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CC 2004 05-18 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MAY 18, 2004 The May 18, 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 Don Higginson, Jay Goldby, Betty Rexford, Mickey Cafagna COUNCILMEMBERS ABSENT Bob Emery STAFF MEMBERS PRESENT James Bowersox City Manager Penny Riley Assistant City Manager Tamara Smith City Attorney Lori Anne Peoples City Clerk Peter Moote Deputy Director Administrative Services Dennis Quillen Assistant Director of Public Works Mark Sanchez Director of Safety Services Charlie Campe Sheriff's Captain Patti Brindle City Planner Jennifer Johnson Senior Management Analyst Paolo Romero Management Assistant PLEDGE OF ALLEGIANCE Deputy Mayor Higginson led the Pledge of Allegiance. PROCLAMA nON Mayor Cafagna presented a Proclamation declaring May 17-21, 2004 as "National Public Works Week" to Assistant Public Works Director Quillen. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following people were present wishing to speak: Roger Moyers, 18300 Old Coach Drive, representing the Poway Girls Softball League introduced two of the girls from the league who presented the Mayor & Council with a signed "Thank You" banner from the league members. 8104 Page 2 - CITY OF POW A Y - May 18, 2004 Dee Fleischman, 14428 Midland Road, expressed her views and made inquiry of the Aubrey Park site plan. K.C. Butler, 14080 Great Plains Road, announced and presented "Bike to Work Day" event flyers to the Council and those present. Jeff Figler, 14438 Harvest Court, presented Council with information on the Sister Cities International program. Marge Knothe, 13724 Sagewood Drive, representing the "Save Old poway Committee" read a letter into the record regarding the recent vote on the proposed Aubrey Park softball fields. Anna Pinto, 14241 York Avenue, expressed her views on the recent vote on the proposed Aubrey Park softball fields. CONSENT CALENDAR Council member Goldby requested Consent Calendar Item 7.1 be pulled for discussion. Motion by Councilmember Goldby, seconded by Deputy Mayor Higginson, to approve the remainder of the Consent Calendar as follows: 6. Ratification of Warrant Registers for the period of ApriI19-23, 2004. (0475-20) 7. Rejection of Claim Against the City (1) Beverly Richards. (0190-10) 7.2 Approval of Cell Phone Policy including implementation as part of FY 2004-05 Financial Program. (0100-90) Motion carried 4-0 with Council member Emery absent. ITEM 1 (0740-201#600) ORDINANCE NO. 600/FIRST READING CONSUMPTION OF ALCOHOL BY MINORS Mayor Cafagna opened the public hearing and read the title of Ordinance No. 600, entitled, "An Ordinance of the City of Poway, California, Amending Certain Sections of Chapter 9.54 of the Poway Municipal Code Regarding the Consumption of Alcohol by Minors." Staff report by City Manager Bowersox. On October 29, 2002, the Poway City Council adopted Chapter 9.54 of the Poway Municipal Code establishing adult responsibility for house parties at which underage drinking or drug use occurs. Following a review and analysis of the ordinance, City staff has determined that certain sections must be amended to include a section prohibiting consumption by a minor, and to change the definition of a social host to "any person" due to the fact that a large percentage of social hosts are juveniles. Overview of Ordinance amendments approved by City Attorney Smith. 8105 Page 3 - CITY OF POWAY - May 18, 2004 The following person was present wishing to speak in support of the proposed Ordinance: Robert Hall, 1162 Persimmon Avenue, EI Cajon, representing North Inland Community Program. Motion by Councilmember Goldby, seconded by Deputy Mayor Higginson, to waive further reading (unanimous vote) and continue the public hearing to June 1, 2004 for second reading and adoption. Motion carried 4-0 with Council member Emery absent. ITEM 2 (0210-30) CONDITIONAL USE PERMIT 02-06 DEVELOPMENT REVIEW 02-08 VEHICLE STORAGE LOT APPLICANT: CITY OF POWAY Mayor Cafagna opened the public hearing. This is a request for an extension of the approval to develop a vehicle storage lot at 13875 Kirkham Way in the Poway Business Park, APN: 323-501-02. There was no one present wishing to speak. Motion by Council member Goldby, seconded by Councilmember Rexford, to close the public hearing and adopt Planning Resolution No. P-04-36, entitled, "A Resolution of the City of Poway, California, Rescinding Resolution P-02-27 and Approving Conditional Use Permit 02-06 and Development Review 02-08 Assessor's Parcel Number 323-501-02." Motion carried 4-0 with Council member Emery absent. ITEM3 (0330-90) ENVIRONMENTAL ASSESSMENT 04-02 PROPERTY ACQUISITION 14313 SYCAMORE AVENUE Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. On October 30, 2001, the City Council authorized staff to negotiate terms for the acquisition of available flood-prone parcels located within the 100-Year Floodway of Rattlesnake Creek. Staff has conducted site due diligence on the 0.38-acre parcel located at 14313 Sycamore Avenue and negotiated the terms of the sale. Approval of staff recommendation would result in the expenditure of $558,000 for the property purchase. The following person was present wishing to speak: Dee Fleischman, 14428 Midland Road, made inquiry regarding the costs. Susan Kane, 14331 Sycamore Avenue, made inquiry regarding the property. 8106 Page 4 - CITY OF POWAY - May 18, 2004 Motion by Deputy Mayor Higginson, seconded by Councilmember Goldby, to close the public hearing and adopt Planning Resolution No. P-04-37, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Environmental Assessment 04-02 Acquisition of Property at 14313 Sycamore Avenue, Assessor's Parcel Number 314-182-17." Motion carried 4-0 with Councilmember Emery absent. ITEM4 (0630-07) REQUEST FOR USE POWAY SWIM CENTER INTERNATIONAL SYNCHRONIZED SWIMMING CHAMPIONSHIPS Introduction by Mayor Cafagna. Staff report by City Manager Bowersox. The San Diego International Sports Council has requested the use of the Poway Community Swim Center to host the 2005 Open Synchronized Swimming Championships. The proposal would require the full use of the Swim Center for a period of five days in July of 2005 (Tuesday, July 19 through Saturday, July 23). This is an international event attracting 300 athletes from throughout the world and approximately 500 spectators daily. The event would be a one-time use that is unique in that it is an international competition that would bring the world's most talented synchronized swimmers, coaches, and guests to the City of Poway. The following person was present wishing to speak: Joe Moeller, President of the San Diego International Sports Council spoke in support of the request and responded to questions of the Council. Motion by Councilmember Rexford, seconded by Councilmember Goldby, to approve the event. Motion carried 4-0 with Councilmember Emery absent. ITEM 5 (0850-50) STOP CONTROL DEL PASO DRIVE Introduction by Mayor Cafagna. Staff report by City Manager Bowersox. City staff received a request to install a stop sign on Del Paso Drive at its intersection with St. Andrews Drive and Boca Raton Lane. Traffic Engineering staff reviewed the subject intersection and concurs with the request to stop motorists approaching the intersection from Del Paso Drive. The City has received correspondence from 9 area residents requesting installation of the stop sign. The Traffic Safety Committee also approved a recommendation to install a stop sign at the subject intersection. The following person was present wishing to speak: Mark Drucker, 17758 Del Paso Drive, submitted a petition in opposition to the proposed stop sign. 8107 Page 5 - CITY OF POWAY - May 18, 2004 Motion by Councilmember Goldby, seconded by Deputy Mayor Higginson, to deny staff recommendation to install the stop sign. Motion carried 3-1 with Councilmember Rexford voting "no" and Councilmember Emery absent. ITEM 5.1 (0440-10) TRANSFER OF FUNDS LEGALIZE REMAINING PORTIONS FOUR BUILDABLE LOTS Mayor Cafagna introduced the item. This is a transfer of funds from the Redevelopment Agency Housing Fund to the City in exchange for the City's agreement to legalize the remaining Portions of APNs: 314-213-18, 19, 20, 21 and 314-230-26 as four buildable lots and convey them to the Agency. The following person was present wishing to speak: Dee Fleischman, 14428 Midland Road inquired as to what the "York Home Ownership Project" was. Motion by Councilmember Rexford, seconded by Councilmember Goldby, to approve the transfer of funds and authorize the City Manager to execute all necessary documents. Motion carried 4-0 with Councilmember Emery absent. Mayor Cafagna requested Item 7.1 that was removed from the Consent Calendar for discussion be heard. ITEM 7.1 (0540-20) MEMORANDUM OF UNDERSTANDING CITY BARGANING UNITS TEAMSTERS LOCAL 911 MANAGEM ENT ICON FI DENTIAL SAFETY EMPLOYEES The existing Memorandum of Understanding (MOU) with the Non-Safety Unit and the Salary and Benefit Plan for the Management/Confidential Group will expire on June 30, 2004. Staff has negotiated revisions to these two agreements. In addition, pursuant to Council direction, staff has proposed a unilateral reopening on the MOU with the Safety Unit that runs through June 30, 2008 making several recommendations for changes. The amendments to the Non-Safety MOU and the changes to the Salary and Benefit Plan for the Management/Confidential Unit will result in an increase of 5% per year for each agreement. The amendments to the Safety Unit MOU result in an increase of $320,000 during the two years of adjustments to the contract. Funds are available, and the expenses are within the projections used in the City's financial forecast. Councilmember Goldby expressed his concerns with regards to the retirement plans and increased costs to the City. 8108 Page 6 - CITY OF POWAY - May 18, 2004 Motion by Council member Goldby, seconded by Councilmember Rexford, to approve the MOUs and adopt Resolution No. 04-036, entitled, "A Resolution of the City of Poway, California, Amending and Extending the Memorandum of Understanding Between the City and the California Teamsters Local 911 Representing the Non- Safety Employees," and Resolution No. 04-037, entitled, "A Resolution of the City Council of the City of Poway, California, Amending and Extending the Salary and Benefit Plan for the Management, Supervisory, Professional and Confidential Employees of the City," and approve the Second Amendment to Memorandum of Understanding Between the City of Poway and the Safety Employees Effective July 1, 2004. Motion carried 4-0 with Councilmember Emery absent. CITY MANAGER ITEMS 8. City Manager Bowersox provided Council with a brief State Budget Update. (0150-50) MAYOR AND CITY COUNCIL-INITIATED ITEMS 14A. Mayor Cafagna provided Council with a brief Regional Governance update. (0150-20) ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:13 p.m. upon motion by Councilmember Rexford, seconded by Councilmember Goldby. Motion carried 4-0 with Councilmember Emery absent. CX~, GAAAA 2~ Loti Anne Peoples, City lerk City of Poway 8109