AG EN DA REPORT City of Poway
DATE:
TO:
FROM:
January 16, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
(858) 668-4535 or [email protected]
CITY COUNCIL
SUBJECT: Approval of the October 3, 2023, October 17, 2023, and November 7, 2023 Regular City Council Meeting Minutes
Summary
The City Council Meeting Minutes submitted hereto for approval are:
• October 3, 2023 Regular City Council Meeting Minut es • October 17, 2023 Regular City Council Meeting Minutes • November 7, 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 October 3, 2023, October 17, 2023, and November 7, 2023 Regular City Council Meeting Mfnutes.
Public Notification:
None.
Attachments:
A. October 3, 2023 Regular City Council Meeting Minutes B. October 17, 2023 Regular City Council Meeting Minutes C. November 7, 2023 Regular City Council Meeting Minutes Reviewed/Approved By:
w~tise~
Assistant Ctty Manager
1 of17
Reviewed By:
Alan Fenstermacher
City Attorney City Manager
January 16, 2024, Item #2
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
October 3, 2023
City Council Chamb ers
13325 Civic Center Drive, Poway, California
(Per Government Code 54953)
(Mee ting Called to Order as c;ty CounciUCity of Poway Planning Commission/Poway Housing Authori ty/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, Peter De Hoff, Anita Edmondson, Caylin Frank, 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; 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, Sheriffs 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 C lerk/Secretary and Director of Finance/Finance Officer.)
PLEDGE OF ALLEGIANCE
Deputy Mayor Frank led the Pledge of Allegiance.
MOMENT OF SILEN CE
Mayor Vaus led a moment of silence.
PRESENTATIONS
None.
2 of17 ATTACHM ENT A January 16, 2024, Item #2
City of Poway - Minutes - October 3, 2023
PUBLIC COMMENT
Lori Grennan, representing Preserve Wild Poway, spoke in support of preserving Meadowbrook Pond.
Jeff Schmidt, representing Preserve Wild Poway, spoke in support of preserving Meadowbrook Pond.
Eric Weller voiced support for scheduling neighborhood meetings with Life Time Fitness representatives and developers to discuss resident concerns.
Mike Leland, representing the Poway Chamber of Commerce, thanked the City of Poway for their Fall Festival Partnership .
Hunter Ames spoke regarding a clogged culvert located on Garden Road and related mosquito mitigation .
In response to speaker Hunter Ames, Mayor Vaus noted the clogged culvert has been detennined to be on private property and added the property owner has been notified and is working with City staff to rectify the situation .
CONSENT CALENDAR
Motioned by Mayor Vaus, seconded by Councilmember Pepin to approve Consent Calendar Items 1 through 4. Motion carried 5/0 by the following roll-call vote:
Ayes: Pepin, De Hoff, Edmondson, Frank, Vaus
Noes: None
Abstained: None
Absent: None
Disqualified: None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the June 13, 2023 Special City Council Meeting Minutes
3. Second Reading and Adoption of Ordinance 862 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 2.28 to Title 2 of the Poway Municipal Code Relating to Electronic and Paperless Filing of Fair Political Practices Commission (FPPC) Campaign and Statement of Economic Interest Disclosure Information"
4. Authorization to Purchase Four (4) Full-Size Cab and Chassis and One (1) Ught-Duty Pickup Truck Utilizing State of California Department of General Services State Contract #1-22-23- 20F, One (1) Rollback Trailer Utilizing Sourcewell Cooperative Purchasing Program Contract #092922-TK I and Appropriation of Funds
Item #4, Mayor Vaus noted a correction to the purchase price for the light duty pickup truck.
ORDINANCES FOR INTRODUCTION
None.
3 of17 January 16, 2024, Item #2
City of Poway - Minutes - October 3, 2023
PUBLIC HEARINGS:
5. Conditional Use Permlt (CUP) 22-0006 and Development Review (DR) 22-0005; a request to develop a drive-through restaurant with outdoor dining located at 12665 Poway Road and a determination that the Project does not require additional CEQA review pursuant ~o CEQA Guidelines 15162
Mayor Vaus opened the Public Hearing at 7:15 p.m.
Associate Planner Shravani Gupta Singavarapu presented the item along with a PowerPoint.
She described the project site as an existing commercial property within the Poway Road Specific Plan (PRSP) noting it to be consistent with development standards and guidelines as previously analyzed in the Environmental Impact Report (EIR) certified by the City Council.
Project location, size, and style were shared.
Ms. Singavarapu stated the applicant proposes to demolish the existing commercial building and replace it with a drive-through restaurant with covered outdoor dining space which will include an entrance from Poway Road and lpai Waaypuk Trail. A separate walkway will provide access from Poway Road to the outdoor dining area to help promote a pedestrian friendly environment. Adequate onsite parking will be provided to comply with City parking standards and a new sidewalk along the west of the lpai Waaypuk Trail will be installed.
Ms. Singavarapu noted a correction to the Agenda Report resolution to include October 3, 2025, as the CUP and DR expiration date.
Public Comment:
Jay Higgins, Applicant, spoke in support of the project.
Tony Allen, representing adjacent business, The House Music & Dance Studio, spoke in support of the project.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:24 p.m.
Council discussion ensued and positive responses were made regarding the proposed improvements for the property, including a new sidewalk, a deep setback, landscaping, plans to remain consistent with the City in the Country design, and the potential for community partnerships. The importance of the Poway Road Specific Plan relating to architectural design standards and criteria for future projects was discussed.
Following Council questioning, Cecilia Lirio, applicant architect discussed outdoor lighting options for the building and the parking area adjacent to the lpai Waaypuk Trail.
Motioned by Deputy Mayor Frank, seconded by Councilmember Edmondson to adopt Resolution No. 23-050 "Approving Conditional Use Permit 22-0006 and Development Review 22-0005 for the Construction of a Drive-Through Restaurant Located at 12665 Poway Road; Assessor Parcel Number: 317-490-1400," and making the determination that the Project does not require additional CEQA review pursuant to CEQA Guidelines 15162. Motion carried unanimously.
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City of Poway - Minutes - October 3, 2023
STAFF REPORTS:
None.
WORKSHOPS
None.
COUNCIL-INITIATED ITEMS
6. Poway Center for the Performing Arts (PCPA) City Council Subcommittee Mayor Vaus presented the item. He explained the need to fill two PCPA Subcommittee vacancies due to recent changes within the City Council.
No Speakers
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to appoint Deputy Mayor Frank and Mayor Vaus serve as the new members of the PCPA Subcommittee. Motion carried unanimously.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS : Pursuant to AB1234 - (G.C. 53232(d))
Councilmember Pepin thanked the Poway Chamber of Commerce for hosting the 2023 Poway Fall Festiv.al event and commented positively on his experience at the Poway Rodeo.
Councilmember De Hoff recognized the City of Poway IT Department for their 2023 Municipal Information Systems Association of California (MISAC) Award for Achievement in Information Technology Practices. Mr. De Hoff also commented positively on his experience at the Poway Rodeo.
Councilmember Edmondson echoed earlier comments regarding the Poway Fall Festival and the Poway Rodeo, she thanked City staff and community volunteers for contributing to the events' success.
Deputy Mayor Frank echoed earlier comments regarding the Poway Fall Festival and the Poway Rodeo, she discussed how the events were successful in bringing visitors from all over the San Diego County to Poway. Serving as alternate to SANDAG Regional Assignment, Ms. Frank provided an update regarding the removal of the Road User Charge (mileage tax) from SANDAG's 2025 Regional Plan.
Mayor Vaus commented positively on the Poway Fall Festival and Poway Rodeo, he recognized local businesses by name for event sponsorship and thanked them for their involvement with the community.
CITY MANAGER ITEMS
None.
5 of17 January 16, 2024, Item #2
City of Poway - Minutes - October 3, 2023
CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session) None.
CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned at 7:40 p.m.
6 of17
Carrie Gallagher , CMC
City Clerk
City of Poway, California
January 16, 2024, Item #2
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
October 17, 2023
City Council Chambers
13325 Civic Center Drive, Poway, California
(Per Govemrnent 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, Peter De Hoff, Anita Edmondson, Caylin Frank, 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; Director of Finance Judy Tran; 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, Sheriffs 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
Deputy Mayor Frank led the Pledge of Allegiance.
MOMENT OF SILENCE
Mayor Vaus, in response to resident correspondence, provided a brief explanation for holding a Moment of Silence during Council Meetings.
Mayor Vaus led a moment of silence in recognition of those families impacted by the conflict in Israel.
PRESENTATI ONS
Friends of Poway Seniors
7 of17 ATTACHMENT B January 16, 2024, Item #2
City of P9way -Min utes - October 17, 2023
PUBLIC COMMENT
Jeff Schmidt, representing PreseNe Wild Poway, spoke in support of Meadowbrook Pond preseNation .
Nick Carruthers requested correspondence and other public documents related to the Life Time Fitness proposal be made available to the public via the City website.
Farrah Mazhari, representing the Poway Branch Library, shared information on the library's child and adult program offerings and upcoming special events.
Tony Blain spoke in support of Poway trail maintenance and signage improvements.
Darcy Kaushagan requested violation enforcement action pertaining to S89, the California Housing Opportunity and More Efficiency (HOME) Acl
CONSENT CALENDAR
Motioned by Councilmember De Hoff, seconded by Mayor Vaus to approve Consent Calendar Items 1 through 5. Motion carried 5/0 by the following roll-call vote:
Ayes:
Noes:
Pepin, De Hoff, Edmondson, Frank, Vaus
None
Abstained: None
Absent: None
Disqualified: None
1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the July 18, 2023, and August 1, 2023 Regular City Council Meeting Minutes
3. Adoption of the 2024 City Council Meeting Calendar
4. Approval of Consultant Agreement with Project Design Consultants for the Community Park Concrete Ribbon Drain Project, RFP No. 24-003
5. Acceptance of the Booster Pump Replacement, Bid No. 22-001 with Blue Pacific ngineering Construction1 Inc. as Complete
ORDINANCES FOR INTRODUCTION
None.
PUBLIC HEARINGS:
6. Conditional Use Permit (CUP) 23-0002, a request to establish a 16,000 square foot fitness center within an existing vacant commercial building tenant space located at 12342 Poway Road and a determination that the Project is exempt from CEQA review pursuant to CEQA Guidelines section 15301
Mayor Vaus opened the Public Hearing at 7:21 p,rn.
8 of 17 January 16, 2024, Item #2
City of Poway - Minutes - October 17, 2023
Senior Planner Hector Salgado presented the item along with a PowerPoint. He described the project site as an existing commercial property located within the Commercial General (CG) land use designation of the Poway Road Specific Plan (PRSP}, and the subject tenant space within the Poway Town Center commercial shopping center. He explained large fitness centers greater than 2,000 square feet are permitted with the approval of a Conditional Use Permit (CUP}.
Mr. Salgado shared the proposed fitness center hours and noted the business will operate entirely within the building. He added the site contains adequate parking to support its proposed use and is separated from the adjacent residences to the north by a significant grade difference. Mr. Salgado explained several site improvements the applicant has agreed to complete.
Public Comment:
None.
End of Public Comment .
Mayor Vaus closed the Public Hearing at 7:25 p.m.
Additional Material comment slip submitted by a Poway resident voicing opposition to the proposed use was read into the record by Mayor Vaus.
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 23-051 "Approving Conditional Use Permit 23-0002 to establish a 16,000 square foot fitness center in a commercial tenant space located at 12342 Poway Road; Assessor Parcel Number: 317-153-21-00," and making the determination the Project is exempt from CEQA review pursuant to CEQA Guidelines section 15301. Motion carried unanimously.
STAFF REPORTS:
7. Midland Road Safety Improvements
City Engineer Tracy Beach presented the item along with a PowerPoint. She stated the Traffic Safety Committee (TSC) met with Midland Road residents in May 2023, providing the public an opportunity to express their concerns regarding Midland Road. Staff found many of the concerns were focused on the stretch of Midland Road between Norwalk Street to Putney Road. Staff worked with the City's traffic engineering consultant to consider various options for improving pedestrian safety along Midland Road. The TSC met again in August to share findings, review, and discuss recommendations for improvements.
Ms. Beach stated signage improvements are being proposed as a traffic calming measure to improve safety for those crossing the Midland Road and Norwalk Street intersection. All existing warning signs would be replaced with fluorescent yellow/green signs, a push button activated rectangular rapid flashing beacon at each end of the designated crosswalk would be installed in addition to installing an advanced n otification fluorescent yellow/green pedestrian crossing signs in both north and south directions of Midland Road. 9 of 17 January 16, 2024, Item #2
City of Poway- Minutes -October 17, 2023
Ms. Beach continued with proposed improvements from Vian Road to Adrian Street which include replacing existing warning signs on Midland Road with fluorescent yellow/green signs and replacing stop signs at each stop-cqntrolled intersection with new stop signs equipped with solar power LED flashing beacons. Push button activated rectangular rapid flashing beacon pedestrian warning signs would be installed at the uncontrolled intersection of Midland Road and Adrian Street. The other two points of the intersection would have push buttons with flashing pedestrian warning signs.
Ms. Beach then described proposed improvements at Midland Road between Temple Street and Edgemoor Street including replacing existing warning signs with fluorescent yellow/green signs and replacing existing stop signs at each stop-controlled intersection with new stop signs equipped with solar power LED flashing beacons. An LED flashing Stop Ahead warning sign for the northbound section and a new School Ahead 25 Mile Per Hour warning sign mid-block between Temple and Edgemoor Street are being proposed. In addition, new pedestrian crossing warning signs are recommended at the intersection of Edgemoor Street and Midland Road.
Ms. Beach then described proposed improvements along Poinsettia Drive to Putney Road to include extending the Midland Elementary School Zone approximately 470 feet further south along Midland Road and relocating the 35 mile per hour speed limit sign near the intersection of Scots Way. A solar power LED vehicle speed feedback sign is proposed to be installed on Midland Road between Janette Lane and Somerset Road facing vehicles traveling in the northbound direction towards Midland Elementary School. Also proposed are new fluorescent yellow/green warning signs and additional enforcement for speed related issues by the Sheriff Department.
Ms. Beach addressed resident feedback by noting speed limits are set based on the 85th percentile speed, meaning, a maximum speed that 85 out of 100 people will not exceed.
Speed survey data was collected in 2019 to establish speed limits along Midland Road. Staff also collected speed and count data in April and May of t~is year and determined the 2019 and the 2023 data support the current speed limits. Ms. Beach concluded by stating, with input from the Fire Department and Poway Unified School District, the Committee, could not support the installation of speed humps on Midland Road, determining they are problematic and not typically installed on collector streets or primary routes for emergency vehicles. Ms. Beach stated the Fire Department and Poway Unified School District expressed specific concerns over speed humps, including: slowing down emergency response times; and safety considerations for school buses driving over speed humps, noting the additional jarring movements could cause injuries to special 11eeds students.
Public Comment:
Carole Martin speaking on behalf of John Barton of Park Meadows HOA shared concerns for resident safety along Midland Road and spoke in support of speed cushions as a traffic calming measure.
Tony Blain spoke in support of inteNention measures to slow traffic along Midland Road.
End of Public Comment.
Council discussion ensued.
10 of 17 January 16, 2024, Item #2
City of Poway- Minutes - October 17, 2023
At the request of Mayor Vaus, Captain Nancy Blanco provided a brief update on findings from a fatal incident along Midland Road noting speed was not a factor in the collision.
Mayor Vaus discussed Assembly Bill 43 giving new hope to local jurisdictions after June 2024 by providing them more ability to reduce speed limits in residential and business zones.
Deputy Mayor Frank proposed an amendment to the motion to direct the City Manager to bring this matter back to the City Council one year from installation to evaluate its effectiveness.
Council responded positively to the recommended traffic safety and calming measures , including signage, lighting and visibility improvements .
A friendly amendment to the recommended motion proposed by Councilmember De Hoff died due to lack of a second. Council voiced a desire to monitor staff proposed improvements for one year after installation prior to recommending additional changes.
Responding to Council questions, Traffic Engineering Consultant Jon Collins of Kimley-Horn confirmed the ineffectiveness of installing speed humps on non-residential or collector streets.
Council responded favorably to Director of Development Services Bob Manis' suggestion to include the addition of pedestrian crossing warning signs at the intersection of Temple Street and Midland Road and included the additional warning sign option into their motion.
Motioned by Deputy Mayor Frank, seconded by Councilmember Edmondson to 1) approve the proposed safety improvements on Midland Road; 2) authorize the City Manager to allow the expenditure of funds from the Motorist Services Program Account (STR0002) to install new signs estimated at $156,000.00; 3) appropriate additional funds in the amount of $14,528.40 from the Excess Safe Reserve Fund (2840) available fund balance to the Motorist Services Program Account; 4) authorize the City Manager to execute the necessary documents for the installation of the safety improvements; and amended to include the addition of the following safety improvements: 5) pedestrian crossing warning signs at the northeast and southwest corners of the intersection of Temple Street with Midland Road; and 6) to direct the City Manager to bring this matter back to the City Council one year from installation of the safety improvements to evaluate their effectiveness. Motion carried unanimously.
WORKSHOPS
None.
COUNCIL-INITIATED ITEMS
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
Councilmember Pepin shared having attended the Poway Annual Fire Department Open House and thanked Fire Department personnel for hosting the event. 11 of 17 January 16, 2024, Item #2
City of Poway- Minutes - October 17, 2023
Councilmember De Hoff noted his attendance at the Poway Annual Fire Department Open House and thanked Fire Department personnel. He provided a Regronal Solid Waste Association (RSWA) meeting update including discussions related to Organic Waste Reduction SB-1383 trash and recycling collection program.
Councilmember Edmondson thanked the Fire Department for hosting their Annual Open House and shared traffic and pedestrian safety measures in place for the event.
Deputy Mayor Frank echoed earlier Council• comments regarding the Poway Annual Fire Department Open House. Ms. Frank encouraged residents to attend and volunteer for the upcoming "Once Upon a Hallowe'en" event, hosted by the Community Services Department at Old Poway Park on October 28th.
Mayor Vaus also echoed earlier Council comments regarding the Poway Annual Fire Department Open House, he recognized the upcoming 20th anniversary of the Cedar Fire and thanked City Firefighters for their service. Mr. Vaus noted having attended a San Diego Association of Governors (SAN DAG) meeting and provided an update on the recruitment process for the soon to be vacant Executive Director position, expected by July of 2024.
CITY MANAGER ITEMS
City Manager Hazeltine introduced City Planner, Stan Donn and welcomed him to the City of Poway.
CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session} None.
CLOSED SESSION
8. 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 8:16 p_m.
ADJOURNMENT
City Attorney Alan Fenstermacher stated no reportable action was taken.
The meeting was adjourned at 9:25 p.m.
12 of 17
Carrie Gallagher, CMC
City Clerk
City of Poway, California
January 16, 2024, Item #2
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
Novemb er 7, 2023
City Council Chambers
13325 Civic Center Driv e, Poway , Californi a
(Per Government Code 54953)
(Mee ting 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, Peter De Hoff, Anita Edmondson, Caylin Frank, 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; Director of Finance Judy Tran; 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, Sheriffs 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 MayorN ice 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
Girl Scout Troop 2050 from Painted Rock Elementary School led the Pledge of Allegiance.
MOMENT OF SILENCE
Mayor Vaus led a moment of silence.
PRESENTATIONS
Firewise USA Presentation
Safe Poway Program Update
First Responder CPR Save Recognition
13 of 17 ATTACHMENT C January 16, 2024, Item #2
City of Poway - Minutes - November 7, 2023
PUBLIC COMMENT
James Voss spoke regarding traffic and safety related concerns pertaining to Candy Cane Lane.
Ray Jalisi spoke regarding residential nof se concerns related to The Farm development.
Heather Jalisi spoke regarding mitigation effort.s and noise related concerns at The Farm development.
Mike M. spoke regarding concerns of po/Wcal corruption within the City of Vista.
CONSENT CALENDAR
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to approve Consent Calendar Items 1 and 3 through 5. Motion carried 5/0 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Pepin , De Hoff, Edmondson , Frank , Vaus
None
None
None
None
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to approve Consent Calendar Item 2. Motion carried 4/0/1 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
De Hoff, Edmondson, Frank, Vaus
Pepin
None
None
None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Award of Consultant Agreement to NBS Government Finance Group for Landscape Maintenance Districts Assessment and Re-Engineering Services and Appropriation of Funds to 400060"4 1200
3. Acceptance of the FY2021-22 Annual Trash Capture Program with United Storm Water, Inc., as Complete
4. Authorization to Purchase One (1) Medium-Duty Service Truck Utilizing State of California Department of General Services State Contract #1-22-23-20F, Two (2) Dump Truck Bodies by Open Market Competitive Bid and Appropriation of Funds
5. Summary Vacation of a Portion of an Easement Reservation (VAC23-0006) at Assessor Parcel Numbers 277-172-01, 277-172-05 and 277-172-07
6. Salary Range Adjustments for the Water Treatment Plant Manager and Assistant Director of Public Works for Utilities
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ORDINANCES FOR INTRODUCTION
None.
PUBLIC HEARINGS:
7. FY2024-2025 Community Development Block Grant Program Mayor Vaus opened the Public Hearing at 7:33 p.m.
Senior Management Analyst Marie Sanders presented the item. She explained federal• grant funding for the program is administered by the County of San Diego and Poway's share is anticipated to be $221,078 for Fiscal Year 2024-25. Council approval is required to apply for these funds which include programs previously funded including Poway's share of the North County Bridge to Housing Shelter System, 2-1-1 San Diego, HomeShare and Community Connections Program with ElderHelp of San Diego, and ADA public facility improvements at Community Park.
Ms. Sanders explained the City must first appropriate the funds for each program from the General Fund and reimbursements from grant funding are made by the County throughout the fiscal year. Staff recommends maintaining the same funding amounts for each of the social services programs as they are currently funded with the action authorizing staff to submit applications for each program for the County of San Diego County Board of Supervisors' consideration in early spring.
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:34 p.m.
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 23-055 authorizing the submission of four applications for the FY2024-2025 CDBG program; 2) authorize the appropriation of $221,078.08 to the CDBG Fund (F241.0) from the General Fund (F1000), as a loan, to fund the proposed FY2024-2025 CDBG program upon approval by the County; and 3) authorize the City Manager to execute all necessary contracts with the County. Motion carried unanimously.
STAFF REPORTS:
8. Urgency Ordinance Banning Distribution of Hate Litter Mayor Vaus introduced the item and· commented on the need to implement penalties to discourage hate litter distribution intended to frighten , intimidate or harass members of any protected class . He reiterated that hate litter will not be tolerated and has no place in Poway.
City Attorney Alan Fenstermacher presented the item and explained the ordinance applies to distribution of any materials, called hate litter, as a defined term meant to willfully injure, harass or oppress anyone based on a protected class which is defined by federal and state law. 15 of 17 January 16, 2024, Item #2
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Those protections include religion and race in addition to many other characteristics.
Pamphlets, flyers or other materials containing no other legitimate purpose and determined to be hate litter are considered in violation of the ordinance and are punishable by up to six months in prison, a $1,000 fine, or both.
Mr. Fenstermacher added the reason for bringing the ordinance forward on an urgency basis, noting past incidents in Poway and around San Diego County and recent events in the Middle East including the escalation hate incidents against Jewish, Arab American and Muslim communities. He emphasized the proposed ordinance would apply to the aforementioned groups and all other protected classes and religions.
Mr. Fenstermacher stated the urgency ordinance must be adopted by a four-fifths (4/5) vote will go into effect immediately if adopted and with no need for a second reading and will not require a 30-day waiting period following approval.
Public Comment :
None.
End of Public Comment .
Council discussion ensued. Council responded positively to the ordinance as a measure to protect Poway residents from threats and other harassment based on federal and state protected characteristics and added the ordinance will provide the City with the tools to deter, discourage and penalize those participating in this type of behavior.
Motioned by Mayor Vaus, seconded by Councilmember Pepin to adopt Urgency Ordinance No. 863, which must be passed by a four-fifths (4/5) vote, to take effect immediately without the need for any further action by the City Council or 30-day waiting period. Motion carried unanimously.
WORKSHOPS
None.
COUNCIL-INITIATED ITEMS
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
Councilmember Pepin noted having attended the 1oth annual Poway Heroes Softball Game and recognfzed Tony Rubino and the Poway Padres for hosting the event.
Councilmember De Hoff stated having attended the 10th annual Poway Heroes Softball Game and thanked the organizers of the event. He noted attending the two Life Time Fitness public information meetings and thanked various staff members for their participation in those meetings.
Councilmember Edmondson acknowledged Girl Scout Troop 2050 and thanked them for their participation in tonight's meeting . Ms. Edmondson noted her attendance at the public information 16 of17 January 16, 2024, Item #2
City of Poway - Minutes - November 7, 2023
meetings for Life Time Fitness and believes the public forum as a great way for the public to participate in local government having an opportunity to ask questions, express concerns and offer suggestions.
Deputy Mayor Frank acknowledged the Community Services staff and volunteers for hosting the Once Upon a Hallowe'en at Old Poway Park.
Mayor Vaus invited the public to attend upcoming City events on Saturday, November 11 including the Veterans Day Commemorative Park Celebration, the Farmer's Market and Train Song Festival.
CITY MANAGER ITEMS
None.
CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session) None.
CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned at 7:47 p.m.
17 of 17
Carrie Gallagher, CMC
City Clerk
City of Poway, California
January 16, 2024, Item #2