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CC 2005 08-02 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 2, 2005 The August 2, 2005, Regular Meeting of the City Council of the City of Poway, was called to order at 7:02 p.m. by Mayor Cafagna at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT Merrjlee Boyack, Betty Rexford, and Mickey Cafagna COUNCILMEMBERS ABSENT Bob Emery and Don Higginson STAFF MEMBERS PRESENT James L. Bowersox Tamara Smith Diane Shea Warren Shafer Jim Bentz Niall Fritz Jim Howell Deborah Johnson Charlie Campe Kristen Crane Paolo Romero FLAG SALUTE Mayor Cafagna led the flag salute. PRESENTATIONS City Manager City Attorney City Clerk Director of Administrative Services Community Services Manager Director of Development Services Director of Public Works Director of Redevelopment Services Sheriff's Captain Assistant to the City Manager Management Assistant Mayor Cafagna presented a plaque in recognition of Pomerado Publishing's 50th Anniversary to David Calvert, Calvert Communications, Inc., owner and operator, and congratulated them for achieving this historic milestone. CITY COUNCILMEMBER ANNOUNCEMENTS Councilmember Rexford reported on her attendance at a League of California Cities meeting. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedures for Public Oral Communications. There was no one present wishing to speak. 8449 Page 2 - CITY OF POWAY - August 2,2005 CONSENT CALENDAR Items 8 through 17. Council member Boyack noted her disqualification on item 13 due to a conflict of interest. Because of a lack of a quorum on item #13, no action was taken and the item was continued to August 16th agenda. Motion by Councilmember Rexford and seconded by Councilmember Boyack to approve the Consent Calendar items 8-12, and 14-17. 8. Ratification of Warrant ReQister for the period of June 20 through June 24, 2005. (0475-20) 9. Approval of Minutes - City Council July 5, 2005 Regular Meeting July 7,2005 Canceled Adjourned Regular Meeting July 12, 2005 Canceled Regular Meeting 10. Approval of Minutes - Redevelopment Agency July 5, 2005 Regular Meeting July 7,2005 Canceled Adjourned Regular Meeting July 12, 2005 Canceled Regular Meeting 11. Approval to Escheat Monev in Treasury as requested by staff. (0475-20) 12. Adoption of Resolution No. 05-078, entitled: "A Resolution of the City Council of the City of Poway, California, designating Voting Delegate and Alternates to the California Joint Powers Insurance Authoritv (JPIA) and Rescinding Resolution No. 04-064." (0140-15) 13. Acceptance of Improvements and Release of Securities for Deer Canvon Development, Inc. associated with MDRA 02-04; Grading Bond No. 827730S in the amount of$129, 120; Performance Bond No. 827729S in the amount of $250,942 and Payment Bond No. 827729S in the amount of $125,471. Michael Dec, Applicant. APNs: 321-230-87 through 90. (0200-25) Councilmember Boyack disqualified herself from this item because of a conflict of interest where she receives income from the owners/residents of real property located within 500 feet of the property being discussed. Due to a lack of quorum of available members of the City Council to discuss and vote on this issue, the item was continued to the August 16, 2005 City Council meeting. 14. Approval of Release of Grading Securities, Grading Bond No. 29-28-04 in the amount of $361 ,650 and a cash security of $40,000 for Toppan Optical Products. Inc.. Howard Craig, Applicant. CUP 99-11/DR 99-13R. APN: 323-090-87. (0210-30) 15. Approval of proposed amendment to the Parks and Recreation Advisory Committee Charter changing the meeting schedule from monthly to bimonthly. (0120-40) 8450 Page 3 - CITY OF POWAY - August 2,2005 16. Authorization to reject bid for the Landscape Maintenance District Concrete Construction Proiect (Bid No. 05-018). (0480-42) 17. Approval of proposed reclassification of the vacant Special Assessment District Specialist position to Public Works Program Coordinator, change of job description for Public Works Program Coordinator classification, and authorize the appropriation of $6,832 from the Unappropriated Landscape Maintenance Districts source funds. (051~50) Motion carried 3-0, with Deputy Mayor Emery and Councilmember Higginson absent. PUBLIC HEARINGS ITEM 1 (0490-75) TAXATION FOR IMPROVEMENT DISTRICTS FISCAL YEAR 2005-2006 Mayor Cafagna opened the public hearing and City Manager Bowersox presented the staff report. In order to have the bond principal and interest for Fiscal Year 2005-2006 collected on the tax roll, it is necessary for the City Council to approve the rates for the bond issues and to notify the County of San Diego of the amount to be levied. There was no one present wishing to speak on this matter. Motion by Councilmember Rexford and seconded by Councilmember Boyack to close the public hearing and adopt Resolution 05-074 entitled, "A Resolution of the City Council of the City of Poway, California, Estimating the Amount Necessary to be Raised for Taxation for the Fiscal Year 2005-2006 for Improvement Districts of the City Formerly Known as Poway Municipal Water District." Motion carried 3-0, with Deputy Mayor Emery and Councilmember Higginson absent. ITEM 2 (0760-10) SETTING SPECIAL TAX RATE TO BE LEVIED SOUTH POWAY COMMUNITY FACILITIES DISTRICT NO.1 FISCAL YEAR 2005-2006 Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report. Under the covenants of the bonds for Community Facilities District No.1, it is necessary to hold a public hearing in order to establish the amount of the special tax to be assessed on property within the District for Fiscal Year 2005-2006. There was no one present wishing to speak on this matter. 8451 Page 4 - CITY OF POW A Y - August 2, 2005 Motion by Council member Rexford and seconded by Councilmember Boyack to close the public hearing and adopt Resolution 05-075 entitled, "A Resolution of the City Council of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied on Property Within the South Poway Community Facilities District NO.1 for Fiscal Year 2005- 2006." Motion carried 3-0, with Deputy Mayor Emery and Councilmember Higginson absent. ITEM 3 (0760-10) SETTING SPECIAL TAX RATE TO BE LEVIED COMMUNITY FACILITIES NO. DISTRICT 88-1 FISCAL YEAR 2005-2006 Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report. Under the covenants of the bonds for Community Facilities District No. 88-1, it is necessary to hold a public hearing in order to establish the amount of the special tax to be assessed on property within the District for Fiscal Year 2005-2006. There was no one present wishing to speak on this matter. Motion by Council member Rexford and seconded by Councilmember Boyack to close the public hearing and adopt Resolution 05-076 entitled, "A Resolution of the City Council of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied on Property Within the Community Facilities District No. 88-1 for Fiscal Year 2005-2006." Motion carried 3-0, with Deputy Mayor Emery and Councilmember Higginson absent. ITEM 4 (0490-75) ESTABLISHING FIRE PROTECTION TAX, STREET & WATER & SEWER ASSESSMENTS ROAD IMPROVEMENT ASSESSMENTS FISCAL YEAR 2005-2006 Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report. It is necessary for the City Council to adopt a resolution establishing taxes, fees and assessments to be collected on the tax rolls for Fiscal Year 2005-2006. There was no one present wishing to speak on this item. Motion by Councilmember Rexford and seconded by Council member Boyack to close the public hearing and adopt Resolution 05-077 entitled, "A Resolution of the City Council of the City of Poway, California, Establishing the Fire Protection Tax, the Street and Water and Sewer Assessments, and the Road Improvement Assessments to be Collected on the Property Tax Rolls for Fiscal Year 2005-2006." Motion carried 3-0, with Deputy Mayor Emery and Council member Higginson absent. 8452 Page 5 - CITY OF POWAY August 2,2005 ITEM 5 (0710-05) TOWN HALL MEETING PREPARATIONS Councilmember Boyack gave an overview of her vision of a town hall meeting. Dee Fleischman, 14428 Midland Road, supports the idea of a town meeting and would like to see the complete staff report and minutes available after the meeting. Council modified the proposed schedule to add additional question and answer/public input time and decided the topics to be discussed as Development in Powa~ and Redevelopment. The date of the Town Hall Meeting will be determined at the August 30 City Council meeting. ITEM 6 (0200-20) SOUTH POWAY BUSINESS PARK DEVELOPMENT REVIEW ANNUAL REPORT City Manager Bowersox presented the staff report. In September 1996, the City Council delegated to staff the approval of Development Review (DR) applications forthe south Poway Specific Plan area. Annually, staff has reported to the City Council on Development Review approval activity. The staff report contains an annual summary of all approvals from January 1, 1999 through December 31, 2004. There was no one present wishing to speak. The City Council received and filed the report. ITEM 7 (1000-10) BEAUTIFICATION OF UTILITY BOXES THROUGH LOCAL ARTISTS City Manager Bowersox presented the staff report. Mayor Cafagna read Deputy Mayor Emery's comments that he submitted in view of his absence from the Council meeting. After Council discussion, it was decided to wait on a decision until after the completion of the Fine Arts Center and construction is finished on schools to determine if beautification of utility boxes fit into those areas. Dee Fleischman, 14428 Midland Road, said the boxes could encourage graffiti. Motion by Councilmember Boyack, seconded by Councilmember Rexford, to bring this item back to the City Council in six months. Motion carried 3-0, with Deputy Mayor Emery and Councilmember Higginson absent. 8453 Page 6 - CITY OF POW A Y August 2, 2005 MAYOR AND CITY COUNCIL-INITIATED ITEMS 20. Councilmember Boyack suggested the City place a large banner on Poway Road in front of the library announcing community events. 21. Councilmember Rexford said the City's 25th Anniversary Committee is looking into placing banners on light poles commemorating the City's 25th Anniversary and will be visiting the City of Encinitas to view the banner program in their downtown area. , Councilmember Rexford questioned why some residents receive permission from City staff to perform construction work on Sunday. City Manager Bowersox clarified certain work is allowed on Sundays according to the Code but must have permission of the City Engineer. 24. Mayor Cafagna asked for and received concurrence for the appointment of Jeff Lake to the Redevelopment and Housing Advisory Committee. (0120-60) Mayor Cafagna gave a restaurant review of the new Pick-Up Stix restaurant. ADJOURNMENT: Mayor Cafagna adjourned the meeting at 7:50 p.m. to August 4, 2005, 6:00 p.m., City Council Chambers, 13325 Civic Center Drive, Poway, California. L. Diane Shea City Clerk City of Poway, California 8454 NOTICE NOTICE IS HEREBY GIVEN THAT THE AUGUST 2, 2005, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: ORDER OF ADJOURNMENT Upon motion by Council member Rexford seconded by Councilmember Rexford, Mayor Cafagna ordered the meeting adjourned to Thursday, August 4, 2005 at 6:00 p.m. in the City Council Chambers, 13325 Civic Center Drive, Poway, Califomia. The time of adjournment was 7:50 p.m. ~l~ Sherrie D. Worrell, Deputy City Clerk CERTIFICATION The undersigned does hereby certify under penalty of perjury, that a copy of the above notice was posted on the Bulletin Board in front of City Hall on August 3, 2005 Dated: August 3, 2005 ~~ Sherrie D. Worrell, Deputy City Clerk