December 6, 2022, Item #2
AGENDA RE PQ RT City of Poway
DATE:
TO:
FROM:
December 6, 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 October 4, 2022, October 18, 2022 and November 15, 2022 Regular City Council Meeting Minutes
Summary
The City Council Meeting Minutes submitted hereto for approval are:
• October 4, 2022 Regular City Council Meeting Minutes
• October 18, 2022 Regular City Council Meeting Minutes • November 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 the City Council approve October 4, 2022, October 18, 2022 and November 15, 2022 Regular City Council Meeting Minutes
Public Notification:
None.
Attachments:
A. October 4, 2022 Regular City Council Meeting Minutes B. October 18, 2022 Regular City Council Meeting Minutes C. November 15, 2022 Regular City Council Meeting Minutes Reviewed/Approved By:
~~ Wend aserman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
I
City Manager
December 6, 2022, Item #2
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
October 4, 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 (via teleconference), Caylin Frank, Dave Grosch, John Mullin, Steve Vaus
STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman (via teleconference); Deputy City Attorney Jayson Parsons; 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; Fire Chief Jeff Chumbley; Captain Karla Menzies, 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
Recognition of Public Works Employee Bryce Greschke
Recognition of Sue Herndon
Recognition of Tony Rubino
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PUBLIC COMMENT
Ginger Couvrette spoke in appreciation for Sue Herndon.
John Couvrette spoke in appreciation for Sue Herndon and Tony Rubino.
Yuri Bohlen spoke regarding safety concerns on Metate Trail. _./
Ibrahim Ahmed spoke regarding the County of San Diego Capital Emergency Housing Solutions Grant Program.
Alison Park spoke regarding impacts to her property due to grading and setbacks at The Farm project.
Sean Park spoke in opposition to negative impacts to his property due to The Farm project
CONSENT CALENDAR
Motioned by Deputy Mayor Mullin, seconded by Councilmember Grosch to approve Consent Calendar Items 1 through 4. Motion carried 5/0 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 July 19, 2022 Regular City Council Meeting Minutes.
3. Adoption of Resolution No. 22-072 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. Rejection of Received Proposal for the Congregate Meal Program and Catering Services Project; RFP23-002, and Direction to Staff to Re-Scope and Re-Advertise the Project Yuri Bohlen spoke on item 4; suggesting the bid process be amended to allow for awarding the project to more than one bidder.
ORDINANCES FOR INTRODUCTION
None.
ORDINANCES FOR ADOPTION
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None.
PUBLIC HEARINGS:
None.
STAFF REPORTS:
5. Endowment Campaign Feasibility Study Findings
Director of Community Services Audrey Denham introduced the item, followed by a PowerPoint presentation by Vice President of Netzel Grigsby Associates, Jeanne Schmelzer.
Ms. Denham stated the Endowment Campaign Feasibility Study conducted by Netzel Grigsby Associates (NGA) was made possible through generous financial support from the McCarthy Family Foundation. She added the study was designed to test the possibility of fund raising for an endowment fund to support the Poway Center for the Performing Arts. She thanked the Feasibility Study Task Force for volunteering their time to review the materials, identify individuals to be interviewed, secure interviews and receive the study findings. Ms. Denham stated the task force is made up of community members and representatives from other PCPA user groups as well as Councilmembers Grosch and Leonard.
Ms. Schmelzer with NGA presented an overview of the purpose of the feasibility study and its findings. She reported the purpose was to test whether or not a future endowment campaign to raise approximately $9.5m to support the PCPA would be successful. Through in-depth interviews with a diverse group of people representing different interests, NGA learned the PCPA is viewed as a community asset. They also learned there is some misunderstanding about the relationship between the City and Poway OnStage and that many individuals assumed that if they were supporting Poway OnStage, they were also supporting the PCPA.
Those surveyed said there are opportunities to improve the visibility and marketing of the PCPA and thought perhaps there are opportunities to more effectively manage the facility. While there was general support for the facility, NGA ultimately determined an endowment campaign would not be successful at this time.
Public Comment:
Yuri Bohlen spoke regarding selling naming rights to major corporations and televising performances to generate revenue.
Janet Lettang spoke in support of the Endowment Campaign Feasibility Study and many of the recommendations by Netzel Grigsby Associates.
Delta Esparza stated the Council is at a crossroads to move forward and requested they do so in support of the PCPA.
Katherine Hirsh (via teleconference) stated that although the fundraising goal is not feasible at this time, a broader more impactful strategic plan for the arts is necessary and encouraged the fostering of relationships with art supporters and local businesses.
End of Public Comment.
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Council discussion ensued regarding opportunities to better market the PCPA and its programming, the importance of gaining and maintaining the public's confidence in the City as the PCPA operator and it was suggested that it should be operated more like a business.
Additionally, City Council spoke regarding the upcoming operational assessment, the feasibility of naming rights, and offering a better variety of programming. It was stated there is still a lot of work to be done and although it is not feasible to an endowment campaign now, the steps have been identified needed for another opportunity in the future. Mayor Vaus concluded Council comments by expressing appreciation to Councilmembers Leonard and Grosch by stating he was deeply grateful for their work on the sub-committee.
No vote was taken, this was a note and file item.
6. Approval of Joint-Use Agreement between the City of Poway and Poway Unified School District for the Poway Center for the Performing Arts
Director of Community Services Audrey Denham presented the item along with a PowerPoint presentation. She stated the City of Poway and Poway Unified School District (PUSD) first entered into a Joint Use Agreement (JUA) for the Poway Center for the Performing Arts (PCPA) when the PCPA opened. Renegotiating the terms of the JUA to improve cost sharing is one component of the City's overall strategy to improve the long-term financial sustainability of the PCPA. To reflect PUSD's use of the PCPA, for many years PUSD has paid 35% of the operating costs of the facility, excluding some notable operating expenses, as well as excluding capital projects. Under the proposed terms of the new JUA, PUSD will pay 35% of all operating and capital costs with a few small exclusions. The JUA does include percentage caps on annual increases in expenditures. As part of the new JUA, PUSD will have additional access to the facility, and the City and PUSD will also partner to create a new theater internship program. Once the new agreement is approved by both the City, as well as PUSD, the City projects PUSD will be paying approximately $350,000 annually toward the PCPA operating costs and approximately $1,400,000 toward known future capital replacement projects. Ms. Denham recognized the long partnership between the City and PUSD and noted the terms of the new JUA are beneficial to both parties.
Public Comment:
Spoke in support:
Delta Esparza
Ginger Couvrette
Yuri Bohlen
Jana Johnson
JanetLettang
End of Public Comment.
Council discussion ensued. Council expressed appreciation for the long-standing partnership between the City and PUSD. Council stated the new agreement is beneficial to both parties.
It will help reduce the operating subsidy while also providing PUSD more access to the PCPA and the establishment of a new internship program. Council commended staff's continued communications with PUSD and noted ongoing communications will be important to the success of the new agreement. Council stated the PCPA and cost sharing with PUSD has 5 of22
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been a hot topic for years with the Budget Review Committee and the new Joint Use Agreement signal a positive step forward.
Motioned by Councilmember Grosch, seconded by Councilmember Leonard to approve the Joint Use Agreement between the City of Poway and the Poway Unified School District for the Poway Center for the Performing Arts and authorize the City Manager to execute all necessary documents associated with the agreement. Motion passed unanimously.
WORKSHOPS
None.
COUNCIL-INITIATED ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
Councilmember Leonard spoke in support of Sue Herndon and Tony Rubino.
Councilmember Grosch reported on an upcoming Poway Padres game and expressed his gratitude to Council member Leonard for their years of work together on the PCPA Subcommittee.
Deputy Mayor Mullin spoke in support of City staff for the completion of the Espola Road project.
Mayor Vaus wished Councilmember Frank good health with the pending birth of her third child, he spoke regarding three local boys having achieved Eagle Scout, the highest attainable achievement in the Boy Scouts of America program. Mayor Vaus noted the removal of the SAN DAG mileage tax as part of the 2021 Regional Transportation Plan adding its passage would have been a great burden on local families.
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 8:47 p.m.
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Carrie Gallagher, CMC
City Clerk
City of Poway, California
December 6, 2022, Item #2
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
October 18, 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
Deputy Mayor Mullin called the Regular Meeting to order at 7:00 p.m.
ROLL CALL
Present: Barry Leonard (via teleconference), Caylin Frank (Absent), Dave Grosch, John Mullin, Steve Vaus (via teleconference)
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; Fire Chief Jeff Chumbley; Captain Karla Menzies, 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
Councilmember Grosch led the Pledge of Allegiance.
MOMENT OF SILENCE
Deputy Mayor Mullin led a moment of silence.
PRESENTATIONS
None.
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PUBLIC COMMENT
Yuri Bohlen voiced appreciation for the expanded senior programs at the Mickey Cafagna Community Center.
Jim Bunner noted dissatisfaction over the Holly Oak Development Project.
Joe St. Lucas requested PCPA proceeds go towards free admission at the swim center for Poway residents.
Sharlene O'Keefe, new Executive Director of Poway On Stage, spoke regarding upcoming events.
Keith Kezer voiced frustration over bonus density law and the Holly Oak Development Project.
Arthur (Tony) Blain stated he intends to run for Poway City Council in 2024.
Mark Caskey spoke regarding ingress and egress at the McKee Orchard Project.
Janet Lettang spoke regarding upcoming PCPA events.
CONSENT CALENDAR
Deputy Mayor Mullin noted at Mayor Vaus' request:
Item #7. Summary Vacation of Portions of Certain Right-of-Way (VAC21-001) at the Westerly Terminus of Tenth Street (APN: 317-021-30) was being continued a date uncertain.
Motioned by Councilmember Grosch, seconded by Deputy Mayor Mullin to approve Consent Calendar Items 1 through 6 and 8 through 9. Motion carried 4/0/1 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Leonard, Grosch, Mullin, Vaus
None
None
Frank
None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the August 2, 2022 Regular City Council Meeting Minutes
3. Adoption of Resolution No. 22-073 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. Adoption of Resolution No. 22-074 entitled "A Resolution of the City Council of the City of Poway, California, Accepting Real Property on Durhullen Drive Lying Within County of San Diego Tract Map No. 7570"
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5. Adoption of Resolution No. 22-075 entitled "A Resolution of the City Council of the City of Poway, California, Accepting Real Property on Comuna Drive Lying Within County of San Diego Tract Map 3926-1, Map No. 9998"
6. Adoption of the 2023 City Council Meeting Calendar
7. Adoption of Resolution No. 22 076 entitled "/\ Resolution of the City Council of the City of Poway, California, Ordering the Summary Vacation of a Portion of a Public Street, To Wit:
Tenth Street, All in City of Poway Map No. 536 (Vacation No. 21 001)"
8. Acceptance of the Welcome to Poway Sign Replacement Project; Bid No. 22-004 with Tri Group Construction and Development, Inc., as Complete
9. Award of Contract to United Storm Water, Inc., for the FY2021-22 Annual Trash Capture Program
ORDINANCES FOR INTRODUCTION
Mayor Vaus recused himself on this item and departed the meeting virtually at 7:28 p.m.
10. Proposed Amendment to Section 2.04.020 of the Poway Municipal Code to Increase Mayor and City Councilmember Salaries and Proposed Increase to Mayor and Councilmember Mileage and Cellphone Reimbursement Allowances
City Attorney Alan Fenstermacher presented the report. He stated Council salaries are established by Government Code, determined by population which allow for a maximum 5 percent increase every year. He noted a salary increase has not been considered since 2018 thus allowing Council to consider a 20 percent maximum increase tonight in compliance with CA Government Code. Should Council approve the salary changes, they would not take effect until January 2023. In addition, he noted mileage and phone reimbursements had not been adjusted for several years either. In addition to the ordinance adjusting Mayor and Council salaries, a resolution was also prepared for the City Council to consider that would adjust mileage and phone reimbursement by 20 percent. The resolution also would not take effect until 2023.
Public Comment:
Yuri Bohlen spoke in support of a Mayor and Council salary increase.
Pete Neild (via teleconference) requested postponement of this item to a non-election year and reconsideration of funds dedicated to any salary increases.
End of Public Comment.
Council discussion ensued.
City Clerk Gallagher titled the Ordinance into the record.
Motioned by Councilmember Leonard, seconded by Councilmember Grosch to introduce Ordinance No. 857 entitled, "An Ordinance of the City Council of the City of Poway, California, Amending Section 2.04.020 of the Poway Municipal Code to Increase 9 of22
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Mayor and Council Compensation" and schedule adoption of the Ordinance for November 15, 2022. Motion carried 3/1/1 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Leonard, Grosch, Mullin
None
Vaus
Frank
Disqualified: None
Motioned by Councilmember Leonard, seconded by Councilmember Grosch to adopt Resolution No. 22-077 entitled, "A Resolution of the City Council of the City of Poway, California, Amending Mileage and Phone Cost Reimbursement Allowances for Mayor and City Council." Motion carried 3/1/1 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Leonard, Grosch, Mullin
None
Vaus
Frank
Disqualified: None
Mayor Vaus returned to the meeting virtually 7:42 p.m.
ORDINANCES FOR ADOPTION
None.
PUBLIC HEARINGS:
11. FY 23-24 Community Development Block Grant Program
Deputy Mayor Mullin opened the Public Hearing at 7:43 p.m.
Senior Management Analyst Marie Sanders presented the report.
Public Comment:
None.
End of Public Comment.
Deputy Mayor Mullin closed the Public Hearing at 8:45 p.m.
Council discussion ensued.
Motioned by Councilmember Grosch, seconded by MayorVaus to: 1) Adopt Resolution No. 22-078 entitled, "A Resolution of the City Council of the City of Poway, California, Authorizing the Submission of Applications for the Community Development Block Grant Program for Fiscal Year 2023-2024"; 2) Authorize the appropriation of $180,344 to the CDBG Fund (F2410) from the General Fund (F1000), as a loan, to fund the proposed FY2023-24 CDBG program upon approval by the County; and 3) Authorize 10 of 22
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the City Manager to execute all necessary contracts with the County. Motion carried unanimously.
STAFF REPORTS:
12. Replacement of Two Type 1 Fire Engines and Appropriation of Funds Deputy Fire Chief Brian Mitchell presented the report along with a PowerPoint presentation.
He stated tonight's request is for funding to replace two type one frontline fire engines at an estimated cost of $1,912,659.82. Staff is bringing forward this recommendation to purchase the two fire engines now because there is the opportunity to save approximately $119,000 by purchasing the engines ahead of a manufacturer's increase in November. To achieve the savings and make the purchase prior to November 1, staff is also recommending waiving the City's formal bidding procedures. Deputy Chief Mitchell explained one of the engines has already exceed the recommended front line service of 15 years and the second will exceed the recommended front line years of service by the time the City receives delivery of the two fire engines in 2025. While the City annually sets aside funding for the purchase of replacement vehicles and equipment, the replacement costs of the fire engines do exceed what has been set aside to date for the replacement purchases. In addition to approval of the purchase, staff is also requesting Council approval of an appropriation of $564,724.08 to make up the difference.
Public Comment:
Pete Neild (via teleconference) spoke in support of the item.
End of Public Comment.
Council discussion ensued. In response to Council questioning, Finance Director Aaron Beanan stated the cost associated with the purchase outweighs the risk of not making the purchasing. Council concurred that providing Poway Fire with the tools they need are critical to ensuring public safety.
Motioned by Councilmember Grosch, seconded by Mayor Vaus to adopt Resolution No. 22-079 entitled, "A Resolution of the City Council of the City of Poway, California, Authorizing the City Manager to Execute a Purchase Agreement for Two New Type 1 Fire Engines and an Appropriation of Funds". Motion carried unanimously.
13. Water Infrastructure Improvement Program Update
Principal Civil Engineer -Utilities Shadi Sarni presented the item along with a PowerPoint presentation. Ms. Sarni provided an update on the Water Infrastructure Improvement Program (Program). She explained that the Program has three major components, including the Clearwell Bypass Project, the Clearwell Replacement Project and the Treated Water Facilities Project. She noted the Program will provide the City's water system with more resiliency and reliability. Ms. Sarni explained the Clearwell Bypass Project is substantially complete and was completed under budget. Utilities staff is currently fine tuning the system in preparation for fully transitioning to use of the new temporary treated water storage tanks and taking the existing Clearwell offline to move into the next phase of the Program which is the Clearwell Replacement Project. The current Clearwell will be replaced by two permanent above ground storage tanks. Once the existing Clearwell is removed, additional geotechnical work will be 11 of 22
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performed at the site. Staff anticipates bidding the Clearwell Replacement Project in early 2023. Ms. Shadi also described the final phase of the Water Infrastructure Program which will include the constructed of two treated water facilities that will give the City the flexibility to accept treated water in the future if needed.
Public Comment:
Yuri Bohlen inquired on a potential date of full completion.
End of Public Comment.
Council discussion ensued on the consequences of an aging infrastructure. Ms. Sarni stated the project completion is anticipated in 2025 and she added Clearwell bypass completion means testing has begun and will be going offline slowly with testing to continue for 30 days.
Council noted the project is on time and under budget.
City Council provided input; no action was taken.
WORKSHOPS
None.
COUNCIL-INITIATED ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
Councilmember Grosch commended Public Works staff on their great work on City roads and parks, the ongoing water infrastructure planning, Regional Solid Waste Association (RSWA) and LMD work throughout the Covid 19 pandemic, and he mentioned staff's quick response to a multitude of emergencies over the years and stated the job never goes undone.
Deputy Mayor Mullin concurred with Councilmember Grosch's comments.
Mayor Vaus thanked Deputy Mayor Mullin for running tonight's meeting in his absence and he extended his best wishes to Councilmember Frank and her husband Brandon on the birth of their third child.
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 8:23 p.m.
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Carrie Gallagher, CMC
City Clerk
City of Poway, California
December 6, 2022, Item #2
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
November 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 7:03 p.m.
ROLL CALL
Present: Barry Leonard, Caylin Frank (via teleconference), 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; Fire Chief Jeff Chumbley; Captain Karla Menzies, 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
Mayor Vaus led the Pledge of Allegiance.
MOMENT OF SILENCE
Mayor Vaus led a moment of silence.
PRESENTATIONS
None.
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PUBLIC COMMENT
Yuri Bohlen thanked outgoing Councilmembers and Mayor Vaus for their service and congratulated Mayor Vaus and Brian Pepin and Peter De Hoff on anticipated election wins.
Janet Lettang shared upcoming scheduled events at the Poway Center for the Performing Arts (PCPA).
Andrew Vasquez expressed concerns over Holly Oak/McKee Orchard Development.
Bernadette Simi expressed dissatisfaction over Holly Oak/McKee Orchard Development and requested Council consider placing an item on a future agenda to further discuss resident complaints.
At Mayor Vaus's request. in response to public comment, City Attorney Alan Fenstermacher provided information about the time period in which to file a request for consideration of the approval of McKee Orchard Development. He noted the project was property advertised and approved by the City Council. He said no requests for reconsideration were filed in accordance with the timeframe process set forth in the Poway Municipal Code. He added the City cannot bring the project back for reconsideration without violating due process rights and other legal rules unless new information would warrant reconsideration and Poway Municipal Code procedures must be followed to do so.
Additionally, at Mayor Vaus's request, in response to public comment, Development Services Director Bob Manis stated there is no evidence of any grave site at the McKee Orchard project site. He stated surface testing was completed prior to approval and noted the City added CEQA Mitigation Measures to include a monitor on site when grading begins however, no grading permit has been issued at this time.
William J. Bertch voiced concerns over the obstruction of residential views due to The Farm Development.
Kristina Shahade expressed concerns over grading and elevation changes at The Farm Development.
Carl Browning expressed concerns over grading and elevation changes at The Farm Development and asked for accountability.
Vanessa Springett expressed concerns over grading and elevation changes at The Farm Development.
Alison Park spoke regarding concerns over grading and elevation changes at the Farm Development, she inquired on amending the Poway Municipal Code to include a "Significant Change Process".
At Mayor Vaus's request, in response to public comment, Development Services Director Bob Manis stated the Farm Specific Plan did not include elevations however the Tentative Map did which was approved concurrently with the Specific Plan. The Tentative Map included all elevations, conceptual grading in addition to slope and pad elevations. Mr. Manis also noted, staff approves all grading plans as they are submitted to ensure they comply with the approved plans. 15 of 22
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In response to Mayor Vaus's request, City Attorney Alan Fenstermacher spoke regarding developer accountability. Mr. Fenstermacher stated the City is responsible for ensuring development complies with approved plans and all conditions of approval. Mr. Fenstermacher added Code Enforcement action could be initiated if approved conditions were not adhered to.
CONSENT CALENDAR
Motioned by Deputy Mayor Mullin, seconded by Councilmember Leonard to approve Consent Calendar Items 1 through 15. Motion carried 5/0 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Leonard, Frank, Grosch, Mullin, Vaus
None
None
None
Disqualified: None
Motioned by Deputy Mayor Mullin, seconded by Councilmember Leonard to approve Consent Calendar Item 16. Motion carried 4/0/1 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Leonard, Frank, Grosch, Mullin
None
Vaus
None
None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the August 16, 2022 and September 20, 2022 Regular City Council Meeting Minutes and the October 24, 2022 Special Meeting Minutes
3. Adoption of Resolution No. 22-080 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 the Local Road Safety Plan
5. Adoption of Resolution No. 22-081 entitled, "A Resolution of the City Council of the City of Poway, California, Authorizing the Acceptance of Grant Funds Through the Urban Area Security Initiative Grant Program and Appropriation of Funds"
6. Adoption of Resolution No. 22-082 entitled, "A Resolution of the City Council of the City of Poway, California, Authorizing Participation and the Acceptance of Funds Through the 2021 State Homeland Security Grant Program"
7. Acceptance of Hazardous Storage Units Removal and Replacement Project; Bid No. 22-002 with Fleming Environmental Inc., as Complete
8. Acceptance of the Fire Station 3 HVAC Controls Replacement Project; with Sunbelt Controls, Inc., as Complete
9. Approval of Final Map for Tentative Tract Map 20-003 (Fairfield Subdivision); (APNs: 317- 490-55 & 317-490-69)
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Yuri Bohlen spoke on item #9, he voiced objection to Bonus Density Laws and provided contact information for Governor Gavin Newsom for the public to voice comments or concern.
10. Adoption of Resolution No. 22-083 entitled, "A Resolution of the City Council of the City of Poway, California, Adopting an Amended Conflict of Interest Code Updating Designated Employees and Officers and Repealing Resolution No. 20-074"
11. City's Investment Report as of September 30, 2022
12. Investment Policy Review
13. Acceptance of the FY 2021-22 Street Overlay Project; Bid No. 22-011 with Hazard Construction ENGR, LLC, as Complete
14. Approval of Consultant Agreement with STC Traffic, Inc. for Design Services for the Poway Road Safety Improvements Project; RFP No. 23-005
15. Award of Contract for the Lake Poway Recreation Area Live Rainbow Trout Stock; Bid No. 23-004
16. Second Reading and Adoption of Ordinance 857 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Section 2.04.020 of The Poway Municipal Code to Increase Mayor and Council Compensation"
ORDINANCES FOR INTRODUCTION
17. First Reading of Ordinance Amending Chapter 2.18 (Meetings) City Attorney Alan Fenstermacher presented the item stating this proposed amendment is a minor cleanup change to the Municipal Code thus removing a separate item on the agenda for Ordinance Second Reading and Adoption and move Second Reading and Adoption onto the Consent Calendar.
Public Comment:
None.
End of Public Comment.
Council discussion ensued.
As requested by the Mayor, City Clerk Gallagher titled the Ordinance.
Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to introduce Ordinance No. 858 entitled, "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 2.18 of the Poway Municipal Code {Meetings)" and schedule adoption of the Ordinance for December 6, 2022. Motion carried 510 by the following roll-call vote:
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Ayes: Leonard, Frank, Grosch, Mullin, Vaus
Noes: None
Abstained: None
Absent: None
Disqualified: None
ORDINANCES FOR ADOPTION
None.
PUBLIC HEARINGS:
18. Conditional Use Permit (CUP) 21-004; an amendment to CUP 13-004 to Allow the Expansion to an Existing Veterinary Clinic located at 14861 Pomerado Road; APN: 314-710-30 Mayor Vaus opened the Public Hearing at 7:42 p.m.
Associate Planner JohnWilly Aglupos presented the report along with a PowerPoint presentation.
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:45 p.m.
Council discussion ensued. In response to Council questions, a representative for the applicant stated the prior business owner admittedly expanded the facility without an approved amendmentto their CUP. The previous owner sold his business to the current owner and as a Condition of Approval (CUP) of sale, the new owner required the previous owner to bring the expansion into compliance.
Motioned by Mayor Vaus, seconded by Councilmember Leonard to adopt Resolution No. 22-084 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 21-004 to Allow the Expansion to an Existing Veterinary Clinic; Assessor's Parcel Number 314-710-30". Motion carried unanimously.
19. Resolution Adopting an Amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Years 2022-23 through 2026-27
Mayor Vaus opened the Public Hearing at 7:50 p.m.
Associate Civil Engineer Andrea Thomas presented the report.
Public Comment:
None.
End of Public Comment.
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Mayor Vaus closed the Public Hearing at 7:52 p.m.
Council discussion ensued.
/
Motioned by Deputy Mayor Mullin, seconded by Councilmember Leonard to 1) adopt Resolution No. 22-085 entitled, "A Resolution of the City Council of the City of Poway, California, Adopting an Amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Years 2022-23 Through 2026-27", and 2) amend the FY 2022-23 Capital Improvement Program Budget to reflect an increase in projected TransNet revenue of $229,000 and appropriate those funds to the Annual Street Overlay project ST023. Motion carried unanimously.
STAFF REPORTS:
20. Consultant Agreement with Webb Management for PCPA Operational Analysis and Fee Study, RFP 23-003
Director of Community Services Audrey Denham presented the item. She stated great progress has been made at the Poway Center for the Performing Arts (PCPA) as the City works towards creating a more sustainable operating model. She noted the recent completion of the Endowment Campaign Feasibility Study and renegotiation of a mutually beneficial Joint Use Agreement with the Poway Unified School District. She stated the next project is the Operational Analysis and Fee Study. After reviewing the five responsive bids received in response to the Request for Proposals, three finalists were interviewed and ultimately Webb Management Services was selected. The selection was based on their extensive experience with performing arts centers similar to the PCPA. Webb Management also has a local team member who has worked on various projects in San Diego County and is familiar with the PCPA. The selection process included City staff and the PCPA subcommittee made up of Councilmembers Leonard and Grosch. Webb will review all aspects of the PCPA operations including booking, ticketing, 1concessions, policies and procedures, fee structures and user agreements, and then recommend best practices and/or other operational changes to improve efficiency, decrease the operating subsidy and generate additional revenue for the facility.
The study will cost $47,500 and take approximately three to four months to complete with completion expected in early April.
Public Comment:
Janet Lettang spoke in support of a Consultant Agreement with Webb Management and volunteered herself, Kate Hirsch and Jana Johnson, if needed, to collaborate on the project as community advocates for the PCPA.
End of Public Comment.
Council concurred this agreement represents big step forward for the PCPA and is looking forward to finding ways to decrease costs by operating more efficiently, incorporating industry best practices, identifying opportunities for improvement, and revenue enhancement. It was noted community involvement has been good and Council hopes interest will continue.
Motioned by Councilmember Leonard, seconded by Councilmember Grosch to approve the Consultant Agreement with Webb Management Services, Inc., authorize 19 of 22
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the City Manager to execute all necessary documents associated with the Agreement, and appropriate funds for the completion of the study. Motion carried unanimously.
21. Approving a CalPERS 180-day Waiting Period Exception to Hire a Retired Annuitant Director of Human Resources and Risk Management Jodene Dunphy presented the item.
Public Comment:
None.
End of Public Comment.
Motioned by Mayor Vaus, seconded by Councilmember Grosch to adopt Resolution No. 22-086 entitled, "A Resolution of the City Council of the City of Poway, California, for a 180-Day Waiting Period Exception to Hire a Retired Annuitant Pursuant to Government Codes Sections 7522.56 and 21224". Motion carried unanimously.
22. Summary Vacation of Portions of Certain Right-of-Way (VAC21-001) at the Westerly Terminus of Tenth Street (APN: 317-021-30)
Associate Civil Engineer Sara Trunzo presented the item along with a PowerPoint presentation. She provided slides depicting the site location including adjacent neighbors. She noted 10th Street was dedicated and accepted by the County of San Diego in 1888 but was never developed nor used by vehicular traffic. According to the San Diego County's reversionary rights procedures, if the vacation is approved, the specified portion of the right of way will become part of the Chinmaya Mission property, owner of the parcel to the north who requested the vacation of this land. Following the vacation, a 15-foot access easement will be dedicated to preserve California Department of Fish and Wildlife access to the state owned parcel at the west end of 10th Street, and an easement will also be dedicated to cover 12203 Leona Lane's existing driveway and fire truck turnaround which are currently within the 10th street right of way.
Ms. Trunzo noted pursuant to the City's Wildfire Defensible Space Program, no habitat exists in the area to be vacated due to clearing for fire fuel management which has been taking place since the Chinmaya Mission Spiritual Center was developed in 2014. After the vacation, Chinmaya Mission will continue to clear vegetation within the portions of the vacated right of way that is located within the 100-foot fire fuel management defensible space buffer around the existing structure on their property.
Ms. Trunzo stated she has been in communication with residents and neighbors ahead of tonight's meeting to answer their questions. She noted this item is unrelated to a proposed subdivision in the vicinity which will be brought to City Council at a yet to be determined date in the future.
Public Comment:
Jeffrey Schmidt (via teleconference) spoke in support of wildlife and in opposition to a Summary Vacation at this Right-of-Way location.
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Rick Coburn spoke in opposition to the item stating biological effects on wildlife as the reason he believes the Summary Vacation should be denied.
Lori Grennan spoke in support of wildlife and in opposition to Summary Vacation at this Right of-Way location.
End of Public Comment.
Council confirmed this is land which the City was given rights to but has determined has no use for and is returning it to the original owner. Council also confirmed that no environmental impact would occur tonight because no physical changes to the environment would take place with this dedication and reiterated the state owns the land at the end of the road and the trail and easement to Fish and Wildlife would need to remain open and no fence could be built unless approved by Council in the future.
Associate Civil Engineer Trunzo stated Fish and Wildlife voiced no concerns over this vacation and noted a dedicated easement for the trail on existing Chinmaya site.
Council noted if Chinmaya wants to come back and build on this vacation they would have to return to Council for approval. Council agreed to add a Condition of Approval to the Resolution to include "No physical improvements to the vacated property may be made prior to an amendment to the CUP which is required to come to City Council for approval".
Development Services Director Bob Manis reiterated; defensible space clearing is still required.
Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to adopt Resolution No. 22-087 entitled, "A Resolution of the City Council of the City of Poway, California, Ordering the Summary Vacation of a Portion of a Public Street, to Wit: Tenth Street, All in City of Poway Map No. 536 (Vacation No. 21-001 )" amended to include: no physical improvements to the vacated property prior to an amendment to the CUP which is required to come to City Council for approval. Motion carried unanimously.
WORKSHOPS
None.
COUNCIL-INITIATED ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
Councilmember Leonard spoke about the recent Kiwanis pancake breakfast and provided information on the upcoming Kiwanis Holiday with Heroes event.
Councilmember Frank announced the birth of her third child on October 11th.
Councilmember Grosch congratulated Mayor Vaus and future Councilmembers Pepin and De Hoff on their election wins.
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Deputy Mayor Mullins reiterated Councilmember Grosch's comments by congratulating Mayor Vaus and future Councilmembers Pepin and De Hoff on their election wins.
Mayor Vaus spoke regarding his attendance at a recent Fire Fighters Badge Ceremony held here at City Hall, he reminded the public of the sacrifices made by both the sworn personnel and their families.
CITY MANAGER ITEMS
None.
Mayor Vaus recessed the meeting into Closed Session at 8:37 p.m.
CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session)
23. Conference with Real Property Negotiator (Gov. Code § 54956.8) Property: APNs 317-281-17, 317-281-18 & 317-280-46
City Negotiator: City Manager Chris Hazeltine
Persons with whom the City Negotiator May Negotiate: Sean Melvin, Chief Executive Officer, Sportsplex, USA, Inc.
Under Negotiation: Lease and Terms of Use
City Attorney Fenstermacher stated, no reportable action.
ADJOURNMENT
The meeting was adjourned at 9:04 p.m.
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Carrie Gallagher, CMC
City Clerk
City of Poway, California