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CC 2007 10-09 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING OCTOBER 9, 2007 The October 9, 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, Don Higginson, Betty Rexford, Mickey Cafagna COUNCILMEMBERS ABSENT Bob Emery STAFF MEMBERS PRESENT Penny Riley Assistant City Manager Lisa Foster City Attorney Diane Shea City Clerk Patti Brindle Interim Director of Development Services Robert Clark Director of Community Services Dena Fuentes Director of Redevelopment Services Kevin Haupt Director of Public Works Tina White Director of Administrative Services Mark Sanchez Director of Safety Services Dennis Yoshonis Sheriffs Lieutenant Frank Casteleneto City Engineer Jennifer Lewis Sr. Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Boyack led the pledge of allegiance. CITY COUNCILMEMBER ANNOUNCEMENTS . Poway Bob's Restaurant Review. No review was given, as Councilmember Emery was absent from the meeting. . Deputy Mayor Boyack said she attended the Train Song Festival and thanked staff for an excellent event. . Mayor Cafagna welcomed Boy Scout Troop 686 with seven of its members attending tonight's City Council meeting as part of their work on the Citizen & Community Merit Badge. He also recognized Leader Dennis Shepard. 8938 Page 2 - CITY OF POWAY - October 9,2007 PROCLAMATIONS AND AWARDS . Presentation of Proclamation to Mark Sanchez, Director of Safety Services, declaring October 7 -13, 2007 as Fire Prevention Week. Mayor Cafagna presented Mark Sanchez with the proclamation. . Commendations for Heroic Actions at a Residential Fire in Poway. Mayor Cafagna presented John Horn, Derrick Judge and Harold Million with Certificates of Commendation. Mrs. Horn accepted the certificate on behalf of her husband, John Horn. PRESENTATIONS . Presentation of the City's New Website. Tina White, Director of Administrative Services, announced the launching of the City's new website, www.poway.org, with expanded information and services available to the public. She recognized and thanked the City's Web Committee, made up of employees from every department, for their months of hard work on this project. 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: Ed Carboneau, Poway, spoke on budget spending. PUBLIC HEARINGS 1. Conditional Use Permit 07 -03; Plan Com, Inc. (for T -Mobile): A request to allow the installation of a telecommunications facility on an existing water tank located at 12700 Sagecrest Drive, east of Pomerado Road, in the Planned Community zone. APN: 314-371-21. (0210-30) Patti Brindle, Interim Development Services Director, presented the staff report. This is a request to install a telecommunications facility on an existing water tank located at 12700 Sagecrest Drive, east of Pomerado Road, in the Planned Community zone. This would be the fifth telecommunications facility at this location. The facility will consist of twelve antennas mounted on the exterior of the water tank and ground- mounted equipment in an enclosure. The proposed telecommunications facility will comply with the Federal Communications Commission design and operational standards, and City standards. The following neighbors spoke in opposition of this CU P because of the problems they continue to experience with the existing wireless provider companies at this location: Brad Giles, Poway Monique Belmares, Poway Monte McCullough, Poway 8939 Page 3 - CITY OF POWAY - October 9,2007 Darrell Daugherty, Plan Com, Inc. for T-Mobile, agreed with the City Council's comments. Motion by Deputy Mayor Boyack, seconded by Council member Rexford, to remove this item from the agenda. The City Council directed staff to review the existing Conditional Use Permits with the current operators to determine if CUP conditions are being met and to address the neighbors' complaints including disregard for the neighbors, construction noise during all hours of the day and night, damage to private property, damage to the street, trash being left by workers, and lack of landscaping around the water tower. The current situation is to be resolved before the application from Plan Com, Inc. will be returned to an agenda. Motion carried 4-0 with Councilmember Emery absent. 2. Funding Allocation for FY 2008-09 Community Development Block Grant (CDBG) Program. (0250-10) Dena Fuentes, Director of Redevelopment Services presented the staff report. The City of Poway is awarded an annual allocation of Community Development Block Grant (CDBG) funds from the United States Department of Housing and Urban Development (HUD) through the County of San Diego. It is estimated that the City will be allocated $192,438 in FY 2008-09. The proposed program is to complete the Americans with Disabilities Act (ADA) improvements and support the HomeShare and Community Connections Program and the North County Winter Shelter Program for FY 2008-09. There were no public speakers on this item. Motion by Deputy Mayor Boyack, seconded by Councilmember Higginson, to close the public hearing, approve the proposed FY 2008-09 CDSG program totaling $192,438 in funding projects: (1) ADA Public Facility Improvements ($142,546) including the reallocation of the remaining $5,108 of FY 05/06 ADA Improvement Project funds; (2) Homeshare and Community Connections Program ($42,000); and (3) North County Regional Winter Shelter Program ($13,000); and authorize the City Manager to execute contracts with the County of San Diego. Motion carried 4-0 with Councilmember Emery absent. WORKSHOP ITEM 3. Comprehensive User Fee and Rate Study Results - Presentation by staff and FCS Group regarding User Fees relating to Safety Services. (0700-10) Tina White, Director of Administrative Services, and Kevin Kitch, Safety Services Division Chief, presented the staff report. Since incorporation, most fees have remained unadjusted since their original adoption in the 1980's. In September 2006, the City Council authorized the City Manager to enter into an agreement with FCS Group to perform a Comprehensive Fee and Rate study. The results of the study are being presented to the City Council during three meetings. 8940 Page 4 - CITY OF POWAY - October 9,2007 There were no public speakers. The City Council received the report and provided direction to staff on the proposed cost recovery levels for fire prevention and suppression services, including emergency medical services (EMS) and ambulance services. CONSENT CALENDAR Motion by Councilmember Rexford, seconded by Deputy Mayor Boyack, to approve the Consent Calendar, items 4 - 6.1 as submitted. Motion carried 4-0, with Councilmember Emery absent. 4. Ratification of Warrant ReQister for the period September 10 - 14, 2007. (0475-20) 5. Approval of the Release of GradinQ Securities for Bond #104559259 in the amount of $576,900, and the cash security in the amount of $40,000.00, for the Solara Apartments and Community Road Law Office located at 13406 Community Road; Mary Jane Jagodzinski, Community HousingWorks, Applicant (0810-70) 6. Adoption of Resolution No. 07-075, entitled, "A Resolution ofthe City Council of the City of Poway, California, Supporting the San DieQuito Watershed Manaaement Plan," and the City's utilization ofthe document as a reference and guide for both public and private development projects in the City of Poway. (0870-50) 6.1 Authorization to refund the 1995 Powav Roval Estates Certificates of Participation. Poway Royal Estates is located at 13300 Alpine Drive. APN: 317- 471-09. (0440-10) CITY ATTORNEY ITEMS 8. City Attorney Lisa Foster requested a Closed Session for the following: CLOSED SESSION: A. PUBLIC EMPLOYEE EVALUATION Government Code S54957 Title: City Attorney CLOSED SESSION Mayor Cafagna called for a Closed Session at 8:27 p.m. as requested by the City Attorney. 8941 Page 5 - CITY OF POWAY - October 9,2007 CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 8:37 p.m., with all Councilmembers present, except Councilmember Emery. There was no reportable action taken in Closed Session. Mayor Cafagna adjourned the meeting at 8:38 p.m. X~C~Cle~ City of Poway, California 8942