CC 2007 11-27
CITY OF POWAY, CALIFORNIA
MINUTES OF, THE CITY C.OUNCIL
REGULAR MEETING
NOVEMBER 27, 2007
The NovembeP27, 2007, Regular Meeting of the City Council of the City of Poway was called
to order at 7:03 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
Lisa Foster City Attorney
Diane Shea City Clerk
Patti Brindle Interim Director of Development 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
Frank Casteleneto City Engineer
Jim Lyon Senior 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. Councilmember Emery reviewed the Mr. Hummas
restaurant on Poway Road noting its excellent Mediterranean and Middle Eastern food.
. Councilmember Rexford stated she and City Attorney Lisa Foster took donations of animal
food, blankets, and other needed supplies to the Escondido Humane Society to help their
increased animal population resulting from the recent fires.
. Deputy Mayor Boyack gave an update on the ongoing fire relief efforts in the community.
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PROCLAMATIONS AND AWARDS
. Presentation of Service Award to PeterMoote, Assistant Director of Administrative
Services (20 years). Mayor Cafagna and Director of Administrative Services Tina White
congratulated and thanked Mr. Moote for his 20 years of services and presented him with
his service award.
. Presentation by the Green Valley Civic Association (GVCA) of a Donation of Radio
Vests for the City of Poway Fire Department. Bruce Tarzy, President of the GVCA,
presented the City of Poway with a donation of 60 radio vests which greatly increase
communications during fire fighting. Safety Services Division Chief Jon Canavan accepted
the donation.
. Presentation by the Kiwanis Club of an "Appreciation Banner" to thank all those who
provided assistance during the Witch Creek Fire. Bob Kranz, representing the Kiwanis
Club, thanked the volunteers, businesses, and City staff for their help and support during
the Witch Creek Fire and presented the City with an Appreciation Banner containing over
500 messages of thanks from the community. The banner will be displayed atthe Library,
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:
Diane Cokkinis, Poway, spoke on repeated graffiti vandalism to her home behind Community
Park and asked the City for assistance in fighting and cleaning up from this crime.
CONSENT CALENDAR - NOTICE TO PUBLIC
Motion by Councilmember Rexford and seconded by Councilmember Emery to approve the
Consent Calendar consisting of Items 10 through 15 as submitted. Motion carried
unanimously.
CONTINUED PUBLIC HEARINGS
1. Ordinance No. 663 - Second Reading, entitled: "An Ordinance of the City of
Poway, California, Amending Title 17 of the Poway Municipal Code (Section
17.21.090) pertaining to signs in the Hospital Campus (HC) Zone (Zoning
Ordinance Amendment 07 -06)" for the property located at 15615 Pomerado Road.
Palomar Pomerado Health District, Applicant. APNs: 275-461-04,275-470-01,06,
10 and 26. (0210-80)
On November 6, 2007, the City Council introduced and held the first reading of
Ordinance 663. All Councilmembers were present at first reading and there was no
public testimony given at that time.
There were no public speakers on this item.
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Item 1 continued:
Motion by Council member Emery and seconded by Councilmember Rexford to close
the public hearing, waive further reading of the ordinance, and adopt Ordinance No.
663 by a roll call vote. Motion carried unanimously.
2. Ordinance No. 664 - First Reading, entitled: "An Ordinance of the City of Poway,
California, Approving Specific Plan Amendment 84-01C(4) to the South Poway
Specific Plan to Change the Land Use Designation on a 1.1-Acre, Developed
Property Located at 12925 Brookprinter Place from Light Industrial to Industrial
Park; APN: 317-224-22." Bothwell International Ltd., Applicant. (0220-60)
On November 6, 2007, the City Council introduced and held the first reading of
Ordinance 664. All Councilmembers were present at .first reading and there was no
public testimony given at that time.
There were no public speakers on this item.
Motion byCouncilmember Rexford and seconded by Deputy Mayor Boyack to close the
public hearing, waive further reading of the ordinance, and adopt Ordinance No. 664 by
a roll call vote. Motion carried unanimously.
3. Adoption of Ordinances relating to Water, Sewer, and Stormwater Rates as
follows:
A. Ordinance No. 665 - Second Reading, entitled: "An Ordinance of the City
of Poway, California, Amending Section 13.11.010 of the Poway Municipal
Code, Schedule of Water Service Charges and Establishing Water Rates;"
B. Ordinance No. 666 -Second Reading, entitled: "An Ordinance of the City
of Poway, California, Amending Section 13.03.010 of the Poway Municipal
Code, Schedule of Sewer Service Charges and Establishing Sewer Rates;"
and,
C. Ordinance No. 667 - Second Reading, entitled: "An Ordinance of the City
of Poway, California, Adding Chapter 13.25 to the Poway Municipal Code,
Establishing Stormwater Program Charges." (0490-15)
On November 13, 2007, the City Council City Council held a public hearing on the
proposed rates for water, sewer and stormwater rates. Twenty-one written protests
were received which did not constitute a majority protest. The City Council then
introduced and held the first reading of Ordinance No. 665, Ordinance No. 666, and
Ordinance 667. All Councilmembers were present.
Gisela Koestner, Poway, opposed the increased sewer fates and said the rates should
be based on actual use and not water consumption.
Mike Fry, Poway, suggested ways to improve the method in which sewer rates are
calculated.
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Item 3 continued:
Motion by Council member Emery and seconded by Mayor Cafagna to close the public
hearing, waive further reading of the ordinances, and adopt Ordinance Nos. 665, 666,
and 667 bya roll call vote. Motion carried unanimously. The City Council further
directed that staff continue to look at improved methods for determining sewer fee
charges.
4. Ordinance No. 668 - Second Reading, entitled: "An Ordinance of the City of
Poway, California, Rescinding Chapters 15.04, 15.08, 15.12, and 15.16 of the
Poway Municipal Code.and Adopting New Chapters 15.04, 15.08, 15.12, 15.16 and
15.18 Regarding the 2007 California Building Standards, which Incorporates the
International Building Code, 2006 Edition, the National Electric Code, 2005
Edition, the Uniform Plumbing Code, 2006 Edition, the Uniform Mechanical Code,
2006 Edition, and the 2007 California Energy Code." (0810-90)
On November 13, 2007, the City Council introduced and held the first reading of
Ordinance No. 668. All Councilmembers were present. Public testimony was received
from one person.
There were no public speakers on this item.
Motion by Councilmember Emery and seconded by Councilmember Higginson to close
the public hearing, waive further reading of the Ordinance, and adopt Ordinance No.
668 by a roll call vote. Motion carried unanimously.
5. Ordinance No. 669 - Second Reading, entitled: "An Ordinance of the City of
Poway, California, Adding Chapter 15.05 to the Poway Municipal Code, Regarding
the Poway Urban-Wildland Interface Code, which Adopts by Reference the
International Urban-Wildland Interface Code, 2006 Edition, with Certain
Amendments, Additions and Deletions." (0810-90)
On November 13, 2007, the City Council introduced and held the first reading of
Ordinance No. 669. All Councilmembers were present. Public testimony was received
from one person.
There were no public speakers on this item.
Motion by Deputy Mayor Boyack and seconded by Councilmember Emery to close the
public hearing, waive further reading of the Ordinance, and adopt Ordinance No. 669,
by a roll call vote. Motion carried 4-1 with Councilmember Rexford voting "no."
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6. Ordinance No. 670 - Second Reading, entitled: "An Ordinance of the City of Poway,
California, Rescinding Chapter 15.240fthe Poway Municipal Code and Adopting a
New Chapter 15.24 Regarding the Poway Fire:Code, Which Adopts by Reference the
California Fire Code, 2007 Edition, and International Fire Code, 2006 Edition, with
Certain Amendments, Additions and. Deletions." (0810-90)
On November 13, 2007, the City Council introduced and heldthe first reading of Ordinance
No. 670. All Councilmembers were present. Public testimony was received from one
person.
There were no public speakers on this item.
Motion by Councilmember Emery and seconded.by Councilmember Rexford to close the
public hearing, waive further reading of the Ordinance, and adopt Ordinance No. 670 as
amended to read "503.2.1 Dimensions Fire apparatus access roads shall have an
unobstructed improved width of not less than 20 feet except that, single family residential
driveways serving no more than two improved parcels containing dwelling units shall have
a minimum of 16 feet of unobstructed improved width" by a roll call vote. Motion carried
unanimously.
PUBLIC HEARINGS
7. Minor Conditional Use Permit 07-03 and Hillside Minor Development Review
Application 06-14; Gary Sabin, Applicant: A request to permit the installation of
tennis court lights and approval to construct a 10,323-square-foot, two-story, single-
family residence, with an attached 1,950-square-foot garage, a 2,227-square-foot
accessory structure, and a.tennis court on a 4.72-acre parcel located at the terminus
of Valley View Road, in the Rural Residential A zone. APN 277-080-09. (0210-50)
Jim Lyon, Senior Planner, gave the staff report summarizing the request as stated above.
There were no public speakers on this item.
Motion by Councilmember Higginson and seconded by Deputy Mayor Boyack to close the
public hearing, approve the request, and adopt the Resolution No. P-07-52 entitled, "A
Resolution of the City of Poway, California, Approving Minor Conditional Use Permit 07-03
and Minor Development Review Application 06-14, to Install Tennis Court Lights and
Construct a Single-Family Residence with Accessory Structures, Assessor's Parcel Number
277 -080-09." Motion carried unanimously.
STAFF REPORTS
8. HillsidelRidgeline Minor Development Review Application (MDRA) 07-03; ERB
Engineering, Inc, Applicant/Gary and Carol Gavan, Owner. A request for approval to
construct a 5,472-square-foot, single-story residence and a 1, 152-square-foot
attached garage on a 2.0-acre site located at the westerly terminus of Gavan Vista
Road. The property is zoned Rural Residential B and located within the
Hillside/Ridgeline Review Area. APN: 278-181-24 (0200-25)
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Item 8 continued:
Patti Brindle, Interim Director of Development Services, gave the staff report outlining the
request as described above.
There were no public speakers on this item.
Motion by Councilmember Emery and seconded by Councilmember Rexford to adopt
Resolution No. P-07-053 entitled, "A Resolution of the City Council of the City of Poway,
California, Approving Minor Development Review Application (MDRA) 07-03, Assessor's
Parcel Number 278-181-24." Motion carried unanimously.
9. Poway Royal Estates Mobilhome Park -- City of Poway 2007 Refunding Certificates of
Participation (Bonds). (0440-10)
Dena Fuentes, Director of Redevelopment Services, provided the staff report. In 1995, the
City of Poway issued Certificates of Participation (Bonds) in the amount of $31 ,770,000 to
refund the existing Poway Royal Estates Mobilhome Park Bonds used for the Park
acquisition. On October 9, 2007, the City Council directed staff to proceed to refund the
bonds. This refunding will reduce the annual debt service for Poway Royal bonds by
approximately $600,000 per year.
James Mitchell, attorney representing residents of the Poway Royal Estates Mobilhome
Park, objected to this transaction and spoke on problems he sees with the process.
Denise Herring of Stradling Yocca Carlson & Rauth, the City of Po way and Redevelopment
Agency's bond counsel, spoke on the legal authority to go forward with the refunding action
as outlined in the staff report.
Motion by CouncilmemberlDirector Emery and seconded by Councilmember/Director
Higginson to adopt Resolution No. 07-083 entitled, "A Resolution of the City Council of the
City of Poway, California, Authorizing the Preparation, Sale and Delivery of Not To Exceed
$32,000,000 Principal Amount of 2007 Refunding Certificates of Participation (Poway
Royal Mobilehome Park) and Approving Certain Documents and Authorizing Certain
Actions in Connection Therewith" and 'Resolution No. R-07 -19 entitled "A Resolution of the
Poway Redevelopment Agency Authorizing the Preparation, Sale and Delivery of Not To
Exceed $32,000,000 Principal Amount of 2007 Refunding Certificates of Participation
(Poway Royal Mobilehome Park) and Approving Certain Documents and Authorizing
Certain Actions in Connection Therewith." Motion carried unanimously.
CONSENT CALENDAR
10. Ratification of Warrant Registers for the periods of October 22 through 26, 2007, and
October 29 through November 2, 2007. (0475-20)
11. Award of Bid to Alvand Construction in an amount not to exceed $67,528 for the
Silverset Park Playground Renovation Project; appropriate $5,500 from the
unappropriated General Fund balance to Capital Improvement Project No. 1627A-
1000P-6126; and authorize the City Manager to execute the necessary documents.
(0700-10)
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12. Acceptance ofthe Metat\l LaneG~ardraillnstallation Project (#12002)from Lightning
Fence Company; authorize the City Clerk to record the Notice of Com'pletion;
authorize the release of theretEmtion; and release the Material and Labor Bond in the
amount of $76,160. (0700-10)
13. Adoption of Resolution No. P-07 -051 entitled, "A Resolution ofthe City Council ofthe
City of Poway, California, Approving C()mprehensive Sign Program 07-01,
Assessor's Parcel Numbers 275-461-04, 275-470-01, 06, 10 and 26. (0280-20)
14. Award of a Telephone Service Agreement to AT&T under the State of California
Contract (CALNET2). (0700-10)
15. Report of emergency repair expenditures, pertaining to the Witch Creek Fire made
under authority of Resolution No. 07-079, adopted on October 25,2007. (0320-30)
MAYOR AND CITY COUNCIL-INITIATED ITEMS
22. Mayor Cafagna received concurrence from the City Council to cancel the December 4,
2007, City Council Meeting because of its extremely light agenda and directed those
agenda items be placed onto the December 11 th meeting.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:23 p.m. and announced the next meeting of the Poway
City Council is on December 11, 2007.
X~0k
L. Diane Shea, City Clerk
City of Poway, California
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