AGENDA RE PO RT City of Poway
DATE:
TO:
FROM:
CITY COUNCIL
SUBJECT:
May 7, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk �
(858) 668-4535 or [email protected]
Approval of the February 20, 2024, and March 19, 2024 Regular City Council Meeting Minutes
Summary
The City Council Meeting Minutes submitted hereto for approval are:
• February 20, 2024 Regular City Council Meeting Minutes • March 19, 2024 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 February 20, 2024, and March 19, 2024 Regular City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A. February 20, 2024 Regular City Council Meeting Minutes B. March 19, 2024 Regular City Council Meeting Minutes
Reviewed/Approved By:
:!�.�
Assistant City Manager
1 of 14
Reviewed By:
Alan Fenstermacher
City Attorney
May 7, 2024, Item #2
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
February 20, 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; Deputy City Clerk Ellis Webster; 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; Captain Nancy Blanco, Sheriffs Department. (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, Deputy 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 led a moment of silence.
PRESENTATIONS:
None.
PUBLIC COMMENT:
None.
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City of Poway - Minutes - February 20, 2024
CONSENT CALENDAR:
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to approve Consent Calendar Items 1 through 3. 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
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Award of Contract to Unified Field Services Corporation for the R-4 and R-7 Reservoir Rehabilitation Project, Bid No. 24-002, Appropriation of Additional Funds and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
3. Side Letter Amending the Memorandum of Understanding (MOU) between the City of Poway and Non-Safety Employees Represented by Teamsters, Local 9-1-1 to Change Certain Provisions of the Standby/Callback Program and Amendment to the Management/Confidential Employee Group Salary & Benefits Plan Document to Include the Standby/Callback Program for Eligible Supervisors
ORDINANCES FOR INTRODUCTION:
None.
PUBLIC HEARINGS:
4. Variance (VAR) 23-0001 and Minor Development Review Application (MORA) 23-0018 a request to construct a single-family residence and to allow the structure to observe a reduced front yard setback on a vacant lot located at 15157 Huntington Court and determination the project is exempt from CEQA review pursuant to CEQA Guidelines section 15303 and 15305 Mayor Vaus read the item into the record and noted the applicant has requested to have the item pulled from the agenda. Mayor Vaus explained the City Manager's recommendation is to continue the item to a date uncertain, however, since the item was previously advertised for a February 20, 2024 Public Hearing, Council will open the public hearing for comments.
Mayor Vaus opened the Public Hearing at 7:03 p.m.
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:03 p.m.
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Motioned by Councilmember Pepin, seconded by Councilmember Edmondson to continue the public hearing for Variance (VAR) 23-0001 and Minor Development Review Application (MDRA) 23-0018 to a date uncertain. Motion carried unanimously.
5. Conditional Use Permit (CUP) 20-006/Minor Development Review Application (MORA) 20- 017, a request to construct and operate a wireless communication facility in the Creekside Plaza shopping center located at 13573 Poway Road, within the Commercial General district of the Poway Road Specific Plan and determination the project is exempt from CEQA review Mayor Vaus opened the Public Hearing at 7:04 p.m.
City Planner Stan Donn presented the item along with a PowerPoint presentation. He noted the project is a request from Verizon Wireless to install and operate a new Wireless Communication Facility (WCF) within the Creekside Plaza Shopping Center. Mr. Donn identified the property location and noted the project site consists of a commercial building with multiple suites within the Commercial General District of the Poway Road Specific Plan (PRSP).
With the use of illustrations and photo simulations, Mr. Donn provided before and after images of the proposed WCF and noted the antenna structure would meet the 35-foot height limit for the zone. He stated the design is architecturally integrated with the existing commercial standard and is also consistent with the design of the other wireless antenna facilities located within Creekside Plaza and complies with the City Wireless Communication Policy as it will visually blend in with the existing building architecture and therefore would be minimally noticeable from their surrounding development.
Public Comment:
None.
End of Public Comment .
Mayor Vaus closed the Public Hearing at 7: 16 p.m.
Council responded positively to the proposed design.
Motioned by Mayor Vaus, seconded by Councilmember Pepin to adopt Resolution No. 24-005 entitled "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit (CUP) 20-006 and Minor Development Review Application (MDRA) 20-017 for the Construction of a Wireless Communication Facility; Assessor Parcel Number 317-820-05." Motion carried unanimously.
6. Conditional Use Permit (CUP) 23-0003, a request to install a new wireless communication facility on a replacement stadium light pole along with ground mounted ancillary equipment at Poway High School located at 15500 Espola Road within the Public Facility zone and a determination the project is exempt from CEQA review
Mayor Vaus opened the Public Hearing at 7:11 p.m.
Senior Planner Hector Salgado presented the item along with a PowerPoint presentation. He explained the project request is to install a Wireless Communications Facility (WCF) on a replacement stadium light pole along with ground mounted ancillary equipment at Poway High 4 of14 May 7, 2024, Item #2
City of Poway - Minutes - February 20, 2024
School. Mr. Salgado noted Poway High School is located within the Public Facilities Zone, requiring the approval of a Conditional Use Permit (CUP) per the Poway Municipal Code (PMC).
Mr. Salgado used aerial images of the campus in his description of the proposed project. He provided elevation plans and details of equipment installation with enclosure. Mr. Salgado noted the proposed project complies with the City Wireless Communication Policy as the design visually blends in with the surroundings and therefore would be minimally noticeable to the surrounding development and existing conditions as seen from Espola Road.
A neighborhood meeting was held on January 24, 2024, to allow the applicant to present the project to surrounding residential property owners and to respond to any questions or concerns. City staff were in attendance along with four (4) residents who voiced concern over cumulative radiofrequency (RF) levels. Residents were assured the preliminary RF report prepared for the proposed wireless installation, calculating the cumulative RF levels of the existing and proposed wireless carriers, are within acceptable levels. Staff shared a condition of approval of the project will require a confirming RF report be completed and submitted to the City after the antennas are installed to verify operations comply with Federal Communications Commission standards.
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7: 16 p.m.
Council discussion ensued, including project design and improving the shielding of the lights and utilization of the existing luminaires.
Responding to Council questions, project applicant Kerrigan Diehl of Plancom, Inc., confirmed the utilization of luminaire will remain the same to ensure the existing lighting system is maintained.
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 24-006 entitled "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit (CUP) 23-003; to Establish a New Wireless Communication Facility at Poway High School Located at 15500 Espola Road; Assessor's Parcel Number 278-450-27." Motion carried unanimously.
STAFF REPORTS:
7. Resolution to Participate in the County of San Diego Agricultural and Livestock Pass Program Senior Management Analyst Jenna Stein introduced the item. She explained the program would largely be administered together by San Diego County Fire and San Diego County Department of Agricultural Weights and Measures and would operate as a joint operation between the Fire and Sheriff's Departments during emergency evacuations. She stated the program is currently active in the unincorporated area of the County. 5 of 14 May 7, 2024, Item #2
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Sergeant Mike Davis from the San Diego Sheriffs Department Emergency Planning Division provided additional information about the program, including background on Assembly Bill 1103 which authorized the San Diego County Board of Supervisors to establish an agricultural (Ag) and livestock pass program. He noted AB 1103, Section 409.4(e) authorizes valid livestock pass members to, when approved by law enforcement, enter "soft" closure areas.
He stated the program is an evacuation pass for commercial agricultural or livestock operation and allows for the evacuation or care of livestock and tending to crop by owners, operators or managerial staff during a local emergency. Sgt. Davis detailed the program's rules and requirements for approval noting the pass allows for reentry during a "soft" road closure and only during daylight hours. Participants are issued an identification card which is good for one year as each participant is required to undergo annual recertification. Sgt. Davis noted the program as an "all-hazard" program, applying to all types of local disasters.
Sgt. Davis explained "hard closure" versus "soft closure" conditions, notification procedures, and approval to access the Ag Pass holder's commercial property.
Public Comment:
None.
End of Public Comment.
Council discussion ensued. In response to Council questions, Sgt. Davis confirmed the program is applicable to owner/operators and managerial employees of commercial properties only with access granted only during a soft road closure solely to the person with the Ag Pass identification card. Ms. Stein provided further details on publicizing the program and its inclusion as part of the Fire Department's community and emergency preparedness outreach efforts. Responding to Council questions, Ms. Stein noted, City staff anticipate approximately two dozen Poway businesses would be eligible for the program. She further noted businesses must have a current business certificate to participate in the program.
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to approve Resolution No. 24-007 entitled "A Resolution of the City Council of the City of Poway, California, to Participate in the County of San Diego Agricultural and Livestock Pass Program." Motion carried unanimously.
8. Approval of Encroachment Agreement (EA) between the City of Poway and Pome BESS, LLC for Long Term Encroachment of the Public Right-of-Way for the installation of an underground Gen-Tie (General Transmission) line
Assistant City Manager Wendy Kaserman presented the item and provided background. She noted, at the January 16, 2024 Regular City Council meeting, staff presented a proposed Encroachment Agreement (EA) between the City and Pome BESS, LLC (Pome BESS). Pome BESS is an administratively approved battery storage project on Danielson Street in the business park but requires long-term access to the City's right-of-way through an EA to provide for the transmission of power between the battery project site and the SDG&E substation located on Stowe Drive.
At the January meeting, Council raised concerns about the public benefits associated with the project and rejected the EA as it was proposed. Following the January meeting, 6 of 14 May 7, 2024, Item #2
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representatives from Pome BESS met with City Management to discuss public benefits and ways that Pome BESS could meaningfully contribute to the City of Poway.
Ms. Kaserman highlighted several proposed changes to the EA including: the proposed annual fee for the encroachment into the right-of-way increased to $100,000 annually, and will be adjusted annually for inflation; the agreement includes a guaranteed $50,000 in property tax revenue annually from the project with an annual look-back on the property valuation written into the EA; and finally, Pome BESS agreed to contribute $500,000 towards improvements at Community Park. Ms. Kaserman noted it is possible the City could see sales or use tax benefits associated with the project and have included language in the EA stating Pome BESS will take every step legally feasible to identify the project site as the point of sale and/or register the business location where sales and use tax should be attributed.
Public Comment:
Kathy Lin, representing Pome Bess, LLC, thanked Council for the opportunity to resubmit a revised Encroachment Agreement and added they are happy to have an opportunity to support Community Park and many local Poway businesses.
Kimberly Gudorf spoke in support of Item 8, citing the benefits of power grid reliability and stability.
End of Public Comment.
Council discussion ensued. Council responded positively to the applicant's revisions included in the Encroachment Agreement, noting the improved community benefit incorporated into the agreement and the contributions towards Community Park. Council further discussed power grid reliability, facility safety and long-term impacts to the Business Park.
Motioned by Mayor Vaus, seconded by Councilmember Pepin to approve the Pome BESS Encroachment Agreement with Pome Bess, LLC and authorize the City Manager to execute the Agreement on behalf of the City, as well as make any minor modifications or take further action that may be necessary to effectuate the intent of the Encroachment Agreement. Motion carried unanimously.
WORKSHOPS:
None.
COUNCIL-INITIATED ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
Mayor Vaus noted having attended a memorial service for Sue Herndon and commended Community Services staff for their assistance with the event.
CITY MANAGER ITEMS:
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City of Poway - Minutes - February 20, 2024
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 7:44 p.m.
8 of 14
Carrie Gallagher, CMC
City Clerk
City of Poway, California
May 7, 2024, Item #2
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, 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 led a moment of silence.
Mayor Vaus recognized Commander Nancy Blanco and congratulated her on the promotion.
PRESENTATIONS:
Proclamation - Poway High School Wrestling Team
9 of 14 ATTACHMENT B May 7, 2024, Item #2
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 510 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Pepin, De Hoff, Edmondson, Frank, Vaus
None
None
None
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.
10 of 14 May 7, 2024, Item #2
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 1 0 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.
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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. 12 of 14 May 7, 2024, Item #2
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(8)(1)
Title: City Attorney
9. Public Employee Performance Evaluation
13 of 14 May 7, 2024, Item #2
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Gov. Code§ 54957(8)(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.
14 of 14
Carrie Gallagher, CMC
City Clerk
City of Poway, California
May 7, 2024, Item #2