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Item 1.3 - Approval of Meeting MinutesOF POW 9f T y tiF ,00 THE cl- DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: January 21, 2014 APPROVED APPROVED AS AMENDED ❑ (SEE MINUTES) DENIED ❑ REMOVED ❑ CONTINUED Resolution No. Honorable Mayor and Members,of the City Council Penny Riley, City Manager. `ffi Sheila R. Cobian, City Clerk )P Approval of Minutes The Minutes of the January 7, 2014, Regular Meeting of the Poway City Council are attached for approval. 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 of the January 7, 2014, Regular Meeting of the Poway City Council as submitted. Fiscal Impact: None. Environmental Review: Environmental review is not required according to CEQA guidelines. Public Notification: None. 1 of 9 January 21, 2014, Item #1.3 CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES January 7, 2014 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 ORDERi Mayor Hi gg mson called the Regular Meetin tIoo order at 7:00 p mt ; lifli ROLL CALL Cunningham, Vaus Mullin,,, Grosch Hi inso lu! ;t STAFF MEMBERS PRESENT , Penny Riley, City Manager; Tina Sheila Cobian, City Clerk; Robin Director of Develc Edwards, Director Services; Captain E (Note Hereinafter the Manager, . Citk Ittorn indicate4 Mavoryb!i° Services; 'Le; Administrative onahue :Sheriff's Attorney /Counsel, City Cle'rW� PLEDGE OF ALLEGIANCE Cub Scout Pack #627— Wo Colors. PRESENTATIONS stant City =Manager: Michael Reid, Attorney; hill rector of Comrnunity Services; Bob Manis, Browder Directorrl of Public Works, Scott ices, Mark Sanchez, Director of Safety parfinent Vy Mayor; c Councilmember, City Manager, Assistant City Id Directordtof ,Administrative Services shall be used to Mayor%Vice T "Chair, Councilmember /Director, City ,nt City'IManager /Assistant Executive Director, City ;and Director of Administrative Services/Finance Officer.) n #4 led the Pledge of Allegiance and presentation of Mayor Higginson presented the Mayor's Award to Bill Berghoff in recognition of Sportsplex USA of Poway's 20 year partnership with the City of Poway. Mr. Berghoff thanked the Council for the recognition and the opportunity to partner with the City for the past 20 years. 9839 2 of 9 January 21, 2014 Item #1.3 City of Poway — Minutes — January 7, 2014 Mayor Higginson gave an overview of the many projects that retiring City Manager Penny Riley was responsible for throughout her career. He also commented that her ability to comprehend and implement the vision of the City Council is a unique trait in an individual and that she excels in that area. He presented her with a plaque and a bouquet of flowers for her 25 years of service to the City of Poway. City Manager Riley expressed her appreciation for the privilege of working for the City of Poway. She thanked Council for their clear policy direction throughout her career. Councilmember Cunningham commented that Manager Riley epitomizes passion, intelligence and grace and that she always reflects a great1Ii"ght on the City of Poway. Councilmember Vaus thanked Manager Riley for e,erything she has done for the City. Councilmember Mullin commented that Manager Riley is always able to maintain sight of long term goals while handling the day;to day operationslof the City. He also expressed his admiration for her ability rfto hire, develop antls retain quality staff members. `'I'ii�. ,3iii►�i. 411), "lliii a�i iliIp 111111 Deputy Mayor Grosch stated thatlManager Riley isalways professional, knowledgeable and an asset to the City of Poway. �I ' None. CONSENT CALENDAR (Approved by Ro Motion by #C�ounciil2memberlC�rnninggha approve Consents Calendar, Items 1.1 fr1 1" ' „le a, 1.5 removed. Motion carried by4he foil �ja Ayes: Cunningham, Noes. None psi I Vote) {conded by Councilmember Mullin to 1.4 and 1.6 through 1.13 with Item g roll -call vote: Vaus, Mullin, Grosch, Higginson Absent: None 1.1 Approval of Reading byTitle only and Waiver of Reading in full of Ordinances on Agenda. Ii 4 1.2 Ratification /Approval of Warrant Registers for the periods of November 4 through November 8, 2013, November 11 through November 15, 2013, November 18 through November 22, 2013, November 25 through November 29, 2013 and December 2 through December 6, 2013. (0475 -20) 1.3 Approval of the Regular City Council Meeting Minutes of November 19 and December 3, 2013 and the Special City Council Meeting Minutes of December 16, 2013. 9840 3 of 9 January 21, 2014 Item #1.3 City of Poway — Minutes — January 7, 2014 1.4 Award of Contract to Agricultural Pest Services Inc., for Pest Control Maintenance Services, RFP 14 -002. (0700 -10) DeteGt*OR MeniteF6 in the ameunt ef $111,755.70 from 00 REMOVED ITEM '• 1.6 Acceptance of the Sports Court Resurfacing Project, from Trueline as complete; Authorize the City Clerk to file and record the Notice, of Completion; Authorize the release of the Retention in the amount of $2,356f 1if 0 encumbered, 45 days after City Council acceptance; Release the Bond for,,Mat�erial and Labor in the amount of bags �a.a $47,120 after the release of retention;, a d1, . �1'Retain the Bond for Faithful Performance for a period of one year, Bid �Noii14 -001. (0700 -10) 1.7 Acceptance of City Facilities Pail in 2013/2014 aP raject, from Anemos Enterprises, Inc., as complete; Authoriz -the City Clerk to file a nd record the Notice of Completion; Authorize the release of -the Retention in the amount of $5,345, 45 � days after City Council acceptance; Release,the Bond for Material and Labor in the amount of $80,700; and, ReiiITT, =the Bond for Fa thful Performance for a period of one year, RFB 13 -018. �# ' 3 (0700 -10) 1.8 Acceptance of Pubic Improvements f6rilthe, Goldstein Sewer Connection (S112- 002), as coin lete Authorize thelr releaseE .ofthe Performance Security in the amount of $8 646, Release the Payrngenti Security n, the amount of $4,323; and, Retain the Warranty Sec6 ritzy in the iamount of $8- 6460 for a period of one year. WIT (0200 -50) , 1 ,;�: CI�lg � 1, 1.9 Acceptancer,of lPublic,lmproveme,nts,� for ithe Goldstein Fire Hydrant and Trail Project (W113 O.O Ir), as, c�ompI te; g��Authorize the release of the Performance g�rr�r �� Security in the amour t of $1'1,213; Release the Payment Security in the amount of $5,60,Oi,and, Retain the Warranty,, Security in the amount of $1,122 for a period of Ili (0200 -50) one year,.£. gr i 1.10 Acceptance of I" 'sprovements for the Chinmaya Mission Spiritual Center Project (W110-00110 complete; Authorize the release of the Performance Bond in the amount of $11141180; Release the Payment Security in the amount of $7,090; and, Retain the Warranty Security in the amount of $9,137.80 for a period of one year. (0210 -30) 1.11 Approval of Records Management Policy and Retention Schedule. (0170- 70/90) 1.12 Approval of Contract with South Coast Fire Equipment Inc., to replace a damaged fire pumper apparatus. (0700 -10) 9841 4 of 9 January 21, 2014 Item #1.3 City of Poway — Minutes — January 7, 2014 1.13 Second Reading and Adoption of Ordinance 758 entitled, "An Ordinance of the City of Poway, California, Approving Specific Plan Amendment 13 -003 to the South Poway Specific Plan Changing the Land Use Designation from Light Industrial to Light Industrial- Storage on a 2.19 -Acre Site Located at 13250 Kirkham Way." 2. ORDINANCE (Ordinance(s) that do not require a Public Hearing - e.g. First Reading of an Ordinance). 2.1 None. (See items 3.1, 3.2 and 3.3) 3. PUBLIC HEARINGS 3.1 Adoption of Ordinance Amending Code. Director of Safety Services Mark San Motion by Councilmembdti to close the public hearing Ordinance No. 756 entitled Repealing Chapter Chapter 15.24 Reg the 2013 Californi; Certain AmendmI unanimously.li ingham uct a s 15.24 of thet F i riling the F!o Fire Code 'z ,ntsl,11 3Additio 3.2 Adoption of Ordinance Y Uri' Interface (WiU :) C Direc rof_Safety Ser�c ding Ma a `'Municipal 166de, Chapter 15.24 Fire (0360 -90) ave an,oyerview of 4,6,, item. g j} pip seconded by Councilmember Vaus econdir�eading by title only and adopt inance ofthe City of Poway, California, ay, Municip'a4' ode and Adopting a New Fire.Code, which adopts by Reference thet �,�r °2012International Fire Code with 9nd Deletions." Motion carried lilt, iyMunicipal Code, Chapter 15.05 Wildland ly� (0360 -90) hez reviewed the staff report. Motion by CoIuncilmeffiber Vaus, seconded by Councilmember Mullin to close the pubii� hearing, conduct a second reading by title only and adopt Ordinance No. 757 =entitled "An Ordinance of the City of Poway, California, Repealing Chapte'r'115.05 of the Poway Municipal Code and Adopting a New Chapter 15.05 Regarding the Poway Wildland -Urban Interface Code, which adopts by Reference the International Wildland -Urban Interface Code, 2012 Edition, with Certain Amendments, Additions and Deletions." Motion carried unanimously. 9842 5 of 9 January 21, 2014 Item #1.3 City of Poway — Minutes — January 7, 2014 3.3 First Reading of Ordinances of the City of Poway, California, Repealing Poway Municipal Code (PMC) Chapters 15.04, 15.08, 15.10, 15.12, 15.16, 15.18, and 15.22, and Adding New Chapters 15.04, 15.08, 15.10, 15.12, 15.16, 15.18, and 15.22 to the PMC, Adopting by Reference the 2013 California Building Standards Codes, which includes the 2013 California Building Code, the 2013 California Electrical Code, the 2013 California Residential Code, the 2013 California Plumbing Code, the 2013 California Mechanical Code, the 2013 California Energy Code, and the 2013 California Green Building Standards Code. (0810 -90) City Planner Rich Whipple reviewed the staff report , Mr. Whipple explained that due to a recent bulletin issued by the California ppuUding Standards Commission F.` (CBSC) pertaining to the effective date of certainprovisions of.the 2013 California Energy Code and 2013 California Green�Blding Standards Code, staff recommends the withdrawal of the two Orghh5tes pertaining to those Codes Motion by Mayor Higginson, secon'ded'`by CouncilmeiW# public hearing, and introduce Ordinance No. 759 entitle njjrl the City of Poway, California, Repealing Chapter 1 Municipal Code and Adopting a NewiiX19t °1d3', 1 California Building Standards, Incorpor California Building Code, 201,3Ecfition "; an Introduce Ordina California, Rep 'ie Adopting a'i�Ne Standards, Incioi Code, 2013 Editia Intr#tlauce'0 California, Adopting a nce No. 760 "entitled 11111111. 13 ling Chapter 11t5.08 Chapter 15.08111Re ,porating r, by Refe�r�e in , arp nce� iV sling "I i, ICha Standards, Incorpor Code,s201a3 Edition "; ce Mullin to close the t `.`An Ordinance of 4a of the Poway iapte'r' 15.04, Regarding the 2013 iting by Reference Therein the d;l, i Ordiniance of the City of Poway, the Poway Municipal Code and ingthe 2013 California Building Therein the California Electrical o. 761 entitled, ,An Ordinance of the City of Poway, Chapter 15 110 � of the Poway Municipal Code and pteri1115.10, Regarding the 2013 California Building ng byliR,eference Therein the California Residential ref Introduce Wdinance No! 762 entitled, "An Ordinance of-the City of Poway, California, Re�pealingChapter 15.12 of the Poway Municipal Code and Adopting a New?Ch`apter 15.12, Regarding the 2013 California Building Standards, Incorporating by Reference Therein the California Plumbing Code, 2013 Edition "; and, Introduce Ordinance No. 763 entitled, "An Ordinance of the City of Poway, California, Repealing Chapter 15.16 of the Poway Municipal Code and Adopting a New Chapter 15.16, Regarding the 2013 California Building Standards, Incorporating by Reference, Therein the California Mechanical Code, 2013 Edition." Motion carried unanimously. 9843 6 of 9 January 21, 2014 Item #1.3 City of Poway — Minutes — January 7, 2014 Council unanimously concurred to continue to a future date the consideration of the following Ordinances: Ordinance No. 764 entitled, "An Ordinance of the City of Poway, California, Repealing Chapter 15.18 of the Poway Municipal Code and Adopting a New Chapter 15.18, Regarding the 2013 California Building Standards, Incorporating by Reference Therein the California Energy Code, 2013 Edition "; and, Ordinance No. 765 entitled, "An Ordinance of the City of Poway, California, Repealing Chapter 15.22 of the Poway Municipa( Code and Adopting a New Chapter 15.22, Regarding the 2013 California Building Standards, Incorporating by Reference Therein the Californxia Green Building Standards Code, 2013 Edition." 4. STAFF REPORTS'' 4.1 Approval of Agreement for Interim City_ Manager between ,the; City of Poway and Tina M. White. (0700 -10) s= a City Manager Penny Riley gave an overviewof the components of ;the staff report and agreement. Hilt i `° obt Council discussion ensued regrding their appreciation for Ms. White's willingness to serve as Interim City Managero.i Motion by Councilmember Cunningham sec'on'ded by Councilmember Mullin X1$3 :A to approve th'e; Agreement for Interim City Manager between the City of Poway and Ti'naj M. White effective v January 25, 2014. Motion carried unanimously. 4.2 Appfp>val of �a Lesolution Finding and =Declaring the Existence of an Emergency within the City ofi;Po�way d0 a to a Hydraulic Fluid Spill into the Poway Creek and Suspending the Notice and`Bidding Requirements in Connection with the Required � Ez9 '�11 a 'Mfli Cleanup (Requires four -fifths vote of City Council) (0700 -10) Public Works Director Leah Browder presented the staff report. d ',: In responseto an inquiry from Councilmember Cunningham, Ms. Browder explained that tfefleq'upment responsible for the leak was rented and that upon delivery to the C4,111' aintenance became the City's responsibility. She further explained that staff is . working with the City's Finance department to see what insurance reimbursements the City might receive for the expenses incurred. Motion by Councilmember Vaus, seconded by Councilmember Mullin to adopt Resolution No. 14 -003 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Waiver of the Formal Bid Process for Emergency Cleanup of a Hydraulic Fluid Spill in the Poway Creek "; and Authorizing the City Manager to execute the necessary documents. Motion carried unanimously. 9844 7 of 9 January 21, 2014 Item #1.3 City of Poway — Minutes — January 7, 2014 5. WORKSHOP 5.1 None. 6. CITY MANAGER ITEMS City Manager Riley commented that on January 2, 2014 Poway's first baby was born at Pomerado Hospital. 7. CITY ATTORNEY ITEMS 7.1 CLOSED SESSION CONFERENCE WITH LEGAL COUNS Initiation of litigation pursuant to paragr, 54956.9: One (1) potential case. 111111i; 8. MAYOR AND CITY COUNCIL - INITIATED Councilmember Cunningham l = #m 8.1 "Hike, Bike and Ride across Poway report). Councilmembe°r1'Cu Council Meeting., Councilmember Cur 11. I� 11fit ,3 � 3 Winter Festival CA! January 11, 201i4�at 1. ilia Councilmember Vaus 1 it Councilmember Vaus opportunity atLake Pc .gr 8.2 Discuss Holding a,Cc 2014 -2015 Budget.'° , _ ANTICIRATED LITIGATION ` (4) of subdivision (d) of Section TEMS £i - Review of a Poway Trail Segment (verbal }qg¢ $§ (1020 -70) 5��•�� 3 ki.iiiTi 33. am coNf inued�,the item Ito the January 21, 2014 City harn'i,encourage1d members of the public to attend the on s8h,eduled4f6r Friday, January 10 and Saturday, unity Park +i imented that perhaps there is a revenue generating if the City pursues parking fees during the off season. nity Meeting Prior to Consideration of the Fiscal Year Councilmember Vaus requested that the City Council consider holding a Workshop or Town Hall style meeting to give the community an opportunity to ask questions regarding the City's budget prior to the Public Hearing in June. Council discussion ensued regarding their support for holding a Community Meeting. 9845 8 of 9 January 21, 2014 Item #1.3 City of Poway — Minutes — January 7, 2014 Councilmember Mullin - No report given. Deputy Mayor Grosch Deputy Mayor Grosch spoke about the successful Christmas in the Park event in December. Mayor Higginson Mayor Higginson also encouraged the community to come out to the Winter Festival event on Friday or Saturday.�a =illi' CLOSED SESSION As requested by Attorney Michael Reid, Council adjourned into .Closed Session at 7:55 p m. to discuss the followin g' CONFERENCE WITH LEGAL COUNSEL # ANTICIPATED LITIjGATION Initiation of litigation pursuant to paragraph l(4) oftsubdivision (d)iof:Section 54956.9: One (1) potential case. I illi�siill� ���, The Closed Session convened at 7:58 p.rn?and concl tided at 8 :17 p.m. Attorney Reid announced)'tha County in a lawsuitl'agai�nst the the County's calculation of Rei of pass- through pay`rnents to Council's approval also - incluc Angeles, Califo'rnial., tokreprese cities, dad includes authorizai necessarylto pa The Regular 9of9 Jan e the City.1 Councillapprovedijoining other cities in the jounty ofkSan Diego and pother taxing entities regarding velopment@ Property Tax Trust Fund payments, in light Pie County) Fschools, and other taxing entities. The 5e gaging they law firm of Colantuono & Levin, Los the C °ity11,of,, Povvay along with other San Diego County n� for th6`11(i � Manager to execute such agreements osecution of this litigation. 7, 2014 was adjourned at 8:18 p.m. Sheila R. Cobian, CIVIC City Clerk City of Poway, California 9846 January 21, 2014 Item #1.3