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CC 2000 12-05CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING DECEMBER 5, 2000 The December 5, 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 Ddve, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Penny Riley Lod Anne Peoples Sherrie Worrell Steve Eckis Warren Shafer Niall Fritz Jim Howell Dennis Quillen Deborah Johnson Mark Sanchez John Tenwolde Javid Siminou Patti Brindle Jennifer Johnson City Manager Deputy City Manager City Clerk Deputy City Clerk City Attorney Director of Administrative Services Director of Development Services Director of Public Works Deputy Director of Public Works Director of Redevelopment Services Director of Safety Services Sheriffs Captain City Engineer City Planner Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Higginson led the Pledge of Allegiance. NOVEMBER 7, 2000 GENERAL MUNICIPAL ELECTION City Clerk Peoples reported the results of the November 7, 2000 General Municipal Election held to elect two members of the City Council for four year terms. She stated that the total number of votes cast was 21,468 our of 27,234 registered voters. Jay Goldby received 11,771 votes and Bob Emery received 11,467 votes. 7101 Page 2 - CITY OF POWAY - December 5, 2000 Motion by Deputy Mayor Higginson, seconded by Mayor Cafagna to adopt Resolution No. 00-109, entitled, "A Resolution of the City Council of the City of Poway, California, Reciting the Fact of the General Municipal Election Held on November 7, 2000, Declaring the Results Thereof and Such Other Matters as Provided by Law." Motion carried unanimously. City Clerk Peoples administered the Oaths of Office to Councilmembers Jay Goldby and Bob Emery. Motion by Deputy Mayor Higginson, seconded by Councilmember Emery, to appoint Councilmember Goldby as Deputy Mayor. Motion carried unanimously. PRESENTATIONS Mayor Cafagna presented a 20-Year Service Award to Councilmember Emery. Mayor Cafagna then presented a Certificate of Commendation to Ed Wilczak, Building Services Manager, for Outstanding Service to the City from February 1989 to December 2000. Ed has accepted a position with the City of Norco. Ed VVilczak introduced Mark Beauchamp who will be taking his place as the Building Services Manager from Esgil, with the City of Poway. SANDAG Project Manager Mike Hix, made a brief powerpoint presentation on the Public Outreach for the Airport Economic Analysis Program. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following people were present wishing to speak: Scott Higley and Tom Farley, 12601 Cobblestone Creek Road, presented a holiday message to the Mayor and Council. CONSENT CALENDAR Motion by Deputy Mayor Goldby, seconded by Councilmember Emery to approve the Consent Calendar as follows: Ratification of Warrant Register for the Period of November 6-10 and November 13- 17, 2000. (401-10) 7102 Page 3 - CITY OF POWAY - December 5, 2000 Adoption of 2001 Calendar for Canceled Meetings - authorizing the cancellation of January 2, April 10, May 29, July 3, July 24, August 7 and 21, September 11, November 6 and 20, December 25 and January 1, 2002 regular meetings. Also rescheduling the regular workshop meetings of January 4 to 11, July 5 to 12 and January 3, 2002 to January 10, 2002. (701-01) o Approval of Agreement with Revenue and Cost Specialists, LLC in the amount of $32,400 for a Development Impact Fee Study. (602-01 # 1454) Acceptance of Seal Coat Project, 2000-2001 Street Maintenance Program (#~,07- 4320) from California Pavement Maintenance Co., Inc. (602-01 #1409) 10. Acceptance of the Crack Seal Project, 2000-2001 Street Maintenance Program (#407-4320) from Rubberized Crackfiller Sealant, Inc. (602-01 #1401) 11. Adoption of Resolution No. 00-110 - Accepting the Dedication of Lot A, Pomerado Road of Final Map 8558 for street and public utility purposes; and approval of Parcel Map for TPM 00-09, San Diego Interfaith Housing Foundation and Brookview Senior Housing Partners, Applicants. (203-02) 12. Approval of Temporary Use Permit 00-104; Jennifer Johnson and James Bentz, City of Poway, Applicants. A request for two separate community events to be held in Old Poway Park. The City of Poway's 20th Birthday Celebration is scheduled from 10:00 a.m. to 4:00 p.m., and the Seventh Annual Christmas in the Park is scheduled from 4:00 p.m. to 8:30 p.m. on Saturday, December 16, 2000. Adopted Resolution No. P-00-93. (203-07) 13. Award of Bid for the Ilene Street Neighborhood Drainage Improvements Project to ******* in the amount of $***********. (#5418). (REJECTED ALL BIDS) (601-03) 14. Extension of Agreement with Group Delta Consultants, Inc. for Geotechnical Services to the City Council and Redevelopment Agency through October 28, 2001. (602-01 #956) 14.1 Compensation Increases for the City Clerk and City Manager. (602-01 #26, #1265) 14.2 Adoption of Resolution No. 00-111 - Commending Eagle Scout Daniel Christopher Faraci. (701-17) 14.3 Adoption of Resolution No. 00-112 - Commending Eagle Scout Kenneth R. Kordela. (701-17) 7103 Page 4 - CITY OF POWAY - December 5, 2000 14.4 Adoption of Resolution No. 00-113 - Commending Eagle Scout Bdan Chades Miller. (701-17) 14.5 Adoption of Resolution No. 00-114 - Commending Eagle Scout Kevin Sterling Schlitz. (701-17) Motion carried unanimously. ITEM 1 (602-01 #9/701-04) ORDINANCE NO. 532/FIRST READING 1959 SURVIVORS BENEFITS PERS CONTRACT AMENDMENT Mayor Cafagna opened the public hearing and read the title of Ordinance No. 532, "An Ordinance of the City of Poway, California, Authorizing an Amendment to the Contract Between the City Council and the Board of Administration of the California Public Employees' Retirement System." There was no one present wishing to speak. Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to close the public hearing, waive further reading and adopt Ordinance No. 532. Motion carried unanimously. ITEM 2 (1002-01R) APPROPRIATION OF FUNDS ACQUISITION OF PROPERTY 14124 YORK AVENUE SELLERS: BEN AND VERONICA ELLORIAN Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. The City of Poway has learned that a pamel on York Avenue (APN 314-201-03) has been listed for sale. Acquisition of the parcel is consistent with previous direction from the Council to acquire flood-prone property for potential sports fields when a lot is offered for sale. The purchase price is $37,200 and estimated closing costs are under $3,000. Staff is requesting an appropriation of $40,000 to acquire the property. There was no one present wishing to speak. Motion by Councilmember Rexford, seconded by Councilmember Emery, close the public hearing, issue a Negative Declaration, appropriate $40,000 and approve the purchase of 14124 York Avenue. Motion carried unanimously. 7104 Page 5 - CITY OF POWAY - December 5, 2000 ITEM 3 (1110-07) STREET NAME CHANGE 00-03 LUCIDI FARMS WAY APPLICANT: ZIP LUCIDI Staff report by City Manager Bowersox. This is a request for approval to assign a family name (Lucidi Farms Way) to a new private street located off of Poway Road, just west of Highway 67. The street segment provides access to five lots with the applicant owning three of the lots. The applicant is constructing a horse boarding facility and single-family residence on his property. The other two parcels are vacant and the owners of those parcels are in support of the proposed street name. There was no one present wishing to speak: Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to adopt Planning Resolution No. P-00-94, entitled, "A Resolution of the City Council of the City of Poway, California Approving Street Name Change 00-03." Motion carried 4-1 with Councilmember Emery voting "no." ITEM 4 (203-10) APPEAL OF CONDITIONS OF APPROVAL MINOR DEVELOPMENT REVIEW 00-96 APPLICANT: ARCHIE PAVEK Staff report by City Manager Bowersox. The applicant was appealing the approval of Minor Development Review 00-96. The approval was issued on October 30, 2000 and the appeal submitted on November 9, 2000. The conditions of approval being appealed relate to the required improvements to Heath Drive and to the payment of a water service Base Capacity fee. The subject property is located at 15045 Heath Drive. The applicant has submitted a letter this evening withdrawing his appeal. The following person was present wishing to speak: Archie Pavek, 15045 Heath Drive, expressed concerns with a wall obstruction on the road he is required to widen. City Attorney Eckis advised Council that to hear this item, they need to take action to reject the request to withdraw the appeal. Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to reject the request to withdraw the appeal. Motion carried unanimously. 7105 Page 6 - CITY OF POWAY - December 5, 2000 General discussion ensued. Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to adopt Planning Resolution No. P-00-95, entitled, "A Resolution of the City Council of the City of Poway, California Approving Minor Development Review 00-96 Assesso¢s Parcel Number 314-360-20" as amended to allow bonding for the road improvements. Motion carried unanimously. ITEM 4 (203-15) REQUEST FOR REHEARING COMPREHENSIVE SIGN PROGRAM (CSP) 00-03 APPLICANT: NAPOLI BUSINESS PARK Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. Staff is requesting that the rehearing for this item be continued to the City Council meeting of December 12, 2000, because the applicant has initiated further discussion with staff regarding the compliance matter. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Deputy Mayor Goldby, to continue the item to December 12, 2000. Motion carried unanimously. CITY ATTORNEY ITEMS 16. City Attorney Eckis requested a Closed Session be added to the agenda as Item 16A. The need to take action arose after the posting of the agenda. The item to be discussed is Pending Litigation, Government Code §54956.9(a) Poway Land vs Poway, San Diego Superior Court Case #701895 Motion by Councilmember Higginson, seconded by Deputy Mayor Goldby, to add the requested Closed Session to the agenda. Motion carried unanimously. CLOSED SESSION Mayor Cafagna called for a Closed Session as requested by the City Attorney at 8:36 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 8:43 p.m. with all Councilmembers present. 7106 Page 7 - CITY OF POWAY - December 5, 2000 City Attorney Eckis announced that Council had voted unanimously to not appeal the court decision. Mayor Cafagna adjourned the meeting on motion by Councilmember Emery, seconded by Deputy Mayor Goldby at 8:44 p.m. nne P~01~les: City-Clerl~ City of Poway 7107