CC 2007 10-02
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
OCTOBER 2, 2007
The October 2, 2007, Regular Meeting of the City Council of the City of Poway was called to
order at 7:05 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 City Manager
Penny Riley Assistant City Manager
Diane Shea City Clerk
Frank Casteleneto City Engineer
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 Sheriff's Lieutenant
Kristen Crane Water Conservation Administrator
Jennifer Lewis Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Boyack led the pledge of allegiance.
CITY COUNCILMEMBER ANNOUNCEMENTS
. Poway Bob's Restaurant Review. Councilmember Emery gave a review of Chipotle
Restaurant located at 13495 Poway Road.
. Councilmember Emery reported he had attended the "Rendezvous in Poway 2007"
event on September 21, 2007, at Old Poway Park.
. Deputy Mayor Boyack announced the 2nd year of the Poway Community Leadership
Institute begins on October 3,2007, with 17 participants.
PROCLAMATIONS AND AWARDS
. Presentation of a Proclamation to Donna Goldsmith, Revenue and Business
Activity Manager, declaring the week of October 1-5, 2007, as "Customer
Services Week in the City of Po way." Mayor Cafagna presented Donna Goldsmith,
Revenue and Business Activity Manager, with the proclamation.
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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:
Connie Messina, Poway, announced October 5th as World Animal Day and asked the City to
forgo its fireworks shows in 2008 because of its negative impacts on animals, and asked that
the money saved be donated to the local humane society.
Val Derkach, Poway, spoke on Haley Ranch maintenance workers stirring up dirt and dust
with their leaf blowers numerous times recently and submitted video recordings of this activity
to staff.
Diane Armstrong, Poway, disagreed with information contained in correspondence she
received from the City Attorney referring to the location of a trail and Ms. Armstrong's
property, and asked that the Council direct the record be corrected.
The following people spoke opposing Sportsplex USA replacing the roller hockey rink for a
soccer field, and expressed the need for a roller hockey facility in Poway:
Jon Richard, Poway
Sidney Brooks, Poway
Gary Stuebler, Poway
William Morrison, San Diego
Richard Wojtczak, San Diego
Robert Gauthier, San Diego
Michael Crofts, Poway
Bob Bush, poway
Rob Garry, Poway
Cheryl Bostater, San Diego
Gabriela Gilmour, San Diego
Robert Gilmour, San Diego
Rob Panciera, Poway
CONTINUED PUBLIC HEARINGS
1. Ordinance No. 659 - Second Reading, entitled: "An Ordinance of the City of
Poway, California, Amending Chapter 8.68 of the Poway Municipal Code
Concerning Solid Waste Management." (Continued from September 4,2007,
Item #1 and September 18,2007 Item #1) (0380-90)
On September 4, 2007, the City Council introduced and held the first reading of
Ordinance No. 659 entitled, "An Ordinance of the City of Poway, California, Amending
Chapter 8.68 of the Poway Municipal Code Concerning Solid Waste Management."
Councilmembers Emery and Rexford were absent at the first reading. There was no
public testimony received at that hearing.
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After the introduction of the Ordinance on September 4, 2007, the City's consultant
performing the National Pollutant Discharge Elimination System (NPDES) fee study
recommended a minor change to the Ordinance. This recommended change adds
"pollutants" to the existing definition of "Solid Waste" in the Ordinance. Due to the
changes, the Ordinance was reintroduced at the meeting of September 18, 2007. All
Councilmembers were present and there was no public testimony.
There were no public speakers on this item.
Motion by Councilmember Higginson, seconded by Deputy Mayor Boyack, to close the
public hearing, waive further reading, and adopt Ordinance No. 659. Motion carried 5-
o by a roll call vote.
2. Ordinance No. 660 - Second Reading, entitled: "An Ordinance of the City of
Poway, California, Amending Title 5 of the Poway Municipal Code, Concerning
Regulation of State Video Franchise Holders and Amending Section 17.52.050
related to Development Review." (Continued from September 18,2007, Item #2)
(0900-10)
On September 18, 2007, the City Council introduced and held the first reading of
Ordinance No. 660 entitled, "An Ordinance of the City of Poway, California, Amending
Title 5 of the Poway Municipal Code, Concerning Regulation of State Video Franchise
Holders and Amending Section 17.52.050 related to Development Review." In
addition, the City Council adopted Resolution No. P-07-46 approving the Guidelines for
the Placement or Utility Facilities in the Public Rights-or-Way as amended. All
Councilmembers were present. Public testimony was received from two (2) people.
There were no public speakers on this item.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the
public hearing, waive further reading and adopt Ordinance No. 660. Motion carried 5-0
by a roll call vote.
3. Ordinance No. 661 - Second Reading, entitled: "An Ordinance of the City of
Poway, California, Amending Portions of Title 17 of the Poway Municipal Code
Pertaining to Special Promotional Parking Lot Sale Events (Zoning Ordinance
No. 07-04)." (Continued from September 18,2007, Item #3) (0210-80)
On September 18, 2007 the City Council introduced and held the first reading of
Ordinance No. 661 entitled, "An Ordinance of the City of Poway, California, Amending
Portions of Title 17 of the Poway Municipal Code Pertaining to Special Promotional
Parking Lot Sale Events (Zoning Ordinance No. 07-04)." All Councilmembers were
present. There was no public testimony.
There were no public speakers on this item.
Motion by Councilmember Rexford, seconded by Deputy Mayor Boyack, to close the
public hearing, waive further reading, and adopt Ordinance No. 661. Motion carried 5-
o by a roll call vote.
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4. Ordinance No. 662 -Second Reading, entitled: "An Ordinance of the City of
Poway, California, Amending Sections 17.10.060 and 17.42.030 of the Poway
Municipal Code Concerning Physical Fitness Centers (Zoning Ordinance
Amendment 07-05)." (Continued from September 18,2007, Item #4) (0210-80)
On September 18, 2007, the City Council introduced and held the first reading of
Ordinance No. 662 entitled, "An Ordinance of the City of Poway, California, Amending
Sections 17.10.060 and 17.42.030 of the Poway Municipal Code Concerning Physical
Fitness Centers (Zoning Ordinance No. 07-05)." All Councilmembers were present.
There was no public testimony.
There were no public speakers on this item.
Motion by Councilmember Higginson, seconded by Councilmember Emery, to close
the public hearing, waive further reading, and adopt Ordinance No. 662. Motion
carried 5-0 by a roll call vote.
WORKSHOP ITEMS
6. Update on the Low/Moderate Housina Fund Capital Plan. (0260-90)
Dena Fuentes, Director of Redevelopment Services, presented the staff report.
Twenty percent of the revenue received by Poway's Redevelopment Agency is
deposited into the Low and Moderate Income Housing Fund. The funds must be spent
on affordable housing projects and programs. Based on the projected capital needs
for the upcoming five-year period, opportunities for funding future affordable housing
projects and programs will be discussed.
There were no public speakers on this item.
The City Council received the presentation and provided feedback to staff. No action
was taken.
7. User Fee Study - Presentation by staff and FCS Group regarding User Fees
relating to Community Services and Administrative Services. (0700-10)
Tina White, Director of Administrative Services; Donna Goldsmith, Manager of
Revenue and Business Activity Manager; and Leslie Hoffman, Management Analyst,
presented the staff report. Since incorporation, some fees for City services have been
periodically updated on a department-by-department basis. However, in most
instances, fees have remained unadjusted since their original adoption in the 1980's.
In September 2006, City Council authorized the City Manager to enter into an
agreement with FCS Group to perform a Comprehensive Fee and Rate Study.
Peter Moy, Principal of FCS Group, presented the results of this study, including the
methodologies used to determine costs and cost-recovery levels.
Joye Davisson, Poway, requested that the Library meeting room be removed from
the fee schedule list.
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Wendy Rios, Friends of Poway Library, requested that the Library meeting room be
removed from the fee schedule list.
The City Council received the FCS Group report and staff presentations, and provided
feedback to staff, including asking the Parks and Recreation Advisory Committee to
review the policy on charging for sports fields.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Deputy Mayor Boyack, to approve the
Consent Calendar, Items 8, 9, 11-16 as submitted. Motion carried unanimously.
8. Ratification of Warrant Reaister for the periods August 27 through August 31,
2007 and September 3 through September 7,2007. (0475-20)
9. Approval of Minutes - City Council
September 11, 2007 Regular Meeting
11. Approval of Consultant Aareement with PBS&J for Engineering Design services
for the Boca Raton Reservoir Upgrades Project located at 17301 Butterfield Trail
and the Skyridge Reservoir Upgrades Project located at 15223 Skyridge Road
(CIP #1742) in an amount not to exceed $92,645, for the period of October 2, 2007
through October 2, 2008. (0700-10)
12. Acceptance of the Poway Center for the Performina Arts Exterior Paintina
Project from Mear Construction, Inc; authorize the City Clerk to record the Notice
of Completion; release the Public Work Bond and Material and Labor/Public
Work Bond for Faithful Performance in the amount of $49,850; and authorize the
release of the retention in the amount of $4,985, if unencumbered, 45 days after
filing the Notice of Completion. (0700-10)
13. Adoption of Resolution No. 07-074, entitled: "A Resolution of the City Council of
the City of Poway, California, Ordering the Expansion of Poway Landscape
Maintenance District 86-1 with the Annexation of APNs 277-070-33, 277-080-03
and 277-080-22 with written Consent to the Property Owners Edward C. and
Barbara J. Malone as Described within Exhibit "A" Attached Hereto." (0760-30)
14. Approval of Class Specification and Salary Ranae for the position of Water
Conservation Administrator. (0510-20)
15. Adoption of a Resolution entitled: "A Resolution of the City Council of the City
of Poway, California, Approving Temporary Use Permit 07 -67 to Hold the Annual
Train Song Festival" on October 6,2007 at Old Poway Park, located at 14134
Midland Road. APN: 314-202-19. (This item was removed from the agenda)
(0210-60)
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16. Award of Bid to Tri-Group Construction and Development. Inc., in the amount of
$68,520 for the Pomerado Road Transit Stop Turnout and Shelter Project (CIP
#1239) Bid No. 08-001. (0700-10)
CITY MANAGER ITEMS
Mr. Gould introduced Jennifer Lewis who has joined the City of Poway as a Senior
Management Analyst in the City Manager's Office.
CITY ATTORNEY ITEMS
17. At the request of City Attorney Foster, who was unable to attend the meeting, City
Manager Gould requested a Closed Session for the following:
A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code S54956.8
Property: Poway Royal Mobilehome Park, 13300 Alpine Dr.,
Poway
Agency Negotiator: Rod Gould, on behalf of the Poway Redevelopment.
Agency
Negotiating Party: Wakeland Housing Corporation
Under Negotiation: Terms and price
CLOSED SESSION
Mayor Cafagna called for a Closed Session at 9:45 p.m. as requested by City Manager Rod
Gould, on behalf of City Attorney Lisa Foster, who was not present. Tom Clark, special legal
counsel for the Poway Redevelopment Agency, joined the Closed Session meeting.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 10:25 p.m. with all Councilmembers
present. There was no reportable action taken in Closed Session.
Mayor Cafagna adjourned the meeting at 10:26 p.m.
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City of Poway, California
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