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CC/RDA 2009 03-17 Minutes Poway City Council Poway Redevelopment Agency Council Chambers 13325 Civic Center Drive Poway, California March 17, 2009 The Regular Meeting of the Poway City Council and Poway Redevelopment Agency was called to order by Deputy Mayor Higginson at 7:03 p.m. Councilmembers/Directors Present: Merrilee Boyack, Jim Cunningham, Don Higginson, Betty Rexford Councilmembers/Directors Excused: Mickey Cafagna Staff Members Present: Rod Gould City Manager/Executive Director 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 Services/Treasurer Robert Clark Director of Community Services Bob Manis Director of Development 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 Sheriff's 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, Councilmembe�/ Director, City Manager/ Executive Director, Asst. City Manager/Asst. Exec. Director, Dir. of Redev. Services/Deputy Exec. Director, Dir. of Admin. Services/Treasurer, City Attorney/Agency Counsel and City Clerk/Secretary.) Pledge of Allegiance: Counci�member Rexford led the Pledge of Allegiance. City Councilmember Announcement: Councilmember Rexford introduced a cat named Charlie and a dog named Domino, who are awaiting adoption at the Escondido Humane Society. The Adoption Counselor can be reached at (760)888-2247. Presentations: None. 9163 City of Poway Minutes— March 17, 2009 Public Oral Communications Lynette Perkes spoke regarding grey water and water conservation. Dee Fleischman spoke on water conservation issues. Donna Taylor spoke in opposition of the Poway Skate Park Automated Access Control System and Security Camera Solution approved at the March 3` City Council meeting. K.J. Koljonen, with Community HousingWorks announced and congratulated the City of Poway and Redevelopment Agency on receipt of a leadership award from Community HousingWorks on the City's affordable housing projects. Chester Mordasini of the Teamsters Local 911, introduced himself and the leadership team representing City employees. Consent Calendar - Notice to Public: (Approved by Roll-Call Vote) Motion by Councilmember Rexford and seconded by Councilmember Boyack to approve the Consent Calendar Items 6-14, except items 8 and 11 being pulled for discussion. Motion carried by the following roll-call vote: Aye: Boyack, Cunningham, Rexford, Higginson Noes: None Absent: Cafagna 6. Approval of Reading by Title only and Waiver of Reading in full of Ordinances on Agenda. 7. Ratification of Warrant Registers for the periods February 9 through February 13, 2009 and February 16 through February 20, 2009. (0475-20) 9. Adopt Resolutions 09-011 & R-09-05 Approving the Conveyance of Real Property by the Poway Redevelopment Agency to the City of Poway; Approve the Conveyance Agreement between the Poway Redevelopment Agency and the City of Poway for Use and Operation of Public Facilities of Benefit to the Paguay Redevelopment Project Area. (0780-08) 10. Acceptance of the 2008 Annual Report — Implementation Status of the City of Poway General Plan. (0230-90) 12. Acceptance of the 2008-2009 Seal Coat Project (#407-4320) — Bid No. 06- 012 from Roy Allan Slurry Seal; Authorize the City Clerk to file and record the Notice of Completion; Authorize the release of the retention in the amount of $55,748.16, if unencumbered, 45 days after filing the Notice of Completion; Release the Material and Labor Bond in the amount of $1,100,282.85 and retain the Faithfui Performance Bond for a period of one year. (0700-10) 9164 City of Poway Minutes— March 17, 2009 13. Adopt Resolution 09-013 - Summary Vacation of a portion of York Avenue and a portion of Edgemoor Street (Vacation No. 09-03) (0780-60) 14. Receive Report of Emergency Repair Expenditures Pertaining to #he 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. Conditional Use Permit (CUP) 05-02M; Meridian Telecom (for Verizon), Applicant: A request to install a back-up generator for an existing telecommunications facility at 12601 Cobblestone Creek Road. The subject property is located south of Poway Road, in the Rural Residential A(RR-A) zone. APN Nos. 316-063-02 and 05. (0210-30) Patti Brindle, City Planner, reported on the request for a CUP. No public speakers for this item. Motion by Councilmember Rexford seconded by Councilmember Boyack to close the public hearing; and adopt Resolution P-09-09 entitled: "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit (CUP} 05-02M Assessor Parcel Numbers 316-063-02 and O5." Motion carried by unanimous vote of those present, Cafagna absent. 2. Consideration to Approve the Amendment to the FY 2009-10 Community Development Block Grant (CDBG) program. (0250-10) Ashley Jones, Management Analyst, reported on the item and responded to questions of Council. No public speakers for this item. Motion by Councilmember Rexford seconded by Councilmember Boyack to close the public hearing; and approve the reallocation of $40,993.93 in unspent FY 07-08 CDBG funds to the FY09-10 CDBG Program. Motion carried by unanimous vote of those present, Cafagna absent. Staff Report: 3. Consideration to Approve the FY 2008-2009 Midyear Evaluation and Financial Program Amendments. Organization Goals and Objectives — Midyear Update. (0400-45) 9165 City of Poway Minutes— March 17, 2009 Rod Gould, City Manager, gave a report on the City's financial status and outlined the proposed mid-year budget adjustments for FY 2008-09 listed in the staff report. Each Department Director gave an overview of the departmenYs budget and the progress on the annual departmental goals and objectives. Public Speakers in Support: None. Public Speakers in Opposition to use of Library Endowment funds: Wendy Rios, representing Friends of the Poway Library; Joye Davisson. Public Speakers with Neutral Position: Joe St. Lucas Motion by Councilmember Cunningham seconded by Councilmember Boyack to adopt Resolution Nos. 09-012 and R-09-06 entitled: "A Resolution of the City Council of the City of Poway, California, Approving Midyear Amendments to the City's Financial Program for Fiscal Year 2008-2009," and "A Resolution of the Poway Redevelopment Agency Approving Midyear Amendments to the Agency's Financial Program for Fiscal Year 2008-2009," as amended excluding $100,000 reduction from the Library Endowment Fund. Motion carried by unanimous vote of those present, Cafagna absent. 4. Hillside/Ridgeline Review Minor Development Review (MDRA) 08-49WCF, Robert Waldon, Applicant: A request to construct a 3,�00-square-foot replacement residence and an attached two-car garage on the Witch Creek Fire impacted property located at 15112 Oak Canyon Road within the Rural Residential A(RR-A) zone. APN: 278-290-06 (0200-25) Carol Rosas, Associate Planner, outlined the project and advised the following additional condition needed to be added to the Resolution: 3. The area of the proposed d�iveway surfacing is greater than 5,000 square feet. The applicant shall include on the grading plans provisions for compliance with the City's Standard Urban Storm Water Mitigation Plan Ordinance. No public speakers for this item. Motion by Councilmember Rexford seconded by Councilmember Boyack to Adopt Amended Resolution No. P-09-10 entitled: "A Resolution of the City Council of the City of Poway, California, Approving Hillside/Ridgeline Minor Development Review Application 08- 49WCF Assessor's Parcel Number 278-290-06," with an additional condition requiring provisions for compliance with the City's Standard Urban Stormwater Mitigation Plan Ordinance." Motion carried by unanimous vote of those p�esent, Cafagna absent. 9166 City of Poway Minutes— March 17, 2009 Workshop Items: 5. Water Conservation Rate Study/Water Rate Alternatives. (0490-15) Tina White, Director of Administrative Services, introduced the report. Because of drought conditions, possible reductions in raw water deliveries and increases in the cost of raw water, staff and a consultant evaluated alternative water rate structures that encouraged conservation. The consultant, Alex Handlers, Bartle Wells Associates, presented a PowerPoint presentation outlining the findings to Council and alternate rate structures. Public Speakers in Support: Pete Babich. Public Speakers in Opposition: None. Public Speakers with a Neutral position: Lynnette Perkes, Joe St. Lucas, Donna Tylor, Tom Bradley, Tom Knothe, Bill Chipman. Submitted a Speaker Slip but Not Wishing to Speak: Linda Farmer asking not to penalize those who have taken steps to reduce water use. Councilmember Boyack comments included inclining block rates for single- family residential, looking at a steeper rate and incentive penalties to modify behavior, providing an incentive for commercial or multi-family, and concern with longevity of rate structure. Tina White, Director of Administrative Services, responded that the notice for the Prop 218 hearing could be worded so that rates could be adjusted due to pricing and any additional need to conserve. They can be automatically adjusted due to inflation and pass through costs. Councilmember Cunningham believed the block break point of 40-100 is huge and suggested more equitable break points such as 0-10, 10-40, 40-65, 65- 80 and tiers between 100 and 200. Councilmember Rexford concurred with Councilmembers Boyack and Cunningham noting lower rate payers will still pay more. Deputy Mayor Higginson also concurred with modifying the inclining block rate as suggested. He urged water conservation inside one's house as well as outside. Staff to refine the block structure and notice per Council comments and return at the April 21, 2009 meeting. 9167 City of Poway Minutes— March 17, 2009 Consent Calendar Items pulled: 8. Approval of Minutes — City CouncillRedevelopment Agency March 3 Regular Dee Fleischman suggested page 6, Item 5 of the minutes be amended to reflect Jerry Hargarten spoke in support of staff's recommendation. 11. Approval of Consultant Agreement between the City of Poway and LSA Associates, Inc., and the Hold Harmless and Reimbursement Agreement between Wal-Mart Stores, Inc. and the City of Poway for the Wal-Mart Expansion Project Environmentai Impact Report (Development Review 90- 12R(2))_ (0700-10) Adriane Levy Corbin spoke against Wal-Mart and its affect on the local economy and asked Council to look at more information than the EIR may provide - to broaden the scope in terms of what will be looked at when decisions are made. Diana Newland asked what would need to be done to have the Poway Post Office designated as a historical building in regard to Wal-Mart's proposed expansion. Bob Manfs, Director of Dev. Services advised Ms. Corbin of upcoming meetings on the EIR. Motion by Councilmember Cunningham and seconded by Councilmember Rexford to approve the Consent Calendar Items 8 as amended and 11. Motion carried by the following roll-call vote: Aye: Boyack, Gunningham, Rexford, Higginson Noes: None Absent: Cafagna City Attorney Item: None. City Managerltem: None. Mayor and City Council-Initiated Items: 17. Councilmember Boyack acknowledged, "IYs a great day to be alive," and wished everyone a Happy St. Patrick's Day. 18. Councilmember Cunningham reported on MTS Board meeting advising the City is able to retain all bus routes in Poway, but with a reduction in services due to State budget cuts. 9168 City of Poway Minutes— March 17, 2009 19. Deputy Mayor Higginson requested and received concurrence to appoint the following members to the Budget Review Committee for Fiscal Year 2009 — 2010 as submitted. (0120-10) Sabrina Kealoha Butler by Councilmernber Boyack Paul Dolan by Councilmember Cunningham Kevin McNamara by Deputy Mayor Higginson David Hughes by Councilmember Rexford 20. Councilmember Rexford commented on a letter she received regarding the Chamber's audiolvisual, announced Escondido Humane Society's annual "PAWs in the Park" walk will be March 29, suggested staff attend the April 6, 2009 LAFCO meeting on water issues and wished everyone a Happy St. Patrick's Day.. Adjournment Councilmember Cunningham adjourned the meeting at 10:36 p.m. with an Irish toast wishing everyone a Happy St. Patrick's Day d A. Troyan, MMC Cit3�Clerk City of Poway, California 9169