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Minutes, first session

Poway City Council
February 18, 2025

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Minutes, first session
Meeting
February 18, 2025
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February 18, 2025, Item #2
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

February 18, 2025
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk-~
(858) 668-4535 or [email protected]

CITY COUNCIL
SUBJECT: Approval of the January 21, 2025 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• January 21, 2025 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 January 21, 2025 Regular City Council Meeting Minutes.

Public Notification:

None.

Attachments:

A. January 21, 2025 Regular City Council Meeting Minutes Reviewed/Approved By:
w~'tils~
Assistant City Manager
1 of 9
Reviewed By:

Alan Fenstermacher
City Attorney
Ap~
Ch~
City Manager
February 18, 2025, Item #2

CITY OF POWAY

CITY COUNCIL REGULAR MEETING

MINUTES
January 21, 2025
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: Tony Blain, Peter De Hoff, Jenny Maeda, Brian Pepin, 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 Julie Procopio; Director of Finance Craig Schmollinger; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Brian Mitchell; Captain Claudia Delgado, 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:

Mayor Vaus led the Pledge of Allegiance.

MOMENT OF SILENCE:

Mayor Vaus led a moment of silence.

PRESENTATIONS:

Mayor Vaus thanked the City's firefighters for their work on the recent Ted Williams Parkway fire and welcomed those recently deployed to assist with the Los Angeles wildfires. Mayor Vaus welcomed new Poway Fire Chief Brian Mitchell.
2 of 9 ATTACHMENT A
February 18, 2025, Item #2
City of Poway -Minutes -January 21, 2025
PUBLIC COMMENT:

The following individuals spoke under Public Comment:

Dale Davis discussed a proposal to mitigate fire danger on city owned property that borders his home.

Lynn Davis discussed a proposal to mitigate fire danger on city owned property that borders her home.

Steven Stone spoke on behalf of the Green Valley Civic Association (GVCA) and Fire Wise Program in support of Dale and Lynn Davis' proposal.

Hiram Soto raised concerns over voting eligibility of District 1 Councilmember Pepin.

At the request of Mayor Vaus, City Attorney Fenstermacher responded to speaker concerns, and explained that pursuant to relevant statutes, binding case law and Attorney General guidance provided in his supplemental memorandum (included in the agenda packet as part of the City's additional materials), even if you've left your residence, until you establish a new legal domicile, that former residence is your domicile for the purposes of holding office and for voting. He noted that under California law, everyone must have one domicile at all times. Accordingly, Councilmember Pepin is eligible to vote as described in the memo published in the additional material.

Joe St. Lucas thanked first responders for actions associated with the Ted Williams Parkway fire.

Janet Lettang addressed hazardous tree removal concerns and the Hazardous Tree Mitigation grant.

Terri Sorensen spoke on behalf of the Poway Neighborhood Emergency Corps., and discussed the "How Prepared is Poway" community meeting held on January 29, 2025.

Mike Leland thanked first responders for actions associated with the Ted Williams Parkway fire and encouraged civil discourse for all meeting attendees.

Peter Neild noted appreciation for City support for Candy Cane Lane, additionally he voiced disappointment over the lack of public attendance at the latest Traffic Safety Committee meeting.

De/lena Olps voiced former Poway Councilmember conduct concerns.

Ray Wilson spoke in support of recent fire mitigation efforts in Poway but voiced concerns for additional mitigation needed in areas not yet addressed.

Chris Cruse raised concerns over voting eligibility of District 1 Councilmember Pepin.

Charles Grimshaw offered support for previous speakers' fire mitigation proposal.

Tom Eastman offered support for previous speakers' fire mitigation proposal.

Anita Edmondson thanked first responders for actions associated with the Ted Williams Parkway fire and highlighted local safety alerts included on the City's website. 3 of 9
February 18, 2025, Item #2
City of Poway -Minutes -January 21, 2025
William King spoke on the condition of a neighboring storm drain channel and inquired on the progress of hazardous tree removal in Poway.

James Kreifeldt voiced concerns over the condition of eucalyptus and palm trees in Poway and spoke in support of further fire prevention and mitigation efforts.

John Couvrette voiced concerns over District 2 Councilmember Blain's behavior and requested his resignation.

CONSENT CALENDAR:

Motioned by Mayor Vaus, seconded by Councilmember De Hoff to approve Consent Calendar Items 1 through 3. Motion carried 5/0 by the following roll-call vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

Blain, De Hoff, Maeda, Pepin, 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 November 19, 2024, December 3, 2024, and December 17, 2024 Regular City Council Meeting Minutes

3. Approval of Final Parcel Map for Tentative Parcel Map (TPM) 22-0003 (Somerset Road/Janette Lane Urban Lot Split); Bill Yen & Associates, Inc., Applicant (APN 314-242- 05)
ORDINANCES FOR INTRODUCTION:

None.

PUBLIC HEARINGS:

None.

STAFF REPORTS:

4. Discussion and Possible Action to Fill City Council Vacancy City Attorney Alan Fenstermacher presented the item. He explained this item is in follow up to the December 3, 2024 City Council meeting. At that meeting the City Council discussed Councilmember Pepin's notice sent to the City Manager on November 25, 2024 stating he would be resigning from the City Council effective upon his seat being filled with a replacement. The City Council provided direction to staff to initiate an application process to fill the vacancy through an appointment. Applications would be presented for City Council consideration at a future City Council meeting.

Mr. Fenstermacher noted the City Council received six applications. He added each applicant would be given three minutes to present to the Council. Following presentations and Council questions and discussion, Council could vote to make an appointment to fill the District 1 4 of 9
February 18, 2025, Item #2
City of Poway -Minutes -January 21, 2025
vacancy, continue the item to a future meeting date, or call a special election. In response to inquiries, Mr. Fenstermacher clarified there is no ability to consolidate elections with the upcoming County special election to fill a vacancy on the Board of Supervisors. He stated the estimated cost for an election to fille the City's vacancy was obtained from the Registrar of Voters and included in the Agenda Staff Report.

Based on the City Clerk's random drawing, the following applicants were called forward to present their qualifications for the position:

1. Gregg Brandalise

2. John R. Carson

3. Peter James Neild

4. Hannah Mondo

5. Ronald Allan Romero

6. Christopher J. Pikus
Applicant Ronald Allan Romero was not present at the meeting.

Public Comment:

The following individuals spoke in support of an appointment for Item #4:

Anita Anders
Diane Robie
Heather Skate
Yuri Bohlen
Bob Bush
The following individuals spoke in opposition to an appointment for Item #4:

Edward Michell
Shawn Hodgetts
Hiram Soto
Chris O/ps
Amit Asarava/a
Jim Bunner
Frida Brunzel/
Melissa Morris
Deborah Barton
Chris Cruse
The following individuals spoke neutrally on Item #4:

Delenna O/ps
Alison Park
Peter Neild
Anita Edmondson
John Couvrette
The following submitted written comment cards in support of an appointment for Item #4:

Dianne L Smith
5 of 9
February 18, 2025, Item #2
City
of
Poway
-
Minutes
-
January
21,
2025
The
following
submitted
written
comment
cards
in
opposition
to
an
appointment
for
Item
#4:

Esta
Browning
Carl
Browning
Gabriel
Diaz
Ill
Theresa
Edwards
Gordon
Carson
Struthers
Lorena
Davies
Donna
Struthers
Jennifer
Boyce
Joe
St
. Lucas
Leslie
Vans/ager
Christine
Vickers
Heather
Jalisi
Jana
Johnson
Frank
Clark
Diana
Newland
Marisol
Morales
Jayson
Phillips
Cindy
Hicks
Celeste
Larson
Marianna
Benedict-Bacilla
Virginia
Straeter
Barbara
Diederichs
Phyllis
Collins
End
of
Public
Comment
.

Council
discussion
ensued
. Applicants
were
commended
and
thanked
for
their
interest
in
the
District
1 position
. Council
detailed
the
applicable
section
of
the
Government
Code
and
practices
of
the
State
of
California,
noting
the
appointment
method
for
fill
ing
vacancies
is
both
permissible
and
common
place
in
similar
jurisdictions
.

A
majority
of
the
City
Council
discussed
the
importance
of
continuous
representation
for
District
1 residents
because
of
several
important
issues
that
will
be
coming
before
the
City
Council
prior
to
when
a
special
election
could
be
held,
including
setting
the
four-year
water
rate
structure,
approval
of
the
annual
budget
and
capital
improvement
program,
and
potential
development
projects.

They
noted
past
appointments
having
a
proven
track
record
of
success
in
providing
good
governance
and
fair
representation
. Other
Councilmembers
expressed
appreciation
for
those
who
had
applied
for
District
1,
noting
how
impressed
they
were
with
the
applicants,
but
felt
the
seat
should
be
filled
through
a
special
election process
.

Council
addressed
improper
pressure
and
alleged
ethical
and
criminal
violations
, including
extortion,
vote
trading,
intimidation
and
quid
pro
quo
corruption
by
Councilmember
Blain
.

Motioned
by
Councilmember
Maeda,
seconded
by
Councilmember
Blain
to
have
a
mail-in
only
Special
Election
on
August
26,
2025
to
fill
the
District
1 Vacancy.

Motion
failed
2/3
by
the
following
vote:

Ayes: Noes: Abstained: Absent:
6 of
9 Blain,
Maeda
De
Hoff,
Pepin,
Vaus
None None
February 18, 2025, Item #2
City of Poway -Minutes -January 21, 2025
Disqualified: None
Motioned by Councilmember De Hoff, seconded by Mayor Vaus to appoint Christopher J. Pikus to fill the vacant District 1 City Council seat to serve until the current District 1 term ends following the results of the November 3, 2026 General Election. Motion carried 3/2 by the following vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

De Hoff, Pepin, Vaus
Blain, Maeda
None
None
None
Outgoing Councilmember Pepin exited the dais.

City Clerk Gallagher administered the Oath of Office to newly appointed Councilmember Christopher J. Pikus. Councilmember Pikus then took his seat on the dais.

5. Appointment of Deputy Mayor for 2025
City Attorney Alan Fenstermacher presented the item. He explained state law and the Poway Municipal Code requires Council to appoint a Deputy Mayor for a term of one year. He noted the appointment is typically made the same meeting following certification of the election results. At the December 17, 2024 Regular City Council meeting, the appointment item resulted in a 2-2 vote and did not pass. The item is being brought forward again for Council consideration.

Public Comment:

The following individuals spoke in support of Item #5:

Anita Anders
Yuri Bohlen
End of Public Comment.

Motioned by Mayor Vaus, seconded by Councilmember Pikus to appoint Councilmember De Hoff to serve as Deputy Mayor for the one-year term commencing January 21, 2025. Motion carried 3/2 by the following vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

WORKSHOPS:

None.

De Hoff, Pikus, Vaus
Blain, Maeda
None
None
None
COUNCIL-INITIATED ITEMS:
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February 18, 2025, Item #2
City of Poway-Minutes -January 21, 2025

6. Appointment to Regional Agencies' Boards, Commissions and Committees for 2025 Mayor Vaus presented the item. He announced the selection of the following appointments to the Regional Agencies' Board, Commissions and Committees for calendar year 2025:

Mayor Vaus noted the substitution of Councilmember Pikus in place of Councilmember Pepin as previously outlined in this evening's Agenda Report.

1. San Diego Division League of California Cities
a. Primary: Jenny Maeda
b. Alternate: Christopher J. Pikus

2. Metropolitan Transit System {MTS) Board of Directors a. Primary: Steve Vaus
b. Alternate: Peter De Hoff

3. San Diego Association of Governments Board of Directors a. Primary: Steve Vaus
b. 1st Alternate: Peter De Hoff
c. 2nd Alternate: Christopher J. Pikus

4. Metro Wastewater Commission/Joint Powers Authority (JPA) a. Primary: Peter De Hoff
b. Alternate: Director of Public Works

5. San Dieguito Riverpark Joint Powers Authority (JPA)
a. Primary: Jenny Maeda
b. Alternate: Christopher J. Pikus

6. City of Poway/PUSD Joint Use Subcommittee for lnterjurisdictional Cooperation a. Primary: Peter De Hoff
b. Alternate: Steve Vaus

7. Regional Solid Waste Association (RSWA)
a. Primary: Peter De Hoff
b. Alternate: Christopher J. Pikus

8. Goodan Ranch Policy Committee
a. Primary: Jenny Maeda
b. Alternate: Director of Community Services
Public Comment:

None.

End of Public Comment.

Motioned by Mayor Vaus, to appoint Primary and Alternate members to the various Regional Agencies' Boards, Commissions and Committees for calendar year 2025, and for newly appointed Councilmember Pikus to replace outgoing Councilmember 8 of 9
February 18, 2025, Item #2
City of Poway -Minutes -January 21, 2025
Pepin's assignments on the Regional Agencies' Boards, Commissions and Committees. Motion carried 4/1 by the following vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

De Hoff, Maeda, Pikus, Vaus
Blain
None
None
None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS:

Pursuant to AB1234 -(G.C.
53232(d))
Councilmember Blain provided a statement regarding campaign contributions made by City Attorney Alan Fenstermacher.

City Attorney Alan Fenstermacher responded to allegations made by Councilmember Blain.

Councilmember De Hoff provided a statement addressing Councilmember Blain's alleged improper activities, and indicated he wished to have an item proposing a formal censure be brough back at a future City Council meeting.

A motion was made by Councilmember De Hoff to initiate discussion to consider a formal censure of Councilmember Blain at the February 4, 2025 Regular City Council meeting.

Motion carried without opposition.

CITY MANAGER ITEMS:

City Manager Hazeltine announced he filed a complaint with the City's Human Resources Department against Councilmember Blain for bullying, threatening, intimidating and retaliatory behavior.

CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None.

CLOSED SESSION:

None.

ADJOURNMENT:

The meeting was adjourned at 10:19 p.m.
9 of 9
Carrie Gallagher, CMC
City Clerk
City of Poway, California

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