CC/RDA 2009 06-16
Minutes
Poway City Council
Poway Redevelopment Agency
Council Chambers
13325 Civic Center Drive
Poway, California
June 16, 2009
The Regular Meeting of the Poway City Council and Poway Redevelopment Agency
was called to order by Mayor Higginson at 7:05 p.m.
CouncilmemberslDirectors Present:
Merrilee Boyack, Jim Cunningham, Carl Kruse, Don Higginson
Councilmembers/Directors Absent:
Betty Rexford
Staff Members Present:
Rod Gould City Manager/Executive Director
Penny Riley Assistant City Manager/Ass!. 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
Dena Fuentes Director of Redevelopment Services/Deputy Exec. Director
Leah Browder Manager of Water Utilities
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,
Council member/ Director, City Manager/ Executive Director, Ass!. City Manager/Ass!. Exec.
Director, Dir. of Redev. Services/Deputy Exec. Director, Dir. of Admin. ServiceslTreasurer, City
Attorney/Agency Counsel and City Clerk/Secretary.)
Pledge of Allegiance:
Mayor Higginson led the Pledge of Allegiance.
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City of Poway Minutes- June 16, 2009
City Council member Announcements:
Mayor Higginson advised there is an item that staff is requesting be added to the
Agenda. Staff provided Council with a staff report first to vote whether to add
discussion of the report entitled "Resolution Opposing State Seizure of Local
Governrnent Highway User Tax Funds to tonight's agenda as an urgent item under
Governrnent Code Section 54954.2(b)(2) as the need to take action arose after the
posting of the Agenda.
This is a two-part action: 1) Council discussion and vote about whether to add the itern
to the agenda per Gov't 54954.2(b)(2) - it needs 4 votes to pass; and 2) if there are 4
votes to add the itern, a discussion about the resolution itself will be under City
Manager, as Itern 25.
Motion by Mayor Higginson, seconded by Councilmember Kruse, to add to
tonight's agenda, discussion of a Resolution Opposing State Seizure of Local
Government Highway User Tax Funds as an urgent item under Government Code
Section 54954.2(b)(2) under City Manager, Item No. 25. Motion carried by
unanimous vote of those present.
Staff also requested Itern 12 be removed from the Consent Calendar.
Motion by Councilmember Kruse, seconded by Councilmember Boyack to
remove Item 12 from the Consent Calendar. Motion carried by unanimous vote of
those present.
Pets of the Week by Councilmember Kruse - A cat named Marietta and a dog
narned Tonka, are available for adoption at the Escondido Humane Society.
. Public Oral Communications:
Ed Carboneau spoke about his purchase of a vehicle at Greiner Pontiac and his
passing out of lemons on Poway Road in response to that purchase.
Dee Fleischman spoke in opposition to the use of synthetic turf
Presentations:
"211" Presentation by Megan Storer
Consent Calendar - Notice to Public: (Approved by Roll-Call Vote)
Motion by Councilmember Boyack, seconded by Councilmember Cunningham to
approve the Consent Calendar Items 6-24, except Item No. 12 which was removed
from the Agenda and Item No. 16 which was pulled for discussion. Motion carried
by the following roll-call vote:
Aye: Cunningham, Boyack, Kruse, Higginson
Noes: None
Absent: Rexford
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City of Poway Minutes- June 16, 2009
5. Approval of Reading by Title only and Waiver of Reading in full of Ordinances
on Agenda.
6. Ratification of Warrant Registers for the periods May 11 through May 15,
2009 and May 18 through May 22, 2009. (0475-20)
7. Approval of Minutes - City Council/Redevelopment Agency
May 26 Special
June 2 Regular
8. Consideration of an Exclusive Negotiating Agreement between the Poway
Redevelopment Agency and Wakeland Housing and Development
Corporation for the Monte Vista Road Affordable Housing Development.
(0700-10)
g. Consideration of Housing Special Program Recommendations. (0490-51 )
10. Building Equity and Growth in Neighborhoods (BEGIN) Program Grant Award
for The Meadows Affordable Housing Development. (0490-51 )
11. Approval of Programming Agreement with the Poway Center for the
Performing Arts Foundation. (0700-10)
12. REMOVED I\pproval of Commercial Real Estate Brokerage Services with
Cushman 8- Wakefield of San Diogo, Inc. (0700 10)
13. Award of Bid for Janitorial Services for the City of Poway Facilities (RFP# 09-
012) to VIP Holdings, Inc. dba VIP Janitorial, the lowest responsible bidder, in
the amount of $233,809.00. (0700-10)
14. Award of Bid for the Purchase of (3) New Stationary Diesel Generators,
(RFB# 09-18) to Hawthorne Power Systems, the lowest responsible bidder, in
the amount of $163,041.82. (0700-10)
15. Award of Bid for Water Treatment Plant Chemicals FY 2009/2010 (Bid No.
09-019) to the following five bidders: General Chemical, $92,412 (alum); JCI
Jones Chemicals, $45,760 (chlorine); Carus Corporation, $35,520 (liquid
permanganate); Brenntag Pacific, $90,451.56 (sodium hydroxide); and Airgas
Specialty Products, $18,395 (aqua ammonia), the lowest responsible bidders.
(0700-10)
17. Award of Bid for the Standish Drive and Garden Road Storm Drain
Improvements Project, (CIP # 1437) Bid No. 09-016 to Tiago, Inc. the lowest
responsible bidder, in the amount of $914,631.50. (0700-10)
18. Extension of the City of Poway Animal Control Services Agreement between
the City of Poway and the Escondido Humane Society. (0700-10)
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City of Poway Minutes- June 16, 2009
19. Acceptance of the Titan and Espola Left-Turn Lanes Project (CIP# 5282) Bid
No. 08-029 from Rentex Construction, 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 $31,36120, if unencumbered, 45 days after filing
the Notice of Completion; Release the Material and Labor bond in the amount
of $273,576.00, and retain the bond for Faithful Performance for a period of
one year. (0700-10)
20. Novation of the Standard Agreement for Construction of Public
Improvements, Tentative Parcel Map 05-01 located on Eastvale Road. APN
Nos. 278-240-38, 39 & 40. (0700-10)
21. Approval of Resolution entitled: "A Resolution of the City Council of the City of
Poway, California, Adopting an Appropriations Limit for Fiscal Year Ending
June 30,2010." (0490-90)
22. Approval of Agreement between the City of Poway and CRW Systems for
Project, Permit, and Code Enforcement Tracking Software. (0700-10)
23. 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)
24. Approval of Resolutions Adopting the Approval of Side Letters to Existing
Memoranda of Understanding with the Safety Bargaining Unit and with the
Non-Safety Bargaining Unit and Approval of Addendum to Salary and Benefit
Plan for the ManagemenUConfidential Group. Effective July 1, 2009 through
June 30, 2010 and Approval of Necessary Resolutions Related to CalPERS
Benefits. (0700-50)
Public Hearings:
1. Conditional Use Permit 91-08M(8); Country Montessori School, Applicant: A
request to remove the CUP time limit and lower the maximum enrollment from
195 to 165 students at the existing Country Montessori School located at
12642 Monte Vista Road, within the Commercial Office (CO) zone. APN 275-
460-62 (0210-08)
Oda Audish, Associate Planner, presented the report for the Conditional Use
Permit.
No public speakers.
Motion by Councilmember Cunningham, seconded by Councilmember
Kruse to take public input, close the public hearing; and adopt
Resolution No. P-09-17 entitled: "A Resolution of the City Council of the
City of Poway, California, Approving Conditional Use Permit 91-08M(8),
Assessor's Parcel Number 275-460-62." Motion carried by unanimous
vote of those present.
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City of Poway Minutes- June 16, 2009
2. Conditional Use Permit 03-10M; Ismail A. Aqil, Applicant: A request to remove
a condition of approval to close the northerly driveway associated with the
approved Conditional Use Permit (CUP) 03-10, Variance (VAR) 03-10, and
Development Review (DR) 03-11 to construct an auto repair building and
legalize an equipment rental facility (U-Haul). The subject site is at 13530
Pomerado Road, in the Commercial General (CG) zone. (0210-08)
Oda Audish, Associate Planner, presented the report for the Conditional Use
Permit.
No public speakers.
Motion by Councilmember Boyack, seconded by Councilmember Kruse
to take public input, close the public hearing; and adopt Resolution No.
P-09-018 entitled: "A Resolution of the City Council of the City of Poway,
California, Approving Conditional Use Permit 03-10M Assessor's Parcel
Number 317-021-25." Motion carried by unanimous vote of those
present.
16. Award of Bid for the Poway Midland Railroad Train Depot Project, (CIP #
5649) Bid No. 09-020 to Whiting-Turner Contracting Company, the lowest
responsible bidder, in the amount of $379,558.00. (0700-10)
Dee Fleischman questioned if the bid price included the complete project.
Frank Casteleneto, City Engineer, responded it included everything, including
landscaping.
Submitted Speaker Slip in Support but not wishing to speak: Chuck Cross,
Diana Smith, Barbara Beck, Mary Cross, Roger Covalt, Earle Krepelin
Speakers in Support: Morgan and Daniel Covalt
Motion by Councilmember Kruse, seconded by Council member Boyack
to award bid. Motion carried by unanimous vote of those present.
3. Proposed FY 09/10 Comprehensive Financial Plan and 5-Year Fiscal
Forecast for the General Fund. (0430-40)
Rod Gould, City Manager, provided the budget report to council.
David Hughes, Chair of the City's Budget Review Committee outlined the
Committee's recommendations via Power Point.
Speakers in Opposition: Buzz Rehmann.
Speaking in support and opposed: Dave Grosch.
Submitted a Speaker slip in Opposition but not wishing to Speak: Joe St.
Lucas opposed to cancelling the parade.
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City of Poway Minutes- June 16, 2009
Suggestions were made that the Poway Parade be organized by volunteers.
Council gave direction to staff to (1) recommend loan from reserves to storm
water fund; (2) do not touch the Library Endowment at this time and send
message to the County of San Diego that they are paying the utilities and for
them to notify the City of any changes at the Poway branch; (3) accept the
Budget Review Committee Report; (4) revamp the City's budget format to
make it user-friendly with a one page summary; and (5) provide a description
of potential uses for the reserves.
Motion by Councilmember Cunningham, seconded by Councilmember
Boyack to close the public hearing; and adopt Resolutions No, 09-036
and No. R-09-10 entitled: "A Resolution of the City Council of the City of
Poway, California, Approving and Adopting the Annual Budget for the
Fiscal Year 2009-10 and Appropriating the Funds Necessary to Meet the
Expenditure Set Forth Therein," and "A Resolution of the
Redevelopment Agency Approving and Adopting the Annual Budget for
Fiscal Year 2009-10, Authorizing Loan Payback to the City of Poway
from the Community Redevelopment Agency Debt Service Fund, and
Authorizing Expenditures Therefrom," Motion carried by unanimous
vote of those present.
Staff Reports:
4. The City's Financial Principles (0400-95)
Tina White, Director of Administrative Services provided the report and
recommended Council amend its Financial Policy to reflect that the minimum
level of unreserved, undesignated General Fund balance should be 25% of
operating expenditures, rather than the 15% currently stated within the Policy.
The city's actual unreserved, undesignated balance stands at nearly 50%.
Motion by Councilmember Boyack, seconded by Council member Kruse
to adopt Resolution No. 09-037 entitled: "A Resolution of the City
Council of the City of Poway, California, Adopting a City of Poway
Financial Policy." Motion carried by unanimous vote of those present.
City Manager Item:
Item added to Agenda
25. Resolution Opposing State Seizure of Local Government Highway User Tax
Funds.
Rod Gould, City Manager recommended Council adopt the Resolution which
urges the State Legislature and the Governor to refrain from taking $1.73
billion of Highway user Tax Funds.
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City of Poway Minutes- June 16, 2009
Motion by Councilmember Kruse, seconded by Mayor Higginson to
Adopt Resolution No. 09-038 which strongly urges the State Legislature
and the Governor to retrain from taking Local Government Highway
User Taxes and Authorizes the City Attorney to cooperate with the
League of California Cities in litigation challenging the constitutionality
of a seizure of Highway User Taxes from local governments. Motion
carried by unanimous vote of those present.
City Manager Gould reminded everyone of the free clinic for distressed
homeowners on June 20th from 10:00 a.m. to 2:00 p.m. in the Council Chambers.
City Attorney Items: None.
Mayor and City Council-Initiated Item:
31. DON HIGGINSON
A. Selection of Deputy Mayor
Item was deferred until all Councilmembers are present.
B. Request Council concurrence of appointments for the following
Committees as nominated by: (0120-10)
Council consensus to appointed Frank Laughton to the Budget
Review Committee; Susan Mallett to the Parks and Recreation
Committee; and Debra Lynn Gutzmer to the Redevelopment and
Housing Advisory Committee.
C. City Council Appointments/Representation to Other Agencies'
Boards/Commission and Committees.
LEAGUE OF CALIFORNIA CITIES:
Motion by Mayor Higginson, seconded by Council member Boyack to
appoint Councilmember Kruse as the alternate member of the San
Diego Division of the League of California Cities including the
Legislative Committee. Motion carried by unanimous vote of those
present.
SANDAG
Mayor Higginson recused himself from this item and left the Chambers.
Motion by Councilmember Kruse, seconded by Councilmember
Cunningham to appoint Mayor Higginson as the primary
representative on SANDAG Board. Motion carried by unanimous vote
of those present.
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City of Poway Minutes- June 16, 2009
Mayor Higginson returned to the Chambers.
Councilmember Cunningham recused himself from this item and left
the Chambers.
Motion by Mayor Higginson, seconded by Council member Kruse to
appoint Councilmember Cunningham as the 1st alternate to SANDAG.
Motion carried by unanimous vote of those present.
Councilmember Cunningham returned to the Chambers.
SAN DIEGUITO RIVERPARK JPA:
Councilmember Kruse recused himself from this item and left the
Chambers.
Motion by Councilmember Boyack, seconded by Councilmember
Cunningham to appoint Councilmember Kruse as the alternate.
Motion carried by unanimous vote of those present.
REGIONAL SOLID WASTE ASSOCIATION (RSWA):
Motion by Mayor Higginson, seconded by Council member
Cunningham to appoint Councilmember Rexford as the primary
representative and Councilmember Kruse as the alternate. Motion
carried by unanimous vote of those present.
Councilmember Kruse returned to the Chambers.
Adjournment:
The meetinq was adiourned at 9:53 p.m.
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