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2005 06-21 Agenda CITY OF POWAY - CITY COUNCIL ACTIONS AGENDA JUNE 21, 2005 - REGULAR MEETING -7:00 P.M. CITY COUNCIL CHAMBERS, 13325 CIVIC CENTER DRIVE (MEETING CALLED TO ORDER AS CITY COUNCIUPLANNING COMMISSION/REDEVELOPMENT AGENCY) ROLL CALL BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA FLAG SALUTE DEPUTY MAYOR EMERY PRESENTATIONS A. Mayor Cafagna presented Certificates of Appreciation to past committee members. B. Johnny Bear Contreras presented his sculptures to the City Council and announced the opening of his exhibit at City Hall. CITY COUNCILMEMBERS ANNOUNCEMENTS Deputy Mayor Emery gave a review of the Chicken Pie Diner Restaurant. Council member Rexford congratulated Safety Services on the new Fire Station 3. PUBLIC ORAL COMMUNICATIONS 3 people spoke under Public Oral Communications. CONSENT CALENDAR - NOTICE TO PUBLIC Items 15 - 22. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford to approve the Consent Calendar. Motion carried unanimously. CONTINUED PUBLIC HEARINGS 1. Proposed FY 2005/2006 and FY 2006/2007 Comprehensive Financial Plan and 5- Year Fiscal Forecast for the General Fund. (Continued from June 14, 2005, Item #1) (0430-40) CITY MANAGER'S RECOMMENDATION: Take public input; close the public hearing, adopt Resolutions (2 City/2 RDA) authorizing the proposed financial plan as amended. 1 --.- -. .__._---_._------.~.._.~" .---------------_,_..__ __ _. .. _._._____...__.........__.__m_ __ __ _. ._._.__..._ ______m ____ ....... CITY OF POWA Y - CITY COUNCIL AGENDA - JUNE 21, 2005 CITY COUNCIL ACTION: Motion by Councilmember Boyack, seconded by Deputy Mayor Emery, to close the public hearing and adopt Resolution Nos. 05-046, R-05- 07,05-047, R-05-08. Motion carried unanimously. PUBLIC HEARINGS 2. A) Ordinance No. 621 - First reading, entitled: "An Ordinance of the City Council of the City of Poway, California, Approving Zoninq Ordinance Amendment (ZOA) 05-03 to Amend Section 17.08.170 of the Poway Municipal Code (PMCA 05-01) Reducing the City's Maximum Road and Driveway Slope Requirements from 25% to 20% and an Amendment to Section 15.24.170, Fire Apparatus Access Roads- Specifications Reducing the Slope of Fire Access Roadways from 25% to 20%. B) Environmental Assessment and General Plan Amendment (GPA) 05-03 - A City Initiated General Plan Amendment to the Community Development Element of the General Plan regarding modifications to the maximum graded area standard. City of Poway, Applicant. (0210-80) CITY MANAGER'S RECOMMENDATION: Take public input; hold first reading of the proposed Ordinance; waive further reading (unanimous vote) and continue the public hearing to July 5, 2005 for second reading and adoption of the Ordinance and adoption of the resolution approving GPA 05-03. CITY COUNCIL ACTION: Motion by Councilmember Boyack, seconded by Mayor Cafagna, to waive further reading of the Ordinance as amended to read "Should the percentage of grading result in more than a 20% increase in the amount of allowable grading the matter would need to come back to Council for review. Should the allowable grading be under 20% it would be at the Director of Development Services discretion for approval," and to continue the public hearing to July 5,2005 for second reading and adoption of the Ordinance and adoption of the Resolution approving GPA 05-03. Motion carried 4-1 with Deputy Mayor Emery voting "No". 3. Ordinance No. 622, First Reading, entitled, "An Ordinance of the City of Poway, California, Amending Chapter 13.03.010 of the Poway Municipal Code, Schedule of Sewer Service Charqes, and Establishinq Sewer Rates." (0940-25/#622) CITY MANAGER'S RECOMMENDATION: Take public input; waive further reading (unanimous vote); and continue public hearing to July 5,2005 for second reading and adoption of Ordinance. CITY COUNCIL ACTION: Motion by Deputy Mayor Emery, seconded by Councilmember Boyack, to waive further reading of the Ordinance, and to continue the public hearing to July 5, 2005 for second reading and adoption. Motion carried unanimously. 2 -------.-- --.--------.-.--- ----_._---- CITY OF POWA Y - CITY COUNCIL AGENDA - JUNE 21, 2005 4. Ordinance No. 623 - First Reading, entitled, "An Ordinance of the City of Poway, California, Amending Chapter 13.11.010 ofthe poway Municipal Code, Schedule of Water Service CharQes, and EstablishinQ Water Rates." (0930-25/#623 ) CITY MANAGER'S RECOMMENDATION: Take public input; waive further reading (unanimous vote); and continue public hearing to July 5, 2005 for second reading and adoption of Ordinance. CITY COUNCIL ACTION: Motion by Deputy Mayor Emery, seconded by Councilmember Boyack, to waive further reading of the Ordinance, and to continue the public hearing to July 5,2005 for second reading and adoption. Motion carried unanimously. 5. Environmental Assessment (EA) 05-03. Jimmy and Marti Webb, Applicants. A request for the purchase, demolition and relocation expenses associated with the acquisition of property located at 14049 York Avenue. APNs: 314-214-09 and 10. (0780-08) CITY MANAGER'S RECOMMENDATION: Take public input; close public hearing; approve the Negative Declaration, adopt the Planning Resolution approving the Environmental Assessment, approve the purchase of the property, the expenditure of $614,800, authorize the City Manager/Executive Director to execute the necessary documents for acquisition. CITY COUNCIL ACTION: Motion by Deputy Mayor Emery seconded by Councilmember Rexford, to close the public hearing, adopt Resolution No. P-05-46, approve the purchase of the property and authorize the City Manager/Executive Director to execute the necessary documents. Motion carried unanimously. 6. Tentative Tract Map (TTM) 05-01, Excel Engineering, Applicant: A request for a condominium conversion of an approximate 31,000-square-foot office building, currently under construction, located at 13995 Danielson Street, within the Industrial Park (IP) zone. APN: 323-090-84 (0200-60) CITY MANAGER'S RECOMMENDATION: Take public input; close public hearing; adopt Planning Resolution approving with conditions. CITY COUNCIL ACTION: Motion by Councilmember Rexford, seconded by Councilmember Higginson, to close the public hearing and adopt Resolution No. P- 05-47. Motion carried unanimously. 3 __._.____....____".. .--_._"0..__._-.------.------- "-----~ -.."---.------ -----------.- CITY OF POWA Y - CITY COUNCIL AGENDA - JUNE 21, 2005 7. Variance (VAR) 05-03, Mike and Diana Beszeditz, Applicants: A request for a Variance to allow a 5-foot encroachment into the required 1 O-foot rear yard setback for a room addition; a 7-foot-high fence on the interior side yard when a 6-foot-high fence is allowed; and a carport structure in the front yard setback up to the front property line when a 18-foot setback is required, for a single-family residence located at 12471 White Oak Way, in the Residential Single-Family 7 (RS-7) zone. APN: 317-211-10 (0210-70) CITY MANAGER'S RECOMMENDATION: Take public input; close public hearing; and adopt Planning Resolution approving the modified Variance with conditions. CITY COUNCIL ACTION: Motion by Mayor Cafagna, seconded by Deputy Mayor Emery, to close the public hearing and adopt Resolution No. P-05-48 granting the Variance for the wall and room addition with the condition that building permits are taken out, the wall and room addition are inspected and built to code. Motion carried unanimously. Council member Rexford requested staff return to Council with a report on imposing fines for illegal construction without permits. 8. Landscape Maintenance District 83-1. Public hearing to allow public input for assessments to be collected on the San Diego County Tax Roll for Fiscal Year 2005-2006. Assessments are proposed to remain unchanged at the 04/05 rates of: $118.48 per benefit uniUyear ($9.87 per benefit uniUmonth) Zone A (Residential); $235.75 per benefit uniUyear ($19.65 per benefit uniUmonth) Zone B (Commercial); $496.16 per benefit uniUyear ($41.35 per benefit uniUmonth) Zone C (Residential). (Initiated April 26, 2005, Item #3). (0760-20) CITY MANAGER'S RECOMMENDATION: Take public input; close public hearing; and adopt Resolution establishing assessments for Poway Landscape Maintenance District 83-1 to be collected on the Property Tax Roll for Fiscal Year 2005-2006. CITY COUNCIL ACTION: Motion by Deputy Mayor Emery, seconded by Councilmember Boyack, to close the public hearing and adopt Resolution No. 05- 048. Motion carried unanimously. CITY OF POWA Y - CITY COUNCIL AGENDA - JUNE 21, 2005 9. Landscape Maintenance District 86-1. Public hearing to allow public input for assessments to be collected on the San Diego County Tax Roll for Fiscal Year 2005-2006. Assessments are proposed to remain unchanged at the 04/05 rates of: $243.04 per benefit uniUyear ($20.25 per benefit uniUmonth) Zone A (Residential). (Initiated April 26, 2005, Item #4). (0760-20) CITY MANAGER'S RECOMMENDATION: Take public input; close public hearing; and adopt Resolution establishing assessments for Poway Landscape Maintenance District 86-1 to be collected on the Property Tax Roll for Fiscal Year 2005-2006. 4 ._"-_..--_. ..'--..-- _.~~-'--- ----~._._""-_._-----_._,.._._._--------- .-.-.------.-.-------...---"-,..-.-. CITY OF POWA Y - CITY COUNCIL AGENDA - JUNE 21, 2005 CITY COUNCIL ACTION: Motion by Deputy Mayor Emery, seconded by Council member Boyack, to close the public hearing and adopt Resolution No. 05- 049. Motion carried unanimously. 10. Landscape Maintenance District 86-2. Public hearing to allow public input for assessments to be collected on the San Diego County Tax Roll for Fiscal Year 2005-2006. Assessments are proposed to remain unchanged at the 04/05 rates of: $186.16 per benefit unit/year ($15.51 per benefit unit/month) Zone A (Residential); and an increase from $272.04 per benefit unit/year to $281.56 per benefit unit/year ($9.52 per year for a monthly increase of $0.793 per parcel) Zone B (Residential). (Initiated April 26, 2005, Item #5). (0760-20) CITY MANAGER'S RECOMMENDATION: Take public input; close public hearing; and adopt Resolution establishing assessments for Poway Landscape Maintenance District 86-2 to be collected on the Property Tax Roll for Fiscal Year 2005-2006. CITY COUNCIL ACTION: Motion by Deputy Mayor Emery, seconded by Councilmember Boyack, to close the public hearing and adopt Resolution No. 05- 050. Motion carried unanimously. 11. Landscape Maintenance District 86-3. Public hearing to allow public input for assessments to be collected on the San Diego County Tax Roll for Fiscal Year 2005-2006. Assessments are proposed to remain unchanged at the 04/05 rates of: $163.00 per benefit unit/year ($13.58 per benefit unit/month) Zone A (Residential); and $70.89 per benefit unit/year ($5.91 per benefit unit/month) Zone B (Commercial). (Initiated April 26, 2005, Item #6). (0760-20) CITY MANAGER'S RECOMMENDATION: Take public input; close public hearing; and adopt Resolution establishing assessments for Poway Landscape Maintenance District 86-3 to be collected on the Property Tax Roll for Fiscal Year 2005-2006. CITY COUNCIL ACTION: Motion by Deputy Mayor Emery, seconded by Councilmember Boyack, to close the public hearing and adopt Resolution No. 05- 051. Motion carried unanimously. 12. Landscape Maintenance District 87-1. Public hearing to allow public input for assessments to be collected on the San Diego County Tax Roll for Fiscal Year 2005-2006. Assessments are proposed to remain unchanged at the 04/05 rates of: $790.00 per year ($65.84 per month) per net acre for Parkway Business Centre I and II, Tech Business Center, and Watkins Terminals; $842.68 per year ($70.23 per month) per net acre for Pomerado Business Park I and II, Poway Corporate Center, Parkway Business Center III, Trident Center, Poway Views LLC, Discovery Isle, Legacy Partners, Toppan, and Costco/Home Depot Commercial Properties; and $210.68 per year ($17.56 per month) per benefit unit for Rolling Hills Estates I and II, Valencia Creek, Kimball, AvianolBothwell and Dynasty Development. (0760-20) 5 .-----. - --..----.^...-- .._--,-".._---~~.._--_..._._------- --- -- -- ----------------- CITY OF POWAY - CITY COUNCIL AGENDA-JUNE 21, 2005 CITY MANAGER'S RECOMMENDATION: Take public input; close public hearing; and adopt Resolution establishing assessments for poway Landscape Maintenance District 87-1 to be collected on the Property Tax Roll for Fiscal Year 2005-2006. CITY COUNCIL ACTION: Motion by Deputy Mayor Emery, seconded by Councilmember Boyack, to close the public hearing and adopt Resolution No. 05- 052. Motion carried unanimously. 13. Powav Liohtinq District. Public hearing to allow public input for assessments to be collected on the San Diego County Tax Roll for Fiscal Year 2005-06. Assessments are proposed to remain unchanged at $15.00 per benefit unit per year for improved parcels and $7.50 per benefit unit per year for vacant, buildable parcels for Zone A; Zone B parcels do not have benefit of immediate street lighting, but share equitably in benefit from major arterial street lighting. Zone B assessments are based on $3.75 (the County rounds this to $3.76 for tax billing purposes) per benefit unit for improved parcels and $1.88 per benefit unit per year for vacant, buildable parcels. Zone C assessments, which fund the operation and maintenance of traffic signals, safety lights, flashing beacons, and street name signs within the City boundaries, are collected from all assessable parcels in Poway. Improved parcels are assessed at $13.58 per benefit unit per year. Buildable parcels that are vacant are assessed at a rate of 50 percent, or $6.79 (Ibid) per benefit unit per year. (Initiated May 26, 2005, Item #8). (0760-30) CITY MANAGER'S RECOMMENDATION: Take public input; close public hearing; and adopt Resolution establishing assessments for Poway Lighting District to be collected on the Property Tax Roll for Fiscal Year 2005/2006. CITY COUNCIL ACTION: Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to close the public hearing and adopt Resolution No. 05-053. Motion carried unanimously. STAFF REPORTS 14. Historic Restoration and Preservation Award Prooram. (0160-45) CITY MANAGER'S RECOMMENDATION: Authorize the City Managerto proceed with implementation of the Historic Home Restoration Award Program and identify two Councilmembers to review the nominees and select award recipients. CITY COUNCIL ACTION: Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to authorize the City Manager to proceed with the implementation of the Program and to appoint herself and Council member Boyack to serve on the subcommittee. Motion carried unanimously. 6 .- ~ .,.,----_.._.._------~ _.._____._.___.._______._n__________._____ _.____. ..__.__..______.._____ CITY OF POWAY - CITY COUNCIL AGENDA-JUNE 21, 2005 CONSENT CALENDAR 15. Ratification of Warrant ReQister for the period of May 23 through May 27,2005. (0475-20) 16. Approval of Minutes - City Council May 31, 2005 Regular Meeting June 2, 2005 Canceled Adjourned Regular Meeting 17. Approval of Minutes - Redevelopment Agency May 31, 2005 Regular Meeting June 2, 2005 Canceled Adjourned Regular Meeting 18. Adoption of Resolution No. 05-054, entitled: "A Resolution of the City Council of the City of Poway, California, Adopting an Appropriations Limit for Fiscal Year Ending June 30, 2006. (0480-10) 19. Adoption of Resolution No. 05-055, entitled: "A Resolution of the City Council ofthe City of Poway, California, Approving Program Supplement No. M008 and Authorizing the City Manager to Execute Said Agreement" with CalTrans for reimbursement costs associated with the Standish Drive Sidewalk Improvements project. (0700-10) 20. Acceptance of the Costco Landscape Maintenance District (LMD 87-1) Landscape Improvements. (0760-20) 21. Award of Contract to Mikhail OQawa EnQineerinQ in the amount of $11,940 for Watershed Management Services and Approval of the Los Pefiasquitos Watershed Reimbursement Agreement. (0700-10) 22. A) Adoption of Resolution No. 05-056, entitled: "A Resolution of the City Council of the City of Poway, California Commending Girl Scout Gold Award Recipient Allison Christian;" B) Adoption of Resolution No. 05-057, entitled: "A Resolution of the City Council of the City of Poway, California Commending Girl Scout Gold Award Recipient Amy Doroba;" C) Adoption of Resolution No. 05-058, entitled: "A Resolution of the City Council of the City of Poway, California Commending Girl Scout Gold Award Recipient Stephanie Duncan;" D) Adoption of Resolution No. 05-059, entitled: "A Resolution of the City Council of the City of Poway, California Commending Girl Scout Gold Award Recipient Kelley Nicole Hockett;" 7 CITY OF POWAY - CITY COUNCIL AGENDA - JUNE 21, 2005 E) Adoption of Resolution No. 05-060 entitled: "A Resolution ofthe City Council of the City of Poway, California Cornrnending Girl Scout Gold Award Recipient Melissa Eleanor Lokensgard;" F) Adoption of Resolution No. 05-061, entitled: "A Resolution of the City Council of the City of Poway, California Commending Girl Scout Gold Award Recipient Sara Osmus;" G) Adoption of Resolution No. 05-062, entitled: "A Resolution of the City Council of the City of Poway, California Commending Girl Scout Gold Award Recipient Jennica Parker;" H) Adoption of Resolution No. 05-063, entitled: "A Resolution of the City Council of the City of Poway, California Commending Girl Scout Gold Award Recipient Alexandra Paur;" I) Adoption of Resolution No. 05-064, entitled: "A Resolution of the City Council of the City of Poway, California Commending Girl Scout Gold Award Recipient Sarah Sangalang;" J) Adoption of Resolution No. 05-065, entitled: "A Resolution of the City Council of the City of Poway, California Commending Girl Scout Gold Award Recipient Kathleen Scherer;" K) Adoption of Resolution No. 05-066, entitled: "A Resolution of the City Council of the City of Poway, California Commending Girl Scout Gold Award Recipient Katie Stahl;" L) Adoption of Resolution No. 05-067, entitled: "A Resolution of the City Council of the City of Poway, California Commending Girl Scout Gold Award Recipient Katherine D. VanDerhoff;" M) Adoption of Resolution No. 05-068, entitled: "A Resolution of the City Council of the City of Poway, California Commending Girl Scout Gold Award Recipient Amanda Jean Young." (0710-40) CITY MANAGER ITEMS 23. Assistant City Manager Riley thanked Council on behalf of City Manager Bowersox for their support in approving the budget. 8 .------.--.. ------ -- ._--_._._-_..,-_.,--_.._-_._~_.._,. CITY OF POWA Y - CITY COUNCil AGENDA - JUNE 21, 2005 CITY ATTORNEY ITEMS 24. Closed Session - Held A. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Government Code 954956.9(b)(3)(C) Number of potential cases: 1 B. Conference with Legal Counsel Initiation of Litigation Government Code 954956.9(c) Number of potential cases: 1 MAYOR AND CITY COUNCil-INITIATED ITEMS 28. BOB EMERY A. Poway Bob's Restaurant Review DEPUTY MAYOR'S RECOMMENDATION: Hear review. CITY COUNCIL ACTION: Deputy Mayor Ernery gave a review at beginning of meeting under City Council member Announcements. Deputy Mayor Emery requested and received concurrence that the report concerning on-street parking scheduled for the July 5, 2005 Agenda be continued to another date. ADJOURNMENT - 9:15 p.m. 9 --.--..---.- .~--,-----~._------------_._---- .