CC 2000 05-23CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MAY 23, 2000
The May 23, 2000, 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
Sherrie Worrell
Steve Eckis
Warren Shafer
Bob Thomas
Niall Fritz
Dennis Quillen
Deborah Johnson
Leonard Zuniga
Javid Siminou
Patti Brindle
Mark Sanchez
Jennifer Johnson
City Manager
Deputy City Manager
Deputy City Clerk
City Attorney
Director of Administrative Services
Director of Community Services
Director of Development Services
Assistant Director of Public Services
Director of Redevelopment Services
Sheriff's Lieutenant
City Engineer
City Planner
Director of Safety Services
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Higginson led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
person was present wishing to speak:
Ed Schaefer, 15151 Crocker Road, spoke regarding the weed abatement process and the
possibility of delaying the process until the end of May.
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CONSENT CALENDAR
Motion by Councilmember Goldby, seconded by Deputy Mayor Higginson, to approve the
Consent Calendar as follows:
Ratification of Warrant Register for the period of May 1-5, 2000. (401-10)
Approval of Minutes - City Council May 2, 2000 - Regular Meeting
May 4, 2000 - Adjourned Regular Meeting
10. Consideration of Authorization to Solicit Requests for Proposals to Perform a
Classification and Compensation Study for the City. (1141-05)
11.
Adoption of Resolution No. P-00-42 - Approving Temporary Use Permit 00-36,
Poway Chamber of Commerce, Applicant: A request to hold the Poway Spdng Fest
2000, Street Fair on Midland Road between Poway Road and Hilleary Place on
May 28, 2000 from 10:00 a.m. - 4:00 p.m. (203-07)
12. Award of Bid for the Weingart Senior Center Kitchen Remodeling Project to
Randall Construction in the amount of $187,495. (602-01 #1402)
12.1 Approval of Positions on Pending Legislation: Support AB 2748 Public Beach
Restoration, SB 1936 Supplemental Local Law Enforcement Funding, and Oppose
AB 2366 Public Contract: Local Agency Design-Build Procurement.
(701-11)
Motion carried unanimously.
ITEM 2 (203-04)
VARIANCE 00-02
APPLICANT: OLD COACH REALTY AND
SUNROAD ENTERPRISES
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request for a variance of four feet to erect ten-foot high chain link fences around the
Old Coach sewer lift station and irrigation pump station for Maderas Golf Course at 17750
Old Coach Road.
There was no one present wishing to speak.
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Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford, to close the
public hearing and adopt Planning Resolution No. P-00-43, entitled "A Resolution of the
City Council of the City of Poway, California Approving Variance 00-02 Assessor's Parcel
Number 277-170-06." Motion carried unanimously.
ITEM 3 (1506-13)
DRUG ABUSE RESISTANCE EDUCATION
(DARE) PROGRAM EXPANSION
Staff report by City Manager Bowersox. This report is a result of Council's request to look
at an expanded DARE program including both the middle school and the high school level
students at various intervals during their education program. Staff has recently met with
the school district and as a result of that meeting learned that they are not interested in
having a three-year DARE program at the elementary, middle school and high school level
with regards to DARE as it is currently known. Though no formal request has been made
an option is to institute the program at the sixth grade level in lieu of having it at the fifth
grade level. The school district is also looking at the need to contract with the City for
uniformed sheriff's deputies on campus.
General discussion ensued.
Council directed staff to continue to discuss a second DARE program at the middle school
level along with the elementary school level with Poway Unified School District
administrators.In addition, this matter will be included on the agenda for the joint
subcommittee.
ITEM 4 (102-05)
KIOSK PROGRAM UPDATE
Staff report by City Manager Bowersox. This is a status report regarding the Kiosk
Program following a request by the City Council at their meeting of April 25, 2000. At this
point in time there are 23 residential kiosks, five community event kiosks, and seven
automotive kiosks located throughout the City. The automotive kiosk program will be
modified to become directional signs once the amended Sign Ordinance becomes
effective.
General discussion ensued with Council concurrence to receive and file the report.
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ITEM 5 (1506-06)
DEPARTMENT OF DEVELOPMENT
SERVICES REVIEW PROCESS
Staff report by City Manager Bowersox. This report provides an overview of how projects
are being processed in Development Services. In addition to the overall review process,
this report discusses how conditions added at a public hearing are tracked to ensure they
are implemented.
General discussion ensued with Council concurrence to receive and file the report and
directed staff to return with a status report of projects being processed in Development
Services every six months.
ITEM 6 (102-05)
CITY'S INVESTMENT POLICY
Staff report by City Manager Bowersox. Per Government Code Section 53600, the City
is required to review their investment policy. It is staff's recommendation to amend the
investment policy with the following three changes: (1) update of the broker/dealer list;
(2) increase the overall portfolio percentage limitation for Government "Agency" securities
from 50% to 75%; and (3) have two members of the Oversight Committee be required to
sign-off on any changes in the portfolio.
Motion by Councilmember Rexford, seconded by Councilmember Emery, to adopt
Resolution No. 00-046, entitled "A Resolution of the City Council of the City of Poway,
California, Amending Investment Policy for Public Funds and Rescinding Resolution No.
99-036." Motion carried unanimously.
ITEM 6.1 (602-01 #1388)
RUBBERIZED ASPHALT PAVEMENT
REPAIRS TO POWAY ROAD
BETWEEN MIDLAND AND SILVER
RIDGE ROADS
Staff report by City Manager Bowersox. Approximately three years ago during the City's
annual asphalt overlay program, the recommendation was to use an environmentally and
durability wise technique using rubberized asphalt which incorporates ground-up car tires
in the asphalt mix. The work was performed in two locations, one on Poway Road
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between Midland and Silver Ridge Roads and the other on Twin Peaks Road from Ted
Williams Parkway down to Pomerado Road. In both cases, there have been problems
with the roads. Failure of the Poway Road on the #2 eastbound lane and the #1
westbound lane has become significant. Meetings have been held with an outside
consultant, the asphalt manufacturer, and the contractor in an attempt to find out what
went wrong. There are four parts of the equation that need to be examined: (1) the City
specifications; (2) the asphalt plant that mixed the asphalt; (3) the installation of the
materials; and (4) the inspection of the material being applied. Currently, the analysis of
the experts is inconclusive in that the road is failing. Options for repair include: (1)
pursuing the warranty on the project with possible litigation; (2) use the money that would
be spent on litigation now and have the current contractor repair the road now and not
pursue litigation possibilities; and (3) eliminate the use of rubberized asphalt.
General discussion ensued.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to approve the
appropriation of $200,000 for this work and directed staff to negotiate with SRM
Contracting and Paving to accomplish the repairs under the current street maintenance
contract.
ITEM 6.2 (602-01 #1373)
REQUEST OF SUNROAD
ENTERPRISES TO CONTINUE
USE OF GROUNDWATER
Staff report by City Manager Bowersox. This is a request by Sunroad Enterprises to
continue using groundwater until July 31, 2000, by which time staff anticipates City
Council review to be completed. The applicant has requested a continuance of this item
to the June 6, 2000, meeting with the understanding that all use of groundwater must
cease on May 31, 2000, pending City Council action on their request to continue
groundwater use until July 31,2000.
Motion by Deputy Mayor Higginson, seconded by Councilmember Emery, to continue this
item to June 6, 2000. Motion carried unanimously.
CITY MANAGER ITEMS
13. City Manager Bowersox introduced Brian Clark who is the new reporter for the
Union Tribune newspaper.
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CITY ATTORNEY ITEMS
14A.
City Attorney Eckis requested that a Closed Session, with Labor Negotiators per
Government Code Section [}54957.6, Agency Negotiator: James L. Bowersox, City
Manager, Employee Organization Negotiator: Non Safety Employees Teamsters
Local 911 be held.
14B.
City Attorney Eckis requested that a Closed Session, with Labor Negotiators per
Govemment Code Section §54957.6, Agency Negotiator: James L. Bowersox, City
Manager, Employee Organization Negotiator: Poway Fireflghters Association be
held.
14C.
City Attorney Eckis requested a Closed Session for real property negotiation be
brought onto the agenda as the need to take action arose after the posting of the
agenda. The negotiations are for the property located at 13021-13023 Poway
Road.
Motion by Deputy Mayor Higginson, seconded by Councilmember Emery, to bring
the Closed Session item onto the agenda. Motion carried unanimously.
14D. City Attorney Eckis thanked staff for a wonderful evening on May 20, 2000,
celebrating the Poway Center for the Performing Arts 10th Anniversary.
MAYOR AND CITY COUNCIL - INITIATED ITEMS
16.
Councilmember Goldby stated that Captain Tenwolde would soon be coming up
on his 30 years of service and requested that staff look into recognizing him for his
years of service; stated that he had just returned from the League of Legislative
Days in Sacramento, and after speaking to several legislators was advised that at
this time Senator Peace does not plan to present the RITA issues until sometime
next year; discussed community college funding; the Silver Lake Archeological
Project; and discussed the Blue Sky Ecological Reserve funding request.
Councilmember Goldby reiterated his concern over the need for the DARE
Program and that the school district needs to be willing to have a second program
for this education and to make sure funds are allocated for this program.
17. Councilmember Higginson thanked staff for the work at the Poway Center for the
Performing Arts 10th Anniversary Gala.
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18.
Councilmember Rexford thanked staff for the Poway Center for the Performing Arts
10th Anniversary Gala; requested that staff look into those people who solicit
business within the Business Park that do not have solicitors' licenses; stated her
concern with the number of break-ins at the Business Park and the need for
increased security; stated that she had recently attended a Conference for
California Contract Cities and that several of the contract cities support the San
Diego Region with its RITA problems; thanked City Manager Bowersox for his
presentation at the Business Park Summit and requested that a copy of his speech
be provided to EDAP. so that they may start a history of the Business Park; and
requested that staff look into the number of cables that are under the dias where
she sits and to confirm if they are indeed needed.
19A.
Mayor Cafagna requested and received concurrence to hold a pre-development
conference on June 1,2000, to consider a request of Norman Snider to amend the
Poway Zoning Code to permit the establishment of recreational vehicle/boat sales
and leasing by right in the Community Business Zone. (203-18)
CLOSED SESSION
Mayor Cafagna called for a closed session at 8:29 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 9:19 p.m. with all Councilmembers
present. Upon motion by Councilmember Emery, seconded by Deputy Mayor Higginson,
Mayor Cafagna adjourned the meeting at 9:20 p.m. to June 1, 2000, at 6:00 p.m., City
Council Chamber, 13325 Civic Center Drive.
Sherrie D. Worrell, Deputy City Clerk
City of Poway
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