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CC/RDA 2009 11-17 Minutes Poway City Council Poway Redevelopment Agency Council Chambers 13325 Civic Center Drive Poway, California November 17, 2009 The Regular Meeting of the Poway City Council and Poway Redevelopment Agency was called to order by Mayor Higginson at 7:00 p.m. Roll Call: Boyack, Cunningham, Rexford, Kruse; 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. T�oyan City Clerk/Secretary Steve Didier Director of Administrative Services/Treasurer Bob Manis Director of Development Services Dena Fuentes Directo� of Community Services/Redevelopment 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/Asst. Exec. Director, Dir. of Redev: Services/Deputy Exec. Director, Dir. of Admin. Services/Treasurer, City Attorney/Agency Counsel and City Clerk/Secretary.J Pledge of Allegiance: Chuck Cross, US Coast Guard, American Legion City Councilmember Announcements: Pets of the Week by Councilmember Rexford — A cat named Scooby and a dog named Lizzy are available for adoption at the Escondido Humane Society. Presentations: None 9267 City of Poway Minutes—November 17, 2009 Public Oral Communications: • Dave Grosch spoke about Wal-Mart. o Laura Uematsu addressed Council regarding recall efforts and demanded a resignation from Councilmember Rexford. . Peter Radosevich spoke about recall efforts for Councilmember Rexford and questioned her having a press conference. e Steve Vaus spoke about recall efforts for Councilmember Rexford. . Jerry Hargarten spoke about the targeting of Councilmember Rexford with a recall and its negative effect on the City of Poway. . Virginia Hargarten spoke about the City Council and the negative effects of the recall. Consent Calendar - Notice to Public: (Approved by Roll-Call Vote) Motion by Deputy Mayor Kruse, seconded by Councilmember Cunningham, to approve Consent Calendar Items 3-13. Motion carried by the following roll-call vote: Aye: Boyack, Cunningham, Rexford, Kruse, Higginson Noes: None Rbsent: None 3. Approval of Reading by Title only and Waiver of Reading in full of Ordinances on Agenda. 4. Ratification of Warrant Registers for the period October 12 through October 16, 2009 and October 19 through October 23, 2009. (0475-20) 5. Approval of Minutes — City Council/Redevelopment Agency November 3 Regular 6. Award of Bid for Espola Road Landscape Restoration Federal Aid Project No. ER-46013(001) Bid No. 10-005 to Sierra Landscape, the lowest responsible bidder, in the amount not to exceed $183,455. (0700-10) 7. Approval of Consultant Agreement between the City of Poway and AECOM for Engineering Design Services for the Boulder Mountain Reservoir Repair and Replacement Project (CIP# 1759A). (0700-10) 8. Award of Bid for the FY 2009/2010 ADA Barrier Removal — Lake Poway Pavilion Project, (CIP #1548D) Bid No. 10-006 to Pave Pros Construction, Inc., the lowest responsible bidder, in the amount not to exceed $45,877.55. (0700-10) 9. Award of Bid for the Settled Water Launder Replacement and Channel Lining Project at the Lester J. Berglund Water Treatment Plant (CIP #1753), Bid No. 9268 City of Poway Minutes— November 17, 2009 10-008 to Eastern Valley General Engineering, Inc., the lowest responsible bidder, in the amount not to exceed $499,980.00. (0700-10) 10. Consideration of Housing Special Program Recommendations to award a Housing Special Program grant to Community HousingWorks in the amount of $199,340. (0490-51) 11. Acceptance of the Poway Royal Concrete Improvements Project (CIP# 1140) Bid No. 09-021 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 $2,903.32, if unencumbered, 45 days after filing the Notice of Completion; Release the Material and Labor bond in the amount of $19,801, and retain the bond tor Faithful Performance for a period of one year. (0700-10) 12. Approval of agreement between the City of Poway and MBIA Asset Management for providing investment advisory services to the City. (0700-10) 13. City Council Approval of Funds and Acquisition of Tax Defaulted Parcel APN 317-740-66 on Cree Drive. (0780-08) Staff Report: 1. Provide Community Park Master Plan Update and Approval of Consultant Agreement. (0700-10) Patti Brindle, City Pianner gave an update on the Community Park Master Plan and June Dudas, Asst. Director of Community Services reported on Community Center joint use. A PowerPoint presentation was displayed. Speakers in Support: Antonio Avila, Pete Babich Speakers in Opposition: Dee Fleischman Motion by Councilmember Cunningham, seconded by Councilmember Boyack to authorize staff to begin work on the Community Park Master Plan Update; and that the Redevelopment Agency 1) Allocate $120,000 from the Redevelopment Agency unappropriated fund balance to project 5660A to pay for the Community Park Master Plan Update and; 2) Accept the proposal for services and authorize the Executive Director to execute the agreement between RJM Design Group, Inc. and the Redevelopment Agency for the Community Park Master Plan Update. Motion carried by the following roll-call vote: Aye: Boyack, Cunningham, Rexford, Kruse, Higginson Noes: None Absent: None 3269 City of Poway Minutes— November 17, 2U09 2. Water Conservation Progress Report and Water Rates Discussion. (0490-15) Kristen Crane, Water Conservation Manager and Donna Goldsmith, Business and Revenue Manager provided a PowerPoint report. Speakers in Support: Pete Babich Speakers in Opposition: John Swildens, Ken Roth, Bruce Tarzy representing Green Valley Civic Association Speakers with Neutral Position: Manuel Corrales, Jr., Esq. representing Hidden Valley Ranch/Ed Malone Staff to continue to monitor consumption, continue five pillar conservation program, report back periodically and provide a comprehensive status report in April. Received and filed report. 14. City Manager Items: None. 15. City Attorney Items: City Attorney Foster announced that Council met earlier in the evening at a 6:00 p.m. Special Meeting and discussed the following Closed Session items: A. Conference with Legal Counsel- Existing Litigation Gov't Code section 54956.9(a) Poway Royal Mobilehome Owners Assn. et al v. Poway Redevelopment Agency; et al, San Diego Superior Court Case No. GIC849802/GIC849790 B. Conference with Legal Counsel - Anticipated Litigation Gov't Code section 54956.9(b) No. of Cases: One Regarding Item A, she reported that Council approved a final settlement in the matter of attorney's fees awarded to the City and the Agency in that case. Pursuant to the settlement, the city will accept payment from the Homeowner's Association in the amount of $21,500 as full satisfaction of the judgment for attorney's fees and with this settlement of the attorney's fees award, all issues related to this case are now resolved. Regarding Item B, there is no reportable action. sz�o City of Poway Minutes— November 17, 2009 Mayor and City Council-Initiated Items: 16. MERRILEE BOYACK reported that she is glad to be back at the meetings. 17. BETTY REXFORD wished her husband a Happy Birthday. 18. JIM CUNNINGHAM reported on citizens meetings and Veteran's Day event. 19. CARL KRUSE — A. Discussion regarding schedule of regular meetings of the City Council. No action taken. 20. DON HIGGINSON announced four influential Charger players live in Poway. Adjournment: The meeting was adjourned at 9:26 p.m. ' da . Troyan, MMC City- lerk City of Poway, California 9271