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2019 05-21CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES May 21, 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, Frank, Grosch, Vaus ABSENT Leonard STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; 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 None. MOMENT OF SILENCE Mayor Vaus stated that the City Council will observe a moment of silence at the beginning of each Council meeting as suggested by Rabbi Goldstein from the Chabad of Poway Synagogue. PUBLIC ORAL COMMUNICATIONS 0659 City of Poway — Minutes — May 21, 2019 Loretta Gibson, Poway Librarian, spoke regarding upcoming events at the Poway Library and stated that all events can be found on their website. Michael Rennie, representing Poway OnStage, spoke regarding upcoming performances at the Poway Center for Performing Arts. Tony Rubino introduced Poway Padres players Barry Cunningham and Jason Polson and thanked the City for their continued support, specifically recognizing the upcoming groundbreaking of the Villa De Vida housing project. Kathy Lippitt requested Council support in a lawsuit led by the California League of Cities against the state for violating Proposition 64 related to local control of marijuana use and provided a handout for more information (on file in the Office of the City Clerk). Sharon Gruber introduced the newly installed 2019 Miss Poway Court Brianne Stark, Miss Poway Carly Jennings, Miss Poway 1st Princess Isabel Friedl, Miss Poway 2nd Princess Ayana Patel, Miss Teen Poway Kayne Collins, Miss Teen Poway 1st Princess Sophia Dahlen, Miss Teen Poway 2nd Princess Shruti Chari, Miss Junior Teen Poway Ellie O'Connell, Miss Junior Teen 1st Princess Tina Khadem, Miss Junior Teen Poway 2nd Princess Anastasia Rayhall, Miss Pre -Teen Poway Cynthia Herman, Miss Pre -Teen Poway 1st Princess 1. CONSENT CALENDAR Motioned by Councilmember Frank, seconded by Deputy Mayor Grosch to approve Consent Calendar Items 1.1 through 1.13. Motion carried by the following roll -call vote: Ayes: Mullin, Frank, Grosch, Vaus Noes: None Absent: Leonard 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 April 15 through April 19, 2019; and April 22 through April 26, 2019 1.3 Approval of the May 7, 2019 Regular City Council Meeting Minutes 1.4 Award of Contract to SC Commercial, LLC (dba The SoCo Group) for Various Fuels 1.5 Award of Contract to Good -Men Roofing & Construction, Inc., for City Facilities Roofing and HVAC Replacement 2018-19; Bid No. 19-012 1.6 Award of Consultant Agreement to KTUA for As -Needed Landscape Architectural Design Services; RFP 19-012 City of Poway — Minutes — May 21, 2019 1.7 Acceptance of the Community Park Electrical Upgrades Project; Bid No. 19-002, Ace Electric, Inc. 1.8 Adoption of Resolution No. 19-022 entitled "A Resolution of the City Council of the City of Poway, California, Authorizing Certain City Officials to Terminate Covenants and Other Restrictions on Private Property on behalf of the City of Poway" In response to Council inquiry, Development Services Director Bob Manis clarified that the proposed Resolution gives the City Manager, Assistant City Manager and Development Services Director authority to terminate covenants placed on properties and is being proposed to streamline processes. 1.9 Approval of Final Parcel Map for Tentative Parcel Map 17-001; Sorrento West Properties Inc., Applicant (APN 323-092-31) 1.10 Acceptance of the 2018 Manhole Rehabilitation Project; Bid No. 18-023 1.11 Award of Contract to Blue Pacific Engineering & Construction for the Martincoit Road Sewer Upsize Project; Bid No. 19-015 1.12 Approval of Consultant Agreement between the City of Poway and Psomas for Design Services for the Exposed Sewer East of Martincoit Project (CIP SWR0005) 1.13 City's Investment Report as of March 31, 2019 2. ORDINANCE None. 3. PUBLIC HEARING 3.1 Public Hearing for Newly Formed Landscape Maintenance District No. 19-1, Take Public Testimony and Tabulate Ballots Assistant Director of Public Works Eric Heidemann introduced Special Counsel Kelly Salt of BB&K, LLP and Beatrice Medina from Willdan Financial Services. Mayor Vaus opened the public hearing at 7:24 p.m. City Clerk Medina stated that the notice of the public hearing and distribution of the assessment ballots have been completed in the manner and form as required by law. Special Counsel Kelly Salt of BB&K, LLP, stated that the Council would consider all valid ballots submitted prior to the close of the public hearing. If a majority protest exists, the ballots timely submitted are weighted according to the proportional financial obligation of each affected property. Council may continue the tabulation of the ballots to a later time and location if the continued time and location are announced at the public hearing. If there is no majority protest, Council may adopt the proposed resolution authorizing the increase and levy of the annual assessments for LIVID 19-1 and detachment of properties from LIVID 87- 1. 0661 City of Poway — Minutes — May 21, 2019 Assistant Director of Public Works Eric Heidemann presented the report along with a presentation outlining the proposed re -engineered district and assessments that result in properties being detached from LMD 87-1 to create LMD 19-1. No speakers. Mayor Vaus reminded property owners in attendance that their ballots must be received prior to the close of the public hearing and called for any remaining ballots to be submitted. There were no additional ballot submissions. Mayor Vaus announced that the City Council will continue with the remainder of the agenda to allow for tabulation of the assessment ballots. Mayor Vaus closed the public hearing at 7:35 p.m. 3.2 Minor Development Review Application 19-005 and Variance 18-005; A Request to Allow an Addition and New Garage at a Residence at 12217 Boulder View Drive to Observe a 22.5 -Foot Front Yard Setback when a 40 -Foot Setback is Required Mayor Vaus opened the public hearing at 7:36 p.m. Associate Planner Scott Nespor presented the report along with a presentation to discuss the project site and proposed development. Mr. Nespor stated that the existing residence will be rebuilt and the required findings for the setback variance can be made due to unique circumstances that exist for the property. James Allison inquired about how the front -yard setback is measured. Sherry Bravo, owner, expressed concerns with the MDRA process. Motioned by Deputy Mayor Grosch, seconded by Councilmember Frank to close the public hearing at 7:43 p.m. Motion carried unanimously. Council discussion ensued in support of staff's recommendation. In response to James Allison's inquiry, Associate Planner Scott Nespor clarified that the front -yard setback is measured from the front property line. Motioned by Councilmember Mullin, seconded by Deputy Mayor Grosch to adopt Resolution No. P-19-09 entitled "A Resolution of the City Council of the City of Poway, California, Approving Minor Development Review Application 19-005 and Variance 18-005, Assessor's Parcel Number 317-200-16." Motion carried 4/0, with Councilmember Leonard absent. 4. STAFF REPORT 4.1 SANDAG Proposed Modifications to the Expenditure Plan of the TransNet Extension Ordinance Development Services Director Bob Manis presented the report and stated that SANDAG Board of Directors recently presented a new vision for the Regional Transportation Plan emphasizing new public transportation and did not include 14 City of Poway — Minutes — May 21, 2019 unconstructed highway projects that were included in the expenditure plan when San Diego voters voted to approve the 40-year'/2 cent sales tax TransNet Extension Ordinance in 2004. Additionally, Mr. Manis stated that the reallocation of TransNet funding for the new plan will further delay needed highway improvements that were promised to San Diego County voters. Tammy Slater spoke in support of public transportation and improving transit services in Poway. Joe St. Lucas submitted a speaker slip in opposition to SANDAG's new plan but did not wish to speak. Robin Joy Maxson, representing Ramona Community Planning Group, requested Council support to improve the safety of State Route 67. Dan Summers, representing Ramona Community Planning Group, spoke in support of opposing SANDAG's new proposed expenditure plan and encouraged the use of funds towards road and safety improvements along highway 67. Mayor Vaus stated that Councilmember Leonard supports requesting that SANDAG prioritize projects that enhance roadways as agreed upon by the taxpayers in 2004. Council discussion included prioritizing and appropriating the funds towards the unfunded highway projects that were identified in the TransNet Extension Ordinance prior to constructing mass transit as presented in the new vision. Additionally, the Mayor commented on AB 805, which substantially changed the voting structure at SANDAG to allow cities to call for a weighted vote, based on population, that could potentially overturn the initial tally vote outcome. Council directed staff to compose a letter to SANDAG to address their concerns over the new vision for the Regional Transportation Plan and to request that the road improvements along certain highways be prioritized in the new expenditure plan. Council requested that the letter be signed by all Councilmembers. 3.1 Public Hearing for Newly Formed Landscape Maintenance District No. 19-1, Take Public Testimony and Tabulate Ballots — (the remainder of Item 3.1 was heard at this time) Mayor Vaus announced that the City Clerk notified the City Council that the tabulation of the assessment ballots was completed. At the request of the Mayor, City Clerk Medina reported the results of the tabulation of the assessment ballots. City Clerk Medina announced the ballot results as follows: 360 assessment ballots were mailed to the property owners within the boundaries of the proposed assessment district; 210 assessment ballots were received prior to the close of the public hearing; 92 assessment ballots representing $234,255.00 of assessments were submitted in support of the levy of the proposed assessment district; 118 assessment ballots representing X1. M. City of Poway — Minutes — May 21, 2019 $188,215.86 of assessments were submitted in opposition to the levy of the proposed assessments within the assessment district; 360 parcels are proposed to be detached from LIVID 87-1; 0 submitted written protests to the proposed detachment of their parcels from LIVID 87-1 prior to the close of the public hearing; the assessment ballots in support of the formation of LIVID 19-1 and the levy of the assessments outweigh the assessment ballots in opposition to the formation of LIVID 19-1 and the levy of the proposed assessments, therefore, there is no majority protest. Special Counsel Kelly Salt of BB&K, LLP, stated that the City Council may proceed with the formation of LIVID 19-1 and adopt the resolution declaring the results of the ballot protest procedure. Motioned by Councilmember Mullin, seconded by Councilmember Frank to 1) adopt Resolution No. 19-023 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Results of the Property Owner Protest Ballot Proceeding conducted for the Levy of Assessments Related to the Formation of the City of Poway Landscape Maintenance District 19-1 and the Written Protest Proceeding for the Detachment of Territory from the City of Poway Landscape Maintenance District No. 87-1, and Approving Certain Related Actions; and 2) adopt Resolution No. 19-024 entitled "A Resolution of the City Council of the City of Poway, California, Approving the Formation of the City of Poway Landscape Maintenance District No. 19-1, Confirming the Engineer's Report, the Assessment Diagram and Assessments Related thereto, Overruling All Protests Concerning the Assessments and the Detachment of Certain Parcels from the City of Poway Landscape Maintenance District No. 87-1, Approving the Levy and Collection of Assessments Commencing in Fiscal Year 2019-20; and Detaching Certain Territory from City of Poway Landscape Maintenance District No. 87-1." Motion carried by the following roll -call vote: Ayes: Mullin, Frank, Grosch, Vaus Noes: None Absent: Leonard 5. WORKSHOP 101507M 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 Frank gave an update on the recent meeting of the Metropolitan Transit System Board meeting. 6.1 Request Council Concurrence of Committee Appointment to the Budget Review Committee per Government Code 54974(a) Council concurred to appoint Michael Firenze to the Budget Review Committee as nominated by Councilmember Mullin to fill the unscheduled vacancy. 0664 City of Poway — Minutes — May 21, 2019 7. CITY MANAGER ITEMS None. 8. CITY ATTORNEY ITEMS CLOSED SESSION: 8.1 Conference with Legal Counsel — Anticipated Litigation Government Code § 54956.9(d)(2) — two (2) cases At the request of City Attorney Alan Fenstermacher, Mayor Vaus adjourned the meeting into Closed Session at 8:20 p.m. City Council came out of Closed Session at 8:50 p.m. and City Attorney Fenstermacher announced that there was no reportable action taken. ADJOURNMENT The meeting adjourned at 8:50 p.m. /V--- Faviola MeOna, CMC City Clerk City of Poway, California TOW