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2023 09-19CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES September 19, 2023 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: Brian Pepin, Peter De Hoff, Anita Edmondson, Caylin Frank, Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Bob Manis; Director of Finance Judy Tran; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham. (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 Frank led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus recognized the passing of Los Angeles County Sheriff's Deputy Ryan Clinkunbroomer who was fatally wounded after being ambushed in his patrol car. PRESENTATIONS None. 1 of 6 City of Poway — Minutes — September 19, 2023 PUBLIC COMMENT Jeff Schmidt, speaking on behalf of Preserve Wild Poway, discussed the Poway Subarea Habitat Conservation Plan and voiced concerns over local endangered species. Lori Grennan, speaking on behalf of Preserve Wild Poway, discussed endangered mixed chaparral habitats and voiced concerns over maintaining open spaces in Poway. Ray Jalisi spoke on the City of Poway's Code of Ethics, communication with City staff, and resident rights. Joe St. Lucas spoke regarding the Poway Road Specific Plan, new development construction proximity to Poway Road, and voiced support for consideration of onsite parking for future developments. Manuel Martinez voiced concern regarding recent traffic incidents on Robison Boulevard and requested speed mitigation measures for the area. John Barton spoke regarding alternative traffic calming solutions for Midland Road and Edgemoor St. CONSENT CALENDAR Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to approve Consent Calendar Items 1 through 4. Motion carried 5/0 by the following roll -call vote: Ayes: Pepin, De Hoff, Edmondson, Frank, 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 August 15, 2023 Regular City Council Meeting Minutes 3. Acceptance of the Espola Road Safety Improvements — Phase 2 Project; Bid No. 21-021, with Tri-Group Construction and Development, Inc. as Complete 4. Authorization to Purchase Network Firewalls Utilizing NASPO Cooperative Purchasing Program Contract #7-20-70-47-01 ORDINANCES FOR INTRODUCTION 5. Introduction of an Ordinance Amending Chapter 2.28 to Title 2 of the Poway Municipal Code Relating to Electronic Filing of Fair Political Practices Commission (FPPC) Statements of Economic Interest, Form 700; and Campaign Disclosure Statements 2of6 City of Poway — Minutes — September 19, 2023 City Clerk Carrie Gallagher presented the item. Ms. Gallagher provided a brief overview of filing requirements under the Political Reform Act. The proposed ordinance is a requirement in order for the City of Poway to accept electronic filings of FPPC Form 700 "Statement of Economic Interest" and campaign disclosure forms. Currently, the City can only accept paper filings. Ms. Gallagher discussed Assembly Bill (AB) 2452, which allows local government agencies to require online or electronic filing for any person who is required to file statements, reports, or other documents. The new electronic filing system, she continued, will allow filers to file their Campaign Disclosure or Form 700s with the City of Poway providing ease -of -use for filers, saving staff time and resources, and increasing transparency and online access to statements. In order to implement the provisions of AB 2452, the City must adopt an Ordinance permitting the use of an online filing system as an option for filing and designating the filings received electronically by the City Clerk's Office as the filings of record for the City. The system must operate securely and effectively, be of no cost to filers, be available for the public to view filings, and not place an unduly burden on filers. Ms. Gallagher noted that if approved, electronic filing will be mandatory beginning January 1, 2024. Public Comment: None. End of Public Comment. As requested by the Mayor, City Clerk Gallagher titled the Ordinance. Ayes: De Hoff, Edmondson, Pepin, Frank, Vaus Noes: None Abstained: None Absent: None Disqualified: None Motioned by Mayor Vaus, seconded by Councilmember Pepin to introduce Ordinance No. 862 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 2.28 to Title 2 of the Poway Municipal Code Relating to Electronic and Paperless Filing of Fair Political Practices Commission (FPPC) Campaign and Statement of Economic Interest Disclosure Information" waive further reading, and schedule the adoption of the Ordinance for the October 3, 2023 Regular City Council meeting. Motion carried unanimously. PUBLIC HEARINGS: 6. Conditional Use Permit (CUP) 23-0004, a request to amend CUP 94-001 to allow the modification of an existing carwash/lube and tune complex located at 14713 Pomerado Road in the Twin Peaks Plaza and finding that no further CEQA review is necessary Mayor Vaus opened the Public Hearing at 7:25 p.m. 3of6 City of Poway — Minutes — September 19, 2023 Senior Planner Hector Salgado presented the item along with a PowerPoint presentation. Using an aerial image, he provided the subject location, current property site plan with the existing carwash and lube and tune facility and spoke regarding zoning requirements. He noted the modification includes demolition of the existing 2,005 square foot lube-and-tune facility to install 16 new vacuum stalls, with no changes proposed to the existing carwash building. Mr. Salgado then provided the proposed site plan including proposed location of the new pay station vacuum stalls, color, size, and facility hours of operation. Images of similar vacuum models of the applicant's Rancho Penasquitos location were displayed. He noted a noise study had been prepared by Rincon Consultants, Inc., concluding any new noise generated would come from the motors which would be housed inside of the existing building and was found to not exceed commercial noise standards outlined in the Poway Municipal Code. Public Comment: No speakers. End of Public Comment. Mayor Vaus closed the Public Hearing at 7:29 p.m. Council discussion ensued with positive comments regarding the noise study outcome. In response to questions from Council, the applicant, David Younan of Genie Car Wash, confirmed the business' hours of operation. Mr. Salgado confirmed the City did community outreach and public noticing for the project, and as a result, had not received any responses. Motioned by Mayor Vaus, seconded by Councilmember Pepin to adopt Resolution No. 23-048 "Approving Conditional Use Permit 23-0004; a Modification of Conditional Use Permit 94-001 to Demolish an Existing Lube and Tune Facility and Install 16 Vacuum Stalls at an Existing Carwash Located at 14713 Pomerado Road; Assessor Parcel Number: 314-710-33." Motion carried unanimously. STAFF REPORTS: 7. Award of Contract to Gateway Pacific Contractors, Inc.; Approval of Agreement to United Guard Services, Inc., for Security Services, for the Lester J. Berglund Water Treatment Plant Clearwell Replacement Project; Bid No. 23-009 and the Appropriation of Water Revenue Bonds, Series 2023A Proceeds Principal Civil Engineer Shadi Sami presented the item along with a PowerPoint presentation. She provided background on the program, which consists of the Clearwell Bypass, Clearwell Replacement, and the Treated Water Facilities Projects. The Bypass Project, which has been completed, has facilitated the Clearwell Replacement, with the Treated Water Facilities project in design stages. She explained the Clearwell Replacement Project replaces the existing 10- million-gallon water storage reservoir with two 4-million-gallon prestressed concrete dual tanks providing redundancy and operational flexibility, allowing one tank to be taken offline for future maintenance and repairs, while the other provides continuous service. The project also includes site grading, retaining walls, biofiltration bases, storm drainpipe relocations, new inlet/outlet and overflow piping vaults and other appurtenances. 4of6 City of Poway — Minutes — September 19, 2023 Ms. Sami explained bids were received from three contractors, Gateway Pacific Contractors, Inc., was the apparent low bidder with a bid amount of $31,646,023. Ms. Sami explained to ensure security and safety at the facility and the construction site, the services of a qualified security service contractor are required. The city requested quotes from qualified security services contractors to provide uniform services to the entry gate. Quotes were received from three services and based on qualifications and experience; staff determined United Guard Services provides the best value with an estimated total contract amount of $148,200. On August 15 2023 the City Council and Public Financing Authority Board of Directors authorized the issuance of Water Revenue Bonds Series 2023A to provide funding for the construction of the Clearwell Replacement Project and for planning and design costs for the Treated Water Facilities Projects. In order to spend the funds, staff requests appropriation of the bond proceeds. Public Comment: None. End of Public Comment. Council Discussion ensued. Council responded positively to the Project, noting the outcome of the Project would be a more reliable water system and overall reduction in facility maintenance. Council discussed the durability of the prestress concrete cover and the long- term cost savings of the Project. Motioned by Councilmember De Hoff, seconded by Mayor Vaus to 1) award a contract for the Lester J. Berglund Water Treatment Plant Clearwell Replacement Project to Gateway Pacific Contractors, Inc., the lowest responsible bidder, in the amount of $31,646,023; 2) approve the security service agreement with United Guard Services, Inc., determined the best value, in the estimated total amount of $148,200; 3) appropriate Water Revenue Bonds, Series 2023A proceeds in the amount of $37.6 million to the Clearwell Replacement Project (WTR0027); 4) appropriate Water Revenue Bonds, Series 2023A proceeds in the amount of $500,000 to the Treated Water Facilities Projects (WTR0028 and WT040); and 5) authorize the City Manager to execute the necessary documents. Motion carried unanimously. WORKSHOPS None. COUNCIL -INITIATED ITEMS None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) Councilmember Edmondson thanked the Public Works and the Fire Departments, as well as the Sheriff's Department, for their work in preparing for Hurricane Hilary. She noted their coordination 5of6 City of Poway — Minutes — September 19, 2023 efforts and pointed out the readiness by distributing over 13,000 sandbags. Ms. Edmondson gave special thanks to Community Outreach Coordinator Rene Carmichael for her efforts in disseminating safety information across multiple platforms in preparation of a local emergency. Mayor Vaus recognized the September 11, 2023, Bill McKibbin Memorial Golf Tournament (renamed in honor of Poway resident Bill McKibbin), previously the Poway Veterans Organization Annual Golf Tournament. Mayor Vaus encouraged residents to attend the upcoming Poway Rodeo and noted an opportunity to purchase a special 50th Anniversary belt buckle. CITY MANAGER ITEMS None. CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session) None. CLOSED SESSION None. ADJOURNMENT The meeting was adjourned at 7:46 p.m. Carrie Gallagher, CMC City Clerk City of Poway, California 6of6