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2020 02-04CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES February 4, 2020 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 John Mullin, Barry Leonard, Dave Grosch, Caylin Frank, Steve Vaus 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 Aaron Beanan; Human Resources/Risk Management Director Jodene Dunphy; Director of Public Works Eric Heidemann; Fire Chief Jon Canavan; Captain Jeff Duckworth, Sheriffs 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. PRESENTATION None. PUBLIC COMMENT Jessica Holmes invited Council to attend Avocado Day at Old Poway Park (handout on file in the Office of the City Clerk). Yuri Bohlen thanked Council for providing Proposition 218 information. 0750 City of Poway — Minutes — February 4, 2020 Janet Lettang announced Poway Center for the Performing Arts 30th Anniversary Celebration (handout on file in the Office of the City Clerk). Kate Hirsch spoke regarding a survey taken of various community groups that use the Poway Center for the Performing Arts (handout on file in the Office of the City Clerk). Kathleen Lippit spoke about the importance of educating the youth on tobacco use. CONSENT CALENDAR: Motioned by Councilmember Grosch, seconded by Councilmember Leonard to approve Consent Calendar Items 1 through 3. Motion carried by the following roll -call vote: Ayes: Mullin, Leonard, Grosch, Frank, Vaus Noes: None Abstained: None Absent: None Disqualified: None 1. Ratification of Warrant Registers for the Periods of December 23, 2019 through December 27, 2019; and December 30, 2019 through January 3, 2020 2. Approval of the January 7, 2020 Regular City Council Meeting Minutes 3. City's Investment Report as of December 31, 2019 ORDINANCES FOR INTRODUCTION: 4. First Reading of Ordinance Amending Poway Municipal Code Section 5.02.080 of Chapter 5.02 (Business Certificates) City Attorney Alan Fenstermacher presented the report. Mr. Fenstermacher explained that Senate Bill 205 (SB205) requires the City to collect information from certain industrial businesses to confirm they are enrolled in the National Pollutant Discharge System (NPDES) which is administered by the Regional and State Water Quality Control Boards. He further explained that a $28 certificate fee would be charged as the SB205 requirement is an unfunded state mandate. In response to Council inquiry, Director of Finance Aaron Beanan explained that the proposed SB205 certificate fee was calculated based on Customer Services and Development Services projected staff time, multiplied by their hourly rate of pay and adding in mid-level benefits. No speakers. Motioned by Councilmember Mullin, seconded by Councilmember Leonard to adopt Resolution No. 20-005 entitled "A Resolution of the City Council of the City of Poway, California, Amending the Master Fee Schedule to Establish an Administrative Fee for SB 205 Pursuant to Chapter 5.02 of the Poway Municipal Code," and introduce Ordinance No. 839 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 5.02 (Business Certificates) of the Poway Municipal Code" and schedule adoption of the Ordinance for February 18, 2020. Motion carried by the following roll -call vote: 0751 City of Poway — Minutes — February 4, 2020 Ayes: Mullin, Leonard, Grosch, Frank, Vaus Noes: None Abstained: None Absent: None Disqualified: None ORDINANCES FOR ADOPTION: None. PUBLIC HEARINGS: 5. Conduit Financing for the Poway Commons Apartments Affordable Housing Project Mayor opened the public hearing at 7:17 p.m. Senior Management Analyst Marie Sanders presented the report. Ms. Sanders explained that the request is for City approval of the issuance of tax-exempt bonds from California Municipal Finance Authority (CMFA) to Chelsea Investments Corporation for the Senior Affordable Housing Project to be developed as part of the Poway Commons Development Project. Ms. Sanders clarified that the debt to be issued by the CMFA will be the sole responsibility of the borrower and the City will not have any financial or legal obligation or responsibility with regard to the repayment of the debt. Ms. Sanders further explained that Chelsea Investments Corporation is requesting $12,000,000 for the acquisition, construction, improvement and equipping of the development. No speakers. Mayor closed the public hearing at 7:20 p.m. Council discussion ensued in favor of the conduit financing for the project. Motioned by Councilmember Mullin, seconded by Councilmember Leonard to adopt Resolution No. 20-006 entitled "A Resolution of the City Council of the City of Poway, California, Approving the Issuance of the California Municipal Finance Authority Multifamily Housing Revenue Bonds in an Aggregate Principal Amount Not to Exceed $12,000,000 for the Purpose of Financing or Refinancing the Acquisition, Construction, Improvement and Equipping of Poway Commons and Certain Other Matters Relating Thereto." Motion carried unanimously. STAFF REPORTS: 6. Pre -Development Conference 19-003; A request for review of a proposal for a commercial orchid nursery at the northwest corner of Poway Road and California State Route 67 Associate Planner Scott Nespor explained that the review of the Pre -Development Conference (PDC) 19-003 is advisory only and council would not render any decision. Mr. Nespor further explained that the property is zoned RR -A which allows horticultural uses as well as the wholesaling of agricultural products. Mr. Nespor also explained that the City's Municipal Water District does not extend to eastern Poway and the greenhouse would need to utilize ground water or imported water brought on-site by truck. 0752 City of Poway — Minutes — February 4, 2020 Mayor Vaus announced that the Owner of Ho Enterprises, LLC, Eric Ho and Engineer Bill Yen were available to answer any questions. Dee Fleischman spoke in opposition of the project explaining that the General Plan doesn't allow orchid cultivation. Ms. Fleischman also voiced concern regarding water usage since the project would rely on intense ground water or water being trucked in since water service is not available in that area. Lynnette Perkes spoke in opposition of the PDC due to the large amount of ground water usage and the potential for future water service requests in that area. Speaker in Support of staff's recommendation but did not speak: Eric Ho and Bill Yen Council discussion ensued. In response to Council inquiry, Mr. Nespor explained that the Poway Municipal Code allows horticultural uses by right. Mr. Manis further explained that agriculture and horticulture can take on a number of forms and the growing of orchids falls under greenhouse use which is considered agricultural use. Mr. Manis clarified that the question before Council is if the PDC moves forward in a development review, would be whether or not it is appropriate to have larger structures in that location and if the structures are consistent with the Poway General Plan and the View Corridor. In response to Council inquiry, Mr. Manis explained that wells are regulated by the County who would have to supply a permit to the Owner. Mr. Manis further explained that there is no guarantee that the Owner would have sufficient water from a well and will likely have to supplement water with a storage tank and have water delivered to the site since municipal water service is not available at this property. Mr. Manis further explained that, while not a part of the proposed project, extending water service to east Poway would not trigger a Proposition FF vote but may prompt other properties to develop and request a re -zone which then would require a Proposition FF vote. Councilmember Mullin explained that the project is not consistent with the scenic corridor or with the Poway General Plan. Councilmember Leonard agrees with Councilmember Mullin in that the project does not fit with the vision of the Poway General Plan. He explained that he does not envision a large greenhouse or a fence or a wall in that location and a nursery would harm the aesthetics of the property. Councilmember Grosch agreed with both Councilmember Mullin and Councilmember Leonard in that the project would be out of character for the location. Councilmember Grosch expressed concern regarding the number of employees working at the facility that would require parking, the amount of trucks that would access the property through Poway Road and the amount of water tanks situated on the property. Deputy Mayor Frank believes that the visual, traffic and parking impacts would be more commercial than agricultural. She explained that the project is not appropriate for the site and would significantly impact the scenic roadway as it does not fit with the intent of the Poway General Plan. 0753 City of Poway — Minutes — February 4, 2020 Mayor Vaus explained that when he thinks of agriculture in the area, he wants to see amber waves of grain and not 16 -foot greenhouses although he appreciates the interest in bringing business to Poway. Council received and filed the report. No action taken. 7. Water Customer Bill Credit Director of Finance Aaron Beanan presented the report along with a slideshow presentation. Mr. Beanan explained that the one-time fixed charge credit is equal to 1/8 of the applicable water charges because it represents the one-week period out of the eight-week billing cycle the precautionary boil water advisory was in effect. In addition, he explained that funds totaling $420,000 are being requested from the City's Extreme Events portion of the General Fund Reserves to cover the costs of the bill credits. He further explained that pursuant to the General Fund Reserve Policy, staff will return to Council during the mid -year budget with a plan to replenish the reserves and any plans proposed will not include the use of water funds so rate payers will not be impacted. Yuri Bohlen suggested that water bill credits should be applied in levels according to the customers water usage. Councilmember Mullin voiced his opposition to the water customer bill credit due to the precautionary water boil advisory being a fluke incident and the use of General Fund dollars to fund an enterprise issue. Council discussion ensued in support of the issuance of a one-time fixed charge credits and one-time variable charge credits. Motioned by Mayor Vaus, seconded by Councilmember Mullin, to direct staff to issue a one-time fixed charge credits and one-time variable charge credits, equal to 1/8th of a water customer's applicable charges, to those customers who experienced the precautionary boil water advisory event in a total amount not to exceed $420,000 using the General Fund's Extreme Events/Public Safety reserve per City Council direction at the December 17, 2019 council meeting. Motion carried 4/1, with Councilmember Mullin voting no. WORKSHOPS: None. COUNCIL -INITIATED ITEMS: None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) The Mayor and Council made announcements and reported on various events taking place in the City. No action was taken. Councilmember Grosch thanked volunteers and Public Works for their participation in the Twin Peaks Clean -Up volunteer event. 0754 City of Poway — Minutes — February 4, 2020 Deputy Mayor Frank spoke regarding the Elevate SD 2020 MTS ballot initiative and explained that current bus routes in Poway would have extended frequency and hours. CITY MANAGER ITEMS: None. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) 8. Workshop Regarding New State Housing Laws City Attorney Alan Fenstermacher presented the report along with a slideshow presentation. Mr. Fenstermacher explained that Senate Bill (SB) 330, also known as Housing Crisis Act of 2019, went into effect January 1, 2020. Mr. Fenstermacher further explained that the purpose of SB 330 is to prevent any future planning that would reduce the allowed density of housing on any site and preclude approving specific projects where housing would be eliminated to be replaced with less housing. In addition, Mr. Fenstermacher clarified that the City can decrease the density of a given site if they increase it elsewhere. Mr. Fenstermacher further explained that on a project level, the city can't approve a housing development project unless there is no net loss of existing units but if it is demolished and a warehouse is put in its place, it is acceptable. Mr. Fenstermacher explained that with the Housing Accountability Act, there are only two ways that the City can deny any proposed housing development project: 1) if the project doesn't comply with objective general plan or other zoning standard or 2) if it would result in a specific adverse health and safety impact that cannot be mitigated. No speakers. Council discussion. In response to Council inquiry, Mr. Fenstermacher explained that the City will be most affected by new state housing laws where there is still room for residential development like in the Poway Road Specific Plan, and there will be limited ability to reduce density if the proposed projects comply with all standards. In addition, Mr. Fenstermacher explained that in a specific plan there is more discretion to determine whether or not the project is consistent with the specific plan, but if the project is denied even though it is within the base density and complied with all objective specific plan standards, a lawsuit can be brought forward to force the City to approve the project and potentially be fined $10,000 per unit that was denied. Council received and filed the report. No action was taken. ADJOURNMENT The meeting adjourned at 8:26 p.m. 0755 Faviolina, CMC City Clerk City of Poway, California