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2021 11-02CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES November 2, 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 Present: 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; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy; Public Works Director Eric Heidemann; Director of Community Services Audrey Denham; 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 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 PRESENTATIONS City Manager Hazeltine introduced Audrey Denham, new Community Services Director. Director Denham addressed the City Council providing a brief history of her career. Mayor Vaus welcomed her. PUBLIC COMMENT Kathie Bretches, Urban Executive Producer for Metropolitan Educational Theater Network (MET2) provided a brief overview of the organization and shared the schedule of their upcoming 0975 City of Poway — Minutes — November 2, 2021 performance of The Little Mermaid Jr. to include a cast of over 100 local youths to be presented at the Poway Center for the Performing Arts (PCPA). She added that a special field trip performance is scheduled for local school children. Yuri Bohlen spoke in opposition of the Recall Mayor Vaus efforts. He noted an unnecessary waste of valuable City resources if the recall were to move forward and spoke in defense of Mayor Vaus on a false charge of criminality brought against him by the proponents. Michael Rennie thanked the City Council for their support of the performing arts and arts education, he provided a list of upcoming events scheduled for the PCPA and shared the website address for those interested in buying tickets. CONSENT CALENDAR Motioned by Mayor Vaus, seconded by Deputy Mayor Leonard to approve Consent Calendar Items 1 through 7. 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 October 5, 2021 Regular City Council Meeting Minutes 3. Adoption of Resolution No. 21-086 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. 21-087 entitled "A Resolution of the City Council of the City of Poway, California, Authorizing Participation and the Acceptance of Funds through the 2020 State Homeland Security Grant Program" 5. Acceptance of the 2020-2021 Street Overlay Project; Bid No. 19-013 with SRM Contracting and Paving, Inc., as Complete 6. Acceptance of the Fleet Maintenance Equipment Lift Replacement Project; Bid No. 21-007, with Autolift Services, Inc., as Complete 7. Temporary Lease of City -Owned Properties Located at 14322 Pomerado Road and 11907 Old Pomerado Road to San Diego Gas & Electric Company for Use as Construction Staging Areas Deputy Mayor Leonard spoke regarding item 7, he thanked the staff for their work on this temporary lease and noted that staff has secured the resurface and slurry of the road once the project is complete. He noted that the value of the resurface and slurry far outweighs the usual rent charged for such a project. 0976 City of Poway — Minutes — November 2, 2021 ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION 8. Second Reading and Adoption of Ordinance No. 849 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Sections 8.68.010, 8.68.020, 8.68.030, 8.68.195, 8.68.400 and Adding 8.68.225 and 8.68.230 to Chapter 8.68 (Solid Waste Management) of the Poway Municipal Code" No speakers. Motioned by Deputy Mayor Leonard, seconded by Councilmember Grosch to adopt Ordinance No. 849 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Sections 8.68.010, 8.68.020, 8.68.030, 8.68.195, 8.68.400 and Adding 8.68.225 and 8.68.230 to Chapter 8.68 (Solid Waste Management) of the Poway Municipal Code" Motion carried by the following roll -call vote: Ayes: Mullin, Frank, Grosch, Leonard, Vaus Noes: None Abstained: None Absent: None Disqualified: None PUBLIC HEARINGS: 9. Public Hearing for Proposed Four -Year Water, Recycled Water, and Wastewater Rates Mayor Vaus opened the Public Hearing at 7:15 p.m. Finance Director Aaron Beanan presented the report. He stated that rates are being proposed to support debt financing for future water projects which have been discussed over the last year, he added that year one proposed rates for water would be 7% without the projects and are being proposed at 10% with the debt financing for about 3% more. He added that the debt financing will help minimize ratepayer impacts and promote inter -generational equity by spreading costs over multiple years. Director Beanan stated that even with the proposed 10% increase in year one, Poway is still less than the county average for water costs to the average residential customer. Year one for wastewater rates are being proposed at 4%. This increase balances the increasing cost of the San Diego Pure Water Program with reserve drawdowns. Director Beanan went on to discuss rate drivers, proposed revenue increases for water and wastewater, community outreach, and staff's timeline for this process and the overarching debt financing. Public Comment: Shawn Hodgetts spoke in opposition of a water rate increase. Tom Scott spoke regarding the tier method and multi -family residential fixed rates, he provided suggested changes to the current proposed rate structure. 0977 City of Poway — Minutes — November 2, 2021 Yuri Bohlen spoke in opposition to the water rate increase and the method for residents to protest, he noted mobile park residents as an example. Mr. Bohlen suggested Council defer the percentage increase to span over seven years instead of the four years making the increase of five percent over the seven years instead of the current proposal. Chris Olps spoke in opposition of a water rate increase as well as the current method for protest. Hiram Soto spoke in opposition of a water rate increase as well as to the protest process. Jack Russ spoke regarding a need for increasing revenues for necessary capital improvements of the city's aging waterworks however he believes there to be flaws with the proposed rate structure. Mr. Russ suggested that customers pay the cost that they impose upon the system. End of Public Comment. Mayor Vaus closed the Public Hearing at 7:15 p.m. Council discussion ensued. In response to Council inquiry, Mr. Beanan explained that not every agency is facing the same charges from the County Water Authority and that each agency has their own formula for the charges they are receiving. He noted that a cost allocation study update used to determine how much of an employee's municipal duties are spent on water and sewer related work will be proposed for the upcoming budget cycle and that as soon as the study is complete, the findings can be incorporated into the budget. Additionally, Mr. Beanan noted that the bonds are a 30-year term and are meant to service the annual debt, this is why the 35% increase would not reset the revenue fast enough for the water program and other capital improvement projects that are coming up. Motioned by Deputy Mayor Leonard, seconded by Councilmember Mullin to adopt the Resolution establishing water service charges and rates. Ayes: Mullin, Frank, Grosch, Leonard, Vaus Noes: None Abstained: None Absent: None Disqualified: None Motioned by Councilmember Frank, seconded by Councilmember Grosch to adopt the Resolution establishing sewer service charges and rates. Ayes: Mullin, Frank, Grosch, Leonard, Vaus Noes: None Abstained: None Absent: None Disqualified: None 10. Conditional Use Permit 21-001 and Minor Development Review Application 21-001; A Request to Construct a Single -Family Residence and Indoor Private Recreational Facility at 14100 Biscayne Place. 0978 City of Poway — Minutes — November 2, 2021 Mayor Vaus opened the Public Hearing at 8:17 p.m. Director of Development Services Bob Manis presented the project including conditions, architectural elements, and elevations of the project for the Conditional Use Permit 21-001 and Minor Development Review Application 21-001. Mr. Manis explained that two neighborhood meetings were held to address community concerns. He explained the conditions required for the private recreational facility to gain approval and the lengths the applicant has gone through to prevent disturbances to the neighborhood. Matthew Peterson, Attorney at Peterson and Price, representing the project applicant noted the two primary concerns of the neighbors were architecture and use of the facility, he presented changes and revisions involving sound proofing, light and glare and parking issues members of the community raised and addressed how the applicants proposed changes have resolved these concerns. Public Comment: William Engelbrecht, community resident spoke in opposition of the project, and voiced concern over the community impacts if construction were approved. Sri Gopal, Homeowners Association President spoke regarding the adequacy of the plan as presented and if approved tonight, how the plan will be workable for the community. He noted that the Homeowners Association Board is currently working with their own architects and are still in the review process, noting that they have not yet approved the plans. Anthony Crisafi, Roger Sammon, Mike Flynn and Austin Flynn each submitted a comment slip in support for the project. End of Public Comment. Mayor Vaus closed the Public Hearing at 8:43 p.m. Council discussion ensued. In response to Council inquiry, Mr. Manis stated that for approval of the recommendation before Council tonight, consideration of the design is only as it meets City standards. He stated the City requires that the applicant submit plans to their Architectural Review Board or the HOA prior to a building permit issuance, however approval from that Board for the City to issue a permit is not necessary noting that it is between the owner and the Board to deal with any issues related to the CC&R's. He added that the enforcement of the CUP is reliant on the neighbors to report any issues to the City. He added that there is a condition with any CUP, if the applicant is in continued noncompliance, the project can be brought back to City Council for review. Motioned by Mayor Vaus, seconded by Councilmember Frank to adopt the Resolution establishing Conditional Use Permit 21-001 and Minor Development Review Application 21-001; A Request to Construct a Single -Family Residence and Indoor Private Recreational Facility at 14100 Biscayne Place. Ayes: Mullin, Frank, Grosch, Leonard, Vaus Noes: None Abstained: None 0979 City of Poway — Minutes — November 2, 2021 Absent: None Disqualified: None STAFF REPORTS 11. Capital Improvement Program Update Senior Civil Engineer Henry Trang presented the staff report with the use of a Power Point presentation. He noted that the update is given three times per year, the last being in June as part of the budget presentation. Mr. Trang stated that the program consists of 50 projects divided into five categories consisting of Streets, Drainage, Public Facilities, Water and Sewer projects with a total funding of $64.77 million. Additionally, Mr. Trang updated City Council on projects completed since June and brief overview of each was presented. Public Comment: Yuri Bohlen questioned if the completion date for the Capital Improvements on Espola Rd. remains to be February 2022. End of Public Comment. In response to Council inquiry about the completion date of the Espola Rd project, Mr. Trang stated that March 29th remains the anticipated completion date. He explained that if the contractor were to miss the projected finish date of March 29th the contractor has until April 15th to close out the project. Regarding the Bowron Rd project, Mr. Trang added that SDG&E had completed their work approximately two weeks prior. In response to Council inquiry, Director of Development Services Bob Manis stated the PCPA design work has been put on hold while a number of issues with the project are being resolved. WORKSHOPS: None. COUNCIL -INITIATED ITEMS: None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) Councilmember Mullin thanked the Senior Volunteer Patrol for their home safety service program noting that the program is available to residents while on vacation. Councilmember Frank reminded the community that the congregate meal program has resumed in Poway. Deputy Mayor Leonard shared news of an upcoming blood drive to be held at City Hall in conjunction with Kiwanis Club. He added that an event to thank "Covid Heroes", those who stepped up during the pandemic would be held on November 13th. He added that on Sunday, November 7, in the back parking lot of the Irish Pub, Michael Simon, operator of Poway Cleaning Club will be collecting clothing and hygiene items for the Alpha Project and for Stand Up with Kids. Additionally, the Poway Padres game will be held on Friday, November 12th at the Sportsplex 0980 City of Poway — Minutes — November 2, 2021 and lastly, on Thursday, December 9th, a Holidays with Heroes event will take place, sponsored by the Kiwanis to benefit children of needy families. Mayor Vaus shared news of a November 11th Veterans Day Ceremony to be held at Veterans Park, in addition he provided a brief SANDAG update including a description ofthe proposed mileage tax that would be used to fund transit. He noted Council's adamant opposition to the tax. Director of Public Works Eric Heidemann provided an update on San Diego County Water Authority's response to the Governor's drought emergency declaration, he noted that the Governor has extended his emergency drought declaration to the entire state. He added that it originally covered 50 of the 58 counties in the state and now it covers the entire state including San Diego County. In response, the Water Authority Board of Directors activated its level one voluntary water shortage contingency plan and have enhanced their public outreach and support to its member agencies. He stated that the City of Poway has had its level one water conservation plan in place since 2017 and encouraged residents to voluntarily reduce water. He noted that the City website provides opportunities and ideas for water use efficiency including turf rebates and stated that the public can call if they have any questions adding that last year was the second driest year since 2002. CITY MANAGER ITEMS: None. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) ADJOURNMENT The meeting adjourned at 9:17 p.m. Carrie Gallagher, CMC City Clerk 0981