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CC 2007 06-19 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JUNE 19,2007 The June 19, 2007, Regular Meeting of the City Council of the City of poway was called to order at 7:06 p.m. by Mayor Cafagna at the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT Rod Gould Penny Riley Lisa Foster Diane Shea Niall Fritz Robert Clark Dennis Quillen Dena Fuentes Tina White Mark Sanchez Todd E. Frank Patti Brindle Frank Casteleneto Paolo Romero City Manager Assistant City Manager City Attorney City Clerk Director of Development Services Director of Community Services Deputy Director of Public Works Director of Redevelopment Services Director of Administrative Services Director of Safety Services Sheriff's Captain City Planner City Engineer Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Boyack led the pledge of allegiance. CITY COUNCILMEMBER ANNOUNCEMENTS . Poway Bob's Restaurant Reyiew. Councilmember Emery gave a review of Carver's BBQ, one of the food vendors at the Chamber of Commerce Street Fair event. . Councilmember Rexford attended the Cancer Society's Relay for Life event over the weekend that raised $30,000 in donations. . Deputy Mayor Boyack congratulated all Poway graduates and their parents. . Mayor Cafagna presented a Certificate of Commendation to Eagle Scout Ryan Scott Thompson. . Mayor Cafagna presented a Certificate of Commendation to Eagle Scout Parker Boyack. 8878 Page 2 - CITY OF POWAY - June 19, 2007 PRESENTATIONS . Mayor Cafagna presented Sue Smith, Principal of Valley School, with a Certificate of Commendation. . Representatives from the Poway Community Leadership Institute gaye a presentation on their projects. Deputy Mayor Boyack and Chamber of Commerce Chairman Jeff Figler introduced the program. The following PCLI members gave presentations on behalf of their teams: o Community Pavilion - Blanca Fisher o Character Counts - Barbara Lerma o Town Center Community Link Committee - Janet DiPrenzio o Business Disaster Plan - Gary Rossi o Poway Pride Day - Ted Bauer Chairman Figler presented Deputy Mayor Boyack with a plaque of appreciation for her work with the Poway Community Leadership Institute. 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: Ed Carboneau, Poway, spoke on the Brown Act and communications with speakers at Council meetings. He asked for the appropriate authority for Council to do so. CONTINUED PUBLIC HEARINGS 1. Proposed FY 2007/2008 and FY 2008/2009 Comprehensive Financial Plan and 5- Year Fiscal Forecast for the General Fund. (0430-40) Tina White, Director of Administrative Services, presented the staff report. She provided information on the City's revenues, expenditures and budget history. This is the second and final public hearing scheduled for consideration of the proposed Comprehensive Financial Program for the periods of FY 2007-08 and FY 2008-09. This item was continued from June 12,2007 for further consideration and adoption of resolutions authorizing the Financial Plan. Lee Tartre, Poway, questioned the calculation of the Gann limit appropriation amount and suggested it be confirmed by an independent auditor. 8879 Page 3 - CITY OF POWAY - June 19. 2007 Item 1 continued: Motion by Councilmember Emery, seconded by Councilmember Higginson, to close the public hearing and adopt Resolution No. 07-041, entitled: "A Resolution of the City Council of the City of Poway, California, Approving and Adopting the Annual Budget for Fiscal Years 2007-08 and 2008-09 and Appropriating the Funds Necessary to Meet the Expenditure Set Forth Therein;" adopt Resolution No. R-07-14, entitled: "A Resolution of the Poway Redevelopment Agency Approving and Adopting the Annual Budget for Fiscal Years 2007-08 and 2008-09, Authorizing Loan Payback to the City of Poway from the Community Redevelopment Agency Debt Service Fund. and Authorizing Expenditures Therefrom;" adopt Resolution No. 07-042, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Year-End Budget Amendments for Fiscal Year 2006-2007;" and, adopt Resolution No. R-07-15, entitled: "A Resolution of the Poway Redevelopment Agency Approving Year-End Budget Amendments for Fiscal Year 2006-2007." Motion carried unanimously. PUBLIC HEARINGS 2. Modification to Conditional Use Permit 91-08M(7); Country Montessori School, Applicant. A request to modify a Condition of Approval for the existing Country Montessori School located at 12642 Monte Vista Road, to extend the date for school use to July 1, 2009. APN: 275-460-62 (0210-30) Niall Fritz, Director of Development Services, presented the staff report. Country Montessori School is requesting a modification to its Conditional Use Permit to extend the expiration date for two more years. The School is located at 12642 Monte Vista Road, in the Commercial Office (CO) zone. On June 4, 2002, the City Council approved a modification to Conditional Use Permit 91-08M(3) to increase student enrollment and install a temporary classroom structure. A condition of the modification required that the school develop a business plan by June 4, 2005, for a permanent solution to accommodate the school at build-out or cease its use on the present site. On May 31, 2005, the City Council approved a one-year extension to allow the school more time to identify funding for a plan that would provide a permanent solution to its growth. On June 6, 2006, the City Council approved another one-year extension to allow the school to pursue purchasing a property in Poway identified as a potential new location for their school. The school plans to purchase the property, obtain the required permits, and build a school campus at the new site over the next two years. Staff supports the request for a two-year extension. There were no speakers on this item. Motion by Councilmember Rexford, seconded by Deputy Mayor Boyack, to close the public hearing and adopt Planning Resolution No. P-07-29, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 91- 08M(7), Assessor's Parcel Number 275-460-62." Motion carried unanimously. 8880 Page 4 - CITY OF POWAY - June 19,2007 3. Resolution Establishing Assessments for Poway Landscape Maintenance District 83-1 to be collected on the San Diego County Property Tax Roll for Fiscal Year 2007/2008. (0760-20) The staff report states that the City Council adopted Resolution No. 07-028 at its meeting of April 24, 2007, declaring the intention to levy and collect assessments within LMD 83-1 and set the public hearing for June 19, 2006. Both commercial and residential assessments are proposed to remain unchanged at the Fiscal Year 2006/2007 rates. There were no speakers on this item. Motion by Deputy Mayor Boyack, seconded by Councilmember Emery, to close the public hearing and adopt Resolution No. 07-043, entitled: "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Landscape Maintenance District 83-1 to be Collected on the Property Tax Roll for Fiscal Year 2007/2008." Motion carried 4-1 with Councilmember Rexford voting "no." 4. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-1 to be collected on the San Diego County Property Tax Roll for Fiscal Year 2007/2008. (0760-20) The staff report states that the City Council adopted Resolution No. 07-029 at its meeting of April 24, 2007, declaring the intention to levy and collect assessments within LMD 86-1 and set the public hearing for June 19, 2007. Assessments for residential Zone A are proposed to remain unchanged at the Fiscal Year 2006/2007 rates. Zone B, one non-residential parcel, remains un-assessed as it provides maintenance services for the LMD improvements. There were no speakers on this item. Motion by Deputy Mayor Boyack, seconded by Councilmember Emery, to close the public hearing and adopt Resolution No. 07-044, entitled: "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Landscape Maintenance District 86-1 to be Collected on the Property Tax Roll for Fiscal Year 2007/2008." Motion carried 4-1 with Councilmember Rexford voting "no." 5. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-2 to be collected on the San Diego County Property Tax Roll for Fiscal Year 2007/2008. (0760-20) The staff report states that the City Council adopted Resolution No. 07-030 at its meeting of April 24, 2007, declaring the intention to levy and collect assessments within LMD 86-2 and set the public hearing for June 19, 2007. Assessments for residential Zone A are proposed to remain unchanged at the Fiscal Year 2006/2007 rates. Residential assessments for Zone B are proposed to increase by the property owner approved percentage determined by the average of the San Diego Urban Works and Consumers Cost Index of 3.4 percent (or $0.80 per month) for this fiscal year. 8881 Page 5 - CITY OF POWAY - June 19. 2007 There were no speakers on this item. Motion by Deputy Mayor Boyack, seconded by Councilmember Emery, to close the public hearing and adopt Resolution No. 07-045, entitled: "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Landscape Maintenance District 86-2 to be Collected on the Property Tax Roll for Fiscal Year 2007/2008." Motion carried 4-1 with Councilmember Rexford voting "no." 6. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-3 to be collected on the San Diego County Property Tax Roll for Fiscal Year 2007/2008. (0760-20) The staff report states that the City Council adopted Resolution No. 07-031 at its meeting of April 24, 2007, declaring the intention to levy and collect assessments within LMD 86-3 and set the public hearing for June 19, 2007. Both commercial and residential assessments are proposed to remain unchanged at the Fiscal Year 2006/2007 rates. There were no speakers on this item. Motion by Deputy Mayor Boyack, seconded by Councilmember Emery, to close the public hearing and adopt Resolution No. 07-046, entitled: "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Landscape Maintenance District 86-3 to be Collected on the Property Tax Roll for Fiscal Year 2007/2008." Motion carried 4-1 with Councilmember Rexford voting "no." 7. Resolution Establishing Assessments for Poway Landscape Maintenance District 87 -1 to be collected on the San Diego County Property Tax Roll for Fiscal Year 2007/2008. (0760-20) The staff report states that the City Council adopted Resolution No. 07-032 at its meeting of April 24, 2007, declaring the intention to levy and collect assessments within LMD 87-1 and set the public hearing for June 19, 2007. Both commercial and residential assessments are proposed to remain unchanged at the Fiscal Year 2006/2007 rates. There were no speakers on this item. Motion by Deputy Mayor Boyack, seconded by Councilmember Emery, to close the public hearing and adopt Resolution No. 07-047, entitled: "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Landscape Maintenance District 87-1 to be Collected on the Property Tax Roll for Fiscal Year 2007/2008." Motion carried 4-1 with Councilmember Rexford voting "no." 8882 Page 6 - CITY OF POWAY - June 19,2007 8. Resolution Establishing Assessments for the Poway Liahtina District to be collected on the San Diego Property Tax Roll for Fiscal Year 2007/2008. (0760-30) The staff report states that the City Council adopted Resolution No. 07-033 at its meeting of April 24, 2007, declaring the intention to levy and collect assessments within the City of Poway Lighting District and set the public hearing for June 19, 2007. The Lighting District assessments are proposed to remain unchanged at the Fiscal Year 2006/2007. There were no speakers on this item. Motion by Councilmember Higginson, seconded by Councilmember Rexford, to close the public hearing and adopt Resolution No. 07-048, entitled: "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Lighting District to be Collected on the Property Tax Roll for Fiscal Year 2007/2008." Motion carried unanimously. STAFF REPORTS 9. Proarammina Aareement with the Poway Center for the Performing Arts Foundation for FY 07/08 through FY 08/09. (0700-10) Robert Clark, Director of Community Services, presented the staff report. This is a request to approve the two-year programming agreement with the private non-profit Poway Center for the Performing Arts Foundation. The agreement will be in effect until June 30, 2009. Henry Korn, Executive Director of the Poway Center for the Performing Arts Foundation, gave an overview of upcoming presentations, and thanked the City Council for their support. Motion by Councilmember Higginson, seconded by Deputy Mayor Boyack, authorizing the City Manager to execute the Programming Agreement; authorizing the annual subsidy of $228,300 for FY07/08; and $228,300, plus a CPI increase based upon the 2007 calendar year, for FY 08/09. Motion carried unanimously. WORKSHOP ITEM 10. Town Center- Community Park Master Planning Efforts. (0240-30) Patti Brindle, City Planner, presented the staff report. This is a continuation of the workshop held on May 8, 2007, to discuss the Town Center project. She addressed the community concerns that were raised at the last workshop and provided information on the planning efforts that will be undertaken to renovate Community Park, including development of design options to reduce floodway impacts from Rattlesnake Creek, and completion of an update of the Master Plan for Community Park. 8883 Page 7 - CITY OF POWA Y - June 19, 2007 Councilmember Higginson left the dais and Council Chambers at 8:22 p.m. Dee Fleischman, Poway, spoke on her visits to several town center areas in the Midwest, and questioned use of general fund revenues on the Town Center project. Val Derkach, Poway, described his experience living adjacent to Creekside Towne Center shopping area, and suggested widening Poway Road instead of putting in more businesses. The City Council received the presentation and did not provide any additional direction to staff. CONSENT CALENDAR Motion by Deputy Mayor Boyack, seconded by Councilmember Higginson, to approve the Consent Calendar, Items 11-27, as submitted, with the exception of items 16 and 19 which were removed at the request of a member of the public. Motion carried unanimously. 11. Ratification of Warrant Reaister for the period May 21 - May 25, 2007. (0475-20) 12. Adoption of Resolution No. 07-049, entitled: "A Resolution of the City Council of the City of Poway, California, Commendina Eaale Scout Ryan Scott Thompson." (0710-40) 13. Approval of Appropriation in the amount of $21,124 from the California Law Enforcement Equipment Program (CLEEP) Account, Fund 256, to replace the Knox Rapid Entrv System equipment throughout the City to provide rapid access to Fire and Law Enforcement personnel. (0490-51) 14. Approval of Appropriation in the amount of $28,130 from the California Law Enforcement Equipment Program (CLEEP) Account, Fund 256, for the purchase radar units for the Poway Sheriff's Department. (0490-51) 15. Approval of Standard Agreements for Renewal of Contracts for Fire Inspector Services with Michael Chillinsky and Patti Daul. (0700-10) 16. Approval of the Comprehensive Annual Financial Report - FY 2005-06. (0410-10) This item was removed from the Consent Calendar at the request of a member of the public, who decided not to address the Council when called. Motion by Councilmember Rexford, seconded by Deputy Mayor Boyack, to accept and file the report as submitted. Motion carried 4-0 with Councilmember Higginson absent. 17. Approval of Insurance Broker Aareement with Willis Insurance Services to provide insurance brokerage service. (0700-10) 8884 Page 8 - CITY OF POWAY - June 19. 2007 18. Adoption of Resolution No. 07-050, entitled: "A Resolution ofthe City Council of the City of Poway, California, Commending Girl Scout Gold Award Recipient Hannah Stern;" and adoption of Resolution No. 07-051, entitled: "A Resolution of the City Council of the City of Poway, California, Commending Girl Scout Gold Award Recipient Emily Anne VanDerhoff." (0710-40) 19. Adoption of Resolution No. 07-052, entitled: "A Resolution ofthe City Council of the City of Poway, California, Adopting an Appropriations Limit for Fiscal Year Ending June 30, 2008." (0480-90) This item was removed from the Consent Calendar at the request of a member of the public. She addressed the Council on this item during her comments made on Item 1 of the agenda. Motion by Councilmember Rexford, seconded by Deputy Mayor Boyack, to adopt the resolution as submitted. Motion carried 4-0 with Councilmember Higginson absent. 20. Approval to Escheat Money in Treasury as requested by staff. (0475-20) 21. Approval of Final Map for Tentative Tract Map (TTM) 05-02 for the property located at the end of the "T" intersection of York Avenue and Norwalk Street; accept an easement for public roadway purposes over that portion of Norwalk Street as shown on TM 05-02; accept on behalf of the City the exclusive easementfor water and sewer over, upon, across and under the private street as shown on TM 05-02; and waive condition H.15 from Resolution No. P-06-54 that requires this property to annex into Poway Landscape Maintenance District No. 83-1. Norwalk VII LLC, Owner. APN: 314-194-62. (0200-60) 22. Adoption of Resolution No. 07-053, entitled: "A Resolution ofthe City Council of the City of Poway, California, Commendina Eaale Scout Mark Greggory Edstrom." (0710-40) 23. Approval of Consultant Aareement with Kimley-Horn and Associates, Inc., for as- needed traffic engineering design services for the period June 19, 2007 through June 19, 2008. Continued to July 10, 2007 to allow for further negotiations. (0700-10) 24. Approval of Consultant Aareement with Nolte Associates, Inc.. for as-needed engineering design services for the period June 19, 2007 through June 19, 2008. Continued to July 10, 2007 to allow for further negotiations. (0700-10) 25. Acceptance of the Fire Trainina Tower (#5542) located at 12325 Crosthwaite Circle from HAR Construction. (0700-10) 26. Approval of Consultant Aareement with Boyle Enaineerina for engineering design services for the Espola Road Pipeline Project (CIP #5716). (Continued from June 5, 2007, Item #14) (0700-10) 8885 Page 9 - CITY OF POWAY - June 19, 2007 27. Approyal of Consultant Aareement with Nolte Associates. Inc. for engineering design services for the Rattlesnake Creek Channel Improvements Study within the Town Center Site Project (CIP #5288). (0700-10) ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:55 p.m. 0~~ L. Diane Shea, City Clerk City of Poway, California 8886