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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. 6393 Page 2 - CITY OF POWAY - June 30, 1998 Bo 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) 6394 Page 3 - CITY OF POWAY - June 30, 1998 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) 6395 Page 4 - CITY OF POWAY - June 30, 1998 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. 6396 Page 5 - CITY OF POWAY - June 30, 1998 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 6397 Page 6 - CITY OF POWAY - June 30, 1998 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. 6398 Page 7 - CITY OF POWAY - June 30, 1998 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, 6399 Page 8 - CITY OF POWAY - June 30, 1998 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 6400 Page 9 - CITY OF POWAY - June 30, 1998 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. 6401 Page 10 - CITY OF POWAY - June 30, 1998 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 6402 Page 11 - CITY OF POWAY - June 30, 1998 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 6403 Page 12 - CITY OF POWAY - June 30, 1998 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. 64O4 Page 13 - CITY OF POWAY - June 30, 1998 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 64O5