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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. 0901 City of Poway — Minutes — April 20, 2021 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. 0902 City of Poway — Minutes — April 20, 2021 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. 0903 City of Poway — Minutes — April 20, 2021 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 0904 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. 0905 City of Poway — Minutes — April 20, 2021 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. 0906 City of Poway — Minutes — April 20, 2021 ADJOURNMENT The meeting adjourned at 8:41 p.m. 0907 Vaida Pavo as, CM City Clerk City of Poway, California