CC/RDA 2009 05-05 Minutes
Poway City Council
Poway Redevelopment Agency
Council Chambers
13325 Civic Center Drive
Poway, California
May 5, 2009
The Special Meeting of the Poway City Council and Poway Redevelopment Agency was
called to order by Mayor Higginson at 6:05 p.m.
Councilmembers/Directors Present:
Merrilee Boyack, Jim Cunningham, Don Higginson
Councilmembers/Directors Absent:
Betty Rexford (arrived 6:35 p.m.)
Staff Members Present:
Rod Gould City Manager/Executive Director
Penny Riley Assistant City Manager/Asst. Executive Director
Lisa Foster City Attorney/Agency Couhsel
City Attorney Item - Closed Session:
As requested by City Attorney Foster, the City Council adjourned into Closed Session at
6:05 pm.
A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Authority: Gov't Code Section 54956.9(a)
Name of Case: Basile, Cannon et al v. City et al,
U.S. District Court Case No. 07 CV 1793 DMS JMA.
Councilmember Rexford joined the Closed Session, Item B, at 6:35 p.m.
B. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION.
Authority: Gov't Code Section. 54956.9(a)
Name of Case: Tartre/Armstrong V. City of Poway
San Diego Superior Gourt Case No. 37-2008-00076297-CU-NP-CTL
Call to Order and Adjournment:
The meeting was called back to order at 6:55 p.m. in open session with all
Councilmembers present. The Special Meeting adjourned at 6:55 pm.
in a A. Troyan, M ' 9180
-Ct y Clerk
Minutes
Poway City Council
Poway Redevelopment Agency
Council Chambers
13325 Civic Center Drive
Poway, California
May 5, 2009
The Regular Meeting of the Poway Gity 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 Ciiy 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 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
Attomey, and City Clerk shall be used to indicate Mayor/Chair, Deputy Mayor/Deputy Chair,
Councilmember/ Director, City Manager/ Executive Director, Asst. City Manager/Asst. Exec.
Director, Dir. of Redev. Services/Deputy Exec. Director, Dir. of Admin. Services/Treasurer, City
Attomey/Agency Counsel and City Clerk/Secretary.)
Pledge of Allegiance:
Mayor Higginson led the Pledge of Allegiance.
City Councilmember Announcement:
Pet of the Week by Councilmember Rexford — A cat, named Frankie, and a dog,
named Sophia, are available for adoption at the Escondido Humane Society.
Presentations:
Presentation of Proclamation for Municipal Clerks Week May 3-9, 2009.
Mayor Higginson presented a Proclamation honoring Municipal Clerks Week to Linda
Troyan, City Clerk of the City of Poway.
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City of Poway Minutes— May 5, 2009
Presentation of Proclamation Declaring May 2009 as Drowning Prevention Month.
Mary Ann Downing, board member of the National Drowning Prevention Alliance and
member of SafeKids San, gave a presentation on drowning prevention.
Presentation of Fourth-Grade Water Conservation Poster Contest Winners.
Sarah Hamm, Water Conservation, announced the winners of the Water Conservation
Awareness Poster contest for Poway's 4` grade students. The top three winning
students' posters were displayed and will be in the 2010 Water Conservation
Awareness Calendar.
Mayor Higginson presented certificates to the top three winners: Rebecca Sampson,
Kylie Wilke and Ashkan Hassani.
Presentation of Service Awards to Garrett Moreau, Technical Theatre Coordinator
(15 years); Lisa Najmi, Front of House Coordinator (10 years).
Belinda Romero, Manager, Community Services Department, presented Service
Awards to Garrett Moreau and Lisa Najmi highlighting their years of service to the
community.
PublicOral Communications:
Joe St. Lucas spoke about and distributed bookmarks recognizing "Fibromyalgia
Awareness Day" to be held on May 12, 2009.
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 3-11. Motion carried by the following roll-call
vote:
Aye: Boyack, Cunningham, Rexford, Higginson
Noes: . None
Absent: None
3. Approval of Reading by Title only and Waiver of Reading in full of
Ordinances on Agenda.
4. Ratification of Warrant Registers for the periods March 30 through April 3,
2009 and April 6 through April 10, 2009. (0475-20)
5. Approval of Minutes — City CounciVRedevelopment Agency
April21 Regular
6. Award of Contract to Advanced Web Offset, Incorporated for Quarterly
Printing of the Poway Today Newsletter. (0700-10)
7. Award of Bid for the 20�8-2�09 Overlay Project (CIP#407-4320) Bid No. 09-
011 to SRM Contracting & Paving the lowest responsible bidder, in the
amount of $369,000.00. (0700-10)
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City of Poway Minutes— May 5, 2009
8. Approval of Class Specification and Salary Range for Special Projects
Engineer. (0510-90)
9. Adopt Resolution entitled: "A Resolution of the City Council of the City of
Poway, California, Regarding Annual Designation of Areas Inappropriate for
Second Dwelling Units in Single-Family Residential Zones and Rescinding
Resolution No. 08-023." (0210-90)
10. Approval of Positions on Pending Legislation. (0740-55)
11. 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 4l5ths vote) (0320-30)
Public Hearings:
1. Modification to Major Use Permit (MUP) P77-71M(2) and Development
Review (DR) 93-02R; St. John of Damascus Orthodox Church, Applicant: A
proposal to remove an existing 2,200-square-foot modular building and
replace it with three conventionally constructed buildings, totaling 6,500
square feet. The new buildings will contain a social hall, classrooms,.
meeting rooms and office spaces. The existing sanctuary will not be
modified. The church is located at 16903 Espola Road, within the Rural
Residential C zone. APN: 273-820-09 (0210-50)
Mayor Higginson announced staff requested a continuance to resolve
additional concerns that have been raised.
Motion by Cunningham, seconded by Rexford, to continue the Public
Hearing to May 19, 2009 at 7:00 pm. Motion carried unanimously.
2. Resolution of Necessity Approving Acquisition of Easements by Eminent
Domain for the High Valley Pump Station Project located at 14218 High
Valley Road (Schumacher; Property 14218 High Valley Road). APN: 321-
012-55 (0780-08)
Lisa Foster, City Attorney, reported on the item.
Public Speakers in Opposition: Barbara and Leonard Schumacher, property
owners; Gloria Otten; William Koska, Attorney representing the
Schumacher's.
Public speakers with a Neutraf position: Armand Salvi.
In response to questions of Councl, Bob Manis, Director of Development
Services, advised it would cost approximately $1 million dollars to move the
pump station to another location such as across the street.
In response to the property owners' concems with noise, clean up of the
site, and an early start time, Council's desire was for staff to mitigate these
issues. 9183
City of Poway Minutes— May 5, 2009
Motion by Cunningham, seconded by Boyack to close the public
hearing; and adopt resolution entitled: "A Resolution of the City
Council of the City of Poway, California, Finding and Determining the
Necessity that Certain Easements be Acquired by the City under
Eminent Domain Proceedings; Directing the City Attorney to
Commence a Court Action for Said Purpose (Schumacher APN 321-
012-55)." Motion carried unanimously.
City Manager Report:
City Manager Gould advised Council of a new state budget option presented to the
Governor that bo�rows 8 percent of city, county and special district property tax
revenues to help close the state's fiscal year 2009-2010 budget. He will be working on
what this means to the City of Poway.
Mayor and City Council-{nitiated Items:
14. City Council Review and Selection of Applicants for City Council Vacancy
Interviews (0710-10)
Dorothy Gesick expressed support for Pete Babich.
Council expressed pleasure with the amount and quality of the applications
received.
Council consensus to interview the following on May 19, 2009 at 5:00
pm: Janet Di Prinzio, Richard Miller, Chuck Cross, Carl Kruse,
Alexandra Elizabeth Page, David Knopp, Jonathan G. Smith, John D.
Fitch, Sabrina Kealoha Butler.
16. Councilmember Cunningham recognized that the City should begin the
process for naming a highway or roadway in honor of our past Mayor
Mickey Cafagna.
17. Councilmember Rexford questioned who should the public contact
regarding water running down the streets. Staff responded the Water
Conservation Team at Ext. 4513 or online on the City's Webpage.
The meeting was adjourned at 8:30 p.m.
._� \
Li A Troyan, MMC
ity Clerk
City of Poway, California
9184