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2020 08-04CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES August 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, Dave Grosch, Caylin Frank, Steve Vaus ABSENT Barry Leonard (Councilmember Leonard arrived at 7:01 p.m.) STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; Interim 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; Fire Chief Jon Canavan (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, Interim 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. PUBLIC COMMENT Kathleen Lippitt, via email and via teleconference, expressed concerns regarding the marijuana industry, on file in the Office of the City Clerk. 0824 City of Poway — Minutes — August 4, 2020 Chris Olps, via email, submitted correspondence thanking Council for creating a subcommittee for the Poway Center for the Performing Arts (PCPA), on file in the Office of the City Clerk. Phil Factor, via teleconference, expressed fire safety concerns regarding the StoneRidge Country Club property. Janet Lettang, via teleconference, spoke regarding the formation of the Poway Center for the Performing Arts (PCPA) subcommittee created with the intent to meet with community members and hear their ideas for how the City could continue to own and operate the PCPA. Yuri Bohlen, via teleconference, inquired about an environmental review for The Outpost project and about the Mayor's seat should it become vacant as a result of the November 2020 election. CONSENT CALENDAR Motioned by Councilmember Grosch, seconded by Deputy Mayor Frank to approve Consent Calendar Items 1 through 5. Motion carried by the following roll -call vote: Ayes: Mullin, Leonard, Grosch, Frank, Vaus Noes: None Abstained: None Absent: None Disqualified: None 1. Approval of the July 7, 2020 Regular City Council Meeting Minutes 2. Approval of the July 15, 2020 Special City Council Meeting Minutes 3. Adoption of Resolution No. 20-062 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. 20-063 entitled "A Resolution of the City Council of the City of Poway, California, Amending the Investment Policy for Public Funds" Yuri Bohlen, via teleconference, spoke in favor of a conservative approach to investments. 5. Authorization to Purchase Four (4) Mid -Size Pick-ups and Three (3) Full -Size Pickups by Informal Bid Phil Factor, via teleconference, inquired about purchasing trucks through local dealers. In response to Council inquiry, Director of Public Works Eric Heidemann confirmed that staff had made documented efforts to obtain quotes from local dealers, and were unsuccessful. Mr. Heidemann added that staff will continue to reach out to local dealers for future purchases. ORDINANCES FOR INTRODUCTION None. ORDINANCES FOR ADOPTION 0825 City of Poway — Minutes — August 4, 2020 None. PUBLIC HEARINGS 6. Conditional Use Permit 20-002 and Development Review 20-004: A Request to Extend the Expiration Date of the Previously Approved Conditional Use Permit and Development Review to Redevelop and Expand the Existing United Oil Gas Station and Add a Carwash and Mini Mart Located at 12462 Poway Road Mayor opened the public hearing at 7:21 p.m. Associate Planner Oda Audish presented the report along with a PowerPoint presentation outlining the project site and proposed redevelopment to the previously approved project. Ms. Audish explained that the applicant submitted a request for modification that would extend the expiration date for two additional years. Al Beaudette, applicant representing United Pacific, via teleconference, spoke in support of the project and was available to answer questions. Mostafa Panah, via teleconference, expressed concerns with noise and water runoff onto his property from the proposed car wash. Mayor closed the public hearing at 7:28 p.m. Council discussion ensued with Council voicing support of the extension. In response to public comment, Ms. Audish explained that water runoff is designed to flow south and be treated onsite before slowly being released into the City's storm drain system. Additionally, she confirmed that the car wash will have doors that will close when the car wash is in use and an 8 -foot high wall installed behind the car wash that will provide further noise reductions. Motioned by Councilmember Leonard, seconded by Councilmember Mullin to adopt Resolution No. 20-064 entitled "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit (CUP) 20-002 and Development Review (DR) 20-004; A Modification of CUP 18-004 and DR 16-014 to Extend the Expiration Date for the United Oil Gas Station Expansion and Redevelopment Project at 12462 Poway Road; Assessor's Parcel Number 317-540-75-00." Motion passed unanimously. 7. Resolution Renewing the Fire Protection Special Tax to be Collected on the Property Tax Roll for Fiscal Year 2020-21 Mayor opened the public hearing at 7:31 p.m. Director of Finance Aaron Beanan presented the report and explained that the voter approved fire protection special tax can only be used to support fire protection services. No speakers. Mayor closed the public hearing at 7:33 p.m. 0826 City of Poway — Minutes — August 4, 2020 Motioned by Councilmember Mullin, seconded by Councilmember Leonard to adopt Resolution No. 20-065 entitled "A Resolution of the City Council of the City of Poway, California, Renewing the Fire Protection Special Tax to be collected on the Property Tax Roll for Fiscal Year 2020-21." ITEMS 8 — 14 Mayor opened the public hearings for Items 5 through 11 at 7:35 p.m. Councilmember Grosch announced that he would recuse himself from the vote on Item No. 8 due to a conflict of interest, residing in Landscape Maintenance District 83-1. Councilmember Leonard announced that he would recuse himself from the vote on Item No. 9 due to a conflict of interest, residing in Landscape Maintenance District 86-1. Deputy Mayor Frank announced that she would recuse herself from the vote on Item No. 12 due to a conflict of interest, residing in Landscape Maintenance District 87-1. Senior Management Analyst Izzy Murguia presented the report along with a PowerPoint presentation for Items 8 through 14. Mr. Murguia explained that the services within Landscape Maintenance Districts and the Poway Lighting District will remain the same with the exception of LMD 87-1 which is being reduced from service level A to service level B. Public comment was received for Items 8 and 10 (see individual items below for comments.) Mayor closed the public hearings for Item 5 through 11 at 7:46 p.m. Council discussion ensued regarding both the landscape contractor and revenues to maintain the districts. In response to Council inquiry, Mr. Murguia confirmed that the level of service provided by the contractor is the same for all districts, however, the frequency of those services differs by service level which is assigned based on available revenue for each LMD. In response to Council inquiry, Director of Public Works Eric Heidemann, explained that staff will proceed with a formal bidding procedure following the expiration of the current landscape contract. Additionally, staff added that questions or issues concerning LMD's can be submitted via the City's mobile app or by calling (858) 668-4700. 8. Resolution Establishing Assessments for Poway Landscape Maintenance District 83-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 Phil Factor, via teleconference, spoke in opposition to any rate increases. In response to public comment, Mr. Murguia confirmed that assessment rates for LMD 83-1 will remain unchanged from Fiscal Year 2019-20 rates. Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 20-066 entitled "A Resolution of the City Council of the City of Poway, California, 0827 City of Poway — Minutes — August 4, 2020 Establishing Assessments for Poway Landscape Maintenance District 83-1 to be collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21." Motion carried 4/0 with Councilmember Grosch disqualified. 9. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 No speakers. Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 20-067 entitled "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District 86-1 to be collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21." Motion carried 4/0 with Councilmember Leonard disqualified. 10. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-2 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 Don Martin, via email correspondence, inquired about the proposed increase and budget for LMD 86-28. Dave Anastasia, via email correspondence, expressed opposition to the proposed rate increase to LMD 86-2B. Don Martin, via teleconference, expressed concerns with the quality of service received from the landscape contractor, and in addition, inquired about the justification for the proposed rate increase. In response to Council inquiry, Mr. Heidemann explained that the proposed Consumer Price Index (CPI) rate increase would generate approximately $1,220 in revenue for LMD 86-2B. Mayor Vaus proposed foregoing the proposed CPI increase for LMD 86-2B and using the City's General Fund, on a one-time basis, to cover the assessment increase. Council expressed support for the proposed change. Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 20-068 entitled "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District 86-2 to be collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21"; amended with the assessments for Zone B remaining at the Fiscal Year 2019-20 rate. Motion carried unanimously. 11. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-3 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 No speakers. Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 20-069 entitled "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District 86-3 to be collected on the San Diego Property Tax Roll for Fiscal Year 2020-21." Motion carried unanimously. 0828 City of Poway — Minutes — August 4, 2020 12. Resolution Establishing Assessments for Poway Landscape Maintenance District 87-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 No speakers. Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution No. 20-070 entitled "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District 87-1 to be collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21." Motion carried 4/0 with Deputy Mayor Frank disqualified. 13. Resolution Establishing Assessments for Poway Landscape Maintenance District 19-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 No speakers. Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 20-071 entitled "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District 19-1 to be collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21." Motion carried unanimously. 14. Resolution Establishing Assessments for Poway Lighting District to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 No speakers. Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 20-072 entitled "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Lighting District to be collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21." Motion carried unanimously. STAFF REPORTS None. 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. 0829 City of Poway — Minutes — August 4, 2020 Councilmember Mullin gave a brief update on the recent meeting of the Metro Wastewater JPA. Mayor Vaus gave a brief overview of an upcoming SANDAG meeting scheduled for 9:00 a.m. August 14, 2020. CITY MANAGER ITEMS: City Manager Chris Hazeltine gave a brief update on recent Council -initiated programs. Mr. Hazeltine reported that 35 applications totaling approximately 1.4 million has been approved for the PEARL Program. He confirmed that there are still funds available for businesses wishing to participate in the program and encouraged others to apply. In regard to assisting Poway restaurants with outdoor seating, Mr. Hazeltine explained that the City has loaned 57 picnic tables to 12 restaurants to help expand their outdoor operations. He added that the City still has picnic tables available to accommodate additional restaurants. He concluded that the SOS Initiative (Sharing Outdoor Space) currently has two businesses permitted to operate in City parks, Mello Yoga operating at Aubrey Park and Gymboree operating at Silverset Park. There are two additional businesses going through the process to participate in the SOS Initiative. Mayor Vaus added that Uri Feldman, representing Sunroad/Maderas, informed the Mayor of a vacant parcel located near the intersection of Old Coach and Espola Road that he would make available for use by the City if needed for the Sharing Outdoor Space program. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION 15. Conference with Legal Counsel Existing Litigation (Gov. Code § 54956.9(a)) Name of Case: City of Poway v. Rothbart, San Diego Superior Court Case No. 37 -2016- 00033532 -CU -OR -CTL 16. Conference with Legal Counsel Existing Litigation (Gov. Code § 54956.9(a)) Name of Case: Hayes v. City of Poway (United States District Court, Southern District of California) Case No. 20-cv-0799 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 9:19 p.m. ADJOURNMENT The meeting adjourned at 9:19 p.m. c/' /2414/ Carrie Gallagher, CMC Interim City Clerk City of Poway, California 0830