CC 1997 07-01 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
JULY 1, 1997
The July 1, 1997, regular meeting of the City Council of the City of Poway, was
called to order at 7:00 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic
Center Drive, Poway, California.
COUNClLMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Jay Goldby, Betty Rexford, Don Higginson
COUNCILMEMBERS ABSENT AT ROLL CALL
Bob Emery
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
John Falconer
Penny Riley
Peter Moore
City Manager
City Clerk
City Attorney
Director of Community Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Sheriff's Captain
Assistant to the City Manager
Deputy Dir. of Administrative Services
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the Pledge of Allegiance.
Mayor Higginson presented Plaques of Appreciation to Howard Maher for service on the
Budget Advisory Committee and Janice Rubacky, Senior Issues Committee. Other former
Committee members who were not present to receive their plaques included: Carol
Chostner, Bruce Hamilton and Bill Rickles of the Budget Review Committee; Linda Oravec
and Victoria Hahn of the Housing Commission; and Mary Mitchell of the Redevelopment
& Housing Advisory Committe.
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PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There was no
one present wishing to speak.
CONSENT CALENDAR
Councilmember Rexford requested that Item 11 be pulled for discussion. Motion by
Councilmember Cafagna, seconded by Councilmember Rexford to approve the Consent
Calendar as follows:
9. Ratification of Warrant Register for period of June 9-13, 1997.
(401-10)
10. Approval of Investment Report for period ending May 31, 1997.
(408-01)
12.
Adoption of Resolution No. 97-050, entitled, "A Resolution of the City Council of the
City of Poway, Califomia, Authorizing Execution of Real Property Acquisition Grant
Agreement with California Wildlife Conservation Board for $100,000 to Assist in the
Purchase of 16 Acres of Land Adjacent to Blue Sky Ecological Reserve."(401-30)
13.
Award of bid for annual supply of chemicals for use at the Water Treatment Plant:
Kemwater North American Company - Alum $28,334.00; All Pure Chemical
Company - Liquid Chlorine $17,505.00; Van Waters & Rogers - Potassium
Permanganate $12,414.60; and Commerce Chemical Company - Sodium
Hydroxide $15,174.00. (601-03)
14.
Adoption of Resolution No. P-97-33, entitled, "A Resolution of the City Council of the
City of Poway, California Approving Temporary Use Permit 97-38," City of Poway,
applicant, for approval of an Old-Fashioned Poway Fourth of July celebration at Old
Poway Park and notice of the fireworks event at the Poway High School Stadium.
(203-07)
14.1
Award of bid for the Seal Coat Program, 1997-98 Street Maintenance Program to
Manhole Adjusting Contractors, Inc. in the amount of $951,837.45.
(602-01 #1210)
Motion carried 4-0 with Councilmember Emery absent.
ITEM 1 (205-02)
COMPREHENSIVE FINANCIAL PLAN
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Staff report by City Manager Bowersox. This is the third meeting to discuss the 1997-98
and 1998-99 budget.
Kathy Shawl, 13239 Ann-O-Reno Lane, asked why a portion of the library endowment fund
is being expended in this budget. The endowment fund management plan was approved
in April, 1994 and quarterly status reports were promised. The Friends of the Library and
library staff were to have input into the expenditures.
City Manager Bowersox stated that the interest on the endowment fund was approved as
a funding soume in the multi-year budget presented by staff last year when the City Council
discussed how the new library operation would be funded.
Joye Davission, 13733 Celestial Road, representing the Friends of the Library, requested
the formation of a Library Advisory Committee.
Councilmember Goldby asked where the library endowment fund came from. City
Manager Bowersox explained the funding sources, including $100,000 left by Bill Crawford.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to close the public
hearing and adopt the following Resolutions:
Resolution No. 97-051, entitled "A Resolution of the City Council of the City of Poway,
California, Approving and Adopting the Annual Budget for the Fiscal Years 1997-98 and
1998-1999 and Appropriating the Funds Necessary to Meet the Expenditures Set Forth
Therein."
Resolution No. 97-052 entitled, "A Resolution of the City Council of the City of Poway,
Determining that the Arbolitos Sports Fields Project(#5640) is of Benefit to the Paguay
Redevelopment Project."
Resolution No. 97-053 entitled, "A Resolution of the City Council of the City of Poway,
Determining that the Old Poway Park Railroad Restoration Project (#5641) is of Benefit to
the Paguay Redevelopment Project."
Resolution No. 97-054 entitled, "A Resolution of the City Council of the City of Poway,
Determining that the Silverset Park Shade Structure (#5642) is of Benefit to the Paguay
Redevelopment Project."
Resolution No. 97-055 entitled, "A Resolution of the City Council of the City of Poway,
Determining that the Community Park Playground Project (#5643) is of Benefit to the
Paguay Redevelopment Project."
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Resolution No. 97-056 entitled, "A Resolution of the City Council of the City of Poway,
Determining that the Starridge Park Playground Project (#5644) is of Benefit to the Paguay
Redevelopment Project."
Resolution No. 97-057 entitled, "A Resolution of the City Council of the City of Poway,
Determining that the North Basin Sewer Pump Force Main Study (#5802) is of Benefit to
the Paguay Redevelopment Project."
Resolution No. 97-058 entitled, "A Resolution of the City Council of the City of Poway,
Determining that the Dog Park Netting Project (#5639) is of Benefit to the Paguay
Redevelopment Project."
Motion carried 4-0 with Councilmember Emery absent.
Mayor Higginson stated he would take the following items out of order since there were
people present wishing to speak.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
17.
Councilmember Cafagna stated he has received a letter from Beverly Andreos
regarding employment opportunities for disabled young adults in Poway. Her son
has graduated from the Poway High School Transition Program and she has found
resistance from many businesses to provide jobs, although she credited several in
the community that have supported the Transition Program hidng needs. A recently
formed support group for the parents of older special needs children is focusing on
encouraging local businesses to open the door of employment opportunities.
Councilmember Cafagna stated he has spoken with Bud Wiederrich, President of
the Chamber of Commerce, about the possibility of involving the Chamber in the
effort to assist these youths.
Laura Estremera, 12203 Green Tree Road, coordinator of the Transition Program
for 18-22 year old developmentally disabled youths, spoke about the difficulty of
finding them jobs.
Beverly Andreos, 14362 High Valley Road, thanked Councilmember Cafagna for his
concern and for placing this on the agenda for discussion.
Council concurred the City will assist where possible to educate employers about
the need. This could include articles in Poway Today and direct mailing to the
owners in the Business Park.
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ITEM 8 (704-10)
PUBLIC NUISANCE/LA MANDA DRIVE
Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. On
May 22, 1997, a Notice to Clean Premises was sent by certified mail to the property owner,
Shekufeh Pathlevan and Effat Boluri et al, concerning the public nuisance that exists on
the vacant lot on La Manda Drive (Assessor's Parcel Number 314-370-25). Mattresses,
pieces of metal, concrete, tree branches, trash and miscellaneous debris have been
dumped on this property. The notice was returned as "moved, left no address." Staff
recommends this property be declared a public nuisance, the City clean the property and
charge the cost of the abatement to the property owner.
Speaking in favor of staff recommendation:
Priscilla Baker, 15254 Hilltop Circle, stated the property won't stay cleaned up
because of a driveway down to a hidden area. She requested the access be cut off and
"no dumping" signs posted.
Motion by Councilmember Rexford, seconded by Councilmember Cafagna to close the
public headng; adopt Resolution No. 97-066, entitled, "A Resolution of the City Council of
the City of Poway, California Declaring the Vacant Lot on La Manda Drive a Public
Nuisance, Ordering the Removal of all Trash, and Debris,
Assessor's Parcel Number 314-370-25," and directed staff to place rocks to block the
access and charge that cost to the property owner. Motion carried 4-0 with
Councilmember Emery absent.
ITEM 2 (705-07)
SETTING ASSESSMENTS FOR 1997-98
LANDSCAPE MAINTENANCE DISTRICT 83-1
ITEM 3 (705-09)
SETTING ASSESSMENTS FOR 1997-98
LANDSCAPE MAINTENANCE DISTRICT 86-1
ITEM 4 (705-11)
SETTING ASSESSMENTS FOR 1997-98
LANDSCAPE MAINTENANCE DISTRICT 86-2
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ITEM 5 (705-12)
SETTING ASSESSMENTS FOR 1997-98
LANDSCAPE MAINTENANCE DISTRICT 86-3
ITEM 6 (705-14)
SETTING ASSESSMENTS FOR 1997-98
LANDSCAPE MAINTENANCE DISTRICT 87-1
ITEM 7 (705-10)
SETTING ASSESSMENTS FOR 1997-98
POWAY LIGHTING DISTRICT
Mayor Higginson stated this is the second public hearing to allow public input for landscape
maintenance district assessments to be collected on the San Diego County Tax Roll for
fiscal year 1997-98.
There was no one present wishing to speak.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to close the public
hearings and adopt the following Resolutions:
Resolution No. 97-059 entitled. "A Resolution of the City Council of the City of Poway,
California, Establishing Assessments for Landscape Maintenance District 83-1 to be
Collected on the Property Tax Roll for Fiscal Year 1997/98."
Resolution No. 97-060 entitled "A Resolution of the City Council of the City of Poway,
California, Establishing Assessments for Landscape Maintenance District 86-1 to be
Collected on the Property Tax Roll for Fiscal Year 1997/98."
Resolution No. 97-061 entitled "A Resolution of the City Council of the City of Poway,
California, Establishing Assessments for Landscape Maintenance District 86-2 to be
Collected on the Property Tax Roll for Fiscal Year 1997/98."
Resolution No. 97-062 entitled "A Resolution of the City Council of the City of Poway,
California, Establishing Assessments for Landscape Maintenance District 86-3 to be
Collected on the Property Tax Roll for Fiscal Year 1997/98."
Resolution No. 97-063 entitled "A Resolution of the City Council of the City of Poway,
California, Establishing Assessments for Landscape Maintenance District 87-1 to be
Collected on the Property Tax Roll for Fiscal Year 1997/98."
Resolution No. 97-064 entitled "A Resolution of the City Council of the City of Poway,
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California, Establishing Assessments for the Poway Lighting Distdct to be collected on the
Property Tax Roll for Fiscal Year 1997/98."
Motion carried 4-0 with Councilmember Emery absent.
ITEM 7.1 (602-01 #1207)
GREEN VALLEY ESTATES HOMEOWNERS ASSOCIATION
LANDSCAPE MAINTENANCE AGREEMENT/LMD 86-1
Staff report by City Manager Bowersox. This public hearing was continued from June 24,
1997. The Green Valley Estates Homeowners' Association is requesting that LMD 86-1
maintain landscape improvements within the rights-of-way of their development. Phase
II properties are part of the LMD, but Phase I proposes to pay Association Fees "in lieu of
assessments" for Phase I at a per parcel rate equivalent to the District assessments
collected from Phase II.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the
public hearing and adopt Resolution No. 97-065, entitled, "A Resolution of the City Council
of the City of Poway, California Approving the Execution of the Landscape Maintenance
Agreement between the City Landscape Maintenance District LMD 86-1 and green Valley
Estates Homeowners' Association." Motion carried 4-0 with Councilmember Emery absent.
ITEM 8.1 (602-01 #1211)
SOLID WASTE JOINT POWERS AUTHORITY
Staff report by City Manager Bowersox. On June 10, 1997, the City Council agreed that
the City's interests could be best served by continuing to work with the cities of Del Mar,
Encinitas, Lemon Grove, National City, Solana Beach, and Vista, all former members of
the San Diego Solid Waste Management Authority. Staff recommends that the City
Council authorize the City Manager to sign consulting contracts with Lin Wurbs Consulting
and Tom Webster and Associates and appropriate $34,400 from the General Fund with
reimbursement of $28,200 to be received from the other cities. The consultants will
prepare documents for a Solid Waste Joint Powers Authority and plans for a North County
transfer station.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to approve staff
recommendation. Motion carried 4-0 with Councilmember Emery absent.
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ITEM 8.2 (701-04)
ORDINANCE NO. 477/URGENCY
JUVENILE CURFEW
Mayor Higginson opened the public hearing and read the title of Ordinance No. 477, "An
Ordinance of the City of Poway Repealing Chapter 9.24 of the Poway Municipal Code and
Enacting a new Chapter 9.24 Regarding Curfew and Declaring the Urgency Thereof."
Staff report by City Attorney Eckis. On June 9, 1997, the United States Ninth Circuit Court
of Appeals ruled that the City of San Diego's juvenile curfew ordinance was
unconstitutional. Poway's existing juvenile curfew ordinance is substantially similar to San
Diego's and the Sheriff's Department has been instructed to not enforce our ordinance.
Staff is proposing a new ordinance to be adopted as an urgency measure and effective
immediately that addresses the defects found by the Court. It makes it unlawful for a minor
to be present in a public area during curfew hours; changes the hours from 11 p.m. to 5
a.m.; and provides exceptions. The ordinance is used as probable cause to contact an
individual.
Sheriff's Captain Falconer stated that they received 12 juvenile related calls the past two
nights and the enforcement calls have increased since they quit enforcing the prior
ordinance.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the
public hearing, waive further reading, and adopt Ordinance No. 477. Motion carried 4-0
with Councilmember Emery absent.
ITEM 11 (1180-05)
POWAY CHAMBER OF COMMERCE
VISITOR ENHANCEMENT PROGRAM BUDGET
Councilmember Rexford stated she had pulled this item from the Consent Calendar in
order to ask some questions about the program. Staff report by City Manager Bowersox.
The Poway Chamber of Commerce is requesting an apprepdation of $12,375 for 1997-98
to implement projects and activities to attract visitors and shoppers to Poway. Director of
Redevelopment Services and City Manager Bowersox answered her questions.
Motion by Mayor Higginson, seconded by Councilmember Rexford to approve the budget
in the amount of $12,375 for 1997-98. Motion carried 4-0 with Councilmember Emery
absent.
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MAYOR AND CITY COUNCIL-INITIATED ITEMS
19. Councilmember Goldby commended Pomerado Hospital for their 20th anniversary
celebration at Lake Poway on Sunday.
21. Mayor Higginson reported that Supervisor Ron Roberts had reported to the
SANDAG Board regarding the gas price issue and requested staff place this on next
week's agenda.
Mayor Higginson adjourned the meeting at 8:20 p.m. on motion by Councilmember
Rexford, seconded by Councilmember Cafagna.
Marj4rie ~Wahlsten, City Clerk
City ~.poway
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