CC 1998 08-04 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
AUGUST 4, 1998
The August 4, 1998, regular meeting of the City Council of the City of Poway, was
called to order at 7:00 p.m., by Deputy Mayor Goldby at the City Council Chambers, 13325
Civic Center Drive, Poway, California.
COUNClLMEMBERS PRESENT AT ROLL CALL
Bob Emery, Jay Goldby, Betty Rexford
COUNCILMEMBERS ABSENT AT ROLL CALL
Don Higginson
Mickey Cafagna (Councilmember Cafagna arrived at 7:10 p.m.)
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
Peggy Stewart
Bob Thomas
Reba Wright-Quastler
Randy Williams
Warren Shafer
Mark Sanchez
John Falconer
Penny Riley
Scott Nespor
City Manager
City Clerk
City Attorney
Director of Administrative Services
Director of Community Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
Assistant to the City Manager
Management Assistant
PLEDGE OF ALLEGIANCE
Councilmember Emery led the Pledge of Allegiance.
PRESENTATION
Deputy Mayor Goldby presented plaques to Director of Public Services Williams who has
accepted a position with Boyle Engineering and is leaving the City on August 7, 1998; and
City Clerk Wahlsten who is retiring effective September 1, 1998. Mr. Williams was
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commended especially for his work as the City's representative on the San Diego County
Water Authority Board. Ms. Wahlsten has been City Clerk since incorporation and this is
her last City Council meeting. (Councilmember Cafagna entered the meeting during the
presentation.)
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The following
person was present wishing to speak:
Juanita Kinyon, 18116 Old Coach Road, stated she participated in the neighborhood
loan program that paid for the paving of Old Coach Road. That road has been destroyed
by the developer of the Old Coach Estates and she requested it either be repaired or the
City return her $5,000.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the
Consent Calendar, as follows:
11. Ratification of Warrant Register for period of July 13-17, 1998.
(401-10)
12. Approval of investment Report through June 30, 1998.
(408-01 )
13.
Approval of Minutes - City Council
July 14, 1998 - Canceled Meeting
July 21, 1998 - Canceled Meeting
15.
Adopted Resolution No 98-082, entitled, "A Resolution of the City Council of the City
of Poway, California Appointing James L. Bowersox as its Representative to the
Board of Directors of the San Diego County Water Authority and Rescinding
Resolution No. 96-009." (1503-03)
16.
Approved retaining Anderson and Brabant, Inc., for an appraisal related to the
refinancing of bonds for Community Facilities District No. 1 for a cost not to exceed
$22,500. (602-01 #1270)
17.
Receive and file report regarding Law Enforcement forfeited property and assets
program showing $3,342 received in 1997-98. (401-17)
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17.1 Award of Bid for the 1998-99 Citywide Striping Project to Paving Contractors, Inc.
in the amount of $141,545.58. (602-01 #1274)
17.2 Approval of Positions on Pending Legislation: support SB 1477 and oppose
AB 2471, (701-11)
Motion carried 4-0 with Mayor Higginson absent.
ITEM I (401-27)
FIRE PROTECTION/STREET IMPROVEMENT
TAX ROLL FOR 1998-99
Deputy Mayor Goldby opened the public hearing. Staff report by City Manager Bowersox.
Annually, the City collects various taxes, fees, charges, and assessments on the tax rolls
by following the procedures set up for such collections by the County. This item is to set
the assessment for Assessment District 96-1 (High Valley Roads) and the neighborhood
loan projects including Creek Road/Stage Stop Drive sewer improvements; Joshua Tree
Court street improvements; Cobblestone Creek bridge and street improvements; Budwin
Lane street improvements; and Old Espola Road sewer improvements.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing and adopt Resolution No. 98-083, entitled, "A Resolution of the City Council
of the City of Poway, California, Establishing the Fire Protection Tax and Street and Sewer
Improvement Assessments to be collected on the Property Tax Roll for Fiscal Year 1998-
1999." Motion carried 4-0 with Mayor Higginson absent. Councilmember Rexford
disqualified herself from voting on the Creek Road portion of the Resolution due to a
conflict of interest.
ITEM 2 (401-27)
COMMUNITY FACILITIES DISTRICT NO. 1
TAX ROLL FOR 1998-99
Deputy Mayor Goldby opened the public hearing. Staff report by City Manager Bowersox.
Annually, the City collects various taxes, fees, charges, and assessments on the tax rolls
by following the procedures set up for such collections by the County. This item is to set
the special tax for South Poway Community Facilities District No. 1 which is the Pomerado
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Business Park. the tax this year is $11.621.56 per net usable acre.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public headng and adopt Resolution No. 98-084, entitled, "A Resolution of the City council
of the City of Poway, Califomia, Setting the Special Tax Rate and the Amount to be Levied
on Property Within the South Poway Community Facilities District No. I for Fiscal Year
1998-1999." Motion carried 4-0 with Mayor Higginson absent.
ITEM NO. 3 (401-27)
COMMUNITY FACILITIES DISTRICT NO. 88-1
TAX ROLL FOR 1998-99
Deputy Mayor Goldby opened the public hearing. Staff report by City Manager Bowersox.
Annually, the City collects vadous taxes, fees, charges, and assessments on the tax rolls
by following the procedures set up for such collections by the County. This item is to set
the special tax for South Poway Community Facilities District No. 88-1 which is the
Parkway Business Centre. The tax this year is $13.491.15 per net usable acre.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing and adopt Resolution No. 98-085, entitled, "A Resolution of the City Council
of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied
on Property Within the South Poway Community Facilities District No. 88-1 (Parkway
Business Centre) for Fiscal Year 1998-1999." Motion carried 4-0 with Mayor Higginson
absent.
ITEM NO. 4 (401-27)
WEED AND NUISANCE ABATEMENT CHARGES
TAX ROLL FOR 1998-99
Deputy Mayor Goldby opened the public headng. Staff report by City Manager Bowersox.
Annually, the City collects various taxes, fees, charges, and assessments on the tax rolls
by following the procedures set up for such collections by the County. This item is to set
the charges from weed and nuisance abatement done by the City's contractor.
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There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford to close the public
hearing and adopt Resolution No. 98-085, entitled, "A Resolution of the City Council of the
City of Poway, California, Approving the Report Prepared for the Collection of Weed and
Nuisance Abatement Charges on the County Tax AssessoCs Roll for the Year 1998-1999."
Motion carried 4-0 with Mayor Higginson absent.
ITEM 5 (401-17)
FEES AT COMMUNITY SWIM CENTER
Deputy Mayor Goldby opened the public hearing. Item introduced by City Manager
Bowersox. Staff report by Director of Community Services Thomas. Fees for members
of the public and swim teams were last revised in 1994. Staff has surveyed fees at other
swim centers in the county and found our fees in need of adjustment. The Parks &
Recreation Committee has discussed this proposal extensively and recommends the
adoption of the revised fee schedule.
John Gleason, 16237 Country Day Road, stated his son swims for the Blue Fins and asked
if the priority system for the swim teams is changed. Director Thomas stated it is not.
Motion by Councilmember Emery, seconded by Councilmember Rexford to close the public
hearing and adopt Resolution No. 98-087, entitled, "A Resolution of the City Council of the
City of Poway, California Establishing a Schedule of Fees for Members of the Public and
Swim Teams for the Poway Community Swim Center and rescinding Resolution No. 94-
050." Motion carried 4-0 with Mayor Higginson absent.
ITEM 6 (203-02)
TENTATIVE PARCEL MAP 98-08
APPLICANT: ANTON PANTONE
Deputy Mayor Goldby opened the public headng. Staff report by City Manager Bowersox.
This is a request to divide 9.11 acres into 3 parcels at 15328 Eastvale Road in High Valley.
Staff recommends approval.
Speaking in favor of staff recommendation:
Paul Johnson, 1317 Calle Scott, Encinitas
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Anton Pantone, 15328 Eastvale
Motion by Councilmember Cafagna, seconded by Councilmember Emery, to close the
public headng and adopt Planning Resolution No. P-98-44, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Tentative Parcel Map 98-08,
Assessor's Parcel Number 278-240-18." Motion carried 4-0 with Mayor Higginson absent.
ITEM 7 (602-01 #601)
REIMBURSEMENT AGREEMENT EXTENSION
LOS LOMAS ESTATES
Deputy Mayor Goldby opened the public hearing. City Manager Bowersox stated there
was an error in the legal noticing for this item and staff recommends continuance to
September 1, 1998.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to continue
consideration of extension of the reimbursement agreement between Los Lomas Estates
and the City of Poway to September 1, 1998. Motion carried 4-0 with Mayor Higginson
absent.
ITEM 8 (401-22)
NEIGHBORHOOD LOAN PROGRAM
ANN-O-RENO LANE
Staff report by City Manager Bowersox. On November 11, 1997, Council asked staff to
work with the residents at the north end of Ann-O-Reno Lane to assist them with the
maintenance of their pdvate road. The work was included as an alternative bid item in the
City Street Maintenance Oveday contract. A neighborhood loan program is proposed to
repay the $10,600.00 cost over a 5 year period at 6% interest.
Motion by Councilmember Emery, seconded by Councilmember Rexford to appropriate
$10,600 from the unappropriated General Fund reserves and approve a neighborhood loan
program for 5 years at an interest rate of 6%. Motion carried 4-0 with Mayor Higginson
absent.
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ITEM 9 (1601-14)
SHERIFF'S STATION PUBLIC SERVICE CONCERNS
Staff report by City Manager Bowersox. At the May 19, 1998 City Council meeting,
Councilmember Rexford expressed concerns regarding public service at the Poway
Sheriff's Station at night. Currently, after-hours communications must take place with the
customer standing outside the facility; however staff is researching alternative methods to
secure the lobby area to allow the public into the facility after hours.
Council concurred to receive and file the report.
ITEM 10 (701-11)
DISABLED PARKING CITATION PENALTY
Staff report by City Manager Bowersox. The Senior Volunteer Patrol was formed in 1993.
Since that time they have issued 335 tickets for parking in a handicapped parking space.
201 have been dismissed because the person had a placard but was not displaying it.
Staff proposes a $20 administrative fee for proof of correction, from which the county would
receive $5.
Motion by Councilmember Emery, seconded by Councilmember Rexford to adopt
Resolution No. 98-088, entitled, "A Resolution of the City Council of the City of Poway,
California, Adopting a Policy Regarding the Suspension of Handicap Parking Penalties."
Motion carried 4-0 with Mayor Higginson absent.
ITEM 10.1 (203-01 TTM 89-13)
BUFFER BETWEEN OLD COACH AND STONERIDGE
Staff report by City Manager Bowersox. The Specific Plan and Environmental Impact
Report for the Old Coach development references a buffer area which is to be provided
between the new development and the existing homes in StoneRidge. While there is an
80' SDG&E easement over the rear of some of the lots and a 50' building setback for all
of the lots, there is no specific discussion of what will be allowed in the buffer area. While
the buffer was intended to function much as an easement, nothing was recorded on the
final map. The City Attorney has advised that the prohibition of structures, other than
through set-back requirements, would not be enforceable without the imposition of deed
restrictions on the Greystone (Old Coach) properties. Greystone has been asked to place
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deed restrictions on those lots which are not yet in escrow, but has not yet agreed to do
so. As a result, staff is not able to deliver what people in StoneRidge expected.
Councilmember Rexford asked about liability. City Attorney Eckis stated that there is no
liability, it just creates disappointment.
Council concurred to receive and file the report.
ITEM 10.2 (504-05)
PUBLIC SERVICES DEPARTMENT REORGANIZATION
Staff report by City Manager Bowersox. Certain long established positions no longer
match workload requirements within the Public Services Department. Staff recommends
elimination of four positions: Senior Utility System Technician, Sewer Treatment Plant
Operator; Laboratory Analyst; and Technical Assistant to the Director. Three of the
incumbents will voluntarily take early retirement and the Laboratory Analyst will be
transferred to a vacant Water Treatment Plant Operator position. Four new positions will
be created: Assistant Department Director, Utility Systems Mechanic, Management
Analyst, and Public Services Maintenance/Construction Inspector.
Motion by Councilmember Rexford, seconded by Councilmember Cafagna to approve the
reorganization, approve the establishment of Assistant Public Services Director and Public
Services Maintenance/Construction Contract Inspector positions, authorize the payment
of one week's pay for each year of service to three employees, and appropriate sufficient
funds. Motion carried 4-0 with Mayor Higginson absent.
CITY MANAGERITEMS
City Manager Bowersox announced the City received a Certificate from the State Office
of Ground Water & Drinking Water in recognition of our commitment to high quality drinking
water.
ClTY ATTORNEYITEMS
City Attorney Eckis announced that he has joined the City to an amicus brief in the case
of Lindsay vs. Tacoma Pierce County. The case is in the 9th Court of Appeals and the
issue is whether a local jurisdiction can enact an ordinance to regulate the sale of tobacco
products to minors or whether it is pre-empted by Federal law.
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ADJOURNMENT
Deputy Mayor Goldby adjourned the meeting at 8:03 p.m. on motion by Councilmember
Rexford, seconded by Councilmember Emery.
~h~ ~Z ~
Marjc(rie~K. Wahlst~n, City Clerk
City oP~ay
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NO T/CE
NOTICE IS HEREBY GIVEN THAT THE AUGUST 4, 1998, REGULAR MEETING OF
THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED
PURSUANT TO THE FOLLOWING ORDER:
ORDER OF ADJOURNMENT
Upon motion by Councilmember Cafagna,
seconded by Councilmember Rexford, Deputy
Mayor Goldby ordered the meeting adjourned
to
THURSDAY, AUGUST 13, 1998 AT 6:00 P.M.
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The time of
adjournment was 8:10 p.m.
Dated: August 5, 1998
Marjorie !~. Wahlsten, City Clerk
City Of P. oway, California
CERTIFICATION
The undersigned does hereby certify under penalty of perjury, that a copy of the above
notice was posted on or near the door of the City Council Chambers, the place
designated for regular meetings of the City Council at approximately 10:00 a.m.
Dated at Poway, California, on August 5, 1998
Marjqrie ~. Wahlsten, City Clerk
City Of pOway, California
e:~agenda~no§ce 1 .pr