2021 04-20CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
April 20, 2021
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, Caylin Frank, Dave Grosch, Barry Leonard, Steve Vaus
STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan
Fenstermacher; City Clerk Vaida Pavolas; 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; Captain Dave Schaller, 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 Leonard led the Pledge of Allegiance.
MOMENT OF SILENCE
Mayor Vaus led a moment of silence.
PRESENTATIONS
None.
PUBLIC COMMENT
Amit Asaravala, via teleconference, spoke regarding Community Choice Energy.
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CONSENT CALENDAR
Motioned by Deputy Mayor Leonard, seconded by Councilmember Grosch to approve
Consent Calendar Items 1 through 11. Motion carried by the following roll -call vote:
Ayes: Mullin, Frank, Grosch, Leonard, Vaus
Noes: None
Abstained: None
Absent: None
Disqualified: None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the March 16, 2021 Regular City Council Meeting and the March 18, 2021 Special
City Council Meeting Minutes
3. Adoption of Resolution No. 21-017 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. Poway Housing Successor Annual Report Fiscal Year 2019-2020
5. Approval of the Sixth Amendment to the Agreement between the City of Poway and
Infrastructure Engineering Corporation (IEC), for Engineering Services during the Bid and
Construction Phases of the Clearwell Bypass Project (WTR0029)
6. Award of Contract to Siemens Mobility, Inc. for the Traffic Signal Controller Upgrades Project;
Bid No. 21-011
7. Conveyance of Real Property (APN 317-750-33) to the City of Poway from Sun Coast Homes,
Inc.
8. Acceptance of the Sewer Line Repair Replace 14/15 (Pomerado Road/Stone Canyon Road)
Project; Bid No. 18-020 with Scott Michael, Inc., as Complete
9. Adoption of Resolution No. 21-018 entitled "A Resolution of the City Council of the City of
Poway, California, Authorizing the Submittal of a Hazard Mitigation Grant Application and
Appropriation of Matching Funds"
10. Approval of Consultant Agreement with The Engineering Partners, Inc. for Design Services
for the Water Treatment Plant Electrical System Assessment; RFP No. 21-019
11. Acceptance of the 2019-20 Corrugated Metal Pipe Annual Repair/Replace Project; Bid No.
20-012 with Tri -Group Construction and Development, Inc., as Complete
ORDINANCES FOR INTRODUCTION
None.
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ORDINANCES FOR ADOPTION
None.
PUBLIC HEARINGS
12. Minor Conditional Use Permit 21-001, A Request to Add Lighting to a Tennis Court at a Single -
Family Residence Located at 18773 Heritage Drive
Mayor opened the public hearing at 7:07 p.m.
Senior Planner Austin Silva presented the report along with a PowerPoint presentation and
explained that the project is designed to comply with City standards for recreational courts.
No speakers.
Mayor closed the public hearing at 7:10 p.m.
Motioned by Mayor Vaus, seconded by Councilmember Frank to adopt Resolution No.
21-018 entitled "A Resolution of the City Council of the City of Poway, California,
Approving Minor Conditional Use Permit 21-001 Assessor's Parcel Number 277-220-
24". Motion carried unanimously.
13. Specific Plan Amendment 21-001, an Amendment to the Poway Road Specific Plan to allow
Thrift Stores as a Conditional Use in the Commercial Office and Mixed Use Land Use Districts
and Antique Shops and Consignment Stores in the Mixed Use Land Use District
Mayor opened the public hearing at 7:10 p.m.
Director of Development Services Bob Manis presented the report along with a PowerPoint
presentation. Mr. Manis explained that in response to Council direction received from
Councilmember Frank's item presented at the February 2, 2021 City Council meeting, staff is
recommending an amendment to the Poway Road Specific Plan (PRSP) to allow thrift stores
with a Conditional Use Permit (CUP) in the Commercial Office and Mixed Use land use district
and, for consistency, add antique shops and consignment stores as a permitted use in the
Mixed Use land use district.
Pete Babich, via teleconference, spoke in opposition to allowing thrift stores to operate in the
Mixed Use district.
Yuri Bohlen, via teleconference, spoke in support of the amendment to expand opportunities
for the community church thrift stores.
Dawn Shatzberg and Mark Plummer, submitted email correspondence expressing opposition
to the PRSP amendment.
Joe St. Lucas, Julie and Rick Randolph, Nick Carruthers and Chris Cruse submitted email
correspondence in support of the PRSP amendment.
Mayor closed the public hearing at 7:18 p.m.
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Council expressed support for expanding the permitted use for thrift stores with a CUP and
allowing the same opportunities for antique shops and consignment stores in the PRSP.
In response to Council inquiry, Mr. Manis explained that a CUP will be specific to each
situation and location. He added that a CUP will allow the City to put limitations and enforce
certain situations such as donation drop-offs and outdoor storage and displays.
As requested by the Mayor, City Clerk Vaida Pavolas titled the Ordinance.
Motioned by Councilmember Frank, seconded by Councilmember Mullin to introduce
Ordinance No. 847 entitled "An Ordinance of the City Council of the City of Poway,
California, Approving Specific Plan Amendment 21-001 to the Poway Road Specific
Plan to Allow Thrift Stores in the Commercial Office and Mixed Use Land Use Districts
and Antique Shops and Consignment Stores in the Mixed Use Land Use District" and
schedule adoption of the Ordinance for May 4, 2021. Motion carried by the following
roll -call vote:
Ayes: Mullin, Frank, Grosch, Leonard, Vaus
Noes: None
Abstained: None
Absent: None
Disqualified: None
STAFF REPORTS
14. Approval of Appropriations from the Sewer Enterprise Fund for the City of San Diego
Wastewater Back -Billing and FY 20 Wastewater Fees
Utilities Administrator Jessica Parks presented the report along with a PowerPoint
presentation. Ms. Parks explained that the City is a participating agency with the City of San
Diego's Metropolitan Sewerage System and further discussed the Industrial Wastewater
Control Program back -billing and the Penasquitos Sewerage Pump Station reconciliation
invoice received from the City of San Diego. She added that the City of San Diego recently
invoiced the City for previous wastewater services that total $225,231.57 and provided an
additional amount for $29,037.00 to be billed for the current fiscal year. Staff is requesting a
one-time appropriation to cover the cost of these invoices.
No speakers.
Council discussion ensued.
Motioned by Councilmember Mullin, seconded by Councilmember Frank to authorize
an appropriation of $254,304.57 from the Sewer Enterprise Fund for the City of San
Diego wastewater back -billing and Fiscal Year 2020 wastewater fees. Motion carried
unanimously.
15. Landscape Maintenance District (LMD) Advisory Group Update
Senior Management Analyst Izzy Murguia presented the report along with a PowerPoint
presentation. Mr. Murguia provided an update on the development of the Landscape Master
Plan for the right-of-way areas located along Twin Peaks Road, between Community Road
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City of Poway — Minutes — April 20, 2021
and Pomerado Road and the right-of-way areas located along Espola Road, between Titan
Way and Valle Verde Terrace. He also provided an update on the award of $1.9 million for
the Hazard Mitigation Grant Program (HMGP) application for hazardous tree removal for the
previously mentioned right-of-way areas in LMD 83-1, LMD 86-1 and the open space area in
Green Valley and discussed the various phases of the project. In addition, Mr. Murguia
explained the discovery of private property lines that extend beyond the sound wall to the toe
of the slope for many properties along the north side of Twin Peaks Road between Pomerado
Road and Community Road that the City has been maintaining since the formation of LMD
83-1 in the 1980s. He stated that staff, the City Attorney and the LMD Advisory Group worked
extensively to evaluate the options for providing or not providing maintenance to these private
property areas. He concluded that staff supports the LMD's preference to continue
maintenance along the private property areas through a prescriptive easement and obtain
formal easements for private property areas at neighborhood entrances (Option E) or, if
financially unfeasible, discontinue maintenance in private property areas along roadways, but
obtain formal easements for those private property areas at neighborhood entrances (Option
D). Staff is seeking Council direction to move forward with the Advisory Groups preferred
Options E and D, to address maintenance and rehabilitation relative to the private property
areas. He noted that staff and the Advisory Group anticipate returning to Council with a single
preferred option at a future Council meeting.
Toni Bates, Chair of the LMD Advisory Group, via teleconference expressed the Advisory
Group's support for the City to continue to maintain the private property areas in accordance
with Option E. She explained that the group only supports ceasing maintenance to these areas
if the LMD cannot generate enough revenue to fund the future ongoing maintenance of the
private property areas.
Joe St. Lucas, via teleconference, spoke in opposition to paying his portion of LMD fees to
fund continued maintenance of the private property areas.
Pete Babich, via teleconference, expressed support for Option E.
The following speakers submitted email correspondence in support of the LMD
recommendation: Joanna Ziegenhohn, Travis Curry and Audrey and Howard Koble.
The following speakers submitted email correspondence in opposition to the proposed
recommendation: Gail Narevsky, David Narevsky, Mary Whitehead, Larry Franzoi and
Marjorie Adams.
Joe Nalven submitted email correspondence requesting historical information regarding
easements.
Council discussion ensued regarding the potential for priority of tree removal, the City's tree
removal process for private property, the importance of public outreach, and the pros and
cons for prescriptive easements versus obtaining formal easements along the private property
area.
In response to Council inquiry, Mr. Murguia clarified that under a prescriptive easement, the
City would continue maintenance along the private property areas, however, there would be
no enhancements or improvements to that area. Director of Development Services Bob Manis
added that homeowners could remove trees on their property without a tree removal permit,
with an exception of heritage trees that require a permit.
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In regards to the hazardous tree removal project, Mr. Murguia confirmed that the City will be
required to comply with the California Environmental Quality Act and obtain federal, state and
regional permits before any identified trees can be removed. He added that tree removals will
follow industry standard criteria and that the City anticipates tree removal to begin in March
2022, following completion of a comprehensive tree inventory and survey of property within
Green Valley.
In response to Council inquiry, Mr. Heidemann and Mr. Manis discussed tree removal permit
requirements for trees on private property and trees on the public rights-of-way. It was further
discussed that trees sought to be removed in the private property areas along Twin Peaks
Road between Community Road and Pomerado Road would require a tree removal permit
because being adjacent to the streetscape.
Council expressed support for Option E, followed by Option D once future information on
maintenance and rehabilitation costs is obtained. Council also expressed support for
removing trees along the private property area if there are funds available from the HMGP
tree removal project. Additionally, Council thanked staff for their hard work in obtaining the
federal grant.
Council provided direction to staff to advance the Advisory Group's preferred Options
E and D to address maintenance and rehabilitation relative to private property along
the north side of Twin Peaks Road between Pomerado Road and Community Road,
pending the completion of costing of the Landscape Master Plan and the hazardous
tree removal plan.
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 reported out that he attended a meeting for the Regional Solid Waste
Association and the San Dieguito Riverpark JPA.
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
City Attorney Alan Fenstermacher announced that there was no reportable action taken at Closed
Session held April 6, 2021.
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ADJOURNMENT
The meeting adjourned at 8:41 p.m.
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Vaida Pavo as, CM
City Clerk
City of Poway, California