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2022 04-19CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES April 19, 2022 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: Barry Leonard, Caylin Frank, Dave Grosch, John Mullin, 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; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Jeff Chumbley; Captain Karla Menzies, 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 Mullin led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. PRESENTATIONS Recognition of Poway Fire Department and San Diego County Sheriff's Department for their efforts to save Baby Mia. Mike Leland, President of the Poway Chamber of Commerce, provided an update regarding the Poway Chamber of Commerce. 1042 City of Poway — Minutes — April 19, 2022 PUBLIC COMMENT Jimmy Saville spoke regarding gender equality. Yuri Bohlen inquired on the Outpost project bankruptcy proceedings. CONSENT CALENDAR Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to approve Consent Calendar Items 1 through 7. Motion carried 5/0 by the following roll -call vote: Ayes: Leonard, Frank, Grosch, Mullin, 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 1, 2022 Regular City Council Meeting Minutes 3. Adoption of Resolution No. 22-017 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." Speaking on item #3, Joe St. Lucas inquired on the exit criteria for the Declaration of Emergency. 4. Approval of Lease Agreement with Moon Valley Nurseries Inc., an Arizona Corporation, for the Use of City -owned Property Near Highland Valley Road Deputy Mayor Mullin stated item #5 is an extension to The Arc of San Diego agreement for the hiring of developmentally disabled adults to work on the parks, he added we get good service, and the agreement has proven to be successful for all involved. 5. Award of Agreement to The Arc of San Diego for Parks Ground Maintenance Services 6. Rejection of Received Bid for the Caustic Soda Tank Rehabilitation Project; Bid No. 22-005, and Direction to Staff to Re -scope and Re -advertise the Project 7. Award of Contract to Wright Construction Engineering Corp. for the Springvale and Carlson Channel Rehabilitation Project; Bid No. 22-006 and Appropriation of Additional Funds ORDINANCES FOR INTRODUCTION 8. Ordinance to Amend Poway Municipal Code Chapter 17.40 (Comprehensive Sign Regulations) City Attorney Alan Fenstermacher presented the report. He noted due to recent issues concerning non-compliance with the current code, staff recommends an amendment to the City sign regulation to strengthen the penalties for violating the Ordinance and encourage 1043 City of Poway — Minutes — April 19, 2022 more compliance. As proposed, the first violation of the amended Ordinance, the sign would be held for five days, and 30 days for the second violation. The third violation and all there thereafter, the sign would be held for 90 days and when returned, there would be a requirement to pay the City for costs incurred by removal and storing the signs. Public Comment: Joe St. Lucas inquired on the proper channels for reporting sign violations, the process for tracking violators, he questioned the use of megaphones, private property penalties and whether size limitations have been imposed on signs held by an individual. John Robert Bobek inquired on how citations and fees would be imposed on postings other than election signs. Yuri Bohlen spoke regarding the potential for problems resulting from assessing penalties and fees for violations that cannot be proven were committed by any one individual. Pete Neild, via teleconference, spoke in support of enforcing fines which result from City incurred costs due to violators of the new regulations. Robert Mead spoke in support of peaceful protest, freedom, and liberty for all. End of Public Comment. Council discussion ensued: City Attorney Fenstermacher clarified the definition of "right of way," as non -private property on the edges of public streets, medians, City owned property and publicly owned right-of-way, which are essentially the edges of the streets. In response to Council inquiry, Development Services Director Bob Manis stated violations should be reported to the City Code Compliance hotline; he noted in addition to Code Compliance staff, staff from other City departments can and has been designated to assist in the removal of signs during heavy violation periods. Mr. Fenstermacher stated the violation count would reset with each new election cycle. Mr. Manis stated amplified sound as a result of megaphones is not allowed unless a Temporary Use Permit has been applied for and issued. Mr. Fenstermacher clarified this amended Ordinance is not a result of protest activities as suggested by a previous speaker and noted this amended Ordinance does not apply to individuals carrying signs nor are they subject to size restrictions. In response to Council inquiry, Mr. Manis stated enforcement is typically complaint driven however, if staff notices a violation in the normal course of a day's work, a formal complaint is not necessary for a removal. Mr. Fenstermacher clarified a second violation would be assessed if the sign is found to have the same owner, regardless of its location. 1044 City of Poway — Minutes — April 19, 2022 Discussion ensued regarding private property sign violations. As requested by the Mayor, City Clerk Gallagher titled the Ordinance. Motioned by Mayor Vaus, seconded by Councilmember Leonard to introduce Ordinance No. 856 entitled, "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 17.40 (Comprehensive Sign Regulations) of the Poway Municipal Code" and schedule adoption of the Ordinance for May 3, 2022. Motion carried 5/0 by the following roll -call vote: Ayes: Leonard, Frank, Grosch, Mullin, Vaus Noes: None Abstained: None Absent: None Disqualified: None ORDINANCES FOR ADOPTION 9. Second Reading and Adoption of Ordinance No. 855 entitled, "An Ordinance of the City Council of the City of Poway, California, Pursuant to Section 16.16.110 of the Poway Municipal Code Concerning Relinquishment of Open Space (APN 317-534-43)." Public Comment: None. Motioned by Deputy Mayor Mullin, seconded by Councilmember Grosch to adopt Ordinance No. 855 entitled, "An Ordinance of the City Council of the City of Poway, California, Pursuant to Section 16.16.110 of the Poway Municipal Code Concerning Relinquishment of Open Space (APN 317-534-43)." Motion carried 5/0 by the following roll -call vote: Ayes: Leonard, Frank, Grosch, Mullin, Vaus Noes: None Abstained: None Absent: None Disqualified: None PUBLIC HEARINGS: 10. Resolution Adopting the TransNet Local Street Improvement Program List of Projects for Fiscal Years 2022-23 through 2026-27 Mayor Vaus opened the public hearing at 7:59 p.m. City Engineer Melody Rocco presented the report. She stated every two years, local cities are required to prepare a five-year list of projects to be funded through the program. The Regional Transportation Improvement Program is funded through the Trans Net extension ordinance, approved by San Diego County voters in 2004 and the City is estimated to receive approximately $9.614 million over the next five years to be used on local transportation related projects. Ms. Rocco outlined a list of staff proposed projects which include annual street 1045 City of Poway — Minutes — April 19, 2022 maintenance and street overlay projects. She stated that 30 percent of funding can be used for street maintenance and 70 percent of funds are to be used for projects meeting specific criteria including construction of new or expanded facilities or major rehabilitation and reconstruction of roadways. She provided project timelines and discussed budget transfers along with fiscal year roll-overs to cover projected increased costs. Public Comment: None. Mayor Vaus closed the public hearing at 8:02 p.m. Council discussion ensued: In response to Council inquiry, Ms. Rocco explained the program policy dictates what percentage of the funding can be used for maintenance projects and what percentage must be used for capacity increasing projects. Motioned by Deputy Mayor Mullin, seconded by Councilmember Leonard to 1) Adopt Resolution No. 22-018 entitled, "A Resolution of the City Council of the City of Poway, California, Adopting the TransNet Local Street Improvement Program of Projects for Fiscal Years 2022-23 through 2026-27"; 2) Amend the FY 2021-22 Capital Improvement Program Budget to reflect an increase in projected TransNet revenue of $236,000 and appropriate those funds to the following projects: a. $94,100 (Fund 2230) to the Neighborhood Sidewalks project (STR0012); b. $141,900 (Fund 2240) to the FY 2022-23 Annual Street Maintenance project (STOxx) as projected rollover funds; and 3) Transfer the following RTIP funding as follows: a. ($74,611) (Fund 2230) from the Annual Street Overlay project (ST019) b. $74,611 (Fund 2240) to the FY 2022-23 Annual Street Maintenance project (STOxx) as projected rollover funds." Motion carried unanimously. STAFF REPORTS: 11. Pre -Development Conference 22-002; a Request for Review of a Proposal to Permanently Close Stowe Drive Between Kirkham Way and Scripps Poway Parkway to the Public City Engineer Melody Rocco presented the item along with a PowerPoint presentation. She provided an overview of the site location, outlined crosswalk locations and the proposed gated access and manned security building along with the closure of the roadway to help facilitate safer pedestrian access for General Atomics employees and for ease of equipment transfers between buildings. She added General Atomics provided an Impact Summary report as a preliminary analysis of impacts from the proposal and the report indicates that Average Daily Traffic (ADT) volume is 30,000 vehicles of which approximately 40 percent are attributed to General Atomics. Ms. Rocco noted potential impacts of the proposed closure on other local businesses, bicyclists, and pedestrians. 24-hour emergency contact information and access for City staff, Fire and the Sheriff's Department were discussed. Ms. Rocco stated there are potentially two options for how a permanent closure could occur which would require relinquishing the right of way to the adjacent properties or a long-term lease. Vice President of Manufacturing with General Atomics, Stephen Eiting, provided information on the scope of work produced at the Poway location and spoke about the company's core values and business environment. He provided an overview of the facility amenities, size and 1046 City of Poway — Minutes — April 19, 2022 provided numbers of employees in their workforce. He noted anticipated benefits of the closure are enhanced security, a higher degree of safety for employees and more efficient movement of product and equipment. Public Comment: None. Council discussion ensued: Councilmember Frank voiced concerns regarding increased traffic, reduction to pedestrian and bicycle access, potential costs to the City for additional new sidewalks and bike access, potential problems with removing access to underground utilities such as the sewer main, and safety issues with limiting Fire and Law Enforcement access to areas of the business park. Deputy Mayor Mullin voiced concerns over mitigation traffic study and asked if there is a way to quantify pedestrian and bike users. He stated he wants to see outreach to and support from the other affected businesses in the area and suggested a lease with stipulations and agreements rather than to try to arrange for a vacation of an easement. He suggested including an irrevocable offer should they sell any one of the properties affected to give that property access. He inquired on a pedestrian/bike access going north -south over the sports field if it is determined that the number is quantified as significant. Ms. Rocco stated the impact summary report was very preliminary in nature and additional analysis would need to be completed. She added potential fixes to mitigate traffic concerns are not known at this time. She stated timing on signals could be analyzed and road widening was not an option. She added quantification of pedestrian and bike usage was not currently available nor was it part of the initial survey but could be assessed in the future and different options for mitigation would be considered if the number was found to be significant. Councilmember Grosch inquired on the properties which would be affected by this proposed street closure. Ms. Rocco with the use of a PowerPoint slide indicated their proximity within the closure. Pedestrian safety and crosswalk usage was discussed. Councilmember Leonard inquired on the reason a previously approved crosswalk had not yet been built; Ms. Rocco stated she believed funding was diverted to a different crosswalk in the area. He questioned if a review of the currently approved unbuilt crosswalk location was found to be better placed could ultimately avoid the need to close the street. Councilmember Leonard stated in addition to benefits to General Atomics, he would like to see benefits to the public and other businesses. Mayor Vaus stated he wants to see General Atomics succeed, pointing out the need for security in the area, and suggested they become more engaged in the community by becoming a good neighbor to Poway. City Council provided input and direction regarding the request; no action was taken. 12. Replacement of Fire Ladder Truck and Appropriation of Funds Fire Battalion Chief Brian Mitchell presented the item along with a PowerPoint presentation. He explained the funding request is for replacement of an aging aerial ladder truck which plays 1047 City of Poway — Minutes — April 19, 2022 a critical role in structural firefighting, technical rescue operations, reduction of property damage through salvage operations and the delivery of paramedic services. He discussed vehicle maintenance, staff's recommendation to waive the formal bid process to save money by avoiding the manufacturer's cost increase of 7 percent scheduled to occur May 1, 2022. He further explained staffing of the aerial ladder truck directly contributes to the Insurance Service Office (ISO) rating process, which aids in the calculation of business and homeowner fire insurance rates. Public Comment: None. Council discussion ensued: In response to Council inquiry, Mr. Mitchell stated it is not feasible to share a ladder truck with another City due to the effect on call response time and could reduce the City's ISO rating. He stated the ladder truck plays a critical role in providing roof access, jaws of life rescues and salvage operations. Mr. Mitchell stated the plan is for portions of the old ladder truck equipment to be reused on the new ladder truck prior to it being auctioned off. Motioned by Mayor Vaus, seconded by Councilmember Leonard to adopt Resolution No. 22-019 entitled, "A Resolution of the City Council of the City of Poway, California, Authorizing the City Manager to Execute a Purchase Agreement for One New Ladder Truck and an Appropriation of Funds." Motion carried unanimously. WORKSHOPS None. COUNCIL -INITIATED ITEMS: None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) Councilmember Leonard reported that Kiwanis is sponsoring a clean-up at Blue Sky and Old Coach trail on April 30th. Councilmember Frank announced that the emergency preparedness fair will be held on May 7th at Old Poway Park. Councilmember Grosch reported that the Soroptimist International of Poway will be holding their annual Hats & Heels fundraiser on April 24th, and thanked staff for the Landscape Maintenance District meeting. 1048 City of Poway — Minutes — April 19, 2022 CITY MANAGER ITEMS City Manager Chris Hazeltine reported having received a complaint from a resident earlier in the day which resulted in the removal of illegally placed election signs from within the community, he noted the complaint process works. CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session) City Attorney Fenstermacher stated, no reportable action from the April 5, 2022, Regular Meeting Closed Session. ADJOURNMENT Mayor Vaus adjourned the meeting at 8:57 p.m. nigc Carrie Gallagher, CMC City Clerk City of Poway, California 1049