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CC 1996 04-02 CITY OF POWAY, CALIFORNIA NINUTES OF THE CITY COUNCIL REGULAR MEETING APRXL 2, 1996 The April 2, lgg6, regular meeting of the City Council of the City of Poway, was called to order at 7:02 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEHBERS PRESENT AT ROLL CALL Mickey Cafagna, Susan Callery, Betty Rexford, Don Higginson COUNCILMEMBERS ABSENT AT ROLL CALL Bob Emery STAFF MEMBERS PRESENT James Bowersox Steve Eckis John Fitch Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Sharer Mark Sanchez Michael Putnam Alan Fulmer Brad Kutzner City Manager City Attorney Assistant City Manager Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Redevelopment Services Director of Safety Services Performing Arts Manager Sheriff's Captain Senior Civil Engineer PLEDGE OF ALLEGIANCE Deputy Mayor Cafagna led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. There was no one present wishing to speak. PROCLAMATION Mayor Higginson declared April, 1996 as "Emergency Preparedness Month" and presented the proclamation to Director of Safety Services Sanchez. EMPLOYEE SERVICE AWARD Mayor Higginson presented a ten year service award to Reba Wright-Quastler, Director of Planning Services. 5770 Page 2 - CITY OF POWAY - April 2, 1996 CONSENT CALENDAR Motion by Councilmember Callery, seconded by Councilmember Cafagna to approve the Consent Calendar as follows: 10. Approval of Minutes - City Council March 5, 1996, Regular Meeting 12. Ratification of Warrant Register for period of March 11-15, 1996(401-10) 13. Denial of Claim for Damages: Frank Nunez (704-13) 14. Adoption of Resolution No. P-96-22, entitled, "A Resolution of the City Council of the City of Poway, California approving Temporary Use Permit 96-14", Enyaam Lions Club/Culpepper and Merriweather Circus, applicants, for a big top circus on April 5, 1996 in a tent with a capacity of 1,000 spectators, concession trailers, animals and related circus equipment on 15 acres, west side of McIvers Court, north of Stowe Drive. (203-07) 15. Receive and file Update on the Status of the Mortgage Credit Certificate Program. (602-01 #1010) 15.1 Approval of the following positions on pending legislation: support AB 2228 having to do with property tax revenue allocations; support AB 2406 which would allow for the extension of the 10 and 11 percent marginal tax rates to provide revenue for the Educational Revenue Augmentation Fund; support AB 2828 which provides local agency fiscal relief; support SB 1865 and SB 2072 which would limit local agencies' contribution to the Educational Revenue Augmentation Fund; oppose SB 1626 which requires each redevelopment agency to make in-lieu property tax payments to other taxing agencies; support AB 3357 which deletes liability to public agencies for injuries caused by wild animals or insects; support AB 2400 which provides a method to deal with part-time employees in the Public Employees Retirement System; support AB 2974 which is a mechanism to collect booking fees from convicted criminals; and support SB 1535 which would extend the sunset date for the Recycling Market Development Zone program. {701-11) Motion carried 4-0 with Councilmember Emery absent. ITEM 5 (701-04) ORDINANCE NO. 45g/FIRST READING DOG PARK/RULES & REGULATIONS Mayor Higginson opened the public hearing and read the title of Ordinance No. 459, "An Ordinance of the City of Poway, California amending Chapter 9.48 of the Poway Municipal Code," to allow dogs off leash in the dog park. 5771 Page 3 - CITY OF POWAY - April 2, 1996 Staff report by City Manager Bowersox. The parks and recreation rules and regulations are also proposed for revision including a new section with swimming pool regulations; use of alcohol; hours of operation of recreation facilities; prohibiting skateboards and bicycles on common walkways; facility rental policies; and minor changes to fishing and boating regulations. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Mayor Higginson to waive further reading and continue the public hearing to April 16, 1996 for second reading of Ordinance 459, and adopt Resolution No. 96-022, entitled, "A Resolution of the City of Poway, California Adopting Rules and Regulations for Operation of City of Poway Recreational Facilities and Rescinding Resolution No. 91-109." Motion carried 4-0 with Councilmember Emery absent. ITEM 6 (701-04) ORDINANCE RE LIGHTED TENNIS COURTS Mayor Higginson opened the public hearing. City Manager Bowersox stated staff is recommending a continuance of the Ordinance amending the standards for lighted tennis courts in order to allow additional analysis of light bulb standards. There was no one present wishing to speak. Motion by Mayor Higginson, seconded by Councilmember Callery to continue this item to April 30, 1996. Motion carried 4-0 with Councilmember Emery absent. ITEM 7 (705-13) INTEGRATED FINANCING DISTRICT 96-01 HIGH VALLEY ROADS Item introduced by City Manager Bowersox. On February 27, 1996, the City Council approved the Preliminary Engineer's Report for the Integrated Financing District 96-1. Staff has received significant comment during the 45-day comment period regarding the assessments, methodology, and cost components and staff has taken these into consideration in preparing this report. Staff report by Director of Engineering Services Weston. He stated the costs have increased 25% since the original estimates in January, 1995, largely due to the need for a two-inch overlay rather than a chip seal. He explained the funding sources and the appropriation among the various zones with the resultant proposed assessment amounts. Speaking in favor of staff recommendation: DeAnne Erickson, 15051Vali Hai Road Dick Horne, 15123 Vali Hai Road 5772 Page 4 - CITY OF POWAY - April 2, 1996 Larry Aker, 14850 Eastvale Road Daniel Steussy, 15249 Eastvale Road Speaking in opposition to staff recommendation: Gary Pennock, 15261 Vali Hal Road, is opposed to the use of three assessment units as a cap for large parcels. Motion by Councilmember Cafagna, seconded by Councilmember Rexford to direct staff to open bids on April 9, 1996 and incorporate the construction cost into the Final Engineer's Report; direct the Assessment Engineer to incorporate changes in costs, revenues, and methodology into the final Engineer's Report; and set a public hearing for April 16, 1996. Motion carried 4-0 with Councilmember Emery absent. ITEM 8 (405-00) HALLMARK CIRCUITS, INC. INDUSTRIAL REVENUE BONDS Staff report by City Manager Bowersox. The City Council created the Poway Industrial Development Authority in 1995 and the IDA has received its first application for Industrial Development Bonds from Hallmark Circuits, Inc. They plan to build a 75,000 square foot facility on three lots they purchased in Parkway Business Centre. The use of these bonds provide financing approximately 2% below prime and is an important economic development incentive. Motion by Councilmember Callery, seconded by Councilmember Cafagna to adopt Resolution 1-96-01, entitled, "Resolution of the Industrial Development Authority of the City of Poway Approving the Application of Hallmark Circuits, Inc." Motion carried 4-0 with Councilmember Emery absent. ITEM 9 (1402-01) PERFORMING ARTS FOUNDATION PROPOSAL FOR PROGRAMMING Staff report by City Manager Bowersox. The Performing Arts Foundation, a private, non-profit corporation created by the City Council, proposes a three- year agreement to assume the direct responsibility for the presentation of all professional arts and entertainment events at the Performing Arts Center. The City would redirect $100,000 of the funds it ordinarily expends itself to the Foundation. Staff recommends approval. Speaking in favor of staff recommendation: Dave Clark, 12765 Cherrywood Street, Performing Arts Foundation Board member, explained the plan they are proposing. 5773 Page 5 - CITY OF POWAY - April 2, 1996 Motion by Councilmember Rexford, seconded by Councilmember Cafagna to accept the proposal and direct staff to enter into a 3-year agreement beginning July 1, 1996 under the terms proposed. Motion carried 4-0 with Councilmember Emery absent. CITY ATTORNEY ITEMS 17. City Attorney requested a closed session pursuant to Government Code Section 54956.6 for a conference with the City Manager as labor negotiator regarding the Poway Non-Safety Employees. MAYOR AND CITY COUNCIL-INITIATED ITEMS 18. Councilmember Cafagna asked if it is possible to have CalTrans install a sign on 1-15 regarding the Poway Road car dealerships. Director of Engineering Services Weston stated staff is looking into this. 22A. Mayor Higginson announced appointments to the Budget Review Committee for the 1996-97 budget, as follows: Merrilee Boyack (Councilmember Callery); Roger Willoughby {Councilmember Rexford); Jay Goldby (Councilmember Cafagna); and David Janssen (Mayor Higginson). 22B. Mayor Higginson announced he is appointing Evelyn Frazier to the Redevelopment and Housing Advisory Committee. CLOSED SESSION Mayor Higginson called for a closed session at 8:40 p.m. as requested by the City Attorney. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at g:20 p.m. with all Councilmembers present except Councilmember Emery who was absent from the meeting. He adjourned the meeting on motion by Councilmember Cafagna, seconded by Councilmember Callery. Marjorie~K. Wahlsten, City Clerk City of Poway 5774