2019 06-18City of Poway – Minutes – June 18, 2019
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CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
June 18, 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; 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; Director of Safety Services Mark Sanchez; 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.
PUBLIC ORAL COMMUNICATIONS
Chris Olps voiced his concern about recent events that have occurred in Poway.
1. CONSENT CALENDAR
Councilmember Frank announced that she would recuse herself from the vote on Item No. 1.9
due to a conflict of interest, residing in Landscape Maintenance District 87-1.
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Deputy Mayor Grosch announced that he would recuse himself from the vote on Item No. 1.5 due
to a conflict of interest, residing in Landscape Maintenance District 83-1.
Councilmember Leonard announced that he would recuse himself from the vote on Item No. 1.6
due to a conflict of interest, residing in Landscape Maintenance District 86-1.
Motioned by Councilmember Vaus, seconded by Councilmember Mullin to approve
Consent Calendar Items 1.1 through 1.18 with the exception of Item No.’s 1.5, 1.6 and 1.9. Motion carried by the following roll-call vote:
Ayes: Mullin, Leonard, Frank, Grosch, Vaus
Noes: None
Absent: None
The record shows the vote for Item No. 1.5 as follow s:
Motioned by Councilmember Vaus, seconded by Councilmember Mullin to approve
Consent Calendar Item 1.5. Motion carried by the following roll-call vote:
Ayes: Mullin, Leonard, Frank, Vaus
Noes: None
Absent: Grosch
The record shows the vote for Item No. 1.6 as follows:
Motioned by Councilmember Vaus, seconded by Councilmember Mullin to approve
Consent Calendar Item 1.6. Motion carried by the following roll-call vote:
Ayes: Mullin, Frank, Grosch, Vaus
Noes: None
Absent: Leonard
The record shows the vote for Item No. 1.9 as follows:
Motioned by Councilmember Vaus, seconded by Councilmember Mullin to approve
Consent Calendar Item 1.9. Motion carried by the following roll-call vote:
Ayes: Mullin, Leonard, Grosch, Vaus
Noes: None
Absent: Frank
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 May 13, 2019 through May 17, 2019;
and May 20, 2019 through May 24, 2019
1.3 Approval of the May 21, 2019 Regular City Council Meeting Minutes
1.4 Agreement with the San Diego Humane Society and S.P.C.A. for Animal Control Services
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1.5 Adoption of Resolution No. 19-027 entitled “A Resolution of the City Council of the City of
Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway
Landscape Maintenance District 83-1 for Fiscal Year 2019-20.”
1.6 Adoption of Resolution No. 19-028 entitled “A Resolution of the City Council of the City of
Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway
Landscape Maintenance District 86-1 for Fiscal Year 2019-20.”
1.7 Adoption of Resolution No. 19-029 entitled “A Resolution of the City Council of the City of
Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway
Landscape Maintenance District 86-2 for Fiscal Year 2019-20.”
1.8 Adoption of Resolution No. 19-030 entitled “A Resolution of the City Council of the City of
Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway
Landscape Maintenance District 86-3 for Fiscal Year 2019-20.”
1.9 Adoption of Resolution No. 19-031 entitled “A Resolution of the City Council of the City of
Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway
Landscape Maintenance District 87-1 for Fiscal Year 2019-20.”
1.10 Adoption of Resolution No. 19-032 entitled “A Resolution of the City Council of the City of
Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway
Lighting District for Fiscal Year 2019-20.”
1.11 Adoption of Resolution No. 19-033 entitled “A Resolution of the City Council of the City of
Poway, California, Acknowledging Receipt of a Report Made by the Deputy Fire Chief of the
Safety Services Department Regarding the Inspection of Certain Occupancies Required to
Perform Annual Inspections in Such Occupancies Pursuant to Sections 13146.2 and
13146.3 of the California Health and Safety Code.”
1.12 Approval of Second Amendment to the Lease Agreement between the City of Poway and
Verizon Wireless, LLC for the Operation of a Telecommunications Facility at 12700
Sagecrest Drive (Pomerado Reservoir)
1.13 Second Reading and Adoption of 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.”
1.14 Extension of the Fiscal Year 2018-2019 Street Maintenance Project Contract for the Fiscal
Year 2019-2020 Zone 3 Street Maintenance Project; Bid No. 18-022, American Asphalt
South, Inc.
1.15 Extension of the Fiscal Year 2018-2019 Citywide Striping Project Contract for the Fiscal
Year 2019-2020 Citywide Striping Project; Bid No. 18-021, Statewide Stripes, Inc.
1.16 Adoption of Resolution No. 19-034 entitled “A Resolution of the City Council of the City of
Poway, California, Adopting an Appropriations Limit for Fiscal Year Ending June 30, 2020.”
1.17 Approval of Consultant Agreements for As-Needed Storm Water Engineering Services with
D-Max Engineering, Inc., and Mikhail Ogawa Engineering Inc.
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1.18 Award of Contract for the Treatment Plant, Chemical Building and Tank Farm Upgrades
Project; Bid No. 19-022, J.R. Filanc Construction
2. ORDINANCE
None.
3. PUBLIC HEARING
3.1 Proposed Fiscal Year (FY) 2019-20 Comprehensive Financial Plan and Fiscal Forecast for
the General Fund
Mayor opened the public hearing at 7:06 p.m.
City Manager Chris Hazeltine introduced the item. Mr. Hazeltine provided a brief overview
of the annual budget explaining that the budget identifies Council priorities and initiatives
and also highlights issues that are on the horizon.
Assistant City Manager Wendy Kaserman presented an overview of revenues, expenditures
and pension costs.
Budget Administrator Alex Castanares presented information regarding changes to the non-
personnel budgets and fiscal forecasts.
Senior Civil Engineer Melody Rocco provided an overview of the current and upcoming
Capital Improvement Projects planned for Fiscal Year 2019-2020.
Brian Pepin, Budget Review Committee Chair, presented the Committee’s report and
discussed their recommendations for the FY 2019-2020 proposed financial program.
Speaker in Opposition: Chris Olps
Motioned by Deputy Mayor Grosch, seconded by Councilmember Frank to close the
public hearing at 8:01 p.m. Motion carried unanimously.
In response to Council inquiry, Assistant City Manager Wendy Kaserman explained that the
reason why the Redevelopment Property Tax Trust Fund (RPTTF) is not generating the
revenue it has in the past and not expected to in the future is that once payments are made
to obligations on the City’s Recognized Obligation Payment Schedule (R.O.P.S.), the
remainder of the funds are paid to taxing entities in the County based on a percentage. She
reminded the Council that Poway, in conjunction with several other cities in San Diego, is a
party to a lawsuit questioning the calculation of the administrative fee retained by the
County. The fee impacts funds distributed to Poway and other taxing entities.
In response to Council inquiry, City Attorney Alan Fenstermacher confirmed that the lawsuit
is in the court of appeals and the City of Poway is waiting for a hearing date.
At Council’s request, Director of Finance Donna Goldsmith explained that online sales taxes
are collected by the online company where the purchase is made from, then returned to a
County-wide pool. She stated that the sales tax would be distributed to the cities within the
County based on a proportionate share of what the actual in-city sales are. She further
explained that Poway benefits from this since the sales tax is based on point-of-sale sales
and receives approximately 2.4% of the County-wide pool. Sales tax numbers are received
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from the Cities sales tax consultant, HdL Companies, who works with the state agency to
ensure accurate sales tax payments. Ms. Kaserman added that part of the services provided
by the sales tax consultant include assisting with future revenue projections.
In response to Council inquiry, Ms. Kaserman said that there are two components to the
CalPERS rates which are normal cost and unfunded liability. She stated that employees
share in normal costs and they contribute an additional one percent toward the unfunded
liability. Classic employees are in either Tier 1 or Tier 2 within the PERS system; Tier 1 has
the richest retirement benefit formula and Tier 2 has a rich benefit, but not as rich as Tier 1.
She further added that in 2013, the California Public Employees’ Pension Reform Act
(PEPRA) was enacted in response to challenges with funding the pension system.
Employees who were hired after January 2013 are considered PEPRA Employees’ and
have significantly less retirement benefits than Tier 1 and Tier 2 employees. She explained
that the PEPRA Employees’ are paying half of the normal cost for the benefit and there isn’t
unfunded liability associated with the PEPRA Employees.
Motioned by Councilmember Mullin, seconded by Mayor Vaus to adopt Resolution
No. 19-035 entitled “A Resolution of the City Council of the City of Poway, California,
A Resolution of the City Council, Housing Authority, and Successor Agency to the
Poway Redevelopment Agency of the City of Poway, California, Approving and
Adopting the Annual Budget for the Fiscal Year 2019-20 and Appropriating the Funds
Necessary to Meet the Expenditure Set Forth Therein.” Motion carried unanimously.
4. STAFF REPORT
4.1 Espola Road Safety Improvements Project Update
Senior Civil Engineer Melody Rocco presented the report with a slideshow presentation.
Project Manager Dave Emerson with SDG&E was available to answer questions.
No speakers.
In response to Council question, Ms. Rocco confirmed that traffic control would be in place
for approximately six weeks this summer. She also stated that traffic control for the
remainder of the project would be intermittent.
In response to Council inquiry, Mr. Emerson confirmed that SDG&E will initiate the 20B
infrastructure installation, which will pose the toughest traffic control on Espola Road. He
stated that SDG&E will hold a pre-construction meeting which Cox Communication and
AT&T have been invited to attend.
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 — June 18, 2019
COUNCILMEMBER COMMITTEE REPORTS - Pursuant to AB1234 — G.C. §53232.3(d)
Councilmember Leonard complimented Deputy Chief Jon Canavan and Sheriff's Deputy Jess
Allensworth for the Active Shooter Training they hosted for the community.
Councilmember Frank announced that there was a community forum to be held at the Poway
library on Wednesday, June 26 at 6 p.m. regarding the San Diego Metropolitan Transit System
ballot initiative, ElevateSD 2020.
Mayor Vaus announced Director of Finance Donna Goldsmith's and Fire Chief Mark Sanchez'
retirement in July 2019 and thanked them for their years of service.
7. CITY MANAGER ITEMS
City Manager Chris Hazeltine announced that Aaron Beanan would be the new Director of
Finance, effective July 8, 2019.
8. CITY ATTORNEY ITEMS
8.1 Conference with Labor Negotiators
Government Code Section 54957.6
Designated City Representatives: Chris Hazeltine, Wendy Kaserman, Jodene Dunphy
Employee Organizations: Poway Firefighters' Association, Teamsters,
Management/Confidential Group
8.2 Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(d)(1)
One (1) case: City of Poway v. Raymond Breen
San Diego Superior Court Case No. 37-2019-00029745
At the request of City Attorney Alan Fenstermacher, Mayor Vaus adjourned the meeting into
Closed Session at 9:29 p.m.
City Council came out of Closed Session at 10:18 p.m. and City Attorney Fenstermacher
announced that there was no reportable action taken.
ADJOURNMENT
The meeting adjourned at 10:18 p.m.
Faviola Medina, CMC
City Clerk
City of Poway, California
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