2019 04-160649
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
City of Poway – Minutes – April 16, 2019
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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.
City of Poway – Minutes – April 16, 2019
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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.
City of Poway — Minutes — April 16, 2019
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.
Favidedina, CMC
City Clerk
City of Poway, California
0652