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2023 01-17 ACTION AGENDA Steve Vaus Barry Leonard Peter De Hoff Caylin Frank Brian Pepin Mayor Deputy Mayor Councilmember Councilmember Councilmember ACTION AGENDA The Action Agenda of the City Council Meeting is a document provided immediately following the Council Meeting in order for staff and the public to be aware of the business transacted and actions taken by Council. This is a preliminary draft and not a legal record. The meeting’s legal record is the Minutes approved by the City Council Thank you for participating in your local government and the City of Poway Council meetings. Meetings | Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m. Meetings | Regular City Council meetings are held in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064, the Council Chamber will be open to the public. Public participation is encouraged in a number of ways as described below. Members of the public may attend the City Council meeting in person, watch the City Council meeting live online, or participate remotely via Zoom. Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City’s website. IN-PERSON SPEAKERS: Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item. All comments will be limited to three (3) minutes. To Watch Live: To Speak and Participate Remotely: www.poway.org/councilmeetings Go to: www.poway.org/meeting and join using “Computer Audio” If your electronic device has no microphone or speakers: Call: (877) 853 – 5247 Enter Meeting ID: 623 291 9830 Enter Participant ID provided on your computer PLEASE NOTE: If you wish to participate, please also read the Speakers section for detailed instructions as it has changed. January 17, 2023 | 7 p.m. AG EN DA Poway City Council Council Chamber I 73325 Civic Center Drive I Poway, CA I 92064 2 of 5 Regular City Council Meeting January 17, 2023 REMOTE SPEAKERS: If viewing online or calling in via telephone, it is highly recommended to log in to the waiting room at least 15 to 30 minutes prior to the commencement of the meeting. Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. If you wish to speak and are joining the meeting online, please let the City Clerk know prior to the meeting or the announcement of the item by raising your hand digitally or by submitting a chat. If you are not using your computer’s audio, please remember to enter your Participant ID on your computer screen when prompted on the phone. If you choose to call in without logging in online and you wish to speak on an item, you may press *9 when the Mayor asks for speakers at the time that the item you wish to speak on is being considered. You may speak up to three (3) minutes. The Mayor may reduce this time if there are a large number of speakers. PLEASE NOTE: Comments received via email before 3:00 p.m. the day prior to the meeting will be distributed to the City Council as well as be made available online prior to the City Council meeting. Technical Support | For more information on how to connect, visit www.poway.org/meetinghelp. Agenda Materials | This agenda contains a brief summary of each item the Council will consider. The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City’s website at www.poway.org. Sign up at https://poway.org/list.aspx to receive email notifications when City Council agendas are published online. Items listed on the agenda with a “#” symbol are in preparation. American Disabilities Act Title II | In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s office 858-668-4530 at least 24 hours prior to the meeting. The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER: ROLL CALL: Brian Pepin (Via Teleconference), Caylin Frank, Peter De Hoff, Barry Leonard, Steve Vaus PLEDGE OF ALLEGIANCE: MOMENT OF SILENCE: PRESENTATION: None PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to 3 of 5 Regular City Council Meeting January 17, 2023 discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes. Speakers have one opportunity to address the Council under Public Comment. CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion. 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda COUNCIL ACTION: Approved 5/0 2. Approval of the December 6, 2022 Regular City Council Meeting Minutes COUNCIL ACTION: Approved 3/0/2 (Abstained: Councilmember Pepin, Councilmember De Hoff) 3. Adoption of Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic COUNCIL ACTION: Approved 5/0 4. Agreement with HASA, Inc., for the Supply of Chemicals for the Poway Swim Center, Bid 23- 005 COUNCIL ACTION: Approved 5/0 5. Acceptance of the 2022-23 Citywide Striping Project; Bid No. 22-012, with Statewide Stripes, Inc., as Complete COUNCIL ACTION: Approved 5/0 ORDINANCES FOR INTRODUCTION: None PUBLIC HEARINGS: 6. Tentative Tract Map (TTM) 22-0002; a Request for Approval of the First One-Year Time Extension for a Previously Approved Subdivision (TTM18-005) City Manager’s Recommendation: It is recommended the City Council take public input, close the public hearing and adopt the Resolution. COUNCIL ACTION: Approved 5/0 7. Second Reading and Adoption of Ordinance 859 entitled “An Ordinance of the City Council of the City of Poway, California, Amending Poway Municipal Code (PMC) Title 15, Adopting by Reference the 2022 California Building Standards Codes, with Local Amendments” City Manager’s Recommendation: It is recommended the City Council take public input, close the public hearing and adopt Ordinance No. 859. COUNCIL ACTION: Approved 5/0 STAFF REPORTS: 8. Approval of Agreement with Charlie’s Classic Cooking to Provide Catering Services for the Older Adult Congregate Meal Program at the Mickey Cafagna Community Center 4 of 5 Regular City Council Meeting January 17, 2023 City Manager’s Recommendation: It is recommended the City Council approve the Agreement and authorize the City Manager to execute all necessary documents associated with the Agreement between the City of Poway and Charlie’s Classic Cooking to provide meal service for the Older Adult Congregate Meal Program at the Mickey Cafagna Community Center. COUNCIL ACTION: Approved 5/0 9. Approving a CalPERS 180-day Waiting Period Exception to Hire a Retired Annuitant City Manager’s Recommendation: It is recommended the City Council approve the resolution waiving the 180-day waiting period to hire a retired annuitant pursuant to Government Code Section 7522.56 and 21221(h). COUNCIL ACTION: Approved 5/0 WORKSHOPS: None COUNCIL-INITIATED ITEMS: None COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) Council made announcements. No action was taken. CITY MANAGER ITEMS: None CITY ATTORNEY ITEMS: CLOSED SESSION: 10. Conference with Legal Counsel – Anticipated Litigation Government Code § 54956.9(d)(2) – one (1) case 11. Conference with legal counsel—Existing litigation (Government Code § 54956.9(d)(1)) Two (2) Cases; Pina Smoothies, et. al. v. City of Poway, San Diego Superior Court Case Nos. 37-2020- 00018626 & 37-2020-00042487 COUNCIL ACTION: City Council voted 5/0 to authorize City Manager to effectuate settlement of both cases. ADJOURNMENT: 8:40 p.m. 5 of 5 Regular City Council Meeting January 17, 2023 State of California ) ) ss. AFFIDAVIT OF POSTING County of San Diego ) I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and provided on January 10, 2023. Said meeting to be held at 7:00 p.m., January 17, 2023, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. ____________________________________________________ Carrie Gallagher, CMC, City Clerk