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2019 02-05CITY OF POWAY ' CITY COUNCIL REGULAR MEETING MINUTES February 5, 2019 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City CouncilrCity or Poway Planning CommissionrPoway 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 Resources/Risk Management Director Jodene Dunphy; Director of Public Works Michael 1 Obermiller; Deputy Fire Chief Jon Canavan; 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 a plaque recognizing Fire Captain Paramedic Aaron Miranda as Emergency Medical Services 2018 Educator of the Year. PUBLIC ORAL COMMUNICATIONS Joel Bocanegra thanked the City Council and staff for assistance with the Espola Road project and asked for an update. Chris Olps thanked Safety Services, and he pointed out there had been no discussion about the possibility of the proposed water and sewer rate increases failing. Janet Lettang encouraged participation with Poway Unified School District Local Control Accountability Plan. 0617 City of Poway — Minutes — February 5, 2019 Kevin McNamara shared a letter from the Villa de Vida project thanking staff for supporting and expediting the development. 1. CONSENT CALENDAR Peter DeHoff spoke on Consent Calendar item 1.8, addressing his concerns with Ordinance No. 825, establishing regulations for street lighting. Motioned by Councilmember Frank, seconded by Deputy Mayor Grosch to approve Consent Calendar Items 1.1 through 1.9. Motion carried by the following roll -call vote: Ayes: Mullin, Leonard, Frank, Grosch, Vaus 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 December 24, 2018 through December 28, 2018; December 31, 2018 through January 4, 2019, and January 7, 2019 through January 11, 2019 1.3 Approval of the January 8, 2019 Special City Council Meeting Minutes 1.4 Award of Contract to Willdan Financial Services for Special Districts and Fire Protection Special Tax, RFP 19-009 1.5 Award of Contract to Kissinger & Herring, Inc. for Trucking and Operator Services, RFP 19- 008 1.6 Adoption of Resolution No. 19-008 for Approval of Contract with City of San Diego for Fire/EMS Dispatch Services 1.7 Second Reading and Adoption of Ordinance No. 824 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" 1.8 Second Reading and Adoption of 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)" 1.9 Acceptance of the Water Distribution System/Treatment Plant Rehabilitation and PS1 Electrical System Upgrade Project; Bid No. 17-019 NEWest Construction Co., Inc. 2. ORDINANCE - None 3. PUBLIC HEARING 3.1 Resolution Declaring that the Property at 13990 Humo Drive Constitutes a "Public Nuisance" and Ordering the Property Owners to Abate the Violation Bob Manis, Development Services Director, presented the report and showed slides of the property. 0618 City of Poway — Minutes — February 5, 2019 Joe Castle, property owner, provided a letter and requested more time to clean up the property due to the saturated ground. Motioned by Councilmember Leonard, seconded by Deputy Mayor Grosch to close the public hearing. Motion carried unanimously. Council discussed the visibility and amount of items, impending sale of neighboring property, and duration of non-compliance. Motioned by Mayor Vaus, seconded by Deputy Mayor Grosch to adopt Resolution No. P-19-01 entitled "A Resolution of the City Council of the City of Poway, California, Finding and Declaring Conditions Present at 13990 Humo Drive, Poway, California to be a Public Nuisance and Ordering the Abatement Thereof." Motion carried unanimously. 3.2 Resolution Declaring that the Property at 13746 Frame Road Constitutes a "Public Nuisance" and Ordering the Property Owner to Abate the Violation Bob Manis, Development Services Director, gave the staff report and showed slides of the property. Brandon Lee indicated the property owner is in the process of cleaning up the property and additional time is needed. Motioned by Deputy Mayor Grosch, seconded by Councilmember Leonard to close the public hearing. Motion carried unanimously. Council discussed the frontage location of the materials, lack of response to the City's requests for compliance, and concerns for the neighbors. Motioned by Mayor Vaus and second by Deputy Mayor Grosch to adopt Resolution No. P-19-02 entitled "A Resolution of the City Council of the City of Poway, California, Finding and Declaring Conditions Present at 13746 Frame Road, Poway, California to be a Public Nuisance and Ordering the Abatement Thereof." Motion carried unanimously. 3.3 Conditional Use Permit 18-017: A Proposal to Operate an Athletic Gym Providing Instruction in Gymnastics, Tumbling and Competition Cheer at 12115 Paine Street Austin Silva, Senior Planner, provided a sideshow presentation of the project. Applicant Stephen Rosko stated the 11 -year old business would like to move nearby to a better facility. Motioned by Councilmember Leonard and seconded by Councilmember Frank to close the public hearing. Motion carried unanimously. Mayor Vaus thanked the business for relocating in Poway. Motioned by Mayor Vaus and seconded by Councilmember Leonard to adopt Resolution No. P-19-03 entitled "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 18-017 APN: 317-271-46 & 317-271-67." Motion carried unanimously. 0619 City of Poway — Minutes — February 5, 2019 4. STAFF REPORT 4.1 Pre -Development Conference (PDC) 18-002, request for review of a proposal to construct a wireless communication facility on City -owned property located at 13875 Kirkham Way Austin Silva, Senior Planner, gave a sideshow presentation, saying the item is advisory only. T- Mobile/Phoenix Tower International is proposing to construct either an 89.8 -foot high faux Eucalyptus tree, an 84.8 -foot high steel monopole or an 84.8 -foot high, three- legged, lattice tower along with at -grade radio equipment within two decorative block enclosures. Chris Olps opposed the height of the structure. Council talked about the height of the proposed facility, potential revenue, light industrialloutdoor storage land use designation, and location. Council also asked staff about the process to amend the Specific Plan for the Business Park and staff confirmed that the Specific Plan could be amended to allow cell towers that exceed the height limit, subject to a Conditional Use Permit, which would still give Council discretionary review. Council expressed that changes to technology warranted a review of City policies and regulations regarding cellular facilities. 4.2 Amendment to the City's Financial Policy Donna Goldsmith, Finance Director, reviewed the agenda report and answered Council questions. Ms. Goldsmith stated minor changes have been made to the Financial Policy since it was originally adopted in 2006. Following recent review, staff is recommending revisions to reflect current practices and to make the policy consistent with the City Council adopted General Fund Reserve Policy. No speakers. Motioned by Mayor Vaus and seconded by Councilmember Mullin to adopt Resolution No. 19-006 entitled "A Resolution of the City Council of the City of Poway, California, Amending and Adopting the Financial Policy." Motion carried unanimously. 4.3 Development Review 18-011: A Request to Modify the Expiration Date of the Previously Approved Development Review for the Villa de Vida Affordable Housing Development Development Services Director Bob Manis gave a sideshow presentation. Mr. Manis explained the project site is owned by the Poway Housing Authority, and it was purchased for affordable housing. The request is for a revision to the Development Review to allow the developer two additional years to comply with the requirements of the Disposition, Development and Loan Agreement. No speakers. Motioned by Councilmember Mullin and seconded by Councilmember Leonard to adopt Resolution No. P-19-04 entitled "A Resolution of the City Council of the City of Poway, California, Approving Development Review 18-011 APN: 317-152-14." Motion carried unanimously. 0620 City of Poway — Minutes — February 5, 2019 4.4 Adoption of a Resolution Authorizing the Hire of a CalPERS Retired Annuitant with an Exception to the 180 -Day Wait Period in Compliance with Government Code Sections 7522.56 and 21224 City Manager Tina White summarized the agenda report. She stated that there is an urgent and critical need to fill the Finance Manager position on a temporary basis while the City recruits for a new Finance Manager. Due to the resignation of the Finance Manager hired on August 13, 2018, the City desires to hire Andrew White, the recently retired Finance Manager, until the position is filled again. The proposed resolution is to waive the 180 -day waiting period for re-employment of a retiree collecting CalPERS benefits. Chris Olps spoke. Motioned by Councilmember Leonard and seconded by Councilmember Mullin to adopt Resolution No. 19-007 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." Motion carried unanimously. 5. WORKSHOP - None 6. MAYOR AND CITY COUNCIL -INITIATED ITEMS COUNCILMEMBER COMMITTEE REPORTS - Pursuant to AB1234 — G.C. §53232.3(d) JOHN MULLIN - None BARRY LEONARD - None CAYLIN FRANK - Reported on a Metropolitan Transit System meeting regarding the clean transportation requirement for busses. DAVE GROSCH — Attended retirement events for Rev. Glen Larsen, Jr., Community Church and Pastor Bill Baker, Mount Olive Lutheran Church, STEVE VAUS — Appreciated notes of thanks from Kevin McNamara on Villa de Vida and Dianne and Jeff Wurtz for radar speed signs on Twin Peaks Road. Reported on San Diego Association of Governments (SANDAG) meeting about Regional Housing Needs Assessment numbers and upcoming trip to Washington, D.C. relative to transit and road connectivity to the San Diego International Airport. 6.1 HOMES - Home On My Extra Space, Pilot Program Proposal Mayor Vaus explained the proposal for additional dwelling units on existing lots, asking for consensus to explore the possibility. Speaking in opposition were Chris Olps and Lynette Perkes. Speaking neutrally was Torrey Powers. Speaking in support were Cora Schrik, Mary Jane Jagodzinski and Maria Hernandez. 1 0621 City of Poway — Minutes — February 5, 2019 Council consensus was obtained to form a HOMES subcommittee to research the potential plan and report back to Council at a future date. 7. CITY MANAGER ITEMS - None B. CITY ATTORNEY ITEMS - None ADJOURNMENT The meeting adjourned at 8:51 p.m. Faviola Medin City Clerk City of Poway, California 0622