CC/RDA 2009 04-21 Minutes
Poway City Council
Poway Redevelopment Agency
Council Chambers
13325 Civic Center Drive
Poway, California
April 21, 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, Betty Rexford, Don Higginson
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
Bob Manis Director of Development Services
Dena Fuentes Director of Redevelopment ServiceslDeputy 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,
Councilmember/ Director, City Managed 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:
Boy Scout Troop 109 led the Pledge of Allegiance.
City Councilmember Announcement:
Pet of the Week by Councilmember Rexford.
Councilmember Rexford introduced a cat, named Mrs. Whiskers, and a dog,
named Sam who are awaiting adoption at the Escondido Humane Society. The
Adoption Counselor can be reached at (760)888-2247.
Presentations:
Presentation by Boys & Girls Club - Youths from the Sulpizio Family Branch in
Poway presented 4 pictures to the City Council members. The pictures are
paintings and drawings they have done of various activities at the Boys & Girls
Club. Then they presented a card to Deputy Mayor pon Higginson to forward to
the Cafagna family.
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City of Poway Minutes— April 21, 2009
The following Certificates of Appreciation were presented: Councilmember
Rexford, presented Luis Becerra, Store Manager of the Poway and Carmel
Mountain Ranch Home Depots; Cunningham presented, Tom Piccolo of Wal-Mart;
and Councilmember Boyack presented, Scott Hutton, Scout Master of Boy Scout
Troop 109 for their pa�ticipation at the Candyland Holiday Festival.
Public Oral Communications:
Joe St. Lucas spoke about the proposed Sunrise PowerLink,
Michael Rothbart asked for support for the April 25` "Creek to Bay Clean-up."
Mary Ann Horton spoke about the proposed water rates.
Consent Calendar - Notice to Public:
Councilmember Cunningham requested Items 11 and 16 be pulled for discussion.
Motion by Councilmember Rexford and seconded by Councilmember
Cunningham to approve the Consent Calendar Items 8-22, except items 11
and 16 whichwere pulled for discussion, Motion carried by the following roll-
call vote:
Aye: Boyack, Cunningham, Rexford, Higginson
Noes: None
Absent: None
8. Approval of Reading by Title only and Waiver of Reading in full of
Ordinances on Agenda.
9. Ratification of Warrant Registers for the periods February 23 through
February 27, 2009; March 2 through March 6, 2009; March 9 through
March 13, 2009; March 16 through March 20, 2009; and March 23 through
March 27, 2009. (0475-20)
10. Approval of Minutes — City Council/Redevelopment Agency
March 17 Regular
March 23 Special
12. Acceptance of Annual Status Report on South Poway Business Park
Development Review Approvals from January 1, 1999, through December
31,2008. (0200-90)
13. Award of Bid for the FY 2008-09 ADA Barrier Removal Project Bid No. 09-
009 to New Century Construction Inc., the lowest responsible bidder, in
the amount of $43,173.5Q (0700-10)
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City of Poway Minutes— April 21,2009
14. Award of Bid for the Twin Peaks and Espola Pedestrian Improvements
Project (CIP# 1298) Bid No. 09-010 to Rentex Construction, Inc., the
lowest responsible bidder, in the amount of $136,094.00. (0700-10)
15. Adoption of Resolution No. 09-014 entitled: "A Resolution of the City
Council of the City of Poway, California establishing an all-way stop
control at the intersection of Kirkham Road and Kirkham Court."
(0850-40)
17. Acceptance of Improvements for Midland Road; Adrian Street; Temple
Street; Edgemoor Street; Unnamed Street (#5260); Bid No. 06-023 from
Daley Corporation, as cornplete; Authorize the City Clerk to file and record
the Notice of Completion; Authorize the release of the retention in the
amount of $329,089.56, if unencumbered, 45 days after filing the Notice of
Completion; Release the Material and Labor bond in the amount of
$5,558,413.30, and retain the bond for Faithful Performance for a period
of one year. (0700-10)
18. Acceptance of the Fire Station #2 Sewer Connection Project (CIP# 1552)
Bid No. 09-002 from Scott Michael, Inc., as complete; Authorize the City
Clerk to file and record the Notice of Completion; Authorize the release of
the retention in the amount of $3,308.17, if unencumbered, 45 days after
filing the Notice of Completion; Release the Material and Labor bond in
the amount of $64,570.74, and retain the bond for Faithful Performance
for a period of one year. (0700-10)
19. Acceptance of the Fire Protection Upgrades Project-Budwin Lane (CIP#
1744) Bid No. 08-010 from Southwest Civil Contracting, as complete;
Authorize the City Clerk to file and record the Notice of Completion;
Authorize the release of the retention in the amount of $20,243.82, if
unencumbered, 45 days after filing the Notice of Completion; Release the
Material and Labor bond in the amount of $320,996.50, and retain the
bond for Faithful Performance for a period of one year. (0700-10)
20. Acceptance of the Poway Directional Signage Project (CIP# 5910) Bid No.
08-024 from Fluoresco Lighting-Sign Maintenance 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 $9,783.71, if
unencumbered, 45 days after filing the Notice of Completion; Release the
Material and Labor bond in the amount of $195,377.40, and retain the
bond for Faithful Performance for a period of one year. (0700-10)
21. Acceptance of the Poway Midland Trestle Tie Replacement Project (CIP#
5641) Bid No. 09-007 from So Pac Rail, Inc., as complete; Authorize the
City Clerk to file and record the Notice of Completion; Authorize the
release of the retention in the amount of $3,660.00, if unencumbered, 45
days after filing the Notice of Completion; Release the Material and Labor
bond in the amount of $36,600.00, and retain the bond for Faithful
Performance for a period of one year. (0700-10)
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City of Poway Minutes— April 21, 2009
22. 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. Increase of Assessments through a Balloted Approval and Resolution
Increasing the Assessment Rate for 110 Properties within Landscape
Maintenance District (LMD) 86-2A. (0760-20)
Dennis Quillen, Acting Director of Public Works, provided the report.
Lisa Foster, City Attorney, asked if speaker slips had been submitted on
item. None received, City Attorney asked that ihe City Council trail this
item while the City Clerk and City Attorney will tabulate the ballots.
Council directed the City Clerk to receive and tally the ballots. Item was
trailed for the counting of the ballots.
2. Approval of Lease for Poway Stoway Facility, located at 13033 Poway
Road. APN: 317-472-18 (0700-10)
Tony Winney, Sr. Management Analyst provided 1he report.
No public speakers.
Motion by Councilmember Rexford seconded by Councilmember
Boyack to close the public hearing and authorize the Executive
Director to execute the lease agreement and related documents for
the lease of 13033 Poway Road. Motion carried unanimously.
3. Minor Conditional Use Permit (MCUP) 08-03 and Minor Development
Review Application (MDRA) 07-57; Alan and Debbie Gold, Owners: A
request for approval to construct a 10,238-square-foot, two-story, single-
family residence with an attached 2,124-square-foot garage, and a lighted
tennis court on a 3.14-acre parcel located at Lot 8 on Del Poniente Road
(Williams Ranch). The property is zoned Rural Residential and is located
within the Hillside/Ridgeline Review area. APN: 314-840-08 (0200-25)
Patti Brindle, City Planner provided the report.
Public Speakers in Support: Alan Gold, Property Owner.
Motion by Councilmember Rexford, seconded by Councilmember
Boyack to close the public hearing and adopt Resolution No. P-09-11
entitled: "A Resolution of the City Council of the City of Poway,
California, Approving Minor Conditional Use Permit 08-03 and Minor
Development Review Application 07-57 Assessor's Parcel Number
314-840-08." Motion carried unanimously.
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City of Poway Minutes— April 21, 2009
Trailed Jtem Continued:
1. Increase of Assessments through a Balloted Approval and Resolution
Increasing the Assessment Rate for 110 Properties within Landscape
Maintenance District (LMD) 86-2A. (0760-20)
Linda Troyan, City Clerk announced that the Ballots were mailed to
the 110 property owners of record and 56 were returned. Of these
56, 24 were in favor of the Assessment District and 32 opposed.
Consequently, no increase was assessed and no action taken at this
time.
4. Consideration of an additional appropriation of funds and modifications to
the Oak Knoll Villas Loan Agreement for the major renovation of an
existing 52-unit apartment complex focated at 12509 Oak Knoll Road.
(0700-10)
Steve Kuptz, Sr. Housing Development Analyst, provided the report.
No Public Speakers.
Motion by Councilmember Rexford, seconded by Councilmember
Cunningham to close the public hearing and authorize the following;
1) Appropriate $562,000 from the Redevelopment Agency
Unappropriated Fund Balance (471-8912) to the Oak Knoll Project
account (5949) to fund a$562,000 financing shortfall; 2) Approve the
First Redevelopment Agency Loan Modification Agreement and First
Amended and Restated Agency Promissory Note; 3) Adopt a
Resolution No. R-09-07 entitled: "A Resolution of the Poway
Redevelopment Agency Authorizing Execution of Specified
Documents in Connection with the Rehabilitation of the Oak Knoll
Villas." . Motion carried unanimously.
5. Variance (VAR) 09-01 and Minor Development Review Application
(MDRA) 08-06, US Financial LP, Owner: A request to const�uct a 3,033-
square-foot, two-story, single-family residence, with an attached 502-
square-foot garage, on a vacant 0.18-acre lot located on Coyotero Drive,
within the Residential Single-Family 7 zone. The applicant is requesting
Variance to exceed the 6-foot height limit to allow the proposed retaining
wall and fence on the east property line to be a maximum of 8 feet, 8
inches high. APN: 317-573-08 (0210-70)
Patti Brindle, City Planner, provided the report.
Public Speakers in Support: Kevin Burgess.
Motion by Councilmember Rexford, seconded by Councilmember
Cunningham to close the public hearing and adopt Resolution No.P-
09-12 entitled: "A Resolution of the City Council of the City of Poway,
California Approving Variance 09-01 and Minor Development Review
Application 08-06 Assessor's Parcel Number 317-573-08." Motion
carried unanimously. 9175
City of Poway Minutes— April 21, 2009
Staff Report:
6. Update Regarding County Funding of Library Operations. (0490-80)
Dena Fuentes, Director of Community Services, gave an update on the
current status of negotiations with the County regarding the County
assuming the cost of staffing Sunday hours and the annual utilitfes. The
County agreed to fund "Sunday Hours" as of January 2009. Staff is
pursuing having the County pay the utility expense of $70,000 from
SDG&E effective July 15, notifying the County of this modification to the
joint sharing agreement providing them 2 months notice.
Report received and filed.
Workshop Items:
7. Water Conservation Rate Study f Water Rate Alternatives. (0930-10)
Tina White, Director of Administrative Services provided the report and
introduced Mr. Alex Handlers of Bartle Wells Associates who provided a
PowerPoint presentation outlining the rate sfructure.
Public Speakers in Support: Bruce Tarzy, Dan Dotson
Public Speakers in Opposition: Lynnette Perkes, Rhodel Dacanay, Pete
Babich
Public Speakers with Neutral Position: Dee Fleischman, Tom Knothe
Received information from Bartle Wells Associates and directed staSf
to return on May 19` with amended inclined block rate schedule for
residential and higher uniform rates for multi-family and industrial
users.
Consent Calendar Items pulled:
11. Acceptance of Comprehensive Annual Financial Report — FY 2007-08.
(0410-10)
Motion by Councilmember Cunningham and seconded by
Councilmember Rexford to approve. Motion carried unanimously.
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City of Poway Minutes— April 21, 2009
16. Adoption of Resolution No. 09-015 entitled: "A Resolution of the City
Council of the City of Poway, California Establishing a stop control on
Sagecrest Drive approaching the intersection with Brookstone Drive."
(0850-40)
Motion by Councilmember Cunningham and seconded by
Councilmember Rexford to approve. Motion carried unanimously.
Council expressed words of sympathy and remembrance in the passing of Mayor
Cafagna on April 11, 2009. The meeting was adjourned at 9:56 p.m. in memory of
Mayor Mickey Cafagna.
� A. Troyan, MMC
�tty Clerk
City of Poway, Califomia
9177