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Item 2 - Approval of the Aug. 3 and Aug. 17, 2021 Regular City Council Meeting Minutes and Aug. 26, 2021 Special Meeting MinutesAGENDA RE PO RT City of Poway DATE: TO: FROM: September 7, 2021 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk � (858)668-4535 or cgallagher@poway.org CITY COUNCIL SUBJECT: Approval of the August 3, 2021 and August 17, 2021 Regular City Council Meeting Minutes and August 26, 2021 Special City Council Meeting Minutes Summary The City Council Meeting Minutes submitted hereto for approval are: •August 3, 2021 Regular City Council Meeting Minutes•August 17, 2021 Regular City Council Meeting Minutes •August 26, 2021 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 August 3, 2021 and August 17, 2021 Regular City Council Meeting Minutes and August 26, 2021 Special City Council Meeting Minutes Public Notification: None. Attachments: A.August 3, 2021 Regular City Council Meeting Minutes B.August 17, 2021 Regular City Council Meeting Minutes C.August 26, 2021 Special City Counil Meeting Minutes Reviewed/ Approved By: We�aserman Assistant City Manager Reviewed By: Alan Fenstermacher City Attorney Approved By: Chris Hazeltine City Manager 1 of 13 September 7, 2021, Item #2 J 2 of 13September 7, 2021, Item #2ATTACHMENT ANOTE: 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 3, 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; City Attorney Alan Fenstermacher; Interim City Clerk Deborah Harrington; 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 MayorNice 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 Welcome the 1st Naval Gunfire Liaison Company (ANGLICO). Councilmember Mullin provided information regarding the 1st Air Naval Gunfire Liaison Company (ANGLICO) and presented a Resolution to Sergeant Major Jeremy Black and Lieutenant Colonel Morris Sharber whom explained that ANGLICO is the premier fire support of the Marine Corps. 3 of 13September 7, 2021, Item #2City of Poway -Minutes -August 3, 2021 Mayor Vaus congratulated Poway native Kelsey Plum for winning the gold medal in the women's 3x3 basketball Olympic team. PUBLIC COMMENT Carol Triebel discussed the need for a stage at the Mickey Cafagna Community Center for use during older adult exercise classes. CONSENT CALENDAR Motioned by Councilmember Mullin, seconded by Deputy Mayor Leonard to approve Consent Calendar Items 1 through 5. Motion carried by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Mullin, Frank, Grosch, Leonard, Vaus None None None None 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Adoption of Resolution No. 21-063 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" 3. Approval of Award of Agreement to Bay City Equipment Industries Inc. dba Bay City Electric Works for Generator and Switchgear Maintenance Services, RFP No. 21-031 4. Adoption of Resolution No. 21-064 entitled "A Resolution of the City Council of the City of Poway, California, Amending the Investment Policy for Public Funds" 5. Adoption of Resolution No. 21-065 entitled "A Resolution of the City Council of the City of Poway, California, Supporting the "America Supporting Americans' Adoption Program and Adopting the 1st Air Naval Gunfire Liaison Company" ORDINANCES FOR INTRODUCTION None. ORDINANCES FOR ADOPTION None. PUBLIC HEARINGS 6. Resolution Renewing the Fire Protection Special Tax to be Collected on the Property Tax Rolls for Fiscal Year 2021-22. Mayor Vaus opened the public hearing at 7:14 p.m. 4 of 13September 7, 2021, Item #2City of Poway -Minutes -August 3, 2021 Finance Manager Stacey Tang presented the item and explained that the City annually collects various taxes, fees, charges and assessments on the property tax roll and in order to collect them, it is necessary to adopt a Resolution. In response to Council inquiry, Deputy Fire Chief Scott Post explained that each residential lot up to two acres with a dwelling unit is assessed 10 points at $3.12 per point. If there is an additional dwelling unit on the property or if it exceeds two acres, an additional two points per acre is assessed. Mayor Vaus noted that the amount of the tax being assessed has not increased since the tax amount was passed in 1997. Councilmember Grosch added that in 1997, the revenues collected by the tax represented approximately 17 percent of the fire budget as opposed to approximately 5 percent today. Mayor Vaus closed the public hearing at 7: 19 p.m. Motioned by Mayor Vaus seconded by Councilmember Grosch to adopt Resolution No. 21-066 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 Rolls for Fiscal Year 2021-22." Motion carried 5/0. 7. Environmental Assessment (EA) 21-001, General Plan Amendment (GPA) 21-001 and GPA 21-002; a staff-initiated request to adopt the City of Poway 2020-2029 Housing Element and Submittal of the Housing Element Update to the California Department of Housing and Community Development for 90-Day Review Mayor opened the public hearing at 7:20 p.m. City Planner David DeVries presented the report along with a PowerPoint presentation. Mr. DeVries stated that there was a public outreach program coordinated by the City. Six comments were received during the 30-day public review period and as a result, staff will update the 2020-2029 Housing Element to include some minor changes. Yuri Bohlen expressed concern on how the number of units are not evenly distributed throughout the City. Michael Yee via teleconference, expressed concern regarding transportation. Mayor Vaus closed the public hearing at 7:31 p.m. In response to Council inquiry, Mr. DeVries explained that Regional Housing Needs Assessment (RHNA) numbers are negotiated by SANDAG which are then presented to the California Department of Housing and Community Development (HCD). Once the numbers are accepted by HCD, the Cities then distribute the housing units among the 19 jurisdictions in San Diego County. In response to Council inquiry, Fire Chief Canavan explained that the high fire areas were determined by the State of California. Chief Canavan stated that after the Oakland Hills fires of 1991 the State of California passed the Bates Bill directing Cal-Fire to conduct an assessment and identified very high fire hazard severity areas in Poway. 5 of 13September 7, 2021, Item #2City of Poway -Minutes -August 3, 2021 In response to Council inquiry, Mr. DeVries explained that a credit of approximately 300 units was given by the HCD for housing that was planned or under construction. Motioned by Councilmember Frank, seconded by Councilmember Mullin to adopt Resolution No. 21-067 entitled "A Resolution of the City Council of the City of Poway, California, Adopting a Negative Declaration (Environmental Assessment) For General Plan Amendment 21-001 and 21-002 for the Adoption of City of Poway Housing Element Update (2020-2029)" and Resolution No. 21-068 entitled "A Resolution of the City Council of the City of Poway, California, Approving General Plan Amendment 21-001 and 21-002 for the Adoption of City of Poway 2020-2029 Housing Element." Motion carried 5/0. STAFF REPORTS: 8. Provide Information Regarding Pension Obligation Bonds and Adopt a Resolution Authorizing Judicial Validation Proceedings for the Proposed Pension Debt Refinancing and Related Bond Financing Agreements Director of Finance Aaron Beanan presented the report along with a PowerPoint presentation. Mr. Beanan provided information regarding the California Public Employees Retirement System (CalPERS) and the history of the City's pension plan. Mr. Beanan explained that due to low interest rates, the City has an opportunity to potentially generate future savings by refinancing certain pension obligations with CalPERS using pension obligation bonds (POBs). He went on to explain that POBs are taxable debt issued by governmental employers to retire all or a portion of their Unfunded Accrued Liability (UAL) and some of the benefits of POBs would provide budgetary savings, interest rate savings and preserve reserve and service levels. Fieldman Rolapp & Associates Principal Jim Fabian explained what a pension obligation bond is and the options that the City has to issue them. Mr. Fabian went on to explain that there is a UAL unfunded actuarial liability that is on the City's books and the options to pay that off with the issuance of POBs. There are two different scenarios, 85 percent funded scenario and 100 percent funded scenario. Bartel Associates Vice President Mary Beth Redding reported the projected change in the City's future cash flows with and without a POB. Ms. Redding explained that if a POB is issued, the City would take on the obligation for a future debt service and invest the funds with CalPERS, reducing the unfunded liability which could reduce the required contributions. Ms. Redding further elaborated that an actual calculation of savings will depend on future years' CalPERS investment return which in most scenarios the City's cash flow with POB will be lower, but in some scenarios the cash flow will be higher if the investment return is very bad or very good. In response to Council inquiry, Mr. Fabian explained that what drives the interest rate is the rating it has received and if there is a delay in the bond sale, he recommends waiting until January 2022. In response to Council inquiry, Mr. Beanan explained that CalPERS has made an effort to put policies in place and strengthen the likelihood for them to achieve their discount rate targets and increase the funds sustainability over time. Mr. Beanan added that the discussion on a potential bond sale is occurring now due to Council interest and a low interest rate environment. He went on to explain that the analyses that were run included a contingency that had a higher interest rate to account for adverse movements in the market. 6 of 13September 7, 2021, Item #2City of Poway -Minutes -August 3, 2021 In response to Council inquiry, Ms. Redding explained that the analysis conducted determined that the average of the successful trial was $12 million dollars, and the average of the unsuccessful trials was a $5 million dollar loss. No speakers. Motioned by Deputy Mayor Leonard, seconded by Mayor Vaus to adopt Resolution No. 21-069 entitled "A Resolution of the City Council of the City of Poway, California, Authorizing the Issuance of Bonds to Refund Certain Pension Obligations of the City, Approving the Form and Authorizing the Execution of a Trust Agreement and Purchase Contract, Authorizing Judicial Validation Proceedings Relating to the Issuance of Such Bonds and Approving Additional Actions Related Thereto." Motion carried 5/0. WORKSHOPS: None. COUNCIL-INITIATED ITEMS: 9. Town Center Arch Entry Sign Deputy Mayor Leonard and Councilmember Frank presented the report along with a PowerPoint presentation regarding the Town Center Arch Entry Sign. Council expressed enthusiasm and support of the installation of a Town Center Arch Entry Sign. Yuri Bohlen expressed support of the concept with no tax dollars expended and suggested the sign be placed at the beginning of Poway Road. Council concurred to support the concept of a Poway welcome arch, community fundraising effort and the creation of a subcommittee to work with the Poway Valley Garden Club and other organizations. 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. CITY MANAGER ITEMS: None. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) 10. Conference with Legal Counsel -Anticipated Litigation Government Code§ 54956.9(d)(2) -one (1) case 11 . Conference with Labor Negotiators Government Code Section 54957.6 7 of 13September 7, 2021, Item #2City of Poway -Minutes -August 3, 2021 Designated City Representatives: Chris Hazeltine, Wendy Kaserman, Aaron Beanan and Jodene Dunphy Employee Organizations: Poway Firefighters' Association City Attorney Alan Fenstermacher announced that there was no reportable action at the Closed Session held on Tuesday July 20, 2021. At his request, Mayor Vaus adjourned the meeting into Closed Session at 9:04 p.m. City Council came out of Closed Session at 9:37 p.m. ADJOURNMENT The meeting adjourned at 9:37 p.m. Deborah Harrington Interim City Clerk City of Poway, California 8 of 13September 7, 2021, Item #2NOTE: 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 17, 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; City Attorney Alan Fenstermacher; Interim City Clerk Deborah Harrington; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy; Public Works Director Eric Heidemann; Interim Fire Chief Scott Post; 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 MayorNice 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 Yuri Bohlen supported increasing the wages of the Poway Firefighters. Pete Babich, via teleconference spoke regarding an independent commission on Redistricting. 9 of 13September 7, 2021, Item #2City of Poway -Minutes -August 17, 2021 CONSENT CALENDAR Motioned by Deputy Mayor Leonard, seconded by Councilmember Frank to approve Consent Calendar Items 1 through 5. Motion carried by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Mullin, Frank, Grosch, Leonard, Vaus None None None None 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the July 20, 2021 Regular City Council Meeting Minutes 3. Adoption of Resolution No. 21-070 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. 21-071 entitled "A Resolution of the City Council of the City of Poway, California, Authorizing the Acceptance of Grant Funds Through the Urban Area Security Initiative Grant Program" 5. City's Investment Report as of June 30, 2021 ORDINANCES FOR INTRODUCTION None. ORDINANCES FOR ADOPTION None. PUBLIC HEARINGS None. STAFF REPORTS: Principal Civil Engineer Shadi Sarni presented the report along with a PowerPoint presentation on Items 6 through 8 relative to the Consultant Agreement with Infrastructure Engineering Corporation (IEC) for engineering design services for the Clearwell Replacement Project, the Reimbursement Agreement with the San Diego County Water Authority for the design of the Poway 5 Flow Control Facility and a Third Amendment to the Kennedy/Jenks Consultant Agreement for Design Management Services of the Clearwell Replacement Project. 6. Approval of Consultant Agreement between the City of Poway and Infrastructure Engineering Corporation for Engineering Design Services for the Clearwell Replacement Project, RFP No. 21-032 Yuri Bohlen requested clarification on the definition of raw water. 10 of 13September 7, 2021, Item #2City of Poway -Minutes -August 17, 2021 In response to Council inquiry, Ms. Sarni responded that the new connection with the San Diego County Water Authority would be with a treated water pipeline. In response to Council inquiry, Ms. Sarni explained that IEC supplied the most complete bid, demonstrated a better understanding of the project and provided a complete scope of work. She went on to explain that there was a site tour and a question-and-answer session for all potential vendors. Ms. Sarni added that additional scope of work was negotiated into the project at no increase in the bid amount with IEC. Motioned by Councilmember Mullin, seconded by Deputy Mayor Leonard to approve the Consultant Agreement with Infrastructure Engineering Corporation (IEC) for Engineering Design Services for the Clearwell Replacement Project, per the outlined terms of the Consultant Agreement and authorize the City Manager to execute the necessary document. Motion carried 5/0. 7. Approval of a Reimbursement Agreement between the City of Poway and the San Diego County Water Authority (SDCWA) for the Design of the Poway 5 Flow Control Facility No speakers. Motioned by Councilmember Frank, seconded by Mayor Vaus to approve the reimbursement agreement between the City of Poway and the San Diego County Water Authority for the design of Poway 5 Flow Control Facility and the deposit amount of $150,000. Motion carried 5/0. 8. Approval of Third Amendment to the Agreement with Kennedy/Jenks Consultants for Design Management Services of the Clearwell Replacement Project No speakers. Motioned by Mayor Vaus, seconded by Councilmember Frank, to approve the Third Amendment to the Agreement for Program Management Services, RFQ No. 20-001 with Kennedy/Jenks Consultants, Inc. and authorize the City Manager to execute the necessary document. Motion carried 5/0. 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. Director of Public Works Eric Heidemann provided an update on the San Diego County Water Authority. Mr. Heidemann stated that the Metropolitan Water Districted voted to appoint Adel Hagekhalil as Metropolitan General Manager. Mr. Heidemann then reported that Fallbrook and Rainbow filed an application with the Local Agency Formation Commissions (LAFCO) to detach 11 of 13September 7, 2021, Item #2City of Poway -Minutes -August 17, 2021 from the San Diego County Water Authority which could impact the City of Poway. Mr. Heidemann concluded his update noting that due to severe drought conditions, Governor Newsom and the Water Authority have advocated a voluntary 15 percent reduction in water usage. CITY MANAGER ITEMS: None. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) 9. Conference with Labor Negotiators Government Code Section 54957 .6 Designated City Representatives: Chris Hazeltine, Wendy Kaserman, Aaron Beanan and Jodene Dunphy Employee Organizations: Poway Firefighters' Association City Attorney Alan Fenstermacher announced there was no reportable action taken at the August 3, 2021 City Council Closed Session. At his request, Mayor Vaus adjourned the meeting into Closed Session at 7:30 p.m. City Council came out of Closed Session at 8:50 p.m. City Attorney Alan Fenstermacher announced there was no reportable action taken at the August 17, 2021 City Council Closed Session. ADJOURNMENT The meeting adjourned at 8:51 p.m. Deborah Harrington Interim City Clerk City of Poway, California 12 of 13September 7, 2021, Item #2NOTE: 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 -CLOSED SESSION August 26, 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 Special Meeting to order at 3:06 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 Carrie Gallagher; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy PUBLIC COMMENT Chris Olps spoke regarding the recent departure of various fire department personnel and recommended that the labor negotiators and city representatives come to an agreement. CONSENT CALENDAR None. COUNCIL-INITIATED ITEMS None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) None. CITY MANAGER ITEMS: None. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION 13 of 13September 7, 2021, Item #2City of Poway -Minutes -August 26, 2021 1. Conference with Labor Negotiators Government Code Section 54957.6 Designated City Representatives: Chris Hazeltine, Wendy Kaserman, Aaron Beanan and Jodene Dunphy Employee Organizations: Poway Firefighters' Association Mayor Vaus adjourned the meeting into Closed Session at 3: 11 p.m. City Council came out of Closed Session at 3:56 p.m. and City Attorney Fenstermacher announced that there was no reportable action. ADJOURNMENT The meeting adjourned at 3:56 p.m. Carrie Gallagher, CMC City Clerk City of Poway, California