Item 1.3 - Approval of MinutesOXY OF POW'9y
City of Poway
COUNCIL AGENDA REPORT
Com' IA' THE J
DATE: April 16, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Faviola Medina, City Clerk K
858) 668.4535 or finedinaPpoway.org
SUBJECT: Approval of Minutes
Summary:
The City Council Meeting Minutes submitted hereto for approval are:
March 19, 2019 Regular City Council Meeting Minutes
APPROVED
APPROVED AS AMENDED
SEE MINUTES)
DENIED
REMOVED
CONTINUED
RESOLUTION NO.
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. March 19, 2019 Regular City Council Meeting Minutes
Reviewed/Approved By: Reviewed By: Approved By:
Wendy Kaserman Alan Fenstermacher Tina M. White
Assistant City Manager City Attorney City Manager
1 of 9 April 16, 2019, 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
March 19, 2019
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 Mullin, Leonard, Frank, Grosch, Vaus
STAFF MEMBERS PRESENT
City Manager Tina White; Assistant City Manager Wendy Kaserman; City Attorney Alan
Fenstermacher; City Clerk Faviola Medina; Development Services Director Bob Manis; Finance
Director Donna Goldsmith; Human Resources/Risk Management Director Jodene Dunphy;
Director of Public Works Michael Obermiller; Fire Chief Mark Sanchez; Lieutenant Chris Collier,
Sheriff's Department.
Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City
Manager, City Attorney, City Clerk and Director of Finance 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 Finance/Finance Officer.)
PLEDGE OF ALLEGIANCE
Deputy Mayor Grosch led the pledge of allegiance.
PRESENTATION
Councilmember Grosch presented a proclamation to the American Legion in recognition of 2018-
2019 American Legion Centennial Day.
PUBLIC ORAL COMMUNICATIONS
Ann Tipps expressed concerns with car accidents occurring along Poway Road and Carriage
Road.
Chris Olps spoke regarding car accidents occurring along Poway Road.
Lynette Perkes expressed concerns with City growth and developments
2 of 9 April 16, 2019, Item #1.3
1. CONSENT CALENDAR
2.
City of Poway — Minutes — March 19, 2019
Motioned by Councilmember Mullin, seconded by Councilmember Leonard to approve
Consent Calendar Items 1. 1 through 1.6. Motion carried by the following roll -call vote:
Ayes: Mullin, Leonard, Frank, Grosch, 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 of Warrant Registers for the Periods of Feb r -""'11 through February 15, 2019,
and February 18 through February 22, 2019
1.3 Approval of the February 19, 2019 Special and Iar Council Meeting Minutes; the
March 1, 2019 Special City Council Meeting n es; anMarch 2, 2019 Special City
Council Meeting Minutes
1.4 Annual Report — Implementation of the I Plan in 2018pP ,
Dee Fleischman submitted a speaker slip
1.5 Acceptance of the Swim
Inc.
Chris Olps spoke rpg gr the
1.6 Acceptance of ' cil Cha ' j rs AV
91
of San Diego, Ir%jk
2.1
o speak.
d No. 18-008, Hamel Contracting,
lba
n el ovation project
P id No. 18-003, Audio Associates
with California Senate Bill 946
Citr rney Fenster" her nted the report along with a PowerPoint presentation. i
Mr. F+rmacher sta hat th posed ordinance establishes rules and regulations
consist th state la allow a City to regulate sidewalk vending. A resolution
establishing for sidevj vendor permits and appeals will be brought back for CouncilconsiderationjeApril019regularCityCouncilmeeting.
Chris Olps expressgq ms with the proposed limitations.
Council discussion ensued regarding fees, enforcement and clarified that the City would not
be enforcing this ordinance against children's lemonade stands.
As requested by the Mayor, City Clerk Medina titled the Ordinance.
Motioned by Councilmember Leonard, seconded by Councilmember Mullin to
introduce Ordinance No. 826 entitled "An Ordinance of the City Council of the City of
Poway, California, adding Chapter 5.22 to the Poway Municipal Code and amending
section 9.48.240(A) of the Poway Municipal Code relating to regulation of sidewalk
vendors."
3 of 9 April 16, 2019, Item #1.3
City of Poway — Minutes — March 19, 2019
Motion carried unanimously by the following roll -call vote:
Ayes: Mullin, Leonard, Frank, Grosch, Vaus
Noes: None
Absent: None
3. PUBLIC HEARING
3.1 Poway Commons LLC Purchase, Sale and Development Agreement
Councilmember Mullin announced that he would recuse himself from the vote on Item 3.1
due to a conflict of interest. His company completed wof' 'th Chelsea Investments withinME
the last 12 months Ma 2018).
Councilmember Mullin left the dais at 7: 51 p.m.
I
City Manager Tina White introduced ther followed b`
ON i4'
Administrator Craig Ruiz. Mr. Ruiz state a City entere
Agreement with Meridian Developmen and Sudberry
Purchase, Sale and Development Agree" t for a mi ed - and an Affordable Housing and Property Dii jitio r
project.
Neutral speakers: Chris Olps
Guy Asaro, applicant, spoke in
Motioned by D 1VV1 Groscl
public hearin .„„ption ca d 4/0,
Motioned by Cou
Resolaffid'*Ajo,1 f
of 31% 01-06, and (IW/
City ' the City i
Council fatber Mullin
resentation by Economic
Jpn Exclusive Negotiation
oi. esInc to negotiate a
n4%; te development
foprdable housing
ifinember Frank to close the
Mullin disqualified.
onded by Deputy Mayor Grosch to adopt
of the City Council of the City of Poway,
O. nd Development Agreement with Poway
bearing Assessor's Parcel Number 317 -
and the northerly approximately .64 scres
Implementation Agreement between the
Authority.” Motion carried 4/0, with
Acting as Hoi Au ity, motioned by Councilmember Leonard, seconded byi, i /,
Deputy Mayor it
dopt Resolution No. H-19-01 entitled "A Resolution of the
City of Poway Ho °
a
uthority (1) approving an Affordable Housing and Property
Disposition Agreem with Poway Commons, LLC, for the southerly approximately
nine tenths acres of Assessor's Parcel Number 317-101-06, and a Property Exchange
Implementation Agreement between the Housing Authority and the City, and (11)
declaring Assessor's Parcel Numbers 317-420-01 and 317-420-06, and the southerly
approximately .9 acres of Assessor's Parcel Number 317-101-06 not needed for
foreseeable needs." Motion carried 4/0, with Councilmember Mullin disqualified.
Councilmember Mullin returned to the dais at 8:26 p.m.
3. 2 Ordinance Amending the Poway Municipal Code Regarding Nuisance Abatement and Code
Enforcement
4 of 9 April 16, 2019, Item #1.3
City of Poway — Minutes — March 19, 2019
City Attorney Fenstermacher presented the report along with a PowerPoint presentation.
Mr. Fenstermacher stated that the purpose of the Ordinance is to 1) provide Code
Compliance staff with all available tools for obtaining compliance; 2) update the Poway
Municipal Code (PMC) so that it complies with applicable state law; 3) set forth the
procedure for issuing courtesy notices and notices of violation prior to other code
compliance penalties being enacted; 4) eliminate redundancies and simplify the PMC; and
5) update and add various provisions related to defining PMC violations and detailing
procedures for enforcement, abatement and cost recovery.
Chris Olps spoke regarding creation of an Appeals Board.
Motioned by Councilmember Leonard, seconded uncilmember Mullin to close
the public hearing. Motion carried unanimous)
Council discussion ensued in support of the prdii, ince. ` City Attorney confirmed that
the Ordinance establishes the City Coun i%% the appeal°! ard, unless Council takes
action to designate a separate board
coee.
d of at least thr" eople.
As requested by the Mayor, City Clerk M titled the Ordinanc/O//%,
Motioned by Councilmemb Mullin, se Councilme g Leonard to
introduce Ordinance No. 82 Y d "An Orth„ a of the City Coun of the City ofiilii
Poway, California, Amending"r.
ie s 1.02, LO;/x.10, 2.20, 8.72, 8.76, 8.80, 13.09,
15.02, and 17.54 Adding Chapt 1' d 15.32, . quDeleting Chapters 16.56, 16.68
and 8.84 of the Poway Municipal de f2 jjg to Co,,ompliance.
Motion carried "`"rlfi flff f by
AyesW%
Noes: ////%
jjNoIIL
MR
3.3Jedti1. o,Itha Cc
V%hons of the PA' ay
Dire?'d' Decision to e a N
Mayor Va announced th", the p
2019 Reciuler itv Council ileetin
Grosch, Vaus
i/nthe Property at 12825 Claire Drive Constitute
de, and Upholding the Development Services
Order to Abate Nuisance (Case No. 18-0044)
erty owner has requested a continuance to the May 7,
No motion was made to grant the continuance.
City Planner Da oeF—resented the report along with a PowerPoint presentation andstatedthatthe hea N Tieing held pursuant to Chapter 8.72 of the Poway Municipal Code
for the purpose of determining whether the junk and green waste accumulation, unlawfully
stored vehicles/vessels, unpermitted accessory buildings, unpermitted garage conversion,
unpermitted breezeway conversion, lack of functional smoke detectors, and other fire
hazards on the property at 12825 Claire Drive constitute a public nuisance.
Michael Bias, tenant at 12825 Claire Drive, spoke to request more time to voluntarily bring
the property into compliance with City code.
Franco Simone, attorney for the property owner, spoke regarding the progress the tenant
has made to remove the accumulated junk and discussed the options the property owner is
taking to bring the property back into compliance.
5 of 9 April 16, 2019, Item #1.3
City of Poway — Minutes — March 19, 2019
Motioned by Deputy Mayor Grosch, seconded by Councilmember Frank to close the
public hearing. Motion carried unanimously.
Council discussion ensued.
In response to Council inquiry, City Attorney Fenstermacher explained that if the property
owner were to voluntarily comply to clear the violations within 30 days from the declaration
of a public nuisance, the abatement would not be necessary.
Motioned by Councilmember Mullin, seconded by Ma or Vaus to adopt Resolution
No. P-19-05 entitled "A Resolution of the City Coun / he City of Poway, California,
Finding and Declaring Conditions Present at 12 sire Drive (0 Shirra Avenue),
lIll/
Poway, California Constitute Violations of the Municipal Code and Upholding
oma
Development Services Department Decisio s Notice and Order to Abate
Nuisance." Motioned carried unanimousl
4. STAFF REPORT
4.1 Acceptance of a Reimbursement Aret for C rt Pub f -° r v n nP9i„ i iii p o eme is andAcceptanceofPublicImprovementsinConjo''don e Casti lionsidence, WI17-
003
g
Senior Civil Engineer Tracy B%/&
i,
MR/10 resented f Y report along with a PowerPoint
presentation and stated that the / icari{ require xtend a public water main and
o/ i ..
install a fire hydran . 9 serve theiio,I opos a e
ons`
Canyon Road and provide
entsfire ade uate r °moo%o a im ro ''' "' tete d ready for acceptance andqpii000 i.,,; p
the applicant is sti burse `t t ve , ion of the cost of construction of
the public wat;,in extenfrom futelopme that connect to the water main.
No
M a"T"r,' o ,cilydi er Muff/ F/-'/cdMed by Councilmember Leonard, to 1) 4 Resolutlo ./ 19- ntitled bsolution of the City Council of the City of
Po
F
California' rove °''a he Reimbursement Agreement for Certain Public
Imp ents in co ction h the Water Improvement Project WI17-003'; 2)
Authon he May t xecutee Reimbursement Agreement; (3) Direct the City
Clerk to /Td the Agri ant in the office of the San Diego County Recorder; (4)
Accept the! rovem;n hown on drawing WI17-003 as complete; (5) Release the
Performance d in t ount of $25,762.00; ( 6) Release the Payment Bond in the
amount of $12,SH /od (7) Retain the Warranty Bond in the amount of $2,576.20
for a period of on Motion Motion passed unanimously.
4.2 Midyear/Second Quarter Budget Update for FY 2018-19 and Amendment to the
Management/Confidential Salary Schedule
Assistant City Manager Wendy Kaserman provided an update on revenue and expenditure
projections and identified key budget amendments resulting in recommended
appropriations.
No speakers.
6 of 9 April 16, 2019, Item #1.3
City of Poway — Minutes — March 19, 2019
Motioned by Mayor Vaus, seconded by Deputy Mayor Grosch to adopt Resolution No.
19-016 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 Second Quarter Fiscal
Year 2018-2019 and amending the Management/Confidential Salary Schedule."
Motion passed unanimously.
4.3 Award of Contract to Raftelis Financial Consultants, Inc. to Conduct a Comprehensive Cost
of Service and Water and Sewer Rate Study and Provide Ongoing Consultant Support for
Annual Water and Sewer Rate Calculations
4. 4
Assistant City Manager Wendy Kaserman presented th
direction provided by the City Council at the February
the City issued a Request for Proposals (RFP) for
Water and Sewer Rate Study and ongoing consratecalculations. Additionally, the City will hol tT j a (3) t
the proposed rate information prior to the inif n of any
No speakers.
Council discussion ensued. Council emph
and the development of public r pterials that
Motioned by Mayor Vaus, se "
Raftelis Financial Consultant
Study and Water & Sewer Rate'
Annual Water a/ er Rate
o/ / Execute all Ne bcumer
Drt and stated that based on
regular City Council meeting,
iensive Cost of Services and
t for annual water and sewer
ouncil Workshops to present
asition 218 process.
nce of"i , ublic workshops
and sewetes are derived.
Grosch to award a contract to
mprehensive Cost of Service
1 ing Consultant Support for
prize the City Manager to
e hreement. Motion passed
Consideration of /l/M///esolulrd'h" Approvin a Submittal of a Hazard Mitigation Grant
Applica; nd Appr'/'x'00 000 i unds for Hazardous Tree Removal from the
i , P /
e oma , Ge .. n.eserve , eme Its/Pu CSafety Account
D dWor of Public s Mi t1:aJ Obermill€presented the report and gave an overview of
i,,. o i, aii
the „eral Emerge ana ;gent Agency (FEMA) Hazard Mitigation Grant Program
HMG r. Obermdl ated t %e City filed a Notice of Interest, seeking a maximum
of $2, 0 0 for the ha / ous trek removal mitigation project. If awarded, the City is
require o jj 25 perce f the cost of the project.
Dee Fleischma opreq,,€#1boncern with removal of hazardous and heritage trees.
Council discussion eKO"ed. Director Obermiller clarified that heritage trees would not be
affected and that the City's Fire Marshal and certified arborist will be involved in the process.
Staff further clarified that the requested funds will be coming from the City's 45% Reserves
and will not be spent unless we receive the grant. Staff estimates that we will have an
indication on the grant award by December 2019.
Motioned by Mayor Vaus, seconded by Deputy Mayor Grosch to adopt Resolution No.
19-017 entitled "A Resolution of the City Council of the City of Poway, California,
approving a Hazard Mitigation Grant Application and Commitment Letter in the
Amount of $500,000 for Hazardous Tree Removal and Appropriating $500,000 from
the General Fund Reserve — Extreme Events/Public Safety Account as the City's
Match to the Grant." Motion passed unanimously. 7 of 9 April 16, 2019, Item #1.3
5. WORKSHOP
6.
City of Poway — Minutes — March 19, 2019
5.1 Workshop to Discuss Landscape Maintenance District Advisory Group Recommendations
Assistant Director of Public Works Eric Heidemann presented the report and gave an
overview of the background and history of the Landscape Maintenance Districts (LMD) 83-
1 and 86-1. Mr. Heidemann stated that the purpose of the workshop is to discuss the
volunteer advisory group's recommendations for improving and maintaining the landscaping
in LMD 83-1 and LMD 86-1.
Ms. Toni Bates, Chair for the Advisory Group, presentede/Group's findings and proposal
to the City Council with a PowerPoint presentation. ////
Neutral speakers: Robert Hinzman, Dee Fleischm Cormick, Chris Olps and Dan
Mathson.
Council discussion ensued. Discussion
Council appropriated last year have be
be carried over to next fiscal year.
Council recognized the hard w rkof staff ari"
they felt they needed additio rmation a
expressed that additional pub ;' ch, ed
would be beneficial. It is clear to
ballot last year but we don't know%Y.
Council asked
proposal. Coy
2019 Council r
City
Co r 1 also confirrr
and raaed the
Council
and
Le
ings
Died that only""Ism ion of the one-time funds
d; approximately
j
000 remains and can
AY Group an indicated that
n '" input from the G W, It was also
ucaiand polling by the Advisory Group
that a %roproperty owners didn't return aPPY
ly so they can study their
rational item at the May 7,
we as they have been with respect to
al assessment reports will be brought
sf""es not have a continuing role with the Advisory Group
to co p meeting independent of staff.
continue the item to allow Council more time to consider
ide staff direction at a future Council meeting.
The Mayor and Council made announcements and reported on various events taking place in the
City. No action was taken.
COUNCILMEMBER COMMITTEE REPORTS - Pursuant to AB1234 — G.C. §53232.3(d)
Councilmember Leonard gave an update on the recent meeting of the San Diego County Water
Authority and gave a brief update on the lawsuit against Metropolitan Water District.
8 of 9 April 16, 2019, Item #1.3
City of Poway — Minutes — March 19, 2019
Councilmember Frank gave an update on the recent San Diego Association of Governments
SANDAG) Public Safety meeting and reported on the Automated Regional Justice Information
System (ARJIS).
7. CITY MANAGER ITEMS
None.
8. CITY ATTORNEY ITEMS
None.
ADJOURNMENT
The meeting adjourned at 10:37 p.m.
alifornia
9 of 9 April 16, 2019, Item #1.3