2019 01-15CITY OF POWAY
CITY COUNCIL REGULAR MEETING I MINUTES
January 15, 2019
City Council Chambers
13325 Civic Center Drive, Poway, California
(Per Government Code 54953)
(Meeting Called to Order as City CoundUCity 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 Mullin, Leonard, Frank, Grosch, Vaus
STAFF MEMBERS PRESENT
City Manager Tina White; Assistant City Manager Wendy Kaserman; City Attorney Alan
Fenstermacher; Interim City Clerk A. Kay Vinson; Community Services Director Brenda Sylvia;
Development Services Director Bob Manis; Finance Director Donna Goldsmith; Human 1
Resources/Risk Management Director Jodene Dunphy; Director of Public Works Michael
Obermiller; Fire Chief Mark Sanchez; Captain Jeff Duckworth, Sheriffs 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 Grosch led the pledge of allegiance.
PRESENTATION
Mayor Vaus presented Deputy Ryan Christy with a plaque in recognition of being selected as
Poway Sheriffs Station Deputy of the Quarter.
PUBLIC ORAL COMMUNICATIONS
Poway High School Theatre students Allie Furlong, Brayden Handwerger and Sam Crowell invited
Council to attend their upcoming play titled "Singin' in the Rain."
1. CONSENT CALENDAR (Approved By Roll Call Vote) 1
Motioned by Councilmember Leonard, seconded by Councilmember Mullin, to approve
Consent Calendar Items 1.1 through 1.8. Motion carried by the following roll -call vote:
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City of Poway — Minutes — January 15, 2019
Ayes: Mullin, Leonard, Frank, Grosch, Vaus
t Noes: None
Absent: None
1.1 Approval of Reading by Title only and Waiver of Reading in full of Ordinances on Agenda
1.2 Ratification of Warrant Registers for the Periods of November 26 through November 30,
2018; December 3 through December 7, 2018; December 10 through December 14, 2018;
and December 17 through December 21, 2018
1.3 Approval of the December 4, 2018 and December 18, 2018 Regular City Council Meeting
Minutes
1.4 Master Communications Site Encroachment Agreement with New Cingular Wireless PCS,
LLC for Installation of Wireless Telecommunications Facilities within Public Right -of -Way
1.5 Acceptance of the 2018-2019 Street Maintenance Project, Bid No. 18-002; American
Asphalt South, Inc.
1.6 Acceptance of the 2018-2019 Citywide Striping Project, Bid No. 18-021; Statewide Stripes,
Inc.
1.7 Adoption of Resolution No. 19-001 entitled "A Resolution of the City Council of the City of
Poway, California, Authorizing the Submittal of an Application to the County of San Diego,
' Office of Emergency Services, For Funds Through the 2018 State Homeland Security
Program Grant."
1.8 Second Reading and Adoption of Ordinance No. 823 entitled "An Ordinance of the City of
Poway, California, Pursuant to Section 16.16.110 of the Poway Municipal Code Concerning
Relinquishment of Open Space (APN 278-280-24)," .03 acres located near Oak Canyon
Road.
2. ORDINANCE
2.1 First Reading of an Ordinance entitled, "An Ordinance of the City of Poway, California,
Amending Chapter 1.16 of the Poway Municipal Code Establishing Regulations for Custody
and Use of the City Seal and City Insignia."
City Manager Tina White presented the report and stated that the Ordinance sets
regulations governing the use of the City seal and other insignia as a preventative measure
to address potential fraud, deception, and misuse of the City's official seal.
No speakers.
As requested by the Mayor, Interim City Clerk Vinson titled the Ordinance.
Motioned by Mayor Vaus, seconded by Deputy Mayor Grosch to introduce Ordinance
No. 824 entitled "An Ordinance of the City of Poway, California, Amending Chapter
1 1.16 of the Poway Municipal Code Establishing Regulations for Custody and Use of
the City Seal and City Insignia." Motion carried unanimously by the following roll -
call vote:
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City of Poway — Minutes — January 15, 2019
Ayes: Mullin, Leonard, Frank, Grosch, Vaus
Noes: None '
Absent: None
3. PUBLIC HEARING
3.1 Resolutions confirming and authorizing recovery of costs incurred to abate public nuisances
at 16943 Valle Verde Road and 12805 Beeler Creek Trail
City Attorney Alan Fenstermacher presented the report and stated that the City Council
declared conditions at both 16943 Valle Verde Road and 12805 Beeler Creek Trail public
nuisances at a public hearing held on April 3, 2018. Mr. Fenstermacher stated that, after
allowing the property owners additional time to voluntarily comply with the Poway Municipal
Code, the City secured an inspection and abatement warrant and utilized a third -party
contractor to abate the nuisances granted by said warrants. The City is seeking to recover
the costs from the property owners, including placing the amounts owed on the property tax
rolls, if the costs go unpaid. Additionally, the City received an email from the property owner
residing at 12805 Beeler Creek Trail requesting the item be considered at a later date.
No speakers.
Motioned by Councilmember Frank, seconded by Deputy Mayor Grosch to close the
public hearing. Motion carried unanimously.
Council discussion ensued regarding length of time given for voluntary corrective actions to ,
be taken, sufficient notice to property owners, and lack of response from property owners.
Motioned by Councilmember Leonard, seconded by Deputy Mayor Grosch to adopt
Resolution No. 19-002 entitled "A Resolution of the City Council of the City of Poway,
California, Confirming Abatement Costs and Authorizing Recovery (APN 273-171-05-
00)" for 16943 Valle Verde Road, Poway in the amount of $5,269.58. Motion carried
unanimously.
Motioned by Councilmember Leonard, seconded by Deputy Mayor Grosch to adopt
Resolution No. 19-003 entitled "A Resolution of the City Council of the City of Poway,
California, Confirming Abatement Costs and Authorizing Recovery (APN 316-070-34-
00)" for 12805 Beeler Creek Trail, Poway in the amount of $4,499.37. Motion carried
unanimously.
3.2 Adoption of an Ordinance amending Title 13 of the Poway Municipal Code (PMC)
establishing Street Lighting Regulations; Zoning Ordinance Amendment (ZOA) 18-004
City Planner David De Vries presented the report and stated that the proposed Ordinance
will provide standards for street lighting to convert existing low-pressure sodium (LPS) street
and safety lights to light emitting diode (LED) fixtures. Mr. De Vries stated that the
Ordinance will restrict color temperatures to comply with dark sky policies and consistent
with LED exterior lighting standards for commercial and residential areas adopted by the
City Council in February 2016. Additionally, the City received one email with concerns
regarding light pollution and the CEQA exemption, and staff revised the exemption to state 1
"the replacement of LPS street light fixtures will be at a similar corrected color temperature
(CCT)."
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City of Poway — Minutes — January 15, 2019
Dee Fleischman spoke regarding the brightness of the light fixtures on Midland Road and
1 Old Poway Park.
Peter DeHoff spoke regarding the use and effects from light emitting diode (LED) blue light.
Motioned by Deputy Mayor Grosch, seconded by Councilmember Frank to close the
public hearing. Motion carried unanimously.
Council discussion followed in support of the ordinance.
In response to Council inquiry, Director of Development Services Bob Manis clarified that
the ordinance does not exclude the use of shields on the light fixtures and restricts the lights'
color temperature.
As requested by the Mayor, Interim City Clerk Vinson titled the Ordinance.
Motioned by Councilmember Mullin, seconded by Councilmember Leonard to
introduce Ordinance No. 825 entitled "An Ordinance of the City of Poway, California,
Amending Title 13 of the Poway Municipal Code Establishing Regulations for Street
Lighting (Zoning Ordinance Amendment 18-004)." Motion carried unanimously by
the following roll -call vote:
Ayes: Mullin, Leonard, Frank, Grosch, Vaus
Noes: None
' Absent: None
4. STAFF REPORT
4.1 Appropriation of Funds for LED Street and Safety Lighting Conversion Project
Senior Civil Engineer Melody Rocco presented the report and stated that as a result of the
pilot program and input from staff, City Council and residents, the City plans to convert
approximately 3,300 low-pressure sodium (LPS) lights to light emitting diodes (LED)
beginning in Spring 2019. Ms. Rocco stated installation will be phased beginning in the
business park, followed by main arterials and residential areas. Due to the complexity of
lighting fixtures, Old Poway Park and Civic Center Drive will be completed as a separate
project.
Dee Fleischman spoke in support of the project and proposed placing two shields on a
fixture near her property to lessen the brightness.
Council discussion ensued in support of the project.
Motioned by Councilmember Frank, seconded by Councilmember Mullin to
appropriate $1,727,938.00 from the Lighting Assessment District fund (2790) for the
LED Street and Safety Lighting Conversion Project (LED Project). Motion carried
unanimously.
4.2 Adoption of a Resolution to Amend the Charter for the Budget Review Committee
City Manager Tina White presented the report and stated the Charter for the Budget Review
Committee is being revised to align with the City's Financial Policy and refine its duties to
exclude policy discussions and policy recommendations to Council. Additionally, conduct
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City of Poway — Minutes — January 15, 2019
and training requirements are being amended to comply with State law. If approved, the
City Clerk's Office will accept applications from January 16, 2019 through February 15, 2019 1
for Council appointments at the March 5, 2019 City Council meeting.
No speakers.
Council discussion was in support of the proposed charter amendment.
Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution
No. 19-004 entitled "A Resolution of the City Council of the City of Poway, California,
Amending and Adopting the Charter for the Budget Review Committee." Motion
carried unanimously.
4.3 Adoption of a Resolution to Amend the Charter for the Parks and Recreation Advisory
Committee
Director of Community Services Brenda Sylvia presented the report and stated that the
Charter for the Parks and Recreation Advisory Committee is being revised to have the
committee serve on an as -needed basis for special projects and assignments as directed
by the City Council. Additionally, revisions to the purpose and duties, as well as the term of
appointment are also being amended. If approved, the City Clerk's Office will accept
applications from January 16, 2019 through February 15, 2019 for Council appointments at
the March 5, 2019 City Council meeting.
No speakers.
Council discussed the charter amendment. 1
Motioned by Councilmember Leonard, seconded by Councilmember Mullin to adopt
Resolution No. 19-005 entitled "A Resolution of the City Council of the City of Poway,
California, Rescinding Resolution No. 13-005, And Adopting a Revised Charter for the
Parks and Recreation Advisory Committee." Motion carried unanimously.
None.
6. MAYOR AND CITY COUNCIL -INITIATED ITEMS
The Mayor and Council made announcements and reported on various events taking place in the
City. No action was taken.
COUNCILMEMBER COMMITTEE REPORTS - Pursuant to AB1234 — G.C. §53232.3(d)
Deputy Mayor Grosch gave an update on the recent meeting of the Regional Solid Waste
Association (RSWA) and the Hazardous Waste Program provided through RSWA.
Mayor Vaus reported on the recent SANDAG Board meeting and stated that a Regional Housing
Needs Assessment (RHNA) Subcommittee was developed to assist the Board on allocating
housing units to each jurisdiction that complies with State law. Additionally, he will serve as Chair ,
to a Subcommittee focused on improving transit access to the San Diego International Airport.
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City of Poway — Minutes — January 15, 2019
7. CITY MANAGER ITEMS
City Manager Tina White stated that the City Clerk's Office will be accepting electronic signatures
on committee applications.
8. CITY ATTORNEY ITEMS
CLOSED SESSION:
8.1 Conference with Legal Counsel — Initiation of Litigation pursuant to Government Code
§54956.9: Three Potential Cases
At the request of City Attorney Alan Fenstermacher, Mayor Vaus adjourned the meeting into
Closed Session at 8:12 p.m. with all Councilmembers present.
City Council came out of Closed Session at 8:49 p.m. and City Attorney Fenstermacher
announced that the City Council authorized the City Attorney to initiate litigation in one case by a
5-0 vote.
ADJOURNMENT
The meeting adjourned at 8:49 p.m.
A. Kay Vin oh
Interim City Clerk
City of Powa, California
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