2019 12-03CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
December 3, 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 John Mullin, Barry Leonard, Caylin Frank, Dave Grosch, Steve 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 Aaron Beanan; Human
Resources/Risk Management Director Jodene Dunphy; Public Works Director Eric Heidemann;
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.
MOMENT OF SILENCE
Mayor Vaus led a moment of silence.
PRESENTATION
Councilmember Leonard presented a Proclamation to Mental Health System Program Manager
Ron Stark and Poway High School's Friday Night Live Group in recognition of Drugged Driving
Prevention Month.
City Attorney Alan Fenstermacher explained that there would be an update on the City's water
services provided by Eric Heidemann that was a non-agenized item and per the Brown Act,
discussion, questions or action would not be allowed. Mr. Fenstermacher then introduced Director
of Public Works Eric Heidemann. Mr. Heidemann described the City's efforts to identify, isolate
and repair the water system. He provided a timeline of events as well as an overview of the
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City of Poway — Minutes — December 3, 2019
clearwell and surrounding infrastructure and described the investigation staff is conducting and
the issue they identified as likely causing the cross contamination. Mr. Heidemann explained
staff's efforts to mitigate the issue, as well as consulting with regional experts. He thanked the
residents and the businesses of Poway for their patience and appreciated their support of staff
who continues to work around the clock. He stated that the water boil advisory was still in effect
and that the City of Poway water continues to meet industry standard. Two certified test results
having shown the water was absent of bacteria. He added that the City continues to follow the
mandated state protocols for the precautionary water boil advisory and at that time did not have
a timeline of when the advisory would be lifted.
Council thanked the Public Works Department, the County Emergency Response Team (CERT),
the Red Cross, Poway Fire Department and other volunteers.
PUBLIC ORAL COMMUNICATIONS
Tom Farley spoke regarding his Christmas tree light display.
Peter Neild announced that Candy Cane Lane was open and thanked the City for their efforts
regarding the water boil advisory.
Jim Robinson with Ramona Municipal Water District offered their support to the City.
Yuri Bohlen suggested an independent study be conducted on the Clearwell.
Janet Lettang discussed Poway Center for the Performing Arts Workshop option 1 b.
Chris Olps requested more information regarding the water boil advisory.
John Carson thanked Eric Heidemann and the Public Works Staff for their efforts during the water
boil advisory and suggested that the City provide more updates.
Torrey Powers spoke regarding a resolution that was adopted by the Senate and requested its
adoption at a meeting.
Peter De Hoff commended the City of their response related to the water boil advisory.
Terri Sorenson thanked the City for their efforts during the water boil advisory.
1. CONSENT CALENDAR
Chris Olps requested that Item 1.8 be pulled for discussion and expressed that he doesn't think it
is the right time to award a raise to the City Manager.
Amit Asaravala requested that Item 1.8 be pulled for discussion and expressed that he doesn't
believe the raise is fiscally responsible.
Council comments ensued in support of approval of the Amendment to Employment Agreement
for the City Manager. Council stated that the increase in salary was not a cost of living increase,
but performance based. They explained that the City Manager has exceeded expectations and
compared to other City Managers in the County, was below median. Council clarified that the City
was now providing fair compensation to the City Manager based on his performance.
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City of Poway — Minutes — December 3, 2019
Motioned by Mayor Vaus, seconded by Councilmember Mullin to approve Consent
Calendar Items 1.1 through 1.8. 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 October 28, 2019 through November 1,
2019; and November 4, 2019 through November 8, 2019
1.3 Approval of the November 5, 2019 Regular City Council Meeting Minutes
1.4 Approval of Local Appointments List of City Council Appointed Committees for 2020
1.5 Second Reading and Adoption of Ordinance No. 832 entitled, "An Ordinance of the City
Council of the City of Poway, California, Amending Title 17 Chapter 17.30 of the Poway
Municipal Code Pertaining to Lighting of Recreational Courts (Zoning Ordinance
Amendment 19-002)"
1.6 Award of Contract to VIP Holdings, Inc., for Janitorial Services; RFP No. 20-006
1.7 Award of Contract to Commercial & Industrial Roofing Co. Inc. for As -Needed Roofing
Services; RFP No. 20-009
1.8 Adoption of Resolution No. 19-059 entitled, "A Resolution of the City Council of the City of
Poway, California, Approving the Management/Confidential Salary Schedule with the
Change in Salary for the City Manager," and Approval of Amendment to Employment
Agreement for the City Manager
2. ORDINANCE
2.1 First Reading of Ordinance Amending Chapter 2.18 (City Council Meetings)
City Attorney Alan Fenstermacher presented the report and stated that the Ordinance
amends Chapter 2.18 that updates the Poway Municipal Code (PMC). The amendments
would conform the text of the PMC, comply with the Brown Act, remove unnecessary
procedures and enact enforceable decorum rules.
Peter Neild indicated that the Council meetings should be open so residents can express
themselves and emotions be transmitted.
Yuri Bohlen expressed that the proposed Ordinance impedes freedom of speech.
Chris Olps expressed concern related to the enforcement of the Ordinance.
Council discussion ensued in support of the adoption of the Ordinance. Council explained
that the revisions to the Ordinance are in part to benefit the audience and to conduct the
meetings in a pleasant environment.
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City of Poway — Minutes — December 3, 2019
In response to Council inquiry, City Attorney Alan Fenstermacher stated that section
2.18.180(D)5 of the proposed ordinance allows any member of the Council to make a motion
to enforce the rules if the presiding officer was not enforcing the rules as intended.
As requested by the Mayor, City Clerk Medina titled the Ordinance.
Motioned by Councilmember Frank, seconded by Councilmember Leonard to
introduce Ordinance No. 833 entitled "An Ordinance of the City Council of the City of
Poway, California, Amending Chapter 2.18 of the Poway Municipal Code Relating to
City Council Meetings" and schedule adoption of the Ordinance for December 17,
2019. Motion carried unanimously by the following roll -call vote:
Ayes: Mullin, Leonard, Frank, Grosch, Vaus
Noes: None
Abstained: None
Absent: None
Disqualified: None
City Attorney Alan Fenstermacher explained that, pursuant to PMC section
2.18.100(D), abstentions are counted as affirmative votes, and the motion passed.
3. PUBLIC HEARING
3.1 First Reading of Ordinance Deleting Chapter 13.20 (Airports) of the Poway Municipal Code
and Amending Chapters 2.24 (Municipal Elections), 2.28 (Campaign Contributions and
Expenditures), and 17.40 (Comprehensive Sign Regulations)
The Mayor opened the public hearing at 8:02 p.m.
City Attorney Alan Fenstermacher stated that the proposed Ordinance is mainly aimed at
revisions to campaign contribution and expenditure provisions to be consistent with state
law, revise regulations regarding temporary political signs and the deletion of Chapter 13.20
which regulates airports. Mr. Fenstermacher explained that the only revision to Chapter 2.24
(Municipal Elections) corrects an incorrect reference to state law. Mr. Fenstermacher stated
that changes to Chapter 2.28.030 (Political Contributions Limit, Chapter 2.28.60 and
2.28.070 (Contribution and Expenditure Reporting Requirements) and Chapter 2.28.040
(Independent Expenditure Reporting) will change provisions to the state law thresholds and
will now allow the Fair Political Practices Commission (FPPC) to enforce any violations of
reporting requirements, except for the $250 contribution limit. Chapter 17.40.090(D)
(Temporary Signs) would allow signs to be located in the public right-of-way in single family
residential zones, require permission to place signs on private property and signs belonging
to serial violators will be held by the City for 15 days.
Speakers neutral to staff's recommendation: Chris Olps and Joel Bocanegra
Speakers in Opposition: Jonathan Ryan and Peter Neild
Motioned by Deputy Mayor Grosch, seconded by Councilmember Mullin to close the
public hearing at 8:16 p.m. Motion carried unanimously.
In response to Council inquiry, City Attorney Fenstermacher stated that campaign accounts
no longer need to be closed before the next election and office holder accounts are now
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City of Poway — Minutes — December 3, 2019
permitted. He explained that campaign funds can be transferred to a new account. Mr.
Fenstermacher further explained that office holder accounts are used to defer expenses
incurred in the office and those funds can come from funds rolled over from the campaign
account or contributions into the office holder account.
Mr. Fenstermacher stated that there was a clean-up change to be read into the record
regarding intent of the temporary sign was to allow signs in the public right of way in
residential zones only. The change is to Section 11 (D) after the words Notwithstanding the
foregoing, "in areas of the City zoned RR -A through RR -C and RS -1 through RS -7,..."
As requested by the Mayor, City Clerk Medina titled the Ordinance.
Motioned by Mayor Vaus, seconded by Councilmember Frank to introduce Ordinance
No. 834 entitled "An Ordinance of the City Council of the City of Poway, California,
Rescinding Chapter 13.20 (Airports) And Amending Chapters 2.24 (Municipal
Elections), 2.28 (Campaign Contribution And Expenditures) and 17.40
(Comprehensive Sign Regulations) of the Poway Municipal Code" and schedule
adoption of the Ordinance for December 17, 2019. Motion carried by the following
roll -call vote:
Ayes: Mullin, Leonard, Frank, Grosch, Vaus
Noes: None
Abstained: None
Absent: None
Disqualified: None
3.2 First Reading of Ordinance Amending Poway Municipal Code (PMC) Chapters 15.02, 15.04,
15.08, 15.10, 15.12, 15.16, 15.18, 15.19, 15.21, 15.22, 15.23, and 15.24, adopting by
reference the 2019 California Building Standards Codes, which includes the 2019 California
Administrative Code, the 2019 California Building Code, the 2019 California Residential
Code, the 2019 California Electrical Code, the 2019 California Mechanical Code, the 2019
California Plumbing Code, the 2019 California Energy Code, the 2019 California Historical
Building Code, the 2019 California Fire Code, the 2019 California Existing Building Code,
the 2019 California Green Building Standards Code, and the 2019 Referenced Standards
Code with Local Amendments
The Mayor opened the public hearing at 8:32 p.m.
City Planner David De Vries presented the report. Mr. De Vries stated that the California
Building Standards Code is published by the California Building Standards Commission
every three years to include fire, building, electrical, residential, plumbing, mechanical,
energy, and green building standards which the City then adopts by reference in Title 15 of
the Poway Municipal Code.
No speakers.
Motioned by Councilmember Leonard, seconded by Deputy Mayor Grosch to close
the public hearing at 8:36 p.m. Motion carried unanimously.
In response to Council inquiry, SafeBuilt Director of Operations Bill Elizarraras explained
that the state is now requiring larger, two by six framing in order to be able to install thicker
insulation in the walls.
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City of Poway — Minutes — December 3, 2019
As requested by the Mayor, City Clerk Medina titled the Ordinance.
Motioned by Councilmember Mullin, seconded by Deputy Mayor Grosch to introduce
Ordinance No. 835 entitled "An Ordinance of the City Council of the City of Poway,
California, Amending Poway Municipal Code, Chapters 15.02, 15.04, 15.08, 15.10,
15.12, 15.16, 15.18, 15.19, 15.21, 15.22, 15.23, 15.24, Adopting by Reference the 2019
California Administrative Code, the 2019 California Building Standards Codes, which
Includes the 2019 California Building Code, the 2019 California Residential Code, the
2019 California Electrical Code, the 2019 California Mechanical Code, the 2019
California Plumbing Code, the 2019 California Energy Code, the 2019 California
Historical Building Code, the 2019 California Fire Code, the 2019 California Existing
Building Code, the 2019 California Green Building Standards Code, and 2019
Referenced Standards Code with Local Amendments" and schedule adoption of the
Ordinance for December 17, 2019. Motion carried by the following roll -call vote:
Ayes: Frank, Grosch
Noes: Vaus
Abstained: Mullin, Leonard
Absent: None
Disqualified: None
City Attorney Alan Fenstermacher explained that, pursuant to PMC section
2.18.100(D), abstentions are counted as affirmative votes, and the motion passed.
3.3 General Plan Amendment 19-002 and Zone Change 19-002; A Request to Change the
General Plan Land Use Designation and Zoning Designation of Parcels, or Portions Thereof,
to the Open Space Resource Management Zoning Designation
The Mayor opened the public hearing at 8:49 p.m.
Senior Planner Austin Silva presented the report. Mr. Silva stated that the City Council
adopted the Poway Subarea Habitat Conservation Plan (HCP) in order to preserve and
protect biologically sensitive, threatened, and endangered plant and animal species and
their habitat. He explained that when a property owner develops within the HCP, they are
required to mitigate for any Toss of habitat and most property owners reserve an
undeveloped portion of their parcel through a Biological Conservation Easement (BCE)
which are then redesignated to Open Space -Resource Management (OS -RM).
Submitted a speaker slip in Opposition but did not speak: Fred Huang
Speakers neutral to staff's recommendation: Charles Cohen
Motioned by Councilmember Leonard, seconded by Councilmember Mullin to close
the public hearing at 8:53 p.m. Motion carried unanimously.
In response to Council inquiry, Director of Development Services Bob Manis explained that
one of the parcels listed, APN 277-201-11 was removed from the Resolution and Ordinance
in order to look into it further.
As requested by the Mayor, City Clerk Medina titled the Ordinance.
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City of Poway — Minutes — December 3, 2019
Motioned by Deputy Mayor Grosch, seconded by Councilmember Leonard to adopt
Resolution No. P-19-15 entitled "A Resolution of the City Council of the City of Poway,
California, Amending the Land Use Element of The General Plan of The City of Poway
General Plan Amendment 19-002," and introduce Ordinance No. 836 entitled "An
Ordinance of the City Council of the City of Poway, California, Changing the Zoning
Classification of Certain Properties (ZC19-002)" and schedule adoption of the
Ordinance for December 17, 2019. Motion carried by the following roll -call vote:
Ayes: Mullin, Leonard, Frank, Grosch, Vaus
Noes: None
Abstained: None
Absent: None
Disqualified: None
3.4 Adoption of Ordinance Amending Title 17 of the Poway Municipal Code (PMC) Amending
Accessory Dwelling Unit Regulations; Zoning Ordinance Amendment (ZOA) 19-003
The Mayor opened the public hearing at 8:59 p.m.
City Planner David De Vries presented the report. Mr. De Vries reported that the ordinance
amends the Poway Municipal Code to incorporate new State -required regulations for
accessory dwelling units (ADUs) which would be in effect January 2, 2020.
Speakers neutral to staff's recommendation: Amit Asaravala
In response to Council's request for clarification, Mr. De Vries explained that Californians
for Home Owners Association disputed the proposal to require a one-year lease for ADUs,
therefore the ordinance has been amended to require a 30 -day lease with additional
changes to PMC sections 17.08.180(A)(2), 17.08.180(A)(5), 17.08.180(A)(8),
17.08.180(A)(10), 17.08.180(A)(12), 17.08.180(B)(1), 17.08.180(D) and 17.08.180(E)(2)(f)
as reflected in the revised ordinance language.
Motioned by Councilmember Leonard, seconded by Councilmember Mullin to close
the public hearing at 9:08 p.m. Motion carried unanimously.
In response to Council inquiry, Mr. De Vries stated that a detached ADU and an attached
junior additional dwelling unit (JADU) is permissible on one single-family residential lot
provided the height of the ADU does not exceed 16 feet and the floor area does not exceed
800 square feet and either the JADU or the primary dwelling is owner -occupied and the
building envelope for the primary dwelling can't exceed 150 square feet to accommodate
the JADU. Mr. De Vries explained that if there is an existing, unpermitted ADU in a single-
family residence that is determined not to be a life safety concern, the City must inform the
resident of a five-year delay in code compliance that would allow them the use of the
unpermitted ADU for five years.
Mr. De Vries explained that the State prohibits the City from requiring a height restriction of
less than 16 feet, but it can be higher, therefore the City will be allowing the ADU to exceed
16 feet if the residence has a second story. Director of Development Services Bob Manis
provided further clarification and explained that a second story is not possible with the height
requirement of 16 feet.
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City of Poway — Minutes — December 3, 2019
In response to Council inquiry, City Attorney Alan Fenstermacher stated that the City can
no longer require detached ADUs to be owner occupied and can be rented out. If there is a
JADU, the City can require it to be owner occupied restricted, to require owner occupancy
of one of the dwelling units.
As requested by the Mayor, City Clerk Medina titled the Ordinance.
Motioned by Councilmember Mullin, seconded by Councilmember Frank to introduce
Ordinance No. 837 entitled "An Ordinance of the City of Poway, California, Amending
Title 17 of the Poway Municipal Code Amending Regulations for Accessory Buildings,
Including Accessory Dwelling Units (Zoning Ordinance Amendment 19-003)" and
schedule adoption of the Ordinance for December 17, 2019. Motion carried by the
following roll -call vote:
Ayes: Mullin, Frank
Noes: Leonard, Grosch
Abstained: Vaus
Absent: None
Disqualified: None
City Attorney Alan Fenstermacher explained that, pursuant to PMC section
2.18.100(D), abstentions are counted as affirmative votes, and the motion passed.
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.
COUNCILMEMBER COMMITTEE REPORTS - Pursuant to AB1234 — G.C. §53232.3(d)
STEVE VAUS
6.1 Selection of Deputy Mayor 2020
Mayor Vaus appointed Councilmember Caylin Frank to serve as Deputy Mayor for 2020.
6.2 Request for Council Concurrence of Appointments to Council Regional Agencies' Boards,
Commissions and Committees
1. San Diego Division League of California Cities
2. Metropolitan Transit District (MTS)
3. San Diego Association of Governments Board (SANDAG)
4. Metro Wastewater Commission/JPA
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City of Poway — Minutes — December 3, 2019
5. San Dieguito RiverPark JPA
6. City of Poway/PUSD Joint Use Subcommittee for Interjurisdictional Cooperation
7. Regional Solid Waste Association (RSWA)
8. Goodan Ranch Policy Committee
Council concurred to make the following appointments to the various regional agencies'
Boards, Commissions, and Committees:
1. San Diego Division, League of California Cities
a. Primary — Caylin Frank
b. 1st Alternate — Dave Grosch
2. Metropolitan Transit System (MTS)
a. Primary — Caylin Frank
b. i st Alternate — John Mullin
3. San Diego Association of Governments Board (SANDAG)
a. Primary — Steve Vaus
b. 1st Alternate — John Mullin
c. 2nd Alternate — Caylin Frank
4. Metro Wastewater Commission/JPA
a. Primary — John Mullin
b. 1st Alternate — Director of Public Works
5. San Dieguito RiverPark JPA
a. Primary — Dave Grosch
b. 1st Alternate — Barry Leonard
6. City of Poway/PUSD Joint Use Subcommittee for Interjurisdictional Cooperation
a. Primary — Barry Leonard
b. 1st Alternate — Caylin Frank
7. Regional Solid Waste Association (RSWA)
a. Primary — Dave Grosch
b. 1st Alternate — John Mullin
8. Goodan Ranch Policy Committee
a. Primary — Barry Leonard
b. 1st Alternate — Community Services Manager
7. CITY MANAGER ITEMS
City Manager Chris Hazeltine thanked Council for their feedback regarding his performance
evaluation and voiced his enthusiasm for being part of the Poway team.
8. CITY ATTORNEY ITEMS
None.
ADJOURNMENT
The meeting adjourned at 9:08 p.m.
0730
Faviola v e- ina, CMC
City Clerk
City of Powy, California