2023 07-18CITY 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 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 Frank 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 — July 18, 2023
PUBLIC COMMENT
Yuri Bohlen spoke in support of Poway holding two 4' 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:
Pepin, De Hoff, Frank, 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 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:
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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.
Mayor Vaus 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 (PLD) 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 86-213 and 86-313, 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 PLD 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
PLD are to remain unchanged from Fiscal Year 22 to 23 for all three zones.
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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
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City 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.
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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:
Leonard, Frank, Grosch, Mullin, Vaus
Noes:
None
Abstained:
None
Absent:
None
Disqualified:
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.
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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.
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City 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.
Carrie Gallagher, CIVIC
City Clerk
City of Poway, California
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