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CC 2004 05-04 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MAY 4,2004 The May 4, 2004, Regular Meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Mayor Cafagna, at the Poway Community Library- Meeting Room, 13137 Poway Road, Poway, California. COUNCILMEMBERS PRESENT Bob Emery, Jay Goldby, Betty Rexford, Mickey Cafagna COUNCILMEMBERS ABSENT Don Higginson STAFF MEMBERS PRESENT James Bowersox City Manager Penny Riley Assistant City Manager Steve Eckis Special Counsel Lori Anne Peoples City Clerk Warren Shafer Director Administrative Services Peggy Stewart Community Services Manager Jim Howell Director of Public Works Mark Sanchez Director of Safety Services Charlie Campe Sheriff's Captain Patti Brindle City Planner Javid Siminou City Engineer Ingrid Alverde Redevelopment Agency Manager Lawrence Brillon Multi-Media Specialist Paolo Romero Management Assistant PLEDGE OF ALLEGIANCE Councilmember Goldby led the Pledge of Allegiance. PRESENT A TIONS Mayor Cafagna presented Certificates and Badges to the 20th Graduating Class of Reserve Park Rangers and Reservists. (0710-40) Mayor Cafagna presented Grad Nite checks to Grad Nite Committee Representatives Rebecca Hernandez for Poway High, Deb Milne for Rancho Bernardo High and Tom Farrel for Abraxas High. (0160-10) 8090 Page 2 - CITY OF POW A Y - May 4, 2004 PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following people were present wishing to speak: Jeffery Anderson, 330 W. Broadway, San Diego, representing the District Attorney's Office, offered their services to the City and citizens of Poway. Mike Fry, 12819 Selma Court, inquired on the use of parks in Poway. CONSENT CALENDAR Motion by Council member Goldby, seconded by Council member Emery to approve the Consent Calendar as follows: 13. Ratification of Warrant Registers for the periods of March 29, 2004 through April 2, 2004 and April 5-9, 2004. (0475-20) 14. Approval of City's Investment Report as of March 31, 2004. (0450-80) 15. Final Report of Expenditures from April 20, 2004 to May 3, 2004, pertaining to the Cedar Fire, made under authority of Resolution No. 03-084, adopted on October 28, 2003, and adoption of Resolution No. 04-027 - Rescinding Resolution No. 03-084 Regarding Emergency Suspension of Notice and Bidding Requirements. (0320-30) 16. Release of Grading and Improvements Bonds for TIM 90-06, inclusive of Grading Bond No. 184 59 46 in the amount of $208,000; Performance Bond No. 1845947 in the amount of $422,488; Payment Bond No. 1845947 in the amount of $211,244; Monument Bond No. 184 59 48 in the amount of $5,000; and a grading cash security in the amount of $40,000. Dennis Fertig, Pacific Scene Homes, Applicant. APNs: 314-850-01 thru 08. (0200-2010700-10) 17. Release of Grading Security for Los Arcos inclusive of Grading Bond No. 929214054 in the amount of $8,960; Surety Rider in the amount of $129,880; Surety Rider in the amount of $138,840, and a grading cash security of $34,710. Dan Tocci, Retirement Housing Foundation, Inc., Applicant. APN: 275-780-12. (0210-3010700-10) 18. Adoption of Planning Resolution No. P-04-31 , entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 04-16 to hold the Community Band Festival 2004" at Old Poway Park, 14134 Midland Road, on Saturday, May 15, 2004 from 12:00 p.m. to 7:00 p.m., and on Sunday, May 16, 2004 from 12:00 p.m. to 7:30 p.m. (0210-60) 8091 Page 3 - CITY OF POWAY - May 4,2004 19. Approval of a Consultant Agreement Between the Poway Redevelopment Agency and Construction Quality Assurance Group (CQAG) for Inspection Services for the Old Poway Park Train Barn Expansion project. (0700-10) 20. Approval of proposed revisions to the Performing Arts Advisory Committee Charter. (0120-50) 21. Adoption of Resolution No. 04-028 - Commending Eagle Scout Brandon K. Ballard. (0710-40) 22. Approval of Appropriation of Funds in the amount of $168,510 from the General Fund, Water Fund and Sewer Fund's Undesignated Fund Balance to the City Office Building Project #1539 and of a Contract Amendment for douglas e. barnhart, inc., for Construction Management Services. (0700-10) 22.1 Approval of Positions on Pending Legislation: Support AB 2690, Public Works Funds; SB 1839, Construction Contracts: Indemnity Agreements. Oppose AB 2406, Fire Safety; SB 1659, Eminent Domain: Compensation; and the Amendments to AB 2243, County Water Authorities. (0740-55) Motion carried 4-0 with Deputy Mayor Higginson absent. ITEM 1 (0740-20) ORDINANCE NO. 599/SECOND READING AMENDING TITLE 16, DIVISION V FLOODPLAIN MANAGEMENT Mayor Cafagna opened the public hearing and read the title of Ordinance No. 599, "An Ordinance of the City of Poway, California, Amending Title 16, Division V, of the Poway Municipal Code Pertaining to Floodplain Management." Staff report by City Manager Bowersox. The City is a participant in the National Flood Insurance Program (NFIP), which is administered by the Federal Emergency Management Agency (FEMA). Staff from the State Department of Water Resources (DWR), on behalf of FEMA, recently met with the City staff to evaluate various aspects of the City's Floodplain Management Program. From this evaluation, DWR determined that the City's Flood Damage Prevention Ordinance, Title 16, Division V, of the Poway Municipal Code, was not consistent with current NFIP requirements. DWR requested that the City amend the Municipal Code by adopting the California Model Floodplain Management Ordinance, which has been developed to meet said requirements. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Council member Rexford, to close the public hearing, waive further reading (unanimous vote), and adopt Ordinance No. 599. Motion carried 4-0 with Deputy Mayor Higginson absent. 8092 Page 4 - CITY OF POWAY - May 4,2004 ITEM 2 (0210-50) MINOR CONDITIONAL USE PERMIT 04-01 TENNIS COURT LIGHTS 14380 STAGE COACH ROAD APPLICANTS: DAVID AND TESS GOLIA Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to permit the installation of tennis court lights on a residential lot located at 14380 Stage Coach Road. APN: 277-220-02. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the public hearing and adopt Planning Resolution No. P-04-32, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Minor Conditional Use Permit 04-01, A Request to Install Tennis Court Lights on Lot 2, A Residential Lot Located at 14380 Stage Coach Road, in the Heritage II Development in the Rural Residential A Zone Assessor's Parcel Number 277-220-02." Motion carried 4-0 with Deputy Mayor Higginson absent. ITEM 3 (0210-50) MINOR CONDITIONAL USE PERMIT 04-04 BASKETBALL COURT LIGHTS 18755 HERITAGE DRIVE APPLICANT: LA DAINIAN TOMLINSON Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to permit the installation of basketball court lights on a residential lot located at 18755 Heritage Drive. APN: 277-220-26. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Council member Rexford, to close the public hearing and adopt Planning Resolution No. P-04-33 , entitled, "A Resolution of the City Council of the City of Poway, California, Approving Minor Conditional Use Permit 04-02, A Request to Install Basketball Court Lights on Lot 26, A Residential Lot Located at 18755 Heritage Drive, in the Heritage II Development in the Rural Residential A Zone Assessor's Parcel Number 277-220-26." Motion carried 4-0 with Deputy Mayor Higginson absent. 8093 Page 5 - CITY OF POW A Y - May 4, 2004 ITEM 4 (0210-70) VARIANCE 04-02 11-FOOT -HIGH FENCE 13757 ROSTRATA ROAD APPLICANT: VALERIE QUATE Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to allow a maximum 11-foot-high fence, which is a combination of a retaining wall and wood fence, along the side property line for a recently constructed single-family residence located at 13757 Rostrata Road, where a maximum 6-foot- high fence is allowed. APN: 275-712-15. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Mayor Cafagna, to close the public hearing and adopt Planning Resolution No. P-04-34, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 04-02 Assessor's Parcel Number 275-712-15." Motion carried 4-0 with Deputy Mayor Higginson absent. ITEM 5 (0760-20) NOTICE OF INTENTION/ENGINEER§S REPORT LANDSCAPE MAINTENANCE DISTRICT 83-1 ITEM (0760-20) NOTICE OF INTENTION/ENGINEER§S REPORT LANDSCAPE MAINTENANCE DISTRICT 86-1 ITEM 7 (0760-20) NOTICE OF INTENTION/ENGINEER§S REPORT LANDSCAPE MAINTENANCE DISTRICT 86-2 ITEM (0760-20) NOTICE OF INTENTION/ENGINEER§S REPORT LANDSCAPE MAINTENANCE DISTRICT 86-3 ITEM (0760-20) NOTICE OF INTENTION/ENGINEER§S REPORT LANDSCAPE MAINTENANCE DISTRICT 87-1 ITEM 10 (0760-20) NOTICE OF INTENTION/ENGINEER§S REPORT POWAY LIGHTING DISTRICT Staff report by City Manager Bowersox. Staff has prepared Resolutions of Intention setting public hearings for the Landscape Maintenance Districts and Lighting District to levy and collect assessments for 2004/2005. There are no increases proposed in the assessments. 8094 Page 6 - CITY OF POWAY - May 4,2004 Motion by Council member Emery, seconded by Deputy Mayor Rexford, to take the following actions: Adopt Resolution No. 04-029, entitled, oA Resolution of the City Council of the City of Poway, California Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 83-1 for Fiscal Year 2004/2005," approving the Engineer's Report, and setting the public hearing for June 29, 2004. Adopt Resolution No. 04-030, entitled, oA Resolution of the City Council of the City of Poway, California Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 86-1 for Fiscal Year 2004/2005," approving the Engineer's Report, and setting the public hearing for June 29, 2004. Adopt Resolution No. 04-031, entitled, oA Resolution of the City Council of the City of Poway, California Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 86-2 for Fiscal Year 2004/2005," approving the Engineer's Report, and setting the public hearing for June 29, 2004. Adopt Resolution No. 04-032, entitled, oA Resolution of the City Council of the City of Poway, California Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 86-3 for Fiscal Year 2004/2005," approving the Engineer's Report, and setting the public hearing for June 29, 2004. Adopt Resolution No. 04-033, entitled, oA Resolution of the City Council of the City of Poway, California Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 87-1 for Fiscal Year 2004/2005," approving the Engineer's Report, and setting the public hearing for June 29, 2004. Adopt Resolution No. 04-034, entitled, oA Resolution of the City Council of the City of Poway, California Declaring the Intention to Levy and Collect Assessments within Poway Lighting District for Fiscal Year 2004/2005," approving the Engineer's Report, and setting the public hearing for June 29, 2004. Motion carried 4-0 with Deputy Mayor Higginson absent. ITEM 11 (0350-80) PROPOSED ORDINANCE EDUCATIONAL WARNING POSTERS DRINKING & DRIVING Staff report by City Manager Bowersox. On October 11, 2003, Council received correspondence from Ray Gross, Executive Director, Designated Drivers Association (DDA) requesting the City adopt an ordinance requiring restaurant and bar establishments selling alcoholic beverages for on-site consumption, post educational posters within restrooms, smoking areas, and other visible locations to deter the practice of driving impaired. Under Council direction staff implemented a three month pilot program within six on-sale establishments in Poway. 8095 Page 7 - CITY OF POWAY - May 4,2004 Staff is now requesting direction on whether or not to proceed with the development of a DDA Poster Ordinance for the City of Poway. The following person was present wishing to speak: Ray Gross Executive Director, Designated Drivers Association, spoke in support of the proposed establishment of an Ordinance. Motion by Councilmember Emery, seconded by Councilmember Goldby, to refer the item back to staff for ways to get the message across but not mandate the use of specific posters. Mayor Cafagna proposed an alternate motion which was agreed to by the maker and second which was to have staff bring back a sample Ordinance for a 1 year trial period to be implemented by the Designated Drivers Association organization. At the end of the 1 year period, a report on the effectiveness is to be prepared by the Sheriff's Department and staff and provided to the Council. Motion carried 3-1 with Council member Rexford voting "no" and Deputy Mayor Higginson absent. ITEM 12 (0200-60) PUBLIC SCOPING MEETING DRAFT ENVIRONMENTAL IMPACT REPORT TENTATIVE TRACT MAP 02-01 LIGUORI RANCH ESTATES Staff report by City Manager Bowersox. The applicant owns approximately 500 acres of primarily undeveloped land in the northeast portion of Poway and has submitted a Tentative Tract Map to subdivide the property into 31 legal lots (29 single-family home residential lots and 2 open space lots. The City has determined that an Environmental Impact Report (EIR) will be required as part of the City's review of this application. As part of the EIR process, the City is holding this Public Scoping Meeting to provide property owners and other interested parties the opportunity to submit verbal and written comments addressing their specific concerns about the potential environmental impacts of the proposed project. Comments received will be taken into consideration as the environmental consultant develops the scope of work and a list of topics that will be evaluated in the EIR. Lisa Liguori, 15555 Stage Coach Drive, applicant, spoke in support of the proposed project. Motion by Council member Rexford, seconded by Council member Emery, to direct staff to complete the EIR process. Motion carried 4-0 with Deputy Mayor Higginson absent. 8096 Page 8 - CITY OF POWAY - May 4,2004 CITY MANAGER ITEMS 23. City Manager Bowersox did not provide Council with a State Budget Update. (0150-50) City Manager Bowersox informed Council that the State Department of Finance had notified the City that their population had reached 50,600. CITY ATIORNEY ITEMS 24B. Special Council Eckis requested a Closed Session for the following: Conference with labor negotiations Government Code §54957.6 Negotiator: James L. Bowersox on behalf of the City of Poway Employee organizations: Teamsters Local 911 Poway Firefighters Association Management, Supervisory and Confidential Unit MAYOR AND CITY COUNCIL-INITIATED ITEMS 25. Councilmember Emery requested and received Council concurrence to work with staff on creating a report on the benefits of joining the San Diego East Visitors Bureau and bring a report back to Council. 29A. Mayor Cafagna did not provide Council with a Regional Governance update, but advised that Gary Gallegos of SANDAG would provide a presentation on the "Expenditure Plan" at the May 11, 2004 Council Meeting. (0150-20) CLOSED SESSION Mayor Cafagna called for a Closed Session at 7:55 p.m. as requested by Special Counsel. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 8:25 p.m. and upon motion by Councilmember Rexford, seconded by Council member Goldby, adjourned the meeting at 8:27 p.m. Motion carried 4-0 with Deputy Mayor Higginson absent. 8097