CC/RDA 2009 08-18 Minutes
Poway City Council
Poway Redevelopment Agency
Council Chambers
13325 Civic Center Drive
Poway, California
August 18, 2009
and
Teleconference Location (Councilmember Boyack)
The Mac Boyack Residence, 765 South 200 East
Springville, Utah 84663
and
Teleconference Location (Councilmember Rexford)
The Julie & Kevin Rexford Residence, 7540 Dallas Court
Las Vegas, Nevada 89139
The Regular Meeting of the Poway City Council and Poway Redevelopment Agency
was called to order by Mayor Higginson at 7:03 p.m.
Mayor Higginson announced three Councilmembers were present and Councilmembers
Boyack and Rexford would be teleconferencing into the meeting. This is in accordance
with Government Code Section 54953 and all legal requirements have been met.
Roll Call: Boyack (via Teleconference), Kruse, Higginson, Cunningham,
Rexford (via Teleconference)
Staff Members Present:
Penny Riley Assistant City Manager/Asst. 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
Leah Browder Director of Public Works
Kevin Hitchcock 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, AssL City ManagedAsst. Exec.
Director, Dir. of Redev. Sen!ices/Deputy Exec. Director, Dir. of Admin. Services/Treasurer, City
Attorney/Agency Counsel and City CIerWSecretary.)
Pledge of Allegiance: Don Stonecipher, VFW Post 7907.
City Councilmember Announcements: None.
Presentations: None.
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City of Poway Minutes— August 18, 2009
Public Oral Communications:
� David Greaney spoke about Solar Power.
o Virginia Hargarten urged everyone to watch Channel 10 news at 11 p.m.
. Adriane Levy Corbin read a list of cities that cancelled a proposed expansion of
Walmart.
e Diana Newland opposed Walmart expansion.
e David Pettitt opposed Walmart expansion.
. Dave Grosch commented on Walmart expansion and budget items (cost of water
conservation team, retirement and health care costs).
o Earl Clampett thanked Council and staff for the quick response regarding his
trash concerns expressed at the last meeting.
Consent Calendar - Notice to Public: (Approved by F2oll-Call Vote)
Motion by Deputy Mayor Kruse, seconded by Councilmember Cunningham to
approve the Consent Calendar Items 6-14. Motion carried by the following roll-call
vote:
Aye: Boyack (via Teleconference), Kruse, Higginson, Cunningham,
Rexford (via Teleconference)
Noes: None
Absent: None
6. Approval of Reading by Title only and Waiver of Reading in full of Ordinances
on Agenda.
7. Ratification of Warrant Registers for the Periods July 13 through July 17,
2009 and July 20 through July 24, 2009. (0475-20)
8. Approval of Minutes — City Council/Redevelopment Agency
August 4 Regular
9. City's Investment Report as of June 3�, 2009 (0450-80)
10. Award of Bid for the Iron Mountain Trail Park and Ride Project (CIP #1292)
Bid No. 09-024 to Rendt Inc. the lowest responsible bidder, in the amount of
$465,526.00. (0700-10)
11. Award of Bid for Environmental and Biological Fieldwork in Support of the
Removal of Invasive, Exotic Plants/Channel Mowing Project (RFP #09-025) to
ECORP Consulting, Inc. the lowest responsible bidder, in the amount of
$10,740.00. (0700-10)
12. Acceptance of the FY O8/09 ADA Barrier Removal Project (CIP# 1548B) Bid
No. 09-009 from New Century 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 $6,891.95, if unencumbered, 45 days after filing
the Notice of Completion; Release the Material and Labor bond in the amount
of $43,173.00, and retain the bond for Faithful Performance for a period of
one year. (0700-10)
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City of Poway Minutes— August 18, 2009
13. Approval of Agreement between the City of Poway and Nth Generation
Computing, Inc. for the Purchase and Implementation of Blade Servers,
Storage Area Network (SAN), and Virtualization Software. (0700-10)
14. Approval of Minutes — City Council/Redevelopment Agency
August 12 Special
Ordinance:
1. Second Reading and Adoption of Ordinance 695 entitied: "An Ordinance of
the City of Poway, California, Amending Section 13.11.010 of the Poway
Municipal Code, Schedule of Water Service Charges, and Establishing Water
Rates." (0490-15)
Steve Didier, Director of Administrative Services, presented the PowerPoint
presentation.
Alex Handlers, Bartle Wells Associates, responded to.questions of Council.
Speakers in Support: Pete Babich.
Submitted Speaker Slip in Support but Not Wishing to Speak: Ginger Lee,
Clinton Lee.
Speakers in Opposition: Larry Simpson, Steven Beaver, Sharon Parry, Gary
Phillips, Ken Roth, Warren Coon, Jack Tripp, Mark Buckley, Madge Blakey,
Gisela Koestner, William Culviner, Anita Edmondson, representing GVCA.
Speakers with a Neutral Position: Bruce Brewer, John Swildens, Bruce Tarzy,
Rita Rast, Jerry Hargarten, Christine Stenstrom.
Mayor Fiigginson called a recess at 8:34 p.m.; meeting reconvened at 8:42
p.m. with all Councilmembers present.
Motion by Councilmember Cunningham, seconded by Mayor Higginson
to Adopt Ordinance No. 695 entitled: "An Ordinance of the City of
Poway, California, Amending Section 13.11.010 of the Poway Municipal
Code, Schedule of Water Service Charges, and Establishing Water
Rates." Motion carried by the following roll-call vote:
Aye: Boyack (via Teleconference), Higginson, Cunningham,
Noes: Kruse, Rexford (via Teleconference)
Absent: None
Mayor Higginson announced Council/Staff will take concepts, ideas, and
thoughts presented by Green Valley Civic Association and others at tonighYs
meeting and evaluate them and at appropriate time come back if iYs a
direction the City would take based on that evaluation.
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City ofPoway Minutes— August 18, 2009
Public Hearings:
Items 2 and 3 were conducted concurrently.
2. Environmental Assessment and a Modification to Major Use Permit (MUP)
P74-146M(2), Development Review (DR) 08-08, Variance (VAR) 08-12, Minor
Conditional Use Permit (MCUP) 09-01, Underground Waiver (UW) 09-01, and
Tentative Parcel Map (TPM) 09-01; Expansion of St. Gabriel's Catholic
Church at 13734 Twin Peaks Road, in the Residential Single-Family 7 zone.
(0210-50)
3. Variance (VAR) 08-10; Waldemar Willemse, Owner: A request to construct a
detached, two-story, two-car garage with an upstairs storage area with a
29.5-foot front yard setback where a 40-foot setback is required, on a
developed approximate 0.6-acre lot located at 12815 Stone Canyon Road,
within the Rural Residentiai C(RR-C) zone. (0210-70)
No public speakers.
Motion by Deputy Mayor Kruse, seconded by Councilmember
Cunningham, to continue the public hearings for Items 2 and 3 to
September 1, 2009. Motion carried by the following roll-call vote:
Aye: Boyack (via Teleconference), Kruse, Higginson, Cunningham,
Rexford (via Teleconference)
Noes: None
Absent: None
Staff Reports:
4. Hillside/Ridgeline Minor Development Review Application 03-62R(3);
Jonathan Weisz, Applicant: A requesf for approval to authorize a private ball
field on a vacant lot which is adjacent to, and as an accessory use for, an
existing single-family residence located at 18880 Old Coach Way, in the Rural
Residential A zone. (0200 25)
Jason Martin, Senior Planner, outlined the project.
Speakers in Opposition: Dee Fleischman, Sharon Parry.
Motion by Councilmember Cunningham, seconded by Deputy Mayor
Kruse, to take public input; close the public hearing; and adopt
Resolution No. P-09-027 entitled: "A Resolution of the City Council of
the City of Poway, California Approving Minor Development Review 03-
62R(3) Assessor's Parcel Number 276-140-11 and 12." Motion carried by
• the following roll-call vote:
Aye: Boyack (via Teleconference), Kruse, Higginson, Cunningham,
Rexford (via Teleconference)
Noes: None
Absent: None
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City of Poway Minutes— August 18, 2009
5. Award of Bid for Oak Knoll Road Improvements (CIP # 5298) — Bid No. 09-
026 to Mountain Movers Engineering Contractors, the lowest responsible
bidder, in the amount of $2,178,560.75. (0700-10)
No public speakers.
Motion by Councilmember Cunningham, seconded by Deputy Mayor
Kruse, to award the bid to Mountain Movers Engineering Contractors,
the lowest responsible bidder, in the amount of $2,178,560.75. Motion
carried by the following roll-call vote:
Aye: Boyack (via Teleconference�, Kruse, Higginson, Cunningham,
Rexford (via Teleconference)
Noes: None
Absent: None
City Manager Items: None.
City Attorney Items:
As requested by Lisa Foster, City Attorney, Council adjourned into Closed Session at
10:15 p.m. to discuss the following:
16. CLOSED SESSION
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.
Mayor Higginson called the meeting back to order at 11:10 p.m. in open session.
Roll Call: Boyack (via Teleconference), Kruse, Higginson, Cunningham, Rexford
(via Teleconference)
City Attorney Foster announced by the following roll-call vote:
Aye: Boyack (via Teleconference), Kruse, Higginson, Cunningham
Noes: None
Absent: None
Disqualified: Rexford (due to a conflict of interest)
The City Council has given approval to legal counsel for the City to enter into a
settlement agreement with the Plaintiffs, and the Plaintiffs have agreed to that
settlement. Under the agreement, the City will pay $360,000 to the Plaintiffs in
exchange for the dismissal of the lawsuit. The Council also voted 4-0 to
appropriate the funds forthe settlement from the Unappropriated Fund Balances
to the Risk Management Uninsured Claims account (0107-5760).
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City of Poway Minutes— August 18, 2009
Mayor Higginson read the following statement on behalf of the City Council:
"The City has reached a settlement in the case of Basile, Cannon v. City of Poway,
in the amount of $360,000. The City's legal bills to da#e for this case total over
$135,000.
The recent decision of the court in this case has demonstrated that settlement is
necessary to protect the City from greater exposure to damages and significant
future legal costs if the case goes to trial.
Further, it is clearly inappropriate for any City Councilmembe� to interfere in the
City's administrative functions, such as the development projects that were the
subject of this case. It is apparent to the City Council that the public trust has been
irrevocably damaged, and that even the appearance that the Councilmember acted
in her self interest is unacceptable.
Therefore, it is with great sadness that we ask Counciimember Rexford to consider
stepping down from her position on the Poway City Council."
Councilmember Rexford provided the following statement:
"I was very pleased to learn that the City has settled this lawsuit.
Prior to the settlement, I was told not to make any public comments about the suit.
However, now that it has been settled, I have a few things that need saying.
I have been told that the settlement involved a cash payment to the plaintiffs. Since
I was not involved or consulted about the terms, I am not aware of the reasons for
that decision. Therefore, I hope that the media and the public will not jump to a
conciusion that because the settlement involved a payment to the plaintiffs, fhe
accusations against me were justified. In fact, my position that the accusations
brought against me were unfounded has never changed and is supported by
transcripts of depositions taken in preparation for trial. It is also worth remembering
that no judge or jury has found me to be at fault.
I find it to be very unfortunate that media coverage, by and large, focused on me as
the defendant despite the fact that the City and a member of City staff were also
defendants. Because of that and since, until now I have been prevented from
publicly defending myself, I feel my personal reputation has been unfairly tarnished.
I talked to the legal counsei, Steve Beemer, for the city that worked on this case and
I talked to him about the news and what has happened and he said I didn't do
anything wrong and I still believe I did not methodically do anything wrong. No judge
or jury has accused me of anything.
Nevertheless, I am pleased to be able to put this painful distraction behind me and
to now move forward in serving the citizens of Poway as a City Councilmember.
The reason I'm on the phone and not there and I'm doing this phone thing is that my
son is critically ill and I'm out of town and I hope that you will pass my statement on
to the press."
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City of Poway Minutes— August 18, 2009
Mayor and City Council-Initiated Items: None.
Adjournment: The meeting was adjourned at 11:17 p.m.
�
� aA. Troyan, MMC
ity Clerk
City of Poway, California
9237