CC 2006 06-20
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JUNE 20, 2006
The June 20, 2006, Regular Meeting of the City Council of the City of Poway, was called to
order at 7:03 p.m. by Mayor Cafagna at the Poway City Council Chambers, 13325 Civic
Center Drive, Poway, California, for a Regular City Council Meeting.
COUNCILMEMBERS PRESENT
Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford and Mickey Cafagna
COUNCILMEMBERs ABSENT
None
STAFF MEMBERS PRESENT
Rod Gould
Penny Riley
Lisa A. Foster
Diane Shea
Robert Clark
Niall Fritz
David Narevsky
Jim Howell
Tina White
Mark Sanchez
Charlie Campe
Kristen Crane
Paolo Romero
Dennis Quillen
Frank Casteleneto
PLEDGE OF ALLEGIANCE
City Manager
Assistant City Manager
Interim City Attorney
City Clerk
Director of Community Services
Director of Development Services
Redevelopment Manager
Director of Public Works
Director of Administrative Services
Director of Safety Services
Sheriff's Captain
Assistant to the City Manager
Management Analyst
Deputy Director of Public Works
City Engineer
Deputy Mayor Rexford led the pledge of allegiance.
CITY COUNCILMEMBER ANNOUNCEMENTS
A. Council member Emery gave his restaurant review on Sarika Thai Kitchen on Poway
Road, noting their excellent food.
Deputy Mayor Rexford attended the Rotary BBQ and complimented the club on a nice event.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications noting that State
law may prohibit the City Council from taking action on items not on the agenda, and items
will be referred to staff. The following people spoke:
Juanita Hayes introduced herself as the newly appointed SDG&E Public Affairs Manager in
this area and reported on summer energy outlook and the programs for assistance available.
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Charles Koch, Poway, complained of fliers and advertisements being tossed onto his
driveway without his permission.
Roger Moyers, Poway, spoke on the successful Summer Heat Classic, a girl's softball
tournament, and thanked staff for their work.
PUBLIC HEARINGS
1.
City of Poway's Financial Policy.
(0400-95)
Mayor Cafagna opened the public hearing. Director of Administrative Services Tina
White presented the staff report. On April 11 , 2006, the Poway City Council received a
presentation highlighting potential financial policy areas to be considered for inclusion
in a formal financial policy. At the time, Council directed staff to meet with the Budget
Review Committee to establish a suggested formal policy and return to the City
Council to consider for adoption.
Dee Fleischman, Poway, suggested that information be provided on the website on
CIP projects costs to date.
Motion by Council member Higginson and seconded by Deputy Mayor Rexford close
the public hearing and adopt Resolution No. 06-050 entitled, "A Resolution of the City
Council of the City of Poway, California, Adopting a City of Poway Financial Policy."
Motion carried unanimously.
2. Consideration of Resolutions Approvina Amendments for the City/Aaency
Financial Proaram for Fiscal Years 2005-2006 and 2006-2007. (0430-40)
Mayor/Chair Cafagna opened the public hearing. Director of Administrative
ServiceslTreasurer Tina White presented the staff report. On June 21,2005, the City
Council/Redevelopment Agency approved the FY2005-06 and FY 2006-07 two-year
Financial Program. The Program establishes City operating budgets of $66,019,740
and $67,020,940 respectively and the RedevelopmenUHousing Services operating
budgets of $6,478, 130 and $5,947,150. In addition, the Program funded $686,110 for
City and Redevelopment Agency capital improvement projects and multi-year
programs. The General Fund Budget as adopted was balanced for both fiscal years,
in which revenues exceeded expenditures by $333,234 and $254,023 respectively.
Staff has updated its midyear evaluation for FY 2005-06 and has reviewed the status
for the FY 2006-07 Financial Program for necessary changes that have been identified
since original budget adoption and the midyear review. This report provides the City
and Agency recommended changes as a result of the evaluation.
City Manager Gould, Interim City Attorney Foster, Department Directors White, Clark,
Fritz, and Sanchez, Redevelopment Manager Narevsky and City Clerk Shea provided
an overview of their respective department's goals and objectives for Fiscal Year 2006-
07.
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There was no one from the public wishing to speak.
Motion by Council member/Director Higginson and seconded by Deputy MayorNice
Chair Rexford close the public hearing; adopt Resolution No. 06-051 entitled, "A
Resolution of the City Council of the City of Poway, California, Approving Amendments
to the City's Financial Program for Fiscal Years 2005-2006 and 2006-2007" and
Resolution No. R-06-05 entitled, "A Resolution of the Poway Redevelopment Agency
Approving Amendments to the Agency's Financial Program for Fiscal Year 2005-2006
and 2006-2007." Motion carried unanimously.
3. Ordinance No. 638 - First Reading of an Ordinance Amending the Development
Services Department, Building Division Fee Schedule and Rescinding Ordinance
No. 545. (0490-15)
Mayor Cafagna opened the public hearing. Director of Development Services Niall
Fritz presented the staff report requesting to increase the City's Building Permit and
plan check fees to cover the cost of providing this service to the community. Other
than a minor change to reduce the total permit fee for solar energy system installation
by 25%, the fee schedule has not changed since 1995. This ordinance would be
implemented in two phases. Phase 1 would consist of an initial 20% increase this
year. Phase 2 would consist of updating the building valuation table that will increase
the valuation factor that the fees are based on and automatically become effective
next year. Phase 2 would result in an additional fee increase ranging from 17 - 26%.
At the end of the next year, staff will complete a review of the costs for building
services and the fees being collected, and bring forward any recommended fee
refinements for Council consideration in the following year. Thereafter, the fee
schedule would be reviewed annually and brought back to Council for any necessary
adjustments. The City is in receipt of a letter from the Building Industry Association
indicating they do not oppose the recommended increase.
There was no one from the public wishing to speak on this item.
Motion by Councilmember Emery and seconded by Councilmember Higginson to
introduce Ordinance No. 638 entitled, "An Ordinance of the City of Poway, California,
Amending the Development Services Department, Building Division Fee Schedule and
Rescinding Ordinance No. 545", waive further reading and continue the public hearing
to July 18, 2006 for second reading and adoption. Motion carried unanimously.
4. Ordinance No. 639 - First Reading of an Ordinance to Amend Section 13.11.010
of the Poway Municipal Code, Schedule of Water Service Charges, and
Establishing Water Rates. (0490-15)
Mayor Cafagna opened the public hearing. Director of Administrative Services and
Deputy Director Peter Moote presented the staff report. The City adopts water
charges on a calendar year basis.
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The recommendation is an increase of 5% for water commodity charges. an increase
in bimonthly water service charges ranging from $0.06 to $5.39, no adjustment to the
service fee for posting shut-off notices, and adjustments in water pumping charges
ranging from a decrease of $0.17 per unit of water to an increase of less than $0.02
per unit.
Dee Fleischman, Poway, voiced her concerns about the increase in rates and the
hardship it will impose on fixed income residents.
Motion by Councilmember Emery and seconded by Councilmember Higginson to
introduce Ordinance No. 639 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", waive further reading and continue
the public hearing to July 18, 2006 for second reading and adoption. Motion carried 4-
1 with Deputy Mayor Rexford voting "No."
5. Ordinance No. 640 - First Reading of an Ordinance to Amend Section 13.03.010
of the Poway Municipal Code, Schedule of Sewer Service Charges and
Establishing Sewer Rates. (0490-15)
Mayor Cafagna opened the public hearing. Director of Administrative Services and
Deputy Director Peter Moote presented the staff report. The City adopts sewer
charges on a fiscal year basis. The report recommended an average increase of 8.5%
to single-family, bimonthly sewer rates; and adjustments to the non-
residential/multifamily, bimonthly capacity rates, with new rates ranging from $21.58 to
$937.34 bi-monthly, plus an average adjustment of 7.9% to the non-
residential/multifamily commodity charges.
Dee Fleischman, Poway, voiced her concerns about the increase in rates and the
hardship it will impose on fixed income residents.
Motion by Council member Emery and seconded by Council member Higginson to
introduce Ordinance No. 640 entitled, "An Ordinance of the City of Poway, California,
Amending Section 13.03.010 of the Poway Municipal Code, Schedule of Sewer
Service Charges and Establishing Sewer Rates," waive further reading and continue
the public hearing to July 18, 2006 for second reading and adoption. Motion carried 4-
1 with Deputy Mayor Rexford voting "No."
6. Ordinance No. 641- First Reading ofan Ordinance Extending the Time Limits to
the Redevelopment Plan for the Paguay Redevelopment Project. (0240-30)
Mayor Cafagna opened the public hearing. David Narevsky, Redevelopment
Manager, presented the staff report. The purpose of the extension is to consider a
two-year extension of the Redevelopment Plan to recapture funds required to be paid
to the Educational Revenue Augmentation Fund (ERAF) in Fiscal Years 2004-05 and
2005-06. This action will extend the time limits on the effectiveness of the
Redevelopment Plan and extend the period for payment of indebtedness and receipt
of property taxes by two years.
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There was no one from the public wishing to speak on this item.
Motion by Deputy Mayor Rexford and seconded by Councilmember Higginson to
introduce Ordinance No. 641 entitled, "An Ordinance of the City of Poway, California,
Extending the Time Limits With Respect to the Redevelopment Plan for the Paguay
Redevelopment Project," waive further reading and continue the public hearing to July
18,2006 for second reading and adoption. Motion carried unanimously.
7. Variance 06-04; Ted Neher, Applicant: A request to construct photovoltaic
panels within the required front yard setback of Lot 1 of the Sky Mountain Trails
Subdivision, located at the southern terminus of Welton Lane, APN: 323..Q90-67.
(0200-00)
Mayor Cafagna opened the public hearing and Niall Fritz, Director of Development
Services, presented the staff report. This is a request for a Variance to allow a
proposed solar photovoltaic panel system to have a 25-foot yard setback when a 40-
foot setback is required. This system will be located on Lot 1 of the Sky Mountain
Trails subdivision that is located at the southern terminus of Welton Lane, within the
Rural Residential C (RR-C) zone and the Gate Drive Specific Plan area.
There was no one present from the public wishing to speak on this item.
Motion by Deputy Mayor Rexford and seconded by Council member Emery to close the
public hearing and adopt Planning Resolution P-06-32 entitled, "A Resolution of the
City Council of the City of Poway, California, Approving Variance 06-04 Assessor's
Parcel Number 323-090-67." Motion carried unanimously.
8. Conditional Use Permit 02-08M. Development Review 02-12R. and Variance 06-
05; Reverend Sang Nguyen, Applicant: A request for a two-year extension of a
Conditional Use Permit and Development Review to construct an approximately
2,750-square-foot church building at 13125 Vista View. APNs: 323-261-05,06
and 07. (0210-30)
Mayor Cafagna opened the public hearing and Niall Fritz, Director of Development
Services, presented the staff report. The applicant is requesting an extension of the
permit expiration date by two years for the proposed Vietnamese Alliance Church to be
built at 13125 Vista View Drive, within the Automotive/General Commercial (AlGC) and
Rural Residential C (RR-C) zones. The approval included a Variance to encroach two
feet into the required 10-foot side-yard setback along the north property line. The
current approvals will expire on June 29, 2006. The applicant has made significant
progress in grading, building, and landscape plans, but needs more time to complete
these permit processes. The current development plans are consistent with the
project previously approved by the City Council on June 29, 2004.
There was no one present from the public wishing to speak.
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Motion by Deputy Mayor Rexford and seconded by Councilmember Emery close the
public hearing and adopt Planning Resolution P-06-33 entitled, "A Resolution of the
City Council of the City of Poway, California, Approving Conditional Use Permit 02-
08M, Development Review 02-12R and Variance 06-05 for the Construction of a
Religious Facility APNs: 323-261-05, 06, and 07." Motion carried unanimously.
9. Conditional Use Permit 05-05M and Development Review 05-07R; Ocean Park
Hotels, Applicant: A request for approval of revisions to the site plan and
architecture for a previously approved project consisting of a hotel and a
separate sit-down restaurant on the vacant site located at the northeast corner
of Scripps Poway Parkway and Stowe Drive. APN: 323-481-08. (0210-30)
Mayor Cafagna opened the public hearing and Niall Fritz, Director of Development
Services, presented the staff report. The applicant is requesting approval of changes
to the site plan, floor plans and architectural plans for a hotel and restaurant project
which was previously approved by the City Council under CUP 05-05 and DR 05-07.
The changes were initiated by the applicant in response to their discussions with Hilton
Hotels, the parent company of Hampton I nns. The proposed changes comply with all
City standards.
Alex Gomez, representing Geico, spoke in support of the changes.
Motion by Council member Higginson and seconded by Council member Boyack to
close the public hearing, adopt Planning Resolution P-06-34 entitled, "A Resolution of
the City Council of the City of Poway, California, Approving Conditional Use Permit 05-
05M, Development Review 05-07R, APN: 323-481-08." Motion carried unanimously.
STAFF REPORTS
10. Hillside/RidQeline Minor Development Review Application (MDRA) 06-04; Elwood
and Stephanie Norris, Applicants: A request for approval to construct a 7,065-
square-foot recreation building, with a 7 ,OOO-square-foot tennis court on the roof
of the recreation building, and a 2,254-square-foot carousel building, in
conjunction with a recently rebuilt single-family residence, located at 16101 Blue
Crystal Trails. APN: 321-270-55. (0200-25)
Niall Fritz, Director of Development Services, presented the staff report. The applicant
is requesting approval to construct a 7,065-square-foot recreation building, 7,000-
square foot tennis court on the roof of the recreation building, and a 2,254-square-foot
carousel building in conjunction with a recently rebuilt single-family residence. The
project is located on a 47.26-acre property at 16101 Blue Crystal Trails, within the
Rural Residential A (RR-A) zone.
There was no one present from the public wishing to speak on this item.
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Motion by Council member Higginson and seconded by Deputy Mayor Rexford adopt
Planning Resolution P-06-35 entitled, "A Resolution of the City Council of the City of
Poway, California Approving Minor Development Review Application (MDRA) 06-04
Assessor's Parcel Number 321-270-55." Motion carried unanimously.
10.1 Approval of an Adiustment to EDCO Waste and Recyclina Services' Rate
Schedule Pursuant to the Provisions of the Solid Waste Franchise Agreement
and Rescinding Resolution No. 05-039. (0700-10)
James Howell, Director of Public Works, presented the staff report. Under the City's
exclusive solid waste franchise agreement with EDCO Disposal Corporation, EDCO
pays the City a franchise fee offive percent (5%) of all gross income or gross revenue
received from the collection and disposal of refuse, and five percent (5%) of all gross
income or gross revenue received from the collection and sale of recyclable materials
from the residential and commerciallindustrial sectors. The City's franchise fee has
not been changed since the initial franchise agreement was executed in 1995. The
recommendation to the Council authorizes an increase in the solid waste franchise fee
from five percent (5%) to ten percent (10%) of the gross receipts from the collection
and disposal of refuse or from the collection and sale of recyclable materials earned by
the Contractor under the Franchise Agreement during each fiscal year ending June 30,
that this Agreement is in effect.
There was no one present from the public wishing to speak on this item.
Motion by Councilmember Emery and seconded by Councilmember Higginson to
adopt the Resolution No. 06-052 entitled "A Resolution of the City Council of the City
of Poway, California, Approving an Adjustment to EDCO Waste and Recycling
Services' Rate Schedule Pursuant to the Provisions of the Solid Waste Franchise
Agreement, and Rescinding Resolution No. 05-039." Motion carried unanimously.
CONSENT CALENDAR
Motion by Deputy Mayor Rexford and seconded by Councilmember Higginson to approve the
Consent Calendar, Items 11, 12, and 14 through 23.1, as submitted:
11. Ratification of Warrant Reaisters for the periods of May 15 - 19, 2006 and May
22-26, 2006. (0475-20)
12. Approval of Minutes - City Council
May 2, 2006 Regular Meeting
May 4, 2006 Canceled Adjourned Regular Meeting
May 9, 2006 Regular Meeting
May 16, 2006 Regular Meeting
May 23, 2006 Canceled Regular Meeting
May 30, 2006 Canceled Regular Meeting
June 1, 2006 Canceled Adjourned Regular Meeting
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14. Adoption of Resolution No. 06-053, entitled: "A Resolution ofthe City Council of
the City of Poway, California, Adopting an Appropriations Limit for Fiscal Year
Ending June 30, 2007." (0480-90)
15. Approval of the appropriation of $31,971 from the General Fund for expenses
incurred in the process of emergency planning, of which $31,971 will be repaid
from the State Homeland Security Grant for Fiscal Year 2005. (0490-51)
16. Approval of a Consultina Services Aareement with Caporicci & Larson, Certified
Public Accountants for auditing services. (0700-10)
17. Adoption of Resolution No. 06-054, entitled: " A Resolution ofthe City Council of
the City of Poway, California, Declarina the Intention to Add Liahtina Facilities
and Increase Assessments for 21 Property Owners within the Poway Lighting
District;" and, Resolution No. 06-055, entitled: "A Resolution ofthe City Council
of the City of Poway, California, Declaring the Intention to Add Lighting Facilities
and Increase Assessments for 32 Property Owners within the Poway Lighting
District" increasing the Lighting District Assessments through a Balloted
Approval; and setting the date for a public hearing to be held on August 15,
2006. (0760-30)
18. Approval to waive formal bidding requirements and authorize the purchase of a
sewer cleanina truck from Dion International Trucks, LLC, in the amount of
$286,709.32. (0480-40)
19. Award of Contract to Clean Street for street sweeping services in the amount of
$259,080.64 and authorize the City Manager to execute the necessary
documents. (0700-10)
20. Award of Contract to Truesdail Laboratories in the amount of $77,988.38 for
laboratory services for the City of Poway Water Utilities. (0700-10)
21. Award of Contract to Weed Eliminator. Inc.. for the 2006 Weed and Rubbish
Abatement Contract for three years with the option to renew for two additional
years. (0700-10)
22. Award of Bid to Roy Allan Slurry Seal. Inc., in the amount of $746,118.27 for the
2006-2007 Seal Coat Project (#407-4320), Bid No. 06-012. (0700-10)
23. Award of Contract to URS Corporation for the completion of the emergency
operations plans and the emergency operations center handbook. (0700-10)
23.1 Approval of Aareement for Leaal Services with McDougal, Love, Eckis, Smith,
Boehmer & Foley. (0700-10)
Motion to approve the Consent Calendar carried unanimously.
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CITY MANAGER ITEMS
24. City Manager Gould announced that County Supervisor Dianne Jacob has selected
the City of Poway's proposal for a $10,000 grant through the County's Community
Projects Program to be used for landscaping as part of site improvements at the
Kumeyaay-Ipai Interpretive Center, and extended his thanks to Councilmember Emery
for his work on obtaining the funding.
CITY ATTORNEY ITEMS
25. Termination of Membership on the Poway Housing Commission - Commissioner
Dallas Hayden. (0120-10)
Lisa Foster, Interim City Attorney, presented the staff report. The Housing
Commission Charter authorizes the City Council to remove a Commissioner by
majority vote, with or without cause. Concerns have been raised about Commissioner
Dallas Hayden having conflicts of interest that may disqualify him from participating in
Commission decisions. Concerns have also been raised about Mr. Hayden acting in
an official capacity without proper authorization of the Commission. Mr. Hayden has
not responded to a letter inviting him to provide information to the City to assist in
resolving these issues.
Dallas Hayden, Poway, read a statement rejecting the allegations and asking the City
Council to investigate two conflict of interest allegations cited in the letter.
Motion by Mayor Cafagna and seconded by Councilmember Emery to remove Mr.
Hayden from the Poway Housing Commission. Motion carried unanimously.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
27A. Councilmember Emery requested and received concurrence to direct staff to
investigate means of preserving Native American Sites in Poway. (0270-05)
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 9:30 p.m.
X>rnL~~Cle'k
City of Poway, California
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