2023 11-07CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
November 7, 2023
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;
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, 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
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
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PUBLIC COMMENT
James Voss spoke regarding traffic and safety related concerns pertaining to Candy Cane Lane.
Ray Jalisi spoke regarding residential noise concerns related to The Farm development.
Heather Jalisi spoke regarding mitigation efforts and noise related concerns at The Farm
development.
Mike M. spoke regarding concerns of political 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:
Pepin, De Hoff, Edmondson, Frank, Vaus
Noes:
None
Abstained:
None
Absent:
None
Disqualified:
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:
De Hoff, Edmondson, Frank, Vaus
Noes:
Pepin
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. Award of Consultant Agreement to NBS Government Finance Group for Landscape
Maintenance Districts Assessment and Re -Engineering Services and Appropriation of Funds
to 400060-41200
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 (F2410) 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.
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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
Ordinance No. 863, which must be passed by a four -fifths (4/5)
immediately without the need for any further action by the City
waiting period. Motion carried unanimously.
WORKSHOPS
None.
COUNCIL -INITIATED ITEMS
None.
to adopt Urgency
vote, to take effect
Council or 30-day
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C.
53232(d))
Councilmember Pepin noted having attended the 10th annual Poway Heroes Softball Game and
recognized 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
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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.
Carrie Gallagher, CMC
City Clerk
City of Poway, California
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