Item 1.3 - Approval of Minutes(F)
DATE:
TO:
FROM:
SUBJECT:
Summary:
City of Poway
COUNCIL AGENDA REPORT
August 15, 2017
APPROVED
❑
APPROVED AS AMENDED
❑
(SEE MINUTES)
DENIED
❑
REMOVED
❑
CONTINUED
Resolution No.
Honorable Mayor and Members of the City Council
Nancy Neufeld, City Clerk —*i/
(858) 668-4535 or nneufeld(cDPoway. org
Approval of Minutes
The City Council Meeting Minutes submitted hereto for approval are:
July 18, 2017 Regular City Council Meeting Minutes
The Poway City Council sits as the Poway Planning Commission, the Poway Housing
Authority, the Public Financing Authority, and the Successor Agency to the Poway
Redevelopment Agency.
Recommended Action:
It is recommended that the City Council approve the Minutes as submitted.
Public Notification:
None.
Attachments:
A. July 18, 2017 Regular City Council Meeting Minutes
Reviewed/Approved By: Reviewed By: Approved By:
Wendy Kaserman Morgan Foley Tina M. White
Assistant City Manager City Attorney City Manager
1 of 8 August 15, 2017, Item #1.3
NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting.
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
July 18, 2017
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 Cunningham, Grosch, Mullin, Leonard, Vaus
STAFF MEMBERS PRESENT
City Manager Tina White; Assistant City Manager Wendy Kaserman; City Attorney Morgan L.
Foley; City Clerk Nancy Neufeld; Community Services Director Robin Bettin; Development
Services Director Bob Manis; Acting Director of Finance Peter Moote; Public Works Director
Michael Obermiller; Fire Chief Mark Sanchez; Captain Todd Richardson, Sheriff's Department.
(Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City
Manager, City Attorney, City Clerk and Director of Administrative Services 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 Administrative Services/Finance Officer.)
PLEDGE OF ALLEGIANCE
Deputy Mayor Leonard introduced the Boy Scouts from Troop 644 to lead the pledge of
allegiance.
PRESENTATION
Mayor Vaus presented Deputy Arthur Horst with a plaque in recognition of being selected as the
Poway Sheriff's Station Deputy of the Month for June.
Mayor Vaus presented a certificate from the Safewise Organization recognizing Poway as one of
California's Safest Cities to Captain Todd Richardson on behalf of the entire Poway Sheriff's
Substation team.
Mayor Vaus presented a Certificate of Recognition and Mayor's Medallion to Pomerado
Elementary School student Paul Burnett, for his generosity and enterprising ingenuity in
fundraising, and Kamden Houshan, for his persevering spirit in the face of adversity.
2 of 8 August 15, 2017, Item #1.3
Page 1
City of Poway — Minutes — July 18, 2017
PUBLIC ORAL COMMUNICATIONS
Lynne Keane, representing Poway Alano Club, spoke regarding leasing arrangements for Big
Stone Lodge.
Nancy Jelaty thanked city staff for responding so quickly to the Twin Peaks Road restriping
change and a clean-up for a recent asphalt spill.
Lynette Perkes spoke regarding Poway Road Corridor Study and opposes the draft Poway Road
Specific Plan.
James Kreifeldt spoke regarding Veterans Housing and requested Council find a suitable location
for such housing in the Poway Road Corridor.
1. CONSENT CALENDAR (Approved By Roll Call Vote)
Motioned by Councilmember Cunningham, seconded by Councilmember Mullin to approve
Consent Calendar items 1.1 through 1.11. Motion carried by the following roll -call vote:
Ayes: Cunningham, Grosch, Mullin, Leonard, 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/Approval of Warrant Registers for the periods of May 29 through June 2, 2017,
June 5 through June 9, June 12 through June 16 and June 19 through June 23, 2017.
1.3 Additional Items for Boiler Replacement for 1907 Baldwin Steam Locomotive.
1.4 Adoption of Resolution No. 17-041 entitled "A Resolution of the City Council of the City of
Poway, California, Authorizing the Destruction of Certain Documents in the City Clerk's
Office, Community Services, Development Services, Finance, Human Resources, Public
Works and Safety Services."
1.5 Adoption of Resolution No. 17-042 entitled "A Resolution of the City Council of the City of
Poway, California, Authorizing the Updating of the Emergency Operations Plan and
Emergency Operations Center Handbook."
1.6 Adoption of Resolution No. 17-043 entitled "A Resolution of the City Council of the City of
Poway, California, Supporting the San Diego County Water Authority's Long -Term Water
Supply Plan and Litigation Against the Metropolitan Water District of Southern California."
Councilmember Cunningham commented on Item 1.6 and expressed his strong support for
the San Diego County Water Authority's litigation against the Metropolitan Water District of
Southern California.
1.7 Acceptance of the FY 16/17 ADA Barrier Removal — Lake Poway Restroom Project; Bid No.
17-012.
1.8 Approval of Agreements with Invoice Cloud, Inc. and Selectron Technologies, Inc. for Utility
Bill Electronic Payment Services and Interactive Voice Response (IVR) Services.
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City of Poway — Minutes — July 18, 2017
1.9 Adoption of Resolution No. 17-044 entitled "A Resolution of the City Council of the City of
Poway, California, Proclaiming the Termination of Waiver of the Formal Bid Process for
Emergency Repair of the Boiler Loop Under City Hall."
1.10 Adoption of Resolution No. 17-045 entitled "A Resolution of the City Council of the City of
Poway, California, Establishing an All -Way Stop Control at the Intersection of Alora Street
and Los Olivos Avenue."
1.11 Report of Emergency Repair Expenditures Pertaining to the 2017 Winter Storm Event Made
Under Authority of Resolution No. 17-004 Adopted on January 24, 2017.
2. ORDINANCE
None.
3. PUBLIC HEARING
3.1 Resolution to Initiate Procedures for Establishing and Implementing By -District Elections for
City Council Members.
City Attorney Morgan Foley stated the proposed change to the at -large method of electing
members to the City Council is in response to a demand letter received from attorney Kevin
Shenkman with the Law Firm of Shenkman and Hughes. Mr. Shenkman alleges that the
City's at -large method of electing members of the City Council violates the California Voting
Rights Act (CVRA). The correspondence demanded that the City Council voluntarily change
the method of electing its Councilmembers from at -large elections to district elections and
threatened to file a lawsuit against the City if the City Council does not meet his demand.
Mr. Foley then introduced John Ramirez, Attorney from Rutan and Tucker, LLP and Justin
Levitt, Demographer from National Demographics Corporation.
John Ramirez, Rutan and Tucker, LLP, outlined the legal process for the conversion to by -
district system and discussed the laws and provisions governing the CVRA. Mr. Ramirez
stated that adoption of a resolution to initiate the procedures was the first step in a series of
public hearings to establish criteria and provide public input in establishing four council
district maps.
City Attorney Foley stated that the resolution sets forth the proposed public hearing dates
as August 1, August 8, August 18, and August 31, 2017.
The following speakers addressed the Council:
Speaker in Support: Pete Babich.
Speaker in Opposition: Peter DeHoff.
Neutral Speaker Thomas Bradley.
Submitted a speaker slip in support but did not speak: Derrick Martin.
Council comments and questions ensued.
In response to Council inquiries, Mr. Ramirez stated that the safe harbor provision allows
for a 90 -day process for agencies to switch from an at -large system to a by -district system
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City of Poway — Minutes — July 18, 2017
without the threat of a lawsuit during that period. He explained that the adoption of a
resolution to initiate the process and calendar of tentative timelines is the first step under
the safe harbor provision. Mr. Ramirez explained that the state mandate under CVRA would
supersede if the public voted to overturn by -district elections in the future.
Following discussion, Council: concurred that a change to by -district elections was the only
alternative in that no jurisdiction has prevailed in their lawsuits; expressed concern that the
state mandate was diluting the concept of local control for Council representation of the
entire City; and that the Council wanted to emphasize the process would be transparent with
public input as a key component to ensure a smooth transition.
Motioned by Mayor Vaus, seconded by Councilmember Grosch to close the public
hearing, authorize an appropriation from General Fund unappropriated balance (100-
8912) in the amount of $41,500, and adopt Resolution No. 17-046 entitled "A
Resolution of the City Council of the City of Poway, California, Expressing the City
Council's Intention, Pursuant to Elections Code Section 10010(e)(3)(A), to Initiate
Procedures for Establishing and Implementing By -District Elections for City Council
Members." Motion carried unanimously.
3.2 Minor Conditional Use Permit (MCUP) 17-004: a proposal to add eight lights to a tennis
court that was recently approved for construction, located at 18701 Heritage Drive.
Associate Planner Carol Rosas presented the report along with a PowerPoint presentation
outlining the conditions of approval.
No Speakers.
Motioned by Councilmember Cunningham, seconded by Councilmember Grosch to
close the public hearing and adopt Resolution No. P-17-11 entitled "A Resolution of
the City Council of the City of Poway, California, Approving Minor Conditional Use
Permit 17-004 Assessor's Parcel Number 277-220-32." Motion carried unanimously.
3.3 Minor Development Review Application 16-050, Variance 16-005 and Underground Waiver
17-002: a request to construct a single-family residence and to allow a detached garage to
encroach into the front and side yard setbacks at 18116 Old Coach Road.
Associate Planner Oda Audish presented the report along with a PowerPoint presentation
to discuss the project site and proposed project development.
No Speakers.
Council comments and questions ensued.
In response to Council inquiry, Ms. Audish stated that a biological conservation easement
allows access to the area, however, restricts development that would destroy the natural
habitat.
Motioned by Councilmember Cunningham, seconded by Councilmember Mullin to
close the public hearing and adopt Resolution No. P-17-12 entitled "A Resolution of
the City Council of the City of Poway, California, Approving Minor Development
Review Application 16-050, Variance 16-005 and Underground Wavier 17-002
Assessor's Parcel Number 277-010-15." Motion carried unanimously.
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City of Poway — Minutes — July 18, 2017
Mayor Vaus announced that he was disqualified from voting on Item 3.4 due to a conflict of
interest, owning property within 500 feet of the assessment area, and left the dais at 8:05
p. M.
3.4 Resolution Renewing the Via Del Toro Water Line Improvement Assessments to be
Collected on the Property Tax Rolls for Fiscal Year 2017-18.
Acting Finance Director Peter Moote provided a brief overview of the report.
No Speakers.
Councilmember Cunningham announced that he would recuse himself from voting on
Item 3.4, as he resides within close proximity of the assessment area.
Motioned by Councilmember Mullin, seconded by Councilmember Grosch to close
the public hearing, receive the report and adopt Resolution No. 17-047 "A Resolution
of The City Council of the City of Poway, California, Renewing the Water Line
Improvement Assessments to Be Collected on The Property Tax Rolls for Fiscal Year
2017-18." Motion carried 3/0, with Councilmember Cunningham abstaining and
Mayor Vaus disqualified.
Mayor Vaus returned to the dais at 8:08 p.m.
3.5 Resolution Renewing the Welton Lane Water and Sewer Improvement Assessments to be
Collected on the Property Tax Rolls for Fiscal Year 2017-2018.
Acting Finance Director Peter Moote provided a brief overview of the report.
No Speakers.
Motioned by Deputy Mayor Leonard, seconded by Councilmember Mullin to close the
public hearing and adopt Resolution No. 17-048 entitled "A Resolution of the City
Council of the City of Poway, California, Renewing the Water and Sewer Improvement
Assessments to be Collected on the Property Tax Roll for Fiscal Year 2017-18."
Motion carried unanimously.
4. STAFF REPORT
4.1 Environmental Assessment and Minor Development Review Application (MDRA) 14-036: A
request to construct an addition to an existing residence at 16290 Rostrata Hill Road,
convert an existing garage to a guest house, and construct a new garage with workout room.
Associate Planner Oda Audish presented the report along with a PowerPoint presentation.
Ms. Audish stated that the structure complies with all building standards. A minor
development review is required due to the proximity to other archeological sites and
monitoring will lessen significant archeological impacts. The study has been submitted to
the State Clearing House and to the San Diego Historical society.
No Speakers.
Council comments and questions ensued.
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City of Poway — Minutes — July 18, 2017
In response to Council inquiry, Development Services Director Bob Manis stated that the
property owner has complied with the conditions of their approved home occupation permit.
Motioned by Councilmember Mullin, seconded by Councilmember Cunningham to
adopt Resolution No. P-17-13 entitled "A Resolution of the City Council of the City of
Poway, California, Adopting a Mitigated Negative Declaration for Minor Development
Review Application 14-036 Assessor's Parcel Number: 275-712-10," and Resolution
No. P-17-14 entitled "A Resolution of the City Council of the City of Poway, California,
Approving Minor Development Review Application 14-036 Assessor's Parcel
Number: 275-712-10." Motion carried unanimously.
4.2 Acceptance of City Clerk's Certification of Initiative Petition entitled "An Initiative to Amend
the City of Poway General Plan to Add the Stoneridge Overlay Zone, and to Amend the
Zoning and General Plan Land Use Map of the City of Poway to Redesignate a Portion of
the Stoneridge Country Club from Open Space -Recreation to Residential Condominium with
the Stoneridge Overlay Zone" and Adoption of Resolutions Calling for a Special Municipal
Election to be held November 7, 2017, Requesting Consolidation Services from the County
Board of Supervisors, and Providing for the Filing of Rebuttal Arguments.
City Attorney Morgan Foley reported that the San Diego County Registrar of Voters
conducted the signature verification process for the citizens' initiative petition pertaining to
the Stoneridge Country Club proposed land use amendments and certified that there were
no less than 15% of signatures of registered voters. Mr. Foley stated that the petition has
qualified for a special election to be held as the proposed changes in land use designation
and zoning are subject to the provisions of Proposition FF, Ordinance 283.
Council comments and questions ensued.
Speaker in Support: Sara Ellis, Roni Hicks & Associates, representing Stoneridge Country
Club property owner, stated that the invoice for the estimated cost of the special election
will be paid by the property owner and should be sent to No Stone Left Unturned, LLC.
Motioned by Councilmember Cunningham, seconded by Councilmember Grosch to
accept the Certification of Sufficiency, immediately order a special election, to be held
pursuant to subdivision (a) of Elections Code section 1405, at which the ordinance,
without alteration, shall be submitted to a vote of the voters of the City, and adopt:
Resolution No. 17-049 entitled "A Resolution of the City Council of the City of Poway,
California, calling for the Holding of a Special Municipal Election to be Held on
Tuesday, November 7, 2017, for the Submission of a Proposed Ordinance;"
Resolution No. 17-050 entitled "A Resolution of the City Council of the City of Poway,
California, Requesting the Board of Supervisors of the County of San Diego to Render
Specified Services to the City Relating to the Conduct of a Special Municipal Election
to be Held on Tuesday, November 7, 2017;" and
Resolution No. 17-051 entitled "A Resolution of the City Council of the City of Poway,
California, Providing for the Filing of Rebuttal Arguments for City Measures
Submitted at Municipal Elections." Motion carried unanimously.
4.3 Status Update for the Espola Road Safety Improvements Project.
Senior Civil Engineer Taryn Kjolsing presented the report along with a PowerPoint
presentation to discuss updates on the remaining signatures required for the easements,
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City of Poway — Minutes — July 18, 2017
status of design plans for the pathway improvements and a timeline for the project which
includes construction beginning January 2018.
Speakers in Support: Stephen Lawless and Derrick Martin. Speakers commented regarding
re -design options.
Council comments and questions ensued in support of the project and whether the project
would need to be redesigned, or eminent domain could be pursued, if the remaining
easements needed to complete the project are not signed.
In response to Council questions Mr. Foley outlined options the Council could consider in
order to best serve the needs of the City for completion of the project.
Director of Development Services Bob Manis informed Council that staff will return to
Council at the August 15 Council meeting for direction regarding whether eminent domain
or redesign should be pursued if easements are not finalized by that date.
Council received the report and no action was taken
S. 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.
JIM CUNNINGHAM
6.1 MTS Update
Councilmember Cunningham gave an update on the Metropolitan Transit System and stated that
MTS is facing a $2 million -dollar deficit and are restructuring service routes affecting Poway.
Councilmember Cunningham stated that he will continue to represent the transit needs of the City
as MTS considers service level cutbacks.
7. CITY MANAGER ITEMS
None.
8. CITY ATTORNEY ITEMS
None.
ADJOURNMENT
The meeting was adjourned at 9:06 p.m.
Nancy Neufeld, CMC
City Clerk
City of Poway, California
8 of 8 August 15, 2017, Item #1.3