2023 01-17CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
January 17, 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 (via teleconference), Caylin Frank, Peter De Hoff, Barry Leonard, 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; Acting
Finance Director Brad Rosen; 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 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, Council member/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 Leonard led the Pledge of Allegiance.
MOMENT OF SILENCE
Mayor Vaus led a moment of silence.
PRESENTATIONS
None.
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City of Poway — Minutes — January 17, 2023
PUBLIC COMMENT
Pete Neild (via teleconference) spoke regarding Council vote abstentions specific to agenda items
related to political contributors. He also expressed concerns over contribution amounts related to
the recent municipal election.
Yuri Bohlen spoke regarding a recent incident at his residence, he stated he believes Poway has
a worsening homelessness crisis and encouraged Council to take a proactive approach.
John Barton spoke regarding traffic concerns on Midland Road and Edgemoor Street. He
encouraged traffic calming measures and noted having obtained petition signatures to present at
the next Traffic Safety Committee Meeting.
CONSENT CALENDAR
Motioned by Mayor Vaus, seconded by Deputy Mayor Leonard to approve Consent
Calendar Item 1, and Items 3 through 5. Motion carried 510 by the following roll -call vote:
Ayes:
Pepin, Frank, De Hoff, Leonard, Vaus
Noes:
None
Abstained:
None
Absent:
None
Disqualified:
None
Motioned by Mayor Vaus, seconded by Deputy Mayor Leonard to approve Consent
Calendar Item 2. Motion carried 310/2 by the following roll -call vote:
Ayes:
Frank, Leonard, Vaus
Noes:
None
Abstained:
Pepin, De Hoff
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 December 6, 2022 Regular City Council Meeting Minutes and the December
13, 2022 Special Meeting Minutes
3. Adoption of Resolution No. 23-001 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"
4. Agreement with HASA, Inc., for the Supply of Chemicals for the Poway Swim Center, Bid 23-
005
5. Acceptance of the 2022-23 Citywide Striping Project; Bid No. 22-012, with Statewide
Stripes, Inc., as Complete
ORDINANCES FOR INTRODUCTION
None.
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City of Poway — Minutes — January 17, 2023
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)
Mayor Vaus opened the Public Hearing at 7:10 p.m.
Associate Planner Hector Salgado presented the report along with a PowerPoint presentation.
He noted the item is a request for the first of five available, one year time extensions of the
tentative tract map as allowed by the Poway Municipal Code. He presented a slide showing
the project site including size, location, and current property development which is intended
to be demolished if the project goes forward. Mr. Salgado provided zoning information and
stated the property lies within a high fire hazard area. He discussed the proposed subdivision
noting no home development is proposed at this time and minor development review
application reviews would be needed per home if development is proposed in the future.
Alternatively, if a developer proposed a tract home subdivision, that would be subject to City
Council approval.
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:13 p.m.
Motioned by Mayor Vaus, seconded by Councilmember Frank to adopt Resolution No.
23-002 entitled, "A Resolution of the City Council of the City of Poway, California,
Approving Tentative Tract Map 22-0002; the First Time Extension of the Approval for
Tentative Tract Map 18-005, Assessor's Parcel Numbers 316-120-18 and 316-120-25".
Motion carried unanimously.
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"
Mayor Vaus opened the Public Hearing at 7:15 p.m.
City Clerk Carrie Gallagher presented the report. She stated, the Ordinance was previously
introduced, first read and approved unanimously at the December 6, 2022, City Council
Meeting. Ms. Gallagher noted, due to the fact Ordinance 859 adopts secondary codes, such
as the updated California Building Code, into the Poway Municipal Code by reference, the
second reading must occur at a public hearing pursuant to Government Code section 50022.3.
Ms. Gallagher stated the item was properly noticed per Government Code section 6066.
Public Comment:
None.
End of Public Comment.
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City of Poway — Minutes — January 17, 2023
Mayor Vaus closed the Public Hearing at 7:15 p.m.
Motioned by Mayor Vaus, seconded by Councilmember Frank to adopt Ordinance No.
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." Motion carried 5/0 by
the following roll -call vote.
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
STAFF REPORTS:
Pepin, Frank, De Hoff, Leonard, Vaus
None
None
None
None
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
Director of Community Services Audrey Denham presented the item. She stated, following an
unsuccessful bid process last year, Council approved re-scoping and re -advertising the
request for proposals and shortly after, the Charlie's Classic Cooking bid was received. City
staff and the Friends of Poway Seniors (Friends) reviewed the proposal, interviewed Charlie
and sampled the food. Ms. Denham provided the cost per meal, the dining schedule, gave an
overview of meal ordering options, discussed the dining room setting and provided information
on plans for the food to be prepared offsite then transported onsite where it will be plated and
served with refreshments. Contractor verses City staff responsibilities for the day-to-day
operations of the program were noted. She added the meal program costs are fully offset
through a combination of participant fees and contributions of the Friends adding in addition
to the Friends paying for the meal program, their donation of $100,000 had greatly enhanced
the older adult programming the City offers, including funding new positions that will help
provide a restaurant like setting for the meal program. She concluded with a big thank you to
the Friends of Poway Seniors.
Public Comment:
Yuri Bohlen spoke in support of the Older Adult Congregate Meal Program and its low-cost
proposal.
End of Public Comment.
At the request of Mayor Vaus, Ms. Denham explained the process for the program which
includes the advance purchase of monthly meals and noted the process will be evaluated to
find the best system to accommodate the older adults.
Council discussion ensued.
The restaurant style atmosphere allowing for friendly socialization in addition to the low cost
for meals were noted. Council thanked and noted its appreciation to the Friends of Poway
Seniors and Community Services for their work and dedication to this program.
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City of Poway — Minutes — January 17, 2023
Motioned by Deputy Mayor Leonard, seconded by Mayor Vaus to 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. Motion carried unanimously.
9. Approving a CalPERS 180-day Waiting Period Exception to Hire a Retired Annuitant
Director of Human Resources and Risk Management Jodene Dunphy presented the item. She
noted the City has a current vacancy in the position of Director of Finance and therefore an
urgent need exists to temporarily fill the position with a retired annuitant while the City
conducts a recruitment for a permanent replacement.
Public Comment.,
None.
End of Public Comment.
Motioned by Mayor Vaus, seconded by Councilmember Frank to adopt Resolution No.
23-003 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 21221(h)". Motion carried unanimously.
WORKSHOPS
None.
COUNCIL -INITIATED ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C.
53232(d))
Councilmember Frank expressed her appreciation to Community Services Department staff for
their work on a successful Winter Festival event.
Deputy Mayor Leonard spoke regarding volunteer efforts of Poway residents and highlighted a
featured article in Poway Living Magazine. He praised the successful efforts of the recent shoe
donation drive held to benefit Valley Elementary students and acknowledged the generosity of
City staff who participated through donations and distribution.
Mayor Vaus spoke regarding the recent changes to the voting system at SANDAL. He expressed
concerns over the newly adopted weighted vote outrides the tally vote and provides a
disadvantage to the smaller cities which make up the majority of San Diego County.
CITY MANAGER ITEMS
None.
Mayor Vaus recessed the meeting into Closed Session at 7:40 p.m.
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City of Poway — Minutes — January 17, 2023
CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session)
10. Conference with Legal Counsel — Anticipated Litigation Government Code § 54956.9(d)(2) —
one(I)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
City Attorney Fenstermacher stated the City Council voted 5/0 to authorize the City Manager
to effectuate settlement of both cases.
ADJOURNMENT
The meeting was adjourned at 8:40 p.m.
Carrie Gallagher, CIVIC
City Clerk
City of Poway, California
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