2022 11-15CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
November 15, 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 7:03 p.m.
ROLL CALL
Present: Barry Leonard, Caylin Frank (via teleconference), 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; Finance
Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy;
Public Works Director 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
Mayor Vaus led the Pledge of Allegiance
MOMENT OF SILENCE
Mayor Vaus led a moment of silence.
PRESENTATION
None.
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PUBLIC COMMENT
Yuri Bohlen thanked outgoing Councilmembers and Mayor Vaus for their service and
congratulated Mayor Vaus and Brian Pepin and Peter De Hoff on anticipated election wins.
Janet Lettang shared upcoming scheduled events at the Poway Center for the Performing Arts
(PCPA).
Andrew Vasquez expressed concerns over Holly Oak/McKee Orchard Development.
Bernadette Simi expressed dissatisfaction over Holly Oak/McKee Orchard Development and
requested Council consider placing an item on a future agenda to further discuss resident
complaints.
At Mayor Vaus's request. in response to public comment, City Attorney Alan Fenstermacher
provided information about the time period in which to file a request for consideration of the
approval of McKee Orchard Development. He noted the project was properly advertised and
approved by the City Council. He said no requests for reconsideration were filed in accordance
with the timeframe process set forth in the Poway Municipal Code. He added the City cannot
bring the project back for reconsideration without violating due process rights and other legal rules
unless new information would warrant reconsideration and Poway Municipal Code procedures
must be followed to do so.
Additionally, at Mayor Vaus's request, in response to public comment, Development Services
Director Bob Manis stated there is no evidence of any grave site at the McKee Orchard project
site. He stated surface testing was completed prior to approval and noted the City added CEQA
Mitigation Measures to include a monitor on site when grading begins however, no grading permit
has been issued at this time.
William J. Bertch voiced concerns over the obstruction of residential views due to The Farm
Development.
Kristina Shahade expressed concerns over grading and elevation changes at The Farm
Development.
Carl Browning expressed concerns over grading and elevation changes at The Farm
Development and asked for accountability.
Vanessa Springett expressed concerns over grading and elevation changes at The Farm
Development.
Alison Park spoke regarding concerns over grading and elevation changes at the Farm
Development, she inquired on amending the Poway Municipal Code to include a "Significant
Change Process".
At Mayor Vaus's request, in response to public comment, Development Services Director Bob
Manis stated the Farm Specific Plan did not include elevations however the Tentative Map did
which was approved concurrently with the Specific Plan. The Tentative Map included all
elevations, conceptual grading in addition to slope and pad elevations. Mr. Manis also noted, staff
approves all grading plans as they are submitted to ensure they comply with the approved plans.
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In response to Mayor Vaus's request, City Attorney Alan Fenstermacher spoke regarding
developer accountability. Mr. Fenstermacher stated the City is responsible for ensuring
development complies with approved plans and all conditions of approval. Mr Fenstermacher
added Code Enforcement action could be initiated if approved conditions were not adhered to.
CONSENT CALENDAR
Motioned by Deputy Mayor Mullin, seconded by Councilmember Leonard to approve
Consent Calendar Items 1 through 15. Motion carried 5/0 by the following roll -call vote:
Ayes:
Leonard, Frank, Grosch, Mullin, Vaus
Noes:
None
Abstained:
None
Absent:
None
Disqualified:
None
Motioned by Deputy Mayor Mullin, seconded by Councilmember Leonard to approve
Consent Calendar Item 16. Motion carried 4/0/1 by the following roll -call vote:
Ayes:
Leonard, Frank, Grosch, Mullin
Noes:
None
Abstained:
Vaus
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 August 16, 2022 and September 20, 2022 Regular City Council Meeting
Minutes and the October 24, 2022 Special Meeting Minutes
3. Adoption of Resolution No. 22-080 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. Approval of the Local Road Safety Plan
5. Adoption of Resolution No. 22-081 entitled, "A Resolution of the City Council of the City of
Poway, California, Authorizing the Acceptance of Grant Funds Through the Urban Area
Security Initiative Grant Program and Appropriation of Funds"
6. Adoption of Resolution No. 22-082 entitled, "A Resolution of the City Council of the City of
Poway, California, Authorizing Participation and the Acceptance of Funds Through the 2021
State Homeland Security Grant Program"
7. Acceptance of Hazardous Storage Units Removal and Replacement Project; Bid No. 22-002
with Fleming Environmental Inc., as Complete
8. Acceptance of the Fire Station 3 HVAC Controls Replacement Project; with Sunbelt Controls,
Inc., as Complete
9. Approval of Final Map for Tentative Tract Map 20-003 (Fairfield Subdivision); (APNs: 317-
490-55 & 317-490-69)
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Yuri Bohlen spoke on item #9, he voiced objection to Bonus Density Laws and provided contact
information for Governor Gavin Newsom for the public to voice comments or concern.
10. Adoption of Resolution No. 22-083 entitled, "A Resolution of the City Council of the City of
Poway, California, Adopting an Amended Conflict of Interest Code Updating Designated
Employees and Officers and Repealing Resolution No. 20-074"
11. City's Investment Report as of September 30, 2022
12. Investment Policy Review
13. Acceptance of the FY 2021-22 Street Overlay Project; Bid No. 22-011 with Hazard
Construction ENGR, LLC, as Complete
14. Approval of Consultant Agreement with STC Traffic, Inc. for Design Services for the Poway
Road Safety Improvements Project; RFP No. 23-005
15. Award of Contract for the Lake Poway Recreation Area Live Rainbow Trout Stock; Bid No.
23-004
16. Second Reading and Adoption of Ordinance 857 entitled "An Ordinance of the City Council of
the City of Poway, California, Amending Section 2.04.020 of The Poway Municipal Code to
Increase Mayor and Council Compensation"
ORDINANCES FOR INTRODUCTION
17. First Reading of Ordinance Amending Chapter 2.18 (Meetings)
City Attorney Alan Fenstermacher presented the item stating this proposed amendment is a
minor cleanup change to the Municipal Code thus removing a separate item on the agenda
for Ordinance Second Reading and Adoption and move Second Reading and Adoption onto
the Consent Calendar.
Public Comment:
None.
End of Public Comment.
Council discussion ensued.
As requested by the Mayor, City Clerk Gallagher titled the Ordinance.
Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to introduce Ordinance
No. 858 entitled, "An Ordinance of the City Council of the City of Poway, California,
Amending Chapter 2.18 of the Poway Municipal Code (Meetings)" and schedule
adoption of the Ordinance for December 6, 2022. Motion carried 510 by the following
roll -call vote:
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Ayes:
Leonard, Frank, Grosch, Mullin, Vaus
Noes:
None
Abstained:
None
Absent:
None
Disqualified:
None
ORDINANCES FOR ADOPTION
None.
PUBLIC HEARINGS:
18. Conditional Use Permit (CUP) 21-004; an amendment to CUP 13-004 to Allow the Expansion
to an Existing Veterinary Clinic located at 14861 Pomerado Road; APN: 314-710-30
Mayor Vaus opened the Public Hearing at 7:42 p.m.
Associate Planner JohnWilly Aglupos presented the report along with a PowerPoint
presentation.
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:45 p.m.
Council discussion ensued. In response to Council questions, a representative for the
applicant stated the prior business owner admittedly expanded the facility without an approved
amendment to their CUP. The previous owner sold his business to the current owner and as
a Condition of Approval (CUP) of sale, the new owner required the previous owner to bring
the expansion into compliance.
Motioned by Mayor Vaus, seconded by Councilmember Leonard to adopt Resolution
No. 22-084 entitled, "A Resolution of the City Council of the City of Poway, California,
Approving Conditional Use Permit 21-004 to Allow the Expansion to an Existing
Veterinary Clinic; Assessor's Parcel Number 314-710-30". Motion carried unanimously.
19. Resolution Adopting an Amendment to the TransNet Local Street Improvement Program of
Projects for Fiscal Years 2022-23 through 2026-27
Mayor Vaus opened the Public Hearing at 7:50 p.m.
Associate Civil Engineer Andrea Thomas presented the report.
Public Comment:
None.
End of Public Comment.
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Mayor Vaus closed the Public Hearing at 7:52 p.m.
Council discussion ensued.
Motioned by Deputy Mayor Mullin, seconded by Councilmember Leonard to 1) adopt
Resolution No. 22-085 entitled, "A Resolution of the City Council of the City of Poway,
California, Adopting an Amendment to the TransNet Local Street Improvement
Program of Projects for Fiscal Years 2022-23 Through 2026-27", and 2) amend the FY
2022-23 Capital Improvement Program Budget to reflect an increase in projected
TransNet revenue of $229,000 and appropriate those funds to the Annual Street Overlay
project ST023. Motion carried unanimously.
STAFF REPORTS:
20. Consultant Agreement with Webb Management for PCPA Operational Analysis and Fee
Study, RFP 23-003
Director of Community Services Audrey Denham presented the item. She stated great
progress has been made at the Poway Center for the Performing Arts (PCPA) as the City
works towards creating a more sustainable operating model. She noted the recent completion
of the Endowment Campaign Feasibility Study and renegotiation of a mutually beneficial Joint
Use Agreement with the Poway Unified School District. She stated the next project is the
Operational Analysis and Fee Study. After reviewing the five responsive bids received in
response to the Request for Proposals, three finalists were interviewed and ultimately Webb
Management Services was selected. The selection was based on their extensive experience
with performing arts centers similar to the PCPA. Webb Management also has a local team
member who has worked on various projects in San Diego County and is familiar with the
PCPA. The selection process included City staff and the PCPA subcommittee made up of
Councilmembers Leonard and Grosch. Webb will review all aspects of the PCPA operations
including booking, ticketing, concessions, policies and procedures, fee structures and user
agreements, and then recommend best practices and/or other operational changes to improve
efficiency, decrease the operating subsidy and generate additional revenue for the facility.
The study will cost $47,500 and take approximately three to four months to complete with
completion expected in early April.
Public Comment:
Janet Lettang spoke in support of a Consultant Agreement with Webb Management and
volunteered herself, Kate Hirsch and Jana Johnson, if needed, to collaborate on the project
as community advocates for the PCPA.
End of Public Comment.
Council concurred this agreement represents big step forward for the PCPA and is looking
forward to finding ways to decrease costs by operating more efficiently, incorporating industry
best practices, identifying opportunities for improvement, and revenue enhancement. It was
noted community involvement has been good and Council hopes interest will continue.
Motioned by Councilmember Leonard, seconded by Councilmember Grosch to
approve the Consultant Agreement with Webb Management Services, Inc., authorize
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the City Manager to execute all necessary documents associated with the Agreement,
and appropriate funds for the completion of the study. Motion carried unanimously.
21. Approving a CaIPERS 180-day Waiting Period Exception to Hire a Retired Annuitant
Director of Human Resources and Risk Management Jodene Dunphy presented the item.
Public Comment:
None.
End of Public Comment.
Motioned by Mayor Vaus, seconded by Councilmember Grosch to adopt Resolution
No. 22-086 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". Motion carried unanimously.
22. Summary Vacation of Portions of Certain Right -of -Way (VAC21-001) at the Westerly
Terminus of Tenth Street (APN: 317-021-30)
Associate Civil Engineer Sara Trunzo presented the item along with a PowerPoint
presentation. She provided slides depicting the site location including adjacent neighbors. She
noted 10th Street was dedicated and accepted by the County of San Diego in 1888 but was
never developed nor used by vehicular traffic. According to the San Diego County's
reversionary rights procedures, if the vacation is approved, the specified portion of the right
of way will become part of the Chinmaya Mission property, owner of the parcel to the north
who requested the vacation of this land. Following the vacation, a 15-foot access easement
will be dedicated to preserve California Department of Fish and Wildlife access to the state-
owned parcel at the west end of 10th Street, and an easement will also be dedicated to cover
12203 Leona Lane's existing driveway and fire truck turnaround which are currently within the
10th street right of way.
Ms. Trunzo noted pursuant to the City's Wildfire Defensible Space Program, no habitat exists
in the area to be vacated due to clearing for fire fuel management which has been taking place
since the Chinmaya Mission Spiritual Center was developed in 2014. After the vacation,
Chinmaya Mission will continue to clear vegetation within the portions of the vacated right of
way that is located within the 100-foot fire fuel management defensible space buffer around
the existing structure on their property.
Ms. Trunzo stated she has been in communication with residents and neighbors ahead of
tonight's meeting to answer their questions. She noted this item is unrelated to a proposed
subdivision in the vicinity which will be brought to City Council at a yet to be determined date
in the future.
Public Comment:
Jeffrey Schmidt (via teleconference) spoke in support of wildlife and in opposition to a
Summary Vacation at this Right -of -Way location.
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Rick Coburn spoke in opposition to the item stating biological effects on wildlife as the reason
he believes the Summary Vacation should be denied.
Lori Grennan spoke in support of wildlife and in opposition to Summary Vacation at this Right -
of -Way location.
End of Public Comment.
Council confirmed this is land which the City was given rights to but has determined has no
use for and is returning it to the original owner. Council also confirmed that no environmental
impact would occur tonight because no physical changes to the environment would take place
with this dedication and reiterated the state owns the land at the end of the road and the trail
and easement to Fish and Wildlife would need to remain open and no fence could be built
unless approved by Council in the future.
Associate Civil Engineer Trunzo stated Fish and Wildlife voiced no concerns over this vacation
and noted a dedicated easement for the trail on existing Chinmaya site.
Council noted if Chinmaya wants to come back and build on this vacation they would have to
return to Council for approval. Council agreed to add a Condition of Approval to the Resolution
to include "No physical improvements to the vacated property may be made prior to an
amendment to the CUP which is required to come to City Council for approval".
Development Services Director Bob Manis reiterated; defensible space clearing is still
required.
Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to adopt Resolution No.
22-087 entitled, "A Resolution of the City Council of the City of Poway, California,
Ordering the Summary Vacation of a Portion of a Public Street, to Wit: Tenth Street, All
in City of Poway Map No. 536 (Vacation No. 21-001)" amended to include: no physical
improvements to the vacated property prior to an amendment to the CUP which is
required to come to City Council for approval. Motion carried unanimously.
WORKSHOPS
None.
COUNCIL -INITIATED ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C.
53232(d))
Councilmember Leonard spoke about the recent Kiwanis pancake breakfast and provided
information on the upcoming Kiwanis Holiday with Heroes event.
Councilmember Frank announced the birth of her third child on October 11tn
Councilmember Grosch congratulated Mayor Vaus and future Councilmembers Pepin and De
Hoff on their election wins.
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Deputy Mayor Mullins reiterated Councilmember Grosch's comments by congratulating Mayor
Vaus and future Councilmembers Pepin and De Hoff on their election wins.
Mayor Vaus spoke regarding his attendance at a recent Fire Fighters Badge Ceremony held here
at City Hall, he reminded the public of the sacrifices made by both the sworn personnel and their
families.
CITY MANAGER ITEMS
None.
Mayor Vaus recessed the meeting into Closed Session at 8:37 p.m.
CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session)
23. Conference with Real Property Negotiator (Gov. Code § 54956.8)
Property: APNs 317-281-17, 317-281-18 & 317-280-46
City Negotiator: City Manager Chris Hazeltine
Persons with whom the City Negotiator May Negotiate: Sean Melvin, Chief Executive
Officer, Sportsplex, USA, Inc.
Under Negotiation: Lease and Terms of Use
City Attorney Fenstermacher stated, no reportable action.
ADJOURNMENT
The meeting was adjourned at 9:04 p.m.
Carrie Gallagher, CIVIC
City Clerk
City of Poway, California
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