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2021 11-16CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES November 16, 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; Deputy City Attorney Jayson Parsons; City Attorney Alan Fenstermacher, via teleconference; 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; 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 Councilmember Barry Leonard introduced Troop 643, who led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. PRESENTATIONS Mayor Vaus announced that the City is holding the first redistricting public hearing tonight in conjunction with a regularly scheduled City Council meeting, the public hearing must begin at a time certain in accordance with California Elections Code. The public hearing was advertised to begin at 7:15 p.m. therefore the public hearing must begin at 7:15 p.m. or as soon as practicable if there is someone speaking at 7:15 p.m. 982 City of Poway — Minutes — November 16, 2021 PUBLIC COMMENT Heather LaForge of the New West Ballet Foundation introduced a group of performers who spoke regarding the upcoming performance, The Nutcracker at the Poway Center for the Performing Arts. They thanked Council for their support of the PCPA. Bo Matthys of the Poway Symphony Orchestra spoke regarding their upcoming concert program and noted the groups eagerness to discuss the future of the PCPA. Yuri Bohlen questioned Council on various topics including the Carriage Center Mall, the Outpost and the Poway sign. Peter Neild spoke regarding Candy Cane Courts warning signs and Starridge Park unlit baseball fields behind Poway High School. Katherine Hirsch via teleconference, thanked Council and staff for their hard work on Community Park assessment and work on the PCPA. Mayor Vaus reordered the agenda to hear COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS at this juncture. Mayor Vaus reordered the agenda to hear Item 9. Initiation of Post 2020 Census Redistricting Process and First Public Hearing at this juncture. CONSENT CALENDAR Motioned by Councilmember Mullin, seconded by Deputy Mayor Leonard to approve Consent Calendar Items 1 through 8. 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 19, 2021 Regular City Council Meeting Minutes 3. Adoption of Resolution No. 21-091 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. City's Investment Report as of September 30, 2021 5. Award of Agreement to Nth Generation for Storage Area Network (SAN) and Data Backup Solution, RFP No. 22-005 6. Acceptance of the FY 2021-22 Street Maintenance Project; Bid No. 21-014, with Pavement Coatings Co., as Complete 983 City of Poway — Minutes — November 16, 2021 7. Acceptance of the FY 2020-21 ADA Barrier Removal - Lake Poway Pathways Project; Bid No. 21-016, with L.C. Paving & Sealing, Inc., as Complete 8. Acceptance of the Dock Repair Project with Bellingham Marine Industries, Inc., as Complete In response to a resident question regarding the continuation of Item 3, Adoption of Resolution No. 21-091 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", City Manager Hazeltine explained that the recommendation to continue to extend the emergency is to ensure that we are eligible for any state and federal funding that we may be entitled to. ORDINANCES FOR INTRODUCTION None. ORDINANCES FOR ADOPTION None. PUBLIC HEARINGS Mayor Vaus reordered the agenda to hear Item 9 prior to Consent Calendar. 9. Initiation of Post 2020 Census Redistricting Process and First Public Hearing Mayor Vaus opened the public hearing at 7:15 p.m. City Attorney Alan Fenstermacher, via teleconference presented the report along with a PowerPoint presentation. He stated that by state law we are required to go through the potential redistricting process after each decennial census, which we just had in 2020. Tonight is the first of two initial hearings held for the purposes of soliciting input from the public about the potential maps and about educating the public on the process and what will be taking place. He provided statistical information and other legal information noting that shortly after these two initial hearings, two additional hearings will be held in the new year, tentatively scheduled for January 18, and February 1, 2022 to take comments on any potential draft maps to the extent additional maps are drawn. In addition, we will need to either re -adopt the existing map which remains fully compliant with the laws or adopt a new map by April 17, 2022. We are tentatively scheduled to have a first reading of the proposed map on February 1, 2022 followed by second reading and adoption. Public Comment: Bernie Guzman spoke regarding undivided neighborhoods, he requested Council reconnect his area of Garden Road with the rest of it. Yuri Bohlen stated that besides a few anomalies, the current map contains all the required criteria therefore change is not needed prior to the 2030 census. Peter Neild spoke regarding minor anomalies within District One. 984 City of Poway — Minutes — November 16, 2021 Jessie Mellor, via teleconference inquired on legal requirements for voter material in languages other than English and spoke regarding empowering resident to draw their own maps. Mayor Vaus closed the public hearing at 7:30 p.m. Council discussion ensued, factors that go into drawing district lines and potential ramifications if even minor changes are made to the current map were discussed. Council noted looking forward to exploring their options and working through the process. Motioned by Mayor Vaus, seconded by Councilmember Frank to 1) Set the remaining public hearing meeting dates for the Post 2020 Census Redistricting Process; and 2) Provide direction to staff/demographer to pursue the "balanced" option of maintaining the districts as they exist, addressing the questions that Council has in the currently adopted district map or pursue a more comprehensive process to develop a new map. Motion carried unanimously. 10. Resolution Adopting/Approving an Amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Years 2020-21 through 2024-25 Mayor Vaus opened the public hearing at 7:46 p.m. City Engineer Melody Rocco presented the report along with a PowerPoint presentation. She explained that this item is an amendment to the 2021 five-year Regional Transportation Improvement Program funded through the Transnet extension ordinance which was approved by the San Diego County voters in 2004. Every two years local cities are required to prepare a five-year list of projects to be funded through this program. The current list was approved by in May 2020 and amended in May 2021. This is another amendment to the current list of projects. The construction cost estimate for the Espola Rd bike lanes project is nearly double the available construction funds and staff recommends placing the project on hold until future funding is available and in order to avoid losing the program to funds, the money is being reallocated. No speakers. Mayor Vaus closed the public hearing at 7:50 p.m. Council discussion ensued. Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution No. 21-092 entitled "A Resolution of the City Council of the City of Poway, California, Adopting/Approving an Amendment to the Transnet Local Street Improvement Program of Projects for Fiscal Years 2020-21 through 2024-25" and amend the FY 2021- 22 Capital Improvement Program Budget to appropriate $700,000 in RTIP funds to the FY 2021-22 Street Overlay Project ST019. Motion carried unanimously. 11. An Ordinance Adopting the Titan Way Engineering and Traffic Survey Mayor Vaus opened the public hearing at 7:55 p.m. City Engineer Melody Rocco presented the report along with a PowerPoint presentation. She stated that speeding on Titan Way has not been a concern in the past due to the frequent 985 City of Poway — Minutes — November 16, 2021 presence of children. During the pandemic however, the school was closed and there were no children present. So, without an approved speed survey, the Sheriffs Department was unable to enforce the speed limit because there were no children present. They requested that staff establish a speed limit on Titan Way after traffic volumes increased near pre pandemic levels. The Titan Way Engineering and Traffic Survey was completed, and findings presented to the Traffic Safety Committee on October 13, 2021. Staff recommends establishing a speed of 25 miles per hour on Titan Way. No speakers. Mayor Vaus closed the public hearing at 7:59 p.m. Council discussion ensued. Motioned by Mayor Vaus, seconded by Deputy Mayor Leonard to introduce Ordinance No. 850 entitled "An Ordinance of the City Council of the City of Poway, California, Adopting the Titan Way Engineering and Traffic Survey" and schedule adoption of the Ordinance for December 7, 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 12. Adopt a Resolution Approving a Preliminary Official Statement in Connection with the Sale of Taxable Pension Obligation Bonds Director of Finance Aaron Beanan presented the report along with a PowerPoint presentation. He presented the risk analysis summary explaining the process of a modified level debt service structure and discussed anticipated annual savings to the City. He added that CaIPERS discounted rate has a direct impact on what we pay them annually which is anticipated to drop to 6.50%. No speakers. Council discussion ensued. In response to Council questioning, Mr. Beanan stated that the idea would be to take potential general fund surplus in each year after the audit was concluded and the financial statements were prepared, and Council could choose to use that money transferred over towards the management of his pension costs which would depend on the financial operating results of the City with a decision made in between the conclusion of the audit and the commencement of the budget. Mr. Beanan stated that issuing Pension Obligation Bonds (POB's) is issuing based on a snapshot in time based on all the information we have today. He reminded Council that this process is not eliminating but rather refinancing unfunded liability which can only be managed and never fully extinguished. 986 City of Poway — Minutes — November 16, 2021 Motioned by Councilmember Mullin, seconded by Councilmember Frank to adopt Resolution No. 21-093 entitled "A Resolution of the City Council of the City of Poway, California, Authorizing the Sale of Taxable Pension Obligation Bonds to Refinance the City's Obligation to the California Public Employees' Retirement System, Approving the Form of a Preliminary Official Statement and a Continuing Disclosure Agreement, and Approving Additional Actions Related Thereto". Motion carried unanimously. 13. DRAFT Needs Assessment for Community Park City Planner David DeVries and PROS Consulting Vice President Neelay Bhatt presented the item along with a PowerPoint presentation. Mr. DeVries stated that City staff contracted with PROS Consulting to complete a usage and needs assessment of Community Park. He added that the assessment included extensive research and analysis and a very robust public outreach program. He provided a brief background on the qualifications of the PROS Consultants and noted that City staff is requesting that Council review the considerations from the consultant team and then provide feedback. Public Comment: Yuri Bohlen requested clarification on the proposed shade structure and noted he fully supports and looks forward to updates to the park. Michael Yee, via teleconference spoke regarding bicycle connectivity and bicycle parking. Council discussion ensued and direction was provided. WORKSHOPS None. COUNCIL -INITIATED ITEMS None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) Councilmember Mullin reported on the Metro Wastewater Commission and provided an overview of how billing and payments are handled with accuracy as a primary mission. Mayor Vaus reported while visiting Poway Fire Station 1, he attended a few medical calls and had dinner with the staff. He praised them for their professionalism and love of the City. CITY MANAGER ITEMS: None. 987 City of Poway — Minutes — November 16, 2021 CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) 14. Conference with Labor Negotiators Government Code Section 54957.6 Designated City Representatives: Chris Hazeltine, Wendy Kaserman, Aaron Beanan and Jodene Dunphy Employee Organizations: Management/Confidential Deputy City Attorney Jayson Parsons announced that a report out of any action taken during Closed Session, would be done at the next Regular City Council meeting. Mayor Vaus adjourned the meeting into Closed Session at 9:31 p.m. City Council came out of Closed Session at 10:14 p.m. ADJOURNMENT The meeting adjourned at 10:14 p.m. Carrie Gallagher City Clerk City of Poway, California 988