03-18-14 Agenda PacketCity of Poway-City Council Agenda-March 18, 2014
1. CONSENT CALENDAR (Approved By Roll Call Vote)
The Consent Calendar may be enacted in one motion by the Council without discussion
unless a Councilmember, a member of the public, or City staff requests that an item be
removed for discussion .
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 February 3 through
February 7 , 2014 and February 10 through February 14, 2014 .
1.3 Approval of the Special City Council Meeting Minutes of February 18, 2014 and the
Regular City Council Meeting Minutes of February 18, 2014 and March 4 , 2014 .
1.4 Approval of a resolution entitled , "A Resolution of the City Council of the City of
Poway, California, Approving the Implementation of a Retirement Health Savings
Plan for Non-Safety and Management/Confidential Employees."
1.5 Award of Contract to Southwest Pipeline & Trenchless Corp ., Bid No . 14-010 the
lowest responsible bidder for the FY 12/13 Reline/Replace Sewer Pipelines
Project, in the amount of $204 ,881 .00 .
1.6 Award of Contract to Palm Engineering Construction Co. Inc, Bid No. 14-009 the
lowest responsible bidder for the Oak Knoll Sewer Siphon Air Jumper Project, in
the amount of $249 ,240.00 .
1.7 Approval of Temporary Sewer Connection for Property located on Belvedere Drive ,
APN: 323-010-20 .
1.8 Approval of 2013 Annual Report -Implementation Status of the City of Poway
General Plan .
1.9 Final Report of Emergency Clean-up Expenditures Pertain i ng to Hydraulic Fluid
Spill into the Poway Creek made under authority of Resolution No. 14-003 adopted
on January 7 , 2014 ; and , Adoption of a Resolution Rescinding Resolution No. 14-
003 Regarding Emergency Waiving of Notice and Bidding Requirement.
(Requires four-fifths vote of City Council)
1.10 Second Reading and Adoption of Ordinance No. 767 entitled , "An Ordinance of the
City of Poway, California, Approving Specific Plan Amendment 13-006 Amending
Section IV.C .8 and Table 1 in Chapter 4 of the South Poway Specific Plan
Development Standards, Volume 2 Regarding Outdoor Storage within the South
Poway Specific Plan Area ."
Page 2
City of Poway-City Council Agenda-March 18, 2014
1.11 Second Reading and Adoption of Ordinance 768 entitled , "An Ordinance of the
City of Poway, California , Amending Chapter 17.40 of Title 17 (Zo ning) of the
Poway Municipal Code Pertaining to Signs (Zoning Ordinance Amendment 14-
001)."
2. ORDINANCE
2 .1 None .
3. PUBLIC HEARING
3.1 None.
4. STAFF REPORT
4 .1 None .
5. WORKSHOP
5.1 Discussion of Water Issues in the Old Coach Estates Neighborhood.
City Manager Recommendation: Receive and File Report .
6. CITY MANAGER ITEMS
7. CITY ATTORNEY ITEMS
8. MAYOR AND CITY COUNCIL-INITIATED ITEMS
JIM CUNNINGHAM
8.1 Metropolitan Transit Systems (MTS) Board Update (verbal report).
STEVE VAUS
JOHN MULLIN
DAVE GROSCH
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City of Poway-City Counci l Agenda -March 18, 2014
D O N HI GGIN SO N
8.2 Request Co un cil co nc urrence of appointment to t he Budget Review Committee as
nomin ated by:
Mayor Higginson:
Steven Stone to the Budget Review Committee
Mayor's Recommendation :
appointments will co nti nu e.
Concur with appointment. All other prior
ADJOURNMENT
The Poway City Council welcomes you and encourages your continued
interest and involvement in the City's decision-making process.
The City of Poway complies with the Americans with Disabilities Act. Upon request this
agenda will be made available in appropriate alternative formats to persons with disabilities
as required by section 202 of the American with Disabilities Act of 1990. Any person with a
disability who requires a modification or accommodation in order to participate in a
meeting should direct such request to the City Clerk's Office at 858-668-4530 at least
State of California
County of San Diego
24 hours before the meeti ng, if possible.
)
) ss.
)
AFFIDAVIT OF POSTING
I, Sheila R. Cobian, City Clerk of the City of Poway, hereby declare under penalty of perjury that
this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and
provided on March 13, 2014, at 3:30p.m. Said meeting to be held at 7:00p.m., March 18, 2014,
in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice
was posted on the Bulletin Board at the entrance to City Hall.
=~ ~ Qa. CoRx ~
Sheila R. Cobian, CMC, City Clerk
Page 4
5 of 15
City of Poway-Minutes-February 18, 2014
on file in the Office of the City Clerk), Marcia DeRuntz, Bob Barrie, Edward Michell,
Roger Hort, Michael Binder, De/ora Fletcher, Peter MacKauf, Chuck Cross, Duane
Lilien, Arthur Lilien, Jerry Smith, Pete Babich, Pam Moore, Charles Hume, Tom
Moore, Bart Tuttle, Wayne Zimmerman, Henry Richter, Don Zech, Richard Norton and
Gisela Koestner.
Speaker with Neutral Position: Claudia Adams.
Submitted a Speaker Slip in Opposition but Did Not LILI<:;;""'"'··· Brian Tagg, W.J. Slagle,
Barbara Dawson, Conny Parkurst, Gary Riddle, Gary Kent, Martin
Leblang, Ted Medin, Gayle Olson, John Tyson, , Dan Phillips, Mark
Schlesinger, Glen Peterson, Ted Morange, Arthur Johnson, Jeariene
Bacon, Howard Groveman, Jackie Groveman Thompson, David
Haessig, Anne Geeding, Bruce Kripton, Ketley, Luz
Peschina, Lucia Hort, Lance Gardeski, Rich
Maca/off, John McNelly, Timothy Teri Bloom,
Joan Hogentogler, Julie Ashley, Johnson,
John Rotondi, Steve Stipp, Tom Martin, Clugston,
Harry Hodges, Jerry Carter, Steve
Mayor Higginson declared a
order at 9:26 p.m. with all Cou
meeting was called back to
Council member
revised HAM
and Restricti
ordinance,
radio operators
impacts of the proposed
n;::o•;,vv•a ons' Covenants, Conditions
Communications Commission (FCC) does
within a community subject to CC&R's
llation M radio antenna. Therefore, any dispute
installation at a home governed by CC&R's would ·not be
Ordinance either.
ham uested that staff gather data relating to the impacts
property values if possible.
ngham also commented that perhaps as part of the proposed
such as a fee exemption could be provided for those HAM
rticipating in emergency services or CERT type programs.
In response to an inquiry from Councilmember Cunningham, Director Manis explained
that the permitting cost of a Minor Conditional Use Permit (MCUP) for the installation
of a HAM radio antenna is currently $1,542. He further explained that the City uses a
standard submittal package for many types of permit applications including the MCUP
for a HAM radio antenna.
9862
March 18, 2014 Item# 1.3
6 of 15
City of Poway-Minutes-February 18, 2014
In response to Councilmember Cunningham, City Attorney Foley explained that the
FCC requires that local government provide reasonable accommodations to allow
HAM radio operators to utilize their radio equipment. He further explained that the
FCC states local government shall regulate the use as minimally and practicable as
necessary.
Councilmember Cunningham confirmed that staff plans to develop specific criteria that
will be used when applicants request to install an antenna that is higher than what is
allowable by the proposed ordinance.
Councilmember Vaus asked if there
television antennas.
to the installation of
Director Manis responded that television a
Municipal Code.
Councilmember Vaus spoke in s ,
requirements for HAM radio antenna
In response to an inquiry
additional permit requiremen
the potential impacts to neig
provision requi
install and m
when the
consistent
, Director Manis explained that
nnas in excess of 50 feet due to
reposed Ordinance include a
s an HAM radio license in order to
Also, that an installed antenna be removed
the residence.
need to review any proposed regulation
io license in order to have a radio antenna.
ed with City Attorney Foley the FCC does not regulate
ased on hobby use versus public safety use.
area.
inquired if the 65 feet height of a HAM radio antenna, as
mmunity as being necessary for effective communication, is
mmunication needs or for reaching outside of the San Diego
City Attorney Foley stated that he believed the rationale for 65 feet radio antennas, as
presented by the HAM radio community, would allow the operators to reach the 90
percent effective use threshold.
Councilmember Mullin commented that he would be in favor of establishing a limited
Minor Development Review Application (MORA) process, rather than the cumbersome
process currently in place.
9863
March 18, 2014 Item# 1.3
1.
City of Poway -Minutes -March 4, 2014
Mayor Higginson presented a Proclamation to Sherrie Rubin, Director of Hope2Gether
Foundation in Recognition of Prescription Drug Abuse Awareness Month, March 2014.
San Diego County Water Authority (SDCWA) Vice Chair Mark Weston provided a report
regarding the area water supply.
Councilmember Cunningham confirmed with Vice Chair Weston that although the
region received rain over the past week, a severe drought condition still exists.
In response to an inquiry from Councilmember Cunning
explained that if the SDCWA and its member agencies
Metropolitan Water District, any settlement funds would
agency.
Councilmember Mullin asked what the
desalination plant is operational.
Vice Chair Weston explained that rates
explained that many member agencies have
in anticipation of the cost escalation.
In response to Deputy Mayor G
percent of the water usage by rate
Mayor Higginson than
Vice Chair Weston
1n the lawsuit against
· nded to each member
e further
that currently 50 to 70
needs.
ingham, seconded by Councilmember Vaus to
.1 through 1.7. Motion carried by the following
Cunningham, Vaus, Mullin, Grosch, Higginson
None
None
Mullin (on Item 1.3 only)
Councilmember Mullin was disqualified on Item 1.3 due to a potential conflict of
interest.
1.1 Approval of Reading by Title only and Waiver of Reading in full of Ordinances on
Agenda.
10 of 15
9867
March 18, 2014 Item # 1.3
City of Poway-Minutes-March 4, 2014
1.2 Ratification/Approval of Warrant Registers for the periods of January 20 through
January 24, 2014 and January 27 through January 31, 2014.
1.3 Acceptance of the General Construction Project, Bid No. 13-021, from Nuera
Contracting & Consulting LP, as complete; Authorize the City Clerk to file and
record the Notice of Completion; Authorize the release of the retention in the
amount of $12,392.20, if unencumbered, 45 days after City Council acceptance;
Release the Bond for Material and Labor in the amount of $280,086.95 and retain
the Bond for Faithful Performance for a period of one year.
1.4 Acceptance of the 2013-2014 Street Maintenance P
VSS International, Inc., as complete; Authorize the
Notice of Completion; Authorize the release of
$56,456.83, if unencumbered, 45 days after C
id No. 13-016, from
to file and record the
tion in the amount of
ptance; Release the
retain the Bond Bond for Material and Labor in the amount
for Faithful Performance for a period of
1.5 Award of Contract to Willdan Fina
Special Districts and Fire Protection S
rocess for
1.6 Approval of Agreement nclnAI<:><:>n Inc., for
1.7
3.1
11 of 15
ticketing software at the
and Tab
Standards,
Plan Area."
Hydraulic Fluid Spill into
. 14-003. (Requires four-
Specific Plan Amendment 13-006, A City-initiated
y Specific Plan relating to Outdoor Storage; and,
inance entitled, "An Ordinance of the City of Poway,
c Plan Amendment 13-006 Amending Section IV.C.8
r 4 of the South Poway Specific Plan Development
Regarding Outdoor Storage within the South Poway Specific
Development Services Director Bob Manis presented the staff report along with a
PowerPoint presentation.
Speakers in Support: Eric Dye and Ted T chang.
Speakers with Neutral Position: David Griffin, Patrice Suberlak and Dee
Fleischman.
9868
March 18, 2014 Item # 1.3
City of Poway-Minutes-March 4, 2014
Councilmember Cunningham also announced that the San Diego Padres will be
hosting a Poway Day at Petco Park and that he is scheduled to be the guest
announcer at that game.
8.2 Metropolitan Transit Systems (MTS) Board Update (verbal report).
Councilmember Cunningham announced the MTS Board voted to increase
service to Poway and now provides express service from the center of Poway to
the new Sabre Springs Transit Center.
Councilmember Vaus
8.3 Discussion of the City's Home Occupation Perm·
Council concurred to direct staff to return
City's Home Occupation Permit and Associ
·ated Fees.
ns regarding the
Councilmember Vaus requested
prepare and present an agenda item
amendment to the Poway Municipal
and the associated fees. He sugges
· rect staff to
a possible
Home Occ on Permits
home-based businesses by ng the
City should encourage small
a permit and fee process.
Councilmember Mullin com
for the permits; however, wou
pportive of the fee waiver
it process so that staff
pations. could continue to
he would like to receive additional
from the stakeholders and Chamber of
uggested staff provide information relating to what
ing in regards to home occupations and the potential
if the permit fee is waived.
have staff return with an agenda report at a later date
tion Permits and their associated fees.
Deputy Mayor Grose
Deputy Mayor Grosch announced he had attended a Bunko fundraiser in support
of the Senior Center on Sunday, March 2, 2014.
Mayor Higginson
14 of 15
Mayor Higginson announced he had the privilege of riding in the first vehicle
driven into the new Sabre Springs transit center garage.
9871
March 18,2014 Item# 1.3