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2022 07-19CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES July 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; 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 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 and spoke in memory of Cleta Spear, owner of the Hamburger Factory and wife of the deceased Phil Spear. PRESENTATIONS None. City of Poway — Minutes — July 19, 2022 PUBLIC COMMENT Terri Sorensen and Vickie Hoey, volunteers with Poway Neighborhood Emergency Corps spoke regarding having received the award of two separate grants and shared which programs will be supported with the money. Additionally, Ms. Hoey provided information on upcoming community emergency education meetings. Yuri Bohlen spoke in support of Poway holding two 41h of July firework shows. Janine Podesta, via teleconference spoke regarding LGBTQIA topics. Lori Grennan spoke regarding Poway habitat preservation. CONSENT CALENDAR Motioned by Councilmember Frank, seconded by Councilmember Grosch to approve Consent Calendar Items 1 through 3. 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 May 17, 2022 Regular City Council Meeting Minutes 3. Adoption of Resolution No. 22-050 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" ORDINANCES FOR INTRODUCTION None. ORDINANCES FOR ADOPTION None. PUBLIC HEARINGS: 4. Environmental Assessment, Tentative Tract Map (TTM) 21-003, and Development Review (DR) 21-002, a Request for a 20-Lot Single -Family Residential Subdivision and The Construction of 20 Single -Family Dwelling Units at 13667 Twin Peaks Road Mayor Vaus opened the public hearing at 7:14 p.m. Senior Planner, Austin Silva presented the item along with a PowerPoint presentation. He provided the site location, size, zoning, an overview of the surrounding area, and included 2of6 City of Poway — Minutes — July 19, 2022 historical and current uses of the land. Mr. Silva shared the applicant's proposed one and two- story design plans, architectural style and building features. The findings of a sight distance traffic study were discussed including ingress and egress, sight distance limitations and the addition of a pedestrian access to include trees with decorative streetlights. Mr. Silva explained the project includes one affordable housing unit making it eligible for a 20% density increase pursuant to state density bonus law, which mandates the City to grant the requested waivers. He noted the developer has requested five waivers and provided details of each. Concerns raised by residents at a previous Predevelopment Conference and neighborhood meeting were discussed including traffic safety, drainage issues, the effect on adjacent neighborhoods due to smaller lots with reduced setbacks and potential impacts to biological and cultural resources. It was noted the California Department of Fish and Wildlife finding that with the implementation of the mitigation measures, the impacts to biological and cultural resources will be reduced to a less than significant level. City Attorney Alan Fenstermacher stated the project is submitted as a density bonus project under California State law and explained the developer is entitled to extra density based on a formula established by state statute. He noted the developer proposes 5% of the development to include one affordable housing unit, and in turn entitling the developer to a 20% bonus which here equals four extra lots. Mr. Fenstermacher stated that under California State law, the developers are entitled to incentives, concessions and unlimited waivers from development standards and the standard for granting those waivers is whether or not without the waiver the project would be physically precluded from going forward. Applicant Jack Robson, VP, Land and Development of Cornerstone Communities introduced Cornerstone staff, Jaime Stark spoke on Architecture and John Howard spoke regarding Landscaping. Public Comment The following citizens spoke in opposition to the development: Allan Preckel, Jim Bunner, Keith Kezer, Joe St. Lucas, Carolyn Zona and Donna Kent. The following speakers spoke with a neutral stance on the development: Yuri Bohlen, Via Teleconference Fred Zuill and David Johnson. End of Public Comment. Mayor Vaus closed the public hearing at 8:00 p.m. Council discussion ensued over concerns regarding drainage impacts on Holly Oak Way, Fire Department access and evacuation. Design criteria being consistent with Poway Municipal Code, traffic capacity on Midland Road, traffic analysis and speed study were also discussed. Also discussed were waiver requests, as well as interior versus exterior access to casitas. Council's understanding from the Predevelopment conference was casitas would only be accessed from the interior, however the developer stated access would also be from the exterior. There was additional discussion regarding entering and exiting construction traffic, hours of construction and its effect on school traffic and safety were noted. Council suggested the developer create an informational website to keep residents informed. Council also stated the proposed pathway through Holly Oak Way was problematic. Density Bonus Law and questions regarding the management of the affordable housing unit. 3of6 City of Poway — Minutes — July 19, 2022 Motioned by Councilmember Frank, seconded by Councilmember Leonard to adopt Resolution No. 22-051 entitled, "A Resolution of the City Council of the City of Poway, California, Adopting A Mitigated Negative Declaration for Tentative Tract 21-003 and Development Review 21-002 Assessor Parcel Number 314-192-02" and adopt Resolution No. 22-052 entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Tract Map 21-003 And Development Review 21-002, Allowing for A 20-Lot Subdivision and The Construction Of 20 Single -Family Dwelling Units (Assessor Parcel Number 314-192-02)." Motion carried 3/2, Councilmember Grosch and Mayor Vaus voting NO. Ayes: Leonard, Frank, Mullin Noes: Grosch, Vaus Abstained: None Absent: None Disqualified: None 5. 2021 Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's Roll for Fiscal Year 2022-2023 Mayor Vaus opened the public hearing at 9:02 p.m. City Planner David De Vries presented the item. He explained the item pertains to private properties in which the City performed weed abatement and Council's action will place the costs of the weed abatement performed by the City's contractor on next year's tax roll for the effected properties. He explained the City sent out 214 notices to property owners and of those property owners, 18 elected to have the City contractor perform weed abatement on their properties. Those property owners can elect to pay the bill for the weed abatement or have the costs added to their properties tax bill. He noted of the 18 properties, 14 paid their invoices and four will have the abatement cost added to their property tax bill for next year. Public Comment: None. End of Public Comment. Mayor Vaus closed the public hearing at 9:04 p.m. In response to Council questioning, City Planner De Vries stated notifications received via the City App regarding concerns of overgrowth in Poway are forwarded to the City Code Compliance division for review and are acted on accordingly. Motioned by Mayor Vaus, seconded by Councilmember Frank to adopt Resolution No. 22-053 entitled, "A Resolution of the City Council of the City of Poway, California, approving the 2021 Weed and Nuisance Abatement charges to be collected on the county tax assessor's roll for Fiscal Year 2022-2023." Motion passed unanimously 6. Resolution Renewing the Fire Protection Special Tax to be Collected on the Property Tax Roll for Fiscal Year 2022-23 Mayor Vaus opened the public hearing at 9:06 p.m. 4of6 City of Poway — Minutes — July 19, 2022 Finance Manager Mehrnoush Jamshidi presented the item. She stated the City is required by the County Assessor to renew the City's fire protection special tax to be collected on this year's property tax roll. The special tax was approved by 84% of the voters in 1997 and it is to be used for fire protection including personnel and equipment. Public Comment: None. End of Public Comment. Mayor Vaus closed the public hearing at 9:08 p.m. In response to Council questioning, City Attorney Fenstermacher stated any change to the existing Fire Protection Special Tax would need to be approved by the voters and Finance Manager Jamshidi concurred that a yes vote by Council is not raising the tax just affirming it and moving it forward to be included on the property tax roll. Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to adopt Resolution No. 22-054 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 Roll for Fiscal Year 2022-23." Motion passed unanimously STAFF REPORTS: 7. Various Personnel Related Requests to Include Establishing a New Job Classification, Approving a CaIPERS 180-day Waiting Period Exception to Hire a Retired Annuitant, and Adopting the Salary Schedule for the Poway Firefighters' Association Pursuant to the Current Six -Year Memorandum of Understanding Director of Human Resources and Risk Management Jodene Dunphy presented the item. She stated the first request is for a new classification of Interpretive Services Coordinator in the Community Services Department. She noted staff is not asking for a new position or FTE only that a new classification be added to the City's position classification plan and non -safety salary table allowing for the Recreation Coordinator position to be reclassified to an Interpretive Services Coordinator at the same level and same pay grade. Ms. Dunphy stated the second request is to waive the 180-day waiting period established by CalPERS to re- employ, as a retired annuitant, the retiring senior accounting technician following her planned retirement in August. This is to insure there is no gap in service while the City recruits for the position and allow an opportunity for the retiring senior accounting technician to provide training in this very specialized area. Lastly, Ms. Dunphy noted the Poway Firefighters Association (PFA) is in the second year of a six -year contract with the City, as required by CalPERS, the City Council must publicly approve the salary schedule that was effective July 1, 2022, reflecting the PFA's three and a half percent salary increase. Public Comment. None. End of Public Comment. 5of6 City of Poway — Minutes — July 19, 2022 Motioned by Mayor Vaus, seconded by Councilmember Frank to 1) adopt Resolution No. 22-057 entitled, "A Resolution of The City Council of The City of Poway, California, Approving The City of Poway Position Classification Plan and The Non -Safety Salary Schedule, and 2) adopt Resolution No. 22-056 entitled, "A Resolution Of The City Council of The City of Poway, California, for A 180-Day Waiting Period Exception To Hire A Retired Annuitant Pursuant to Government Codes Sections 7522.56 and 21224; and 3) adopt Resolution No. 22- 055 entitled, "A Resolution of The City Council of The City of Poway, California, Approving The Salary Schedule for The Poway Firefighters' Association". Motion passed unanimously. WORKSHOPS None. COUNCIL -INITIATED ITEMS: None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) Councilmember Leonard announced the August 6 Kiwanis Pancake Breakfast held in benefit of Feeding San Diego, the San Diego Food Bank and Poway's local food bank, The Community Food Connection located behind Trinity Church on Twin Peaks. Councilmember Frank invited the community to participate to National Night Out on August 2 to be held in the Poway Sheriff Station parking lot. Mayor Vaus paid tribute to the Spear family and expressed his condolences on the passing of Cleta Spear. CITY MANAGER ITEMS None CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session) None. ADJOURNMENT The meeting was adjourned at 9:19 p.m. Carrie Gallagher, CIVIC City Clerk City of Poway, California 6of6