CC/RDA 2009 02-03
Minutes
Poway City Council
Poway Redevelopment Agency
Council Chambers
13325 Civic Center Drive
Poway, California
February 3, 2009
The Regular Meeting of the Poway City Council and Poway Redevelopment Agency
was called to order by Mayor Cafagna at 7'07 p.m.
CouncilmemberslDirectors Present:
Merrilee Boyack, Jim Cunningham, Don Higginson, Betty Rexford, Mickey Cafagna
Councilmembers/Directors Absent:
None
Staff Members Present:
Penny Riley Assistant City Manager/Asst. Executive Director
Lisa Foster City Attorney/Agency Counsel
Linda A. Troyan City Clerk/Secretary
Tina White Director of Administrative ServiceslTreasurer
Robert Manis Director of Development Services
Robert Clark Director of Community Services
Dena Fuentes Director of Redevelopment Services/Deputy Exec. Director
Dennis Quillen Assistant Director of Public Works
Mark Sanchez Director of Public Safety
Todd Frank Sheriffs Captain
(Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, City
Attorney, and City Clerk shall be used to indicate Mayor/Chair, Deputy Mayor/Deputy Chair,
Councilmember/ Director, City Manager/ Executive Director, Ass!. City Manager/Ass!. Exec.
Director, Dir of Redev Services/Deputy Exec. Director, Dir of Admin. ServiceslTreasurer, City
Attorney/Agency Counsel and City Clerk/Secretary )
Pledge of Allegiance:
Deputy Mayor Higginson led the Pledge of Allegiance.
City Councilmember Announcement:
Councilmember Rexford introduced a cat named Sheena and a dog named Diesel,
who are awaiting adoption at the Escondido Humane Society The Adoption
Counselor can be reached at (760)888-2247
9145
City of Poway Minutes- February 3, 2009
Presentations:
Deputy Mayor Higginson presented a Savings Bond to Ella O'Neal Scowby -
Poway's First Baby Born in 2009
Mark Sanchez, Director of Safety Services presented a Service Award to Elliot
Hunter (Fire Captain - 25 years)
Dennis Quillen, Acting Director of Public Works, accepted a Service Award for Paul
Vasquez (Parks and Maintenance Worker II - 15 years) on his behalf
Councilmember Rexford presented a Certificate of Appreciation to Bill Cross for his
service on the Housing Commission - April 25, 1995 - January 20,2009
Councilmember Boyack presented a Certificate of Appreciation to Ann Tipps, for her
service on the Parks and Recreation Committee - May 22, 2001 - January 20, 2009
Councilmember Cunningham said a few words of recognition for Pat Bresee's
service on the Redevelopment and Housing Advisory Committee - March 23, 2004
- January 20, 2009 Pat Bresee was not in attendance, the Certificate of
Appreciation and a copy of the DVD of the City Council meeting will be mailed to
her
Public Oral Communications:
Ed Carboneau spoke regarding the lack of traffic enforcement in Poway
Buzz Rehmann spoke regarding his concern with the budget and the cash flow
deficit.
Consent Calendar - Notice to Public:
Motion by Councilmember Rexford and seconded by Deputy Mayor Higginson
to approve the Consent Calendar Items 6-12. Motion carried by the following
roll-call vote: Aye: Boyack, Cunningham, Rexford, Higginson, Cafagna
Noes: None
Absent: None
6. Approval of Reading by Title only and Waiver of Reading in full of Ordinances
on Agenda.
7 Ratification of Warrant Register for the Period of December 22 through
December 26, 2008, December 29, 2008 through January 2, 2009; and
January 5 through January 9, 2009 (0475-20)
8 Approval of Minutes - City Council/Redevelopment Agency
January 20 Regular
9 Acceptance of the High Valley Emergency Access Road Project (CIP#1297)
Bid No 08-022 from Mega Engineering Company; Authorize the City Clerk to
file and record the Notice of Completion, and Authorize the release of the
retention in the amount of $19,44786, if unencumbered, 45 days after filing
the Notice of Completion, Release the SureTec Insurance Company Bond for
9146
City of Poway Minutes- February 3, 2009
Material and Labor in the amount of $177,819.28, and Retain the SureTec
Insurance Company Bond for Faithful Performance for a period of one year
(0700-10)
10 Acceptance of the Future Restaurant Site and Detention Basin-B
Improvements Project (CIP#5909) Bid No 08-002 from Excel Commercial
Constructors, Authorize the City Clerk to file and record the Notice of
Completion, and Authorize the release of the retention in the amount of
$73,558.88, if unencumbered, 45 days after filing the Notice of Completion,
Release the Liberty Mutual Insurance Company Bond for Material and Labor
in the amount of $772,46540; and Retain the Liberty Mutual Insurance
Company Bond for Faithful Performance for a period of one year (0700-10)
11 Adoption of a Resolution Entitled, "A Resolution of the City Council of the City
of Poway, California, Declaring the Intention to Vacate a Portion of Temple
Street and a portion of Brighton Avenue (Vacation Nos. 09-01 and 09-02);"
and Direct the City Clerk to Publish and Post Public Notices. (0780-60)
12. Receive Report of Emergency Repair Expenditures Pertaining to the Witch
Creek Fire and Continue the City Manager's Authorization to Make the
Necessary Emergency Repairs Under Authority of Resolution No 07-079,
Adopted on October 25, 2007 (Requires a 4/5ths vote) (0320-30)
Public Hearings:
1 Ordinance No 688 and 689 - First Reading of two (2) Ordinances and
adoption of two (2) Resolutions, City of Poway Redevelopment
Agency/Interfaith Housing Incorporated, Co-Applications.
a. "An Ordinance of the City of Poway, California Approving Zone
Change (ZC) 08-01 to Change the Zoning Designation on a 3 D-
acre parcel from Residential Single-Family 7 to Residential
Apartment and approximately 0 97 acres of a 1 07 -acre parcel
from Commercial General to Residential Apartment, located east
of Midland Road between Edgemoor Street and Adrian Street,
Assessor's Parcel Numbers. 314-220-69 & 70," and,
b "An Ordinance of the City of Poway, California Approving Specific
Plan 08-01 for an Affordable Housing Project located east of
Midland Road between Edgemoor Street and Adrian Street,
Assessor's Parcel Numbers. 314-220-69 & 70," and;
c. "A Resolution of the City Council of the City of Poway, California,
Approving General Plan Amendment 08-03 Assessor's Parcel
Numbers 314-220-69 & 70," and;
d. "A Resolution of the City Council of the City of Poway, California
Approving Development Review (DR) 08-05, Assessor's Parcel
Numbers: 314-220-69 & 70 " (0220-40)
Jim Lyon, Senior Planner presented a PowerPoint presentation and
responded to questions of Council. 9147
City of Poway Minutes- February 3, 2009
Public Speakers in Support: Matthew Jumper, Interfaith Housing Developer
Public Speaker with a Neutral position. Joe St. Lucas.
Public Speakers in Opposition: Roger Mohling, Ben McCoy; Lynette Perkes,
Roberta McCoy; H. Mickens Jr, Barbara Lerma, Don R. LeRoux; Dee
Fleishman.
City Clerk Troyan read the titles of the Ordinances.
Motion by Deputy Mayor Higginson seconded by Councilmember
Rexford to continue the public hearing; approve the Mitigated Negative
Declaration; introduce the Ordinances for Zone Change 08-01 and
Specific Plan 08-01 for first reading by title only; adopt Resolutions
entitled above approving a General Plan Amendment 08-03, and
Development Review 08-05, and schedule the second reading and
adoption of the Ordinances for February 17, 2009. Motion carried
unanimously.
2. Approval of Minor Conditional Use Permit 08-02, Timothy A. Bunch,
Applicant! Gary Ingoglia, for Delta Design, Inc., Owner A request to install a
steel storage container at an existing industrial business located at 12365-67
Crosthwaite Circle, within the Industrial Park Land Use Designation of the
South Poway Specific Plan area. APN: 317-280-56 (0210-50)
No public speakers for this item.
Motion by Deputy Mayor Higginson seconded by Councilmember
Rexford to close the public hearing and adopt the resolution entitled,
"A Resolution of the City Council of the City of Poway, California
Approving Minor Conditional Use Permit 08-02 Assessor's Parcel
Number 317-280-56." Motion carried unanimously.
Staff Reports:
4 Approval of the Capital Improvement Projects for a Treated Water Connection
and a Redundant Clearwell Pipeline (0430-50)
Tom Howard, Public Works Utility Manager, provided the report, with display
of proposed water projects on overhead screen.
No public speakers for this item.
Motion by Deputy Mayor Higginson seconded by Councilmember
Rexford to Authorize the Capital Improvement Program to include the
Treated Water Connection and Redundant Clearwell Pipeline projects.
Motion carried unanimously.
9148
City of Poway Minutes- February 3, 2009
5 Approval of the Poway Skate Park Automated Access Control System.
(0430-50)
Motion by Deputy Mayor Higginson seconded by Councilmember
Boyack to remove this item from the agenda. Motion carried
unanimously.
3 Approval of the Capital Improvement Program Funding Update and
Consideration of Appropriations of the City of Poway/Poway Redevelopment
Agency Capital Improvement Program and Benefit Resolutions for the Poway
Redevelopment Agency (0430-50)
Frank Casteleneto, City Engineer, provided the report.
Council was provided with an amended City Council resolution reflecting
removal of skate park appropriations.
Motion by Deputy Mayor Higginson seconded by Councilmember
Boyack to close the public hearing and adopt the resolutions entitled,
"A Resolution of the City Council of the City of Poway, California,
Approving a Revised Capital Improvement Program Budget for Fiscal
Year 2008-2009"; "A Resolution of the Poway Redevelopment Agency,
Approving a Revised Capital Improvement Program Budget for Fiscal
Year 2008-2009"; "A Resolution of the City Council of the City of
Poway, California, Determining that the Poway Community Park Project
is of Benefit to the Paguay Redevelopment Project"; and "A Resolution
of the Poway Redevelopment Agency, Determining that the Poway
Community Park Project is of Benefit to the Paguay Redevelopment
Project. Motion carried unanimously.
City Manager Item: None
Mayor and City Council-Initiated Items:
16 JIM CUNNINGHAM
Councilrnember Cunningham reported on his attendance at the League of
California Cities 2009 New Mayor and Council Members Academy held
January 21-23
City Attorney Item:
14 CLOSED SESSION:
Conference with Legal Counsel - Existing Litigation
Gov't Code section 54956 9(a)
Name of Case' Poway Royal Mobile Home Owners Association v Poway
Redevelopment Agency et ai, Consolidated Case Nos. 37-2007-00082714-
CU-MC-CTL and 37-2008-00080248-CU-MC-CTL.
Mayor Cafagna called for a closed Session at 9'17 p.m. as requested by City
Attorney Foster and the City Council adjourned into Closed Session.
9149
City of Poway Minutes- February 3, 2009
Call to Order and Adjournment
Mayor Cafagna called the meeting back to order at 9'36 p.m in open session with all
Councilmembers present and stated there was no reportable action taken on the Closed
Session item.
Mayor Cafagna adjourned the Regular Meeting at 9'37 p.m.
.
~
Linda A. Troya , MMC
City Clerk
City of Poway, California
9150