CC/RDA 2009 07-07
Minutes
Poway City Council
Poway Redevelopment Agency
Council Chambers
13325 Civic Center Drive
Poway, California
July 7, 2009
The Regular Meeting of the Poway City Council and Poway Redevelopment Agency
was called to order by Mayor Higginson at 7:04 p.m.
CouncilmemberslDirectors Present:
Merrilee Boyack, Jim Cunningham, Betty Rexford, Carl, Kruse, Don Higginson
CouncilmemberslDirectors Absent:
None
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
Steve Didier Director of Administrative Services/Treasurer
Bob Manis Director of Development Services
Dena Fuentes Director of Redevelopment Services/Deputy Exec. Director
Tom Howard Manager of Water Utilities
Jon Canavan Fire Division Chief
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, Ass!. City Manager/Asst. 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.
City Councilmember Announcements:
Pets of the Week by Councilmember Rexford - A cat named Cece and a dog
named Oliver Blue, are available for adoption at the Escondido Humane Society.
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City of Poway Minutes- July 7, 2009
Presentations:
Presentation of a Certificate of Commendation to Poway High Varsity Baseball
Team for Winning the CIF Championship.
Public Oral Communications:
Roger Willoughby spoke about water wasters at Hillside Village.
Ed Carboneau spoke about his association with the Greiner Pontiac dealership.
Wendy Joslin advised of an educational enrichment center in Hillside Village
apartments.
Consent Calendar - Notice to Public: (Approved by Roll-Call Vote)
Motion by Councilmember Rexford, seconded by Council member Kruse to
approve the Consent Calendar Items 9-22 excluding 17. Motion carried by
the following roll-call vote:
Aye: Cunningham, Rexford, Boyack, Kruse, Higginson
Noes: None
Absent: None
9. Approval of Reading by Title only and Waiver of Reading in full of Ordinances
on Agenda.
10. Ratification of Warrant Registers for the periods May 25 through May 29,
2009, and June 1 through June 5,2009, and June 8 through June 12, 2009.
(0475"20)
11. Approval of Minutes - City Council/Redevelopment Agency
June 16 Regular
12. Award of Bid for the Poway Royal Concrete Improvements Project (CIP
#1140), Bid No. 09-021, to Rentex Construction, Inc., the lowest responsible
bidder, in the amount of $19,801.00. (0700-10)
13. Award of Bid for Highlands Ranch Sewer Pump Station Replacement Project
(CIP #1830), Bid No. 09-022 to NEWest Construction Company, the lowest
responsible bidder, in the amount of $303,766.00. (0700-10)
14. Approval of Consultant Agreement between the City of Poway and AECOM
for Engineering Design Services for the High Valley Water Line Project (CIP
#1750). (0700-10)
15 Certification of Director and Alternates for California Joint Powers Insurance
Authority (CJPIA). (0140-10)
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City of Poway Minutes- July 7,2009
16. Approval of Agreement between the Poway Redevelopment Agency and the
Poway Chamber of Commerce for the FY 2009-10 Business Outreach and
Retention Services Grant Agreement in the amount of $36,300. (0700-10)
18. Acceptance of Public Improvements and Release of Project Securities for a
Portion of Palomar/Pomerado Health Expansion - Phase 1. (0700-10)
19. Approval of Commercial Real Estate Brokerage Services with Cushman &
Wakefield of San Diego, Inc. to provide services for the sale or ground lease
of Agency owned property located at 14082 Stowe Drive. (0700-10)
20. Approval of Classification Specification Revision with a Salary Range
Adjustment for Contract SpecialisUlnspector. (0510-20)
21. Adopt Resolution Authorizing the Annual Destruction of Certain Records.
(0170-20)
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)
Ordinances:
1. Ordinance 691 - First Reading of an Ordinance of the City of Poway,
California, Arnending Section 5.04.010, Section 5.04.020 and Chapter 5.68 of
the Poway Municipal Code, and Deleting Sections 5.16.320 and 5.16.340,
and Chapter 5.44, Pertaining to Massage Establishments and Licensed
Businesses. (0490-95)
Lisa Foster, City Attorney, gave the report.
No public speakers.
Motion by Councilmember Cunningham, seconded by Councilmember
Rexford to introduce Ordinance No. 691 for first reading by title only,
waive further reading and schedule adoption of the ordinance for July
21,2009. Motion carried unanimously.
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City of Poway Minutes- July 7,2009
Public Hearings:
2. Modification to Major Use Permit (MUP) P79-103M(2) and Revision to
Development Review 83-02R; Rancho Bernardo Historical Society,
ApplicanUThe Bernardo Winery, Inc., Owner: A request for approval to
construct a 2,176-square-foot museum building at the Bernardo Winery
located at 13150 Old Winery Road, on property that is zoned Open Space-
Recreation (OS-R) and Rural Residential C(RR-C). The application also
includes a request for Underground Waiver 08-01 to allow existing overhead
utility service on the Winery property to remain. (0200-20)
Carol Rosas, Associate Planner, outlined the project. The following
Condition B.1. in Section 6 was added as a requirement:
B.1. Prior to issuance of a Grading Permit or Building Permit, legal
documentation concerning the ownership of the Bernardo Winery shall
be submitted to the satisfaction of the Director of Development
Services; and the property owners shall execute a Covenant Regarding
Real Property listing the Resolution of Approval.
Thomas F. Cook, representing the Rancho Bernardo Historical Society,
expressed concern for the new condition regarding land and ownership of the
winery.
Motion by Councilmember Rexford, seconded by Councilmember
Boyack, to close the public hearing; and adopt Resolution No. P-09-19
as amended adding Condition B.1 in Section 6 as outlined by staff
pertaining to owner interest, entitled: "A Resolution of the City Council
of the City of Poway, California, Approving Major Use Permit P79-
103M(2), Development Review 83-02R and Underground Waiver 08-01
Assessor's Parcel Number 273-100-26 as amended with Condition,"
Motion carried unanimously.
3 Tentative Tract Map (TIM) 01-02TE(2); Ashton Marshall, Applicant: A request
for a second, one-year time extension for the 5-lot Cobblestone Creek
Ranches subdivision map. The 5.6-acre project site is located at the southern
terminus of Cobblestone Creek Road, within the Rural Residential C (RR-C)
zone. (0200-60)
Oda Audish, Associate Planner, reported on the project.
No public speakers.
Motion by Councilmember Cunningham, seconded by Councilmember
Rexford to take public input, close the public hearing; and adopt
Resolution No. P-09-20 entitled: "A Resolution of the City Council of the
City of Poway, California, Approving a One-Year Time Extension for
Tentative Tract Map 01-02TE(2) APN: 316-071-06." Motion carried
unanimously.
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City of Poway Minutes- July 7,2009
4. 2008 Weed and Nuisance Abatement Charges to Be Collected on the County
Tax Assessor's Roll for Fiscal Year 2009-2010. (0490-76)
Patti Brindle, City Planner, provided the report.
No public speakers.
Motion by Councilmember Rexford, seconded by Councilmember Kruse
to close the public hearing; and adopt Resolution No. 09-045 entitled: "A
Resolution of the City Council of the City of Poway, California,
Approving the 2008 Weed and Nuisance Abatement Charges to be
Collected on the County Tax Assessor's Roll for Fiscal Year 2009-2010."
Motion carried unanimously.
5. Minor Conditional Use Permit (MCUP) 09-02; Stan Kaminiski, Applicant: A
request for approval for live entertainment in conjunction with a restaurant
and bar, which is under construction at 12735 Poway Road, in the Community
Business zone. (0210-50)
Jason Martin, Senior Planner, outlined the project.
No public speakers.
Motion by Councilmember Cunningham, seconded by Council member
Rexford, to close the public hearing; and adopt Resolution No. P-09-21
entitled: "A Resolution of the City Council of the City of Poway,
California, Approving Minor Conditional Use Permit 09-02, Assessor's
Parcel Number 317-490-08." Motion carried unanimously.
6. Tentative Tract Map (TIM) 00-02RTE(2); Ed and Barbara Malone,
Applicants: A request for a one-year time extension on the approval of the
Hidden Valley .Ranch subdivision map. The project is an approved 41-lot,
detached, single-family home (40 new, 1 existing), master-planned
neighborhood on an approximate 420-acre site located at 17150 Old Coach
Road. The site is east of Old Coach Road, and north of and adjacent to the
Blue Sky Ecological Reserve, within the Planned Community zone.
(0200-60)
Jason Martin, Senior Planner, reported on the request for a one year
extension.
No public speakers.
Motion by Councilmember Rexford, seconded by Councilmember
Cunningham to close the public hearing; and adopt Resolution No. P-
09-22 entitled: "A Resolution of the City Council of the City of Poway,
California, Approving a One-Year Time Extension for Tentative Tract
Map 00-02RTE(2) Assessor's Parcel Numbers 277-070-33, 277-080-03
and 277-080-22." Motion carried unanimously.
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City of Poway Minutes- July 7,2009
Staff Reports:
7. Minor Development Review Application (MDRA) 08-53; George Meyer,
Applicant. A request for a Hillside/Ridgeline Minor Development Review
Application - a new two-story, 9,337-square-foot single-family residence, with
attached 4-car garage, detached 2-car garage and 682-square-foot recreation
room at 15450 Hwy 67 in the Residential Rural A (RR-A) Zone. (0200-25)
Jason Martin, Senior Planner, outlined the project via PowerPoint.
No public speakers
Motion by Councilmember Rexford, seconded by Councilmember
Kruse, to adopt Resolution No. P-09-23 entitled: Approving the
HillsideJRidgeline Minor Development Review Application 08-53 subject
to conditions. Motion carried unanimously.
Workshop:
8. A Public Meeting to Determine the Scope of the Draft Environmental Impact
Report for Development Review 90-12R(2), Wal-Mart Expansion; Nasland
Engineering, Applicant. (0210-08)
Oda Audish, Associate Planner, displayed a Power Point presentation
showing the proposed expansion of Wal-Mart and advised tonight's meeting
was to receive input as to what should be included in the environmental
impact report.
Speakers in Opposition: Dave Grosch, Connie Messina, Chrisitan Todesco,
Ed Carboneau, Matthew Nickson, Joe St. Lucas, Dr. Denise MacNeil, Phyllis
Mehlman, Roger Duran, Barbara Malone, Diana Newland (submitted petition
against), Adriane Levy-Corbin (submitted letter), Georgia & Curtis Johnson,
Dee Fleischman.
Submitted Speaker Slip in Opposition but not wishing to Speak: Joyce
Leroux, Don Leroux,
Speakers in Support: Cindy Gomppers Graves, Kevin McNamara
Speakers as Neutral: Pete Babich, Jay Mehlman, David Haessig
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City of Poway Minutes- July 7,2009
Public suggestions for the EIR were:
traffic on Community Road, Midland Road, Poway Road and
surrounding areas, traffic pattern (exiting on Hilleary, Community;
buses), greenhouse gases, pollution, air quality, impact on public
services, traffic impact on fire, police and the post office in area, empty
stores, impact on local businesses (grocery stores) sales tax shift,
impact on police protection-calls for service (theft, burglary, vagrancy),
parking in store lot and on nearby streets, property values (2 mile
radius), noise, impact on quality of life, impact on Poway's culture (the
City in the Country), urban decay/blight, landscaping
(watering/drought), increased traffic on Espola during the day and at
night, traffic pattern, impact if Wal-Mart leaves, how does expansion fit
into vision for Poway, wayward shopping carts, impact on environment,
biological resources, land use, impact on creek (seismic effects,
drainage, deterioration), glare, crowding, business ethics, economic
reasons, increased threat to safety of pedestrians, students, bicyclists,
impact on housing mandates - increase in need for low-income housing,
impact by heavy, large trucks on roadways and with noise.
Mayor Higginson called for a recess at 9:05; meeting reconvened at 9: 15 p.m.
17. Approval of Positions on Pending Legislation. (0740-55)
Speakers in Opposition to staff recommendation on AB 715: Dee Fleischman,
Joe St. Lucas.
Speakers in Opposition to staff recommendation on ACA 9: Dee Fleischman,
Virginia Hargarten, Jerry Hargarten.
Dee Fleischman asked for an explanation of SB 143 and questioned a bill
allowing local governments to set safe speed limits on streets.
Motion by Councilmember Rexford, seconded by Councilmember
Kruse, to oppose ACA 9. Motion carried unanimously.
Motion by Councilmember Kruse, seconded by Councilmember
Rexford, to adopt staff recommendation for the remainder of the
legislative items. Motion carried unanimously.
City Manager Item: None.
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City of Poway Minutes- July 7, 2009
Mayor and City Council-Initiated Items:
25. MERRILEE BOYACK
Noted the Agenda's Consent Calendar on the City's Webpage is hard to
navigate.
Announced the Poway Community Leadership Institute IS accepting
applications.
Questioned the size of the Water Conservation Team.
A majority of Council (Boyack, Rexford, and Kruse) directed staff to
return after the 7/21 meeting with report on the water conservation
approach.
26. JIM CUNNINGHAM
A. City Support for the 2009 Heritage Day Parade.
Council consensus to allow for a City expenditure of estimated $9,500 in
staff costs already allocated in the FY 09/10 budget to support the 2009
Heritage Parade to ensure a successful and safe parade.
27. BETTY REXFORD
Expressed appreciation for the City's 4th of July event.
28. CARL KRUSE
Spoke about the City's 4th of July event.
29. DON HIGGINSON
A. Selection of Deputy Mayor
Motion by Councilmember Rexford, seconded by Councilmember
Boyack to appoint Carl Kruse as Deputy Mayor. Motion carried
unanimously.
The Mayor acknowledged receipt of many phone calls in appreciation for the
fantastic 4th of July fireworks event and complimented the sponsors and staff.
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City of Poway Minutes- July 7, 2009
City Attorney Items:
As requested by Lisa Foster, City Attorney, Council adjourned into Closed Session at
10:00 p.m. to discuss the following:
.
24. CLOSED SESSION
A. Conference with Legal Counsel - Existing Litigation
Gov't Code section 54956.9(a)
City of Banning et aL v. James Jones Co. et ai, LASC Case No.
BC321513
Call to Order and Adjournment
Mayor Higginson called the meeting back to order at 10: 11 p.m. in open session with all
Councilmembers present and advised there was no reportable action taken on the
Closed Session item.
The meeting was adjourned at 10:12 p.m.
G~/? 0-
tinda' A. Troyan, MMC
City Clerk
City of Poway, California
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