CC/RDA 2009 07-21
Minutes
Poway City Council
Poway Redevelopment Agency
Council Chambers
13325 Civic Center Drive
Poway, California
July 21, 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.
Councilmembers/Directors 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/Asst. Executive Director
Lisa Foster City Attorney/Agency Counsel
Linda A. Troyan City Clerk/Secretary
Steve Didier Director of Administrative ServiceslTreasurer
Bob Manis Director of Development Services
Dena Fuentes Director of Redevelopment Services/Deputy Exec. Director
Leah Browder Director of Public Works
Mark Sanchez Director of Safety Services
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/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:
Deputy Mayor Kruse led the Pledge of Allegiance.
Public Hearing:
2. Public Hearing on Proposed Water Rates and Introduction of 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)
Lisa Foster, City Attorney, explained that Art XIIID of Cal Const., (know as
Prop 218) requires that a special notice and hearing process be used by
public agencies in order to impose new or increased fees/charges if they are
property related fees/charges. In 2005, the Cal. Supreme Court ruled that
this procedure applies to water rates.
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City of Poway Minutes- July 21, 2009
The basic requirements are:
. Mail a notice containing information about the new fees to every
affected ratepayer.
. Hold a public hearing at least 45 days from the mailing of the
notice.
. Determine if a majority protest has been made.
A majority protest occurs if the City receives protests from more than 50% of
the affected ratepayers [6901 (50% + 1 of approx. 13,800)]. If a majority
protest occurs, Council cannot impose the new rates.
Donna Goldsmith, Business and Revenue Manager, presented a PowerPoint
presentation describing the rate structure and its need and along with Steve
Didier, Director of Administrative Services, responded to questions of the
public and Council.
Speakers in Opposition: Janice & Charles Johnson, Ross Baldwin, John
Greenwood, Sharon Swildens, Anita Edmondson, Jim Avery, Julie Fremont,
Kelly Gravelle, Linda Snyder, Mary Shepardson, Steven Beaver, Mark
Fowler, Ted Reynolds, Ernest Winkler, Marianne Gill, Jinny Straeter, AI
Irliguez, Jo Casterline, Paul Casterline, Brad Warcup, Terry Mitchell, Valerie
Trout, Linda Vanderveen, John Kruggel, Jack Tripp, Philip Schofield, David
Kern, Christine Stenstrom, William Culviner, Stephen Jacobson, Cheryl
Roddy, Eric Matz, Wayne Hamburger, Bruce Tarzy, Daniel Tobar, Russ
Seibert, Tim Vanderveen.
Speakers in Support: Mark Dillon
Submitted a Speaker slip in Opposition but not wishing to Speak: Terry
Moreno, Rainy Miller, Lee Tarte, Tula Nichols, Clarissa Willing, Paul Colonna,
Ron Anders, Ralph Parks, Dr. LA Bud Widerich.
Council discussion.
City Clerk Troyan announced receipt of 274 protests and therefore, there is
no majority protest.
Motion by Councilmember Cunningham, seconded by Councilmember
Boyack to accept all written protests against water rate increases from
affected property owners/ratepayers, close the public hearing, introduce
the Ordinance for first reading by title only, waive further reading and
schedule adoption of the Ordinance for August 4, 2009. Motion carried
unanimously.
City Councilmember Announcements:
Pets of the Week by Council member Rexford - A cat named Lynn and a dog
named Elektra, are available for adoption at the Escondido Humane Society.
Presentations:
Leah Browder, Director of Public Works presented a Service Award to
Robert Willcox, Assessment District Specialist for 30 years of Service.
Public Oral Communications: None.
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City of Poway Minutes- July 21, 2009
Consent Calendar - Notice to Public: (Approved by Roll-Call Vote)
Motion by Councilmember Rexford, seconded by Deputy Mayor Kruse to
approve the Consent Calendar Items 13-18. Motion carried by the following
roll-call vote:
Aye: Cunningham, Rexford, Boyack, Kruse, Higginson
Noes: None
Absent: None
13. Approval of Reading by Title only and Waiver of Reading in full of Ordinances
on Agenda.
14. Ratification of Warrant Registers for the period June 15 through June 19,
2009 and June 22 through June 26, 2009. (0475-20)
15. Approval of Minutes - City Council/Redevelopment Agency
July 7 Regular
16. Second Reading and Adoption of Ordinance 691 entitled, "Ordinance of the
City of Poway, California, Amending 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)
17. Approval of Sublease Agreement between Boys and Girls Club of Inland
North County and Community Development Institute Head Start. (0700-10)
18 Adopt Resolution Finalizing the Report of Emergency Repair Expenditures
Pertaining to the Witch Creek Fire. (Requires a 4/5ths vote) (0320-30)
Ordinance:
1. First Reading of an Ordinance entitled: "An Ordinance of the City of Poway,
California, Amending Section 2.16 of the Poway Municipal Code Pertaining to
the Personnel System and Adoption of a Resolution Approving the Transition
of Certain Positions to At-Will Positions." (Requires 4/5ths vote) (0510-90)
Steve Didier, Director of Administrative Services, presented the report.
No public speakers.
Motion by Councilmember Rexford, seconded by Councilmember
Boyack to introduce Ordinance No. 692 for first reading by title only,
waive further reading and schedule adoption of the ordinance for
August 4, 2009, and adopt Resolution No. 09-054 approving the
transition of positions within Group 2A from classified service to at-will
with the exception of Fire Division Chief. It is also recommended that
Senior Civil Engineer and Senior Traffic Engineer be transitioned from
Group 2A to Group 2B. Motion carried unanimously.
(See items 2 and 9 for additional Ordinances)
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City of Poway Minutes- July 21, 2009
Public Hearings:
3. Approval of a Resolution Establishing Assessments for the poway Lighting
District to be collected on the San Diego County Property Tax Roll for Fiscal
Year 2009-2010. (0760-30)
5. Approval of a Resolution Establishing Assessments for the Poway Landscape
Maintenance District 86-1 to be collected on the San Diego County Property
Tax Roll for Fiscal Year 2009-2010. (0760-20)
6. Approval of a Resolution Establishing Assessments for the Poway Landscape
Maintenance District 86-2 to be collected on the San Diego County Property
Tax Roll for Fiscal Year 2009-2010. (0760-20)
7 Approve a Resolution Establishing Assessments for the Poway Landscape
Maintenance District 86-3 to be collected on the San Diego County Property
Tax Roll for Fiscal Year 2009-2010. (0760-20)
No public speakers.
Motion by Deputy Ma:t'or Kruse, seconded by Councilmember Rexford
to close the public hearing; and adopt a.) Resolution No. 09-046 entitled:
"A Resolution of the City Council of the City of Poway, California
Establishing Assessments for the Poway Lighting District to be
Collected on the San Diego County Property Tax Roll for Fiscal Year
2009/2010"; b) Resolution No. 09-048 entitled: "A Resolution of the City
Council of the City of Poway, California Establishing Assessments for
the Landscape Maintenance District 86-1 to be Collected on the San
Diego County Property Tax Roll for Fiscal Year 2009/2010"; c)
Resolution No. 09-049 entitled: "A Resolution of the City Council of the
City of Poway, California Establishing Assessments for the Landscape
Maintenance District 86-2 to be Collected on the San Diego County
Property Tax Roll for Fiscal Year 2009/2010"; and d) Resolution No. 09-
050 entitled: "A Resolution of the City Council of the City of Poway,
California Establishing Assessments for the Landscape Maintenance
District 86-3 to be Collected on the San Diego County Property Tax Roll
for Fiscal Year 2009/2010." Motion carried unanimously.
4. Approval of a Resolution Establishing Assessments for the Poway Landscape
Maintenance District 83-1 to be collected on the San Diego County Property
Tax Roll for Fiscal Year 2009-2010. (0760-20)
No public speakers.
Motion by Deputy Mayor Kruse, seconded by Councilmember Rexford
to close the public hearing and adopt Resolution No. 09-047 entitled: "A
Resolution of the City Council of the City of Poway, California
Establishing Assessments for the Landscape Maintenance District 83-1
to be Collected on the San Diego County Property Tax Roll for Fiscal
Year 2009/2010." Motion carried 4-0-1, Councilmember Boyack
disqualified.
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City of Poway Minutes- July 21,2009
8. Approval of a Resolution Establishing Assessments for the Poway Landscape
Maintenance District 87-1 to be collected on the San Diego County Property
Tax Roll for Fiscal Year 2009-2010. (0760-20)
No public speakers.
Motion by Councilmember Cunningham, seconded by Councilmember
Boyack to close the public hearing and adopt Resolution No. 09-051
entitled: "A Resolution of the City Council of the City of Poway,
California Establishing Assessments for the Landscape Maintenance
District 87-1 to be Collected on the San Diego County Property Tax Roll
for Fiscal Year 2009/2010." Motion carried 4-0-1, Councilmember
Rexford disqualified.
9. First Reading of Ordinance No. 693 entitled: "An Ordinance of the City of
Poway, California Changing the Zoning Classification of Certain Properties
(ZC 09-01)" and Ordinance No. 694 entitled: "An Ordinance of the City of
Poway, California, Approving Specific Plan Amendment (SPA) 84-01 F(4) to
the South Poway Specific Plan to Change the Land Use Designation on a
Portion of Two Residential Parcels Located on the West Side of Creek Road
from Open Space-One Dwelling Unit to Natural Open Space"; and Approve
Resolution entitled: " A Resolution of the City Council of the City of Poway,
California, Amending the Land Use Element of the General Plan of the City of
Poway General Plan Amendment 09-01." (0220-40)
Jim Lyon, Senior Planner, reported on the request to re-designate 90 parcels,
or portions thereof, that have been dedicated by a property owner/developer
as biological mitigation land, purchased by the State of California as
mitigation land, or purchased by the City for the preservation of undeveloped
land from either Rural Residential A (RR-A), Rural Residential B (RR-B),
Rural Residential C (RR-C), Planned Community (PC), or Open Space-One
Dwelling UniUAcre to Open Space-Resource Management (OS-RM) or
Natural Open Space (OS); City of Poway, Applicant. The re-designation is a
requirement of the City's Habitat Conservation Plan to ensure the
preservation of the land as open space. The parcels proposed for re-
designation range in size from 0.08 acres to over 165 acres, and are located
throughout the City.
Motion by Deputy Mayor Kruse, seconded by Councilmember Rexford
to introduce Ordinance Nos. 693 and 694 for first reading by title only,
waive further reading and schedule adoption of the ordinances for
August 4, 2009, approve the Negative Declaration, and adopt Resolution
No. 09-052 entitled: "A Resolution of the City Council of the City of
Poway, California, Amending the Land Use Element of the General Plan
of the City of Poway General Plan Amendment (09-01)." Motion carried
unanimously.
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City of Poway Minutes- July 21, 2009
10. Approval of Minor Conditional Use Permit 09-03, David Connor, Applicant;
East of Midland Trust, Owner: A request to establish an emissions inspection
business at 13965 Poway Road, Suite A, in the Automotive General
Commercial (AGC) zone and Poway Road Specific Plan area. (0210-50)
Oda Audish, Associate Planner, displayed a Power Point presentation
outlining the project.
No public speakers.
Motion by Councilmember Cunningham, seconded by Deputy Mayor
Kruse to close the public hearing and adopt Resolution No. P-09-24 a
entitled: "A Resolution of the City Council of the City of Poway,
California Approving Minor Conditional Use Permit 09-03 Assessor
Parcel Number 323-262-02." Motion carried unanimously.
Staff Reports:
11. Receive the Fiscal Year 2008-2009 Goals and Objectives Final Report.
(0430-40)
Dee Fleischman questioned Redevelopment's business retention program.
Motion by Councilmember Rexford and seconded by Deputy Mayor
Kruse to accept and file the report. Motion carried unanimously.
Workshop:
12. Receive report on Roundabouts for the Espola Road Improvement Project.
(0820-90)
No public speakers.
Motion by Councilmember Rexford and seconded by Deputy Mayor
Kruse to continue the item to the City Council meeting of August 4,
2009, in order to collect additional information to be used in the Agenda
Report and Workshop presentation. Motion carried unanimously.
City Manager Items:
19. City Manager Gould spoke about the State budget compromise and its impact
to Poway.
City Attorney Items:
20. None.
Mayor and City Council-Initiated Items:
21. MERRILEE BOYACK - None.
22. JIM CUNNINGHAM - reported on his attendance at the Local
Government Summit held in Sacramento on July 17 and 18 where
government officials from cities, counties and school boards
participated in an historic event to explore reforming state governance.
Pledge - service groups will lead the pledge at each meeting. 9223
City of Poway Minutes- July 21, 2009
23. BETTY REXFORD - suggested highlighting proposed legislation on the
agenda with a star; no consensus.
24. CARL KRUSE - None
25. DON HIGGINSON
Motion by Councilmember Rexford, seconded by Deputy Mayor Kruse
to appoint Lois Fong-Sakai as Chairperson for the Redevelopment and
Housing Advisory Committee. Motion carried unanimously.
Adjournment: The meeting was adjourned at 11 :22 p.m.
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