AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
April 5, 2022
Honorable Mayor and Members of the City Council
\
Carrie Gallagher, City Clerk
(858) 668-4535 or [email protected]
CITY COUNCIL
SUBJECT: Approval of the February 15, 2022 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• February 15, 2022 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 that the City Council approve the February 15, 2022 Regular City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A. February 15, 2022 Regular City Council Meeting Minutes Reviewed/ Approved By:
Wendy Kaserman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
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City Manager
April 5, 2022, Item #2
ATTACHMENT A
NOTE: 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
February 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 7:00 p.m.
ROLL CALL
Present: Barry Leonard, Caylin Frank, 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; Interim Fire Chief Scott Post; Captain Dave Schaller, 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 Mullin led the Pledge of Allegiance.
MOMENT OF SILENCE
Mayor Vaus led a moment of silence.
PRESENTATIONS
PUBLIC COMMENT
Jim Hyldahl, Board Director of the Poway Symphony Orchestra announced the launch of the 2022 season adding that on Sunday, March 20, the symphony will celebrate with a performance of the "Romantic Gems".
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Yuri Bohlen spoke regarding the upcoming deadline for the Mayoral recall effort and Sacramento housing mandates.
CONSENT CALENDAR
Motioned by Deputy Mayor Mullin and seconded by Councilmember Grosch to approve Consent Calendar Items 1 through 8. Motion carried 510 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Leonard, Frank, Grosch, Mullin, 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 January 18, 2022 Regular City Council Meeting Minutes
3. Adoption of Resolution No. 22-009, 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 Consultant Agreements with Ninyo & Moore Geotechnical & Environmental Sciences Consultants and NOVA Services, Inc. for As-Needed Geotechnical Services; RFP 22-018
5. Acceptance of Public Improvements for the Filhart Residence Project, WI 18-001
6. Award of Contract to M-Rae Engineering, Inc. for the FY21-22 Water Valve Replacement Project; Bid No. 22-003
7. Acceptance of the Bowron Road Sewer Upsize Project; Bid No. 21-015, with T.E. Roberts, Inc., as Complete
8. Side Letter Amending the Memorandum of Understanding (MOU) between the City of Poway and Teamsters, Local 9-1-1 Changing the Work Schedule for Water Treatment Plant Operators
ORDINANCES FOR INTRODUCTION:
None.
ORDINANCES FOR ADOPTION
9. Second Reading and Adoption of Ordinance No. 852 entitled "An Ordinance of the City Council of the City of Poway, California, Adopting Boundaries for City Council Districts Pursuant to the Fair Maps Act (Government Code 21601 Et Seq.)." Public Comment:
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Yuri Bohlen spoke regarding the adoption of the ordinance as marking the end of the state's requirement to hold four public hearings, he noted the lack of community interest in the process.
Motioned by Councilmember Frank and seconded by Councilmember Leonard to adopt Ordinance No. 852 entitled "An Ordinance of the City Council of the City of Poway, California, Adopting Boundaries for City Council Districts Pursuant to the Fair Maps Act (Government Code 21601 Et Seq.)." Motion carried 5/0 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Leonard, Frank, Grosch, Mullin, Vaus
None
None
None
None
10. Second Reading and Adoption of Ordinance No. 853 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Sections 3.28.060, 3.28.070, 3.28.110,
3.28.120 and Adding 3.28.150 to Chapter 3.28 (Purchasing) of the Poway Municipal Code No speakers.
Council member Leonard provided a summary of the ordinance noting that it's approval would increase the purchasing power on behalf of the City Manager from $50,000 to $60,000.
Motioned by Councilmember Leonard seconded by Deputy Mayor Mullin to adopt Ordinance No. 853 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Sections 3.28.060, 3.28.070, 3.28.110, 3.28.120 and Adding
3.28.150 to Chapter 3.28 (Purchasing) of the Poway Municipal Code." Motion carried 5/0 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
PUBLIC HEARINGS:
Leonard, Frank, Grosch, Mullin, Vaus
None
None
None
None
11. Tentative Tract Map 22-002; A Request for Approval of the Third One-Year Time Extension for a Previously Approved Subdivision (Tentative Tract Map 16-005) and a Request to Lower the Pad Elevation of Lot 8 by Approximately Five Feet
Mayor Vaus opened the Public Hearing at 7:14 p.m.
Deputy Mayor Mullin recused himself due to conflict of interest noting having a business relationship with the applicant and exited the dais at 7:16 p.m.
Senior Planner Austin Silva presented the item along with a PowerPoint presentation. Mr.
Silva explained that the applicant and developer for the subdivision, New Pointe Communities has requested a time extension for a previously approved tentative tract map to include lowering the elevation of Lot 8 by five feet. Mr. Silva provided the site location, zoning 4of9 April 5, 2022, Item #2
requirements, size, and description. He added that lowering the pad will require less grading and have less of an impact on habitat.
Public Comment:
Billy Sheldon, (Via Teleconference) noted having recently purchased property adjacent to this parcel adding he was only made aware of the upcoming development when the developer traversed his property with tractors disturbing the land and ignored survey boundaries during investigative work. Mr. Sheldon noted potential blasting as a concern and asked that Council hold the developer accountable for doing things the proper way.
End of Public Comment.
Mayor Vaus Closed the Public Hearing at 7: 18 p.m.
Motioned by Councilmember Grosch and seconded by Councilmember Leonard to adopt the Resolution No. 22-010 "Tentative Tract Map 22-002; A Request for Approval of the Third One-Year Time Extension for a Previously Approved Subdivision (Tentative Tract Map 16-005) and a Request to Lower the Pad Elevation of Lot 8 by Approximately Five Feet." Motion carried unanimously, 4/0/1 with recusal by Deputy Mayor Mullin.
Deputy Mayor Mullin returned to the dais at 7:19 p.m.
12. An Ordinance Amending Title 16 of the Poway Municipal Code, Sections 16.58.020,
16.58.090, 16.58.100, 16.58.110, 16.60.030, 16.62.030, 16.82.220, and 16.82.400, Relating to Floodplain Management Regulations
Mayor Vaus opened the Public Hearing at 7: 19 p.m.
City Engineer Melody Rocco presented the item. She explained that the city participates in, and currently holds a Class 8 CRS rating with the National Floodplain Insurance Program's (NFIP) Community Rating System (CRS), which provides discounts to community property owners . She further explained that due to updates within the NFIP's CRS, it is recommended that the City update its Municipal Code in accordance with the NFIP CRS guidelines to maintain its current rating or achieve a better rating. Ms. Rocco noted having identified additional minor updates needed in Divisions Four and Five of Chapter 16 of the Poway Municipal Code to reflect our current structure of governance and streamline floodplain approval processes, to be effective March 1, 2022.
Council discussion ensued.
Councilmember Leonard inquired if adoption of this ordinance could impact permits currently in the approval process.
Ms. Rocco explained that due to the length of time needed for second reading of the ordinance and another 30 days to take effect, it is possible for residents to be impacted if permits are not already issued; however, the impact would be marginal.
No speakers.
Mayor Vaus Closed the Public Hearing at 7:21 p.m.
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Motioned by Councilmember Leonard seconded by Councilmember Frank to adopt Ordinance No. 854 entitled "An Ordinance Amending Title 16 of the Poway Municipal Code, Sections 16.58.020, 16.58.090, 16.58.100, 16.58.110, 16.60.030, 16.62.030,
16.82.220, and 16.82.400, Relating to Floodplain Management Regulations." Motion carried 5/0 by the following roll-call vote:
Ayes:
Noes:
Leonard, Frank, Grosch, Mullin, Vaus
None
Abstained: None
Absent: None
Disqualified: None
13. Minor Conditional Use Permit (MCUP) 21-004: A Request to Store Two Seatainers at Fire Station 2 Located at 16912 Westling Court
Mayor Vaus opened the Public Hearing at 7:24 p.m.
Senior Planner Austin Silva presented the item along with a PowerPoint presentation, he provided background on the location and description of the seatainers.
No speakers.
Mayor Vaus Closed the Public Hearing at 7:26 p.m.
Motioned by Mayor Vaus and seconded by Deputy Mayor Mullin to adopt the Resolution No. 22-011 "Minor Conditional Use Permit (MCUP) 21-004: A Request to Store Two Seatainers at Fire Station 2 Located at 16912 Westling Court." Motion carried unanimously.
14. Ambulance Rates Study and Resolution Amending and Establishing the Emergency Medical Services and Ambulance Transport Fees
Mayor Vaus opened the Public Hearing at 7:26 p.m.
Revenue and Operations Manager Nicole Roesler presented the item along with a PowerPoint presentation, stating that the City retained industry experts NBS Government Finance Group to conduct a fee study. The last fee study was conducted in 2007. Ms. Roesler stated the City of Poway's fees are the lowest in the County. The results of the fee study provide the City Council different cost recovery options in setting new fees, though all options exclude the costs of the recently approved six-year labor agreement with the Poway Firefighters' Association. Ms. Roesler explained that user fees charged by the City are legally limited to not more than the cost of providing the related service or activity. Additionally, there have been significant changes to the healthcare system and reimbursement policies since the fees were last updated, which make it necessary to update and modernize the fee schedule, increasing the City's share of reimbursement for services. Ms. Roesler added that payment plans and resources for uninsured individuals (such as emergency medi-cal) are available.
Public Comment:
Yuri Bohlen requested that Council consider those living on fixed incomes when making a decision.
End of Public Comment.
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Mayor Vaus Closed the Public Hearing at 7:34 p.m.
Council discussion ensued. The City Council was in consensus to adopt the fees that represented full cost recovery.
Motioned by Councilmember Leonard and seconded by Deputy Mayor Mullin to adopt the Resolution No. 22-012 "Ambulance Rates Study and Resolution Amending and Establishing the Emergency Medical Services and Ambulance Transport Fees." Motion carried unanimously.
STAFF REPORTS
15. Pre-Development Conference 21-004/22-001; A Request for Review of a Proposal to Modify a Conditional Use Permit and Reclamation Plan for the Mining Site Operated by Granite Construction to Provide for a Battery Energy Storage System Facility and an Amendment to the South Poway Specific Plan to allow Transmission Poles in the Natural Open Space area at 10975 Beeler Canyon Road
Senior Planner Austin Silva presented the item along with a PowerPoint presentation and stated the Pre-Development Conference is advisory only and no decision will be rendered this evening. There is an active Conditional Use Permit (CUP) and a Reclamation Plan under Granite Construction's name for the mining site, but the site is currently being used to recycle concrete and asphalt. Mr. Silva explained that Granite Construction is requesting to modify the CUP and Reclamation Plan in order to revise future industrial building pad locations to provide for a proposed Battery Energy Storage System (BESS) facility that is to be constructed and operated by Nighthawk Energy Storage, LLC. The BESS facility requires a generation tie line to be supported by steel transmission poles (that are between 60 to 80 feet high) and would require an amendment to the South Poway Specific Plan to allow for these poles.
Jayne Powell, President of JK Powell Environmental Resources, Consultant for Granite Construction, spoke regarding the proposed modifications including the configuration of one of the two industrial pads currently included in the Conditional Use Permit. She provided information on Granite Construction including project sites at other Southern California locations.
Keith Lathan, Vice President of Tenaska, Inc, an independent energy company, Consultant for Nighthawk Energy Storage, LLC, provided information about similar project sites within the Southern California region for similar type battery storage facilities. He spoke regarding the importance of battery storage and community benefits of such a project and noted proposed community outreach.
Public Comment:
Spoke in opposition of the proposal:
Monica Emanuele
Mary Shweid
Joseph Pereirra
Ian Hauh
Jim Irish
David Ball
Paul Rexford
Elizabeth Rexford
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Mike Fry
Adria Polselli
Ray Suberlak
Karen Kuhn (Via Teleconference)
Spoke Neutrally of the Proposal:
Brian Hoffman
End of Public Comment.
Council discussion ensued, input was provided, and direction given. Concerns including fire risk, concerns regarding above ground poles and lines, environmental disturbance, the cost to the City and a lack of benefits to the City were all discussed.
WORKSHOPS:
16. Adobe Ridge, Silver Ridge, and Ted Williams Parkway Groves Workshop Associate Planner Scott Nespor presented the item along with a PowerPoint presentation. In addition to providing a history of the groves, Mr. Nespor explained the costs of the current maintenance contract and shared a graph showing the projected increase in water and maintenance costs through 2025. Mr. Nespor spoke regarding different options available at each site including re-adapting through re-landscaping, transferring ownership or lease to other entities, expanding current parks, creating new miniparks, allowing residential development, or leaving the groves as is.
Public Comment:
Spoke Neutrally of the topic:
Nick Carruthers
Vince Provenzano
lone Guiffrida
John Whitson
Joe St. Lucas
End of Public Comment.
Council discussion ensued including concerns over the high maintenance contract cost, watering, open space concerns, stump conditions after tree removal, the sale of the lots to developers and the sustainability of readaptation. Council consensus was the Ted Williams Grove should be removed and planted with a native mix, and to keep the Adobe Ridge and Silver Ridge Groves but evaluate the watering, terms of the maintenance agreement, explore potential opportunities for non-profits or local schools to have some role in the maintenance and harvesting of the fruit, and evaluate options for removing unhealthy trees and planting less water intensive landscaping.
COUNCIL-INITIATED ITEMS:
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
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Councilmember Grosch inquired about the status of The Outpost project.
Mayor Vaus noted having attended a performance by the US Army Field Band at the Poway Center for the Performing Arts and requested the possibility of a City recognition of Poway Resident, and Super Bowl Champion, Eric Weddle.
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
ADJOURNMENT
The meeting adjourned at 9:38 p.m.
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Carrie Gallagher, CMC
City Clerk
City of Poway, California
April 5, 2022, Item #2