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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. 6948 Page 2 - CITY OF POWAY - June 6, 2000 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. 6949 Page 3 - CITY OF POWAY - June 6, 2000 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) 695O Page 4 - CITY OF POWAY - June 6, 2000 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 6951 Page 5 - CITY OF POWAY - June 6, 2000 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 6952 Page 6 - CITY OF POWAY - June 6, 2000 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 6953 Page 7 - CITY OF POWAY - June 6, 2000 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. 6954 Page 8 - CITY OF POWAY - June 6, 2000 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. 6955 Page 9 - CITY OF POWAY - June 6, 2000 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. 6956 Page 10 - CITY OF POWAY - June 6, 2000 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. 6957 Page 11 - CITY OF POWAY - June 6, 2000 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 6958