CC 1998 06-30 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
JUNE 30, 1998
The June 30, 1998, 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, Jay Goldby, Betty Rexford, Don Higginson
COUNCILMEMBERS ABSENT AT ROLL CALL
Bob Emery
STAFF MEMBERS PRESENT
Jim Bowersox
Lori Peoples
Steve Eckis
Peggy Stewart
Bob Thomas
Mark Weston
Steve Streeter
Randy Williams
Warren Sharer
Mark Sanchez
John Falconer
Penny Riley
Ron Mittag
Patricia Nelson
Scott Nespor
City Manager
Assistant City Clerk
City Attorney
Director of Administrative Services
Director of Community Services
Director of Engineering Services
Acting Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
SherifFs Captain
Assistant to the City Manager
Economic Development Manager
Management Aide
Management Assistant
PLEDGE OF ALLEGIANCE
Deputy Mayor Goldby led the Pledge of Allegiance.
PRESENTATIONS
Mayor Higginson presented a Proclamation declaring July 1998 as Parks and
Recreation Month to Lori Simmons, Chairperson and Chuck Cross, Vice-
Chairperson of the Parks & Recreation Advisory Committee.
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Council accepted a $1000 Donation for new library from Arline Bartick, President,
and members of the Poway Enyaam Lion's Club.
Mayor Higginson presented a plaque to Mark S. Weston, Engineering Services Director,
for his exemplary service to the City of Poway, from August 4, 1988 until July 3, 1998.
Mark has accepted a position as District Engineer with the Helix Water District.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There was no
one present wishing to speak.
CONSENT CALENDAR
Mayor Higginson stated he had received requests to remove Item Nos. 23 and 33.2 from
the Consent Calendar.
Motion by Councilmember Goldby, seconded by Councilmember Rexford to approve the
Consent Calendar as follows:
18.
Ratification of Warrant Register for periods of June 1-5 and June 8-12, 1998.
(401-10)
19. Approval of investment Report through May 31, 1998.
(408-01 )
20.
Resolution No. 98-065 - Adopting an Appropriations Limit for Fiscal Year 1998-99
as required by Government Code Section 7910. (401-23)
21.
Approval of Minutes - City Council
June 16, 1998 - Regular Meeting
June 23, 1998 - Cancelled Meeting
24.
Award of Bid for annual supply of chemicals for use at the Water Treatment Plant
as follows: A) Carus Chemical - Potassium Permanganate $12,810.60; B) Rhodia -
Alum $29,728.00; C) All Pure Chemical Company - Chlorine $24,443.28 and Jones
Chemical - Sodium Hydroxide $19,189.44. (601-03)
25.
Acceptance of the Oveday Program 1997-98 Street Maintenance Project from
Asphalt, Inc.(407-4320) (602-01 #1217)
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26.
Resolution No. P-98-38 - Temporary Use Permit 98-31, City of Poway, applicant:
A request for approval of an Old-Fashioned Poway Fourth of July celebration at Old
Poway Park with notice of fireworks event at Poway High School Stadium. (203-07)
27.
Authorization to contract with Darnell & Associates, Inc. for Traffic Engineering
Technician Services. (602-01 #1192)
28.
Approval of Fourth Amendment to Agreement with Comprehensive Housing
Services, Inc. for administration of the Community Development Block Grant
Housing Rehabilitation Program. (602-01 #1052)
29.
Approval of Second Amendment to Agreement with Construction Quality Assurance
Group for provision of Inspection and Construction Management Services to the
Community Development Block Grant (CDBG) Housing Rehabilitation Program.
(602-01 #1147)
30.
Approval of Contract Amendment and Extension for the Affordable Housing
Assistance and Referral Program with North County Lifeline ("Lifeline") and adoption
of Resolution Nos. 98-066 and R-98-12. (602-01 #145R)
31. Authorization to Execute an Agreement with the County of San Diego to Provide
Animal Control Services from FY 1998-99 through FY 2002-2003. (602-01 #90)
32.
Approval of Agreement between the California Department of Fish and Game and
the City of Poway for Interpretive Services at Blue Sky Ecological Reserve.
(602-01 #1006)
33.
Project Application for Winter 1998 Storm Damage Reimbursement from the
Federal Emergency Management Agency (FEMA) and the State of California.
Adopted Resolution No. 98-067. (1501-10)
33.1
Allocation of $32,000 in Funds for YMCA PRYDE Program at Meadowbrook Middle
School for FY98-99 and Approval of Second Amendment to Agreement.
(602-01 #1050)
33.3
Award of Bid for Espola Road Improvements from Cloudcroft Drive to Blue Sky
Preserve (#5284) to Archer Western Contractors, Ltd. in the amount of $1,178,870.
(602-01 #281R)
33.4 Proposed New Classification Specification for Seasonal Parks/Open Space Worker.
(503-03)
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Motion carried 4-0 with Councilmember Emery absent.
ITEM lA (203-08)
CONDITIONAL USE PERMIT 91-08M(2)
DEVELOPMENT REVIEW 98-16
APPLICANT: COUNTRY MONTESSORI SCHOOL
Mayor Higginson opened the public hearing. Overview by City Manager Bowersox. This
is a request to add a 2,880 square food modular classroom to the two acre school complex
located at 12642 Monte Vista Road and to increase the limit for the maximum student
enrollment from 150 to 180. At the June 16, 1998 public hearing, a petition of opposition
was received and a spokesperson for the group cited concerns with school noise and
traffic. The applicant was directed to meet and discuss the proposal with neighbors and
address the concerns expressed. Two meetings were held at the school. Acting Planning
Services Director Streeter summarized the conditions for approval as modified since the
item was first heard. The school has revised their request to a maximum student
enrollment of 165 and agreed to the following: install timers on the air conditioners to insure
they are turned off during the day and at night; remove the basketball hoop located in the
front parking lot; if not required to construct an 8 foot high masonry wall, install fast
growing, evergreen shrubs along the southerly property line for a dense landscape buffer.
The following persons were present and spoke to the item:
Len Wall, 12762 Via La Gardenia, spoke in opposition to the proposed installation
of a 8 foot wall which would block his views and expressed concerns with the potential of
lighting on the rear of the new structure shining into his yard.
Luther Roberts, 12739 Via La Gardenia, expressed concerns with the need to
survey the southern property line and possible future expansion. He then submitted a
letter in opposition from Mr. Joseph B. Thomas, III, 12714 Via La Gardenia.
Dorothy Gesick, Administrator of County Montessori School, addressed the
concerns of the prior speakers.
Helen Robbins-Meyer, 14270 Trailwind Rd., spoke in support.
Dorothea Wall, 12726 Via La Gardenia stated she did not want a block wall
installed, and requested the greenbelt trees stay.
Beth Taylor, 12741 Via Sandras, spoke in support.
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Steve Meyer, 14270 Trailwind Rd., spoke in support.
Jeffery Schipper, 12347 Mesa Crest Rd., spoke in support.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to adopt
Planning Resolution No. P-98-39, entitled, "A Resolution of the City Council of the City of
Poway, California Approving Conditional Use Permit 91-08M(2) and Development Review
98-16 Assessor's Parcel Number 275-460-62," the wall installation to be triggered by sound
study not complaints and inclusion of lighting restrictions to the rear of the building. Motion
carried 4-0. Emery absent.
ITEM 1 (205-04)
1998-99 BUDGET REVISIONS
Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. As
in prior years, there are a few end-of-the-fiscal-year adjustments which are necessary.
Staff is now projecting that fiscal year 1998-99 will close with a General Fund surplus of
$550,749. As at midyear, the largest portion of this increase is due to development
activity. The General Fund expenditure level increased from an approved budget of
$17,942,758 to $18,870,021. The major components of this increase are in Planning and
Engineering and are directly related to contractual costs for development activities. The
Financial Program for fiscal year 1998-99 will increase from the approved total of
$39,493,290 to $40,160,366 for the City, and from $5,251,500 to $5290,330 for the
Redevelopment Agency. Staff recommends adoption of the Resolution approving the
midyear budget revisions.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to close the
public hearing and adopt Resolution No. 98-068, entitled, "A Resolution of the City Council
of the City of Poway, California, Approving Budget Amendments for Fiscal Year 1997-1998
and 1998-1999." Motion carried 4-0. Councilmember Emery absent.
ITEM 2 (705-07)
SETTING ASSESSMENTS FOR 1998-99
LANDSCAPE MAINTENANCE DISTRICT 83-1
ITEM 3 (705-09)
SETTING ASSESSMENTS FOR 1998-99
LANDSCAPE MAINTENANCE DISTRICT 86-1
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ITEM 4 (705-11)
SETTING ASSESSMENTS FOR 1998-99
LANDSCAPE MAINTENANCE DISTRICT 86-2
ITEM 5 (705-12)
SETTING ASSESSMENTS FOR 1998-99
LANDSCAPE MAINTENANCE DISTRICT 86-3
ITEM 6 (705-14)
SETTING ASSESSMENTS FOR 1998-99
LANDSCAPE MAINTENANCE DISTRICT 87-1
ITEM 7 (705-10)
SETTING ASSESSMENTS FOR 1998-99
POWAY LIGHTING DISTRICT
Mayor Higginson opened the public hearing to allow public input for landscape
maintenance district assessments to be collected on the San Diego County Tax Roll for
fiscal year 1998-99. Staff report by City Manager Bowersox. Pursuant to SB 1977,
(Proposition 218), all public notification requirements have been met.
There was no one present wishing to speak on LMD 83-1.
Councilmember Cafagna left the Council Chambers.
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to close the
public hearing and adopt Resolution No. 98-069, 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 1998/99." Motion
carried 3-0. Councilmembers Cafagna (out of room), and Emery absent.
Councilmember Cafagna returned to the Council Chambers.
Mayor Higginson requested any outstanding ballots for LMD 86-1 be submitted.
There was no one present wishing to speak and no additional ballots were submitted.
Director of Public Services Williams stated that the ballots received for LMD 86-1 were 5
yes and 10 no. The proposed annexation failed. In-lieu assessments from Green Valley
Estates, Phase 1, will continue to be collected from Green Valley Estates HOA at the
current rate set by approval of resolution excluding the 35 parcels balloted for annexation.
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Motion by Mayor Higginson, seconded by Councilmember Goldby, to close the public
hearing and adopt Resolution No. 98-070, 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 1998/99." Motion carried 4-0
with Councilmember Emery absent.
Mayor Higginson requested any outstanding ballots for LMD 86-2 be submitted.
The following person was present wishing to speak:
Craig Walker, 13572 Sunset View Rd. (Eagle Point project) spoke in opposition to
the proposed increase.
No additional ballots were submitted.
Director of Public Services Williams stated that the ballots received for LMD 86-2A were
12 yes and 30 no (failed) and for LMD 86-2B the ballots were 46 yes and 18 no (passed).
Motion by Mayor Higginson, seconded by Councilmember Cafagna, to close the public
hearing and adopt Resolution No. 98-071, 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 1998/99." Motion carried 4-0
with Councilmember Emery absent.
Mayor Higginson requested any outstanding ballots for LMD 86-3 be submitted.
There was no one present wishing to speak and no additional ballots were submitted.
Director of Public Services Williams stated that ballots received for LMD 86-3A were 23 yes
and 50 no (failed) and for LMD 86-3B the ballots totaled $2,954.48 yes and $0 no
(passed).
Motion by Mayor Higginson, seconded by Councilmember Goldby, to close the public
hearing and adopt Resolution No. 98-072, 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 1998/99." Motion carried 4-0
with Councilmember Emery absent.
There was no one present wishing to speak on LMD 87-1,
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Motion by Mayor Higginson, seconded by Councilmember Cafagna, to close the public
hearing and adopt Resolution No. 98-073, 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 1998-99." Motion carried 4-0
with Councilmember Emery absent.
There was no one present wishing to speak on the Poway Lighting District.
Motion by Councilmember Goldby, seconded by Councilmember Cafagna, to close the
public hearing and adopt Resolution No. 98-074, entitled, "A Resolution of the City Council
of the City of Poway, California, Establishing Assessments for the Poway Lighting District
to be collected on the Property Tax Roll for Fiscal Year 1998-99." Motion carried 4-0 with
Councilmember Emery absent.
ITEM 8 (602-01 #279R)
BROOKVIEW SENIOR HOUSING PARTNERS
SAN DIEGO INTERFAITH HOUSING FOUNDATION
Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The
Agency approved and Exclusive Negotiating Agreement with Brookview Senior Housing
Partners to negotiate a Disposition and Development Agreement for Agency-owned
property known as the Brookview site. The Agency desires to develop the site with senior
apartments affordable to Iow-and moderate-income households. The Disposition and
Development Agreement would accomplish this by providing a long-term ground lease for
the development at a nominal rate. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to close the
public hearing and adopt Resolution No. 98-075, entitled, "A Resolution of the City Council
of the City of Poway, California, Making Certain Requisite Findings Regarding the
Proposed Disposition and Development Agreement By and Between the Poway
Redevelopment Agency, Brookview Senior Housing Partners and San Diego Interfaith
Housing Foundation." Motion carried 4-0 with Councilmember Emery absent.
ITEM 9 (1110-05)
RESPONSE TO PUBLIC ORAL COMMUNICATION
STREET MAINTENANCE AND REPAIRS
Staff report by City Manager Bowersox. On June 2, 1998, Mr. Glenn Hayen reported that
road work in front of the elementary schools endangered the safety of children attending
classes. Staff confirmed that the contractor was working in the area, contrary to City policy
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that limits work in and around school zones to pedods when children are not present. Staff
met with the contractors to emphasize and enforce City policy. Staff recommends the
report be received and filed.
Council concurred to receive and file the report.
ITEM 10 (1180-05)
APPROPRIATION OF FUNDS
CHAMBER OF COMMERCE VISITORS SERVICES
Staff report by City Manager Bowersox. The Chamber of Commerce is requesting
additional funds of $828.30 and the approval to use remaining FY 1997-98 funds for
increased staff time resulting from an increase in visitors services provided by Chamber
staff. Staff recommends approval of the request.
Motion by Councilmember Goldby, seconded by Councilmember Cafagna, for approval.
Motion carried 4-0 with Councilmember Emery absent.
ITEM 11 (1180-05)
FISCAL YEAR 1998-99 BUDGET
POWAY CHAMBER OF COMMERCE VISITORS SERVICES
Staff report by City Manager Bowersox. The Chamber is requesting an appropriation of
$15,750 for Fiscal Year 1998-99 to implement projects and activities to attract visitors and
shoppers to Poway and strengthen the business community. Staff recommends approval.
Motion by Mayor Higginson, seconded by Councilmember Cafagna, for approval. Motion
carried 4-0 with Councilmember Emery absent.
ITEM 12 (209-05)
QUARTERLY REPORT
ECONOMIC DEVELOPMENT SUBCOMMITTEE
The report provides a summary of economic development activities for the period of
January through March 1998 and the 1998 Economic Development Work Program as
compiled by the Economic Development Subcommittee and the Economic Development
Department. Staff recommends the report be received and filed.
Council concurred to receive and file the report.
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ITEM 14 (203-08)
UNDERGROUND UTILITIES (CUP 97-11)
DISCOVERY ISLE CHILD DEVELOPMENT CENTER
Councilmember Rexford disqualified herself and left the room.
Staff report by City Manager Bowersox. On January 20, 1998, the City Council approved
a childcare center to be constructed on the southeast corner of the intersection of
Pomerado Road and Creek Road. One of the project conditions of approval required that
all existing and proposed utility service be installed underground. The applicant has
requested the project be granted a waiver from the undergrounding requirement because
the costs are substantial and the project area is served primarily by overhead utilities. Staff
thinks there are unusual circumstances associated with the property which include: location
in a Iow density rural residential area served by overhead service; City guidelines would
allow a waiver if the use was non-profit, a residential development or a residential
subdivision creating only one additional lot; costs for undergrounding or paying an in-lieu
fee is substantial given the marginal length of undergrounding that would be accomplished.
Staff requests Council make a determination on whether a deferral or phasing of the
undergrounding improvements is an acceptable option for the project.
Motion by Councilmember Goldby, seconded by Councilmember Cafagna, to defer the
project undergrounding requirements over a pedod of time; developer to complete on-site
trenching and installation of conduit for future undergrounding prior to final occupancy;
developer to complete actual undergrounding within 36 months of the issuance of a
certificate of occupancy for the building. Motion carried 3-0. Councilmember Rexford
disqualified. Councilmember Emery absent.
Councilmember Rexford reentered the Council Chambers.
ITEM 15 (701-11)
MILK PRICING IN CALIFORNIA
Staff report by City Manager Bowersox. Council heard a presentation on June 2, 1998 by
Audrie Krause of the Mad About Milk! Coalition on the regulatory and milk pricing policies
for the State of California. Council requested staff place an item on a subsequent agenda
for possible action. It is recommended that the report be received and filed.
Council concurred to receive and file the report.
ITEM 16 (701-09)
DOG PARK LIGHTING COMMITTEE
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Staff report by City Manager Bowersox. The major funding for the lighting portion of the
dog park came from private contributions and fundraising events held by the Dog Park
Fundraising Committee. Staff recommends Bob Burkhardt, Chairman of the committee
and other members of the committee be recognized for their exceptional commitment to
the project. Additionally, staff is recommending those who donated a minimum of $100 or
served on the committee be recognized on a plaque to be installed at the park and letters
be sent by the Mayor recognizing and thanking each contributor.
Bob Burkhardt introduced other committee members who were present at the
meeting and thanked staff for their support.
Motion by Councilmember Goldby, seconded by Councilmember Cafagna, in favor of
staff's recommendation. Motion carried 4-0 with Councilmember Emery absent.
ITEM 17 (402-05)
LIBRARY MEETING ROOM POLICY/FEES
Motion by Councilmember Goldby, seconded by Councilmember Cafagna, to adopt
Resolution No. 98-076, entitled, "A Resolution of the City Council of the City of Poway,
California Establishing a Use Policy and a Schedule of Fees for the Poway Community
Library Meeting Room and Patio." Motion carried 4-0 with Councilmember Emery absent.
ITEM 23 (704-13)
DENIAL OF CLAIMS
This item was pulled from the Consent Calendar by request of claimant for 23A.
Speaking in opposition to staff recommendation on Item 23A:
Constance Messina, 12643 Oak Knoll Road
City Attorney Eckis explained that Council action to deny the claim is required as part of
the legal process.
Motion by Mayor Higginson, seconded by Councilmember Cafagna, to deny the claims of
Constance Messina and Chades D. Surh. Motion carried 3-1 with Councilmember Goldby
voting "no" and Councilmember Emery absent.
ITEM 33.2 (601-03)
REJECTION OF BID
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Staff report by City Manager Bowersox. Staff is recommending all bids be rejected and the
closed video camera system be readvertised and rebid as bids received were non-
responsive.
Motion by Mayor Higginson, seconded by Councilmember Cafagna, to reject all bids and
authorize staff to readvertise. Motion carried 4-0 with Councilmember Emery absent.
CITY MANAGER ITEMS
City Manager Bowersox commended Engineering Services Director Weston on his,
"almost" ten years of service to the City.
City Manager Bowersox then recognized the contributions of Public Services Director
Williams and announced that he had submitted his resignation effective August 7, 1998.
CITY ATTORNEY ITEMS
City Attorney Eckis requested two closed sessions pursuant to Government Code Section
54957 for performance evaluations of the City Attorney and Assistant City Clerk as listed
under the Mayo(s agenda item. No special findings need to be made and no report out
is required.
MAYOR AND CITY-COUNCIL INITIATED ITEMS
Motion by Councilmember Goldby to direct the City Attorney to bring a recommendation
back to the Joint Powers Insurance Agency with regards to claimant Constance Messina.
Motion died for lack of a second.
Councilmember Goldby requested a grace period be allowed during the bidding process
for those who arrive a minute or two late.
38A.
Councilmember Goldby requested Council concurrence to direct staff to prepare an
ordinance for Council consideration regarding limiting the sale of Methamphetamine
chemicals. Council concurred.
39.
Councilmember Rexford announced that after three years, the SANDAG Board has
approved the self certification of the Housing Element by each City.
40. Mayor Higginson requested staff work with the school district to arrange some
program to encourage parents to pick up their children after Grad night functions.
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CLOSED SESSION
Mayor Higginson called for a closed session at 9:00 as requested by the City Attorney.
ADJOURNMENT
Mayor Higginson called the meeting back to order at 10:20 p.m. and adjourned it on motion
by Councilmember Goldby, seconded by Councilmember Cafagna and reminded the City
Council that, pursuant to the adopted calendar, the meeting of July 7, 1998 is cancelled.
Lor~ Anne Peoples, AsSistant City Clerk
City of Poway
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