
Carl Browning
Jana Johnson
Alison Park
Bernadette Simi
Eric Weller
The following spoke in support of a District 2 appointment:
Yuri Bohlen
The following were neutral/supported either option for the District 2 vacancy:
Joe St. Lucas
Bernadette Simi suggested Councilmembers should recuse themselves from voting for a District 2 vacancy appointment due to campaign donations.
The following provided written comment in support of a special election :
Phyllis Collins
Deborah Schneider
Neil Schneider
Ray Jalisi
Heather Jalisi
6 of 8
August 15, 2023, Item #2
Nancy Jalaty
Torrey Powers
Delta Esparza
City of Poway - Minutes - June 6, 2023
End of Public Comment:
Council discussion ensued. Mayor Vaus proposed to amend the draft application to include a pledge stating the applicant would agree not to run for election in 2024. Further discussion included holding a special election to fill the District 2 vacancy if no suitable candidates were found via the application process. Impacts of a special election, including cost and timing of the election date were considered. Councilmembers De Hoff and Pepin cited fiscal responsibility and the importance of seating a council member as soon as possible, in addition to the proposed pledge mitigating the power of incumbency for the appointed individual.
Councilmember Frank noted her preference to fill the seat by special election over an appointment.
Motioned by Mayor Vaus, seconded by Councilmember De Hoff to fill the vacancy and amend the draft application included in the agenda report to include a signed pledge stating the applicant will not run for Poway City Council in November 2024 if appointed, in the event a satisfactory replacement is not willing to make the pledge, the Council will call for a Special Election. Motion carried 3/1 (Frank: No)
WORKSHOPS
None.
COUNCIL-INITIATED ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
16. Appointment of Deputy Mayor for 2023
City Manager's Recommendation: It is recommended the Mayor appoint a Councilmember to serve as Deputy Mayor for the remainder of the current term commencing June 6, 2023.
No speakers .
Motioned by Mayor Vaus, seconded by Councilmember De Hoff for Mayor Vaus to appoint Councilmember Frank to serve as Deputy Mayor for the remainder of the current term commencing June 6, 2023. Motion carried unanimously.
Mayor Vaus announced an upcoming fund raiser to assist the Poway Firefighter's Association with raising funds for The Burn Institute through participation in the Del Mar Fair Firefighter Demolition Derby Day.
Mayor Vaus announced a Special City Council Meeting scheduled for June 13, 2023, and the cancellation of the Regular City Council Meeting scheduled for June 20, 2023. 7 of 8
August 15, 2023, Item #2
City of Poway - Minutes - June 6, 2023
CITY MANAGER ITEMS
None.
CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session) None.
CLOSED SESSION
17. Conference with Legal Counsel - Anticipated Litigation Government Code §54956.9(d)(2) - Two (2) cases
Mayor Vaus recessed the Regular City Council meeting into Closed Session at 8:35 p.m.
ADJOURNMENT
City Attorney Alan Fenstermacher reported no action was taken.
The meeting was adjourned at 9:25 p.m.
8 of 8
Carrie Gallagher, CMC
City Clerk
City of Poway, California
August 15, 2023, Item #2