2019 06-04CITY OF POWAY
CITY COUNCIL REGULAR MEETING
V111,111,1111,19 --V
June 4, 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 Leonard, Frank, Grosch, Vaus
ABSENT Mullin
STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; 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; Lieutenant Chris Collier, 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.
MOMENT OF SILENCE
Mayor Vaus led a moment of silence.
PRESENTATION
Mayor Vaus presented Hannah Williams with a plaque in recognition of her assistance after the
April 27, 2019 shooting at Chabad of Poway. Lieutenant Dave Schaller recounted the sequence
of events that took place and commended Ms. Williams for her actions on that day.
PUBLIC ORAL COMMUNICATIONS
None.
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City of Poway — Minutes — June 4, 2019
1. CONSENT CALENDAR
Motioned by Councilmember Leonard, seconded by Councilmember Frank to approve
Consent Calendar Items 1.1 through 1.10. Motion carried by the following roll -call vote:
Ayes: Leonard, Frank, Grosch, Vaus
Noes: None
Absent: Mullin
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 April 29, 2019 through May 3, 2019; and
May 6, 2019 through May 10, 2019
1.3 Acceptance of the 2018-2019 CMP Annual Repair Project; Bid No. 19-007; Insituform
Technologies, LLC
1.4 Award of Contract to A.O. Reed & Co. for As -Needed Plumbing Services; Bid No. 19-018
1.5 Award of Contract to Cannon Pacific Services Inc., dba Pacific Sweeping for Bus Stop
Cleaning and Maintenance Services; Bid No. 19-020
1.6 Award of Contract to Superior Gate Services for Automatic Gate Inspection, Maintenance
and Repair Services; Bid No. 19-019
1.7 Award of Contract for the Annual Supply of Chemicals for the Lester J. Berglund Water
Treatment Plant; Bid No. 19-017
1.8 Award of Contract to KONE Inc. for Inspection, Maintenance and Repair of Elevators and
Wheelchair Lift in City Facilities
1.9 Award of Contract to Tri Group Construction and Development, Inc., for the Poway Road
Turn Pocket Extension Project; Bid No. 19-019
1.10 Award of Contract to ATOM Engineering Construction, Inc., for the Poway Center for the
Performing Arts Smoke Hatch Winch Replacement Project; Bid No. 19-018
2. ORDINANCE
2.1 Ordinance Amending the City's Social Host Ordinance (Chapter 9.54 of the Poway
Municipal Code) to Include Marijuana and Other Controlled Substances in Addition to
Alcohol
City Attorney Fenstermacher presented the report. Mr. Fenstermacher stated that the
current ordinance imposes criminal liability on adults who know or should know of alcohol
consumption by minors in their residences. He specified that the purpose of the amendment
is to add marijuana and other federally controlled substances to the ordinance due to the
recent passage of Proposition 64.
Speakers in support of staff's recommendation: Ron Stark, Brenda and Brissa Sanchez
Council discussion ensued in favor of the adoption of the Ordinance.
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City of Poway — Minutes — June 4, 2019
As requested by the Mayor, City Clerk Medina titled the Ordinance.
Motioned by Mayor Vaus, seconded by Deputy Mayor Grosch to introduce Ordinance
No. 828 entitled "An Ordinance of the City Council of the City of Poway, California,
Amending Chapter 9.54 of the Poway Municipal Code to Include Marijuana and Other
Controlled Substances as Prohibited Substances in Addition to Alcohol." Motion
carried unanimously by the following roll -call vote:
Ayes: Leonard, Frank, Grosch, Vaus
Noes: None
Absent: Mullin
3. PUBLIC HEARING
3.1 2018 Weed and Nuisance Abatement Charges to be Collected by Assessing the County
Tax Assessor's Roll for Fiscal Year 2019-2020
Mayor opened the public hearing at 7:14 p.m
Senior Planner David DeVries presented the report. Mr. DeVries stated that the hearing is
to assess costs incurred in 2018 for weed and nuisance abatement that was conducted on
15 properties to be collected on the San Diego County Tax Assessor's rolls. Of the 15
properties, 12 will be assessed on their tax bill, two properties will be billed directly, and one
of the properties was found to be a zero -tax valuation property, therefore exempt from
eligibility for tax roll assessment as the bill has been paid.
No speakers.
Motioned by Councilmember Leonard, seconded by Councilmember Frank to close
the public hearing at 7:17 p.m. Motion carried 4/0 with Councilmember Mullin absent.
Motioned by Mayor Vaus, seconded by Councilmember Leonard to adopt Resolution
No. 19-025 entitled "A Resolution of the City Council of the City of Poway, California,
Approving the 2018 Weed and Nuisance Abatement Charges to be Collected on the
County Tax Assessor's Roll for Fiscal Year 2019-2020." Motion carried 4/0, with
Councilmember Mullin absent.
4. STAFF REPORT
4.1 Resolution Confirming Adjustments to EDCO Waste and Recycling Services' Rate Schedule
Senior Management Analyst Izzy Murguia presented the report with a slideshow
presentation. Mr. Murguia stated that the City has an exclusive franchise agreement which
allows yearly rate adjustments. EDCO notified the City of an increase in the Consumer Price
Index and requested a rate increase effective July 1, 2019 for fiscal year 2019-20. The
proposed rate adjustment to residential and commercial rates is of 3.71% which is applied
to the service and franchise fee component of the rates, and also a 3.4703% increase to the
disposal fee. The total monthly rate increase will be $0.74 for residential service and
approximately $4.00 increase for the most typical commercial service.
Steve South, President/CEO of EDCO and Elmer Heat, General Manager of EDCO were
available for questions.
City of Poway — Minutes — June 4, 2019
No speakers.
Council discussion ensued in favor of the adoption of the resolution
In response to Council inquiry, Mr. Murguia clarified that the increase in cost is $0.74 per
month, per household, which includes trash, recycling and green waste removal services.
Motioned by Mayor Vaus, seconded by Deputy Mayor Grosch to adopt Resolution No.
19-026 entitled "A Resolution of the City Council of the City of Poway, California,
Approving an Adjustment to EDCO Waste and Recycling Services' Rate Schedule and
Rescinding Resolution No. 17-021." Motion carried 4/0, with Councilmember Mullin
absent.
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 Workshop Request for Landscape Maintenance District (LIVID) 83-1 and 86-1
Councilmember Frank explained that Deputy Mayor Grosch and herself believed that
follow-up discussion was necessary regarding Landscape Maintenance District (LIVID) 83-
1 and 86-1 to provide clear direction to staff for the discussion to take place at the
workshop on July 16, 2019.
Deputy Mayor Grosch thanked the LIVID Committee for their dedication.
Council discussion ensued.
At the request of Director of Public Works Michael Obermiller, Council clarified and
concurred that the main points that would be covered during the July 16, 2019 workshop
would be as follows:
• Cost estimates for both a broad landscape master plan covering the entire LIVID,
as well as a more limited scope
• Cost estimates for single landscaping/rehabbing entry point of one LIVID
• Strategy, costs, and broad discussion about re -balloting and/or re-engineering the
districts. Council emphasized the need for the agenda item to be broad so as not
to limit the discussion topics
• Improvements within the LIVID regarding landscape aesthetics
• Any other items staff felt needed to be discussed
Mayor Vaus provided an update on the recent SANDAG item heard at the last City Council
meeting. He announced that a letter was sent to SANDAG to express Council's opinion regarding
the TransNet Extension Ordinance.
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City of Poway — Minutes — June 4, 2019
Mayor Vaus also mentioned he was going to attend a press conference with Supervisors Gaspar
and Jacob, and Cal Fire Authority Unit Chief Tony Mechum regarding Highway 67.
7. CITY MANAGER ITEMS
None.
8. CITY ATTORNEY ITEMS
CLOSED SESSION:
8.1 Conference with Legal Counsel — Existing Litigation
Gov. Code § 54956.9(d)(1) — one (1) case:
Kelly v. City of Poway, United States District Court for the Southern District of California,
Case No. 18-cv-02615
At the request of City Attorney Alan Fenstermacher, Mayor Vaus adjourned the meeting into
Closed Session at 7:43 p.m.
City Council came out of Closed Session at 8:00 p.m. and City Attorney Fenstermacher
announced that there was no reportable action taken.
ADJOURNMENT
The meeting adjourned at 8:00 p.m.
0670
City Clerk
City of Poway, California