2019 03-05CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
March 5, 2019
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 Mullin, Leonard, Frank, Grosch, Vaus
STAFF MEMBERS PRESENT
City Manager Tina White; Assistant City Manager Wendy Kaserman; City Attorney Alan
Fenstermacher; City Clerk Faviola Medina; 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
Obermiller; Fire Chief Mark Sanchez; Captain Jeff Duckworth, 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 Grosch led the pledge of allegiance.
PRESENTATION
Councilmember Frank presented a Proclamation to the Poway High School Robotics Team in
recognition of Robotics Day.
Mayor Vaus presented service recognition to Director of Safety Services Mark Sanchez for his
45 -Year Anniversary with the City and awarded him a Mayors Medallion.
Mayor Vaus administered an Oath of Office to City of Poway's new City Clerk, Faviola Medina.
PUBLIC ORAL COMMUNICATIONS
Holly Haeseler spoke regarding bee keeping and the dangers of pesticide use in Poway.
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City of Poway — Minutes — March 5, 2019
James McDonald with Encinitas Bee Company spoke regarding bees and how pesticide use
affects them.
Quinn Flood spoke regarding pesticide use in Poway.
Norma Flood spoke regarding pesticide use in Poway and its effects on people.
Henry Schrik expressed interest in building a granny flat on his property through the HOMES Pilot
Program.
Roger Dohm spoke regarding sign regulations in Poway.
1. CONSENT CALENDAR
Item 1.4 was removed from the agenda to provide additional time to discuss components of the
agreement between City of Poway staff and the Poway Girls Softball League (PGSL).
Chris Cruse spoke on Consent Calendar Item 1.6, pointing out the amount held in the City's
Investment Portfolio and questioning why water and sewer interfund loans were not repaid.
Motioned by Deputy Mayor Grosch, seconded by Councilmember Mullin to approve
Consent Calendar Items 1.1 through 1.7 with the exception of Item 1.4. 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 January 28, 2019 through February 1,
2019; and February 4, 2019 through February 8, 2019
1.3 Approval of the February 5, 2019 Regular City Council Meeting Minutes
1.4 Appreval of FaGility Use AgreemeRt BetweeR the City of Poway and the Poway Girls Softball.
League for Use of a Aubrey Dort Softball FaG'kty
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1.5 Authorization to Purchase Three Cab/Chassis by Cooperative Purchase Agreement and
Three Utility Bodies by Open Market Competitive Bid
1.6 City's Investment Report as of December 31, 2018
1.7 Acceptance of the FY 17/18 ADA Barrier Removal — Lake Poway Pathways Project; Bid No.
19-008, Blue Pacific Engineering & Construction, Inc.
2. ORDINANCE
None.
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City of Poway — Minutes — March 5, 2019
3. PUBLIC HEARING
3.1 Resolutions to establish the Schedule of Water and Sewer Rates and Charges effective
March 1, 2019
Finance Director Donna Goldsmith presented the report along with a slideshow presentation
and discussed the proposed water and sewer rates introduced at the January 8, 2019
Special City Council meeting. Ms. Goldsmith stated that the notices for the proposed rate
increases, in accordance with Proposition 218 requirements, were mailed to 13,364
ratepayers on January 16, 2019. The proposed water rates would increase the Water
Commodity rate by 4.5% and the fixed Water Meter Charge by 7.5%. The sewer rates would
increase the Sewer Commodity rate by 3.25% and the fixed Sewer Service Charge by
3.25%. Despite the rate increases, a typical single-family residential customer would see a
net reduction of $7.74 due to the elimination of the Drought Recovery Surcharge.
Additionally, Ms. Goldsmith stated that the proposed rates would support current and future
capital improvement projects.
Speakers in opposition:
Yuri Bohlen, Chris Cruse, Maria Garcia-Eggly, Shawn Hodgetts and Peter DeHoff
Motioned by Councilmember Frank, seconded by Councilmember Mullin to close the
public hearing. Motion carried unanimously.
City Clerk Medina reported that a total of 473 written protests were received which does not
constitute a majority protest against the water and sewer rate increases.
In response to public comment, City Manager White explained that the former
Redevelopment Agency repaid millions of dollars in loans to the City in 2011. When the
Redevelopment Agency was dissolved by legislation, they requested that any loans repaid
after January 1, 2011 be reversed. After the dissolution requirements were met by the City,
the loans were approved by the Oversight Board in 2014 for re -payment and the state
department of finance denied the repayments. During this time, legislature adopted bills
which retroactively modified loan document requirements, further challenging the
repayment of loans. The Redevelopment Agency completed capital improvement projects
that benefited water and sewer that were paid with redevelopment tax increments and not
ratepayers' dollars.
City Attorney Fenstermacher stated that Proposition 218 is an amendment to the California
Constitution which was enacted in Sacramento and requires a 50 percent plus one protest.
Council concurred that the rate increases were necessary to rehabilitate the aging
infrastructure, provide funding for water capital projects and maintain 20 percent of the
annual operating budget in the Water Fund.
Motioned by Councilmember Grosch, seconded by Councilmember Leonard to close
the public hearing and adopt Resolution No. 19-011 entitled "A Resolution of the City
Council of the City of Poway, California, Establishing the Schedule of Water Service
Charges and Rates Per Section 13.11.120 of the Poway Municipal Code." Motion
carried unanimously.
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City of Poway — Minutes — March 5, 2019
Motioned by Councilmember Grosch, seconded by Councilmember Mullin to close
the public hearing and adopt Resolution No. 19-012 entitled "A Resolution of the City
Council of the City of Poway, California, Establishing Sewer Service Charges and
Rates Per Section 13.03.010 of the Poway Municipal Code." Motion carried
unanimously.
4. STAFF REPORT
None.
5. WORKSHOP
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)
6.1 Request Council concurrence of committee appointments to the Budget Review and Parks
and Recreation Advisory Committees.
Council selected the following individuals to serve on the Budget Review Committee and
Parks and Recreation Committee:
Councilmember Mullin selected:
Budget Review Committee:
Barry Long
Parks & Recreation Advisory:
Susan Mallett
Councilmember Leonard selected:
Budget Review Committee:
Peter DeHoff
Parks & Recreation Advisory:
Raymond Hammel
Councilmember Frank selected:
Budget Review Committee:
Bernie Guzman
Parks & Recreation Advisory:
Celeste Larson
Deputy Mayor Grosch selected:
Budget Review Committee:
Dan Mathson
Parks & Recreation Advisory:
Gail Matson
Mayor Vaus selected:
Budget Review Committee:
Brian Pepin
Parks & Recreation Advisory:
Patrick Johnson
Council concurred with the appointments.
7. CITY MANAGER ITEMS
None.
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City of Poway — Minutes — March 5, 2019
8. CITY ATTORNEY ITEMS
CLOSED SESSION:
8.1 Conference with Legal Counsel — Anticipated Litigation pursuant to Government Code
§54956.9 (d) (2): One (1) Case
At the request of City Attorney Alan Fenstermacher, Mayor Vaus adjourned the meeting into
Closed Session at 8:45 p.m. with all Councilmembers present.
The City Council authorized the City Attorney to report that at its January 15, 2019 closed session,
the City Council authorized the cancellation of its contract with Just Construction, Inc. for the
Espola Road Safety Improvement Projects for the reasons set forth in the City's January 22, 2019
correspondence terminating that contract.
City Council came out of Closed Session at 8:55 p.m.
ADJOURNMENT
The meeting adjourned at 8:55 p.m. _ n
Faviola`Midt"na, CMC
City Clerk]
City of Poway, California
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