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CC 2001 04-17CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING APRIL 17, 2001 The April 17, 2001, 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.~rive, 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 Robert Clark Jim Howell Dennis Quillen Deborah Johnson Mark Sanchez John Tenwolde Patti Brindle Jennifer Johnson Brad Kutzner David Narevsky Javid Siminou City Manager Deputy City Manager Deputy City Clerk City Attorney Director of Administrative Services Director of Community Services Director of Public Works Assistant Director of Public Works Director of Redevelopment Services Director of Safety Services Sheriff's Captain City Planner Management Analyst Senior Civil Engineer Redevelopment Manager City Engineer PLEDGE OF ALLEGIANCE Deputy Mayor Goldby led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following people were present wishing to speak: 72O5 Page 2 - CITY OF POWAY- April 17, 2001 Nate Sparks, 10931 Creekbridge Place, San Diego, representing Meadowbrook Middle School, made a presentation that a group of students at the school have been working on in regards to the traffic flow around the school. John Colmenarez, 12509 Oak Knoll Rd. #5A, representing Meadowbrook Middle School, continued with the presentation in regards to the traffic flow around the school. Zachary VanOiggelen, 12211 VVilsey Way, representing Meadowbrook Middle School, continued with the presentation in regards to the traffic flow around the school. Alison Bussett, 11211 Eagles Creek Ct., San Diego, representing Meadowbrook Middle School, continued with the presentation in regards to the traffic flow around the school. Louis Tooch, 14105 Powers Road, expressed his views on the widening of Pomerado Road at Scripps Poway Parkway. Howard Stacklin, 13149 Tobiasson Road, expressed his views on energy issues. CONSENT CALENDAR Councilmember Emery requested Item 7 be pulled from the Consent Calendar for discussion. Motion by Deputy Mayor Goldby, seconded by Councilmember Rexford, to approve the remainder of the Consent Calendar as follows: Ratification of Warrant Register for the period of March 19-23 and 26-30, 2001. (401-10) Approval of Minutes - City Council March 20, 2001 - Regular Meeting March 27, 2001 - Regular Meeting 6. Approval of City's Investment Report as of February 28, 2001. (408-01) o Approval of Release of Grading Bond No. 172 04 48 in the amount of $258,000 and a cash security of $40,000 for Parkway Centre Four relating to TTM 98-05; Don Mitchell, Parkway Centre Four Investors, LLC, Applicant. (203-01) 72O6 Page 3 - CITY OF POWAY - April 17, 2001 10. 11. 12. 13. 14. 15. 15.2 Approval of Release of the Rider to Grading Bond No. 156 76 26 in the amount of $201,000 and a cash security of $40,000 for Parkway Business Centre III relating to TTM 98-05; Don Mitchell, Parkway Business Centre III, LLC, Applicant. (203-01) Award of Bid for the Poinsettia Family Mobilehome Park Sewer Lateral Modifications, and Determination of Benefit to the Paguay Redevelopment Project to C & L Construction, Inc. in the amount of $47,163.52; adoption of Resolution Nos. 01-018 and R-01-02 determining that the project is a benefit to the Paguay Redevelopment Project. (602-01 #306R) Adoption of Resolution No. P-01-17 - Approving Temporary Use Permit 01-24, City of Poway Community Services, Applicant, for Annual Earth Day/Arbor Day Celebration at 14134 Midland Road, Old Poway Park, on Saturday, April 21,2001 from 9:00 a.m. to 2:00 p.m. Event to include a flower show, live music, live animals, environmental booths, nature displays, exhibits and crafts. (203-07) Adoption of Resolution No. P-01-18 - Approving Temporary Use Permit 01-16, Poway Chamber of Commeme, Applicant, for Annual Poway Spring Fest 2001 Street Fair on Midland Road between Poway Road and Hilleary Place, April 22, 2001 from 10:00 a.m. to 4:00 p.m. Said section of Midland Road to be closed from 5:00 a.m. to 7:00 p.m. Event to include approximately 200 booths, one stage with live entertainment and a kids zone. (203-07) Rejection of Claims Against the City: 1 ) David and Nancy Jerse, 2) Ted and Joanne Smith. (704-13) Adoption of Resolution No. 01-019 - Declaring the Intent of the City of Poway to Order the Acquisition of Certain Improvements and to Form Assessment District No. 2001-1 (Old Coach Road Water Line Project) and Making Certain Findings and Determinations in Connection Therewith, and Resolution No. 01-020 -Approving a Report and Fixing the Time and Place of Hearing Protests to Proposed Improvements. (705-16) Approval of Positions on Pending Legislation: Support SB 793 Child Day Care Facilities. Oppose: SB 829 Transportation: Funding; and SB 910 General Plans: Housing Elements. Consideration of Approval of Community Contribution Request in the amount of $5,000 in Matching Funds, for Poway High School Football Stadium. (1180-05/1503-06R) 7207 Page 4 - CITY OF POWAY -April 17, 2001 Motion carried unanimously. Mayor Cafagna requested that Item 2 be heard at this time. ITEM 2 (1204-13) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FOR STORM WATER DISCHARGE Introduction by City Manager Bowersox. Director of Public Works Howell provided an update on the status of the compliance with the State Regional Water Quality Control Board and the storm water discharge plan. On December 19, 2000, staff presented an in depth overview of the tentative NPDES Permit. On February 21, 2001, the Regional Quality Control Board adopted a modified permit. Those modifications were based on the comments that were submitted by agencies as well as elected officials. The most significant changes were the extended timelines and the "lead" agency responsibilities for the Penasquitos Watershed was reassigned from Poway to the City of Del Mar. Poway remains a co-permittee and the City is still mandated by the State of California to comply with the stringent requirements of the permit. Development Services and Public Works staff are participating in ten Technical Advisory Committees in order to develop new programs designed to comply with the new permit requirements. After the programs are developed, staffwill come back for program approval and funding. The City's current costs are approximately $500,000 a year. During the next year the startup costs to comply with the new program will be $400,000-$500,000 dollars. At the start-up of the program, the City will also be required to have programs fully implemented by February 21, 2002. Annual costs for the program will be approximately $1.2 - $1.5 million dollars. Some funding options for this program are grants, State or Federal funds, the use of General Funds, or the imposition of a storm drainage fee for residential and commercial/multiple family parcels for the purpose of funding storm water programs. There was no one present wishing to speak. Council concurred that staff should pursue grant opportunities; look at what service reductions would be needed if the program was fully funded by the General Fund; and to look at imposing a storm drainage fee for residential and commercial/multiple family parcels for the purpose of funding the storm water programs. 7208 Page 5 - CITY OF POWAY -April 17, 2001 ITEM 1 (1141-09) ENVIRONMENTAL ASSESSMENT CITY OF POWAY WASTEWATER SYSTEM MASTER PLAN Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. Dudek and Associates were hired to survey the existing wastewater system and to project the ultimate needs of Poway to determine where any deficiencies might be. The new Master Plan shows that Poway's wastewater system is very well designed. No major flaws exist that require massive changes. There are a few isolated areas with relatively small problems that, at build-out, will become a little more severe. However, the system has been designed and maintained adequately, and presents very few problems to the residents it serves or to the staff that maintains it. Historically, the City has estimated 250 gallons per day per equivalent dwelling unit. Using 250 GPD has always given the system design a "factor of safety" that has served the City well as it has gone through periods of growth. As Poway enters the last phases of its development toward build-out, it is presently at approximately 85% of its maximum project population. As the City nears the ultimate population, this over-estimate has less value than earlier and begins to overstate the City's actual needs. Since the City purchases capacity from the Metropolitan Wastewater Treatment facility in Point Loma, it is important that we not purchase more treatment capacity than actually needed. Continuing to use 250 GPD will over-estimate our actual flows and may show a need to purchase more pipeline and transmission capacity from San Diego than necessary. Additionally, using the 250 GPD figure will also make the modeling effort indicate the need for more pipes needing replacement in Poway than actual flows would require. These factors lead to higher cost projects than are actually needed. Staff is recommending this item be continued until staff is further able to address the technicalities of the Storm Water Element of the Wastewater Master Plan. There was no one present wishing to speak. Motion by Deputy Mayor Goldby, seconded by Councilmember Rexford to continue this item until staff has prepared a Storm Water Element for the Wastewater Master Plan. Motion carried unanimously. 7209 Page 6 - CITY OF POWAY- April 17, 2001 ITEM 7 (1002-06) VACATION 01-01 OPEN SPACE AND EQUESTRIAN/ PEDESTRIAN EASEMENT APPLICANTS: NORMAN AND LYNN ELLIS AND STEPHEN AND LUClLA SIMPSON Councilmember Emery inquired about the existing trail going onto the adjoining property and whether the City had an easement on that adjoining property. City Manager Bowersox stated that the adjoining property does have an easement on it and the trail has been constructed; therefore the subject easement no longer serves the public need. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Deputy Mayor Goldby, to adopt Resolution No. 01-021, entitled, "A Resolution of the City Council of the City of Poway, California, Ordering the Vacation of the 20 Foot Open Space and Equestrian/Pedestrian Easement within Parcel 1 and Parcel 2 of Parcel Map No. 17310." Motion carried unanimously. CITY MANAGERITEMS 16. City Manager Bowersox announced that Elaine Wilcox had returned to work part- time, and hopes to be back full-time by May 1st. CITY ATTORNEY ITEMS 17. City Attorney Eckis requested the following Closed Session. He then stated that a report out would not be made. Conference with Real Property Negotiator Government Code 54956.8 Property: 13036 Poway Road Negotiating Parties: James L. Bowersox, City Manager Richard Darr, Seller 7210 Page 6 - CITY OF POWAY- April 17, 2001 MAYOR AND CITY COUNCIL - INITIATED ITEMS 18. Councilmember Emery requested that the City lobby in opposition to SB 910; and look into the City's provisions regarding reclaimed water being used. CLOSED SESSION Mayor Cafagna called for Closed Session at 8:11 p.m., as requested by the City Attorney. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 8:20 p.m. with all members present, and adjourned the meeting at 8:22 p.m., upon motion by Councilmember Higginson, seconded by Deputy Mayor Goldby. Sherrie D. Worrell, Deputy City Clerk City of Poway 7211