Item 1.3 - Approval of Minutes1 of 10 May 7, 2019, Item #1.3
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
April 2, 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, Frank, Grosch, Vaus
Absent: Leonard
STAFF MEMBERS PRESENT
City Manager Tina White; 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; Deputy Fire Chief Jon Canavan; 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
None.
PUBLIC ORAL COMMUNICATIONS
Denise Ott with Met2 invited Council and the public to their upcoming show, “Peter Pan” at Poway
Center for the Performing Arts.
Joe St. Lucas requested that Council consider “Free Fishing Days” at Poway Lake.
Matt voiced his concerns regarding pesticide use in Poway, specifically near children.
NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting.
2 of 10 May 7, 2019, Item #1.3
ATTACHMENT A
1. CONSENT CALENDAR
Item 1.8 was removed from the agenda to provide staff with additional time to discuss components
of the agreement between the City of Poway and the Poway Unified School District specifically,
relative usage of the fields and the City’s proposed contribution to replacement of artificial turf.
Continuing the item will also allow Councilmember Leonard to participate in the discussion, since
he is absent from this meeting and serves on the PUSD subcommittee.
Motioned by Deputy Mayor Grosch, seconded by Councilmember Frank to approve
Consent Calendar Items 1.1 through 1.7 with the exception of Item 1.8 which is continued
to the meeting of Tuesday May 7, 2019. Motion carried by the following roll-call vote:
Ayes: Mullin, Frank, Grosch, Vaus
Noes: None
Absent: Leonard
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 February 25, 2019 through March 1,
2019; and March 4, 2019 through March 8, 2019
1.3 Approval of the March 5, 2019 Regular City Council Meeting Minutes
1.4 Second Reading and Adoption of Ordinance No. 826 entitled “An Ordinance of the City of
Poway, California, Adding Chapters 5.22 to the Poway Municipal Code and Amending
Section 9.48.240 (A) of the Poway Municipal Code Relating to Regulation of Sidewalk
Vendors”
1.5 Second Reading and Adoption of Ordinance No. 827 entitled “An Ordinance of the City of
Poway, California, Amending Chapters 1.02, 1.08, 1.10, 2.20, 8.72, 8.76, 8.80, 13.09, 15.02,
and 17.54 Adding Chapters 15.03 and 15.32, and Deleting Chapters 16.56, 16.68 and 8.84
of the Poway Municipal Code Relating to Code Compliance”
1.6 First Lease Amendment for Telecommunications Facility at 12700 Sagecrest Drive –
Pomerado Reservoir; New Cingular Wireless PCS, LLC
1.7 Agreement for Purchase of a Microsoft Enterprise Agreement; Crayon Software Experts,
LLC
1.8 Joint Use Agreement for Cooperative Facilities Use and Maintenance; Poway Unified
School District (PUSD)
2. ORDINANCE
None.
3. PUBLIC HEARING
3.1 Tentative Tract Map 19-001: Time Extension Request for Previously Adopted Tentative
Tract Map
3 of 10 May 7, 2019, Item #1.3
Mayor opened the Public Hearing.
Senior Planner Austin Silva presented the report along with a presentation. He explained
that the request is a time extension for Tentative Tract Map (TTM) 06-02, which is set to
expire.
No speakers.
Motioned by Deputy Mayor Grosch, seconded by Councilmember Mullin to close the
public hearing. Motion carried by unanimous vote of those present; Councilmember
Leonard absent.
Motioned by Councilmember Mullin, seconded by Deputy Mayor Grosch to adopt
Resolution No. P-19-06 entitled “A Resolution of the City Council of the City of Poway,
California, Approving Tentative Tract Map 19-001; A Time Extension of the Approval
for Tentative Tract Map 06-02; Assessor's Parcel Numbers (APN): 277-080-04, 277-
071-05, 14, 16, and 19.” Motion carried by unanimous vote of those present;
Councilmember Leonard absent.
3.2 FY19-20 Road Repair and Accountability Act of 2017 List of SB 1 Funded Projects
Mayor opened the Public Hearing.
City Engineer Tom Frank presented the report. Mr. Frank stated that on April 28, 2017 the
Governor signed Senate Bill SB 1, to provide funding for basic road maintenance,
rehabilitation, and critical safety needs on both the state highway and the local streets and
road systems. In order to receive Road Maintenance and Rehabilitation Account (RMRA)
Funds, a list of projects proposed to be funded with these funds must be provided to the
California Transportation Commission and adopted by resolution.
No speakers.
Motioned by Councilmember Frank, seconded by Deputy Mayor Grosch to close the
public hearing. Motion carried by unanimous vote of those present; Councilmember
Leonard absent.
Motioned by Councilmember Mullin, seconded by Councilmember Frank to adopt
Resolution No. 19-017 entitled “A Resolution of the City Council of the City of Poway,
California, Adopting a List of Projects for Fiscal Year 2019-20 Funded by SB 1: The
Road Repair and Accountability Act of 2017.” Motion carried by unanimous vote of
those present; Councilmember Leonard absent.
4. STAFF REPORT
4.1 Amendment to Villa de Vida Affordable Housing Project Disposition Development and Loan
Agreement
Director of Development Services, Bob Manis presented the report and stated that the
Disposition Development and Loan Agreement (DDLA) was first approved at the April 4,
2016 Council meeting. The project received 9% tax credits from the Tax Credit Allocation
Committee (TCAC) which requires close of escrow and implementation of the project within
4 of 10 May 7, 2019, Item #1.3
a 180-day deadline. Modifications to the DDLA and ancillary documents are needed to close
escrow no later than April 9, 2019.
Hunter Christian with Villa de Vida, and Ed Holder of Mercy Housing, responded to a Council
inquiry regarding the resident services plan and the San Diego Regional Center.
In response to Council inquiry, City Manager Tina White said that the residents must be on
the San Diego County Section 8 Housing list in order to qualify to live in this development.
No speakers.
Motioned by Mayor Vaus, seconded by Councilmember Mullin for Council and the
Poway Housing Authority to approve the third amendment to the Disposition,
Development and Loan Agreement for the Villa de Vida project and authorize the
Executive Director of the Poway Housing Authority to execute the Disposition,
Development and Loan Agreement and all ancillary documents. Motion carried by
unanimous vote of those present; Councilmember Leonard absent.
4.2 Initiation of Proceeding for the Formation of Landscape Maintenance District 19-1
Assistant Director of Public Works Eric Heidemann presented the report along with a
slideshow presentation. Mr. Heidemann stated that the imposed assessments are no longer
sufficient to fund the existing district’s enhanced improvements and services, and that
reserve funds have gradually been depleted.
In response to Council inquiry, City Manager Tina White said that the residential section will
not be balloted, only Landscape Maintenance District (LMD) 19-1. If the ballot for LMD 19-
1 fails, LMD 87-1 will remain as residential and commercial properties with no change in the
assessments.
No speakers.
Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution
No. 19-018 entitled “A Resolution of the City Council of the City of Poway, California,
Initiating Proceedings for the Formation of Landscape Maintenance District No. 19-1;
Directing the Preparation and Filing of an Engineer’s Report Related Thereto,
Pursuant to the Provisions of Part 2 of Division 15 of the California Streets and
Highways Code; and Initiating Proceedings to Detach Territory from City of Poway
Landscape Maintenance District 87-1.” Motion carried by unanimous vote of those
present; Councilmember Leonard absent.
Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution
No. 19-019 entitled “A Resolution of the City Council of the City of Poway, California,
Declaring the City’s Intention to form Landscape Maintenance District No. 19-1 and
to Levy and Collect Annual Assessments Related Thereto Commencing Fiscal Year
2019-20, Pursuant to the Provisions of Part 2 of Division 15 of the California Streets
and Highways Code; Calling for a Property Owner Protest Proceeding, to Submit to
the Qualified Property Owners the Question of Levying Such Assessments and
Establishing an Assessment Range Formula for said District Pursuant to the
Provisions of the California Constitution, Article XIII D; and Declaring its Intention to
Detach Parcels of Property from Landscape Maintenance District 87-1.” Motion
carried by unanimous vote of those present; Councilmember Leonard absent.
5 of 10 May 7, 2019, Item #1.3
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)
Caylin Frank reported that MTS is considering a 2020 sales increase ballot measure. She has
some concerns due to the increase in MTS transportation costs, but not services.
Dave Grosch reported that San Dieguito River Park manages 71 miles of trails from Del Mar to
Julian.
7. CITY MANAGER ITEMS
None.
8. CITY ATTORNEY ITEMS
8.1 Approval of Employment Agreement for the City Manager
City Attorney Alan Fenstermacher reported that the employment agreement with
Christopher Hazeltine was being presented for Council’s consideration. The employment
agreement is effective May 6, 2019.
No speakers.
Mayor Steve Vaus stated that Councilmember Leonard was very impressed with Mr.
Hazeltine’s strong resume and positive attitude, which he believes will position him well to
lead Poway into the future. The skillset he possesses will move many projects forward.
Motioned by Mayor Vaus, seconded by Councilmember Mullin, to authorize the Mayor
to execute the City Manager Employment Agreement between the City of Poway and
Christopher Hazeltine, with such changes as may be approved by the City Council
and Mr. Hazeltine. Motion carried by unanimous vote of those present;
Councilmember Leonard absent.
Council congratulated Mr. Hazeltine on his appointment and introduced him to the public.
ADJOURNMENT
The meeting adjourned at 8:21 p.m.
________________________________
Faviola Medina, CMC
City Clerk
City of Poway, California
6 of 10 May 7, 2019, Item #1.3
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
April 16, 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; Acting Director of Safety Services Jon Canavan; 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
Mayor Vaus presented Deputy Marshall Abbott with a plaque in recognition of being selected as
Poway Sheriff’s Station Deputy of the Quarter.
PUBLIC ORAL COMMUNICATIONS
Bernie Guzman requested the Metate Meadow Trails be added to the City’s website.
1. CONSENT CALENDAR
Motioned by Mayor Vaus, 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
NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting.
7 of 10 May 7, 2019, Item #1.3
ATTACHMENT B
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 March 11, 2019 through March 15, 2019;
and March 18, 2019 through March 22, 2019
1.3 Approval of the March 19, 2019 Regular City Council Meeting Minutes
1.4 Consultant Agreement with Dudek for “The Farm” Environmental Impact Report at the
previous Stoneridge Golf Course (Specific Plan 19-001)
1.5 Poway Housing Successor Annual Report FY 2017-18
1.6 Statement of Investment Policy
1.7 Adoption of Resolution No. 19-020 entitled “A Resolution of the City Council of the City of
Poway, California, Amending the Master Fee Schedule to Establish Fees for Sidewalk
Vending Permits and Appeals set forth in Chapter 5.22 of the Poway Municipal Code”
Chris Olps spoke in opposition to the proposed limitations on sidewalk vendors.
1.8 Contract for Professional Auditing Services; Davis Farr, LLP
1.9 Agreement to Provide Support to the Poway Valley Senior Citizens Corporation during
Construction of the Mickey Cafagna Community Center
2. ORDINANCE
None.
3. PUBLIC HEARING
3.1 Resolution Approving a 2% Increase in the Regional Transportation Congestion
Improvement Program (RTCIP) Traffic Mitigation Fee for FY 2019-20, as Required by the
TransNet Ordinance
Mayor opened the public hearing at 7:10 p.m.
City Engineer Tom Frank presented the report and stated that the funds collected from this
fee will be used for roadway and traffic signal improvements at various locations throughout
the City. Mr. Frank clarified that the fee applies to new construction condominiums as well
as single-family homes.
No speakers.
Motioned by Councilmember Leonard, seconded by Councilmember Mullin to close
the public hearing at 7:13 p.m. Motion carried unanimously.
Motioned by Councilmember Leonard, seconded by Deputy Mayor Grosch to adopt
Resolution No. 19-021 entitled “A Resolution of the City Council of the City of Poway,
California, Approving a 2% Increase in the Regional Transportation Congestion
Improvement Program (RTCIP) Traffic Mitigation Fee for Fiscal Year (FY) 2019-20, As
Required by the Transnet Ordinance.” Motion carried unanimously.
8 of 10 May 7, 2019, Item #1.3
3.2 Resolution Confirming that the Conditions on the Property at 13822 Northcrest Lane
Constitute Violations of the Poway Municipal Code and Upholding the issuance of
Administrative Citations by Code Compliance staff (Case No. 17-0071 & 17-0074), and
Declaring that the Property Constitutes a Public Nuisance and Ordering the Property Owner
to Abate the Violation, as well as authorizing legal action by the City Attorney
Mayor Vaus announced that the property owner has requested a continuance to the June
4, 2019 Regular City Council Meeting. No motion was made to grant the continuance.
Mayor opened the public hearing at 7:15 p.m.
City Planner Dave DeVries presented the report along with a presentation and stated that
the hearing is being held pursuant to Chapter 8.72 and 1.10 of the Poway Municipal Code
for the purpose of determining whether the unapproved grading and unpermitted detached
garage and home improvements at 13822 Northcrest Lane constitute a public nuisance and
whether the Administrative Citations should be upheld.
Carol Pouliot expressed concerns with the septic smell and exposed leach fields due to the
unpermitted grading that has occurred.
Motioned by Councilmember Frank, seconded by Deputy Mayor Grosch to close the
public hearing at 7:22 p.m. Motion carried unanimously.
Council discussion ensued in support of staff’s recommendation. In response to Council
inquiry, City Attorney Alan Fenstermacher confirmed that the City Attorney’s Office can
abate the issues to the extent possible, however, the majority of corrections require the
property owner to obtain permits to bring the home improvements into compliance.
In response to Council inquiry regarding Ms. Pouliot’s concerns, staff advised Council that
they had been denied access to investigate the septic concerns. Staff is aware that the
County Health Department has visited the property for vector control.
Motioned by Councilmember Mullin, seconded by Councilmember Leonard to 1)
adopt Resolution No. P-19-07 entitled “A Resolution of the City Council of the City of
Poway, California, Finding and Declaring Conditions Present at 13822 Northcrest
Lane Poway, California, Constitute Violations of the Poway Municipal Code and
Upholding Development Services Department’s Decision to Issue Citations and
Ordering the Property Owner to Abate Nuisance”; and 2) authorize the City Attorney
to initiate appropriate legal action if the owner fails to timely remedy the public
nuisance conditions. 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.
9 of 10 May 7, 2019, Item #1.3
COUNCILMEMBER COMMITTEE REPORTS - Pursuant to AB1234 – G.C. §53232.3(d)
Councilmember Mullin gave a brief update on the recent meeting of the Metro Wastewater JPA
and the SANDAG Regional Planning Committee.
Councilmember Leonard gave an update on the recent meeting of the San Diego County Water
Authority and gave a brief update on the lawsuit against Metropolitan Water District.
Councilmember Frank gave an update on the recent meeting of the Metropolitan Transit System
Board meeting.
Deputy Mayor Grosch gave an update on Regional Solid Waste Association and briefly discussed
state mandates to reduce organic waste.
Councilmembers Mullin, Leonard, Frank, Deputy Mayor Grosch and Mayor Vaus expressed their
appreciation for the dedication, contributions and service City Manager Tina White has given to
the City of Poway. Council congratulated her on her well-deserved retirement and presented her
with a bouquet of flowers.
7. CITY MANAGER ITEMS
None.
8. CITY ATTORNEY ITEMS
CLOSED SESSION:
8.1 Conference with Labor Negotiators
Government Code Section 54957.6
Designated City Representatives: Tina White, Wendy Kaserman, Jodene Dunphy
Employee Organizations: Poway Firefighters’ Association, Teamsters,
Management/Confidential Group
8.2 Public Employee Performance Evaluation
Government Code Section 54957(B)(1)
Title: City Attorney
At the request of City Attorney Alan Fenstermacher, Mayor Vaus adjourned the meeting into
Closed Session at 7:53 p.m. with all Councilmembers present.
City Council came out of Closed Session at 9:30 p.m. and City Attorney Fenstermacher
announced that there was no reportable action taken.
ADJOURNMENT
The meeting adjourned at 9:30 p.m.
________________________________
Faviola Medina, CMC
City Clerk
City of Poway, California
10 of 10 May 7, 2019, Item #1.3