CC/RDA 2009 11-03 Minutes
Poway City Council
Poway Redevelopment Agency
Council Chambers
13325 Civic Center Drive
Poway, California
November 3, 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.
Roll Call: Boyack (via teleconference), Cunningham, Rexford, K�use, 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
Peter Moote Assistant Director of Administrative Services/Treasurer
Bob Manis Director of Development Services
Dena Fuentes Director of Community Services/Redevelopment
Leah Browder Director of Public Works
Kevin Kitch Fire Division Chief, Safety Services
Todd Frank Sheriff's Captain
(Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, City Attorney,
and City C/erk shall be used to indicate Mayor/Chair, Depufy MayoNDeputy 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
Attomey/Agency Counsel and City CIerWSecretary.)
Pledge of Allegiance:
Bob Francella, US Navy Seabee, American Legion
City Councilmember Announcements:
Pets of the Week by Councilmember Rexford — A cat named Asheton and a dog
named Shelby are available for adoption at the Escondido Humane Society.
Presentations:
None
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City of Poway Minutes— November 3, 2009
Public Oral Communications:
Debbie Knuth spoke about violation of property rights, the Tarte Armstrong
lawsuit and associated legal fees and services.
Connie Messina spoke about the disrespectful efforts of the Rexford recall.
Tom McCollum spoke about roundabouts.
Shari Perry expressed concern with roundabouts on Espola, asking to eliminate
them. She provided a letter to Council.
City Manager Gould announced a second workshop on roundabouts is
scheduled for January 5, 2010.
Don Mechling requested adhering to the General Plan as originally written:
Espola Road be four lanes and no roundabouts.
John Mullin opposed roundabouts on Espola Road.
Councilmember Rexford left the dais.and the room.
Andrew Skale urged Councilmember Rexford to resign from office.
Laura Uematsu urged Councilmember Rexford to resign.
Clariece Tally spoke in support of recalling Councilmember Rexford.
Armand Salvi questioned oral communications on the agenda as it pertains to the
recall of a councilmember.
Steve Vaus spoke about Councilmember Rexford's abuse of power and recall
efforts.
Councilmember Rexford returned to the dais.
Consent Calendar - Notice to Public: (Approved by Roll-Call Vote)
Motion by Deputy Mayor Kruse, seconded by Councilmember Cunningham, to
approve Consent Calendar Items 4-12, except Items 13 and 13.1 which were
pulled for discussion by the public. Motion carried by the following roll-call vote:
Aye: Boyack (via teleconferencing►, Cunningham, Rexford,
Kruse, Higginson
Noes: None
Absent: None
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City of Poway Minutes— November 3, 2009
4. Approval of Reading by Title only and Waiver of Reading in full of Ordinances
on Agenda.
5. Ratification of Warrant Registers for the periods September 28 through
October 2, 2009 and October 5 through October 9, 2009. (0475-20)
6. Approval of Minutes — City CounciURedevelopment Agency
October 20 Regular
7. Award of Bid for As-Needed Roofing Inspection/Repair/Replacement
Services, Bid No. 10-004 to Excalibur Roofing Services, Inc., the lowest
responsible bidder, in the amount not to exceed $15,000.00 for first year.
(0700-10)
8. Approval of Consuitant Agreement between the City of Poway and Winzler &
Kelly for Engineering Design Services for the San Diego County Water
Authority (SDCWA) Treated Water Connection and Clearwell Redundant
Pipeline Project (CIP #1757). (0700-10)
9. Award of Bid for the Purchase of (2) New Motor Control Centers, Bid No. 40-
001, to OneSource Distributors LLC, the lowest responsible bidder, in the
amount of $107,376:49. (0700-10)
10. ITEM REMOVED
11. Acceptance of the Twin Peaks and Espola Pedestrian Improvements Project
(CIP# 1298) Bid No. 09-010 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 $14,337.40, if unencumbered, 45
days after filing the Notice of Completion; Release the Material and Labor
bond in the amount of $136,094.00, and retain the bond for Faithful
Performance for a period of one year. (0700-10)
12. Approval of the Lease for the Operation of the Lake Poway Concession to
Tom and Monique Wituschek. (0700-10)
Public Hearing:
1. Approval of Environmental Assessment and Modification to Conditional Use
Permit 06-09M, Loma Cabrillo, LLC/Allan Kuebier Applicant: A request to
modify the site design and conditions of approval for CUP 06-09, which
authorized the operation of a horse boarding facility and training center for up
to 167 horses, and a cat and dog kennel for boarding up to 20 animals on d-
adjoining parcels (37 acres) located at 15069 Sycamore Canyon Road within
the Rural Residential B zone. The proposal also inciudes a request to add
arena lights and lights in the animai enclosure areas. APN Nos.: 323-070-17,
18, 19 and 65 (0210-30)
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City of Poway Minutes— November 3, 2009
Carol Rosas, Associate Planner, reported to Council on the projecY.
Speakers in opposition: Martha Heath, Roger Heath, Monica Ryan, Linda
Bell.
Speakers in support: John Fitch
Motion by Deputy Mayor Kruse, seconded by Councilmember Rexford
to take public input; ctose the public hearing; and adopt Resolution No.
P-09-38 entitled; "A Resolution of the City Council of the City of Poway,
California, Approving Conditional Use Permit (CUP) 06-09M Assessor's
Parcel Numbers 323-070-17, 18, 19 and 65." Motion carried by the
following roll-call vote:
Aye: Boyack (via teleconferencing�, Cunningham, Rexford,
Kruse, Higginson
Noes: None
Absent: None
Staff Report:
2. Approval of Minor Development Review Application 09-19, Bob Lamagno,
Owner: A request to construct a 3,018-square-foot, single-family residence
and an 806-square-foot, attached garage at 14203 Midland Road. The
property is located in the Residential Single-Family 2 and Rural Residential C
zones in the Old Poway Specific Plan area. (0200-25)
Oda Audish, Associate Planner, outlined the application.
Speaker: Dee Fleischman complimented staff and the owner on their efforts
to preserve the view. She recommended modifying the entrance (stairway) to
have the entrance on Aubrey and to maintain the same view when the other
two homes are built.
Motion by Councilmember Cunningham, seconded by Councilmember
Rexford to take public input; and adopt Resolution No. P-09-39 entitled;
"A Resolution of the City Council of the City of Poway, California,
Approving Minor Development Review Application (MDRA) 09-19
Assessor's Parcel Number 314-193-47." Motion carried by the following
roll-call vote:
Aye: Boyack (via teleconferencing), Cunningham, Rexford,
Kruse, Higginson
Noes: None
Absent: None
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City of Poway Minutes— November 3, 2009
3. Water Conservation Team Status Report. (0930-10j"
Kristen Crane, Water Conservation Manager, reported on the Water
Conservation Team's work plan and accompiishments via a PowerPoint
presentation.
Council complimented the Water Conservation Team for their work.
Received and filed report.
Items Pulled from the Consent Calendar:
13. Approval of Zoning Ordinance Amendment (ZOA) 09-02; An Ordinance of the
City of Poway, Celifornia, Adding Article IV to Chapter 17.26, Special Uses of
Title 17 (Zoning) of the Poway Municipal Code (PMC), pertaining to
estabiishment of procedures to handle requests for reasonable
accommodation made by persons with disabilities. (0210-80)
Speaker in support: Joe St. Lucas
Motion by Councilmember Cunningham, seconded by Counci�member
Rexford to adopt Ordinance No. 699. Motion carried by the following
roll-call vote:
Aye: Boyack (via teleconferencing�, Cunningham, Rexford,
Kruse, Nigginson
Noes: None
Absent: None
13.1 Comprehensive Sign Program (CSP) 08-02; Old Poway, LLC, Applicant: A
request to establish a Comprehensive Sign Program for Old Poway Village
located at 14005-14057 Midland Road, within the Cornmercial General zone
and the Old Poway Specific Plan area. APN Nos. 314-220-39, 40, and 41.
(0280-20)
Speaker: Dee Fleischman questioned the shape of the sign on page 19
noting it does not belong in Old Poway and suggested lights shine downward
and not upward.
Motion by Councilmember Cunningham, seconded by Deputy Mayor
Kruse to adopt Resolution Approving Comprehensive Sign Program.
Motion carried by the following roll-call vote:
Aye: Boyack (via teleconferencing), Cunningham, Rexford,
Kruse, Higginson
Noes: None
Absent: None
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City of Poway Minutes— November 3, 2009
City Manager Items: None.
Mayor and City Council-Initiated Items:
16. MERRILEE BOYACK — thanked everyone for their get well wishes.
18. BETTY REXFORD — spoke about her attendance at the VFW's Toys For Tots
event and requested information on the status of a plan for evacuating mobile
home park residents during emergencies.
17. JIM CUNNINGHAM
A. Request from Poway Youth Soccer League to Install Lighting and
Artificial Turf at the Arbolitos Sports Fields.
Councilmember Boyack excused herself from discussion and ended
teleconferencing.
Speakers in opposition: Dee Fleischman, Steve Boyack, John Adams,
Claudia Adams, Kerry Araiza, Mike Mattias, Anna Heck, Thomas
Tucker, Yvette Reidy.
Speakers in support: Ginger Couvrette representing Poway Sports
Association, Robert Waldon tepresenting Poway Youth Soccer
League, Laura Calio representing Poway Youth Rugby, Chuck Cross.
Staff to return in a reasonable period of time with a report to Council on
their findings. Six major issues to be addressed by� staff are: 1)
comparing lighting anticipated for Arbolitos to Meadowbrook; 2)
detention basin drainage issues, do artificial turf vendors have porous
product for detention basin; 3) extended hours — concern with games
at 11:00 pm; 4) adult improper use (crime, loitering, traffic), will lights
decrease crime; 5) noise issues, impact on quality of life, what can be
done to mitigate noise; 6) spending and costs-potential for public
private partnership; and any other issues.
After discussion of the Community Park Master Plan by Council at their
next meeting, City Manager Gould to return with information regarding
staff's ability and timeframe to undertake this project.
20. DON HIGGINSON — reported on the grand opening of The Meadows, the
City's newest affordable housing project and on the collaboration between a
local company, Jinx Clothing Company and the Boys and Girls Club
designing t-shirts.
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City of Poway Minutes— November 3, 2009
City Attorney Items:
Mayor Higginson cailed for a Closed Session as requested by City Attorney Foster and the
City Council adjourned into Closed Session at 10:19 pm. City Attorney Foster advised there
will be no reportable action on the Closed Session item.
Councilmember Boyack teleconferenced in for the Closed Session.
15. CLOSED SESSION
A. Conference with Legal Counsel — Existing Litigation
Authority: Gov. Code Sec. 54956.9(A)
Title: Tarte/Armstrong v. City Of Poway
San Diego Superior Court
Case No. 37-2008-00076297-Cu-Np-Ctl
Adjournment: The meeting was adjourned at 10:35 p.m.
�✓
nda . Troyan, MMC
C Clerk
City of Poway, California
9265