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Item 1.3 - Approval of MinutesOXY OF POW'9y City of Poway COUNCIL AGENDA REPORT Com' IA' THE J DATE: April 16, 2019 TO: Honorable Mayor and Members of the City Council FROM: Faviola Medina, City Clerk K 858) 668.4535 or finedinaPpoway.org SUBJECT: Approval of Minutes Summary: The City Council Meeting Minutes submitted hereto for approval are: March 19, 2019 Regular City Council Meeting Minutes APPROVED APPROVED AS AMENDED SEE MINUTES) DENIED REMOVED CONTINUED RESOLUTION NO. 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. March 19, 2019 Regular City Council Meeting Minutes Reviewed/Approved By: Reviewed By: Approved By: Wendy Kaserman Alan Fenstermacher Tina M. White Assistant City Manager City Attorney City Manager 1 of 9 April 16, 2019, 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 March 19, 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, Leonard, Frank, Grosch, Vaus STAFF MEMBERS PRESENT City Manager Tina White; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Faviola Medina; Development Services Director Bob Manis; Finance Director Donna Goldsmith; Human Resources/Risk Management Director Jodene Dunphy; Director of Public Works Michael Obermiller; Fire Chief Mark Sanchez; Lieutenant Chris Collier, 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 Councilmember Grosch presented a proclamation to the American Legion in recognition of 2018- 2019 American Legion Centennial Day. PUBLIC ORAL COMMUNICATIONS Ann Tipps expressed concerns with car accidents occurring along Poway Road and Carriage Road. Chris Olps spoke regarding car accidents occurring along Poway Road. Lynette Perkes expressed concerns with City growth and developments 2 of 9 April 16, 2019, Item #1.3 1. CONSENT CALENDAR 2. City of Poway — Minutes — March 19, 2019 Motioned by Councilmember Mullin, seconded by Councilmember Leonard to approve Consent Calendar Items 1. 1 through 1.6. Motion carried by the following roll -call vote: Ayes: Mullin, Leonard, Frank, Grosch, 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 of Warrant Registers for the Periods of Feb r -""'11 through February 15, 2019, and February 18 through February 22, 2019 1.3 Approval of the February 19, 2019 Special and Iar Council Meeting Minutes; the March 1, 2019 Special City Council Meeting n es; anMarch 2, 2019 Special City Council Meeting Minutes 1.4 Annual Report — Implementation of the I Plan in 2018pP , Dee Fleischman submitted a speaker slip 1.5 Acceptance of the Swim Inc. Chris Olps spoke rpg gr the 1.6 Acceptance of ' cil Cha ' j rs AV 91 of San Diego, Ir%jk 2.1 o speak. d No. 18-008, Hamel Contracting, lba n el ovation project P id No. 18-003, Audio Associates with California Senate Bill 946 Citr rney Fenster" her nted the report along with a PowerPoint presentation. i Mr. F+rmacher sta hat th posed ordinance establishes rules and regulations consist th state la allow a City to regulate sidewalk vending. A resolution establishing for sidevj vendor permits and appeals will be brought back for CouncilconsiderationjeApril019regularCityCouncilmeeting. Chris Olps expressgq ms with the proposed limitations. Council discussion ensued regarding fees, enforcement and clarified that the City would not be enforcing this ordinance against children's lemonade stands. As requested by the Mayor, City Clerk Medina titled the Ordinance. Motioned by Councilmember Leonard, seconded by Councilmember Mullin to introduce Ordinance No. 826 entitled "An Ordinance of the City Council of the City of Poway, California, adding Chapter 5.22 to the Poway Municipal Code and amending section 9.48.240(A) of the Poway Municipal Code relating to regulation of sidewalk vendors." 3 of 9 April 16, 2019, Item #1.3 City of Poway — Minutes — March 19, 2019 Motion carried unanimously by the following roll -call vote: Ayes: Mullin, Leonard, Frank, Grosch, Vaus Noes: None Absent: None 3. PUBLIC HEARING 3.1 Poway Commons LLC Purchase, Sale and Development Agreement Councilmember Mullin announced that he would recuse himself from the vote on Item 3.1 due to a conflict of interest. His company completed wof' 'th Chelsea Investments withinME the last 12 months Ma 2018). Councilmember Mullin left the dais at 7: 51 p.m. I City Manager Tina White introduced ther followed b` ON i4' Administrator Craig Ruiz. Mr. Ruiz state a City entere Agreement with Meridian Developmen and Sudberry Purchase, Sale and Development Agree" t for a mi ed - and an Affordable Housing and Property Dii jitio r project. Neutral speakers: Chris Olps Guy Asaro, applicant, spoke in Motioned by D 1VV1 Groscl public hearin .„„ption ca d 4/0, Motioned by Cou Resolaffid'*Ajo,1 f of 31% 01-06, and (IW/ City ' the City i Council fatber Mullin resentation by Economic Jpn Exclusive Negotiation oi. esInc to negotiate a n4%; te development foprdable housing ifinember Frank to close the Mullin disqualified. onded by Deputy Mayor Grosch to adopt of the City Council of the City of Poway, O. nd Development Agreement with Poway bearing Assessor's Parcel Number 317 - and the northerly approximately .64 scres Implementation Agreement between the Authority.” Motion carried 4/0, with Acting as Hoi Au ity, motioned by Councilmember Leonard, seconded byi, i /, Deputy Mayor it dopt Resolution No. H-19-01 entitled "A Resolution of the City of Poway Ho ° a uthority (1) approving an Affordable Housing and Property Disposition Agreem with Poway Commons, LLC, for the southerly approximately nine tenths acres of Assessor's Parcel Number 317-101-06, and a Property Exchange Implementation Agreement between the Housing Authority and the City, and (11) declaring Assessor's Parcel Numbers 317-420-01 and 317-420-06, and the southerly approximately .9 acres of Assessor's Parcel Number 317-101-06 not needed for foreseeable needs." Motion carried 4/0, with Councilmember Mullin disqualified. Councilmember Mullin returned to the dais at 8:26 p.m. 3. 2 Ordinance Amending the Poway Municipal Code Regarding Nuisance Abatement and Code Enforcement 4 of 9 April 16, 2019, Item #1.3 City of Poway — Minutes — March 19, 2019 City Attorney Fenstermacher presented the report along with a PowerPoint presentation. Mr. Fenstermacher stated that the purpose of the Ordinance is to 1) provide Code Compliance staff with all available tools for obtaining compliance; 2) update the Poway Municipal Code (PMC) so that it complies with applicable state law; 3) set forth the procedure for issuing courtesy notices and notices of violation prior to other code compliance penalties being enacted; 4) eliminate redundancies and simplify the PMC; and 5) update and add various provisions related to defining PMC violations and detailing procedures for enforcement, abatement and cost recovery. Chris Olps spoke regarding creation of an Appeals Board. Motioned by Councilmember Leonard, seconded uncilmember Mullin to close the public hearing. Motion carried unanimous) Council discussion ensued in support of the prdii, ince. ` City Attorney confirmed that the Ordinance establishes the City Coun i%% the appeal°! ard, unless Council takes action to designate a separate board coee. d of at least thr" eople. As requested by the Mayor, City Clerk M titled the Ordinanc/O//%, Motioned by Councilmemb Mullin, se Councilme g Leonard to introduce Ordinance No. 82 Y d "An Orth„ a of the City Coun of the City ofiilii Poway, California, Amending"r. ie s 1.02, LO;/x.10, 2.20, 8.72, 8.76, 8.80, 13.09, 15.02, and 17.54 Adding Chapt 1' d 15.32, . quDeleting Chapters 16.56, 16.68 and 8.84 of the Poway Municipal de f2 jjg to Co,,ompliance. Motion carried "`"rlfi flff f by AyesW% Noes: ////% jjNoIIL MR 3.3Jedti1. o,Itha Cc V%hons of the PA' ay Dire?'d' Decision to e a N Mayor Va announced th", the p 2019 Reciuler itv Council ileetin Grosch, Vaus i/nthe Property at 12825 Claire Drive Constitute de, and Upholding the Development Services Order to Abate Nuisance (Case No. 18-0044) erty owner has requested a continuance to the May 7, No motion was made to grant the continuance. City Planner Da oeF—resented the report along with a PowerPoint presentation andstatedthatthe hea N Tieing held pursuant to Chapter 8.72 of the Poway Municipal Code for the purpose of determining whether the junk and green waste accumulation, unlawfully stored vehicles/vessels, unpermitted accessory buildings, unpermitted garage conversion, unpermitted breezeway conversion, lack of functional smoke detectors, and other fire hazards on the property at 12825 Claire Drive constitute a public nuisance. Michael Bias, tenant at 12825 Claire Drive, spoke to request more time to voluntarily bring the property into compliance with City code. Franco Simone, attorney for the property owner, spoke regarding the progress the tenant has made to remove the accumulated junk and discussed the options the property owner is taking to bring the property back into compliance. 5 of 9 April 16, 2019, Item #1.3 City of Poway — Minutes — March 19, 2019 Motioned by Deputy Mayor Grosch, seconded by Councilmember Frank to close the public hearing. Motion carried unanimously. Council discussion ensued. In response to Council inquiry, City Attorney Fenstermacher explained that if the property owner were to voluntarily comply to clear the violations within 30 days from the declaration of a public nuisance, the abatement would not be necessary. Motioned by Councilmember Mullin, seconded by Ma or Vaus to adopt Resolution No. P-19-05 entitled "A Resolution of the City Coun / he City of Poway, California, Finding and Declaring Conditions Present at 12 sire Drive (0 Shirra Avenue), lIll/ Poway, California Constitute Violations of the Municipal Code and Upholding oma Development Services Department Decisio s Notice and Order to Abate Nuisance." Motioned carried unanimousl 4. STAFF REPORT 4.1 Acceptance of a Reimbursement Aret for C rt Pub f -° r v n nP9i„ i iii p o eme is andAcceptanceofPublicImprovementsinConjo''don e Casti lionsidence, WI17- 003 g Senior Civil Engineer Tracy B%/& i, MR/10 resented f Y report along with a PowerPoint presentation and stated that the / icari{ require xtend a public water main and o/ i .. install a fire hydran . 9 serve theiio,I opos a e ons` Canyon Road and provide entsfire ade uate r °moo%o a im ro ''' "' tete d ready for acceptance andqpii000 i.,,; p the applicant is sti burse `t t ve , ion of the cost of construction of the public wat;,in extenfrom futelopme that connect to the water main. No M a"T"r,' o ,cilydi er Muff/ F/-'/cdMed by Councilmember Leonard, to 1) 4 Resolutlo ./ 19- ntitled bsolution of the City Council of the City of Po F California' rove °''a he Reimbursement Agreement for Certain Public Imp ents in co ction h the Water Improvement Project WI17-003'; 2) Authon he May t xecutee Reimbursement Agreement; (3) Direct the City Clerk to /Td the Agri ant in the office of the San Diego County Recorder; (4) Accept the! rovem;n hown on drawing WI17-003 as complete; (5) Release the Performance d in t ount of $25,762.00; ( 6) Release the Payment Bond in the amount of $12,SH /od (7) Retain the Warranty Bond in the amount of $2,576.20 for a period of on Motion Motion passed unanimously. 4.2 Midyear/Second Quarter Budget Update for FY 2018-19 and Amendment to the Management/Confidential Salary Schedule Assistant City Manager Wendy Kaserman provided an update on revenue and expenditure projections and identified key budget amendments resulting in recommended appropriations. No speakers. 6 of 9 April 16, 2019, Item #1.3 City of Poway — Minutes — March 19, 2019 Motioned by Mayor Vaus, seconded by Deputy Mayor Grosch to adopt Resolution No. 19-016 entitled, "A Resolution of the City Council, Housing Authority, and Successor Agency to the Poway Redevelopment Agency of the City of Poway, California, approving Amendments to the City's Financial Program for the Second Quarter Fiscal Year 2018-2019 and amending the Management/Confidential Salary Schedule." Motion passed unanimously. 4.3 Award of Contract to Raftelis Financial Consultants, Inc. to Conduct a Comprehensive Cost of Service and Water and Sewer Rate Study and Provide Ongoing Consultant Support for Annual Water and Sewer Rate Calculations 4. 4 Assistant City Manager Wendy Kaserman presented th direction provided by the City Council at the February the City issued a Request for Proposals (RFP) for Water and Sewer Rate Study and ongoing consratecalculations. Additionally, the City will hol tT j a (3) t the proposed rate information prior to the inif n of any No speakers. Council discussion ensued. Council emph and the development of public r pterials that Motioned by Mayor Vaus, se " Raftelis Financial Consultant Study and Water & Sewer Rate' Annual Water a/ er Rate o/ / Execute all Ne bcumer Drt and stated that based on regular City Council meeting, iensive Cost of Services and t for annual water and sewer ouncil Workshops to present asition 218 process. nce of"i , ublic workshops and sewetes are derived. Grosch to award a contract to mprehensive Cost of Service 1 ing Consultant Support for prize the City Manager to e hreement. Motion passed Consideration of /l/M///esolulrd'h" Approvin a Submittal of a Hazard Mitigation Grant Applica; nd Appr'/'x'00 000 i unds for Hazardous Tree Removal from the i , P / e oma , Ge .. n.eserve , eme Its/Pu CSafety Account D dWor of Public s Mi t1:aJ Obermill€presented the report and gave an overview of i,,. o i, aii the „eral Emerge ana ;gent Agency (FEMA) Hazard Mitigation Grant Program HMG r. Obermdl ated t %e City filed a Notice of Interest, seeking a maximum of $2, 0 0 for the ha / ous trek removal mitigation project. If awarded, the City is require o jj 25 perce f the cost of the project. Dee Fleischma opreq,,€#1boncern with removal of hazardous and heritage trees. Council discussion eKO"ed. Director Obermiller clarified that heritage trees would not be affected and that the City's Fire Marshal and certified arborist will be involved in the process. Staff further clarified that the requested funds will be coming from the City's 45% Reserves and will not be spent unless we receive the grant. Staff estimates that we will have an indication on the grant award by December 2019. Motioned by Mayor Vaus, seconded by Deputy Mayor Grosch to adopt Resolution No. 19-017 entitled "A Resolution of the City Council of the City of Poway, California, approving a Hazard Mitigation Grant Application and Commitment Letter in the Amount of $500,000 for Hazardous Tree Removal and Appropriating $500,000 from the General Fund Reserve — Extreme Events/Public Safety Account as the City's Match to the Grant." Motion passed unanimously. 7 of 9 April 16, 2019, Item #1.3 5. WORKSHOP 6. City of Poway — Minutes — March 19, 2019 5.1 Workshop to Discuss Landscape Maintenance District Advisory Group Recommendations Assistant Director of Public Works Eric Heidemann presented the report and gave an overview of the background and history of the Landscape Maintenance Districts (LMD) 83- 1 and 86-1. Mr. Heidemann stated that the purpose of the workshop is to discuss the volunteer advisory group's recommendations for improving and maintaining the landscaping in LMD 83-1 and LMD 86-1. Ms. Toni Bates, Chair for the Advisory Group, presentede/Group's findings and proposal to the City Council with a PowerPoint presentation. //// Neutral speakers: Robert Hinzman, Dee Fleischm Cormick, Chris Olps and Dan Mathson. Council discussion ensued. Discussion Council appropriated last year have be be carried over to next fiscal year. Council recognized the hard w rkof staff ari" they felt they needed additio rmation a expressed that additional pub ;' ch, ed would be beneficial. It is clear to ballot last year but we don't know%Y. Council asked proposal. Coy 2019 Council r City Co r 1 also confirrr and raaed the Council and Le ings Died that only""Ism ion of the one-time funds d; approximately j 000 remains and can AY Group an indicated that n '" input from the G W, It was also ucaiand polling by the Advisory Group that a %roproperty owners didn't return aPPY ly so they can study their rational item at the May 7, we as they have been with respect to al assessment reports will be brought sf""es not have a continuing role with the Advisory Group to co p meeting independent of staff. continue the item to allow Council more time to consider ide staff direction at a future Council meeting. 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 Leonard gave an update on the recent meeting of the San Diego County Water Authority and gave a brief update on the lawsuit against Metropolitan Water District. 8 of 9 April 16, 2019, Item #1.3 City of Poway — Minutes — March 19, 2019 Councilmember Frank gave an update on the recent San Diego Association of Governments SANDAG) Public Safety meeting and reported on the Automated Regional Justice Information System (ARJIS). 7. CITY MANAGER ITEMS None. 8. CITY ATTORNEY ITEMS None. ADJOURNMENT The meeting adjourned at 10:37 p.m. alifornia 9 of 9 April 16, 2019, Item #1.3