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CC 2005 07-05CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JULY 5, 2005 The July 5, 2005, 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 City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT Merrilee Boyack, Don Higginson, Betty Rexford, and Mickey Cafagna COUNCILMEMBERS ABSENT Bob Emery STAFF MEMBERS PRESENT Penny Riley Lisa Foster Diane Shea Warren Shafer Robert Clark Niall Fritz Jim Howell Deborah Johnson Mark Sanchez Charlie Campe Kristen Crane Paolo Romero Javid Siminou Assistant City Manager Associate City Attorney City Clerk Director of Administrative Services Director of Community Services Director of Development Services Director of Public Works Director of Redevelopment Services Director of Safety Services Sheriff's Captain Assistant to the City Manager Management Assistant City Engineer FLAG SALUTE Councilmember Higginson led the flag salute. CITY COUNCILMEMBER ANNOUNCEMENTS Councilmember Boyack spoke on the successful 4`h of July event in the city. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedures for Public Oral Communications. There was no one present wishing to speak. 8435 Page 2 — CITY OF POWAY — July 5, 2005 CONSENT CALENDAR Items 6 through 15.2. Motion by Councilmember Rexford, seconded by Councilmember Boyack, to approve the Consent Calendar. 6. Ratification of Warrant Register for the period of June 6 through June 10, 2005. 7. Approval of Minutes — City Council (0475 -20) June 14, 2005 Regular Meeting 9. Approval of City's Investment Report as of May 31, 2005. (0450 -80) 10. Award of Bid to C -18, Inc., in the amount of $167,540.30 for the 2004 -2006 Citywide Striping Improvements Project (407 -4330 — Bid No. 05 -017). (0700 -10) 11. Award of Contract to I Love a Clean San Diego in the amount of $10,000 for Environmental Education Services. (0700 -10) 12. Award of Contract to Aramark Uniform Services in the amount of $40,000 for Uniform Rental and Cleaning Services. (0700 -10) 13. Award of Bid to West Coast General Corporation in the amount of $1,897,763 for the base bid and $389,932 for the four additive bid alternates for a total award amount of $2,281,695 for the Pomerado Road Sound Wall Project ( #1290 Bid No. 05 -016). The location of the sound wall will be on Pomerado Road 200 feet north of Kaitz Street to 200 feet south of Monte Vista Road and on the west side of Pomerado Road, south of Holland Road. (0700 -10) 14. Adoption of Resolution No. 05 -073, entitled: "A Resolution of the City Council of the City of Poway, California, Approving the Submittal of an Application for Disaster Relief Financial Assistance Under Public Law 93 -288 and /or the California Disaster Assistance Act." (0320 -50) 15. Award of Bid to Benchmark Landscape, Inc., for LMD 83 -1A, B & C; award of bid to Heaviland Enterprises, Inc., for LMDs 86 -1, 86 -3A & B, LMD 87 -1, including the Poway Road medians, one mini -park, the Poway Center for the Performing Arts, the Library/Sheriff's sites, and the City's pump /reservoir sites; award of bid to LaBahn's Landscaping for LMD 86 -2A & B, including two mini parks; and authorize staff to execute the contract documents. Total cost for the first year of the contracts is $848,436. (0700 -10) 15.1 Approval of proposed revisions to the Performing Arts Advisory Committee Charter increasing the membership from 9 to 11 members. (0120 -50) Page 3 — CITY OF POWAY — July 5, 2005 15.2 Approval of appropriation of additional funds in the amount of $122,290 for the Avenida Florencia -Via Del Toro Neighborhood Loan Program for Sewer Improvements due to the addition of participating property owners and final project scope of work. (0490 -85) Motion carried 4 -0 with Deputy Mayor Emery absent. CONTINUED PUBLIC HEARINGS ITEM 1 (0210 -80/ #612) ORDINANCE NO. 621 — SECOND READING ZONING ORDINANCE AMENDMENT 05 -03 GENERAL PLAN AMENDMENT 05 -03 DRIVEWAY SLOPE REQUIREMENTS POWAY MUNICIPAL CODE AMENDMENT 05 -01 AMENDS SECTION 17.08.170 AND 15.24.170 APPLICANT: CITY OF POWAY Mayor Cafagna opened the public hearing. On June 21, 2005, the City Council introduced and had the first reading of Ordinance No. 621 and reviewed the Environmental Assessment and General Plan Amendment (GPA 05 -03), a City generated General Plan Amendment to the Community Development Element of the General Plan regarding modifications to the maximum graded area standard. Dee Fleischman, 14428 Midland Road, Poway, spoke in opposition. Motion by Councilmember Higginson, seconded by Councilmember Rexford, to close the public hearing, waive further reading (unanimous vote) and adopt Ordinance No. 621 entitled, "An Ordinance of the City of Poway, California, Approving Zoning Ordinance Amendment (ZOA) 05 -03 to Amend Section 17.08.17 of the Poway Municipal Code (PMCA 05 -01) Reducing the City's Maximum Road and Driveway Slope Requirements from 25% to 20% and an Amendment to Section 15.24.170 Fire Apparatus Access Roads — Specifications Reducing the Slope of Fire Access Roadways from 25% to 20 %" and adopt Resolution No. 05 -072 entitled "A Resolution of the City Council of the City of Poway, California, Amending the Community Development Element of the General Plan of the City of Poway General Plan Amendment (GPA) 05 -03," approving with conditions. Motion carried (roll call vote) 4 -0 with Deputy Mayor Emery absent. I Page 4 — CITY OF POWAY — July 5, 2005 ITEM 2 (0940 -25/ #622) ORDINANCE NO. 622 — SECOND READING AMENDS PMC SECTION 13.03.010 SEWER SERVICE CHARGES & RATES ITEM 3 (0930 -25/ #623) ORDINANCE NO. 623 — SECOND READING AMENDS PMC SECTION 13.11.010 WATER SERVICE CHARGES & RATES Mayor Cafagna opened the public hearing. On June 21, 2005, the City Council introduced and had first reading of Ordinance No. 622 amending the Poway Municipal Code regarding schedule of sewer services charges and establishing rates, and Ordinance No. 623 amending the Poway Municipal Code regarding water services charges and establishing rates. Poway, opposed water and sewer rate increases. Motion by Councilmember Higginson, seconded by Councilmember Rexford, to close the public hearings, waive further reading (unanimous vote) and adopt Ordinance No. 622 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 adopt Ordinance No. 623 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." Motion carried (roll call vote) 4 -0 with Deputy Mayor Emery absent. PUBLIC HEARING ITEM 4 (0200 -60) TENTATIVE TRACT MAP (TTM) 01 -02 12664 COBBLESTONE CREEK ROAD APN: 316- 071 -06 APPLICANT: JEFF FISK Mayor Cafagna opened the public hearing. Assistant City Manager Riley and Director of Development Services Fritz presented the staff report. Approval of this project would subdivide a 5.6 -acre property at 12664 Cobblestone Creek Road, within the Rural Residential C zone, into five (5) one -acre residential lots and a lettered lot to contain a public sewer pump station. The property is partially located within the floodway and floodplain of Beeler Creek. The project would result in the upgrade of the existing water main and the extension of a new sewer main to the site and the Cobblestone Creek neighborhood. Cobblestone Creek Road and Cobblestone Creek Trail would be widened to 20 feet. ] Page 5 — CITY OF POWAY — July 5, 2005 Michael Marika, 12806 Beeler Creek Trail, Poway, voiced concerns about storm drain runoff and how it is diverted to the creek, and asked if there were any buffer zones planned. Bob Blizzard, 12691 Cobblestone Creek Road, Poway, wanted assurances that the roadway paving would be consistent and that the bridge could withstand the heavy construction vehicles use. Motion by Councilmember Rexford, seconded by Councilmember Boyack, to close the public hearing, and approve the Mitigated Negative Declaration and Tentative Tract Map (TTM) 01- 02, and adopt Resolution No. P -05 -49 entitled, "A Resolution of the City Council of the City of Poway, California, Approving a Mitigated Negative Declaration and Tentative Tract Map (TTM) 01 -02 Assessor's Parcel Number 316 - 071 -06" approving with conditions. Motion carried 4 -0 with Deputy Mayor Emery absent. STAFF REPORTS ITEM 5 (0700 -10) POWAY CENTER FOR PERFORMING ARTS FOUNDATION APPROVAL OF PROGRAMMING AGREEMENT FY2005 -06 AND FY2006 -07 Assistant City Manager Riley presented the staff report. This is a request to approve the two - year programming with the private non - profit Poway Center for the Performing Arts Foundation. The agreement will be in effect until June 30, 2007. Henry Korn, Executive Director of the Foundation, 15498 Espola Road, Poway, thanked the City Council for their support and handed out the 2005 -2006 season program for the Center. Motion by Councilmember Rexford, seconded by Councilmember Boyack, to approve the proposed Programming Agreement with the Poway Centerforthe Performing Arts Foundation and authorize the annual subsidy of $211,000 for FY 05/06 and $221,000 for FY 06/07, consistent with the City's Financial Plan. Motion carried 4 -0 with Deputy Mayor Emery absent. CITY MANAGER ITEMS 16. Assistant City Manager Riley introduced Associate Attorney Lisa Foster sitting in for City Attorney Tamara Smith. MAYOR AND CITY COUNCIL — INITIATED ITEMS 18. Councilmember Boyack reported that the Metro Commission /JPA is moving forward on the cost allocation study. ZE Page 6 — CITY OF POWAY July 5, 2005 19A. Councilmember Rexford asked for and received City Council concurrence for the appointment of Cheryl Goodman Schwarzman as a member to the Community Fine Arts Advisory Committee. (0120 -20) Councilmember Rexford inquired if there are any grants the City or Redevelopment Agency can offer to limited income residents to help offset the increase in sewer and water rates. ADJOURNMENT Mayor Cafagna announced that the Adjourned Regular City Council meeting of July 7, 2005 has been canceled, and the Regular City Council meeting of July 12, 2005 has been cancelled. The next City Council meeting will be held on July 19, 2005. The Mayor adjourned the meeting at 7:40 p.m. L. Diane Shea City Clerk City of Poway, California