CC 2006 07-18
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JULY 18, 2006
The July 18, 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
Lisa A, Foster
Diane Shea
Robert Clark
Niall Fritz
Dena Fuentes
Jim Howell
Tina White
Mark Sanchez
Charlie Campe
Kristen Crane
Paolo Romero
City Manager
Interim City Attorney
City Clerk
Director of Community Services
Director of Development Services
Director of Redevelopment Services
Director of Public Works
Director of Administrative Services
Director of Safety Services
Sheriff's Captain
Assistant to the City Manager
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the pledge of allegiance,
CITY COUNCILMEMBER ANNOUNCEMENTS
A, Council member Emery gave a restaurant review on It's a Grind coffee shop on Poway
Road who had its grand opening on June 30th and noted it has excellent coffee.
Council member Boyack urged Powegians to contact the Chamber of Commerce to enroll in
the Poway Leadership Institute. She acknowledged that she supports the telephone "211"
program that provides information on social services in the community.
Deputy Mayor Rexford commented on the excellent fireworks program at Old Poway Park on
the 4th of July.
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 person spoke:
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Ed Carboneau, Poway, considers meetings that the City Manager has with individual
Councilmembers the days preceding a City Council meeting to be a violation of the Brown
Act.
PUBLIC HEARINGS
1. Ordinance No. 638 - Second Reading, entitled: "An Ordinance of the City of
Poway, California, Amending the Development Services Department, Building
Division Fee Schedule and Rescinding Ordinance No. 545." Continued from
June 20, 2006, Item #3. (0490-15)
City Clerk Diane Shea presented the staff report. The City Council introduced this
ordinance at a public hearing at the June 20, 2006 City Council meeting. There was no
public testimony offered at that time.
There was no one present wishing to speak.
Motion by Councilmember Higginson and seconded by Deputy Mayor Rexford to close
the public hearing, waive further reading and adopt Ordinance 638 entitled, "An
Ordinance of the City of Poway, California, Amending the Development Services
Department, Building Division Fee Schedule and Rescinding Ordinance No. 545."
Motion carried unanimously by roll call vote.
2. Ordinance No. 639 - Second Reading, 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." Continued
from June 20, 2006, Item #4. (0490-15)
City Clerk Diane Shea presented the staff report. The City Council introduced this
ordinance at a public hearing at the June 20, 2006 City Council meeting. Public
testimony was received from one individual at that time
Dee Fleischman, Poway, asked the City Council to revisit the discussions on the tier
for low income and senior ratepayers.
Motion by Council member Boyack and seconded by Councilmember Higginson to
close the public hearing, waive further reading and adopt Ordinance 639 entitled "An
Ordinance of the City of Poway, California, Amending Section 13.11.010 oflhe Poway
Municipal Code, Schedule of Water Service Charges, and Establishing Water Rates."
Motion carried 4-1 by a roll call vote with Deputy Mayor Rexford voting "no."
3. Ordinance No. 640 - Second Reading, 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." Continued
from June 20, 2006, Item #5. (0490-15)
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City Clerk Diane Shea presented the staff report. The City Council introduced this
ordinance at a public hearing at the June 20, 2006 City Council meeting. Public
testimony was received from one individual at that time.
Dee Fleischman, Poway, asked the City Council to revisit discussions on the tier for
low income and senior ratepayers.
Motion by Councilmember Higginson and seconded by Council member Emery to close
the public hearing, waive further reading and adopt Ordinance 640 entitled "An
Ordinance of the City of Poway, California, Amending Section 13.11.010 oflhe Poway
Municipal Code, Schedule of Water Service Charges, and Establishing Water Rates."
Motion carried 4-1 by roll call vote with Deputy Mayor Rexford voting "no."
4. Ordinance No. 641 - Second Reading, entitled: "An Ordinance of the City of
Poway, California, Extending the Time Limits With Respect to the
Redevelopment Plan for the Paguay Redevelopment Project." Continued from
June 20, 2006, Item #6. (0240-30)
City Clerk Diane Shea presented the staff report. The City Council introduced this
ordinance at a public hearing at the June 20, 2006 City Council meeting. No public
testimony was offered at that time.
Connie Messina, Poway, asked for clarification of the time extension.
Motion by Councilmember Emery and seconded by Councilmember Boyack to close
the public hearing, waive further reading and adopt 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." Motion carried
unanimously by a roll call vote.
PUBLIC HEARINGS
5. Ordinance No. 642 - First Reading, entitled: "An Ordinance ofthe City of Poway,
California, Adding Section 17.26.400 to the Poway Municipal Code to Add an
Appeal Provision to the City's Inclusionary Housing Requirements." (0260-90)
Interim City Attorney Lisa foster presented the staff report. This amendment adds an
appeal provision to the City's Inclusionary Housing Ordinance, allowing developers to
seek a waiver or reduction of the requirement to set aside units as affordable, or pay
an in-lieu fee. In order to seek a waiver or reduction, a developer would have to
present substantial evidence that there is no reasonable relationship between the
development and the inclusionary requirements. This amendment is necessary
because California courts have recently ruled that inclusionary housing ordinances
must have such a waiver provision in order to be constitutional.
There was no one from the public present wishing to speak.
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Motion by Council member Emery and seconded by Council member Higginson to
introduce Ordinance No. 642 on first reading, and continue the public hearing to
August 1, 2006 for second reading and adoption. Motion carried unanimously.
6. Report of 2005 Weed and Nuisance Abatement Charaes to be Collected on the
County Tax Assessor's Roll for Fiscal Year 2006-2007. (0490-76)
Niall Fritz, Director of Development Services, presented the staff report. Each year
monies are budgeted for weed and nuisance abatement, including illegal dumping and
encampments. Property owners are notified that all abatement costs incurred by the
City will be assessed on the tax rolls, in addition to a $60 administrative fee per case.
There was no one from the public wishing so speak.
Motion by Deputy Mayor Rexford and seconded by Council member Boyack to close
the public hearing and adopt Resolution No. 06-056 entitled "A Resolution of the City
Council of the City of Poway, California, Approving the Report of 2005 Weed and
Nuisance Abatement Charges to be Collected on the County Tax Assessor's Roll for
Fiscal Year 2006-2007." Motion carried unanimously.
STAFF REPORTS
7.
City of Poway Historical Marker Proaram.
(0270-80)
Deputy Mayor Rexford disqualified herself from participating on this item as there may
be a house near her home that could be considered for a historical marker.
Robert Clark, Director of Community Services, provided the staff report.
Council member Boyack has proposed a concept of placing historical markers in the
City of Poway. Staff has investigated the feasibility of implementing such. The
detailed actions and fiscal impacts were detailed in the staff report.
There was no one from the public wishing to speak.
Motion by Council member Boyack and seconded by Council member Emery to direct
staff to proceed with the project with a projected cost of $5,750 for the design,
fabrication and installation of the markers. Motion carried 4-0 with Deputy Mayor
Rexford disqualifying herself.
8.
Adoption of 2006 Leaislative Priorities.
(0740-90)
Kristen Crane, Assistant to the City Manager, presented the staff report. As directed
by the City Council, staff monitors pending State and Federal Legislation. Throughout
the legislative session, staff brings bills of particular interest to the City of Poway to the
City Council for consideration of a formal position. Once a position is adopted, staff
advocates on behalf of the City to members of the California State Legislature,
Governor, and/or members of Congress. The legislative process sometimes requires
immediate action to effectively communicate the City's position. Established
Legislative Priorities would provide guidelines for legislative advocacy efforts and
enable staff to advocate on behalf of the City in the timeliest manner possible.
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Councilmember Boyack asked that the priorities be amended to add, "Support
legislation allowing cities to meet their fair housing requirements on a regional planning
basis."
Motion by Council member Emery seconded by Councilmember Higginson to adopt
Resolution No. 06-057 entitled, "A Resolution of the City Council of the City of Poway,
California, Adopting the 2006 City of Poway Legislative Priorities" as amended adding
"Support legislation allowing cities to meet their fair housing requirements on a regional
planning basis" to the Legislative Priorities. Motion carried unanimously.
9. Consideration of Approval of Appropriation for the City of Poway Capital
Improvement Program - Oak Knoll Roadwav Improvement Proiects. (0200-90)
Niall Fritz, Director of Development Services, and Frank Casteleneto, City Engineer,
presented the staff report. The Oak Knoll Roadway Corridor Improvement Projects
consists of three separate projects that would be executed together to install a sewer
main replacement, curbs, gutters, sidewalks, street lighting, street landscaping, provide
additional parking and overlaid street paving.
Connie Messina, Poway, suggested this should be considered a redevelopment
project and should be considered a priority. She would also like to see the City pursue
the Harmon property for a public park.
Motion by Councilmember Boyack and seconded by Councilmember Emery to (1)
appropriate $400,000 from the unappropriated sewer fund balance to fund the design
portion of the Oak Knoll Sewer Improvement projects; (2) direct staff to commence the
design portions of the Oak Knoll Sewer Improvement projects; (3) direct staff to
analyze ways and means of meeting the recreational needs of the Oak Knoll
neighborhood, and (4) direct staff to conduct public outreach to involve affected
residents and businesses in the design of these projects. Motion carried unanimously.
CONSENT CALENDAR
Deputy Mayor Rexford removed item 23 from the Consent Calendar for discussion.
Motion by Councilmember Higginson and seconded by Deputy Mayor Rexford to approve the
Consent Calendar consisting of Items 10-11, 13-22, and 24 through 26.1 as submitted.
10. Ratification of Warrant Reaisters for the periods of May 29 - June 2, 2006, June
5-9,2006, June 12-16, 2006 and June 19-23, 2006. (0475-20)
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11. Approval of Minutes - City Council
June 6, 2006 Regular Meeting
June 13, 2006 Regular Meeting
June 20, 2006 Regular Meeting
June 27, 2006 Canceled Regular Meeting
July 4, 2006 Canceled Regular Meeting
July 6, 2006 Canceled Adjourned Regular Meeting
July 11, 2006 Canceled Regular Meeting
13. Approval of Citv's Investment Report as of May 31, 2006.
(0450-80)
14. Execution of Standard Agreement for Renewal of Contracts for Fire Inspector
Services with Michael Chillinsky and Patti Daul. (0700-10)
15. Approval of Designation of Votina Deleaate for Leaaue of California Cities
Annual Conference to be held in San Diego from September 6-9,2006. (0710-60)
16. Rejection of Claim for Damage - Mark and Michelle Kadden.
(0190-10)
17. Adoption of Resolution No. 06-058, entitled: "A Resolution ofthe City Council of
the City of Poway, California, Establishina a Policv to Deleaate Rejection of Tort
Claims to the Director of Administrative Services as Authorized by Government
Code Section 935.4. (0190-90)
18. Adoption of Resolution No. 06-059, entitled: "A Resolution ofthe City Council of
the City of Poway, California, Orderina the Summarv Vacation of an Irrevocable
Offer to Dedicate Real Property (V AC 06-02) on Monte Vista Road." The property
is located at 12708 Monte Vista Road. APN: 275-460-64. (0780-60)
19. Acceptance of Task 11 of the Demolition of Residential and Other Miscellaneous
Structures and Hazardous Materials Abatement As-Needed Services Project from
Clauss Construction. (0700-10)
20. Adoption of Resolution No. 06-060, entitled: "A Resolution ofthe City Council of
the City of Poway, California, Desianatina Votina Deleaate and Alternates to the
California Joint Powers Insurance Authoritv (CJPIA) and Rescinding Resolution
No. 06-001." (0140-10)
21. Acceptance ofthe 2004-2005 Overlav Project (#407-4320) from Daley-CCAV, J.V.
(0700-10)
22. Adoption of Resolution No. P-06-36, entitled: "A Resolution of the City Council
of the City of Poway, California, Approving Comprehensive Sian Proaram 06-02
Assessor's Parcel Number 320-220-19" for the properties located at 11860, 11870
and 11880 Community Road. Applicant: Integrated Sign Associates. APN: 320-
220-19. (0280-20)
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23. Acceptance of the Auto Unloadina Facilitv and Vehicle Staging Facility (#5913)
from T.B. Penick & Sons, Inc. (0700-10)
This item was removed from the Consent Calendar for discussion by Deputy Mayor
Rexford. Motion by Deputy Mayor Rexford and seconded by Council member Boyack
to accept the project, authorize the City Clerk to file and record a Notice of Completion
and authorize the release of the retention in the amount of $84,768.62, if
unencumbered 45 days after filing of the Notice of Completion. Motion carried
unanimously.
24. Approval of First Amendment to the City of Poway Animal Control Services
Aareement with the Escondido Humane Society. (0700-10)
25. Award of Aareement to Tracer Environmental Sciences & Technoloaies for
Environmental Advisory Services in the amount of $11 ,600. (0700-10)
26. Approval of Leaislative Status Report.
(0740-55)
26.1 Approval of position on Pendina Leaislation: Support - AB 1688 (Niello) Illegal
Dumping enforcement Officers; AB 2202 (Saldana) Hazardous Waste: Electronic
Devices; AB 2591 (Keene) State Agencies: Accounts: Reports; AB 3056
(Hancock) Beverage Containers: Quality Incentive Payments: Refund Values;
Oppose - AB 573 (Wolk) Design Professionals: Indemnity; SB 412 (Figueroa)
Massage Therapy; SB 1800 (Ducheny) General Plans: Housing. (0740-55)
Motion carried unanimously to approve items 10-11, 13-22, and 24 through 26.1 as
submitted.
WORKSHOP ITEM
27. Powav Fine Arts Education Center Options.
(0620-40)
City Manager Gould presented the staff report. The concept of a community art gallery
was included as a potential project as part of the 1993 Paguay Redevelopment Project
Areas Proposed Public Improvement Projects, and in March 2001, the City Council
added a Fine Arts Education Center in Old Poway to the City Council's Goals and
Objectives. For the past five years, work has been completed to design a Poway Fine
Arts Education Center to house a community gallery, traveling exhibits and
classrooms.
The City/Agency has allocated over $5 million in funds toward the project and cannot
fully fund the estimated $13,461,671 at this time. Therefore, the City Council
determined that a capital fundraising campaign to raise $8.3 million in a public/private
partnership would be needed to build the center. The City retained Missionmapping
to complete a study to determine the community financial support of the Fine Arts
Center. The study concluded that a fund raising campaign for $8.3 million will not be
successful.
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The report indicates a strong support for arts education programming and little for a
dedicated fine arts facility. The consultant recommended the City emphasize arts
education programming at existing facilities rather than constructing a new building.
In view of the consultant's findings of limited community support for the capital
campaign, City Manager Gould provided a cursory review of eight (8) options for the
Poway Fine Arts Education Center:
1. Build on proposed site and appropriate balance of funds from City reserves.
2. Use the existing funding for a smaller project.
3. Utilize the Big Stone Lodge for the Fine Arts Education Center location.
4. Develop an arts facility at Poway Community Park.
5. Develop an arts facility as a joint-use facility with Poway Unified School District.
6. Develop an arts facility as part of the Brighton Affordable Housing
Development.
7. Develop and expand arts programs (no facility).
8. Take no action at this time.
The following members of the public spoke on this item:
Connie Messina, Poway, recommended to include an arts center in the Kumeyaay-Ipai
Interpretive Center as part of the revitalization of the Oak Knoll area.
Doris Bertch, representing Rancho Bernardo Arts Association, North County Society Fine
Arts, and Escondido Art Partnership, supports option #2, with ability to add-on later.
Janet Perkin, representing Rancho Bernardo Arts Association, North County Society Fine
Arts, and Escondido Art Partnership, supports option #2.
Harry Crossley, Community Fine Arts Advisory Committee (CFAAC), supports option #2.
Barbara Crossley, on CFAAC Committee, supports options #1 and 2, and provided the
Council with information on alternative methods of building.
Valerie Raymond, Poway, asked for objective costs analysis and supports option #2.
Roger Covalt, Poway, supports option #2 citing the benefits of the Old Poway Park location.
Lynette Perke, Poway, supports use of space at the Poway Center of Performing Arts.
Ed Carboneau, Poway, objects to the project because there is already too much traffic.
Dee Fleischman, Poway, questioned accuracy of the report. She supports option #2
Patricia Kent, Chair of CFAAC, does not support shared use of facilities; does supports option
#2.
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Page 9 - CITY OF POWAY - July 18, 2006
Carol Schwarzman, Chair of CFAAC, supports option #2 and allow for future expansion.
Paul Rexford, Poway, supports option #2.
Kevin McNamara, Budget Committee member, stated the City cannot afford the original
project at Old Poway Park; supports #5 for joint use with school district; likes the idea
of redevelopment of Community Park; and supports exploration of #6 for shared-use in
Brighton Development.
The City Council gave concurrence of the following direction to the City Manager:
. There is a strong direction for staff to engage in negotiations with Poway Unified
School District (PUSD) for a joint facility in the Business Park and asked staff to bring
back the results of the negotiations for City Council consideration.
. There is some interest to explore options with the Brighton Affordable Housing
development.
. There is some interest in a stand-alone project in Old Poway Park with another
partner.
. There is some interest in looking into the future in the Community Park.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
30. Deputy Mayor Rexford inquired why there are "No Parking" signs around the park at
Kirkham and Stowe Drive. She also inquired why cars were allowed to park on the
walking path on Creek Road.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 9:55 p.m. in memory of Wendell Cutting, Duncan
Hunter's District Chief of Staff; and Joe Zaslow, a long-time Poway resident.
0'~~i;:.E~ Cle,'
City of Poway, California
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