Item 1.3 - Approval of MinutesIN THE GO
DATE:
TO:
FROM:
INITIATED BY:
SUBJECT:
City of Poway
COUNCIL AGENDA REPORT
December 2, 2014
APPROVED
APPROVED AS AMENDED
(SEE MINUTES)
DENIED
REMOVED
CONTINUED
Resolution No.
Honorable Mayor and Members of the City Council
Daniel Singer, City Manager -WdVj
Sheila Cobian, City Clerk%'
858 - 668 -4535 scobian _Poway.orq
Approval of Minutes
Summary:
The Minutes of the October 21, 2014, Special and Regular Meetings 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 October 21, 2014, Special
and Regular Meetings of the Poway City Council as submitted.
Fiscal Impact:
None
Environmental Review:
Environmental review is not required according to CEQA guidelines.
Public Notification:
None.
Attachment:
A. October 21, 2014 City Council Special Meeting Minutes
B. October 21, 2014 City Council Regular Meeting Minutes
1 of 11 December 2, 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
October 21, 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 / �j ///
Mayor Higginson called the Special Meeting to ordeat 6:01p;,m.
ROLL CALL Cunningham, Vaus, M. ulti'n!Grosch, Higgi
STAFF MEMBERS PRESENT
City Manager Daniel Singer; Assi§tant City Mana'ge�jTina White; City Attorney Morgan
Foley; Attorney Steven Boehmer; and %ity Clerk SheilaCobian.
Y Y � ,,. / /%ter,
City Attorney Foley announced that Council would,consider�ltem No. 2 in Closed Session
first. He further explain, due to alp�otential o flict of interest, Councilmember Vaus
would not artici aten�he discussion ofltem�N�o. `2 / /�� serve Poway, etc. v. City of
p p Al
Poway, etc., et al.
Vii,
PUBLIC COMMENT OWAG.ENDA %ITEMS
None.
CLOSE D %S
.
'ESSION
2. CONFERENCE WITH %LEGAL COUNSEL—EXISTING LITIGATION
(Paragraphf(1) of subdivision (d) of Section 54956.9)
Name of Caseresence %Poway, etc. v. City of Poway, etc., et al.
San Diego County; Superior Court Case Number 37- 2013 - 00067667 -CU -TT -CTL
Councilmember Vaus joined the Closed Session for discussion of the following item at
6:14 p.m.
1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Paragraph (1) of subdivision (d).of Section 54956.9)
Name of Case: City of Poway v. Suretec Insurance Company
San Diego County Superior Court Case Number 37- 2014 - 00006186 -CU -BC -CTL
City Council came out of Closed Session at 6:26 p.m.
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2 of 11 Attachment A December 2, 2014 Item # 1.3
City of Poway – Minutes – October 21, 2014
City Attorney Foley announced that Council took the following actions:
2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of Case: Preserve Poway, etc. v. City of Poway, etc., et al.
San Diego County Superior Court Case Number 37- 2013 - 00067667 -CU -TT -CTL
Upon motion of Councilmember Cunningham, seconded by Mayor Higginson, the Poway
City Council approved an appeal from the judgment ��f the case. Approved 4/0/1
(Councilmember Vaus disqualified from participation due / potential conflict of interest.)
1. CONFERENCE WITH LEGAL COUNSEL
(Paragraph (1) of subdivision (d) of Sectio
Name of Case: City of Poway v. Suretec l
San Diego County Superior Court Ca"
Upon motion by Councilmember Cunnin Ma "m
Poway City Council gave direction to the City's%
the dispute; the final terms and ;conditions will
approved the final document. Approye_,d5 /0.
ADJOURNMENT
The Special M
at
E.X, /I§ ING LITIGATION
-17o/jo„i /NeJ
54" 6.'9/§//`/2/E`
X54,95
surance C' pany
mber 37- 201420:0006186 -CU -BC -CTL
by Couric l j�ember Mullin, the
--I in negotiating�na resolution of
d once the other parties have
Shei`ITR. Cobian, CIVIC
City Clerk
City of Poway, California
9981
3 of 11 December 2, 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
October 21, 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 ORDER
Mayor Higginson called the Regular Meeting to order at 7:00 p.m.
ROLL CALL Cunningham, Vaus, Mullin, Grosch, Higginson
STAFF MEMBERS PRESENT
Daniel Singer, City Manager; Tina White, Assistant City Manager; Morgan L. Foley, City
Attorney; Sheila R. Cobian, City Clerk; Robin Bettin, Director of Community Services;
Bob Manis, Director of Development Services; Leah Browder, Director of Public Works;
Scott Edwards, Director of Administrative Services; Lieutenant J.T. Faulkner, 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 Grosch introduced Candy Young, President of the Soroptomist
International of Poway, to lead the Pledge of Allegiance.
PRESENTATIONS
In recognition of Red Ribbon and Character Counts! Week, Mayor Higginson presented
Proclamations to Linda Ellett, Poway Unified School District Student Support; Kimberly
Beatty, School Board Member; and, Cindy Hicks, Prevention Specialist.
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4 of 11 Attachment B December 2, 2014 Item # 1.3
City of Poway — Minutes — October.21, 2014
PUBLIC ORAL COMMUNICATIONS
Tony Rubino provided an update on the Jack -O -Smash event scheduled for Sunday,
November 2, 2014. He also handed out umpire rule books to the City Manager and
Councilmembers for their use when serving as volunteer umpires during the Celebrity
Softball Game.
Bill Lennon requested assistance with navigating the City's planning and zoning
regulations.
1. CONSENT CALENDAR (Approved by Roll -Call Vote)
Motion by Mayor Higginson, seconded by Deputy Mayor Grosch to approve
Consent Calendar Items 1.1 through Item 1.10. Motion carried by the following
roll -call vote:
Ayes:
Cunningham, Vaus, Mullin, Grosch, Higginson
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 September 8 through
September 12, 2014 and September 15 through September 19, 2014.
1.3 Approval of the September 9, 2014, Special City Council Meeting Minutes and the
September 16, 2014, Regular City Council Meeting Minutes.
1.4 Approval of the Amendment and Biennial Review of the City's Conflict of Interest
Code.
1.5 Award of Bid to TA Jones Concrete Construction in the amount of $16,780.50 for
Repair of Two Midland Road Bus Shelters; RFB No. 15 -004.
1.6 Acceptance of the FY 12/13 Reline /Replace Sewer Pipelines Project from
Southwest Pipeline & Trenchless Corp., as complete; Authorize the City Clerk to
file and record the Notice of Completion; Authorize the release of the retention in
the amount of $11,744.80, if unencumbered, 45 days after City Council
acceptance; Release the Bond for Material and Labor in the amount of
$204,881.00 and retain the Bond for Faithful Performance for a period of one year,
Bid No. 14 -010.
1.7 Approval of Agreement with RBF Consulting for Engineering Services for the
Espola Road Safety Improvements Project.
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City of Poway — Minutes — October 21, 2014
1.8 Award of Contract to Chaulk Mound Trout Farms, Inc., in the amount of $78,000
for Lake Poway Trout Stocking.
1.9 Outlook Trail to Blue Sky Ecological Reserve.
1.10 Approval of City Hall Holiday Closure Dates.
2. ORDINANCE (Ordinance(s) that do not require a Public Hearing)
2.1 None.
3. PUBLIC HEARING
3.1 Approval of Environmental Assessment and Minor Conditional Use Permit (MCUP)
14- 001 /Development Review (DR) 14 -001; A request to construct a 223 -space
automobile inventory storage lot on a two - parcel 1.17 -acre vacant site located at
13946 Poway Road and 13917 Courier Way within the Automotive /General
Commercial (A/GC) Zone; Mark Abelkop /MLGP &L, LLC, Applicant.
City Planner Rich Whipple presented the report and reviewed a PowerPoint
presentation.
Speakers in Opposition: Eamon Kavanagh and Ron Selensky.
Councilmember Cunningham expressed concerns relating to the impacts of the
proposed lighting on adjacent homeowners. He suggested that alternative security
measures be considered to mitigate the lighting impacts.
In response to an inquiry from Councilmember Cunningham, Planner Whipple
explained that the proposed lighting features are intended to assist customers with
viewing cars until the close of business each night.
Councilmember Cunningham stated that the intent of the proposed project was
presented as a storage lot with minimum impacts rather than an active sales lot.
Councilmember Cunningham asked if the adjacent property owners would be
permitted to paint the side of the retaining wall facing their property once
constructed by the applicant.
Director of Development Services Bob Manis explained that the existing walls and
fences are on the homeowners' properties. He further explained that the wall
being built by the dealership would be on the applicant's property.
Councilmember Vaus asked if it is necessary to have 18 feet high lighting
standards.
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6 of 11 December 2, 2014 Item.# 1.3
City of Poway — Minutes — October 21, 2014
Director Manis stated that typically automobile dealerships have lighting standards
15 — 18 feet high.
Councilmember Vaus spoke in favor of staff presenting additional lighting options
for consideration such as mounting the lighting on the surrounding walls. This
would allow the lighting to shine directly in the lot.
In response to Councilmember Mullin, City Planner Whipple explained that the
applicant's lighting study, based on the proposed project, indicated there would be
no lighting spillover into the neighboring homeowners' yards.
Councilmember Mullin commented that although he has some concerns about
lighting, the analysis performed as part of the application adequately addressed
potential lighting impacts through placement of the proposed lights and shielding
mechanisms.
Deputy Mayor Grosch expressed concerns relating to the impacts of the lot lighting
on adjacent homeowners.
In response to Deputy Mayor Grosch, City Planner Whipple explained that the
existing fire lane will be adjusted to accommodate the parking proposed as part of
the project.
Mayor Higginson stated that he would be in favor of approving the project with
exception of the proposed lighting. He suggested that the applicant continue to
work with staff to address the lighting concerns.
Councilmember Cunningham suggested that the item be continued to allow
additional time to address the adjacent homeowners' concerns relating to the
lighting impacts and construction of the retaining wall.
Councilmember Mullin commented that the applicant has already provided a study
indicating that there would be zero lighting spillover into adjacent homeowners'
properties.
Mike Stevens, Director of Sales for Poway Hyundai, came forward to address
Council on behalf of the Applicant Mark Abelkop. Mr. Stevens stated that the
intent of the project is for a storage lot; however, there may be occasions where it
will be necessary to show a customer a vehicle while it is parked in that lot.
Motion by Councilmember Cunningham, seconded by Mayor Higginson to
reopen the public hearing and continue the item to December 16, 2014.
Motion carried by a 4/1 Vote (Mullin - No).
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7 of 11 December 2, 2014 Item # 1.3
City of Poway — Minutes — October 21, 2014
3.2 Approval of Fiscal Year 2015 -16 Community Development Block Grant Program.
Director of Development Services Bob Manis gave a brief overview of the agenda
report.
No speakers.
Motion by Mayor Higginson, seconded by Councilmember Cunningham to
close the Public Hearing; authorize staff to apply for FY 15 -16 CDBG funding
through the County; authorize the reallocation of $20,752 in CDBG funds
from previous grant years to fund the proposed FY 15 -16 CDBG program
upon approval by the County; and authorize the City Manager to execute
contracts with the County of San Diego. Motion carried unanimously.
4. STAFF REPORTS
4.1 First Quarter Budget Update for Fiscal Year 2014 -15.
Director of Administrative Services Scott Edwards presented the Report.
No speakers.
Motion by Councilmember Cunningham, seconded by Councilmember Mullin
to receive the report and adopt Resolution No. 14 -060 entitled "A Resolution
of the City Council, Housing Authority, and Successor Agency to the Poway
Redevelopment Agency of the City of Poway, California approving
amendments to the City's Financial Program for the first quarter Fiscal Year
2014 - 2015;" and, Resolution No. 14 -061 entitled "A Resolution of the Housing
Authority of the City of Poway, California approving amendments to the
City's Financial Program for the first quarter Fiscal Year 2014 - 2015." Motion
carried unanimously.
5. WORKSHOP
5.1 Off -Leash Dog Access in Silverset Neighborhood Park.
Director of Community Services Robin Bettin gave an overview of the report and
provided a PowerPoint presentation. Director Bettin explained that staff identified
two options that would allow off -leash dogs at Silverset Park on a trial basis. The
options as presented were:
1. Offer designated off -leash dog access hours in all areas of Silverset Park
except the playground, basketball court and ball field.
2. No longer schedule the ball field for softball practice or other athletic use,
and designate it as an enclosed dog pen during all open -park hours.
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8 of 11 December 2, 2014 Item # 1.3
City of Poway — Minutes — October 21, 2014
Speakers in Opposition: Emma Hughes, Bart Castellitto, Carol Detamore, Eric
Davis, Doug Vick, David Narevsky, Joseph Calabrese, Vicki Gordon, Gail
Narevsky, Katie Detamore, Becca Berquist, David Kinman, Andre Garcia, Diane
Christian and Assi Friedman.
Submitted a Speaker Slip in Opposition but Did Not Speak: Kevin Gregg and
Abbey Skale.
Speakers in Support: Joan Schaefer, Stacey Forsey, Rich Forsey, Kim Conant,
Linda Nelson, Mark Claussen, Susan Busch, Joe Nalven, Margaret Briggerman,
Jim McKechnie.
Submitted a Speaker Slip in Support but Did Not Speak: Kim Wasung, Karen
Wasung, Janet DiPrinzio, Edward Oliva, Tania Lynch, Karen Hughson, Susan
Reeg, Joan Berger, Cheri Schenck, J. Brewster Schenck, Spicer Conant, Judy
Shriver, Richard Shriver, Richard Robbins, Carol Robbins, Tony Nay, Diane Nagle,
Shirley Schulz, Joanna Waits, Mari Hedtke, Jim Schindler, Scarlett Guice, Frank
Kenny, Debbie Sidley and Hannah Finley.
Deputy Mayor Grosch spoke in favor of allowing dogs off -leash in Silverset Park
between the hours of 6:00 a.m. and 9:00 a.m. for a 6 -month trial period.
Councilmember Mullin spoke in favor of establishing a dedicated fenced -in area for
dogs to be off -leash in Silverset Park during designated hours.
In response to an inquiry from Councilmember Vaus, Director Bettin explained that
the City of San Carlos uses a shared use system that allows off -leash dogs on ball
fields during limited hours. She further explained that the Director of Community
Services in San Carlos is attempting to stop the shared use due to the impacts on
the availability of the limited number of ball fields. Conversely, the City of San
Mateo also has a shared use system that works well. However, San Mateo has
more ball fields and the shared use is spread across four fields.
Councilmember Vaus stated that he could support a trial period of allowing dogs
off -leash on the softball field in Silverset Park during limited hours.
Councilmember Cunningham asked if any discussions have taken place with the
proponents of allowing dogs off -leash in the park for funding any necessary repairs
to the ball field caused by the dogs. Director Bettin responded that the group has
offered to coordinate fundraising and assistance for minor repairs and upkeep of
the field.
Councilmember Cunningham stated that he would like additional environmental
and cost information relating to designating a fenced area for off -leash dog use in
Silverset Park.
Mayor Higginson spoke in support of evaluating the feasibility of constructing a
fenced area in the outer area of the softball field for off -leash dog use.
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9 of 11 December 2, 2014 Item # 1.3
City of Poway – Minutes – October 21, 2014
City Manager Singer summarized the direction provided by Council as follows:
• Staff to evaluate the environmental impacts of allowing dogs off -leash
during limited hours on the softball field.
• Staff to evaluate the costs and environmental impacts of constructing a
fenced area for off -leash dog use.
6. CITY MANAGER ITEMS
City Manager Singer announced that the November 4, 2014 Council Meeting had been
cancelled due to the General Election. He also announced that City offices would be
closed on Tuesday, November 11 th in observation of Veterans Day.
7. CITY ATTORNEY ITEMS
City Attorney Foley announced that Council took the following actions during the Closed
Session meeting at 6:00 p.m.:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of Case: City of Poway v. Suretec Insurance Company
San Diego County Superior Court Case Number 37- 2014 - 00006186 -CU -BC -CTL
Upon motion by Councilmember Cunningham, seconded by Councilmember Mullin, the
Poway City Council gave direction to the City's legal counsel in negotiating a resolution
of the dispute; the final terms and conditions will be released once the other parties
have approved the final document. Approved 5/0.
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of Case: Preserve Poway, etc. v. City of Poway, etc., et al.
San Diego County Superior Court Case Number 37- 2013 - 00067667 -CU -TT -CTL
Upon motion of Councilmember Cunningham, seconded by Mayor Higginson, the
Poway City Council approved an appeal from the judgment of the case. Approved 4/0/1
(Councilmember Vaus disqualified from participation due to potential conflict of interest)
8. MAYOR AND CITY COUNCIL - INITIATED ITEMS
Councilmember Cunningham invited members of the community to attend the Special
Olympics Host City kick -off event on Wednesday, October 22, 2014 at Old Poway Park.
Councilmember Cunningham also announced that he would be requesting a change to
the City's Sign Ordinance in the near future.
8.1 Metropolitan Transit Systems (MTS) Board Update – No Report.
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10 of 11 December 2, 2014 Item # 1.3
City of Poway — Minutes — October 21, 2014
8.2 "Hike, Bike and Ride across Poway" - (verbal report).
Councilmember Cunningham played a promotional video spotlighting the San Dieguito
Riverpark.
Councilmember Vaus
8.3 Water Saving Tips.
Councilmember Vaus encouraged residents to limit shower time to five minutes.
Councilmember Mullin
8.4 Metered Water Outlet Proposal
Councilmember Mullin requested Council concurrence for staff to evaluate the feasibility
of providing potable water to residents via a local, metered water source. He explained
that the current drought conditions have resulted in low ground water levels for
residents who rely on wells.
Councilmember Cunningham suggested that Councilmember Mullin meet with staff to
start a conversation regarding the feasibility of such a proposal.
Council concurred with Councilmember Cunningham's suggestion.
Deputy Mayor Grosch
Deputy Mayor Grosch thanked retiring Director of Public Works Leah Browder for her
years of service to the City of Poway.
Mayor Higginson
8.5 Consideration of Establishing City of Poway Hall of Fame.
Mayor Higginson suggested and Council concurred to direct staff to explore the concept
of establishing a "City of Poway Hall of Fame."
ADJOURNMENT
The meeting was adjourned at 11:00 p.m.
Sheila R. Cobian, CIVIC
City Clerk
City of Poway, California
9989
11 of 11 December 2, 2014 Item # 1.3