Item 2 - Approval of May 17, 2022 Regular City Council Meeting MinutesNOTE: 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
May 17, 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; Human Resources and Risk Management Director Jodene Dunphy;
Director of Public Works Eric Heidemann; 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 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 Mullin led the Pledge of Allegiance.
MOMENT OF SILENCE
Mayor Vaus led a moment of silence.
PRESENTATIONS
Mayor Vaus acknowledged Public Works Week.
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PUBLIC COMMENT
Yuri Bohlen spoke regarding vehicular speeding and traffic safety on Metate Road and side
streets; he requested extra law enforcement patrol.
CONSENT CALENDAR
Motioned by Deputy Mayor Mullin, seconded by Councilmember Frank to approve Consent
Calendar Items 1 through 9. Motion carried 5/0 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Leonard, Frank, Grosch, Mullin, 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 April 5, 2022 Regular City Council Meeting Minutes
3. Adoption of Resolution No. 22-021 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 2020-21
Yuri Bohlen spoke regarding item #4 requesting an explanation on homeless prevention and rapid
rehousing expenditures.
Development Services Director Bob Manis stated various programs for the homeless are
allocated yearly through CDBG funding.
5. Award of Contract to Harbor Coating & Restoration for City Facilities Painting 2021-22; Bid
No. 22-009
6. Award of Contract to GQ Builders, Inc. for City Facilities General Maintenance and Repair -
Wood 2021-22; Bid No. 22-010
7. Adoption of Resolution No. 22-022 entitled, "A Resolution of the City Council of the City of
Poway, California, Approving an Adjustment to EDCO Waste and Recycling Services' Rate
Schedule and Rescinding Resolution No. 21-028"
8. Award of Contract to Hazard Construction ENGR, LLC. for the 2021-2022 Street Overlay
Project; Bid No. 22-011
9. Acceptance of Public Improvements and Release of Project Securities for the Kirkham Way
Mid-block Pedestrian Traffic Signal, STl20-003
ORDINANCES FOR INTRODUCTION
None.
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ORDINANCES FOR ADOPTION
None.
PUBLIC HEARINGS:
10. Appeal (APL) 22-001 -An Appeal of the Approval for Minor Development Review Application
21-023, a Single-Family Residence to be used as a Residential Care Facility (Sharp
Mountainview Hospice), located at 16752 Espola Road
Mayor Vaus opened the Public Hearing at 7:07 p.m.
Senior Planner Austin Silva presented the report along with a PowerPoint presentation. He
provided the site plan (including driveway access), size of the property, location, surrounding
land uses and zoning. He stated the home would be used as a hospice facility which would
be operated by Sharp HealthCare. Mr. Silva added the hospice facility is considered a
residential care facility defined by the State of California as facilities with six or fewer residents
and is a permitted use in the RR-C zone, which must be treated the same as traditional single-
family homes regarding development standards and their review process. Mr. Silva described
the building materials and stated the building was designed to be architecturally compatible
with the surrounding residential development and noted, although not required, 23 parking
spaces are included in the design.
Mr. Silva stated reasons cited for the appeal included: 1) the approval letter does not comply
with the Poway Municipal Code (PMC) regarding the development review procedure; however
there is no requirement to review in detail the scope of the review and the design was found
to be in compliance with the PMC and the approval letter was consistent with past approval
letters for Minor Development Review Applications (MDRAs) for single family homes; 2)
inadequate notice provided to Green Valley residents to allow for input; however, there is no
requirement in the PMC to provide nearby property owners notice regarding an MORA
application submittal for new single family residences. Regardless, courtesy notices were
mailed out to adjacent property owners notifying them of the pending approval of an MORA
and the property owners rights to appeal, adjacent property owners were mailed notices for
this project; 3) hospice facility is not complementary to and in harmony with the neighborhood,
citing an increase in volume and nature of traffic; however, a traffic study was not required for
this project. Regardless, the applicant voluntarily provided the traffic study which determined
the hospice facility would generate eight more vehicle trips per day than a traditional single-
family home. Property access, driveway placement, parking, the transfer of patients and effect
on property values were additional concerns raised by the appellant.
City Attorney Alan Fenstermacher outlined the legal constraints on the City, including state
law which as a general matter preempts local land use and zoning control over residential
care facilities as long as there are six beds or less. Mr. Fenstermacher explained the City
Council must consider these types of uses to be the same as single family homes and cannot
place any more requirements on the use that would not be required for a single-family home,
including studies that would not be required for single family home. Mr. Fenstermacher
provided many different examples of residential care facilities in which Health and Safety Code
section 1250 specifically states, where the facilities are six beds or less, they must be
considered a residential use, including facilities that provide medical supervision, 24-hour
skilled nursing and supportive care, along with services for persons who have diagnosis of
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terminal illness. Persons with terminal illness such as those that will be served by a hospice
facility are considered to be disabled and are a protected class under state and federal law.
Mr. Fenstermacher also explained constraints on the City Council's ability to deny approval of
the project from federal and state anti-discrimination law, including the Fair Housing Act, and
the Federal Americans with Disability Act or the ADA. He noted examination of case law where
a city has attempted to deny either a six bed or less facility or facility housing, within those
protected classes, you would find many examples of cities losing. Finally, he stated if the
Council finds this project complies with all regulations that would apply to any other single-
family home as far as the physical structure goes, this project needs to be approved.
Clark Libenson and Matt Jubenville presented on behalf of the appellants with the use of a
PowerPoint. They reiterated the reasons for the appeal as cited in Mr. Silva's report and as
previously provided in their material submitted to the City Council and included along with the
agenda as additional material.
Suzi Johnson, VP of Advanced Illness, Palliative and Hospice, Sharp HospiceCare; Shannon
Sarmiento, Associate Project Manager, Sharp HealthCare; and, Jeffrey Forrest, Counsel,
Sheppard Mullin spoke on behalf of the applicants.
Public Comment:
Spoke in opposition to the Appeal of the Approval for Minor Development Review Application
21-023:
Joe Bellezo, Carol Lazier, Dee Ammon, Sherri Summers, Colleen Murphy, and Jane Kennedy
Spoke in support of the Appeal of the Approval for Minor Development Review Application
21-023:
Barbara Neilsen, Ella Fox. Edward Michell, Darwin Wisdom, Charles Lee, Debbie Knuth, and
Stanley Ginsberg (via teleconference).
Yuri Bohlen spoke regarding public noticing and whether Prop FF should be applied.
End of Public Comment.
Council discussion ensued on landscape, driveway access, pedestrian and horse trail safety,
parking, traffic mitigation, noticing efforts, and Health and Safety laws.
Council discussed imposing a condition on the applicant to extend the horse trail on the east
side of Valle Verde Road to be completed expeditiously.
Mayor Vaus closed the Public Hearing at 8:30 p.m.
Motioned by Councilmember Leonard, seconded by Deputy Mayor Mullin to adopt
Resolution No. 22-023 entitled, "A Resolution of the City Council of the City of Poway,
California, Denying an Appeal (APL) 22-001 of Minor Development Review Application
(MDRA) 21-023 Assessor's Parcel Number 275-032-04" as amended to impose a
condition on the applicant to: extend the horse trail on the east side of Valle Verde
Road in an expeditious manner. Motion carried unanimously.
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Mayor Vaus recessed the meeting at 9: 10 pm and reconvened at 9: 16 pm.
11. Resolution Adopting a List of Projects for Fiscal Year 2022-23 Funded by Senate Bill 1: The
Road Repair and Accountability Act of 2017
Mayor Vaus opened the Public Hearing at 9: 15 p.m.
City Engineer Melody Rocco presented the item including a brief overview of the Road Repair
and Accountability Act stating the City of Poway is projected to receive $1,115,480 in road
maintenance and rehabilitation account funds in the next fiscal year. Prior to receiving an
apportionment of the annual subject funds, the Senate Bill requires agencies to provide a list
of projects proposed to be funded to the California Transportation Commission. The
Resolution identifies the Fiscal Year 2022/23 Street Maintenance Project as the project
proposed to be funded with the road maintenance and rehabilitation account funds.
Public Comment:
None.
Mayor Vaus closed the Public Hearing at 9: 17 p.m.
Council discussion ensued
Motioned by Mayor Vaus, seconded by Councilmember Frank to adopt Resolution No.
22-024 entitled, "A Resolution of the City Council of the City of Poway, California,
Adopting a List of Projects for Fiscal Year 2022-23 Funded by Senate Bill 1: The Road
Repair and Accountability Act of 2017." Motion carried unanimously.
STAFF REPORTS:
12. Award of Agreement with NMS Management, Inc. for Janitorial Services; RFP No. 22-020
Management Analyst Kelsey Stone presented the item. Ms. Stone provided the proposed
agreement terms, annual cost for service, she explained the new performance based monthly
invoicing in addition to providing an overview of the daily cleaning and janitorial services
required at 30 City facilities and parks restrooms. She stated two separate agreements are in
place for the proposed services and noted facing numerous challenges with both including
missed and inadequate cleanings as well as lack of communication. Ms. Stone detailed the
request for proposals process with the goal being increased efficiencies related to city staff
time and oversight of the services.
Public Comment:
None.
At the request of Council, Management Analyst Kelsey Stone explained, although NMS
Management, Inc was not the lowest bidder they were chosen as the best value.
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Motioned by Mayor Vaus, seconded by Councilmember Grosch to award the agreement
for janitorial services to NMS Management, Inc. and authorize the City Manager to
execute any necessary documents. Motion carried unanimously.
WORKSHOPS
None.
COUNCIL-INITIATED ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C.
53232(d))
Councilmember Leonard reported on having attended a get together recognizing Kiwanis
President Sharon Gruber, longtime community volunteer.
Deputy Mayor Mullin announced having attended First Aid and CPR training presented by Poway
Neighborhood Emergency Corps (PNEC) and encouraged the public to consider taking the
training.
Mayor Vaus spoke regarding a County of San Diego ballot initiative by which the proponents are
seeking a half cent sales tax increase said to improve the roads and is intended to be given to
SANDAG who has no intention of expanding roadways but rather contracting the roads by
converting free lanes into toll lanes; noting plans within the SANDAG Regional Plan for a proposed
Vehicle Mileage Travel charge (VMT) adding the half cent sales tax is the first of three tax
increases needed by SANDAG to implement the Regional Plan.
CITY MANAGER ITEMS
None.
CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session)
City Attorney Fenstermacher stated, no reportable action from the May 3, 2022, Regular Meeting
Closed Session.
ADJOURNMENT
The meeting was adjourned at 9:26 p.m.
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Carrie Gallagher, CMC
City Clerk
City of Poway, California
July 19, 2022, Item #2