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Item 1.3 - Approval of MinutesG`,�q OF POWgY �yF „ nw ,�E{ C� Ips THE ��J DATE: TO: FROM: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT September 19, 2017 APPROVED 0 APPROVED AS AMENDED ❑ (SEE MINUTES) DENIED ❑ REMOVED ❑ CONTINUED Resolution No. Honorable Mayor and Members of the City Council Nancy Neufeld, City Clerk,/}{ / (858) 668-4535 or nneufeld(a)poway.org Approval of Minutes The City Council Meeting Minutes submitted hereto for approval are: • August 15, 2017 Regular City Council Meeting Minutes • August 18, 2017 Special City Council Meeting Minutes • August 31, 2017 Special City Council Meeting Minutes The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency. Recommended Action: It is recommended that the City Council approve the Minutes as submitted. Public Notification: None. Attachments: A. August 15, 2017 Regular City Council Meeting Minutes B. August 18, 2017 Special City Council Meeting Minutes C. August 31, 2017 Special City Council Meeting Minutes Reviewed/Approved By: Reviewed By: Approved By: 6t'tP:1x Wendy Kaserman Morgan Foley Tina M. White Assistant City Manager City Attorney City Manager 1 of 13 September 19, 2017 Item # 1.3 NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES August 15, 2017 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 Cunningham, Grosch, Mullin, Leonard, Vaus STAFF MEMBERS PRESENT City Manager Tina White; Assistant City Manager Wendy Kaserman; City Attorney Morgan L. Foley; City Clerk Nancy Neufeld; Community Services Manager Belinda Romero; Development Services Director Bob Manis; Acting Director of Finance Peter Moote; Human Resources/Risk Management Director Jodene Dunphy; Public Works Director Michael Obermiller; Fire Chief Mark Sanchez. (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Administrative Services 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 Leonard led the pledge of allegiance. PRESENTATION Mayor Vaus presented Deputy Derrick Jones with a plaque in recognition of being selected as the Poway Sheriff's Station Deputy of the Month for July. PUBLIC ORAL COMMUNICATIONS Brian Edmonston spoke regarding future planning for StoneRidge Country Club. Joe St. Lucas spoke regarding the upcoming "Clear the Shelters" day, Saturday, August 19, 2017. 1. CONSENT CALENDAR (Approved By Roll Call Vote) Councilmember Mullin requested to speak on Consent Calendar item 1.4. 2 of 13 ATTACHMENT A September 19, 2017 Item # 1.3 City of Poway — Minutes — August 15, 2017 Motioned by Councilmember Cunningham, seconded by Councilmember Mullin to approve Consent Calendar Items 1.1 through 1.7. Motion carried by the following roll -call vote: Ayes: Cunningham, Grosch, Mullin, Leonard, 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/Approval of Warrant Registers for the periods of July 10 through July 14, 2017 and July 17 through July 21, 2017 1.3 Approval of the July 18, 2017 Regular City Council Meeting 61linutes 1.4 Approval of Implementation of Track 1 for San Diego Regional Water Quality Control Board Trash Amendment Order No. Rg-217-0077 In response to inquiry from Councilmember Mullin, Development Services Director Manis explained that the full capture device instaJIats/n required for this implementation would be phased over 10 years as budgeted CIP startirig in FY 18[1: The cost wou(Htie about $2.1 million over those 10 years. 1.5 City's Investment Report as of Juue30, 2017 1.6 Adoption of Resolution No. 1 Poway, California, Terminati Project and Directing Readve 1.7 Report of Under Au 2. ORDINANCE None. 3. PUB,LICiEARING i�gtitied "A Resolution of the City Council of the City of id Process for the Council Chambers AV Renovation neat=for Competitive. Bids" iditures Pertaining to the 2017 Winter Storm Event Made 17-004 Adopted on January 24, 2017 3.1 Minor Conditional Uselermit 17005; a proposal to establish vehicle service and repair at 1414owav Road Senior Planner Jasoo/Wartin presented the report along with a PowerPoint presentation. Mr. Martin outlhag ' uses and exterior modifications for Poway Powersports, a proposed Honda motorcycl"6alership, providing sales, service and repair. No Speakers. Motioned by Councilmember Cunningham, seconded by Councilmember Grosch to close the public hearing and adopt Resolution No. P-17-17 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Minor Conditional Use Permit 17-005, Assessor's Parcel Number 323-190-65." Motion carried unanimously. 3 of 13 September 19, 2017 Item # 1.3 4. STAFF REPORT 4.1 4.2 City of Poway - Minutes - August 15, 2017 Status Update for the Espola Road Safety Improvement Project Senior Civil Engineer Taryn Kjolsing presented the report along with a PowerPoint presentation. Ms. Kjolsing stated that in order to move forward with the original design plans and to maximize pedestrian safety pathway improvements, staff requests that Council direct the City Attorney to initiate legal proceedings to acquire the remaining property easements by eminent domain. City Attorney Foley gave a brief overview of the eminent domaiRprocess and stated the first step would be to bring back a resolution of necessity at a potriearing to be scheduled for the September 5, 2017 City Council meeting. In response to Council questions, City Attorney Foley said the cost,of legal services depends on whether experts are needed. Council pointed ",t that the City) spending more than $5 million on the project, that the City has been fe than fair in its offers to purchase right- of-way, and that the construction schedule is rtant. No Speakers. Council discussion ensued. In response to Council inquiry, Mf='otrid the resident must be served in order to get the 90 -day time frame on the motiorf�tarte 0,the comp nt would be served at the same fr time. Regarding the absentee ownern ad mu�eblish&1n the local newspaper or the property owner may betooated and serried out,de of ,.State of California. Motioned by M� Vaus, s6onded bpi juncilmember Cunningham to direct the City Attorney to 7 iste the ei nt dome}h,process to acquire the three remaining easements neuuv5 ary to cfi struct ct as currently designed. Motion carried unanimously. Ma0eff /l5puteResojan Pertaining to Water development Serif i DireL4r.Bob Manis presented the report along with a PowerPoint pi1j entation. Mr. M is stated'A,j1at Sunroad Enterprises, owners of the Maderas Country Club and Mr. and Mrs'/arkin, owners of residential property in the Lower Sycamore Creek areafequesting tCity Council resolve a dispute pertaining to groundwater. The existingo�ditional Us�ermit (CUP) for the Maderas Golf Course includes a provision that Mader�arov� sfifticient water for the Lower Sycamore Creek (LSC) area residents and provides' ', ,,,tefilispute resolution by the City Council. In addition, Mr. Manis stated o that any modific to the existing conditions would require an amendment to the CUP. The following speakers addressed the Council: Speakers in Support: David Barkin, Kristi Grayson, Skye Grayson, and Joseph Tamayo Mr. Barkin requested reimbursement from Maderas for outstanding water truck delivery invoices in the amount of $8,470 and $16,573, the amount he has paid for the cost of deepening the well on his property. 4 of 13 September 19, 2017 Item # 1.3 City of Poway — Minutes — August 15, 2017 Speakers in Opposition: Andrea Rosati and Uri Feldman Mr. Feldman stated that Maderas has shut down wells 4 and 5, which were the only wells identified in hydrology studies as having an effect on the groundwater in the Lower Sycamore Creek area. He suggested that Maderas should only be required to reimburse the Barkin for reasonable water use if Maderas were to use wells impacting the LSC area. Neutral Speaker: Steven Debolt Submitted a Speaker Slip in Support but did not speak: Tom Story, Edie Barkin and Maria Mogavero Following discussion, Council concurred that the re Use Permit for the Maderas Golf Course are still in delivery and guarantee for the Lower Sycamore Cre could only be modified with an amendment to the CI to meet and discuss ways to work out their disagret Motioned by Mayor Vaus, seconded byy/��nii Country Club LP to reimburse Mr. and ,� ark any outstanding water delivery amounts, d to to the Lower Maderas. Motion carre Creek are Iden ed unan mously, 5. WORKSHOP 5.1 Mickey Cafagna Community Center iiremeS,©fitained in the Conditional T a the choice of water service ii, k,11 nts and the requirements unci encouraged all parties lents !// Imember Mullin f�irect Maderas i for t e cost of detgd water and oe to guarantee dater service method to be determined by Development SeryDirdffEi�r,Bob Masts(immunity Services Manager Belinda Romero g and Special Pro kts EnginekJeff Beers resented the report along with a PowerPoint presentation T ether staff clf ssed thre��� ew floorplan options which were option #1 at 16,598 square f' option Lwth1,8r,450 sere feet, and option #3 with 22,220 square i ii, feet. Cost esUmat��i aT$111 r(i[f�oras X11 million and $13 million respectively. These pro �gc©sts, reflect �lounciI's directio/",/to more closely align the project to meet the budg'ef goals ; The following spealCersaddre'§secl the Council: Speakers in Support Jgi�:Lyon, Susan Mallet and Barbara Lerma Neutral Speaker. Lestje Hoffman, representing Poway Valley Senior Center, spoke regarding asci,§(�ei�uring the construction displacement of the Senior Center. Ms. Hoffman askecf� the Senior Center endowment interest not be used, that the seniors relied on the interest to submit a grant for anew van. The Senior Center supports the largest floor plan option. Councilmember Mullin spoke regarding the ad hoc committee's intent to focus on maximizing the money spent on the project rather than focus on the building size. He also stated that the building exteriors as shown would improve during the architectural design phase of the project. 5 of 13 September 19, 2017 Item # 1.3 City of Poway — Minutes — August 15, 2017 In response to Council inquiry, Mr. Beers explained that he arrived at the estimates for each building by averaging the estimates provided by architecture firms and included inflation factors with the totals. Council discussion ensued regarding temporary relocation of the senior center and costs associated with the transition. City Manager Tina White explained that the interest from the existing endowment fund for the center could be used to assist in the transition. The Council asked that the senior center bring a proposal for continuing the activities of the center during construction. Following discussion, Council concurred the smallest floor the community; and preferred floor plan option #3 with 22,'. was the option to reduce the size to the #2 plan with18,/4t construction cost estimate came in at a higher price ori a, Mr. Manis stated that a request for proposals could be ready within a few weeks after meeti Motioned by Councilmember Cunningh to 1) obtain a professional construction consultant to prepare construction docui the ad hoc ildn't meet the needs of re feet. Also discussed feet if the professional not available. cost estimate econdg�#,,by Councilme'Ef}ber Grosch estimaf64or option #3;'"d 2) hire a / ; Mo„n carried unanimously. 6. MAYOR AND CITY COUNCIL-INITIAL/ITEMS The Mayor and Council made announcements and reported on various events taking place in the City. No action was taken. 7. CITY MANAGER ITEMS None. 8. CITY ATTO.RKEX.ITEM: a l s i, i, iii i As re ries d by City to The Crty.Gouncil entered 8.1 Conference with La City DO _gnated the City Council recessed to a closed session at 9:50 p.m. at 9:51 p.m. - Government Code Section §54957.6 Ti"hit jty Manager Weric�yman, Assistant City Manager Joden Gnphy, Human Resources/Risk Management Director Employee Organizations: Poway Firefighters Association City Council returned from closed session at10:07 p.m. with all Councilmembers present. City Attorney Foley announced that direction was given to the City's negotiators. 6 of 13 September 19, 2017 Item # 1.3 City of Poway — Minutes — August 15, 2017 ADJOURNMENT The meeting was adjourned at 10:08 p.m. Nancy Neufeld, CMC City Clerk City of Poway, California 7 of 13 September 19, 2017 Item # 1.3 NOTE. These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL SPECIAL MEETING MINUTES August 18, 2017 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City Council/Poway Housing Authority/Planning Commission/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER Mayor Vaus called the Special Meeting to order at 6:00 p.m. ROLL CALL Grosch, Mullin, Leonard, Vaus ABSENT Cunningham STAFF MEMBERS PRESENT City Manager Tina White; Assistant City Manager Wendy Kaserman; City Attorney Morgan Foley and City Clerk Nancy Neufeld. PLEDGE OF ALLEGIANCE Deputy Mayor Leonard led the Pledge of Allegiance. CONSENT CALENDAR (Approved By Roll Call Vote) Motioned by Deputy Mayor Leonard, seconded by Councilmember Grosch to approve Consent Calendar item 1.1. Motion carried by the following roll -call vote: Ayes: Grosch, Mullin, Leonard, Vaus Noes: None Absent: Cunningham 1.1 Adoption of Resolution No. H-17-01 entitled "A Resolution of the Poway Housing Authority, acting as Housing Successor to the Poway Redevelopment Agency extending the time period in which certain property must be developed for Affordable Housing in accordance with Health and Safety Code Section 33334.16." PUBLIC HEARING 2.1 Public Hearing to Take Input Regarding Draft Voting District Maps and Potential Sequence of District Elections as Part of Transition to By -District Elections for City Council Members City Attorney Morgan Foley introduced the report and said that the purpose of this hearing was to receive public comment and consideration of draft maps prepared by National Demographics Corporation (NDC) and eligible maps submitted by the public regarding proposed voting districts for Council members. 8 of 13 ATTACHMENT B September 19, 2017 Item # 1.3 City of Poway — Special Meeting Minutes — August 18, 2017 City Attorney Morgan Foley then introduced Alan Fenstermacher, Special Counsel and Associate with Rutan & Tucker, and Dr. Justin Levitt, Vice President of National Demographics Corporation. Dr. Justin Levitt, NDC, gave a report along with a PowerPoint presentation and discussed the eligible draft district maps. Mr. Levitt stated that the maps have been combined geographically based upon shared Communities of Interest and the recommendation is for the Council to consider eliminating any draft maps it no longer wishes to consider in order to reduce the number of maps submitted to a more manageable number for consideration. In response to Council inquiry, Mr. Fenstermacher in the staff report have met the criteria contained California Voting Rights Act for establishing th / districts, prohibiting districts that dilute minorit MIT predominant factor in drawing a district.; The following speakers addressed Peter Dehoff spoke regarding the compo3� 118 as it demonstrated diver, and unity ac H Mike Whitehead requested on , proposed that six districts be cor�ide Joe St. Lucas st/ice the prefe ' Map b /%/io ///�/ii /i Chris Olps sp/� regardi%he map , included in Rc� Rtion 17-055 consideration of irfd[imbeasa.criteria 6 in of that the draft maps included al Voting Rights Act and the i as equal population across and that race cannot be the preferred Map election requirements and !ed Md stated his opposition to Item 6 August 1, 2017, which would allow drawing. in Resolution No. 17-055. ment��pd que4ions ensued. Council expressed desire for maps a nortf}%fid so way and having at least three districts intersect the corridor. Council corid;fid to proms ed with Maps 101, 114, 123 and 127 for further consideration at the next sAo led OA cial Meeting on Thursday, August 31, 2017. Dr. Levitt stated moi/ //� that maps must'#�� s i dted by August 22 in order to be published by August 24 and considered at the AugGst 31 meeting. Motioned by Councilmember Mullin, seconded by Deputy Mayor Leonard, to close the public hearing. Motion carried 410, with Councilmember Cunningham absent. 9 of 13 September 19, 2017 Item # 1.3 City of Poway — Special Meeting Minutes — August 18, 2017 ADJOURNMENT The meeting was adjourned at 6:51 p.m. Nancy Neufeld, CMC City Clerk City of Poway, California 10 of 13 September 19, 2017 Item # 1.3 NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL SPECIAL MEETING MINUTES August 31, 2017 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City Council/Poway Housing Authority/Planning Commission/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER Mayor Vaus called the Special Meeting to order at 7:00 p.m. ROLL CALL Cunningham, Grosch, Mullin, Leonard, Vaus STAFF MEMBERS PRESENT City Manager Tina White; Assistant City Manager Wendy Kaserman; City Attorney Morgan Foley and City Clerk Nancy Neufeld. PLEDGE OF ALLEGIANCE Deputy Mayor Leonard led the Pledge of Allegiance. CONSENT CALENDAR (Approved By Roll Call Vote) Councilmember Cunningham requested to speak on Consent Calendar item 1.1. Motioned by Councilmember Cunningham, seconded by Councilmember Mullin to approve Consent Calendar item 1.1. Motion carried by the following roll -call vote: Ayes: Cunningham, Grosch, Mullin, Leonard, Vaus Noes: None Absent: None 1.1 Adoption of Resolution No. 17-057 entitled "A Resolution of the City Council of the City of Poway, California, Opposing Sections of Assembly Bill (AB) 805 Changing the Voting Structure of the San Diego Association of Governments (SANDAG) and Denying San Diego County Voters the Right to Vote on Changes to the SANDAG Governance Structure' Councilmember Cunningham spoke in support of increased transparency and oversight for SANDAG and in opposition to portions of Assembly Bill 805 which would reduce local representation on the board. 11 of 13 ATTACHMENT C September 19, 2017 Item # 1.3 City of Poway — Special Meeting Minutes — August 31, 2017 PUBLIC HEARING 2.1 Public Hearing to Take Input Regarding Draft Voting District Maps and Potential Sequence of District Elections as Part of Transition to By -District Elections for City Council Members Mr. John Ramirez, Attorney, Rutan and Tucker. LLP stated that the purpose of this public hearing was to receive public comment and Council's decision on selecting the preferred district map and the election sequence for upcoming 2018 and 2020 elections. Mr. Ramirez then introduced Dr. Doug Johnson, President, National Demographics (NDC). Dr. Doug Johnson, NDC, gave a brief overview PowerPoint presentation. Dr. Johnson stated that I (101, 114, 123, and 127) at the August 18, 2017 stated that, following the August 18 hearing, fog for consideration at tonight's meeting Dr/ son of proposed maps along with a Council chose four focus maps /& ral City Council meeting. He also al maps (131, 133, 135 and 136) ng��ugust 22 and are also eligible toted 11110he maps being considered are population balanced and meet maps;, btion criteria. The following speakers addressed the Pete Babich spoke regarding likes and diskesfarious maps. Nancy Delaty spoke in support x,127 as it nt'ei led all four districts crossing Poway Road. Peter Dehoff spoke mysupport of Ms1�23 and,�af r11seem6dlo be the most geographically diverse across'11 d�str%tt Maria Hernand6i�-equested�Council to'Veak directly to a Spanish-speaking community to inform them of%are ty districfctions and encourage future participation. De ""Fleischarrit3 tated'//" she doe / p, favor any particular map and discussed the d„ iculty she hac ing th"Tractive map tool. Bemla,,Guzman spoke,.r suppoYtf Map 127 but requested Council to include his cul-de- sac as', of the Garde" Road C 'rnmunity. r= Ted Matthias spoke in st"bort for Map 114. Fred Zuill spoken,"", t for Map 123 and stated that it best represents the Garden Road and Old Poway coirr t unity as a whole. In response to Council questions, Mr. Ramirez, confirmed that best practice is to move forward with the existing maps and not look back to maps previously eliminated. Mr. Ramirez stated that following the timeline set forth in the Elections Code to provide a "safe harbor" during the process of converting to by -district elections would avoid potential litigation and loss of control of the districting process. Council discussed the four focus maps (101, 114, 123 and 127) from the public hearing on August 18, 2017, along with the four additional eligible maps, (131, 133, 135 and 136) submitted prior to the public review period closing on August 22, 2017. 12 of 13 September 19, 2017 Item # 1.3 City of Poway — Special Meeting Minutes — August 31, 2017 Mayor Vaus stated that Map 133 was substantially focus Map 127 with a minor change along Poway Road near Carriage Heights and an alignment to the La Manda Drive area. Council discussion ensued in support of having two districts representing north and south Poway, the importance of three districts representing the Poway Road corridor, and considering the proposed SDG&E pipeline along Pomerado Road in forming multiple districts which would have an impact on representation. Council then concurred Map 133 was the preferred map. Following Council concurrence, Dr. Johnson, NDC, presented a PowerPoint and gave a brief overview of the recommended election sequence -as it pertains to Map 133. Dr. Johnson stated that there must be two Council seats.tobo voted on in 2018 and two seats for 2020. Council consensus was to select Map 133 as the preferred map, with Districts 1 and 3 voted on in 2018 and Districts 2 and 4 voted on in 2020. - Motioned by Mayor Vaus, seconded)) Councilmember Mullin, to close the public hearing and direct staff to return on�ptember 19, 2017 with a draft ordinance adopting district elections and sequencing based;on Map 133, for introduction and first reading. Motion carried,unanimously. ADJOURNMENT The meeting was adjourned at 7:54 p.m. Nancy Neufeld, CMC City Clerk City of Poway, California 13 of 13 September 19, 2017 Item # 1.3