2023 05-16CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
May 16, 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, 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;
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
Deputy Mayor Leonard led the Pledge of Allegiance.
MOMENT OF SILENCE
Mayor Vaus led a moment of silence.
PRESENTATIONS
None.
PUBLIC COMMENT
Representatives from Miss Poway Scholarship Pageant introduced the 2023 Miss Poway Court.
1 of 8
City of Poway — Minutes — May 16, 2023
Tristan Hallman, Chief Communications Officer for the San Diego County Fair, shared information
regarding the 2023 San Diego County Fair, including the fair theme, food, entertainment, and
transportation options.
Yuri Bohlen thanked Deputy Mayor Leonard for his dedication and years of service to the City of
Poway. He requested reinstatement of a phone in option for City meetings.
Sean Park spoke regarding traffic concerns by Tam O' Shanter Drive and complimented Poway
Sheriff Deputies for their communication efforts.
Nick Carruthers spoke in opposition to the reduction in speaking time during Public Comment and
in support of an election to fill the Council vacancy. He thanked the Poway Sheriff Department for
their professionalism in the handling of a recent traffic accident.
Delta Esparza spoke in support of an election to fill the Council vacancy.
Jim Bunner spoke in opposition to the reduction in speaking time during Public Comment.
Bernadette Simi spoke regarding the Native American legacy near Holly Oak Way and provided
feedback regarding the Traffic Safety Committee meeting held on May 10, 2023.
Kathleen Lippitt requested Council support of AB 1207, prohibiting sale and manufacturing of
cannabis packaging targeting children.
Michael Firenze spoke in opposition to the Life Time Fitness proposal at The Farm and in support
of recognizing previous commitments to local, small businesses from the developer of The Farm.
Eric Weller spoke in opposition to the Life Time Fitness proposal at The Farm and in support of
local businesses, he supports holding a special election to fill the Council vacancy.
Dianne Smith, speaking on behalf of the Friends of Poway Seniors, thanked Deputy Mayor
Leonard for his service to the City of Poway and wished him luck.
Alison Park spoke in support of a public vote for the Life Time Fitness proposed changes.
Spanky Michaelis spoke in opposition to the Life Time Fitness proposal at The Farm.
The following comment cards were submitted in favor of a public vote for the proposed changes
by Life Time Fitness at The Farm:
Jennifer Boyce
Susan Gill
Deborah Schneider
Neil Schneider
2of8
City of Poway — Minutes — May 16, 2023
CONSENT CALENDAR
Motioned by Deputy Mayor Leonard, seconded by Councilmember Frank to approve
Consent Calendar Items 1 through 3, and 7. 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 Deputy Mayor Leonard, seconded by Councilmember Frank to approve
Consent Calendar Items 4 and 5. Motion carried 4/1 by the following roll -call vote:
Ayes:
Pepin, Frank, De Hoff, Leonard
Noes:
Vaus
Abstained:
None
Absent:
None
Disqualified:
None
Motioned by Deputy Mayor Leonard, seconded by Councilmember Frank to approve
Consent Calendar Item 6. Motion carried 4/1 by the following roll -call vote:
Ayes:
Frank, De Hoff, Leonard, 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. City's Investment Report as of March 31, 2023
3. Authorization to Purchase Public Works Servers Utilizing NASPO Cooperative Purchasing
Program Contract #7-15-70-34-002
4. A Resolution Accepting Real Property at the Northern Terminus of Holly Oak Way
The following speakers spoke in opposition to Item #4:
Chris Olps
Allan Preckel
Jim Bunner
Bernadette Simi
Alison Park
The following speaker spoke neutrally on Item #4:
Peter Neild
3of8
City of Poway — Minutes — May 16, 2023
5. Approval of Final Map for Tentative Tract Map 21-003 (McKee Orchard Subdivision);
Cornerstone Communities, Applicant (APN: 314-192-02-00)
The following speakers spoke in opposition to Item #5:
Andrew Vasquez
Jim Bunner
Bernadette Simi
The following speakers spoke neutrally on Item #5:
Fred Zuill
Yuri Bohlen
6. Resolution Confirming Adjustments to EDCO Waste and Recycling Services' Rate Schedule
7. Approval of Agreement with the City of San Diego for Fire and Emergency Medical Services
(EMS) Dispatch Services
ORDINANCES FOR INTRODUCTION
None.
PUBLIC HEARINGS:
8. Resolution Adopting a List of Projects for Fiscal Year 2023-24 Funded by Senate Bill 1: The
Road Repair and Accountability Act of 2017
Mayor Vaus opened the Public Hearing at 7:58 p.m
Associate Civil Engineer Andrea Thomas presented the item. She explained the 2017 Senate
Bill (SB) 1, known as the Road Repair and Accountability Act provides funding for basic road
maintenance, rehabilitation, and critical safety needs of state highways and local road
systems. She explained the annual apportionment to the City of Poway is projected to be
$1,205,334 in Road Maintenance and Rehabilitation Account (RMRA) funds in the next fiscal
year. Ms. Thomas noted this project is consistent with how the City has spent funds in prior
years and as required to report, Ms. Thomas identified the 2023-24 State Street Maintenance
Project as the proposed project to be funded with the RMRA funds.
No speakers.
Mayor Vaus closed the Public Hearing at 8:00 p.m.
Motioned by Mayor Vaus, seconded by Councilmember De Hoff to take public input,
close the public hearing and adopt the Resolution adopting a list of projects for FY
2023-24 to be funded by SB 1. Motion carried unanimously.
4of8
City of Poway — Minutes — May 16, 2023
STAFF REPORTS:
9. Landscape Maintenance District Advisory Group Update and Adoption of the Twin Peaks and
Espola Road Landscape Master Plan
Director of Public Works Eric Heidemann presented the item along with a PowerPoint
presentation. He described the report as an update on the work of the Landscape
Maintenance District (LMD) Advisory Group along with two related projects, the Twin Peaks
and Espola Road Landscape Master Plan, and the Hazardous Mitigation Grant. He noted key
takeaways of the unsuccessful 2018 ballot initiative for LMD 83-1 and 86-1.
Mr. Heidemann explained the Advisory Group is comprised of LMD 83-1 and 86-1 residents
and its purpose was to provide recommendations on landscape improvements, re -engineering
strategies, as well as promote resident concerns and educate the community on the financial
conditions of the districts. He introduced Chair Toni Bates and Vice Chair Steve Meyer as the
Group's leadership and commended the group's efforts and commitment to finding solutions
in addition to their perseverance through the pandemic. Mr. Heidemann explained the 2019
Landscape Master Plan (LMP) was authorized for LMDs 83-1 and 86-1 and the scope of the
work included site analysis and research, landscape concept developments, and community
workshops and outreach. The final LMP is now ready for City Council adoption.
Mr. Heidemann spoke regarding the status of the Hazardous Mitigation Grant. He noted
Phase 1 was completed in April 2022 and added that Phase 2 site surveys conducted in March
of 2023 are completed but FEMA approvals are pending and stated following the approval of
Phase 2, tree removal and trimming will commence. Mr. Heidemann described the multiple
benefits to the Hazardous Mitigation Grant including fuel load reductions along primary
evacuation routes, and the minimization of long-term expenses for the LMDs.
Lastly, Mr. Heidemann added, staff is requesting Council provide direction to commence both
the reengineering process for LMD 83-1 and 86-1 in addition to the Advisory Group's proposal
to renovate two LMD entrances in the fall of 2023 including entryways on Twin Peaks and
Silver Set and Espola Road at Sand Hill.
Advisory Group Vice Chair Steve Meyer discussed some of the group's overall findings and
conclusions. He stated a viable sustainable financial solution will require a financial
partnership between the City and the homeowners within those LMDs. He said the group's
goals are to continue to focus on manageable, safer, rehabilitated entrances and financial
stability for both LMDs, and added they remain committed to acting as the communication
liaison between the homeowners and the City, working to find a balanced financial solution to
ongoing tree and landscaping issues.
Public Comment
Joe St. Lucas suggested the LMD should include noticeable improvements to the landscape
design. Mr. St. Lucas also mentioned the volunteer cleanup efforts of current and former
Councilmembers and stated support for those continued community activities.
End of Public Comment.
5of8
City of Poway — Minutes — May 16, 2023
Council discussion ensued. Council expressed appreciation for the Advisory Group's work
and their long-term commitment. Council discussion included the importance of tree removal
and urgency to receive the FEMA grant funds. Council confirmed the LMP includes drought
tolerant, native, and pollinating plants, and the removal of invasive species. Council discussed
the importance of communication as part of future balloting efforts and the need to
demonstrate to residents what they can expect if ballot measures are successful. The LIVID
and renovation of the two entrances are tools to assist with this.
Motioned by Deputy Mayor Leonard, seconded by Councilmember De Hoff to 1) receive
and file this report; 2) adopt the resolution to approve the Twin Peaks and Espola Road
LMP; and 3) provide direction to commence the re -engineering process for LMDs 83-1
and 86-1, and the Advisory Group's proposal to renovate two LIVID entrances in the Fall
2023. Motion carried 4/1 (No: Pepin).
10. Approval of Consultant Agreement between the City of Poway and Butier Engineering, Inc.
for Construction Management and Inspection Services for the Clearwell Replacement Project,
RFP No. 23-010
The presentations for Items #10 and #11 were a combined presentation. Council discussion
included both items. The motions and votes for Items #10 and #11 were taken separately.
Principal Civil Engineer Shadi Sami presented items #10 and #11 along with a PowerPoint
presentation. She stated the Water Infrastructure Improvement Program is the largest Capital
Improvement Project (CIP) program the City has undertaken since its incorporation. It consists
of the Clearwell Bypass, Clearwell Replacement and two treated water facilities projects. With
the completion of the Clearwell Bypass project, the next phase is the replacement of the
Clearwell, with the two treatment water projects currently in design stages. Ms. Sami noted
savings of $1 million from the Clearwell Bypass Project which will be reallocated to future
phases of the program.
Ms. Sami explained the Clearwell Replacement Project will replace the aging reservoir with
two, four -million -gallon pre -stressed concrete tanks which will provide redundancy and
operational flexibility, allowing one tank to be taken offline for future maintenance and
repairs, while the other provides continuous service and provide superior quality and
longer asset life. With this project, the overflow structure will also be brought to industry
standards per the mutual agreements with the State Division of Drinking Water (DDW). The
Clearwell Replacement Project is currently being advertised for construction. She noted the
target construction start date as Fall 2023 and the target end date as Fall 2025. Once
construction is completed and the Clearwell is operational, the temporary bypass facilities will
be removed, and the softball field will be restored.
Ms. Sami stated Infrastructure Engineering Corporation (IEC) is the selected design
consultant for the Clearwell Replacement Project, explaining their services are required during
this next phase to ensure construction is in compliance with the plans and specifications and
described the scope of services for the design consultant. Staff recommends approval of the
Second Amendment to the Consultant Agreement with IEC to advance the project to the next
phase.
She described the Request for Proposals (RFP) for the construction management and
inspection services portion of the Clearwell Replacement Project. After a panel of staff and
6of8
City of Poway — Minutes — May 16, 2023
consultants evaluated the proposals, Butier Engineering, Inc., was selected as the most
qualified firm. Staff recommend approval of a consultant agreement with Butier Engineering,
Inc., for construction management and inspection services of the Clearwell Replacement
Project.
No speakers.
Council discussion ensued. Council responded positively to the cost savings from the Bypass
Project, the progress made so far on the project, and the life expectancy for the proposed
upgrades. In response to Council questions, Ms. Sami explained the process behind soil and
asphalt testing below the Clearwell which was included in the geotechnical report.
Motioned by Mayor Vaus, seconded by Councilmember Pepin to approve the
Consultant Agreement with Butier Engineering, Inc., for construction management and
inspection services for the Clearwell Replacement Project in the amount of
$2,641,012.00, per the outlined terms of the Consultant Agreement and authorize the
City Manager to execute the necessary documents. Motion carried unanimously.
11. Approval of the Second Amendment to the Agreement between the City of Poway and
Infrastructure Engineering Corporation (IEC), for Engineering Services During the Bid and
Construction Phases of the Clearwell Replacement Project (WTR0027)
No speakers.
Motioned by Mayor Vaus, seconded by Councilmember De Hoff to approve the second
amendment to the agreement with IEC for engineering services during the bid and
construction phases of the Clearwell Replacement Project per the terms outlined in the
agreement and authorize the City Manager to execute the necessary documents.
Motion carried unanimously.
WORKSHOPS
None.
COUNCIL -INITIATED ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C.
53232(d))
In honor of Deputy Mayor Leonard's resignation, Mayor Vaus shared comments submitted from
former Poway Councilmember John Mullin, highlighting Mr. Leonard's commitment to family and
his dedication to the City of Poway.
Councilmembers spoke highly of Mr. Leonard's leadership, mentorship, character, public
engagement, and thanked him for his service to the City of Poway.
In his closing remarks, Mr. Leonard shared how he became involved in local government through
volunteer work at the Green Valley Civic Association, the Budget Review Committee, and later
Poway City Council. Mr. Leonard emphasized the importance of serving the public, and the pride
7of8
City of Poway — Minutes — May 16, 2023
he feels in the community of Poway. He continued by thanking all City of Poway staff for their
hard work and dedication and he thanked Council for their kind words. Mr. Leonard then offered
his thoughts on civic engagement and stated he would miss serving the people of Poway.
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 9:13 p.m. in honor of Deputy Ma or Barry Leonard.
Carrie Gallagher, CM
City Clerk
City of Poway, California
8of8