CC 2000 06-06CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JUNE 6, 2000
The June 6, 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 Rex'ford, Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Sherrie Worrell
Tamara Smith
Warren Shafer
Bob Thomas
Niall Fritz
Jim Howell
Deborah Johnson
John Tenwolde
Mark Sanchez
Javid Siminou
Patti Brindle
Dan Cannon
Patrick Foley
Dennis Quillen
Pamela Wilczak
City Manager
Deputy City Manager
Deputy City Clerk
Assistant City Attorney
Director of Administrative Services
Director of Community Services
Director of Development Services
Director of Public Services
Director of Redevelopment Services
Sheriff's Captain
Director of Safety Services
City Engineer
City Planner
Maintenance Operations Division Manager
Senior Management Analyst
Assistant Director of Public Services
Housing Project Manager
PLEDGE OF ALLEGIANCE
Deputy Mayor Higginson led the Pledge of Allegiance.
PRESENTATIONS
Mayor Cafagna presented an Award for Excellence in the Community Collaboration for
Children and Youth to Meadowbrook After School Program. Community Services Director
Thomas accepted the award on behalf of Pat Carducci of the YMCA, Danny Sherlock of
the Boys and Girls Club, Julie O'Connor, Amanda Cline, Tarah Campbell, Christina
Broyles, Nikki Giwa, and Susan VanZant, Principal of Meadowbrook. Director Thomas
stated the Poway Meadowbrook After School Program is one of seven cities in the nation
to receive this award.
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Mayor Cafagna presented Bob Thomas with a Plaque of Appreciation recognizing his
Exemplary Service to the City for his past 12 ¼ years as Community Services Director.
Mayor Cafagna presented a Certificate of Recognition to Captain John Tenwolde for his
30 years of service with the San Diego County Sheriffs Department.
Benny Gamia, District Director for the California Conservation Corps presented an award
to Mayor Cafagna for the City's support and recognized Dan Cannon with a plaque for his
outstanding support.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
persons were present wishing to speak:
Connie Messina, 12643 Oak Knoll Road, stated that several years ago her property had
been incorrectly listed in the flood plain. Since that time her claim against the City was
denied, however she was told by the City that a notation would be made on the flood
maps indicating that the residence is not located in the 100 year flood plain. She stated
that unfortunately, the incorrect information is still being given out by the Engineering
Division and due to that incorrect information she has had a couple of offers on her home
withdrawn. Ms. Messina requested that the City update and correct their maps.
Albert Heller, 13837 Tam O'Shanter Court, stated that he was concerned about the City's
priorities when it comes to supplementing the DARE programs in the middle and high
schools when the City wouldn't purchase thermal helmets for the firefighters. Mr. Heller
also inquired about the status of the fire department evaluation and when it will become
available to the public.
Mike Matsumoto, 13114 Gate Drive, stated that the Honda dealership that recently moved
in across from his property is still not complying with the City's codes. Employees of the
dealership are driving along Gate Drive at an accelerated speed, parking on the street and
in front of the residences, test ddving new and repaired vehicles on Gate Drive, the curb
in front of the fire hydrant still hasn't been painted red, car alarms are going off, lights are
still on after 11:00 p.m., an amplified paging system is being used, new cars are being
delivered on Sundays, and a car wash is being run in the late hours of the evening.
Jeff Mangum, 18111 Old Coach Road, stated that Palomar College has a tremendous
need for expansion and requested that the City Council and the individual members
support an upcoming bond issue.
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CONSENT CALENDAR
Motion by Councilmember Goldby, seconded by Councilmember Emery, to approve the
Consent Calendar as follows:
Ratification of Warrant Registers for the period of May 8-12 and May 15-19,
2000. (401-10)
Approval of Minutes - City Council May 9, 2000 - Regular Meeting
May 16, 2000 - Regular Meeting
10. City's Investment Report as of April 30, 2000.
(408-01 )
11.
Approval of Amendment No. 1 of the Agreement between the County of San
Diego and the City of Poway for Public Transportation Services for FY 1999-
2000 through 2003-2004. (602-01 #1328)
12.
Approval of the Appropriation of $32,000 in Additional Funds for the
Continuation of the PRYDE/Street Safe Program at Meadowbrook Middle
School. (602-01 #1050)
13.
Status Report on the Laguna San Ignacio Salt Plant and the Mitsubishi
Corporation. (1403-16)
14.
Approval of Report on Administrative Action Taken on City Council-Initiated
and Public Inquiry Items for the Period of February 16 - May 15, 2000.
(701-i0)
15.
Approval of Appropriation of $5,725 for the Appraisal of Real Property located
on York Avenue (APN: 314-201-03) and for the Boys and Girls Club Site
Analysis Appraisals. (1002-01 )
16.
Approval of Appropriation of $15,000 to cover Engineering Specifications and
Supplementary Contract Obligations Required for Installation of the Orchestra
Pit/Forestage Lift at the Poway Center for the Performing Arts. (1402-01)
17.
Award of Bid for the Seal Coat Project, 2000-2001 Street Maintenance Program
(~407-4320) to California Pavement Maintenance Co., Inc., in the amount of
$600,712.94. (Bids to be opened May 30, 2000.) (602-01 #1409)
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18.
Acceptance of the Performing Arts Center Ductwork Maintenance from
WESCORP. (602-01 #1383)
19.
Adoption of Resolution No. 00-047 Declaring the City's Intention to Vacate the
Public Alley Adjacent to Lots 21,22 and 23 in Block 16 of Piermont, Map No.
331, and setting the public hearing for June 27, 2000, Pacific Bell, Applicant.
(1002-06)
20.
Rejection of Claims for Damages: Robert Hill Terry Hayse
Allan and Teresa Kozakiewicz
William Tam
(704-13)
21.
Award of Bid for the Replacement of Trail Fencing Capital Improvement Project
to Harbor Bay, Inc., in the amount of $40,000. (602-01 #1408)
22.
Award of Contract for an Integrated Supply System for the Inventory of Water
Utilities Materials and Supplies to US FILTER Distribution. (602-01 #1410)
23.
Approval of $500 Community Contribution for the Poway Thunder Baseball
Team's Tournament in Temecula. (1180-05)
24.
Adoption of Resolution No. 00-048 Commending Eagle Scout Kristopher Lee
Neuharth. (701-17)
24.1
Adoption of Resolution No. 00-049 Designating Voting Delegate and Alternates
to the Southern California Joint Powers Insurance Authority (SCJPIA) and
Rescinding Resolution No. 99-059. (1503-21)
Motion carried unanimously.
ITEM 2 (701-04)
ORDINANCE NO. 526/FIRST READING
1996/1997 EDITIONS OF BUILDING CODES
Mayor Cafagna read the title of Ordinance No. 526, "An Ordinance of the City of Poway,
California Rescinding Chapters 15.02, 15.04, 15.08, 15.12, 15.16, and 8.52, Article II of
the Poway Municipal Code and Adopting New Chapters 15.02, 15.04, 15.08, 15.12, 15.16
and 8.52, Article II Regarding the Uniform Administrative Code, 1997 Edition; Uniform
Building Code, 1997 Edition; National Electrical Code, 1996 Edition; Uniform Plumbing
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Code, 1997 Edition; Uniform Mechanical Code, 1997 Edition; and Swimming Pool Fencing
Regulations."
Staff report by City Manager Bowersox. This is the updating of the most recent codes
available threugh the various code organizations, and it is recommended these be
approved as has been done in the past.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Goldby to waive further
reading and continue the public hearing to June 27, 2000 for second reading and
adoption. Motion carried unanimously.
ITEM 3 (1160-04)
STATUS REPORT TRAFFIC
CONDITIONS SCRIPPS POWAY
PARKWAY AND POMERADO ROAD
Staff report by City Manager Bowersox. Scripps Poway Parkway has become a major
access to the Business Park, Highway 67 and an alternate to Poway Road. The Parkway
carries a lot of traffic and in doing so there have been some accidents at the intersection
of Scripps Poway Parkway and Pomerado Road. After an analysis by the Traffic
Engineer and the Traffic Safety Committee, it has been determined that the installation
of warning lights would be advisable. These flashing beacons would be posted both east
and westbound and that the appropriations be made in order to fund the installation. The
cost to install these signals will be approximately $35,000.
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Councilmember Goldby approving the
installation of the advance flashers on Scripps Poway Parkway and that a follow-up staff
report be submitted 12 months following completion. Motion carried unanimously.
ITEM 4 (1160-01)
STATUS REPORT ALL-WAY STOP
CONTROLS STONE CANYON ROAD
AT DEL NORTE
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Staff report by City Manager Bowersox. This is a follow-up report as requested six
months ago by the City Council following the installation of an all way stop at the
intersection of Stone Canyon and Del Norte Roads. Since that installation there have
been no accidents associated with installation of that signal and the area has been
relatively neutral. There has been a slight reduction in speed in the vicinity of the sign,
it has not posed any particular problems, and has provided a degree of comfort and safety
using that intersection. Staff is recommending that the all way stop remain and that
another review be brought back in 12 months.
Bill Glathz, 12805 Stone Canyon Road, inquired as to why there is still a need to review
the status of this intersection if the stop sign has already proven effective. Mr. Glathz also
inquired as to who stopped the installation of the sign at the start of installation and why.
City Manager Bowersox responded to Mr. Glathz, stating that he stopped the installation
since the street striping was not complete. As soon as the striping was completed, the
signs were installed.
Motion by Councilmember Higginson, seconded by Councilmember Emery to continue to
monitor the intersection and provide a status report in 12 months. Motion carried
unanimously.
ITEM 6 (602-01 #1373)
REQUEST OF SUNROAD
ENTERPRISES TO CONTINUE
USE OF GROUNDWATER
Staff report by City Manager Bowersox. This item appeared before the City Council on
March 14 and May 23, 2000. At that time it was determined to limit Sunroad's use of
groundwater to no more than 50 percent of their total water use, with the balance to be
potable water purchased from the City until the end of May and submission of the
hydrology study. As of this date, review of the hydrology study has not been completed
for Council consideration, but should be completed in August. Although the original
request was for continuance of the use of groundwater until July 31, 2000, if Council
agrees to continue use at any level, Maderas has requested and staff is recommending
a continuance of use of groundwater until August 31,2000. Council's direction should be
incorporated into an amendment to the settlement agreement regarding water usage
restrictions on real property, wherein staff is also recommending inclusion of the following
conditions: (1) directing Sunroad Enterprises to reimburse the lower Sycamore Creek
property owners for all previously un-reimbursed expenses associated with continuing the
availability of well water since Sunroad began using groundwater; (2) direct Sunroad
Enterprises to participate with the Old Coach Homeowners' Association in completing the
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extension of domestic water service; and (3) limit the continued interim use of
groundwater to one-third of Sunroad's total water usage. If a public hearing is not held on
the hydrology study on or before August 31,2000, and further authorization is not granted,
Maderas shall cease groundwater use September 1,2000.
Another concem with the lack of water in the Old Coach area is the fact that the water line
at Old Coach has not been completed and therefore the fire hydrants are not operational.
With the beginning of fire season, staff is also recommending an appropriation of funds
for completion of this line for fire protection.
Development Services Director Fritz stated that as part of the continued use of
groundwater through the next three months there are a couple of conditions that are
appropriate. First, Sunroad needs to agree that upon 12 hours written notice from the
City they will cease the use of the wells. This is viewed as a safety factor, and if the City
has identified problems from any other wells in the area, Sunroad's well usage will stop.
The second condition is that monitoring should continue on the Maderas wells, several
wells in the lower Sycamore area, and at least two wells in the Old Coach area so that it
can be determined as to what happens to all of these wells if Sunroad continues to use
groundwater. It is also suggested that a well on Mr. Malone's property be included in the
study.
The following people were present wishing to speak:
Rick Vann, 1455 Frazee Road, representing Maderas Golf Club, stated that he was in
agreement with Mr. Bowersox's depiction of the hydrology study. He also stated that
preliminary discussions have taken place with the neighbors to the west and Sunroad has
agreed to fund the shortfall of funds of approximately $16,000 to the lower Sycamore
Canyon residents as well as deepening one or more of the wells as needed; to provide
storage tanks for those property owners as needed; and agreed to pay any fees for the
connection of the water line to the fire hydrants in Old Coach. Mr. Vann also stated that
the conclusion of the hydrology study will include that an early warning system be
established. A test well has been drilled to assist in the monitoring of the wells to the east
of the golf course and the desire for all is to use the water responsibly.
John McMinn, 18525 Deer Valley Estates, spoke in opposition to the request for extended
water use.
Dave Golia, 3900 Harvey Street, First Floor, San Diego, representing John and Vicki
McMinn, stated that the main concern for opposition is in regards to health and safety.
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Other concerns consist of water usage for citizens; environmental concerns along
Thompson Creek; homeowners having to pave the existing road to the water line; the
easement situation that needs to be worked out; and finally the repayment plan to
homeowners for the water line.
Frank Vaplon, 18055 Old Coach Road, spoke in opposition to the request for extended
water use.
Rhett Affleck, 18116 Old Coach Road, spoke in opposition to the request for extended
water use.
General discussion ensued regarding the easement that needs to be signed by the Old
Coach residents for the water line.
Ingrid Kytasty, 18372 Deer Valley Estates Road, spoke in opposition to the request for
extended water use.
Jeff Mangum, 18111 Old Coach Road, spoke in opposition to the request for extended
water use, stated that the easement provided by the City has broad issues that need to
be discussed; he also stated that he does appreciate staff's recommendation.
Gene Purvis, 18118 Old Coach Road, spoke in opposition to the request for extended
water use.
Valerie Sabin, 18540 Wild Horse Creek, spoke in opposition to the request for extended
water use.
Chris Mangum, 18111 Old Coach Road, spoke in opposition to the request for extended
water use.
Morris Spier, 18107 Old Coach Road, spoke in opposition to the request for extended
water use.
David Barkin, 18355 Sycamore Creek Road, spoke in support of staff's recommendation,
and also Mr. Vann's cooperation with the Sycamore Creek residents.
Mayor Cafagna called for a brief recess at 8:45 p.m.
Council reconvened at 8:52 p.m., with all Councilmembers present.
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The following people were in opposition to the request, but did not wish to speak:
Robert Myers, 18028 Old Coach Road
Kathleen Myers, 18028 Old Coach road
Dane Affleck, 18116 Old Coach Road
Jody Osmus, 18550 Wild Horse Creek
Larry Osmus,18550 Wild Horse Creek
Andrew Kytasty, 18372 Deer Valley Estates Road
Kay Bithell, 18112 Old Coach Road
Robin Bithell, 18112 Old Coach Road
Vivian Sawzak, 18151 Old Coach Road
Ron Sawzak, 18151 Old Coach Road
Jerome Wier, 14960 Oak Trail Court
Nanette Wier, 14960 Oak Trail Court
Jim Kennedy, 14755 Buds Lane
Ginger Kennedy, 14755 Buds Lane
Tom Moore, 18555 Wild Horse Creek
Rhys Affleck, 18116 Old Coach Road
Cai Affleck, 18116 Old Coach Road
Kitty Affleck, 18116 Old Coach Road
Val Rinder, 18108 Old Coach Road
Scott Rinder, 18108 Old Coach Road
Matt Rinder, 18108 Old Coach Road
Allison Buechsenstein, 18116 Old Coach Road
General discussion ensued.
Motion by Councilmember Goldby, seconded by Councilmember Rexford to continue this
item to June 13, 2000 in order to allow Sunroad Enterprises, Old Coach representatives
and staff to meet and discuss financial participation in the water systems for Old Coach,
as well as discuss the easement issues. Motion carried 4-1 with Deputy Mayor Higginson
voting no.
Motion by Deputy Mayor Higginson, seconded by Councilmember Emery, approving the
appropriation of funds to complete the water line for activation of the fire hydrants in Old
Coach. Motion carried unanimously.
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ITEM 6.1 (1506-06)
PROCEDURES FOR
WEED ABATEMENT NOTIFICATION
Staff report by City Manager Bowersox. This report provides an extensive overview of
how the weed abatement notification process works. Staff's recommendation is to receive
and file.
Council concurred to receive and file the report.
CITY MANAGERITEMS
25.
City Manager Bowersox congratulated Bob Thomas on his retirement, thanked him
for his years of service, and for the many improvements he has made to the City.
CITY ATTORNEY ITEMS
26. Assistant City Attorney Smith praised Bob Thomas for his work with the City.
MAYOR AND CITY COUNCIL - INITIATED ITEMS
27A.
Councilmember Emery inquired about the time frame and plan for replacement of
the Eucalyptus trees on Twin Peaks Road. He expressed concern over the
number of dead trees along the read and the potential for a fire hazard.
Public Services Director Howell stated that several of the trees have been stressed
by the infestation of the Lerp Psyllid. However, staff has been notified that the
State Agricultural Department will be releasing a type of wasp which is supposed
to take care of the Lerp Psyllid. Staff is also proposing to come back to Council with
a workshop item in the spring for alternatives if this solution doesn't work to bring
the trees back.
General discussion ensued with Council concurrence that staff continue to monitor
the health of the trees and to include an educational brochure either in the Poway
Today or in the water bills regarding the Lerp Psyllid, their effect on the Eucalyptus
trees, and the treatment that will be taking place to restore the trees to their original
status.
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27B. Councilmember Emery spoke about the concern being raised in regards to what
impact Iow and moderate income housing is having on local schools.
General discussion ensued with the Council concurrence to closely monitor the
timing and placement of Iow and moderate income housing so that it doesn't
dramatically affect the overcrowding of schools; and consider talking with assembly
representatives about changing requirements so that Iow and moderate housing
funds can be used to help the schools when this type of housing is established
near a school. In addition, this matter should be placed on the agenda for the joint
subcommittee to discuss.
28.
Councilmember Goldby inquired as to why the City is not planting Oak trees
throughout the City to replace the dying Eucalyptus trees; expressed concerns
about the Honda Dealership not complying with City requirements; and the issue
of Connie Messina's property being incorrectly designated on the flood maps.
29.
Deputy Mayor Higginson stated that Leslie Meecham, Chair for the Poway Grad
Nite, expressed her thanks for the donation made by the City.
30.
Councilmember Rex'ford thanked Bob Thomas for his work on the Blue Sky and
Goodan Ranch projects; applauded all of the Fire Departments who responded to
the Beeler Canyon fire over the weekend along with the Sheriff's Department and
the Red Cross.
31A. Confirmation of Scott Liljegren as Mayor Cafagna's Appointment to the Performing
Arts Advisory Committee. (701-09)
Council confirmed the appointment of Scott Liljegren to the Performing Arts Advisory
Committee.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 10:01 p.m., on motion by Councilmember Goldby,
seconded by Councilmember Rexford.
Sherrie D. Worrell, Deputy City Clerk
City of Poway
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