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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. 8932 Page 2 - CITY OF POWAY - October 2,2007 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. 8933 Page 3 - CITY OF POWAY - October 2,2007 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. 8934 Page 4- CITY OF POWAY - October 2,2007 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. 8935 Page 5 - CITY OF POWAY - October 2,2007 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) 8936 r-i:Iye 0 - vii T ur t"'UVVI"I T - UClOoer :.t., :.t.uu ( 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. ~ ~~Cle~ City of Poway, California RQ"l7