CC 2008 02-05
CITY OF POWA Y, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
FEBRUARY 5, 2008
The February 5, 2006, Regular Meeting of the City Council of the City of Poway called to order
at 7'02 p.m. by Deputy Mayor Bob Emery at the Poway City Council Chambers, 13325 Civic
Center Drive, Poway, California.
COUNCILMEMBERS PRESENT
Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford
COUNCILMEMBERS ABSENT
Mickey Cafagna
STAFF MEMBERS PRESENT
Rod Gould City Manager
Penny Riley Assistant City Manager
Lisa Foster City Attorney
Diane'Shea City Clerk
Bob Manis Director of Development Services
Robert Clark Director of Community Services
Kevin Haupt Director of Public Works
Tina White Director of Administrative Services
Dena Fuentes Director of Redevelopment Services
Mark Sanchez Director of Safety Services
Todd Frank Sheriffs Captain
Jennifer Lewis Sr Management Analyst
PLEDGE OF ALLEGIANCE
Councilmerilber Rexford led the pledge.
CITY COUNCILMEMBER ANNOUNCEMENTS
Poway Bob's Restaurant Review Deputy Mayor Emery reviewed Dominic's Italian
Restaurant.
Deputy Mayor Emery announced that this meeting will be adjourned in memory of Ross Rizzo,
owner of Bernardo Winery, who recently passed away
Page2'-CITY OF POWAY - February 5,2008
PRESENTATION AND AWARDS
0 Presentation of a savings bond to powaY'l) First Baby Born in 2008, Angel
David Aviles. Councilmember Boyack presented the parents with a $100
savings .bond with congratulations from the City of Poway
0 Presentation by Bob Hammond, representing the Bridlewood
neighborhood, to the Safety Services Department for their tremendous
efforts, work and assistance provided during the Witch Creek Fires. Bob
Hammond and neighbors presented a plaque to Division Chief Jon Canavan,
Fire Captain Tim Carle, Fire Engineer Joe Del Bono, and Firefighter/Paramedic
Gary Anderson, and thanked Division Chief Canavan and the firefighters of
Station #2 for their service during the recent fires.
0 Presentation by Penny Ranftle, Director of JA BizTown and Students of
Valley Elementary Ms. Ranftle, Poway Unified School District, Andy Johnsen,
Principal of Valley Elementary, and two participating students thanked the City
Council for their support of JA Biztown and spoke on the benefits of the program.
PUBLIC ORAL COMMUNICATIONS
Debbie Knuth, Poway, commented on the January 15, 2008 Tartre/Armstrong
appeal hearing and urged the City Council to reconsider all the facts.
Bill Barnick, Poway, commented on business licenses, landscape maintenance
districts, Sheriffs Office delivering letters to his home, fire services, and running
for City Council.
PUBLIC HEARINGS
1 Environmental Assessment (EA) 07-03; City acquisition of property located
at 12642 Monte Vista Road, within the Commercial Office (CO) zone, for
potential future affordable housing site. APN:275-460-62. (0780-08)
Ingrid Alverde, Housing Manager of Redevelopment Services, provided the staff
report. Staff negotiated a Purchase and Sale Agreement to acquire the Country
Montessori School to develop future multifamily affordable housing. The two-
acre site is located on Monte Vista Road, proximate to an Agency-owned parcel
also earmarked for multi-family affordable housing.
The following people spoke in support of this project:
Felix Ramos, Poway
Patti Hanic-Christenson, Community HousingWorks
Jesse Stevenson, Poway
Page 3 - CITY OF POWAY - February 5,2008
Motion by Councilmember Rexford and seconded by Council member Boyack to
close the public hearing and
(A) Adopt Resolution No 08-006 entitled, "A Resolution of the City of
Poway, California, Consenting to the Approval of a Purchase
Agreement and a Lease Agreement by and between Country
Montessori School of Poway, and Making Certain Findings in
Connection Therewith," and
(B) Adopt Resolution No R-08-02 entitled, "A Resolution of the poway
Redevelopment Agency Approving a Purchase Agreement and a
Lease Agreement by and between the Poway Redevelopment
Agency and Country Montessori School of Poway, and Making
Certain Findings in Connection Therewith," and
(C) Adopt Resolution No P-08-02 entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Negative
Declaration Acquisition of Property at 12642 Monte Vista Road,
Assessor's Parcel Number 275-46-62," and
(D) Authorize an appropriation of $3,600,000 from the Housing Fund's
Unappropriated Fund Balance (471-8912) for the property
acquisition.
Motion carried 4-0 with Mayor Cafagna absent.
2. Ordinance No. 671 - First Reading, entitled, "An Ordinance of the City of
Poway, California, Amending Chapters 13.09, 16.41 Through 16.50, and
16.100 through 16.108 of the Poway Municipal Code Concerning
Stormwater Management and Discharge Control, Excavation and Grading,
and Standard Urban Stormwater Mitigation Plan." (0870-50)
Bob Manis, Director of Development Services, made the presentation. On
January 24, 2007, the San Diego Regional Water Quality Control Board
(SDRWQCB) issued Order No 2007-001 (National Pollutant Discharge
Elimination System Permit No CAS0108758) which mandates all Copermittees,
including the City of Poway, to update their local ordinances necessary to
establish the legal authority to meet the revised requirements of the Stormwater
Management Program. The proposed changes in the Municipal Code are in
response to the order
Tom Moore; Poway, said the City has failed to maintain erosion control on its own
property and asked the City to take action.
Motion by Councilm€mber Boyack and seconded by Councilmember Rexford to
waive further reading of the Ordinance and continue the public hearing to
February 19, 2008, for second reading and adoption of Ordinance No 671
Motion carried 4-0 with Mayor Cafagna absent.
Page 4 - CITY OF POWAY - February 5, 2008
3 Minor q~>nditional Use Permit 95-02M(2); John Lively, Applicant: A request
to construct a 46-space' parking lot on the west side of the Lively Center
located at 13266 PowilY Road, in the Town Center zone. APN's 317-101-42 &
43. (0210-50)
Jim Lyon, Senior Planner of Development Services Department, provided the
staff presentation. The applicant is requesting a modification to a Minor
Conditional Use Permit to allow the construction of a 46-space parking lot on an
undeveloped section of the Lively Center located at 13266 Poway Road in the
Town Center zone This item was originally heard by the City Council on May 2,
2006 Atthat meeting, two neighbors expressed. concern about the project. The
City Council continued the application to permit the applicant time to address the
neighbors' concerns. The applicant has reduced the number of parking spaces
from 62 to 46 and now has the approval of five of the six adjoining property
owners. The project complies with all City development standards. Mr Lyon
addressed the concerns contained in Gary Vineyard's correspondence.
David May, Poway, spoke, through a sign language interpreter, in support of the
project.
John Lively, applicant, spoke in support of the project.
Motion by Councilmember Boyack and seconded by Councilmember Rexford to
close the public hearing and adopt Resolution No P-08-03 entitled, "A Resolution
of the City Council of the City of Poway, California, Approving Minor Conditional
Use Permit 95-02M(2), Assessor's Parcel Numbers 317-101-42 & 43" Motion
carried 4-0 with Mayor Cafagna absent.
STAFF REPORTS
4 Water Conservation Program Overview (0930-1 0)
Kristen Crane, Water Conservation Administrator, presented the report. The City
of Poway is expanding its efforts to promote water conservation in response to
the water supply challenge facing Southern California. The purposeofthis report
is to review the expandeej water conservation program and current projects and
to seek City Council feedback and consensus to proceed as proposed. Major
objectives of the expended Water Conservation program include 1) educating
the public on Poway's water supply and the need to conserve, 2) offering
resources and incentives to facilitate conservation, and 3) achieving
conservation.
Roger Covalt, member of Poway Community Leadership Institute, spoke on
water conservation projects involving school children and asked for City Council
support of Splash Lab
Page 5 - CITY OF POWAY - February 5, 2008
Joe St. Lucas, Poway spoke,on disadvantages of artificial turf and questioned the
use of native plants.
Dan Krall, Poway, spoke on obtaining subsidies for becoming more water
efficient.
City Council consensus was to receive and file the report.
5 Workshop Presentation Discussing the Vegetation Management Standards.
(0330-90)
Kevin Kitch, Division Chief of Safety Services, presented the staff report. In
recent years, all new developments within the City of Poway have been approved
with fire risk mitigation as.a priority condition. The challenge for the City today is
to develop strategies for protecting existing developments with a deliberate,
proactive vegetation management program aimed at creating defensible space
within and around our community Current requirements for weeds, shrubs, and
waste accumulation have generally been limited to abatement of annual weeds
and grasses located on private property Modification of our existing ordinance to
incorporate higher standards, which had been adopted both locally and
statewide, will proactively address the known fire threat that exists within our
City This would include properties owned by the City of Poway The Fire
Department endorses defensible space as a proven method to provide for the
protection of life arid preservation of property
Mike Fry, Poway, spoke on the term "native" and suggested standards on wind
driven fires.
Jerry Hargarten, Green Valley Civic Association (GVCA), spoke in support of
City's efforts as long as extensive public input is sought.
Gerald Firl, Poway, supports education on fire protection instead of code
compliance.
Bruce Terry. GVCA, supports further discussion in a public forum as this is a
complex issue.
Dee Fleischman, Poway, spoke on concerns of certain vegetation and the
unintended results if plants are removed
Marge Knothe, Poway, inquired about specifics of what is included with removal
of plants.
Lynette Perks, Poway, suggested a citizen committee and the need for a
biologist.
Page 6 - CITY OF POWA Y ~ February 5, 2008
Tom Moore, Poway, said he , still lost his home' in the Witch Creek fire even with a
300-foot buffer around his house
Motion by Deputy Mayor Emery and seconded by Councilmember Boyack to
receive and 'fiIe the report with direction to staff to plan a Town Hall meeting
providing a forum for additional public input, and suggested moving forward on
filling the Code Enforcement position. Motion carried 4-0 with Mayor Cafa9na
absent.
6. Initiate Process to Refund the Poway Royal Certificates of Participation
(0440-10)
Director of Redevelopment Services Dena Fuentes provided the staff r~port. The
report authorizes staff to now initiate all of the proceedings to refund the Poway
Royal Certificates of Participation and approve the financing team. Documents
providing for the issuance and sale of the refunding obligations and related
transactions will be brought back for Council consideration at a future date She
introduced the Redevelopment Agency's bond counsel, William Strauss of
Richards, Watson & Gershon law firm.
Rick Frimmer, of Luce Forward law firm, was asked by residents and
homeowners association to look at this issue and would like to come up with an
alternative solution within the next 60 days.
Jim Mitchell, an attorney representing the residents, says this transaction is not
legal as it does not comply with California redevelopment law
Motion by Councilmember Higginson and seconded by Councilmember Boyack
to direct staff, consultants and legal counsel to proceed to now initiate all of the
proceedings necessary to refund the Certificates of Participation and enter into a
contract for services with Richards, Watson & Gershon in a form acceptable to
the City Attorney Motion carried 4-0 with Mayor Cafagna absent.
CONSENT CALENDAR
Motion by Councilmember Boyack and seconded by Councilmember Rexford to
approve the Consent Calendar consisting of items 7 and 8 as submitted Motion carried
4-0 with Mayor Cafagna absent.
7 Ratification of Warrant Registers for periods of December 24 through
December 28, 2007, December 31, 2007 through December 4, 2008, and
January 7 through January 11, 2008. (0475-20)
8 Receive report of emergency repair expenditures pertaining to the Witch
Creek Fire, and continue the City Manager's authorization to make the
necessary emergency repairs under authority of Resolution No. 07-079,
adopted on October 25,2007. (0320-90)
Page 7 - CITY OF POWAY -February 5,2008
CITY MANAGER ITEMS
9 City Manager Gould reported the 2007 FBI Crime figures for the City of Poway
Serious crimes were down in 2007 compared to 2006 According to the FBI's
crime figures, there were 17 54 crimes per thousand in the year 2006 compared
to 1678 crimes per thousand for the year 2007
ADJOURNMENT
Deputy Mayor Emery adjourned the meeting at 9'34 p.m., in memory of long time
Poway resident, Ross Rizzo, owner of the Bernardo Winery, who recently passed away.
~ '4~
L. Diane Shea, City Clerk
City of Poway, California