2023 08-01CITY 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 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 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.
1 of 5
City 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: De Hoff, Edmondson, Pepin, 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 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)
2 of 5
City 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.
3of5
City 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.
4of5
City 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.
Z- " � -,- � 5 k, � 4, /-� --ed A -
Carrie Gallagher, CIVIC
City Clerk
City of Poway, California
5 of 5