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.
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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.
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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.
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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.
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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."
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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.
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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)
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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)
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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
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