2020 10-06CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
October 6, 2020
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, Dave Grosch, Caylin Frank, Steve Vaus
STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan
Fenstermacher; City Clerk Vaida Pavolas; Development Services Director Bob Manis; Finance
Director Aaron Beanan; Public Works Director Eric Heidemann; Fire Chief Jon Canavan; Captain
Dave Schaller, 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 Frank led the Pledge of Allegiance.
MOMENT OF SILENCE
Mayor Vaus led a moment of silence.
At this time, Mayor Vaus announced that Item 12 would be continued to the Regular City Council
Meeting of October 20, 2020.
PRESENTATIONS
None.
0840
City of Poway — Minutes — October 6, 2020
PUBLIC COMMENT
Michael Rennie, via teleconference, spoke regarding Poway Onstage Arts in Education program
and shared the new no -cost virtual field trip program for students and families.
Kathleen Lippitt submitted email correspondence and spoke via teleconference in support of the
ban on flavored tobacco products.
CONSENT CALENDAR
Motioned by Councilmember Leonard, seconded by Deputy Mayor Frank to approve
Consent Calendar Items 1 through 8. Motion carried by the following roll -call vote:
Ayes: Mullin, Leonard, Grosch, Frank, Vaus
Noes: None
Abstained: None
Absent: None
Disqualified: None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the September 1, 2020 Regular City Council Meeting Minutes
3. Adoption of Resolution No. 20-079 entitled "A Resolution of the City Council of the City of
Poway, California, Finding and Declaring the Continued Existence of an Emergency within
the City due to the Novel Coronavirus (COVID-19) Global Pandemic"
4. Approval of Agreement with AARC Consultants, LLC for Preparation of the Risk and
Resilience Assessment and Emergency Response Plan, RFP No. 21-009
5. Award of Agreement to Woodard & Curran, Inc. for Preparation of the 2020 Urban Water
Management Plan, RFP No. 21-004
6. Award of Bid to Knorr Inc. for Pool Maintenance Agreement, RFP No. 21-006
7. Adoption of Resolution No. 20-080 entitled "A Resolution of the City Council of the City of
Poway, California, Authorizing the Submittal of an Application for Grant Funds for the Highway
Safety Improvement Program (HSIP)"; and Resolution No. 20-081 entitled "A Resolution of
the City Council of the City of Poway, California, Authorizing the Submittal of an Application
for Grant Funds for the Local Roadway Safety Plan (LRSP) Program"
8. Adoption of Resolution No. 20-082 entitled "A Resolution of the City Council of the City of
Poway, California, Appointing a Director and Alternate(s) to the Board of Directors of the
California Joint Powers Insurance Authority (JPIA) and Repealing Resolution No. 09-043"
ORDINANCES FOR INTRODUCTION
None.
0841
City of Poway — Minutes — October 6, 2020
ORDINANCES FOR ADOPTION
9. Second Reading and Adoption of Ordinance No. 844 entitled "An Ordinance of the City
Council of the City of Poway, California, Amending Sections 8.68.130, 8.68.145, 8.68.155,
and 8.68.170 of Chapter 8.68 (Solid Waste Management) of the Poway Municipal Code"
No speakers.
Motioned by Mayor Vaus, seconded by Councilmember Grosch to adopt Ordinance No.
844 entitled "An Ordinance of the City Council of the City of Poway, California,
Amending Sections 8.68.130, 8.68.145, 8.68.155, and 8.68.170 of Chapter 8.68 (Solid
Waste Management) of the Poway Municipal Code." Motion carried by the following
roll -call vote:
Ayes: Mullin, Leonard, Grosch, Frank, Vaus
Noes: None
Abstained: None
Absent: None
Disqualified: None
PUBLIC HEARINGS
10. Resolution Confirming and Authorizing Recovery of Costs Incurred to Abate Public Nuisance
at 14441 Range Park Road
Mayor opened the public hearing at 7:11 p.m.
Mr. Fenstermacher announced that the property owner requested a continuance of the public
hearing. No motion was made by the Council to grant the continuance.
City Attorney Alan Fenstermacher presented the report along with a PowerPoint presentation
showing photos of the public nuisance related to the accumulation of junk. Mr. Fenstermacher
explained that the City Attorney's Office obtained an inspection and abatement warrant after
extensive efforts to achieve voluntary compliance. He added that the property owners brought
the property into reasonable compliance with the Stipulated Judgement and Poway Municipal
Code following the issuance of the warrant. Mr. Fenstermacher concluded that the City was
entitled to recover the costs incurred to abate the nuisance because the City was forced to
obtain a warrant to induce compliance.
In response to Council's inquiry and written public comments, Mr. Fenstermacher clarified that
a public hearing is required to confirm costs related to a public nuisance and that the Brown
Act specifically prohibits this item to be considered in a closed session.
Michael Rothbart, property owner, spoke via teleconference regarding his efforts to work with
the City to comply with the Stipulated Judgement and bring the property into compliance over
the years. Mr. Rothbart expressed concerns with the total costs to be recovered and the use
of drones used to take photos of his property.
Greg Minshell, Lynne Floto, Debi Supergan and Yuri Bohlen, via teleconference, spoke in
opposition to staff's recommendation.
0842
City of Poway — Minutes — October 6, 2020
In regards to drone photos, Mr. Fenstermacher explained that the drone photos submitted to
the City were not basis for the investigation and that onsite inspections were conducted to
verify the condition of the property.
Mayor closed the public hearing at 7:40 p.m.
In response to Council's inquiry, Mr. Fenstermacher clarified that, if the amount is not paid in
full, the total amount will be placed as a special assessment on the property tax rolls.
Council expressed concerns with staff's extensive efforts to achieve compliance over the
years and that the property owner only came into substantial compliance after the issuance
of the inspection and abatement warrant. Council discussion included modifying the cost
recovery to full amount, half, or one-third of the total costs to be placed on the property tax
rolls and holding the remaining balance in abeyance to encourage continued compliance.
Motioned by Mayor Vaus to adopt Resolution No. 20-083 entitled "A Resolution of the
City Council of the City of Poway, California, Confirming and Authorizing Recovery of
the Costs Incurred to Abate a Public Nuisance at 14441 Range Park Road" modifying
the amount to recover and collect to one-third the total costs ($4,455.75) and hold the
remaining two-thirds of the total amount ($8,911.48) in abeyance pursuant to the
conditions set forth in the modified Resolution. Motion carried unanimously.
STAFF REPORTS
11. Development Review (DR) 20-008, a request to modify the exterior facade of the former Atlas
Market building and adjacent storefront spaces of the Twin Peaks Plaza shopping center at
14721-14905 Pomerado Road
Director of Development Services Bob Manis clarified that Council is only considering
modifications to the exterior facade of the shopping center and that the new tenant must
comply with the use and zoning requirements associated with the center.
Associate Planner Scott Nespor presented the report along with a PowerPoint presentation.
Mr. Nespor explained that the proposed design complies with the City's General Plan and
Municipal Code. He highlighted that the remodel included a modern boxy facade and would
replace the Roman columns with square pillars. Mr. Nespor added that it will use earth tones
and retain the living wall feature to the right of the grocery store space.
Patrick Conway, Vice President of Regency Center explained that the tenant has signed a
lease to occupy the former Atlas Market but cannot yet disclose the name of the new business.
Mr. Conway added that the new tenant will be a state-of-the-art grocer.
The following speakers submitted email correspondence in support of the proposed remodel:
Kim and Andrew MacDonald, Jeniffer Ulrich, Annalisa Parker, Patti Hime, Greg West, John
Lingham, John Crosser, Teresita Pfarr, Nichele McCague, Steve Eggers, and Kyle Laferriere.
Dan Krall submitted email correspondence expressing concerns for a delivery etc.
Council discussion ensued in support of the remodel and the proposed design to enhance the
center.
0843
City of Poway — Minutes — October 6, 2020
Motioned by Mayor Vaus, seconded by Councilmember Mullin, to adopt Resolution No.
20-084 entitled "A Resolution of the City Council of the City of Poway, California,
Approving Development Review 20-008 for the Modification of the Exterior Facade of
the Secondary Major Tenant Building and Adjacent Storefront Spaces at the Twin
Peaks Plaza Shopping Center located at 14721-14905 Pomerado Road; Assessor Parcel
Numbers 314-710-30, 314-710-32, 314-710-37, 314-710-36, and 314-710-38." Motion
carried unanimously.
Item 12 was removed from the agenda and continued to the October 20, 2020 Regular City
Council Meeting.
13. Authorization to Purchase a Vacuum/Jet-Rod Truck by Cooperative Purchase Agreement and
a Passenger Van through Informal Bid
Senior Management Analyst Izzy Murguia presented the report.
No speakers.
Council expressed appreciation for purchasing from a local dealership.
In response to Council's inquiry, Mr. Beanan clarified that the City plans for the replacement
of its vehicles by annually setting aside a portion of the anticipated replacement costs. He
added that sufficient funds were included as part of the Capital Replacement Equipment Fund
for the Fiscal Year 2020-21.
Motioned by Councilmember Mullin, seconded by Councilmember Leonard, to
authorize the purchase of a Vacuum/Jet-Rod Stormwater/Sewer Pipe Cleaning and
Excavation Truck in the amount of $527,220.88 from Haaker Equipment Company,
through a Sourcewell Cooperative Purchasing Agreement and a Passenger Van in the
amount of $31,920.90 from Poway Chrysler Dodge Jeep Ram through an informal bid
process for a total estimated cost of $559,141.78, and authorize the City Manager to
execute any necessary documents.
WORKSHOPS
None.
COUNCIL -INITIATED ITEMS
14. Partner with Poway Unified School District to Facilitate Distance Learning
Mayor Vaus presented the item for Council's consideration. Mayor Vaus explained that based
on data received from Poway Unified School District (PUSD) there are 200 City of Poway
families who do not have Internet access to participate in distance learning. Mayor added that
he was proposing to use CDBG-CV funds to provide 200 low-income families with portable
hot -spots and one year of dedicated Internet access to facilitate distance learning.
Assi Friedman submitted email correspondence in opposition to the proposed partnership and
suggested that AT&T become an Internet provider in Poway's jurisdiction.
0844
City of Poway — Minutes — October 6, 2020
Chris Olps, via teleconference, spoke regarding internet and Wi-Fi devices that are already
being supplied to families through the County Office of Education.
In response to public comment, Mayor Vaus explained that through conversation with PUSD's
Associate Superintendent of Technology and Innovation Dr. Jennifer Burks, she confirmed
that there was not enough funding from the County for all PUSD students and that there were
200 Poway families still in need of support.
Council expressed support for the initiative.
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank, to direct staff to partner
with PUSD and to use CDBG-CV funds to support the provision of internet access, so
distance learning leaves no family behind. Motion carried unanimously.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C.
53232(d))
The Mayor and Council made announcements and reported on various events taking place in the
City. No action was taken.
Councilmember Mullin reported on a recent Metro Wastewater Committee meeting.
Councilmember Grosch gave an update on the recent meetings of the San Dieguito Riverpark
JPA and Regional Solid Waste Association (RSWA).
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
None.
ADJOURNMENT
The meeting adjourned at 8:47 p.m.
Le.. NA
Va da Pavy.las, CMC
City Clerk
City of Poway, California
0845