Loading...
2019 05-07City of Poway – Minutes – May 7, 2019 0653 CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES May 7, 2019 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 Mullin, Leonard, Frank, Grosch, Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; Assistant City Attorney John Ramirez; City Clerk Faviola Medina; Community Services Director Brenda Sylvia; Development Services Director Bob Manis; Finance Director Donna Goldsmith; Human Resources/Risk Management Director Jodene Dunphy; Director of Public Works Michael Obermiller; Acting Director of Safety Services Jon Canavan; Captain Jeff Duckworth, 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 Grosch led the pledge of allegiance. PRESENTATION Mayor Vaus declared a moment of silence for the victims of the shooting that occurred at the Chabad Synagogue in Poway. Councilmembers gave their condolences and voiced their support for the victims and the Chabad Synagogue. Mayor Vaus introduced the new City Manager, Chris Hazeltine. He brings to Poway more than 30 years of local government experience. Mayor Vaus presented a proclamation to City Clerk Faviola Medina, honoring May 5 through May 11 as Municipal Clerks Week.    City of Poway – Minutes – May 7, 2019 0654 PUBLIC ORAL COMMUNICATIONS Layla Aubrey spoke regarding the Poway Chabad Synagogue shooting and the safety and social issues in Poway. Dianne Smith made suggestions for fundraising for the Poway Chabad Synagogue. Mike Fry spoke regarding the use of sewer deduct meters to measure water usage. Joe St. Lucas announced that May 12th is National Fibromyalgia Awareness Day. Juliet Vasel-Phillips shared that the Poway Center for the Performing Arts will have a mental health art exhibit on display on Thursday May 16 and encouraged the community to attend. 1. CONSENT CALENDAR Motioned by Deputy Mayor Grosch, seconded by Councilmember Mullin to approve Consent Calendar Items 1.1 through 1.7. Motion carried by the following roll-call vote: Ayes: Mullin, Leonard, Frank, Grosch, Vaus Noes: None Absent: None 1.1 Approval of Reading by Title only and Waiver of Reading in full of Ordinances on Agenda 1.2 Ratification of Warrant Registers for the Periods of March 25, 2019 through March 29, 2019; and April 1, 2019 through April 5, 2019; and April 8, 2019 through April 12, 2019 1.3 Approval of the April 2, 2019 and April 16, 2019 Regular City Council Meeting Minutes 1.4 Award of Contract to SRM Contracting and Paving for the 2018-2019 Street Overlay Project; Bid No. 19-013 1.5 Approval of Consultant Agreement between the City of Poway and Infrastructure Engineering Corporation (IEC) for Design Services for the Clearwell Upgrades Project (CIP #WTR0020) 1.6 Acceptance of the Traffic Signal Controller Upgrades Project; Bid No. 18-009, HMS Construction, Inc. 1.7 Comprehensive Annual Financial Report – FY 2017/18 2. ORDINANCE None. 3. PUBLIC HEARING 3.1 Tentative Parcel Map 16-001; A Request for Approval of a Two-Lot Subdivision Located at 14724 Pomerado Road in the Residential Single Family – 3 (RS-3) Zone Mayor opened the public hearing at 7:34 p.m. City of Poway – Minutes – May 7, 2019 0655 Associate Planner Scott Nespor presented the report along with a slideshow presentation. Mr. Nespor stated that the project is a request to subdivide a 1.02-acre parcel into two lots; one lot has an existing residence and the other lot will have a residence constructed on it. The improvements for the subdivision will include construction of a fire hydrant, street trees and irrigation, widening approximately 250-feet of Kozy Crest Lane to meet the Private Road minimum and the replacement of existing overhead utility lines with underground lines. Speakers in opposition: Karen Kay, Jamie Grover, Lorraine Grover and Randall C. Sterling Speakers in support: Torrey Powers, John Dinh and Sylvia Norman Motioned by Councilmember Leonard, seconded by Deputy Mayor Grosch to close the public hearing at 7:54 p.m. Motion carried unanimously. Council discussion ensued regarding the required road improvements and easement. In response to Council inquiry, Development Services Director Bob Manis stated that the road easement is for widening of the road of approximately one to three feet in width. The road widening is required per the Poway Municipal Code for fire access due to the number of homes on the cul-de-sac located on a private road. The undergrounding of overhead lines is due to a policy that the City Council adopted. The title report grants the property owner rights to the easement for access and utilities. In response to Council inquiry, Development Services Director Bob Manis explained that if there is a road maintenance agreement in place, the owner of the subject property would be required to join the agreement, if not, the neighborhood would be responsible of forming one, but the road maintenance agreement is not part of the map approval conditions. Mr. Manis stated that if certain conditions are included with the approval of the map and the applicants cannot comply with the conditions, either through litigation or other reasons, they must return to Council to amend the map. The City will then have to determine whether or not they can make the findings to approve the amended map without certain items included. The undergrounding of overhead lines is a condition of approval of the map due to a policy that the City Council adopted encouraging undergrounding for aesthetics and safety reasons. When there are new subdivisions, undergrounding is usually a requirement. In response to Council inquiry Mr. Manis stated that initially, the City was requiring the installation of a fire hydrant at the end of the new property, in the easement, but the property owner objected to this. It is City policy to install a water main for a fire hydrant and it requires an easement to be granted to the City for maintenance and repairs which the property owner did not want to provide. Mr. Manis explained that the City doesn’t know where the water lateral lines are since they are private lines. If the contractor that is hired by the applicant damages any water lines, the property owner would be responsible for all of the repairs. In response to Council inquiry, Assistant City Attorney John Ramirez stated that the easement is a contract between private parties and the City is not a part of that easement. Mr. Ramirez further clarified and said that if there is some dispute as to whether or not that easement allows construction and if the condition can not be adhered to; the condition would come back to the City for future determination. The City can approve or disapprove at its discretion without incurring any liability because of the scope of the easement and would not be a part of a legal dispute due to the indemnification the property owner signed. City of Poway – Minutes – May 7, 2019 0656 In response to Council inquiry, Development Services Director Bob Manis explained that an Accessory Dwelling Unit (ADU) may be built on the property without the improvements required by the City. If an ADU is under 750 square feet, a permit does not have to be pulled, but if it is over 750 square feet, it would require a minor development review application. The construction of an ADU would not require widening of Kozy Crest Lane to meet the Private Road minimum or the undergrounding of overhead utility lines. Motioned by Councilmember Mullin, seconded by Councilmember Leonard to adopt Resolution No. P-19-08 entitled “A Resolution of the City Council of the City of Poway, California, Approving Tentative Parcel Map 16-001, Assessor’s Parcel Number 314- 350-29.” Motion carried unanimously. 4. STAFF REPORT 4.1 Appropriation of Funds for the Acquisition of Real Property at Van Dam Peak for Open Space Director of Development Services Bob Manis presented the report with a slideshow presentation. Mr. Manis stated that two grants have been approved that will provide $1,500,000 toward the acquisition of 162.31 acres near Van Dam Peak for open space. The City has committed $125,000 from the Habitat In-Lieu Fee Fund towards the purchase of the parcels and an additional $50,000 is to be held temporarily in escrow and reimbursed after the sign is installed. The total purchase price of the four parcels is $1,698.000, with Trust for Public Lands funding the difference beyond the $1,625,000. No speakers. Motioned by Mayor Vaus, seconded by Deputy Mayor Grosch to appropriate an additional $60,000 from the Habitat In-Lieu Fee Fund for the acquisition of real property, APNs #316-020-04-00, #316-020-05-00, #316-020-20-00, and #316-020-21-00 for open space. Motion carried by unanimously. 4.2 Update on the Hazard Mitigation Grant Program (HMGP) Application and Reconciliation of Funds for the Maintenance of Landscape Maintenance Districts (LMDs) 83-1 and 86-1 Assistant Director of Public Works Eric Heidemann presented the report along with a slideshow presentation. He explained that at the Council meeting of March 19, 2019, City Council authorized staff to submit an application under the Federal Emergency Management Agency Hazard Mitigation Grant Program in the amount of $2,000,000 for hazardous tree removals along Twin Peaks and Espola roads, and to also roll all unused funds that were appropriated to LMDs 83-1 and 86-1 for emergency water and tree maintenance to Fiscal Year 2019-20. West Coast Arborists Representative Mike Palat and Disaster Service Coordinator Susy Turnbull were available to answer any questions. Speaker in opposition: Toni Bates Submitted speaker slips in opposition but did not wish to speak: Dan Mathson, Kandyce Williams, Jim Williams, Jana Weber, Rob Weber, Laurie Hinzman, Bob Hinzman, Lee Bates, Bob Leiter, Kevin Vandeberg, Greg Lahan and Tim Jara City of Poway – Minutes – May 7, 2019 0657 Council discussion ensued about holding a workshop after reviewing the proposed City budget, about the LMD re-balloting, outreach program, health and safety concerns about the condition of the trees, and funding sources in the event that the grant isn’t awarded to the City. Council directed staff to schedule a workshop for July 16. Motioned by Councilmember Mullin, seconded by Councilmember Leonard to: 1) Direct staff to defer work on the tree risk assessment until the HMGP is awarded and until such time that tree removal work is ready to begin; and 2) Authorize $97,197, which are the unused funds appropriated to LMD 83-1 (water: $77,265, trees: $19,932) and $75,702, which are the unused funds appropriated to LMD 86-1 (water: $51,660, trees: $24,042) be rolled over to Fiscal Year 2019-20 for the same intended purpose. Motion carried unanimously. 4.3 City of Poway and Poway Unified School District (PUSD) Joint Use Agreement for Cooperative Facilities Use and Maintenance Community Services Director Brenda Sylvia presented the item. Ms. Sylvia summarized that on April 2, 2019, the City Council continued this item to the May 7, 2019 meeting due to questions being raised about the draft agreement that required further discussion. She added that staff recommends a further continuance so that additional questions may be answered, and a comprehensive understanding of responsibilities and impacts can be realized. No speakers. Motioned by Mayor Vaus, seconded by Councilmember Frank to continue this item to an undetermined meeting date. Motion carried unanimously. 5. WORKSHOP None. 6. MAYOR AND CITY COUNCIL-INITIATED ITEMS The Mayor and Council made announcements and reported on various events taking place in the City. No action was taken. COUNCILMEMBER COMMITTEE REPORTS - Pursuant to AB1234 – G.C. §53232.3(d) Councilmember Leonard gave an update on the recent meeting of the San Diego County Water Authority. Mayor Vaus recommended that the City Manager and the Sheriff’s Department work together to discuss Active Shooter Training for the community. Mayor Vaus provided an update on the recent SANDAG meeting. With Council concurrence, the Mayor requested to bring back an update regarding the TransNet Extension Ordinance at the next Council meeting. 6.1 Request Council Concurrence of Acting Committee Appointments to the Budget Review Committee per Government Code 54974(b). City of Poway — Minutes — May 7, 2019 Councilmember Mullin selected Michael Firenze to serve as an acting member on the Budget Review Committee. Council concurred with the appointment. 7. CITY MANAGER ITEMS City Manager Chris Hazeltine thanked the Council and stated that he looks forward to working with the community. 8. CITY ATTORNEY ITEMS None. ADJOURNMENT The meeting adjourned at 8:56 p.m. ��Zx Faviola Medina , CMC City Clerk City of Poway, California