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Item 1.3 - Approval of MinutesG`t { OF POLY 9 J /N THE eCO DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: u of Poway ;COUNCIL AGENDA REPORT March 18, 2014 APPROVED APPROVED AS AMENDED ❑ (SEE MINUTES) DENIED ❑ REMOVED ❑ CONTINUED Resolution No. Honorable Mayor and Members of the City Council Tina M. White, Interim City Manager Sheila R. Cobian, City Clerk Approval of Minutes The Minutes of the February 18, 2014, Special Meeting of the Poway City Council and the February 18, 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 February 18, 2014, Special Meeting of the Poway City Council and the February 18, 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. Attachments: A. February 18, 2014, Special Meeting Minutes B. February 18, 2014, Regular Meeting Minutes 1 of 9 March 18, 2014, 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 SPECIAL MEETING MINUTES February 18, 2014 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City Council /Poway Housing Authority /Planning Commission /Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER Mayor Higginson called the Special Meeting to o ROLL CALL Cunningham, Vaus, M STAFF MEMBERS PRESENT City Manager Tina W CLOSED SESSION PUBLIC EMPLOYMEI Title: City Manager And CONFERENCE WITH Agency designatedrel City Atto� ey, Teri'Bld Unrepresented emplo! City Council came of report on the Close( Council Meeting at 7 at 6:59 p.m. Clerk Sheila m City Manager, Morgan L. Foley, Session at 6:58 p.m. City Attorney Foley stated he would utters under City Attorney Item during the Regular City February 18, 2014. The Special Meeting was adjourned Sheila R. Cobian, CIVIC City Clerk City of Poway, California 9858 2 of 9 Attachment A March 18, 2014, 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 February 18, 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 Authority and Successor Agency to the Poway Rede CALL TO ORDER Mayor Higginson called the Regular Meeting tger at 7:04 p.m. ROLL CALL Cunningham, Vaus, Mullin;'Gosch;H'igginson STAFF MEMBERS PRESENT Tina White, Interim City Mana Clerk; Robin Bettin, /D.',, ect Development Services, Leah Director of Safety,,Services; Ca (Note: Hereinafter the fit Manager, CiMWIAI ttorney, indicate �Mavor/ %hair, Attorney /Counsel, City , /iii.. _ Authority /Public Financing ger; Morgan L Foley , ity „Attorney; Sheila Cobian, City V/, /N or of Community Services, Bob Manis, Director of %Browder, %/ irector of Public Works; Mark Sanchez, RRE /. ptain Bill Donahue, Sheriffs Department. ,,,,,,. %Deputy %Mayor,ouncilmember, City Manager, Assistant City % Y irk and YEN/ 7/ Administrative Services shall be used to ty Mayor/Vice Chair, Councilmember /Director, City ssistant City Manager /Assistant Executive Director, City etary and Director of Administrative Services/Finance Officer.) Deputy Mayor G "rose jAt"r "oduced members of Boy Scout Troops 667 and 686 to lead the Pledge of Allegiance and Presentation of Colors. PUBLIC ORAL COMMUNICATIONS Dawn Zabriskie invited the residents of Poway and members of the City Council to participate in the Relay for Life scheduled for May 31 — June 1, 2014 at Lake Poway. 9859 3 of 9 Attachment B March 18, 2014, Item #1.3 City of Poway — Minutes — February 18, 2014 1. CONSENT CALENDAR (Approved by Roll -Call Vote) Motion by Councilmember Cunningham, seconded by Councilmember Vaus to approve Consent Calendar Items 1.1 through 1.8. Motion carried by the following roll -call vote: Ayes: Noes: Absent: Cunningham, Vaus, Mullin, Grosch, Higginson None None or 1.1 Approval of Reading by Title only and Waiver of Agenda. 1.2 Ratification /Approval of Warrant Registers January 10, 2014 and January 13 through; J 1.3 Approval of the February 4, 2014 1.4 Award of Contract to Aramark Uniform Se Services, RFP No. 14 -003. /////i1�,�,_ 1.5 Award of Contract to Terry Sh No. 14 -006. 1.6 1i WA im Report of Eme into Poway CrE the authorizat '� Manager to pri safeguard_ publi Authorize 'thE Communicate Poway's Inclu in full of Ordinances on anuary 6 through niform Rental and Cleaning Painting Services, RFP "uses Pertai'rSing to a Hydraulic Fluid Spill of Resolution No. 14 -003; and, continuing Acting City Manager or Interim City icy cleanup to Poway Creek in order to 1, Tres four -fifths vote of City Council) n of Ordinance No. 766 entitled, "An Ordinance of the pending Sections 8.04.010, 8.04.020, 8.04.030 and jthe Poway Municipal Code, to Prohibit Electronic r upon Public Buildings, Public Grounds, Public Parks I'm City Manager to execute the Next Generation Regional g g ystem Agreement with the County of San Diego to continue in the Regional Communication System. 2. ORDINANCE (Ordinance(s) that do not require a Public Hearing - e.g. First Reading of an Ordinance). 2.1 None. 9860 4 of 9 March`18, 2014, Item #1.3 City of Poway - Minutes — February 18, 2014 3. PUBLIC HEARING 3.1 None. 4. STAFF REPORTS 4.1 Fiscal Year 2013 -14 Midyear Evaluation and Financial Program Amendments, and Midyear Update of Department Goals and Objectives. /j //. Interim City Manager Tina White provided the staff In response to an inquiry from Councilmember that staff intends to seek policy direction from 15 Budget adoption to determine how to best% /i/�, City anticipates to have in future years dueIN6 y /ai% . commented that Council may want torlco.nsic future capital improvement projects. Councilmember Mullin spoke approach due to economic ui staff's efforts relating to techni Motion by Council orr report and adopt�Rt T1 amendments. M.ot'on c /H 4.2 Acceptance oji'ty Inve: Fee Interi:m�rt:Manager j11 f U44 d in the ag jnda pa lal jm Council. Cou lb-H concurred to� c 5. WORKSHOP O%,.. Cann`ingharn Manager White explained %%auncil as affil/1.6f the Fiscal Year 2014 - Ifilize the additionftroperty tax that the the dissolution of Redevelopment. She er a palicv to allocatethose funds for pport of continuing with a conservative budgeting i7nty /� In closing, /he expressed his appreciation for nitiattues over thepast year. .,�i / /iii�ii /a,.. Mullin /s co dyed b j ayor Higginson to receive the / ,. /�/ /ir ition No.�14 -006 approving the midyear budget 4 unanN, ousiv. December 31, 2013. stated t0f7the details of the Investment Report could be and that she would be happy to answer any questions d file the report. 5.1 Discussion on!Amateur Radio Antenna Regulations. Development Services Director Bob Manis presented the staff report and reviewed a PowerPoint presentation. Speakers in Support: Steven Stone, Jerry Stone, Bruce Tarzy and 'Cathe Gigstad. Speakers in Opposition of Regulations as proposed by staff: Gary Bollshweiler, Kevin Walsh, Roy Parkhurst, Charles Ristorcelli (also provided a PowerPoint presentation — 9861 5 of 9 March 18, 2014, Item #1.3 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, Delora 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 Speak. Conny Parkurst, Gary Riddle, Dawson, Willia�h Leblang, Ted Medin, Gayle Olson, John Tyson, PatrickOH/e Schlesinger, Glen Peterson, Ted Morange, Michaeh /111e,,ate�h Bacon, Howard Groveman, Jackie Groveman, �mDodley Haessig, Anne Geeding, Bruce Kripton, %%istina Bla►i !/y Peschina, Lucia Hort, Lance Wakefield es Campt Macaloff, John McNelly, Timothy Everingham, Ken Donham, ice, Joan Hogentogler, Julie Ashley, Roger /�agos, Richa John Rotondi, Steve Stipp, Tom Martin, �R� jh Lipueci / %//'% Harry Hodges, Jerry Carter, Steve Kubicek and�Mcchae Brian Tagg, W.J. Slagle, 'oeckl, Gary Kent, Martin rndon, Dan Phillips, Mark Arthur Johnson, Jeariene �-, �Joan Thompson, David o Lourdes Ketley, Luz e//Moe Gardeski, Rich Duanftess, Teri Bloom, )mpson , onald Johnson, fd RossonFDon Clugston, Oberbauer. Mayor Higginson declared a T �ess%/,at 9:22 p:°m /gj he meeting was called back to /! �� ////,dip,,,. order at 9:26 m. with all Counciti embers resent % / p % ME ,,, Councilmember Cunningham asked, staff to explain the impacts of the proposed revised HAM r /o�pegula�ns on Homeowner Associations' Covenants, Conditions and Restrict/(CC &R s). City Attorney Foley stated,thatAhe Federal: Communications Commission (FCC) does not become involved in within a community subject to CC &R s thatirna:/�rohibit the�stallation of a�HAM radio antenna. Therefore, any dispute a ,,it/a g out of�a �anten installation at a home governed by CC &R s would not be addressed by Poway s proposed Ordinance either. Counlmember Cun jngham requested that staff gather data relating to the impacts of HA%ra io antenn�s /,on property values if possible. /a,... J/ Councilmember - unningham also commented that perhaps as part of the proposed ordinance, ano ntive such as a fee exemption could be provided for those HAM radio operators participating 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 6 of 9 March 18, 2014, Item #1.3 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. ,46111 Councilmember Vaus asked if there are regulati television antennas. A. Director Manis responded that television a Municipal Code. Councilmember Vaus spoke in SL requirements for HAM radio antenna p In response to an inquiry from/1 Councilmem additional permit requirements aje1 j /�j�jtec the potential impacts to neighbor; In closing, Councilmember Vaus. v,, Wj, provision requi n�g that -anfg plicar install and maintain a HAM , io an of an as are n ishing to the installation of dressed in the City's consistent us, Director Manis explained that tennas in excess of 50 feet due to roposed Ordinance include a HAM radio license in order to Councilmemb "e'r %I�VI /ullin c� /f� /�j /with CrtyjAttorney Foley the FCC does not regulate HAM radio permit apply „catI ns'based,, %on 6bby use versus public safety use. Mulliri�quired if the 65 feet height of a HAM radio antenna as ouncr member , ,ndreated by the%HAM com M. unity as being necessary for effective communication, is hquessary for local mmLIET tion needs or for reaching outside of the San Diego area/ City Attory Foley stated that he believed the rationale for 65 feet radio antennas, as presented 1511W1111111-1 �M radio community, would allow the operators to reach the 90 percent affect; use threshold. Councilmember Mullin commented that he would be in favor of establishing a limited Minor Development Review Application (MDRA) process, rather than the cumbersome process currently in place. Deputy Mayor Grosch spoke in favor of staff establishing a clear, concise process for obtaining a HAM radio antenna permit. 9863 7 of 9 March 18, 2014, Item #1.3 0 a City of Poway — Minutes — February 18, 2014 In response to Deputy Mayor Grosch, Director Manis explained that staff is recommending for any HAM radio antenna application in excess of 50 feet, a report be prepared by the applicant justifying the need for the additional height. He further explained that topography could be a possible cause for the necessity of an antenna height in excess of 50 feet. Mayor Higginson expressed his appreciation for the HAM radio operators and their service to the Poway community. Mayor Higginson also commented that the effort by stffj�'rid the Council since 2005 has been to ensure that the Ordinance is more defensible. Mayor Higginson requested that when staff return's t6mbuncil with the proposed Ordinance, the following items be addressed:/ • Ensure that cost is not prohibitive • Make the application process mo,e", lear • Streamline the review process / ,,. / / / /,,,, In response to an inquiry from Deputy M building permit allows for the jstruct process for an applicant to obtain a /,pnt f is a discretionary action and doe§ not rec Te . does initiate noticing of the surrounding n Director Manis Permit proces Council directed; with updated am 7. CITY ATTORNEY ITEM Rr"med% "with Cou ace fonanv anti n 1yorGr °eh, Director Manis explained that a on ofla( structure whereas a MDRA is the tlement.!He further explained that an MDRA Wre City Co'u icil action; however, the MDRA �t they would like to have a Conditional Use pplication in excess of 65 feet. ice amending the Poway Municipal Code ns. City Attorney Foley/ a /��ounced that Council met in Closed Session at 6:00 p.m. under Government Code�S tion 54957 regarding the employment of a new City Manager and that there was no reportable action at this time. Attorney Foley also announced that the City of Poway received the hearing date of July 1, 2014 for the lawsuit by Preserve Poway relating to the Tierra Bonita property. 9864 8 of 9 March 18, 2014, Item #1.3 City of Poway — Minutes — February 18, 2014 8. MAYOR AND CITY COUNCIL - INITIATED ITEMS Councilmember Cunningham 8.1 Metropolitan Transit Systems (MTS) Board Update. Council concurred to continue this item to the March 4, 2014 Council Meeting. Councilmember Vaus 8.2 Discussion of the City's Home Occupation Permit and Associated Fees. Council concurred to continue this item to the March 4, 20�1;4j,; %'ouncil Meeting. Councilmember Grosch No report. Deputy Mayor Mullin No report. Mayor Higginson No report. ADJOURNMENT The meeting was adjou Cobian, CIVIC CiWClerk City of Poway, California 9865 9 of 9 March 18, 2014, Item #1.3