2022 07-19CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
July 19, 2022
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: Barry Leonard, Caylin Frank, Dave Grosch, John Mullin, Steve Vaus
STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan
Fenstermacher; City Clerk Carrie Gallagher; Development Services Director Bob Manis; Human
Resources and Risk Management Director Jodene Dunphy; Director of Public Works Eric
Heidemann; Fire Chief Jeff Chumbley; Captain Karla Menzies, 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
Deputy Mayor Mullin led the Pledge of Allegiance.
MOMENT OF SILENCE
Mayor Vaus led a moment of silence and spoke in memory of Cleta Spear, owner of the
Hamburger Factory and wife of the deceased Phil Spear.
PRESENTATIONS
None.
City of Poway — Minutes — July 19, 2022
PUBLIC COMMENT
Terri Sorensen and Vickie Hoey, volunteers with Poway Neighborhood Emergency Corps spoke
regarding having received the award of two separate grants and shared which programs will be
supported with the money. Additionally, Ms. Hoey provided information on upcoming community
emergency education meetings.
Yuri Bohlen spoke in support of Poway holding two 41h of July firework shows.
Janine Podesta, via teleconference spoke regarding LGBTQIA topics.
Lori Grennan spoke regarding Poway habitat preservation.
CONSENT CALENDAR
Motioned by Councilmember Frank, seconded by Councilmember Grosch to approve
Consent Calendar Items 1 through 3. Motion carried 5/0 by the following roll -call vote:
Ayes: Leonard, Frank, Grosch, Mullin, Vaus
Noes: None
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. Approval of the May 17, 2022 Regular City Council Meeting Minutes
3. Adoption of Resolution No. 22-050 entitled "A Resolution of the City Council of the City of
Poway, California, Finding and Declaring the Continued Existence of an Emergency within
the City due to the Novel Coronavirus (COVID-19) Global Pandemic"
ORDINANCES FOR INTRODUCTION
None.
ORDINANCES FOR ADOPTION
None.
PUBLIC HEARINGS:
4. Environmental Assessment, Tentative Tract Map (TTM) 21-003, and Development Review
(DR) 21-002, a Request for a 20-Lot Single -Family Residential Subdivision and The
Construction of 20 Single -Family Dwelling Units at 13667 Twin Peaks Road
Mayor Vaus opened the public hearing at 7:14 p.m.
Senior Planner, Austin Silva presented the item along with a PowerPoint presentation. He
provided the site location, size, zoning, an overview of the surrounding area, and included
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City of Poway — Minutes — July 19, 2022
historical and current uses of the land. Mr. Silva shared the applicant's proposed one and two-
story design plans, architectural style and building features. The findings of a sight distance
traffic study were discussed including ingress and egress, sight distance limitations and the
addition of a pedestrian access to include trees with decorative streetlights. Mr. Silva
explained the project includes one affordable housing unit making it eligible for a 20% density
increase pursuant to state density bonus law, which mandates the City to grant the requested
waivers. He noted the developer has requested five waivers and provided details of each.
Concerns raised by residents at a previous Predevelopment Conference and neighborhood
meeting were discussed including traffic safety, drainage issues, the effect on adjacent
neighborhoods due to smaller lots with reduced setbacks and potential impacts to biological
and cultural resources. It was noted the California Department of Fish and Wildlife finding that
with the implementation of the mitigation measures, the impacts to biological and cultural
resources will be reduced to a less than significant level.
City Attorney Alan Fenstermacher stated the project is submitted as a density bonus project
under California State law and explained the developer is entitled to extra density based on a
formula established by state statute. He noted the developer proposes 5% of the development
to include one affordable housing unit, and in turn entitling the developer to a 20% bonus
which here equals four extra lots. Mr. Fenstermacher stated that under California State law,
the developers are entitled to incentives, concessions and unlimited waivers from
development standards and the standard for granting those waivers is whether or not without
the waiver the project would be physically precluded from going forward.
Applicant Jack Robson, VP, Land and Development of Cornerstone Communities introduced
Cornerstone staff, Jaime Stark spoke on Architecture and John Howard spoke regarding
Landscaping.
Public Comment
The following citizens spoke in opposition to the development: Allan Preckel, Jim Bunner,
Keith Kezer, Joe St. Lucas, Carolyn Zona and Donna Kent.
The following speakers spoke with a neutral stance on the development: Yuri Bohlen, Via
Teleconference Fred Zuill and David Johnson.
End of Public Comment.
Mayor Vaus closed the public hearing at 8:00 p.m.
Council discussion ensued over concerns regarding drainage impacts on Holly Oak Way, Fire
Department access and evacuation. Design criteria being consistent with Poway Municipal
Code, traffic capacity on Midland Road, traffic analysis and speed study were also discussed.
Also discussed were waiver requests, as well as interior versus exterior access to casitas.
Council's understanding from the Predevelopment conference was casitas would only be
accessed from the interior, however the developer stated access would also be from the
exterior. There was additional discussion regarding entering and exiting construction traffic,
hours of construction and its effect on school traffic and safety were noted. Council suggested
the developer create an informational website to keep residents informed. Council also stated
the proposed pathway through Holly Oak Way was problematic. Density Bonus Law and
questions regarding the management of the affordable housing unit.
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City of Poway — Minutes — July 19, 2022
Motioned by Councilmember Frank, seconded by Councilmember Leonard to adopt
Resolution No. 22-051 entitled, "A Resolution of the City Council of the City of Poway,
California, Adopting A Mitigated Negative Declaration for Tentative Tract 21-003 and
Development Review 21-002 Assessor Parcel Number 314-192-02" and adopt
Resolution No. 22-052 entitled, "A Resolution of the City Council of the City of Poway,
California Approving Tentative Tract Map 21-003 And Development Review 21-002,
Allowing for A 20-Lot Subdivision and The Construction Of 20 Single -Family Dwelling
Units (Assessor Parcel Number 314-192-02)." Motion carried 3/2, Councilmember
Grosch and Mayor Vaus voting NO.
Ayes:
Leonard, Frank, Mullin
Noes:
Grosch, Vaus
Abstained:
None
Absent:
None
Disqualified:
None
5. 2021 Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's
Roll for Fiscal Year 2022-2023
Mayor Vaus opened the public hearing at 9:02 p.m.
City Planner David De Vries presented the item. He explained the item pertains to private
properties in which the City performed weed abatement and Council's action will place the
costs of the weed abatement performed by the City's contractor on next year's tax roll for the
effected properties. He explained the City sent out 214 notices to property owners and of
those property owners, 18 elected to have the City contractor perform weed abatement on
their properties. Those property owners can elect to pay the bill for the weed abatement or
have the costs added to their properties tax bill. He noted of the 18 properties, 14 paid their
invoices and four will have the abatement cost added to their property tax bill for next year.
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the public hearing at 9:04 p.m.
In response to Council questioning, City Planner De Vries stated notifications received via the
City App regarding concerns of overgrowth in Poway are forwarded to the City Code
Compliance division for review and are acted on accordingly.
Motioned by Mayor Vaus, seconded by Councilmember Frank to adopt Resolution No.
22-053 entitled, "A Resolution of the City Council of the City of Poway, California,
approving the 2021 Weed and Nuisance Abatement charges to be collected on the
county tax assessor's roll for Fiscal Year 2022-2023." Motion passed unanimously
6. Resolution Renewing the Fire Protection Special Tax to be Collected on the Property Tax Roll
for Fiscal Year 2022-23
Mayor Vaus opened the public hearing at 9:06 p.m.
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City of Poway — Minutes — July 19, 2022
Finance Manager Mehrnoush Jamshidi presented the item. She stated the City is required by
the County Assessor to renew the City's fire protection special tax to be collected on this year's
property tax roll. The special tax was approved by 84% of the voters in 1997 and it is to be
used for fire protection including personnel and equipment.
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the public hearing at 9:08 p.m.
In response to Council questioning, City Attorney Fenstermacher stated any change to the
existing Fire Protection Special Tax would need to be approved by the voters and Finance
Manager Jamshidi concurred that a yes vote by Council is not raising the tax just affirming it
and moving it forward to be included on the property tax roll.
Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to adopt Resolution No.
22-054 entitled, "A Resolution of The City Council of The City of Poway, California,
Renewing the Fire Protection Special Tax to Be Collected on The Property Tax Roll for
Fiscal Year 2022-23." Motion passed unanimously
STAFF REPORTS:
7. Various Personnel Related Requests to Include Establishing a New Job Classification,
Approving a CaIPERS 180-day Waiting Period Exception to Hire a Retired Annuitant, and
Adopting the Salary Schedule for the Poway Firefighters' Association Pursuant to the Current
Six -Year Memorandum of Understanding
Director of Human Resources and Risk Management Jodene Dunphy presented the item. She
stated the first request is for a new classification of Interpretive Services Coordinator in the
Community Services Department. She noted staff is not asking for a new position or FTE only
that a new classification be added to the City's position classification plan and non -safety
salary table allowing for the Recreation Coordinator position to be reclassified to an
Interpretive Services Coordinator at the same level and same pay grade. Ms. Dunphy stated
the second request is to waive the 180-day waiting period established by CalPERS to re-
employ, as a retired annuitant, the retiring senior accounting technician following her planned
retirement in August. This is to insure there is no gap in service while the City recruits for the
position and allow an opportunity for the retiring senior accounting technician to provide
training in this very specialized area. Lastly, Ms. Dunphy noted the Poway Firefighters
Association (PFA) is in the second year of a six -year contract with the City, as required by
CalPERS, the City Council must publicly approve the salary schedule that was effective July
1, 2022, reflecting the PFA's three and a half percent salary increase.
Public Comment.
None.
End of Public Comment.
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City of Poway — Minutes — July 19, 2022
Motioned by Mayor Vaus, seconded by Councilmember Frank to 1) adopt Resolution
No. 22-057 entitled, "A Resolution of The City Council of The City of Poway, California,
Approving The City of Poway Position Classification Plan and The Non -Safety Salary
Schedule, and 2) adopt Resolution No. 22-056 entitled, "A Resolution Of The City
Council of The City of Poway, California, for A 180-Day Waiting Period Exception To
Hire A Retired Annuitant Pursuant to Government Codes Sections 7522.56 and 21224;
and 3) adopt Resolution No. 22- 055 entitled, "A Resolution of The City Council of The
City of Poway, California, Approving The Salary Schedule for The Poway Firefighters'
Association". Motion passed unanimously.
WORKSHOPS
None.
COUNCIL -INITIATED ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C.
53232(d))
Councilmember Leonard announced the August 6 Kiwanis Pancake Breakfast held in benefit of
Feeding San Diego, the San Diego Food Bank and Poway's local food bank, The Community
Food Connection located behind Trinity Church on Twin Peaks.
Councilmember Frank invited the community to participate to National Night Out on August 2 to
be held in the Poway Sheriff Station parking lot.
Mayor Vaus paid tribute to the Spear family and expressed his condolences on the passing of
Cleta Spear.
CITY MANAGER ITEMS
None
CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session)
None.
ADJOURNMENT
The meeting was adjourned at 9:19 p.m.
Carrie Gallagher, CIVIC
City Clerk
City of Poway, California
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