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CC 2008 09-23 City of Poway, California Minutes of the City Council Regular Meeting September 23, 2008 The September 23, 2008, 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 Usa Foster City Attorney L. Diane Shea Interim City Clerk Bob Manis Director of Development Services Rober! 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 Ashley Jones Management Analyst June Dudas Assistant Director of Community Services Frank Casteleneto City Engineer OdaAudish Associate Planner Zoubir Ouadah Traffic Engineer Pledqe of Alleqiance: Deputy Mayor Emery led the Pledge of Allegiance City Councilmember Announcements Poway Bob's Restaurant Review: Deputy Mayor Emery reviewed the House on the Hill Restaurant located at 12440 Poway Road. Pet of the Week by Councilmember Rexford. Councilmember Rexford introduced a picture of Charlise, a female Shephard mix who is awaiting adoption at the Escondido Humane Society The Adoption Counselor can be reached at (760)888-2247 Public Oral Communications Dee Fleischman asked whether the Pepper Tree at the Hamburger Factory would be kept. Staff confirmed the tree will remain. 9090 Page 3 - City of Poway - September 23, 2008 Continued Public Hearin!ls 1 Ordinance No 678 - Second Reading, Entitled. "An Ordinance of the City of Poway, California, Amending Poway Municipal Code Section 1032.010 Regarding Speed Limits and Adopting the 2008 Engineering and Traffic Survey" (0850-65) Bob Manis, Director of Development Services, presented the staff report. On September 9, 2008, the City Council introduced and held the first reading of Ordinance No 678. All Councilmembers were present, except Mayor Cafagna. No public testimony was received at that time There were no public speakers on this item. City Council Action: Motion by Councilmember Rexford and seconded by Deputy Mayor Emery to close the public hearing, waive further reading, and adopt Ordinance No 678 by a roll call vote Motion carried unanimously by a roll call vote. Public Hearin!ls 2. Ordinance No. 679 - First Reading, Entitled:"An Ordinance of the City of Poway, California, Amending Chapters 1704, 1708 and 17.52 Pertaining to Accessory Buildings and Structures (ZOA 08-02) " (0210-80) City Council Action: At the request of staff, this item was continued to the City Council meeting of October 7, 2008, to allow adequate time for staff to further analyze the proposed amendment. Motion by Deputy Mayor Emery and seconded by Councilmember Rexford to continue the item. Motion carried unanimously. 3 Ordinance No 680 - First Reading, Entitled; "An Ordinance of the City of Poway, California, Amending Chapter 13.24 of the Poway Municipal Code by Amending Section 13.24030 Concerning Reimbursement for Permanent Improvements." (0490-15) Lisa Foster, City Attorney, proYided the agenda report. The proposed ordinance amending Poway Municipal Code Chapter 13.24 would allow developers a longer period of time to apply to the City fora reimbursement agreement when they are building permanent improvements for the benefit of the public or other properties. Chapter 13.24 currently requires that the reimbursement agreement application be made prior to the commencement of construction. This amendment would allow the application to be submitted any time prior to the City acceptance of the improvements. There were no public speakers on this item. City Council Action: Motion by Councilrnember Rexford and seconded by Deputy Mayor Emery, to waive further reading of the Ordinance, and continue the public hearing to October 7, 2008, for the second reading and adoption of the Ordinance. Motion carried unanimously. 9091 Page 3 - City of Poway - September 23, 2008 4 First Quarter Budget Review and Proposed Reductions to FY 2008-09 Operating Budgets. (0400-45) City Manager Rod Gould gave the staff report. This report addresses the first quarter of FY 2008-09, and calls for additional reductions to operating expenditures to ensure a balanced General Fund The books have been closed on the FY 2007- 2008 and reflects a $2 million dollar savings He requests that the savings be added to two accounts. (1) Street Maintenance Operating Fund and (2) Pension Stabilization Fund. Dave Grosch opposed reductions to the children's programs and the ARC contract. He suggested ways for Council to reduce budgets in the Legislative Services Department. Joe St. Lucas asked that Council not eliminate the Employee Wellness Reimbursement program citing its benefits. Susan Sheldon opposed the reduction in library funding. City Council Action: Motion by Deputy MayorNice Chair Emery and seconded by Councilmember/Director Rexford to close the public hearing, and adopt the Resolution Nos. 08-074, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Amendments to the City's Financial Program for Fiscal Year 2008-2009," and R-08-11 "A Resolution of the Poway Redevelopment Agency Approving Amendments to the Agency's Financial Program for Fiscal Year 2008- 2009 " as amended Motion carried unanimously. Staff Reports 5 Current Status of the Proposed Ballot Measure to Improve and Enhance Firefighting Resources and Services through the Adoption of a Regional and Local Fire Protection Parcel Tax and Funding Plan and a Resolution in Support of the Local Fire Protection Parcel Tax and Funding Plan. (0740-55) Mark Sanchez, Director of Safety Services presented the staff report. On January 29, 2008, the San Diego County Board of Supervisors established the Regional Fire Protection Committee to advise them on the steps the County could take to ensure that the region is fully prepared when the next wildfire strikes. On July 22, 2008, the Board received the committee's final report that recommended that they place a ballot measure on the November 4, 2008, ballot asking voters to approve an ordinance providing for a regional and local fire protection parcel tax and funding plan. There were no public speakers on this item. City Council Action: Motion by Deputy Mayor Emery and seconded by Councilmember Higginson to adopt Resolution No 08-075, entitled, "A Resolution of the City Council of the City of Poway, California, Supporting the San Diego County Regional Fire Protection Agency Property Tax Ordinance." Motion carried unanimously. 9092 Page 4 - City of Poway - September 23, 2008 6 Hillside/Ridgeline Minor Development Review Application 08-47WCF, Bruce and Allison Dahlgren, Applicants A request to construct a 6-foot-high retaining wall and perform associated grading on a Witch Creek Fire impacted property located at 13210 Highlands Ranch Road within the Rural Residential C Zone. APN 272-761- 46 (0200-25) Oda Audish, Associate Planner, prepared the staff report. The Dahlgren family lost their home in the Witch Creek Fire in October 2007 They are requesting approval to construct a 6-foot-high retaining wall and perform associated grading on the 2.6- acre property in order to provide the 30-foot setback from top-of-slope to a two-story structure as required by the newly adopted Wildland Urban Interface Code. The replacement home is currently under construction. City Council approval is required because the property is within the Hillside/Ridgeline review area. There were no public speakers on this item. City Council Action: Motion by Deputy Mayor Emery and seconded by Councilmember Boyack to adopt Resolution No P-08-22, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Hillside/Ridgeline Minor Development Review Application 08-47WCF Assessor's Parcel Number 272-761- 46" Motion carried unanimously. Consent Calendar - Notice to Public Motion by Councilmember Rexford and seconded by Councilmember Boyack to approve the Consent Calendar consisting of Items 7 through 12, in one motion by the Council without discussion. Motion carried unanimously. 7 Ratification of Warrant Register for the Period August 18 through August 22, 2008 and August 25 through August 29, 2008. (0475-20) 8 Award of Bid for Fire Station #2 Sewer Connection Project (CIP #1552), Bid No. 09- 002, to Scott Michael, Inc., the Lowest Responsible Bidder in the Amount of $64,570.74 (0700-10) 9 Approval of the Dissolution of the Performing Arts Advisory Committee. (0120-10) 10 Approval of the Animal Control Services Contract with Escondido Humane Society (0700-10) 11 Adopt Resolution No 08-073; Entitled, "A Resolution of the City Council of the City of Poway, California, Approving the Application for a Public Display of Pyrotechnics for Poway High School Homecoming 2008." (0210-60) 12. 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 (Requires a 4/5ths vote) (0320-30) 9093 Page 5 - City of Poway - September 23, 2008 City Manager Items 13 Mr Gould announced the appointment of Linda A. Troyan, MMC, as the City of Poway's new City Clerk. She will begin on October 14,2008 City Attorney Items 14 CLOSED SESSION' A. CONFERENCE WITH LABOR NEGOTIATOR AUTHORITY Gov Code Sec. 54957 6 CITY'S NEGOTIATOR. Rod Gould, City Manager EMPLOYEE ORGANIZATION. Poway Firefighters' Association City Attorney Lisa Foster requested a closed session on the matter Mayor Cafa9na called for a Closed Session at 8:50 p.m. as requested by City Attorney Foster and the City Council adjourned into Closed Session, Mayor and City Council-Initiated Items 18 MERRILEE BOYACK Councilmember Boyack would like the City Council to look at an 11 30 p.m. curfew for 14-18 year olds, so they have time to travel home from evening events. City Manager Gould stated staff will provide the City Council with more information on the curfew law Call to Order and Adiournment The City Council Adjourned. into closed session at 8'50 p.m. At 9'10 p.m., the City Council returned to Open Session with no reportable action taken. Mayor Cafagna adjourned the meeting at 9'11 p.m. , ~ [ (mH~~/) ~OOA/\!\/ Shelley Collins, MC - - " Records Technician City of Poway, California 9094