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CC 1999 07-20 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JULY 20, 1999 The July 20, 1999, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Mayor Cafagna at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Penny Riley Lori Anne Peoples Steve Eckis Bob Thomas Jim Howell Warren Shafer Mark Sanchez Javid Siminou Mike Robinson Leonard Zuniga Steve Streeter Jennifer Johnson City Manager Deputy City Manager City Clerk City Attorney Director of Community Services Director of Public Services Director of Redevelopment Services Director of Safety Services City Engineer Traffic Engineer Sheriff's Lieutenant Principal Planner Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PRESENTATIONS Mayor Cafagna presented a 10-year Service Award to Phil Barker - Landscape Maintenance Supervisor and a 20-Year Service Award to Robert Willcox - Landscape Maintenance Supervisor. Mayor Cafagna presented Tom Howard with two Employee Suggestion (Cost Savings Idea) Awards for his Redesign and Modification of Chloramine System and Polymer Chemical Feed System along with a check for $500. 6682 Page 2 - CITY OF POWAY - July 20, 1999 Joseph Parker, Chairman of the San Diego County Water Authority introduced their Legal Counsel, Dan Hentschkey who provided an overview of SB 506 and the Water Rate Study done by their organization. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Jim Piva, 13172 Poway Road, President of the Poway Chamber of Commeme announced the appointment of Jim Bowersox as a Director on their Board; stated that the last Board position will be filled by a consumer such as a soccer mom or dad; announced that the Chairman and CEO's of the Diamond Gateway and Rancho Bernardo Chambers of Commerce, in an effort to increase communications and relations, were given free membership and event passes and invited those in attendance to the annual barbeque at Lake Poway on July 22nd. Bill Cross, 13105 Corona Way, representing the Weingart Senior Center, invited those in attendance to their annual picnic on August 26th at 5:30 p.m. at Lake Poway. Ed Carboneau, 14073 Pomegranate, expressed his opinion on the management of the Poinsettia Mobile Home Park. CONSENT CALENDAR Councilmember Rexford stated that she would disqualify herself on Item 15 as the project is near her residence. Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to approve the Consent Calendar as follows: 12. Ratification of Warrant Register for the periods of June 21 to June 25 and June 28 to July 2, 1999. (401-10) 13. Approval of Minutes - City Council June 22, 1999 - Regular Meeting June 29, 1999 - Regular Meeting July 06, 1999 - Regular Meeting July 13, 1999 - Canceled Regular Meeting 14. Approval of Minutes - Redevelopment Agency June 22, 1999 - Regular Meeting June 29, 1999 - Regular Meeting 6683 Page 3 - CITY OF POWAY - July 20, 1999 July 06, 1999 - Regular Meeting July 13, 1999 - Canceled Regular Meeting 15. Adoption of Resolution No. 99-061 - Establishing No Parking Zones on Creek Road. Councilmember Rexford disqualified, Approved 4-1. (1163-01) 16. Adoption of Long-Term Goal for City and Redevelopment Agency Mobile Home Parks and Haley Ranch Estates. (Continued from May 6, 1998, Item 1). (208-02) 17. Adoption of Resolution No. 99-062- Approving Amendment No. 2 to Davis-Grunsky Act Grant Contract No. D-GGR23 and Authorizing the City Manager to Execute the Amendment. (602-01 #1344) 18. Compensation Increase for the City Clerk. (602-01 #1265) 19. Adoption of Resolution No. 99-063 - Amending the Indenture of Trust for Special Tax Refunding Bonds Series 1998. (405-01) 20. Award of Bid for the Poinsettia Mobile Home Park Recreation Building Accessibility Remodel (#1526) to Alpha Omega Construction in the amount of $44,500. (602-01 #1343) 21. Status Report of Illegal Encampment Activities for second quarter of 1999(704-10) 21.1 Approval of Positions on Pending Legislation: Support AB 1524, Property Taxation; Refunds; Interest Rates and SCA 3, Transportation Funding: Sales and Use Tax. (701-11) Motion carried unanimously. ITEM lA (701-04) ORDINANCE NO. 512 -SECOND READING STREET EXCAVATION/CUT MORATORIUM Mayor Cafagna read the title of the ordinance as follows: Ordinance No. 512, entitled, "An Ordinance of the City of Poway, California, Adding Chapter 12.14 to the Poway Municipal Code Relating to Street Excavation Requirements and Imposing a Street Cut Moratorium on New or Recently Resurfaced Public Streets." Staff report by City Manager Bowersox. This is the second reading of an ordinance which 6684 Page 4 - CITY OF POWAY - July 20, 1999 is intended to help preserve newly paved or overlaying streets and newly seal coated streets. This policy has been in place for three years but due to the increasing number of requests by public utility companies to cut the streets, it is vital that these projects be coordinated and this policy be formalized. Deputy Mayor Emery stated that although he had been absent at first reading, he had reviewed all the material and was prepared to participate. The following persons were present wishing to speak: Barbara Nimesgern, 101 W. Broadway, San Diego, representing Pacific Bell, stated they were neutral on the issue, but requested a data base be created and placed on the Poway Web Site of all streets included in the moratorium. Additionally, she requested one person be assigned as a point of contact. Don Parent, 8330 Century Park, representing San Diego Gas & Electric, stated that they had met with staff but requested this item be continued for an additional sixty days to allow time for both parties to establish a plan to address infrastructure concerns. Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to close the public hearing and waive further reading of the Ordinance. Motion carried unanimously. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford to adopt Ordinance No. 512. Motion carried 4-1 (roll call vote), with Councilmember Goldby voting no. ITEM 2 (701-04) ORDINANCE NO. 516- SECOND READING WATER RATES Mayor Cafagna read the title of the ordinance as follows: Ordinance No. 516, entitled, "An Ordinance of the City of Poway, California, Amending the Schedule of Water Service Charges and Establishing Water Rates." Staff report by City Manager Bowersox. This is the second reading of an ordinance which establishes water rates to be maintained at the current water use per unit charge of $1.715 through December 31, 1999, and increasing the charge to $1.766 per unit January 1,2000. It also increases basic water service charges and pumping charges effective January 1, 2000. Deputy Mayor Emery and Councilmember Higginson stated that although they were absent 6685 Page 5 - CITY OF POWAY - July 20, 1999 at first reading, they had reviewed the material and were prepared to participate. There was no one present wishing to speak. Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to close the public hearing, waive further reading and adopt Ordinance No. 516. Motion carried unanimously. ITEM 3 (701-04) ORDINANCE NO. 517- SECOND READING SEWER RATES Mayor Cafagna read the title of the ordinance as follows: Ordinance No. 517, entitled, "An Ordinance of the City of Poway, California, Amending the Schedule of Sewer Service Charges and Establishing Sewer Service Charges." Staff report by City Manager Bowersox. This is the second reading of an ordinance which establishes an increase in sewer rates effective the first full billing cycle after July 1, 1999 between 1% and 8% depending upon the class of service. Deputy Mayor Emery and Councilmember Higginson stated that although they were absent at first reading, they had reviewed the material and were prepared to participate. There was no one present wishing to speak. Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to close the public hearing, waive further reading and adopt Ordinance No. 517. Motion carried unanimously. ITEM 4 (203-02) TENTATIVE PARCEL MAP 96-01TE APPLICANTS: JERRY AND LINDA STRAUSS Staff report by City Manager Bowersox. This is a request for a final one-year time extension on a subdivision map that was originally approved on May 21, 1996. The proposal subdivides a 7.66 acre property located at 15466 Eastvale Road into three parcels. There was no one present wishing to speak. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to close the public hearing and adopt Planning Resolution No. P-99-51, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Parcel Map 96-01TE Assessor's Parcel Number 278-240-15." Motion carried unanimously. 6686 Page 6 - CITY OF POWAY - July 20, 1999 ITEM 5 (203-01) TENTATIVE PARCEL MAP 89-05/AMENDMENT APPLICANT: POWAY SUMMIT ESTATES. FAMSTE INVESTMENT Intreduction by City Manager Bowersox. Staff report by Principal Planner Streeter. This is a request to revise previous conditions of appreval regarding pad elevations and sizes as well as future building heights for preperty located at the southwest corner of Espola Road and Poway Road. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Mayor Cafagna, to close the public hearing and adopt Planning Resolution No. P-99-52, entitled, "A Resolution of the City Council of the City of Poway, California Amendment to Approved TTM 89-05 Assessor's Parcel Numbers 321-200-44 & 47." Motion carried unanimously ITEM 6 (203-04) VARIANCE 99-09 MINOR DEVELOPMENT REVIEW 99-99 APPLICANTS: DENIS AND PlA MORGAN Staff report by City Manager Bowersox. This is a request for variance from the required fourteen foot northerly side yard setback to six feet for a proposed freestanding cabana at 14456 Maplewood Street. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Higginson, to close public hearing and adopt Planning Resolution No. P-99-53, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 99-09/Minor Development Review 99-99 Assessors Parcel Number 314-762-16." Motion carried unanimously. ITEM 7 (1160-04) TRAFFIC SAFETY/FLASHING BEACONS POMERADO ROAD Staff report by City Manager Bowersox. In April of 1999, the Principal of Pomerado Elementary School requested a pedestrian and traffic safety review of the area surrounding the school. During the May 19, 1999 City Council Meeting, Merrilee Boyack, representing the school PTA, presented a petition asking the City consider five actions: 1) install flashing lights on Pomerado Road; 2) eliminate one crosswalk at the Pomerado Road/Ninth Street intersection; 3) repaint the "School" legend on Pomerado; 4) consider installing fluorescent yellow/green school signs; and, 5) consider installing a red light enforcement camera. 6687 Page 7 - CITY OF POWAY - July 20, 1999 The Traffic Safety Committee reviewed the request and staff findings and recommends approval of the installation of flashing beacons on Pomerado Road adjacent to Pomerado Elementary School, fluorescent yellow/green school signs in all school areas and removal of the northerly Pomerado Road crosswalk. The School legends will be repainted with the annual striping contract in the fall. Staff recommends approval and appropriation of funds from the General Fund for construction. Merrilee Boyack, 1~,~. 18 Prescott Avenue, representing the Pomerado Elementary School PTA, spoke in support of the item. Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to approve staff recommendation. Motion carried unanimously. ITEM 8 (203-14) DEVELOPMENT REVIEW 99-09 TENTATIVE TRACT MAP 98-06 APPLICANT: TOPMARK COMMUNITIES Introduction by City Manager Bowersox. Staff report by Principal Planner Streeter. This is a request for approval of the home designs and model complex for 26 homes under Tentative Tract Map 98-06 located at the southwest corner of Midland Road and Twin Peaks Road. The applicant has requested removal of the utility undergrounding requirement as the poles are and will continue to serve only those homes located directly south of the project. Additionally, the applicant has requested modification to conditions of approval regarding the protection of the mature oak trees, the completion of public improvements is required pdor to occupancy, and the intersection improvement design of Outlook Road and Midland Road reflects the preference of the neighborhood. The following people were present wishing to speak: Reinhold Fritzohn, 14458 Midland Road, spoke in support of the project provided the developer ensure screening be provided along his property line. Steve Delaney, 12520 High Bluff Drive, San Diego, representing TopMark, stated they supported the staff recommendations and were willing to abide by all conditions. He then responded to questions of the Council. Deputy Mayor Emery expressed concerns with the material proposed for the wall along Twin Peaks, the lack of one-story homes on the exterior lots and the elevations/locations of homes proposed for the other lots. Councilmember Rexford requested a rendering of the location of the existing telephone poles. 6688 Page 8 - CITY OF POWAY - July 20, 1999 Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to continue the item to August 3, 1999 to allow the applicant time to work with staff to provide the additional information requested by Council. Motion carried unanimously. ITEM 9 (1401-00) RULES AND REGULATIONS LAKE POWAY RECREATIONAL FACILITIES Staff report by City Manager Bowersox. Staff was requested to bring back a rental use policy for Lake Poway Recreation Area incorporating rental use limitations. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to adopt Resolution No. 99-064, entitled, "A Resolution of the City Council of the City of Poway, California Adopting Rules and Regulations for Operation of City of Poway Recreational Facilities and Rescinding Resolution No. 98-014." Motion carried unanimously. ITEM 10 (1180-05) FISCAL YEAR 1999-2000 BUDGET POWAY VISITOR SERVICES PROGRAM Staff report by City Manager Bowersox. The Poway Chamber of Commerce Visitor Services Program budget has been funded by the City since 1994. The Chamber is requesting an appropriation of $18,385 for Fiscal Year 1999-2000 to implement projects and activities to attract visitors and shoppers to Poway and strengthen the business community. Staff supports the request. Motion by Councilmember Rex'ford, seconded by Councilmember Goldby, to approve the request. Motion carried unanimously. ITEM 11 (1404-03) SKATEBOARD PARK/BMX FACILITY Introduction by City Manager Bowersox. Staff report by Community Services Director Thomas. Staff was requested to explore the feasibility of developing a skate park/BMX facility. This report addresses potential sites, projected cost, advantages and disadvantages of such a facility and an inventory of similar facilities in the County. Chuck Cross, 13514 Mora Circle, Chairman of the Parks and Recreation Committee, responded to questions of the Council regarding their prior review of this subject matter. Council concurred to receive and file the report. The site analysis will be referred to the Parks and Recreation Committee. 6689 Page 9 - CITY OF POWAY - July 20, 1999 ITEM 11.1 (1401-20) MEADOWBROOK MIDDLE SCHOOL UPPER FIELD IMPROVEMENTS Staff report by City Manager Bowersox. At the March 23, 1999 Council meeting, the Parks and Recreation Advisory Committee presented a list of field upgrade recommendations for consideration. After reviewing the proposed list, staff was requested to identify phased improvement costs atthe Meadowbrook Middle School upper field. Staffwas also directed to identify the landowner and status of the property west of the upper field for possible parking expansion. Staff met with the school principal as well as representatives of the Poway Unified School District, Poway Youth Sports Association, Youth Soccer and Pop Warner Football. A budget has been prepared by GFH Landscape Architecture, which identifies vadous cost centers for field improvements. Staff is recommending consideration of funding for improvements identified under Phase 1. These improvements consist of grading and drainage; planting hybrid Bermuda grass; installing an irrigation system; and installing four light poles so that the field may be used for evening hours. The estimate is approximately $500,000. With these proposed improvements, maximum field use would be attained through a level playing field, propedy drained and irrigated and lit to extend the hours of play until 9:00 p.m. Later phases could include improvements to the ballfields and the provision of a restroom/concession building. In order to specify use of the property and responsibilities of the City and School District, it is proposed that a joint use policy be executed. The policy would include the times the field would be available for school use and for youth sports; field maintenance responsibilities and standards and requirements for youth sports. If Council approves funding, the project will be submitted to the Poway Unified School Board for approval. The District would be the lead agency, responsible for noticing and holding the necessary public meetings. Staff is proposing the project be funded as a loan from the City's General Fund to the Redevelopment Agency. The source of the loan would be $115,000 in funding remitted from the state, $100,000 in previously budgeted funds for the Y2K project, and $285,000 from the unappropriated General Fund Reserve. The following people were present wishing to speak: Shawn Moazzeny, 12902 Ilene Street, representing Poway Youth Soccer, spoke in support. Chuck Cross, 13514 Mora Circle, representing the Parks & Recreation Committee, spoke in support. 669O Page 10 - CITY OF POWAY - July 20, 1999 Ricky Canup, 12360 Meadowbrook Lane, expressed concerns with possible increased traffic and trash. Deputy Mayor Emery expressed his concerns with approving the item for funding prior to holding neighborhood meetings. General discussion ensued. Council concurred that they were amenable to funding provided neighborhood meetings are held and the community supports the proposal. CITY ATTORNEY ITEMS 23. City Attorney Eckis requested two closed sessions, both conferences with Legal Counsel, anticipated litigation, discussion on whether or not to initiate ligation under Government Code §54956.9 (c). City Attorney Eckis stated he had joined the City in an Amicus Brief in the case of Griffith vs. Santa Cruz. The issue is the retroactive application of the Prop 62 requirement for voter approval of general tax increases. The City will support Santa Cruz in that it should not be retroactive. Also, that he had attended a meeting in Sacramento with the new Chairwoman of the Fair Political Practices Commission, and shared perspectives from local government for a more user friendly system. MAYOR AND CITY COUNCIL-INITIATED ITEMS 24. Deputy Mayor Emery noted that the landscaped area between the Town and Country Shopping Center and Wal-Mart is poorly maintained. 27. Councilmember Rexford requested staff look into a recent article in the North County Times regarding an insect that is killing the California eucalyptus trees; noted the right turn only sign on Pomerado and Poway Road by the Union 76 is missing and thanked staff for immediate action in stopping the destruction of native habitat by construction workers without permits in her neighborhood 28A. Mayor Cafagna requested and received Council concurrence to hold a pre- development conference on August 5, 1999 to consider the proposal of Frank Rogers on behalf of Mr. and Mrs. Groh to use 3 parcels on Poway Road opposite Match Point Drive as an affordable housing site. (203-18) 6691 Page 11 - CITY OF POWAY - July 20, 1999 28B. Mayor Cafagna requested and received Council concurrence to hold a pre- development conference on August 5, 1999 to consider the proposal of Mark Brenner to convert a single-family home into a mixed use land use to include residence and a newspaper production operation at 12708 Monte Vista Road. (203-18) CLOSED SESSION Mayor Cafagna called for closed session at 9:40 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 9:59 p.m. with all Councilmembers present and adjourned the meeting on motion by Councilmember Rexford, seconded by Councilmember Higginson in memory of Senator Craven at 10:00 p.m. City~L-~ri ;Anne-PeopleS,of Poway city ClFerk 6692