September 18, 2018 City Council
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Call to Order - CALL TO ORDER
ROLL CALL Leonard, Frank, Grosch, Mullin, Vaus
PLEDGE OF ALLEGIANCE
Call to Order

ROLL CALL Leonard, Frank, Grosch, Mullin, Vaus
PLEDGE OF ALLEGIANCE
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Presentation - MTS Presentation - Free Ride Day
Presentation

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Public Oral Communications - NOTE: In accordance with state law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. If appropriate, your concerns will be referred to staff. Comments are limited to three (3) minutes. Speakers will have only one opportunity to address the Council under Public Oral Communications.
Public Oral Communications

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Consent Calendar - 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 July 30 through August 3, August 6 through August 10, August 13 through August 17, and August 20 through August 24, 2018
1.3 Approval of the August 7, 2018 and August 21, 2018 Regular City Council meeting minutes
1.4 Award of Occupancy License to R & B Pinto Properties, LLC, for the Lake Poway Concession Services; RFP #18-022
1.5 Acceptance of the 2017-2018 Street Overlay Project; Bid No. 18-014 SRM Contracting & Paving
1.6 Award of Contract to Ace Electric, Inc. for the Community Park Electrical Upgrades Project; Bid No. 19-002
1.7 Approval of Consultant Agreement between the City of Poway and Pure Technologies U.S. Inc. for Design Services for the Steel Water Main Assessment Project (CIP #1774)
1.8 Approval of Consultant Agreements with RSG, Inc. and Keyser Marston Associates, Inc. for Real Estate and Fiscal Analysis Consulting Services; RFP No. 19-002.
1.9 Approval of an Extension to the Exclusive Negotiation Agreement with Meridian Development, LLC and Sudberry Properties, Inc. for City and Housing Authority Parcels bearing Assessor Parcel Numbers 317-101-06; 317-472-12; 317-472-18; 317-472-23; 317-472-24; 317-472-25; 317-472-01; 317-472-06
Consent Calendar

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 July 30 through August 3, August 6 through August 10, August 13 through August 17, and August 20 through August 24, 2018
1.3 Approval of the August 7, 2018 and August 21, 2018 Regular City Council meeting minutes
1.4 Award of Occupancy License to R & B Pinto Properties, LLC, for the Lake Poway Concession Services; RFP #18-022
1.5 Acceptance of the 2017-2018 Street Overlay Project; Bid No. 18-014 SRM Contracting & Paving
1.6 Award of Contract to Ace Electric, Inc. for the Community Park Electrical Upgrades Project; Bid No. 19-002
1.7 Approval of Consultant Agreement between the City of Poway and Pure Technologies U.S. Inc. for Design Services for the Steel Water Main Assessment Project (CIP #1774)
1.8 Approval of Consultant Agreements with RSG, Inc. and Keyser Marston Associates, Inc. for Real Estate and Fiscal Analysis Consulting Services; RFP No. 19-002.
1.9 Approval of an Extension to the Exclusive Negotiation Agreement with Meridian Development, LLC and Sudberry Properties, Inc. for City and Housing Authority Parcels bearing Assessor Parcel Numbers 317-101-06; 317-472-12; 317-472-18; 317-472-23; 317-472-24; 317-472-25; 317-472-01; 317-472-06
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Item 3.1 - Environmental Assessment, Tentative Tract Map 17-003 and Development Review 18-003: Request for Approval to Subdivide a Vacant Parcel located at the Western Terminus of Danes Road and to Develop Seven Single-Family Residences
City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt Resolutions entitled 1) "A Resolution of the City Council of the City of Poway, California, Adopting a Mitigated Negative Declaration for Tentative Tract Map 17-003 and Development Review 18-003, Assessor Parcel Number 317-534-20;" and 2) "A Resolution of the City Council of the City of Poway, California, Approving Tentative Tract Map 17-003 and Development Review 18-003 Assessor Parcel Number 317-534-20."
Item 3.1

City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt Resolutions entitled 1) "A Resolution of the City Council of the City of Poway, California, Adopting a Mitigated Negative Declaration for Tentative Tract Map 17-003 and Development Review 18-003, Assessor Parcel Number 317-534-20;" and 2) "A Resolution of the City Council of the City of Poway, California, Approving Tentative Tract Map 17-003 and Development Review 18-003 Assessor Parcel Number 317-534-20."
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Item 3.2 - Conditional Use Permit 18-013; a proposal to amend an existing Conditional Use Permit to allow outdoor storage at 12675 Stowe Drive
City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt a Resolution entitled "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 18-013 Assessor's Parcel Number 317-223-01 and 317-223-02."
Item 3.2

City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt a Resolution entitled "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 18-013 Assessor's Parcel Number 317-223-01 and 317-223-02."
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Item 3.3 - Adoption of an Ordinance amending Title 17 of the Poway Municipal Code (PMC) Establishing Accessory Dwelling Unit Regulations; Zoning Ordinance Amendment (ZOA) 18-002
City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and introduce the Ordinance for first reading by title only, waive further reading, and set second reading and adoption for October 2, 2018.
Item 3.3

City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and introduce the Ordinance for first reading by title only, waive further reading, and set second reading and adoption for October 2, 2018.
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Item 3.4 - Adoption of an Ordinance Amending Title 17 of the Poway Municipal Code Regarding Regulation of Boardinghouses; Zoning Ordinance Amendment (ZOA) 18-003
City Manager's Recommendation: It is recommended that the City Council take public input; close the public hearing and introduce the Ordinance for first reading by title only, waiving further reading, and set second reading and adoption for October 2, 2018.
Item 3.4

City Manager's Recommendation: It is recommended that the City Council take public input; close the public hearing and introduce the Ordinance for first reading by title only, waiving further reading, and set second reading and adoption for October 2, 2018.
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Item 4.1 - Approval of the Amended and Restated Regional Wastewater Disposal Agreement with the City of San Diego
City Manager's Recommendation: It is recommended that the City Council adopt a Resolution entitled "A Resolution of the City Council of the City of Poway, California, Approving the Amended and Restated Regional Wastewater Disposal Agreement between the City of Poway and the City of San Diego," and authorize the City Manager to execute the agreement.
Item 4.1

City Manager's Recommendation: It is recommended that the City Council adopt a Resolution entitled "A Resolution of the City Council of the City of Poway, California, Approving the Amended and Restated Regional Wastewater Disposal Agreement between the City of Poway and the City of San Diego," and authorize the City Manager to execute the agreement.
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Item 5.1 - Public Employees' Retirement System (PERS) Actuarial Analysis
City Manager's Recommendation: It is recommended that the City Council provide direction to staff to: 1) Pursue establishing an Internal Revenue Code Section 115 trust; and 2) Return with a recommendation with the FY 2017-18 year-end close report to use a portion of any year-end surplus to make an initial deposit into a Section 115 trust, as well as make an additional contribution to CalPERS to pay down a portion of the City's unfunded liability using the shortest amortization period.
Item 5.1

City Manager's Recommendation: It is recommended that the City Council provide direction to staff to: 1) Pursue establishing an Internal Revenue Code Section 115 trust; and 2) Return with a recommendation with the FY 2017-18 year-end close report to use a portion of any year-end surplus to make an initial deposit into a Section 115 trust, as well as make an additional contribution to CalPERS to pay down a portion of the City's unfunded liability using the shortest amortization period.
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Items 6 - 8 - 6. MAYOR AND CITY COUNCIL-INITIATED ITEMS
COUNCILMEMBER COMMITTEE REPORTS - Pursuant to AB1234 - (G.C. 53232(d)
BARRY LEONARD
CAYLIN FRANK
DAVE GROSCH
JOHN MULLIN
STEVE VAUS
7. CITY MANAGER ITEMS
8. CITY ATTORNEY ITEMS
CLOSED SESSION:
8.1 Conference with Legal Counsel:
Existing Litigation (Gov. Code § 54956.9(a)) - two (2) cases: City of Poway v. Rothbart, San Diego Superior Court Case No. 37-2016-00033532-CU-OR-CTL
Kirkland v. Poway Housing Authority, United States District Court for the Southern District of California Case No. 18-CV-1878
8.2 Conference with Legal Counsel:
Anticipated Litigation (Gov. Code § 54956.9(d)(2)) - one (1) potential case: Litigation threatened by Kevin T. Kelly
8.3 Conference with Real Property Negotiator (Gov. Code § 54956.8):
Property: APN 317-222-21-00
Agency Negotiator: City Manager Tina White
Negotiating Parties: Kraig Clark and Todd Lutes, Clarks Corner Investments LLC
Under Negotiation: Price and Terms of Payment
ADJOURNMENT
Items 6 - 8

COUNCILMEMBER COMMITTEE REPORTS - Pursuant to AB1234 - (G.C. 53232(d)
BARRY LEONARD
CAYLIN FRANK
DAVE GROSCH
JOHN MULLIN
STEVE VAUS
7. CITY MANAGER ITEMS
8. CITY ATTORNEY ITEMS
CLOSED SESSION:
8.1 Conference with Legal Counsel:
Existing Litigation (Gov. Code § 54956.9(a)) - two (2) cases: City of Poway v. Rothbart, San Diego Superior Court Case No. 37-2016-00033532-CU-OR-CTL
Kirkland v. Poway Housing Authority, United States District Court for the Southern District of California Case No. 18-CV-1878
8.2 Conference with Legal Counsel:
Anticipated Litigation (Gov. Code § 54956.9(d)(2)) - one (1) potential case: Litigation threatened by Kevin T. Kelly
8.3 Conference with Real Property Negotiator (Gov. Code § 54956.8):
Property: APN 317-222-21-00
Agency Negotiator: City Manager Tina White
Negotiating Parties: Kraig Clark and Todd Lutes, Clarks Corner Investments LLC
Under Negotiation: Price and Terms of Payment
ADJOURNMENT
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