CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
March 19, 2024
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, 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; Interim Director of Finance Brad Rosen; 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; Commander 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 Mayor/Vice 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 led a moment of silence.
Mayor Vaus recognized Commander Nancy Blanco and congratulated her on the promotion.
PRESENTATIONS:
Proclamation — Poway High School Wrestling Team
1 of 6
City of Poway — Minutes — March 19, 2024
Mayor Vaus congratulated the Poway High School Wrestling Team on winning the California High School State Championships and declared March 20, 2024 as Poway Wrestling Champions Day in the City of Poway.
PUBLIC COMMENT:
Nick Carruthers, representing Poway Voices, spoke in opposition to the Harmon Ranch Specific Plan.
Chris Olps voiced concerns over the Poway Housing Element's compliancy status Chris Cruse spoke in opposition to the Harmon Ranch Specific Plan.
Maria Hernandez spoke regarding a lack of "very low income" and "affordable housing" availability in Poway.
At the request of Mayor Vaus, City Attorney Fenstermacher provided a brief update to the status of the Housing Element. He noted on March 13, 2024, the Department of Housing and Community Development (HCD) approved the City's updated draft Housing Element which will now go to Council for final approval.
CONSENT CALENDAR:
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank 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. City's Investment Report as of December 31, 2023
3. Approval of Consultant Agreement with Hoch Consulting for the Water Treatment Plant Filter Upgrades Project; RFP No. 24-009, for Engineering Design Services
4. Annual Report — Implementation of the General Plan in 2023 Mayor Vaus noted a minor correction to Item #4, page three of the Agenda Report. He stated, based upon late information received from California Department of Housing and Community Development (HCD), there is a change in the Annual Report regarding the remaining low- income units associated with current housing cycle. The 197 Low Income units identified in the report should be modified to 200 and staff will make the change to the final report before submitting it to HCD.
Michael Yee spoke in support of Item #4 and urged Council to continue addressing traffic and bike safety options.
2of6
City of Poway — Minutes — March 19, 2024
ORDINANCES FOR INTRODUCTION:
None.
PUBLIC HEARINGS:
5. Amendments to Chapters 2.21, 13.12, 16.10, 17.02, 17.40, 17.46, 17.47, 17.48 and 17.50 of the Poway Municipal Code and the Master Fee Schedule Regarding Rehearing Procedures and Public Noticing
Mayor Vaus opened the Public Hearing at 7:26 p.m.
City Attorney Alan Fenstermacher presented the item. He described the proposed amendments as the result of City staff's periodic analysis and recommended edits to the Poway Municipal Code (PMC).
Mr. Fenstermacher explained most of the proposed edits to the PMC are for the removal of the rehearing procedure. He detailed the rehearing process noting it only being available if "new and different evidence not available at the previous hearing" is discovered within 10 days of the relevant hearing or decision and added the rehearing procedure is rarely used. Mr.
Fenstermacher noted it is an inefficient use of City resources and City Council's time, he spoke regarding the unlikely scenario by which new and different evidence would be discovered within 10 days of a City Council decision and the likelihood City Council would reverse course on a decision that was just made. Mr. Fenstermacher emphasized, any aggrieved party can still appeal any decision made by City staff or any inferior City body to the City Council or challenge a decision by the City Council in Superior Court.
Mr. Fenstermacher stated the second aspect of the proposed amendments is an update to the provisions regarding public notice requirements. He cited state law noticing requirements for various land use type approvals and the requirement to send a notice to all the property owners within 300 feet of the project, while the PMC requires noticing within a 500-foot radius.
The amendment would formally codify the process to provide notice to all occupants, including tenants, within 500 feet and shift costs of the noticing procedures to the developer.
Currently, the City either pays a third -party consultant to provide notice to occupants or pays postage for notices to property occupants. The changes would relieve staff of this task by requiring private applicants to pay for all noticing for their own projects.
Public Comment:
The following individuals spoke in opposition to Item #5 and the removal of the rehearing process:
Jeffrey Schmidt
Lori Grennan
Eric Weller
Barbara Diederichs
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:41 p.m.
3of6
City of Poway — Minutes — March 19, 2024
Council discussion ensued. Mr. Fenstermacher elaborated on rehearings and appeals, noting the distinction between the two processes. Council responded positively to shifting all the costs of occupant public noticing to the project developer and to the removal of the rehearing process, citing its redundancy, inefficient use of time and resources and infrequent usage.
Council clarified City staff would continue to be responsible for public noticing which includes notifying the occupants as well as property owners. Council noted fees associated with noticing would now be the responsibility of the developer and not the City.
Motioned by Deputy Mayor Frank, seconded by Mayor Vaus to adopt Resolution No. 24-008 entitled "A Resolution of the City Council of the City of Poway, California, Amending the Master Fee Schedule to Add Fees Relating to Public Notices, and Remove Reference to Rehearing." Motion carried unanimously.
As requested by the Mayor, City Clerk Gallagher titled the Ordinance.
Ayes:
De Hoff, Edmondson, Pepin, Frank, Vaus
Noes:
None
Abstained:
None
Absent:
None
Disqualified:
None
Motioned by Deputy Mayor Frank, seconded by Mayor Vaus to introduce Ordinance No. 865 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapters 2.21, 13.12, 16.10, 17.40, 17.46, 17.47, 17.48 and 17.50 of the Poway Municipal Code to Eliminate the Rehearing Procedure and Amending Chapter 17.02 to Require Cost Recovery for Public Noticing of Private Development Projects," for first reading and schedule the second reading and adoption at the next regularly scheduled City Council meeting. Motion carried unanimously.
6. Resolution Amending the Poway Center for the Performing Arts Fees Within the Community Services Section of the Master Fee Schedule
Mayor Vaus stated the City Manager is recommending Item #6 be continued to a date uncertain. Having previously been noticed as a Public Hearing for tonight's meeting, Mayor Vaus invited any members of the public in attendance wishing to speak on this item, to come forward at this time.
Mayor Vaus opened the Public Hearing at 7:53 p.m.
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:53 p.m.
Motioned by Councilmember De Hoff, seconded by Councilmember Edmondson to continue the public hearing to adopt a Resolution titled: "Amending the Poway Center for the Performing Arts Fees Within the Community Services Section of the Master Fee Schedule" to a date uncertain. Motion carried unanimously. 4of6
City of Poway — Minutes — March 19, 2024
STAFF REPORTS:
None.
WORKSHOPS:
None.
COUNCIL -INITIATED ITEMS:
7. Appointments to the Budget Review Committee
Mayor Vaus presented the item.
The following individuals were nominated to serve on the Budget Review Committee.
Mayor Vaus selected:
Cynthia Elizondo — Two Year Term
Councilmember Edmondson selected:
Vanessa Springett — Two Year Term
Public Comment:
None.
End of Public Comment.
City Council concurred to appoint Cynthia Elizondo and Vanessa Springett to serve two-year terms on the Budget Review Committee.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
Mayor Vaus thanked Commander Nancy Blanco for her service to the City of Poway and wished her well in her new role as Commander.
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None.
CLOSED SESSION:
8. Public Employee Performance Evaluation
Gov. Code § 54957(B)(1)
Title: City Attorney
9. Public Employee Performance Evaluation
5of6
City of Poway — Minutes — March 19, 2024
Gov. Code § 54957(B)(1)
Title: City Manager
Mayor Vaus recessed the Regular City Council meeting into Closed Session at 7:55 p.m.
ADJOURNMENT:
City Attorney Alan Fenstermacher reported no action was taken.
The meeting was adjourned at 8:50 p.m.
Carrie Gallagher, CIVIC
City Clerk
City of Poway, California
6of6