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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: 8678 Page 2 - CITY OF POWAY - July 18, 2006 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) 8679 Page 3 - CITY OF POWAY - July 18, 2006 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. 8680 Page 4 - CITY OF POWAY - July 18, 2006 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. 8681 Page 5 - CITY OF POW A Y - July 18, 2006 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) 8682 Page 6 - CITY OF POWAY - July 18, 2006 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) 8683 Page 7 - CITY OF POWAY - July 18, 2006 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. 8684 Page 8 - CITY OF POWAY - July 18, 2006 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. 8685 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 8686