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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