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CC 1997 07-29 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JULY 29, 1997 The July 29, 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. COUNCILMEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Bob Emery, Jay Goldby, Betty Rexford, Don Higginson STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Leonard Zuniga Penny Riley Scott Nespor 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 Lieutenant Assistant to the City Manager Management Assistant PLEDGE OF ALLEGIANCE Deputy Mayor Rexford led the Pledge of Allegiance. Mayor Higginson read a Certificate of Commendation for the Volunteer Patrol Program which currently has 23 volunteers contributing an average of 671 hours per month, and presented it to the several Patrol Members who were present. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. There was no one present wishing to speak. 6124 Page 2 - CITY OF POWAY - July 29, i997 CONSENT CALENDAR City Manager Bowersox stated that staff is pulling Item 12. Councilmember Emery asked to pull Item 17.1. Item 14 is being continued to August 12, 1997 at the request of the applicant. Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the Consent Calendar as follows: Approval of Minutes - City Council May 27, 1997 - Canceled Meeting June 3, 1997 - Canceled Meeting June 10, 1997 - Regular Meeting June 17, 1997 - Regular Meeting Ratification of Warrant Register for period of June 30 - July 4, 1997 and July 7 - July 11, 1997. (401-10) 10. Denial of claim against the City: Automobile Club of Southern California. (704-13) 11. Approval of agreement for legal services with McDougal, Love, Eckis & Grindle. (602-01 #259) 13. Receive and file report regarding Law Enforcement forfeited property and assets program showing $6,180.00 received in 1996-97. (401-17) 14. Continue to August 12, 1997, Minor Development Review 97-36 (Hillside/Ridgeline), Mr. & Mrs. Mike Cattolico, applicants: request to construct a 3,300 square foot two- story home and detached 700 square foot shop building at 15706 Boulder Mountain Road in the Rural Residential C zone. (NOTE: Staff is not recommending approval of the detached shop building). (Continued from July 15, 1997, Item 10.t'12~3-10) 15. Authorization to purchase furniture for the new library using the City of Carlsbad's furniture order. (601-04) 16. Approval of the Metropolitan Sewage System South Bay Subsystem Engineering Study. (1503-17) 17. Approval of the Metropolitan Sewage System's Dairy Mart Bridge Cost Sharing Proposal. (1503-17) 17.3 Approval of the following positions on pending legislation: support AB 915 which 6125 Page 3 - CITY OF POWAY - July 29, 1997 would add roller blading to the list of hazardous recreational activities for which public agencies enjoy limited liability protection; support AB 762 which would require any person convicted of a first DUI to complete a drug education and counseling program; support SB 609 which would give the ABC authority to place conditions on a liquor license at time of transfer; support AB 783 which would require a 15 day alcoholic beverage license suspension for the first violation involving a sale of alcohol to a minor; and oppose AB 1615 which would increase the mandatory life of initial tentative subdivision maps from two to three years and would extend all existing maps by one year. (701-11) Motion carried unanimously. ITEM 1 (701-04) ORDINANCE NO. 479/SECOND READING DISCHARGE OF WATER SOFTENER BRINE Mayor Higginson read the title of Ordinance No. 479, "An Ordinance of the City of Poway, California Rescinding Poway Municipal Code Section 13.05.090, Discharge of Water Softener Brines Prohibited, and 13.10.060, Regulation of Brine Discharge to Sewage System, for Industrial Wastewater Pretreatment Program." There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford to close the public hearing; waive further reading; and adopt Ordinance No. 479. Motion carded unanimously on a roll call vote. ITEM NO. 2A (805-03) GUIDE TO LANDSCAPE REQUIREMENTS ITEM NO. 2B (701-04) ORDINANCE NO. 480/FIRST READING LANDSCAPING REQUIREMENTS Mayor Higginson opened the public hearing and read the title of Ordinance No. 480, "An Ordinance of the City of Poway, California Amending Certain Sections of Title 16 (Subdivision and Other Land Use Regulations) of the Poway Municipal Code (ZOA 97-02)." Staff report by Director of Planning Services Wdght-Quastler. Staff has updated the City's Guide to Landscape Requirements which is required by AB 325. Technical changes have 6126 Page 4 - CITY OF POWAY - July 29, 1997 been made to incorporate current landscape industry standards. Other changes include a greater requirement on the use of Iow volume water systems, the use of reclaimed water where available, and limiting large areas of turf in non-active use areas. The development chapter of the Poway Municipal Code has been revised to clarify the need to have landscape plans approved by the City. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Emery to adopt Resolution No. 97-069, entitled, '% Resolution of the City Council of the City of Poway, California, Amending the City of Poway Guide to Landscape Requirements," waive further reading of Ordinance No. 480 and set second reading for August 12, 1997. Motion carded unanimously. ITEM NO. 3 (1110-05) 24 HOUR POTHOLE RESPONSE Staff report by City Manager Bowersox. Public Services staff has started a new program to handle citizen pothole complaints whereby they commit to repair them within 24 hours. Council thanked staff for this program and concurred to receive and file the report. ITEM 4 (1160-01) PALISADES DRIVE & ARBOLITOS DRIVE Staff report by Director of Engineering Services Weston. On January 14, 1997, the City Council approved three all-way stops in the Palisades/Arbolitos area and requested a six- month follow-up. Staff recommends no additional action on these streets. Elaine Flynn, 14138 Arbolitos Drive, thanked the City Council for their assistance. She stated there is a very noticeable improvement in speed reduction; however a continued Sheriff's presence is essential. Council concurred to receive and file the report. ITEM 5 (1160-01 ) CRESTWOOD AVENUE TRAFFIC CONDITIONS Staff report by Director of Engineering Services Weston. On January 14, 1997, the City 6127 Page 5 - CITY OF POWAY - July 29, 1997 Council approved two stop signs and parking restrictions in the Crestwood Avenue area. They requested additional centedine striping, staff evaluation of painted chokers, and a six month follow-up. In contacting other jurisdictions, staff has learned that painted chokers are not an effective deterrent for speeding and recommends that no additional action be taken. Council concurred to receive and file the report. ITEM 6 (1110-01) SCENIC TURNOUT ON SCRIPPS POWAY PARKWAY Staff report by Director of Engineering Services Weston. During grading of the Scripps Poway Parkway one section of a fill slope was widened approximately twenty feet when a surplus of fill material was produced with the intent of making a scenic turnout. The location will also have a call box and a minimum of 5 parallel parking stalls. Staff recommends approval of the turnout construction as part of the Parkway construction. Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve staff recommendation. Motion carried unanimously. ITEM 12 (602-01 #1214) AWARD OF BID/POMERADO ROAD BIKE LANE Item introduced by City Manager Bowersox. Staff report by Director of Engineering Services Weston. A protest was received from the second lowest bidder because of the amount of subcontracting proposed to be done by the Iow bidder. Staff has researched and found that the subcontracting equals 48% of the bid, which is below the 50% limitation. They met with the contractor to be sure they understood the scope of work and determined that the Iow bidder meets the requirements. Motion by Councilmember Emery; seconded by Councilmember Rexford to award the Pomerado Road Bike Lane and overlay project to Castello, Inc. in the amount of $818,154.50 and waive the mathematical error detected in the bid. Motion carried unanimously. ITEM 17.1 (602-01 #1215) MCGRAW/BALDWIN ARCHITECTS DESIGN POWAY CENTER FOR THE PERFORMING ARTS 6128 Page 6 - CITY OF POWAY - July 29, 1997 Staff report by City Manager Bowersox. Councilmember Cafagna requested doors from the lobby to the courtyard of the Performing Arts Center. Improved access to the courtyard will provide opportunities for social and catered events. A necessary element is the upgrade to the lighting system in the courtyard. Staff recommends a design contract be awarded to McGraw/Baldwin Architects for this work. Councilmember Emery stated he had pulled this from the Consent Calendar to ask about coordination between this item and his request for beverage service carts. Director of Community Services Thomas stated that the carts will be in service by the season opener on September 6. Motion by Councilmember Cafagna, seconded by Councilmember Emery to approve staff recommendation. Motion carried unanimously. ClTY MANAGERITEMS 18. City Manager Bowersox reported that the developer of the Old Coach Golf Estates will be shutting down the water service north of Espola Road for 8 hours to tie in their water system to the Boca Raton reservoir. It will be from 10 p.m. to 6 a.m. on July 31. Signs have been placed in the neighborhood and the Poway News Chieftain is publishing a notice. Council requested that the shut-down be delayed in order for individual notice to be given. CITY ATTORNEY ITEMS City Attorney Eckis requested closed sessions to discuss existing litigation in the case of Poway Land v. City of Poway, San Diego Superior Court Case No. 701895; and Poway Royal Mobile Home Owners Association v. City of Poway, San Diego Superior Court Case No. 682581. MAYOR AND CITY COUNCIL-INITIATED ITEMS 23A. Councilmember Rexford stated she got samples of economic development newsletters from other cities at the League seminar in Monterey last week and suggested staff explore doing something similar. Councilmember Cafagna suggested a section in Poway Today be devoted to economic development. 23B. Councilmember Rexford asked about updates to the pamphlets regarding planning fees and procedures. Director of Planning Services Wright-Quastler stated that they are being done with the help of SANDAG through their local technical assistance program. 6129 Page 7 - CITY OF POWAY - July 29, 1997 21D. Councilmember Emery stated his questions regarding the new mobile homes in Poinsettia Mobile Home Park have been answered. They are scheduled to be installed the end of August. 21C. Councilmember Emery stated he had received a letter from residents on Old Espola Road protesting the name change of the portion of their street off Espola Road to Chabad Way. The change was made by staff at the request of the Chabad rabbi and the residents were not notified. He scheduled it for Council discussion and there were several persons present to speak. Speaking in favor of leaving the name as Old Espola Road: Jim Murray, 16947 Old Espola Road Eileen Murray, 16947 Old Espola Road Sue McNabb, 16951 Old Espola Road Martin McNabb, 16951 Old Espola Road Speaking in favor of the name change to Chabad Way Bob Doyle, 13449 Whitewater Drive Rabbi Goldstein, 16934 Chabad Way Ray Poliakoff, 13334 Calle Colina Joseph Zaslow, 12865 Oakfield Way Joe Goetz, 13163 Paseo Del Verano, San Diego, stated he is a Holocaust survivor and the one who suggested the name change in memory of his family and others who did not survive the Holocaust. Jacqueline Julianelli, 8607 Robleda Court, San Diego Sue Bodow, 13123 Polvera, San Diego, co-chair of the Chabad building committee stated they had followed the procedure set out by the City to change the name. Sam Hoffman, 16624 Martincoit, President of the Chabad congregation showed Thomas Bros. maps from 1954 to the present and offered to erect a sign showing Old Espola Road. Clifford Schechter, 16334 Avenida Florencia Council asked staff to explain the process of renaming a street. The procedure that was distributed before the meeting is for a private read. Director of Planning Services Wright- Quastler stated that the procedure distributed is used for both public and private. People whose addresses will be changed are notified. There was no notification in this case because no addresses were changed except the Chabad's. 6130 Page 8 - CITY OF POWAY - July 29, 1997 Council concurred that dual signage would be appropriate and apologized to the residents for the lack of communication. Motion by Councilmember Emery, seconded by Mayor Higginson to appoint a subcommittee of Councilmember Emery and Councilmember Cafagna to meet with a representative of the residents and the Chabad and staff to work out a compromise with dual signage, and a recommendation for a revised street naming policy. Motion carried unanimously. 21B. Councilmember Emery requested his item regarding City's access to the Internet be continued to the next meeting. CLOSED SESSION Mayor Higginson called for a closed session as requested by the City Attorney at 8:45 p.m. He stated he would not be attending the closed session. Deputy Mayor Rexford called the meeting back to order at 9:50 p.m. with all Councilmembers present except Mayor Higginson and adjourned the meeting on motion by Councilmember Emery, seconded by Councilmember Cafagna. Marjor!e'l~. Wahlsten, City Clerk City of PoWay 6131