Item 2 - Approval of the July 18, 2023, and August 1, 2023 Regular City Council Meeting MinutesOctober 17, 2023, Item #2AGENDA REPORT CityofPoway DATE: TO: FROM: October 17, 2023 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk ~ (858) 668-4535 or cgallagher@poway.org 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 #2NOTE: 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 #2City of Poway -Minutes -July 18, 2023 PUBLIC COMMENT Yuri Bohlen spoke in support of Poway holding two 4th 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 #2City 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 #2City 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 #2City 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 #2City 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 eight 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 #2City 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 #2City 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 #2NOTE: 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 #2City 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 Ordinances 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 #2City 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 #2City 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 #2City 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