CC/RDA 2009 05-19
Minutes
Poway City Council
Poway Redevelopment Agency
Council Chambers
13325 Civic Center Drive
Poway, California
May 19, 2009
The Special Meeting of the Poway City Council and Poway Redevelopment Agency was
called to order by Mayor Higginson at 5:04 p.m.
CouncilmemberslDirectors Present:
Merrilee Boyack, Jim Cunningham, Betty Rexford, Don Higginson
CouncilmemberslDirectors Absent: None.
Staff Members Present:
Rod Gould City Manager/Executive Director
Penny Riley Assistant City Manager/Asst. Executive Director
Lisa Foster City Attorney/Agency Counsel
Linda Troyan City Clerk/Agency Secretary
Councilmember Vacancy Candidate Interviews:
The following were interviewed to fill the unexpired term of the Councilmember vacancy
created by the appointment of Councilmember Higginson to Mayor on April 28, 2009:
Sabrina Kealoha Butler, Chuck Cross, Jonathan G. Smith, Janet Di Prinzio, Richard
Miller, Alexandra Elizabeth Page, John D. Fitch, David Knopp, Carl Kruse.
Council asked each candidate the same nine interview questions followed by discussion
and selection of the appointee at the 7 p.m. Regular City Council meeting.
Adjournment:
The Special Meeting adjourned at 7:08 pm.
l<i' ./
A. Troyan, MMC
City Clerk
9185
Minutes
Poway City Council
Poway Redevelopment Agency
Council Chambers
13325 Civic Center Drive
Poway, California
May 19, 2009
The Regular Meeting of the Poway City Council and Poway Redevelopment Agency
was called to order by Mayor Higginson at 7:03 p.m.
CouncilmemberslDirectors Present:
Merrilee Boyack, Jim Cunningham, Betty Rexford (left @ 9:35), 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 ServiceslTreasurer
Bob Manis Director of Development Services
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 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:
Mayor Higginson led the Pledge of Allegiance.
City Council member Announcement:
Pets of the Week by Council member Rexford - A cat named Laney and a dog
named Gretchen are available for adoption at the Escondido Humane Society.
Presentations:
Presentation of Service Awards to Mark Sanchez, Director of Safety
Services (35 years) and Jose "Tony" Ulloa, Construction Maintenance Crew
Leader (10 years).
Rod Gould, City Manager, presented a service award to Mark Sanchez in honor
of his 35 years with the City. Dennis Quillen, Acting Director of Public Works,
presented Jose "Tony" Ulloa with a service award in honor of his 1 0 years.
9186
City of Poway Minutes- May 19, 2009
Presentation of "Grad Nite Funding" to Poway High School
Mayor Higginson presented the following Grad Nite Funding:
Rancho Bernardo High - Donna McClay - $500
Poway High - Shandra Colling - $3,000
Westview High - Cindy Kodama - $100
Mt. Carmel High - Julie Berry - $200
Abraxas High - Rudy Casciato - $500
Presentation of Certificate of Appreciation for 15 Years of Service to
Reserve Park Rangers: Tom Claus, Helen Reynolds, Jim Matlock, Alice
Ketcham and Ed Ketcham.
Belinda Romero, Community Services Manager, recognized the Reserve Park
Rangers' years of experience and Mayor Higginson presented Certificates of
Appreciation.
City Council Vacancy Discussion and Appointment
Mayor Higginson declared the discussion open among the Council for consideration of
the nine applications. Interviews were conducted at the 5:00 p.m. Special Meeting.
Mayor Higginson asked each Councilmember to provide two names for nomination.
Councilmember Rexford selected John Fitch and Carl Kruse.
Councilmember Boyack selected Carl Kruse and Sabrina Butler.
Councilmember Cunningham selected Dr. Alexandra Page and Janet DiPrinzio.
Mayor Higginson selected John Fitch and Dr. Alexandra Page.
Motion by Councilmember Cunningham, seconded by Mayor Higginson to
appoint Dr. Alexandra Page to fill the current City Councilmember vacancy.
Motion failed 2-2 with Councilmembers Boyack and Rexford opposed.
Motion by Councilmember Rexford, seconded by Mayor Higginson to appoint
John Fitch to fill the current City Councilmember vacancy. Motion failed 2-2 with
Councilmembers Cunningham and Boyack opposed.
Motion by Councilmember Boyack to appoint Carl Kruse to fill the current City
Council member vacancy. Motion died for lack of a second.
Motion by Councilmember Cunningham, seconded by Councilmember Boyack to
Appoint Sabrina Butler to fill the current City Councilmember vacancy. Motion
failed 2-2 with Mayor Higginson and Councilmember Rexford opposed.
9187
City of Poway Minutes- May 19, 2009
Motion by Councilmember Cunningham, seconded by Mayor Higginson to
interview 3 candidates (Dr. Alexandra Page, Carl Kruse and John Fitch) at a
Special Meeting with staff to come up with ten questions for Council to narrow
down or expand.
Acknowledging Council's prior appointment motions, Councilmember Cunningham
suggested interviewing four applicants.
Motion by Councilmember Cunningham, seconded by Councilmember Boyack to
interview four candidates with the process to be determined by staff. Motioned
failed with Mayor Higginson and Councilmember Rexford opposed.
Councilmember Rexford recommended interviewing three applicants.
Councilmember Cunningham reiterated Council's consensus to interview four
applicants.
Motion by Cunningham, seconded by Boyack, to interview four candidates
(Carl Kruse, John Fitch, Dr. Alexandra Page, Sabrina Kealoha Butler) at a
Special Meeting on Tuesday, May 26, 2009 at 7:00 p.m. with process to be
determined by staff. Motion carried unanimously.
Mayor Higginson called a recess at 8:32 p.m.; meeting reconvened at 8:40 p.m.
Public Oral Communications:
No public speakers for this item.
Consent Calendar - Notice to Public: (Approved by Roll-Call Vote)
Motion by Councilmember Rexford, seconded by Councilmember Boyack to
approve the Consent Calendar Items 4-17, pulling item 17.1 for discussion and
Council member Boyack abstaining on item 11 and Councilmember Rexford
abstaining on items 9 and 15. Motion carried by the following roll-call vote:
Aye: Boyack, Cunningham, Rexford, Higginson
Noes: None
Absent: None
4. Approval of Reading by Title only and Waiver of Reading in full of Ordinances
on Agenda.
5. Ratification of Warrant Registers for the period April 13 through April 17, 2009
and April 20 through April 24, 2009. (0475-20)
6. Approval of Minutes - City Council/Redevelopment Agency
April 28 Special
May 5 Regular
May 5 Special
9188
City of Poway Minutes- May 19, 2009
7. City Investment Report as of March 31,2009. (0450"80)
8. Adopt Resolution No. 09-018 entitled, "A Resolution of the City Council of the
City of Poway, California, Approving the Updated Annual Plan for the
Disadvantaged Business Enterprise Program." (0150-50)
9. Adopt Resolution No. 09-019 entitled, "A Resolution of the City Council of the
City of Poway, California, Ordering the Expansion of Poway Landscape
Maintenance District 87-1 with the Annexation of APN's 320-020-4300 and 320-
020-4500 with Written Consent of the Property Owners, as Described within the
Exhibit "A" Attached Hereto." (0760-10)
10. Adopt Resolution No. 09-020 entitled, "A Resolution of the City Council of the
City of Poway, California, Declaring the Intention to Levy and Collect
Assessments within the Poway Lighting District for Fiscal Year 2009i2010."
(0760-10)
11. Adopt Resolution No. 09-021 entitled, "A Resolution of the City Council of the
City of Poway, California, Declaring the Intention to Levy and Collect
Assessments within the Poway Landscape Maintenance District 83-1 for Fiscal
Year 2009/2010." (0760-10)
12 Adopt Resolution No. 09-022 entitled, "A Resolution of the City Council of the
City of Poway, California, Declaring the Intention to Levy and Collect
Assessments within the Poway Landscape Maintenance District 86-1 for Fiscal
Year 2009/2010." (0760-10)
13. Adopt Resolution No. 09-023 entitled, "A Resolution of the City Council of the
City of Poway, California, Declaring the Intention to Levy and Collect
Assessments within the Poway Landscape Maintenance District 86-2 for Fiscal
Year 2009/2010." (0760-10)
14. Adopt Resolution No. 09-024 entitled, "A Resolution of the City Council of the
City of Poway, California, Declaring the Intention to Levy and Collect
Assessments within the Poway Landscape Maintenance District 86-3 for Fiscal
Year 2009/2010." (0760-10)
15. Adopt Resolution No. 09-025 entitled, "A Resolution of the City Council of the
City of Poway, California, Declaring the Intention to Levy and Collect
Assessments within the Poway Landscape Maintenance District 87-1 for Fiscal
Year 2009/2010." (0760-10)
16. Adopt Resolution No P-09-14 entitled, "A Resolution of the City Council of the
City of Poway, California, Approving Comprehensive Sign Program 09-01
Assessor's Parcel Number 317-490-42" (0280-20)
9189
City of Poway Minutes- May 19, 2009
17. 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:
1a. 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)
Jason Martin, Senior Planner, presented a PowerPoint presentation and
reported on the project.
Carol Lord expressed concern with traffic.
Submitted a Speaker Slip in Support but Not Wishing to Speak: Bennett Lord,
Father Alexander Federoff.
Motion by Councilmember Cunningham, seconded by Councilmember
Boyack to close the public hearing; and adopt Resolution No. P-09-15
entitled: "A Resolution of the City Council of the City of Poway,
California, Approving Major Use Permit P77-71M(2) and DR 93-02R
Assessor's Parcel Number 273-820-09." Motion carried unanimously.
Staff Reports:
1. Water Conservation Rates. (0930-10)
Tina White, Director of Administrative Services reported on the item and
responded to questions of Council.
Public Speakers with a Neutral position: Michelle Marshall, Dan Rothweil,
Dee Fleischman.
Motion by Council member Boyack, seconded by Councilmember
Rexford to direct staff to proceed with preparing a Proposition 218
notice, which specifically outlines the water rates to be considered by
Council in a duly noticed Proposition 218 hearing. It is further
recommended that Council authorize language within the notice to that
would permit the pass-through of wholesale water rate increase as part
of the proposed water rate structure. Motion carried unanimously.
9190
City of Poway Minutes- May 19, 2009
2. City Investment Policy. (0450-90)
Tina White, Director of Administrative Services, introduced the amended
policy.
The City's investment advisor, Russell Gould of Wachovia Portfolio Services,
responded to questions of Council.
Public Speakers with a Neutral position: Dee Fleischman asked who is the
City's Senior Accountant outlined in the investment committee; believed repos
should be mentioned under (P) on page 8 of the resolution; and expressed
concern with the investment committee being comprised of only three people.
Motion by Councilmember Rexford, seconded by Councilmember
Cunningham to Adopt Resolution No. 09-027 entitled; "A Resolution of
the City Council of the City of Poway, California, Amending Investment
Policy for Public Funds and Rescinding Resolution No. 08-025." Motion
carried unanimously.
Workshop:
3. Big Stone Lodge Passive Park located at 12237 Old Pomerado Road. APN:
317-232-22 and 36. (0270-10)
No public speakers for this item.
Motion by Councilmember Rexford, seconded by Councilmember
Boyack to receive and file report, direct staff to finalize the park design
and process a Conditional Use Permit and associated environmental
review for City Council consideration at a future public hearing. Motion
carried unanimously.
Items pulled from the Consent Calendar:
17.1 Adopt Resolution No. 09-026 entitled, "A Resolution of the City Council of the
City of Poway, California, Finding a Severe Fiscal Hardship will Exist if
Additional Local Property Tax Funds are Seized and Additional Unfunded
Mandates are Adopted by the State of California." (0740-55)
Poway resident Joe St. Lucas requested this item be removed from the
Consent Calendar due to its significance.
Motion by Mayor Higginson, seconded by Councilmember Boyack to
adopt the Resolution. Motion carried unanimously.
9191
City of Poway Minutes- May 19, 2009
City Manager Item:
18. City Manager Gould responded to item 17.1 and reported on upcoming
events in response to the State's budget impact on local government.
Mayor and City Council-Initiated Item:
21. Councilmember Rexford reported on her attendance at the California Contract
Cities seminar.
City Attorney Items: Closed Session
As requested by City Attorney Foster, Council adjourned into Closed Session at 9:35
pm to discuss the following:
23. CLOSED SESSION
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 ai, U.S. District Court
Case No. 07 CV 1793 OMS JMA.
Due to a conflict of interest, Councilmember Rexford excused herself from discussion
and left the Council Chambers.
Call to Order and Adjournment
Mayor Higginson called the meeting back to order at 9:59 p.m. in open session with all
Councilmembers present except Councilmember Rexford and advised there was no
reportable action taken on the Closed Session item.
The meeting was adjourned at 10:00 p.m.
9192