2019 05-07City of Poway – Minutes – May 7, 2019
0653
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
May 7, 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 Chris Hazeltine; Assistant City Manager Wendy Kaserman; Assistant City Attorney
John Ramirez; 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 declared a moment of silence for the victims of the shooting that occurred at the
Chabad Synagogue in Poway. Councilmembers gave their condolences and voiced their support
for the victims and the Chabad Synagogue.
Mayor Vaus introduced the new City Manager, Chris Hazeltine. He brings to Poway more than 30
years of local government experience.
Mayor Vaus presented a proclamation to City Clerk Faviola Medina, honoring May 5 through May
11 as Municipal Clerks Week.
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PUBLIC ORAL COMMUNICATIONS
Layla Aubrey spoke regarding the Poway Chabad Synagogue shooting and the safety and social
issues in Poway.
Dianne Smith made suggestions for fundraising for the Poway Chabad Synagogue.
Mike Fry spoke regarding the use of sewer deduct meters to measure water usage.
Joe St. Lucas announced that May 12th is National Fibromyalgia Awareness Day.
Juliet Vasel-Phillips shared that the Poway Center for the Performing Arts will have a mental
health art exhibit on display on Thursday May 16 and encouraged the community to attend.
1. CONSENT CALENDAR
Motioned by Deputy Mayor Grosch, seconded by Councilmember Mullin to approve
Consent Calendar Items 1.1 through 1.7. 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 March 25, 2019 through March 29, 2019;
and April 1, 2019 through April 5, 2019; and April 8, 2019 through April 12, 2019
1.3 Approval of the April 2, 2019 and April 16, 2019 Regular City Council Meeting Minutes
1.4 Award of Contract to SRM Contracting and Paving for the 2018-2019 Street Overlay Project;
Bid No. 19-013
1.5 Approval of Consultant Agreement between the City of Poway and Infrastructure
Engineering Corporation (IEC) for Design Services for the Clearwell Upgrades Project (CIP
#WTR0020)
1.6 Acceptance of the Traffic Signal Controller Upgrades Project; Bid No. 18-009, HMS
Construction, Inc.
1.7 Comprehensive Annual Financial Report – FY 2017/18
2. ORDINANCE
None.
3. PUBLIC HEARING
3.1 Tentative Parcel Map 16-001; A Request for Approval of a Two-Lot Subdivision Located at
14724 Pomerado Road in the Residential Single Family – 3 (RS-3) Zone
Mayor opened the public hearing at 7:34 p.m.
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Associate Planner Scott Nespor presented the report along with a slideshow presentation.
Mr. Nespor stated that the project is a request to subdivide a 1.02-acre parcel into two lots;
one lot has an existing residence and the other lot will have a residence constructed on it.
The improvements for the subdivision will include construction of a fire hydrant, street trees
and irrigation, widening approximately 250-feet of Kozy Crest Lane to meet the Private Road
minimum and the replacement of existing overhead utility lines with underground lines.
Speakers in opposition: Karen Kay, Jamie Grover, Lorraine Grover and Randall C. Sterling
Speakers in support: Torrey Powers, John Dinh and Sylvia Norman
Motioned by Councilmember Leonard, seconded by Deputy Mayor Grosch to close
the public hearing at 7:54 p.m. Motion carried unanimously.
Council discussion ensued regarding the required road improvements and easement.
In response to Council inquiry, Development Services Director Bob Manis stated that the
road easement is for widening of the road of approximately one to three feet in width. The
road widening is required per the Poway Municipal Code for fire access due to the number
of homes on the cul-de-sac located on a private road. The undergrounding of overhead lines
is due to a policy that the City Council adopted. The title report grants the property owner
rights to the easement for access and utilities.
In response to Council inquiry, Development Services Director Bob Manis explained that if
there is a road maintenance agreement in place, the owner of the subject property would
be required to join the agreement, if not, the neighborhood would be responsible of forming
one, but the road maintenance agreement is not part of the map approval conditions. Mr.
Manis stated that if certain conditions are included with the approval of the map and the
applicants cannot comply with the conditions, either through litigation or other reasons, they
must return to Council to amend the map. The City will then have to determine whether or
not they can make the findings to approve the amended map without certain items included.
The undergrounding of overhead lines is a condition of approval of the map due to a policy
that the City Council adopted encouraging undergrounding for aesthetics and safety
reasons. When there are new subdivisions, undergrounding is usually a requirement.
In response to Council inquiry Mr. Manis stated that initially, the City was requiring the
installation of a fire hydrant at the end of the new property, in the easement, but the property
owner objected to this. It is City policy to install a water main for a fire hydrant and it requires
an easement to be granted to the City for maintenance and repairs which the property owner
did not want to provide. Mr. Manis explained that the City doesn’t know where the water
lateral lines are since they are private lines. If the contractor that is hired by the applicant
damages any water lines, the property owner would be responsible for all of the repairs.
In response to Council inquiry, Assistant City Attorney John Ramirez stated that the
easement is a contract between private parties and the City is not a part of that easement.
Mr. Ramirez further clarified and said that if there is some dispute as to whether or not that
easement allows construction and if the condition can not be adhered to; the condition would
come back to the City for future determination. The City can approve or disapprove at its
discretion without incurring any liability because of the scope of the easement and would
not be a part of a legal dispute due to the indemnification the property owner signed.
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In response to Council inquiry, Development Services Director Bob Manis explained that an
Accessory Dwelling Unit (ADU) may be built on the property without the improvements
required by the City. If an ADU is under 750 square feet, a permit does not have to be pulled,
but if it is over 750 square feet, it would require a minor development review application.
The construction of an ADU would not require widening of Kozy Crest Lane to meet the
Private Road minimum or the undergrounding of overhead utility lines.
Motioned by Councilmember Mullin, seconded by Councilmember Leonard to adopt
Resolution No. P-19-08 entitled “A Resolution of the City Council of the City of Poway,
California, Approving Tentative Parcel Map 16-001, Assessor’s Parcel Number 314-
350-29.” Motion carried unanimously.
4. STAFF REPORT
4.1 Appropriation of Funds for the Acquisition of Real Property at Van Dam Peak for Open
Space
Director of Development Services Bob Manis presented the report with a slideshow
presentation. Mr. Manis stated that two grants have been approved that will provide
$1,500,000 toward the acquisition of 162.31 acres near Van Dam Peak for open space. The
City has committed $125,000 from the Habitat In-Lieu Fee Fund towards the purchase of
the parcels and an additional $50,000 is to be held temporarily in escrow and reimbursed
after the sign is installed. The total purchase price of the four parcels is $1,698.000, with
Trust for Public Lands funding the difference beyond the $1,625,000.
No speakers.
Motioned by Mayor Vaus, seconded by Deputy Mayor Grosch to appropriate an
additional $60,000 from the Habitat In-Lieu Fee Fund for the acquisition of real
property, APNs #316-020-04-00, #316-020-05-00, #316-020-20-00, and #316-020-21-00
for open space. Motion carried by unanimously.
4.2 Update on the Hazard Mitigation Grant Program (HMGP) Application and Reconciliation of
Funds for the Maintenance of Landscape Maintenance Districts (LMDs) 83-1 and 86-1
Assistant Director of Public Works Eric Heidemann presented the report along with a
slideshow presentation. He explained that at the Council meeting of March 19, 2019, City
Council authorized staff to submit an application under the Federal Emergency
Management Agency Hazard Mitigation Grant Program in the amount of $2,000,000 for
hazardous tree removals along Twin Peaks and Espola roads, and to also roll all unused
funds that were appropriated to LMDs 83-1 and 86-1 for emergency water and tree
maintenance to Fiscal Year 2019-20.
West Coast Arborists Representative Mike Palat and Disaster Service Coordinator Susy
Turnbull were available to answer any questions.
Speaker in opposition: Toni Bates
Submitted speaker slips in opposition but did not wish to speak: Dan Mathson, Kandyce
Williams, Jim Williams, Jana Weber, Rob Weber, Laurie Hinzman, Bob Hinzman, Lee Bates,
Bob Leiter, Kevin Vandeberg, Greg Lahan and Tim Jara
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Council discussion ensued about holding a workshop after reviewing the proposed City
budget, about the LMD re-balloting, outreach program, health and safety concerns about
the condition of the trees, and funding sources in the event that the grant isn’t awarded to
the City. Council directed staff to schedule a workshop for July 16.
Motioned by Councilmember Mullin, seconded by Councilmember Leonard to: 1)
Direct staff to defer work on the tree risk assessment until the HMGP is awarded and
until such time that tree removal work is ready to begin; and 2) Authorize $97,197,
which are the unused funds appropriated to LMD 83-1 (water: $77,265, trees: $19,932)
and $75,702, which are the unused funds appropriated to LMD 86-1 (water: $51,660,
trees: $24,042) be rolled over to Fiscal Year 2019-20 for the same intended purpose.
Motion carried unanimously.
4.3 City of Poway and Poway Unified School District (PUSD) Joint Use Agreement for
Cooperative Facilities Use and Maintenance
Community Services Director Brenda Sylvia presented the item. Ms. Sylvia summarized that
on April 2, 2019, the City Council continued this item to the May 7, 2019 meeting due to
questions being raised about the draft agreement that required further discussion. She
added that staff recommends a further continuance so that additional questions may be
answered, and a comprehensive understanding of responsibilities and impacts can be
realized.
No speakers.
Motioned by Mayor Vaus, seconded by Councilmember Frank to continue this item
to an undetermined meeting date. Motion carried unanimously.
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)
Councilmember Leonard gave an update on the recent meeting of the San Diego County Water
Authority.
Mayor Vaus recommended that the City Manager and the Sheriff’s Department work together to
discuss Active Shooter Training for the community.
Mayor Vaus provided an update on the recent SANDAG meeting. With Council concurrence, the
Mayor requested to bring back an update regarding the TransNet Extension Ordinance at the next
Council meeting.
6.1 Request Council Concurrence of Acting Committee Appointments to the Budget Review
Committee per Government Code 54974(b).
City of Poway — Minutes — May 7, 2019
Councilmember Mullin selected Michael Firenze to serve as an acting member on the
Budget Review Committee.
Council concurred with the appointment.
7. CITY MANAGER ITEMS
City Manager Chris Hazeltine thanked the Council and stated that he looks forward to working
with the community.
8. CITY ATTORNEY ITEMS
None.
ADJOURNMENT
The meeting adjourned at 8:56 p.m.
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Faviola Medina , CMC
City Clerk
City of Poway, California