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2020 04-07CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES April 7, 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 7:04 p.m. ROLL CALL John Mullin, Barry Leonard (via teleconference), Dave Grosch, Steve Vaus ABSENT Caylin Frank STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher (via teleconference); City Clerk Faviola Medina; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources/Risk Management Director Jodene Dunphy; Fire Chief Jon Canavan. (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 Councilmember Grosch led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. PUBLIC COMMENT Yuri Bohlen, via teleconference, spoke regarding emergency preparedness during the pandemic. CONSENT CALENDAR Motioned by Mayor Vaus, seconded by Councilmember Grosch to approve Consent Calendar Items 1 through 3. Motion carried by the following roll -call vote: 0769 City of Poway — Minutes — April 7, 2020 Ayes: Mullin, Leonard, Grosch, Vaus Noes: None Abstained: None Absent: Frank Disqualified: None 1. Approval of the March 3, 2020 Regular City Council Meeting Minutes 2. Poway Housing Successor Annual Housing Report FY 2018-19 3. Set Public Hearing to Consider Adoption of FY 2020-21 Solid Waste Rate Increase for EDCO Waste and Recycling Services ORDINANCES FOR INTRODUCTION None. ORDINANCES FOR ADOPTION None. PUBLIC HEARINGS 4. Resolution Approving 2% Increase in Regional Transportation Congestion Improvement Program Traffic Mitigation Fee for FY20-21, as Required by the TransNet Ordinance Mayor opened the public hearing at 7:07 p.m. City Engineer Melody Rocco presented the report and explained that the funds collected from this fee will be used for roadway and traffic signal improvements at various locations throughout the City. No speakers. Mayor closed the public hearing at 7:09 p.m. Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution No. 20-014 entitled "A Resolution of the City Council of the City of Poway, California, approving a 2% increase in the Regional Transportation Congestion Improvement Program (RTCIP) Traffic Mitigation Fee for Fiscal Year (FY) 2020-21, as required by the Transnet Ordinance." Motion carried 4/0/1, with Deputy Mayor Frank absent. 5. An Ordinance Adopting the 2019 Engineering and Traffic Survey Mayor opened the public hearing at 7:10 p.m. City Engineer Melody Rocco presented the report. Ms. Rocco explained that new speed data was collected December 2019 to update the engineering and traffic survey to comply with California Vehicle Code requirements for enforcement. Based upon the new speed data collected, Ms. Rocco highlighted that only one location, Kirkham Road from Kirkham Court to Scripps Poway Parkway, is being proposed for a speed limit change to 35 mph. 0770 City of Poway — Minutes — April 7, 2020 No speakers. Mayor closed the public hearing at 7:13 p.m. As requested by the Mayor, City Clerk Medina titled the Ordinance. Motioned by Mayor Vaus, seconded by Councilmember Grosch to introduce Ordinance No. 841 entitled "An Ordinance of the City Council of the City of Poway, California, adopting the 2019 Engineering and Traffic Survey" and schedule adoption of the Ordinance for April 21, 2020. Motion carried 4/0/1, with Deputy Mayor Frank absent. Ayes: Mullin, Leonard, Grosch, Vaus Noes: None Abstained: None Absent: Frank Disqualified: None 6. St. Bartholomew Environmental Assessment, Conditional Use Permit 18-019, Development Review 18-008, and Variance 19-001, a request to expand St. Bartholomew' s Episcopal Church Parish Community Center and Preschool at 16275 Pomerado Road Mayor opened the public hearing at 7:15 p.m. City Planner Dave De Vries presented the report along with a slideshow presentation. Mr. De Vries discussed the proposed phased expansion that includes demolishing the existing parish hall, establishing a new parking lot area, expanding the existing preschool playground area, constructing a new parish center community center and increasing the maximum number of preschool students from 82 to 154. Mark Davis, Project Manager and Chair of St. Bartholomew's Architectural Committee, via teleconference, gave a brief overview of the project. In response to Council inquiry, Mr. Davis explained that the project will be phased to avoid disruption in services. No speakers. Mayor closed the public hearing at 7:25 p.m. Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution No. 20-015 entitled "A Resolution of the City Council of the City of Poway, California, approving Conditional Use Permit 18-019, Development Review 18-008, Variance 19- 001 for the expansion of St. Bartholomew Episcopal Church located at 16275 Pomerado Road, Assessor's Parcel Number 275-510-19" and Resolution No. 20-016 entitled "A Resolution of the City Council of the City of Poway, California, adopting a Mitigated Negative Declaration for Conditional Use Permit 18-019, Development Review 18-008, Variance 19-001 for an expansion at St. Bartholomew Episcopal Church. Assessor's Parcel Number 275-510-19." Motion carried 4/0/1, with Deputy Mayor Frank absent. STAFF REPORTS 7. La Manda Drive Parking Status 0771 City of Poway — Minutes — April 7, 2020 City Engineer Melody Rocco presented the parking update, as requested by City Council, regarding the time restricted No Parking zones established on La Manda Drive at the August 6, 2019 City Council meeting. Ms. Rocco explained that the Sheriff's Department has not had any enforcement issues in the neighborhood and that staff has not been contacted regarding the parking changes since they were completed. She added that staff recommends keeping the parking as established. She further added that staff received correspondence from three area residents indicating support of the time restricted No Parking zone. No speakers. City Council received and filed the report. No action was taken. 8. A Resolution Approving Midblock Crosswalks on Kirkham Way west of General Atomics Way and on Stowe Drive Between Scripps Poway Parkway and Kirkham Way City Engineer Melody Rocco presented the report along with a slideshow presentation. Ms. Rocco explained that the crosswalks will facilitate pedestrian connectivity between the existing General Atomics facilities located on both sides of Kirkham Way and Stowe Drive. Ms. Rocco further explained that the requested crosswalks are appropriate with the recommended improvements. She added that the Traffic Safety Committee unanimously voted to support staff's recommendation. No speakers. Council discussion ensued in support of the crosswalks and recommended traffic improvements. Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution No. 20-017 entitled "A Resolution of the City Council of the City of Poway, California, establishing midblock crosswalks on Kirkham Way west of General Atomics Way and on Stowe Drive between Scripps Poway Parkway and Kirkham Way." Motion carried 4/0/1, with Deputy Mayor Frank absent. 9. Resolution Authorizing the Purchase of Real Property on Twin Peaks Mountain for Open Space (APN #s 314-031-02-00 and 314-032-03-00) Director of Development Services Bob Manis presented the report along with a slideshow presentation. Mr. Manis explained that the City was offered two undeveloped parcels located on the southwestern slope of Twin Peaks Mountain to preserve as open space. Mr. Manis further explained that the acquisition was discussed by the City Council in closed session on August 20, 2019 and direction was given to staff to negotiate the terms of the acquisition. He concluded that the purchase price is $460,560 for the 80 acres and that sufficient funds are available in the City's Habitat In -Lieu Fee Fund. No speakers. Council discussion ensued in support of acquiring additional open space and acknowledged City's recent open space preservation efforts. Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution No. 20-018 entitled "A Resolution of the City Council of the City of Poway, California, 0772 City of Poway — Minutes — April 7, 2020 authorizing the purchase of real property (APNs 314-031-02-00 and 314-032-03-00) in accordance with any applicable provisions of the Poway Municipal Code and State law", appropriate funds in the amount of $470,560 and authorize the City Manager to execute the documents necessary to complete the acquisition. Motion carried 4/0/1, with Deputy Mayor Frank absent. WORKSHOPS None. COUNCIL -INITIATED ITEMS 10. Moratorium on Commercial Evictions Mayor Vaus presented the item for Council consideration to suspend commercial evictions until May 31, 2020 to offer some protection and assistance to local businesses who suffer a loss of income or increase in expenses related to COVID-19. Mayor Vaus concluded that if Council is in concurrence, he recommends adopting an urgency ordinance that will go into effect immediately. No speakers. Council discussion ensued in support of protecting local businesses and adopting a moratorium on commercial evictions. Motioned by Mayor Vaus, seconded by Councilmember Grosch to adopt Ordinance No. 840 entitled "An Ordinance of the City Council of the City of Poway, California, enacted pursuant to California Government Code Sections 8634, 36934, and 36937, temporarily prohibiting the eviction of any commercial tenant who suffers a substantial loss of income or substantial increase in expense related to COVID-19." Motion carried 4/0/1, with Deputy Mayor Frank absent. 11. Small Business Bridge Loan Program Mayor Vaus presented the item for Council consideration. Mayor Vaus discussed creating a loan program titled Poway Emergency Assistance Recovery Loans (PEARL) to provide a financial bridge for small businesses to survive the current Coronavirus pandemic. Mayor Vaus requested Council's input to provide direction to staff regarding the program. Ed Franklin, representing the Poway Chamber of Commerce, via teleconference, expressed supporting small businesses affected by COVID-19. Council discussion ensued regarding program criteria and program considerations for small business loans that included business size, business history, repayment options, eligibility requirements, interest rate, maximum amount of funding for the program, and protection and guarantees for the City. Council directed staff to bring back to Council a proposed Poway Emergency Assistance Recovery Loan Program for small businesses that 1) are independently owned and have under 50 employees; 2) have a current business certificate with the City for at least one year; 3) are not behind on rent or mortgage payments as of March 0773 City of Poway — Minutes — April 7, 2020 1, 2020; and 4) have no outstanding code violations. Council directed staff to allow a maximum of $50,000 loan per business with a total funding cap of 2 million for the program available on a first come first serve basis. The program should include 1) no interest for the first 90 days; 2) a three percent interest rate; 3) three-year repayment plan options; and 4) a promissory note and personal guarantee. 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. CITY MANAGER ITEMS 12. Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic City Manager Chris Hazeltine introduced Fire Chief Jon Canavan to present the update. Fire Chief Jon Canavan explained that the existence of the Novel Coronavirus (COVID-19) continues to rapidly spread. Mr. Canavan reported that, to date, there were 1,454 positive cases and 31 deaths in San Diego County, and of those positive cases, 15 are residents of Poway. Mr. Canavan explained that to manage and control the spread of COVID-19, federal, state, and county directives include physical separation, home isolation, discontinuance of mass gatherings and meetings, reduced access to certain public facilities and recreational amenities, restricted restaurant operations and the discontinuance of non-essential business in the infrastructure functions. Mr. Canavan added that the most recent emergency order, requires that employees of certain business sectors wear facial coverings and strong encouragement for all persons to wear facial covers when outside of home. Mr. Canavan concluded that the EOC is activated at a Level 2 and the City has restricted public access to City hall and all City buildings, cancelled or postponed recreational classes and programs, reduced staff while maintaining delivery of essential services, limited the use of parks and playground equipment, parking lots at parks and trailheads have been closed. Additionally, he added that the Poway CERT Team was activated to support countywide needs including regional food distribution for the San Diego Foodbank. Mr. Canavan reported that the cost of unexpected expenditures for personal protective equipment, operating supplies, and increased facility cleaning is estimated at $23,000 and staff is documenting the expenses with the San Diego County Office of Emergency Services and FEMA in anticipation for reimbursement. On March 18, 2020 the City Council ratified a proclamation of local emergency which states that at each regular meeting of the City Council, the City Council must either continue the emergency action or declare the emergency ended and staff recommends that the Council continue the proclamation of local emergency authorizing the City Manager to take necessary actions to protect the public and welfare of the City from the serious and eminent threat of COVID-19. No speakers. In response to Council inquiry, Mr. Canavan reported that churches are included in the discontinuance of mass gathering guidelines issued by County. 0774 City of Poway - Minutes - April 7, 2020 Motioned by Mayor Vaus, seconded by Councilmember Grosch to adopt Resolution No. 20-019 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." Motion carried 4/0/1, with Deputy Mayor Frank absent. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION: 13. Conference with Labor Negotiators Government Code Section 54957.6 Designated City Representatives: Chris Hazeltine, Wendy Kaserman, Jodene Dunphy Employee Organizations: Poway Firefighters' Association 14. Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(d) Name of Case: Petition to State Regional Water Quality Control Board for Reconsideration City Attorney Alan Fenstermacher announced that a report out of any action taken during Closed Session would be done at the next Regular City Council meeting. At his request, Mayor Vaus adjourned the meeting into Closed Session at 8:39 p.m. City Council came out of Closed Session at 9:07 p.m. ADJOURNMENT The meeting adjourned at 9:07 p.m. Faviola-Medina, CMC City Clerk City of Poway, California 0775