Cities Index.
Minutes, first session

Poway City Council
October 17, 2023

Document
Minutes, first session
Meeting
October 17, 2023
Body
Poway City Council
Pages
14
Original file
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Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

October 17, 2023, Item #2
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

October 17, 2023
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
(858) 668-4535 or [email protected]

CITY COUNCIL
SUBJECT: Approval of the July 18, 2023, and August 1, 2023 Regular City Council Meeting Minutes
Summary
The City Council Meeting Minutes submitted hereto for approval are:
• July 18, 2023 Regular City Council Meeting Minutes
• August 1, 2023 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 July 18, 2023, and August 1, 2023 Regular City Council Meeting Minutes.

Public Notification:

None.

Attachments:

A. July 18, 2023 Regular City Council Meeting Minutes
B. August 1, 2023 Regular City Council Meeting Minutes
Reviewed/Approved By:

We~aserman
Assistant City Manager
1 of 14
Reviewed By:

Alan Fenstermacher
City Attorney
Appro::dABJ~
Ch~
City Manager
October 17, 2023, Item #2
NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting.

CITY OF POWAY

CITY COUNCIL REGULAR MEETING

MINUTES
July 18, 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, Caylin Frank, Steve Vaus

STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Bob Manis; Interim Director of Finance Tim McDermott; 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 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.
2 of 14 ATTACHMENT A
October 17, 2023, Item #2
City
of
Poway
-
Minutes
-
July
18,
2023
PUBLIC

COMMENT
Yuri
Bohlen
spoke
in
support
of
Poway
holding
two
4 th
of
July
firework
shows.

Mayor
Vaus
read
a
note
received from
resident,
Dick
Lyles,
complimenting
the
Fire
Department.

CONSENT

CALENDAR
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Pepin
to
approve
Consent
Calendar
Items
1 through

6. Motion
carried
4/0
by
the
following
roll-call
vote:

Ayes: Noes: Abstained: Absent: Disqualified:

Pepin,
De
Hoff,
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. Approval
of
the
May
2,
2023
Regular
City
Council
Meeting
Minutes

3. Second
Reading
and
Adoption
of
Ordinance
860
entitled
"An
Ordinance
of
the
City
Council
of
the
City
of
Poway,
California,
Adding
Chapter

8.26 to
Title
8 (Health
and
Safety)
of
the
Poway
Municipal
Code
Establishing
Regulations
for
Camping
and
Storage
of
Personal
Property
in
Public
Areas"
Speaking
on
Item
3,
Maria
Hernandez,
representing
RUN
(Resident
United
Network
of
California)
spoke
in
opposition
to
Ordinance
860
and
advocated
for
local
affordable
housing
options. Speaking
on
Item
3,
Yuri
Bohlen
voiced
support
for
both
Ordinance
860
and
mental
health
assistance
programs
for
the
unhoused
population.

4. Award
of
Agreement
to
Ocean
Blue
Environmental
Services
Inc.,
for
As-Needed
Hazardous
Waste
Cleanup
and
Disposal
Services;
RFP
No.
23-013

5. Approval
of
Consultant
Agreement
with
Sillman
Wright
Architects
for
the
Poway
Center
for
the
Performing
Arts
Facility
Maintenance
Design
Project;
RFP
No
.
22-003,
to
provide
Architectural
and
Engineering
Design
Services
for
comprehensive
maintenance
and
rehabilitation,
and
Appropriation
of
Additional
Funds

6. Approval
of
License
Agreement
between
the
City
of
Poway
and
OpenGov
(formerly
Cartegraph
Systems
LLC)
for
Software
Licensing,
Technical
Support
and
Maintenance

ORDINANCES
FOR

INTRODUCTION
None
.

PUBLIC
HEARINGS:
3 of
14 October 17, 2023, Item #2
City of Poway -Minutes -July 18, 2023

7. Resolution Renewing the Fire Protection Special Tax to be Collected on the Property Tax Roll for Fiscal Year 2023-24
Mayor Vaus opened the public hearing at 7:10 p.m.

Finance Manager Mehrnoush Jamshidi presented the item. She stated, the City must renew its Fire Protection Special Tax as required by the County of San Diego to be placed on the property Tax Roll. Ms. Jamshidi noted the tax was originally approved by an 84% vote of the people back in 1997. She added the tax can only be spent on fire protection including personnel and equipment, she provided calculation methodologies and explained the amount to be collected hasn't changed since its adoption which remains at $3.12 per point. Ms.

Jamshidi added the estimated total tax to be collected is $647,000 and concluded by stating approval of the item would authorize collection of up to $700,000 which would ensure the authorized amount will not be exceeded if further additions to the property tax roll are made.

Public Comment:

None.

End of Public Comment.

Mayor Vaus closed the public hearing at 7: 12 p.m.

Council discussion ensued. Ms. Jamshidi confirmed tonight's action by Council will not increase taxes but rather is required to add the Special Tax onto the County Tax Roll.

Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 23-035 entitled "Renewing the Fire Protection Special Tax to be Collected on the Property Tax Roll for Fiscal Year 2023-24". Motion carried unanimously.

Items 8 -14 -Resolutions Establishing Assessments for Poway Landscape Maintenance Districts 83-1, 86-1, 86-2, 86-3, 87-1, 19-1 and the Poway Lighting District.

MayorVaus opened the public hearings for Items 8 through 14 at 7:12 p.m.

Senior Management Analyst Danielle McIntosh presented the report along with a PowerPoint presentation for Items 8 through 14. She explained the Public Hearing is to consider approval of the annual levy to collect assessments for the City of Poway's six (6) Landscape Maintenance Districts (LMD) and Poway Lighting District (PLO) in accordance with the Landscape and Lighting Act of 1972 and Proposition 218. Ms. McIntosh stated the assessment rates and service levels for Fiscal Year 2023-24 are proposed to remain unchanged from Fiscal Year 2022-23 with the exceptions of LMD 86-2B and 86-3B, which will increase by the annual change in CPI at 7.71%, and LMD 19-1 including a 3% inflator cap on the annual change in CPI and will increase by 3%. The landscape maintenance service levels for each LMD will remain at their current level.

Ms. McIntosh stated the PLO has three zones and noted assessments from Zone A and B fund street lighting throughout the City and assessments from Zone C fund maintenance and operation of traffic signals, flashing beacons and related equipment. The assessments for the PLO are to remain unchanged from Fiscal Year 22 to 23 for all three zones. 4 of 14
October 17, 2023, Item #2
City
of
Poway
-
Minutes
-
July
18,
2023
Public
Comment:

None. End
of
Public
Comment.

Mayor
Vaus
closed
the
public
hearings
for
Items
8 through
14 at
7:15
p.m.

8. Resolution
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
83-1
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2023-24
Motioned
by
Councilmember
Pepin,
seconded
by
Councilmember
De
Hoff
to
adopt
Resolution
No.
23-036
"A
Resolution
of
the
City
Council
of
the
City
of
Poway,
California,
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
No.
83-1
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2023-24"
Motion
carried
unanimously.

9. Resolution
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
86-1
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2023-24
Motioned
by
Councilmember
Pepin,
seconded
by
Councilmember
De
Hoff
to
adopt
Resolution
No.
23-037
"A
Resolution
of
the
City
Council
of
the
City
of
Poway,
California,
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
No.
86-1
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2023-24"
Motion
carried
unanimously.

10. Resolution
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
86-2
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2023-24
Motioned
by
Councilmember
Pepin,
seconded
by
Councilmember
De
Hoff
to
adopt
Resolution
No.
23-038
"A
Resolution
of
the
City
Council
of
the
City
of
Poway,
California,
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
No.
86-2
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2023-24".

Motion
carried
unanimously.
11 . Resolution
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
86-3
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2023-24
Motioned
by
Councilmember
Pepin,
seconded
by
Councilmember
De
Hoff
to
adopt
Resolution
No.
23-039
"A
Resolution
of
the
City
Council
of
the
City
of
Poway,
California,
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
No.
86-3
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2023-24"
Motion
carried
unanimously.

12. Resolution
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
87-1
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2023-24
Motioned
by
Councilmember
Pepin,
seconded
by
Councilmember
De
Hoff
to
adopt
Resolution
No.
23-040
"A
Resolution
of
the
City
Council
of
the
City
of
Poway,
California,
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
No.
87-1
to
be
5 of
14 October 17, 2023, Item #2
City of Poway -Minutes -July 18, 2023
Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24" Motion carried unanimously.

13. Resolution Establishing Assessments for Poway Landscape Maintenance District 19-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24 Motioned by Councilmember Pepin, seconded by Councilmember De Hoff to adopt Resolution No. 23-041 "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District No. 19-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24" Motion carried unanimously.

14. Resolution Establishing Assessments for Poway Lighting District to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24
Motioned by Councilmember Pepin, seconded by Councilmember De Hoff to adopt Resolution No. 2023-042 "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Lighting District To be Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24" Motion carried unanimously.

15. An Ordinance of the City of Poway relinquishing an approximate 0.07-acre portion of an existing City-owned trail easement in exchange for approximately 0.07-acres of new trail easement (Assessor Parcel Number 273-102-01-00) and determining that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15061 (b)(3) Mayor Vaus opened the public hearing at 7: 17 p.m.

City Engineer Tracy Beach presented the report along with a PowerPoint presentation. She detailed the property location and explained the actual trail that is shown does not match the City's trail easement and pointed out a slight bend in the easement through the citrus orchard.

Ms. Beach stated the owners and neighbors of the property reached out to the City requesting trail fencing to encourage trail users to stay out of the orchard and on the trail. Staff evaluated the concern and agreed that fencing along the trail would be appropriate. Since fencing would involve placement within a San Diego County Water Authority easement, it was necessary to request approval from the San Diego County Water Authority. She noted at this time it was discovered the actual trail and use do not match the trail easement and needed to be corrected.

Ms. Beach explained the Poway Municipal Code allows relinquishment of a city trail easement by ordinance requiring a 4/5 vote of City Council provided special findings can be made. The findings, she concluded, are that along with the release of the portion of the trail easement in exchange for easement of equal size and quality for trail purposes is being transferred to the City concurrent with the easement vacation. The easement area exchanged would be in the location where the actual current trail exists.

Ms. Beach noted having received no public opposition to the request.

Public Comment:

None.
6 of 14
October 17, 2023, Item #2
City
of
Poway
-
Minutes
-
July
18,
2023
End
of
Public
Comment.

Mayor
Vaus
closed
the
public
hearing
at
7:21
p.m.

As
requested
by
the
Mayor,
City
Clerk
Gallagher
titled
the
Ordinance.

Ayes: Noes: Abstained: Absent: Disqualified:

Leonard,
Frank,
Grosch,
Mullin,
Vaus
None None None None
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
De
Hoff
to
introduce
Ordinance
No.
861
entitled
"An
Ordinance
of
the
City
Council
of
the
City
of
Poway,
California,
Pursuant
to
Section

16.16.110
of
the
Poway
Municipal
Code
Relinquishment
of
Trail
Easement
(APN
273-102-01-00)"
waive
further
reading
and
schedule
adoption
of
the
Ordinance
for
August
15,
2023.

The
Ordinance
must
be
approved
by
a
four-fifths
vote
of
the
City
Council.

Motion
carried
unanimously.

STAFF
REPORTS:

16. City
Council
District
2 Vacancy
-
Application
Review
and
Interviews
City
Attorney
Alan
Fenstermacher
presented
the
report.

He
explained
, as
directed
by
Council
resulting
from
the
June
2, 2023,
resignation
of
Councilmember
Leonard,
a
notice
of
vacancy
in
District
2 was
issued.

He
added
the
notice
included
instructions
to
sign
an
attestation
stating
that
if appointed
by
Council
to
the
vacancy
, the
applicant
would
not
run
for
election
in
the
2024
General
Municipal
Election
. He
noted
eigh
t applications
had
been
received
and
all
had
been
verified
as
residing
in
District

2. He
added
each
applicant
would
be
given
three
minutes
tonight
to
present
to
Council
in
favor
of
their
appointment
and
stated
following
the
presentations,
Council
could
either
appoint
an
individual
tonight,
or
continue
the
item
to
August

1. He
concluded
by
stating
August
1 would
be
the
last
day
to
either
appoint
or
call
a
special
election.

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

1. Richard
Zampell

2. Matthew
Ficco

3. Carl
Browning

4. Vanessa
Springett

5. Robert
Polston

6. Anita
Edmondson

7. Peter
Babich

8. Marc
Hennen
Applicant
Matthew
Ficco
was
unable
to
attend
the
meeting.

Council
discussion
ensued
centered
around
the
qualities
they
are
looking
for
in
a
candidate.

Applicants
were
commended
and
thanked
for
their
interest
in
the
position
.
7 of
14 October 17, 2023, Item #2
City
of
Poway
-
Minutes
-
July
18,
2023
Public
Comment:

Nick
Carruthers
spoke
regarding
the
qualities
he
deemed
most
important
in
a
candidate.

Yuri
Bohlen
commended
the
applicants
and
voiced support
for
a
District
2 appointment.

End
of
Public
Comment
.

Council
discussion
ensued
. Consensus
was
reached
naming
Anita
Edmondson
as
uniquely
qualified
to
serve
on
the
Council,
her
history
of
community
engagement,
social
networking
,
familiarity
with
the
community,
involvement
with
the
Poway
Chamber
of
Commerce
and
the
Green
Valley
Civic
Association
were
all
included
as
unique
qualifications
.

Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Pepin
to
appoint
Anita
Edmondson
to
fill
the
vacant
District
2 City
Council
seat
to
serve
until
the
current
District
2 term
ends
following
the
results
of
the
November
5,
2024
General
Election.

Motion
carried
unanimously.

WORKSHOPS None. COUNCIL-INITIATED
ITEMS:

None
.

COUNCIL

COMMITTEE

REPORTS
and
ANNOUNCEMENTS:

Pursuant
to
AB1234
-
(G.C
.
53232(d)) Director
of
Public
Works
Eric
Heidemann
provided
an
update
on
the
San
Diego
County
Water
Authority. Councilmember
De
Hoff
noted
having
recently attended
a
Regional
Solid
Waste
Association
(RSWA)
meeting.

He
mentioned
the
passage
of
Senate
Bill
777,
a
modification
of
the
grocery
bag
fee
program
and
he
encouraged
the
public
to
take
old
batteries
to
recycling
centers
rather
than
place
them
into
the
trash
.

Council
thanked
Poway
Public
Safety
staff
for
their
work
on
a
recent
gas
main
incident.

Council
praised
the
expediency
and
composure
of
their
response
in
preventing
a
potentially
dangerous
situation
.

Mayor
Vaus
recognized
the
passing
of
Poway
resident
Bill
McKibbin
.

He
remarked
on
his
contributions
to
the
City
and
local
Veterans
noting
Mr
. McKibbin
founded
and
served
as
President
of
the
Poway
Veterans
Organization
.

Mayor
Vaus
added
the
annual
Poway
Veterans
Organization
Golf
Tournament
will
be
renamed
the
Bill
McKibbin Memorial
Golf
Tournament
in
his
honor.

CITY

MANAGER
ITEMS
None. 8
of
14 October 17, 2023, Item #2
City of Poway -Minutes -July 18, 2023
CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session) None.

CLOSED SESSION
None.

ADJOURNMENT
Mayor Vaus adjourned the meeting at 8:07 p.m. in honor of Poway Resident Bill McKibbin and his family.
9 of 14
Carrie Gallagher, CMC
City Clerk
City of Poway, California
October 17, 2023, Item #2
NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting.

CITY OF POWAY

CITY COUNCIL REGULAR MEETING

MINUTES
August 1, 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, 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 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 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
Oath of Office for New Councilmember
City Clerk Gallagher administered the Oath of Office to newly appointed Councilmember Anita Edmondson.

Mayor Vaus recessed the meeting at 7:08 p.m. for a brief reception in the Chambers Foyer.· 10 of 14 ATTACHMENT B
October 17, 2023, Item #2
City
of
Poway
-
Minutes
-
August
1,
2023
CALL
TO
ORDER
Mayor
Vaus
reconvened
the
meeting
at
7:
17 p.m.

ROLL
CALL

Present:

Brian
Pepin
, Peter
De
Hoff
, Anita
Edmondson,
Caylin
Frank,
Steve
Vaus
City
Manager
Chris
Hazeltine
introduced
Judy
B. Tran
as
the
new
Director
of
Finance.

PUBLIC

COMMENT
Terri
Sorensen
of
the
Poway
Neighborhood
Emergency
Corps
(PNEC)
, spoke
about
the
Neighbor
Helping
Neighbor
Program
and
PNEC
events
. Ms.

Sorensen
introduced
new
Board
Member
Mike
DeGraw
who
stated
his
primary
role
in
the
organization
would
be
emergency
communication
efforts. Stephen
Tregoning
spoke
regarding
preservation
, maintenance
and
growth
of
mountain
bike
trails
within
Poway.

Ben
Stone,
Trails
Coordinator
speaking
on
behalf
of
the
San
Diego
Mountain
Bikers
Association
spoke
regarding
the
importance
of
the
Sycamore
Canyon
trail
connection
along
Scripps
Poway
Parkway
and
support
for
maintaining
this
access
as
part
of
the
County's
Sycamore
Canyon
Public
Access Plan. Trent
Selbrede
spoke
in
support
of
preservation
of
the
Sycamore
Canyon
trail
plan
and
requested
the
Council's
endorsement
to
keep
the
access
and
connectivity
as
part
of
the
Sycamore
Canyon
Public
Access
Plan.

He
offered
his
time
and
service
to
maintain
the
trails
through
its
adoption.

Mayor
Vaus
noted
the
City's
support
for
access
and
connectivity
through
the
Sycamore
Canyon
Public
Access
Plan
.

CONSENT

CALENDAR
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Pepin
to
approve
Consent
Calendar
Items
1 through

8. Motion
carried
5/0
by
the
following
roll-call
vote:

Ayes: Noes: Abstained: Absent
:

Disqualified:

De
Hoff,
Edmondson,
Pepin,
Frank,
Vaus
None None None None

1. Approval
of
Reading
by
Title
Only
and
Waiver
of
Reading
in
Full
of
Ord
inances
on
this
Agenda

2. Approval
of
the
May
16,
2023
Regular
City
Council
Meeting
Minutes

3. First
Amendment
to
the
Exclusive
Negotiating
Rights
Agreement
with
Wakeland
Housing
&
Development
Corporation
for
the
Monte
Vista
Affordable
Housing
Development
Project
(APN
275-460-61)
11 of
14 October 17, 2023, Item #2
City of Poway -Minutes -August 1, 2023

4. Authorization to Purchase Two (2) Cab and Chassis through the GM Government Bid Assistance Program with Two (2) Utility Bodies by Open Market Competitive Bid, One (1) Loader Utilizing Sourcewell Cooperative Purchasing Program Contract #032119-CNH, One (1) Roller Utilizing Sourcewell Cooperative Purchasing Program Contract #032119-VCE, One (1) Skid Steer Utilizing Sourcewell Cooperative Purchasing Contract #040319-CEC, One (1) Ram Fire Command Vehicle Utilizing Sourcewell Cooperative Purchasing Program Contract #091521-NAFG, One (1) Ram Fire Utility Pickup Truck Utilizing Sourcewell Cooperative Purchasing Program Contract #091521-NAF and Appropriation of Funds Mayor Vaus speaking on Item 4, noted he was hopeful to keep the vehicle purchases in Poway but received no local bids.

5. Award of Contract to Fordyce Construction, Inc., for the FY 2022-23 ADA Barrier Removal - Community Park Project, Bid No. 23-010, Appropriation of Additional Funds and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)

6. Award of Contract to Tri-Group Construction and Development, Inc., for the Starridge Park and Community Park Pathways Extension project, Bid No. 23-011, Appropriation of Additional Funds and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)

7. Acceptance of the Poway Swim Center Artificial Turf Installation Project with Synlawn as Complete
Councilmember Pepin spoke on Item 7, he praised City staff on the completion of the project.

8. Adopt a Resolution to Return to Water Shortage Level 1 Voluntary Water Measures and Rescind Resolution No. 22-034

ORDINANCES FOR INTRODUCTION
None.

PUBLIC HEARINGS:

9. 2022 Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's Roll for Fiscal Year 2023-2024
Mayor Vaus opened the public hearing at 7:31 p.m.

Director of Development Services Bob Manis presented the item. He described the Weed Abatement Program and explained Council action will allow the cost of the abatement to be placed on next year's Tax Roll. He added the City sent out 246 notices to private property owners, and only had to perform weed abatement on 13 of those properties. He noted, five of the properties have already paid their invoices therefore eight properties will have the abatement costs added to their property tax bill for next year. Mr. Manis explained the assessment includes the cost of the abatement work plus a $175 administrative fee according to the City's Master Fee Schedule.
12 of 14
October 17, 2023, Item #2
City of Poway -Minutes -August 1, 2023
Public Comment:

None.

End of Public Comment.

Mayor Vaus closed the public hearing at 7:32 p.m.

Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 23-045 entitled "Approving the 2022 Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's Roll for Fiscal Year 2023-2024." Motion carried unanimously.

STAFF REPORTS:

10. Resolution Approving a New Lease Agreement with Hamburger Factory, Inc., and First Amendment Transferring the Lease to Cheeseburgers in Poway, LLC Director of Community Services Audrey Denham presented the item. Ms. Denham provided some background on the item, recognizing the Spear family as the owners and operators of the Hamburger Factory for the past 25 years. Ms. Denham read a letter from the Spear family in support of the sale noting the decision was made to ensure the legacy of the Hamburger Factory and continue its business and community ties with the City of Poway.

Ms. Denham explained the City is responsible for vetting and approving the transfer of the lease agreement since the building is owned by the City. The applicant, Mr. Josh Arbenz, provided a business plan that demonstrated financial strength and experience. She added he met with Council and staff to discuss his vision in detail noting he grew up in Poway and included highlights from his business plan, including, updating the business, modernizing the menu; maintaining the existing customer base while attracting new clientele; improving the business website, social media, and online ordering systems, sponsoring local youth sports teams and hosting gatherings, and emphasize hiring and keeping exceptional staff.

Ms. Denham described the new City-negotiated lease agreement, highlighting some notable changes including terms. Upon the sale of the Hamburger Factory business, the Spear family is responsible for paying the Poway Emergency Assistance Recovery Loan and unpaid rent.

Beginning August 1, 2024, Mr. Arbenz will be responsible for interior and exterior repair and maintenance of the building and the City's repair and maintenance responsibilities will be limited. Upon City approval the Spear family and Mr. Arbenz can finalize the sale of the business. She noted City staff will work closely with Mr. Arbenz to notify the public to ensure a smooth transition.

Public Comment:

None.

End of Public Comment.

Council discussion ensued. Council responded positively to the proposed business plan and expressed their excitement for the proposed changes to renew and revitalize the business. 13 of 14
October 17, 2023, Item #2
City of Poway -Minutes -August 1, 2023
Council noted the applicant's willingness to carry on the legacy of the Spear Family with community involvement and to embrace the Old Poway Park aesthetic.

Motioned by Mayor Vaus, seconded by Councilmember Pepin to adopt Resolution No. 23-046 "Approving an Amended Lease Agreement with Hamburger Factory, Inc., and the First Amendment Transferring the Lease to Cheeseburgers in Poway, LLC," and authorize the City Manager to execute all necessary documents related to the Agreement. Motion carried unanimously.

WORKSHOPS
None.

COUNCIL-INITIATED ITEMS:

None.

COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
Councilmember Pepin echoed support for trail connectivity and provided an update on the recent San Dieguito River Park Joint Powers Association meeting noting approval to move forward with a connection of the Osuna Trail segment.

Mayor Vaus thanked the San Diego County Sheriff's Department and Poway Fire Department for hosting the National Night Out community event at Lake Poway.

Mayor Vaus provided an update on the San Diego Association of Governments (SANDAG), including the resignation of SANDAG Chief Executive Officer.

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 7:45 p.m.
14 of 14
Carrie Gallagher, CMC
City Clerk
City of Poway, California

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