Loading...
CC 2001 07-10CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JULY 10, 2001 The July 10, 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 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 Lori Anne Peoples Steve Eckis Warren Shafer Peter Moote Robert Clark Niall Fritz Jim Howell Deborah Johnson Mark Sanchez Leonard Zuniga Ingrid Alverde Michael Putnam Javid Siminou Patti Brindle Jennifer Johnson City Manager Deputy City Manager City Clerk City Attorney Director of Administrative Services Deputy Director of Administrative Services Director of Community Services Director of Development Services Director of Public Works Director of Redevelopment Services Director of Safety Services Sheriff's Lieutenant Economic Development Manager Performing Arts Center Manager City Engineer City Planner Management Analyst PLEDGE OF ALLEGIANCE Boy Scout Troop ~79 Presented the Colors and Led the Pledge of Allegiance. PRESENTATIONS Mayor Cafagna presented a check for $3,500 to Howard Collins of GEICO Direct, Chairman of the Poway Business Park Association (PBPA). 7290 Page 2 - CITY OF POWAY - July 10, 2001 Mayor Cafagna also presented a Proclamation to Paul Neumeister in Recognition as San Diego County's "Volunteer of the Year' by the Aging and Independence Services Department. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following people were present wishing to speak: Carol Funk, 11319 Creek Road, and her neighbors, requested Council support in the efforts against the McMillin project, Rancho Encantada, which will effect the quality of life in their neighborhood on Beeler Canyon and Creek Road. Scott Curtis, 11319 Creek Road Javier Merino, 11540 Creek Road Penne Hammerstead, 11624 Creek Road David Davis, 11019 Beeler Canyon Road Tim Smith, 11055 Beeler Canyon Road Kelly Hutchinson, 11225 Beeler Canyon Road Mary Adams, 11125 Beeler Canyon Road Paul Rexford, 11570 Creek Road Neville Bothwell, 5302 Alta Bahia Drive, San Diego, property owner on Creek Road Ed Carboneau, 14073 Pomegranate, thanked Redevelopment Services Director Johnson for her assistance in getting the trash collection changed from 8 to 9 a.m. in the mobile home park. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Rexford, to approve the Consent Calendar as follows: Ratification of Warrant Register for the Periods of June 11-15 and June 18-22, 2001. (401-10) 10. Approval of Minutes - City Council June 12, 2001 - Regular Meeting 12. Approval of City's Investment Report as of May 31,2001. (408-01 ) 7291 Page 3 - CITY OF POWAY - July 10, 2001 13. Adoption of Resolution No. 01-062 - Designating Voting Delegate and Alternates to the Southern California Joint Powers Insurance Authority (SCJPIA) and Rescinding Resolution No. 00-049. (1053-21) 14. Award of Bid for Water Treatment Plant Chemicals for FY 2001/2002 in the amount of $163,004.02 to: A) Rhodia, Inc. -Alum - $39,671.60; B) JCl Jones Chemicals, Inc. - Chlorine - $31,165.00; C) Sweetwater Technologies - Potassium Permangante - $13,960.32; D) JCl Jones Chemicals, Inc. - Sodium Hydroxide - $63,635.20; E) Hill Brothers Chemical Company - Aqua Ammonia - $14,571.90. (601-03) 15. Award of Contract for Electrical Services to Neal Electric on an as-needed basis. (602-01 #1490) 16. Approval of Programming Agreement with the Poway Center for the Performing Arts. (602-10 #1164) 17. Adoption of Resolution No. 01-063 - Establishing a Fee for an Administrative Outdoor Display Permit (ZOA 01-02). (402-05/701-04) 18. Adoption of Planning Resolution No. P-01-33 - Comprehensive Sign Program 01- 01, Clear Sign and Design, Inc., Applicant: A request to approve a Comprehensive Sign Program for the Legacy Stowe Business Center located at 14005 Kirkham Way and 14102-14118 Stowe Drive. AssessoCs Parcel Number 323-090-95, 96, 97 and 98. (203-15) 19. Award of Bid for the 01-02 Seal Coat Program to California Pavement Maintenance, Inc., in the amount of $982,854.60 (Bids to be opened June 28, 2001 .) (601-02#1491) 19.1 Approval of Positions on Pending Legislation: Support AB 1477 - State Non- emergency Telephone Number System; SB x2 84 - State Energy Resources Conservation and Development Commission; ACA 10 - Local Government Finance: Property Tax Revenue Allocation: Local Agency Relief; and SB 424 - Workers' Compensation. (701-11) 19.2 Adoption of Resolution No. P-01-34 - Approving Street Name Change 01-02, Rex Brown, Parkway Development, LLC/McMillin Companies Applicant: A request to change the name of that portion of Danielson Street between Scripps Poway Parkway and Kirkham Way to Gateway Place. (1110-07) 7292 Page 4 - CITY OF POWAY - July 10, 2001 19.3 Approval of Extension of Law Enforcement Contract with The County of San Diego - Sheriff's Department through June 30, 2002. (602-01 #59) Motion carried unanimously. ITEM 1 (701-04) ORDINANCE NO. 542/FIRST READING DECORUM AT CITY COUNCIL MEETINGS Mayor Cafagna opened the public hearing and read the title of Ordinance No. 542, "An Ordinance of the City of Poway, California, Amending Chapter 2.18 of the Poway Municipal Code Concerning Decorum at City Council Meetings." Introduction by City Manager Bowersox. Overview of staff report by City Attorney Eckis. The proposed ordinance would clarify that civil conduct is expected at City Council meetings, and that if a participant's conduct disrupts the meeting, the participant may be removed from the podium, or if necessary to maintain order, from the meeting room. The following person was present wishing to speak: Ed Carboneau, 14073 Pomegranate, expressed his views on decorum at Council meetings. Motion by Councilmember Higginson, seconded by Councilmember Rexford, to waive further reading and continue the public hearing to July 31, 2001 for second reading and adoption. Motion carried unanimously. ITEM 2 (701-04) ORDINANCE NO. 543/FIRST READING WATER SERVICE CHARGES AND RATES Mayor Cafagna opened the public hearing and read the title of Ordinance No. 543, "An Ordinance of the City of Poway, California, Amending Chapter 13.11.010, Schedule of Water Service Charges and Establishing Water Rates." Staff report by City Manager Bowersox. This ordinance maintains the current water use per unit charge at $1.766 per unit and adjusts basic water service charges and pumping charges through December 2002. The current charges for water pumping will be increased from their current levels effective the first full billing cycle after July 1,2001, and will reflect actual energy costs to the City no more frequently than once bi-monthly. The current water service charges are proposed to be adjusted in accordance with the ordinance establishing water rates and service charges, effective the first full billing cycle after July 1,2001. 7293 Page 5- CITY OF POWAY- July 10, 2001 There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford, to waive further reading and continue the public hearing to July 31,2001 for second reading and adoption. Motion carried unanimously. ITEM 3 (701-04) ORDIANCE NO. 544/FIRST READING SEWER SERVICE CHARGES AND RATES Mayor Cafagna opened the public hearing and read the title of Ordinance No. 544, "An Ordinance of the City of Poway, California, Amending Chapter 13.03.010, Schedule of Sewer Service Charges and Establishing Sewer Rates." Staff report by City Manager Bowersox. The ordinance increases sewer rates effective the first full billing cycle after July 1, 2001, by an average of 4% plus $1 per month replacement reserve charge for single-family residential customers, and is variable to 7% for non-single family residential customer service classes. There was no one present wishing to speak. Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to waive further reading and continue the public hearing to July 31,2001 for second reading and adoption. Motion carried unanimously. ITEM 4 (1002-06) VACATION 01-02 COUNTRY SQUIRE DRIVE SOUTH OF PEDRIZA DRIVE Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. The City Council declared the intention to vacate the above subject street and public service easement per Resolution No. 01-043 adopted on June 12, 2001. The Retirement Housing Foundation (RHF) has requested that the City of Poway initiate a proceeding to vacate a portion of Country Squire Drive pursuant to Section 83201(a)(2) of the State Streets and Highways Code. Street and public service easement vacations are conducted under Chapter 3, Part 3, Division 9, commencing at Section 8300 of the State of California Streets and Highways Code. A property owner whose lot adjoins the proposed street vacation has raised a number of questions regarding liability and the ultimate improvements proposed for the vacated portion of Country Squire Drive. Staff is therefore recommending this item be continued until August 14, 2001 in order to allow staff to respond to questions and determine, in more detail, the proposed improvements for the vacated portion of Country Squire Drive. 7294 Page 6 - CITY OF POWAY - July 10, 2001 There was no one present wishing to speak. Motion by Deputy Mayor Goldby, seconded by Councilmember Rexford, to continue the public hearing to August 14, 2001. Motion carried unanimously. ITEM 5 (203-24) MINOR CONDITIONAL USE PERMIT 01-001 APPLICANT: JERRY AND PATTI SlMONSEN Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to install 8 lights at an approved tennis court on a 2.6-acre residential site at 14105 Biscayne Place. The proposed lights will be shielded and directed away from the adjacent properties. Both the property owner of the adjacent property and the Maderas Golf Course have provided letters of support for the tennis court lights. There was no one present wishing to speak. Motion by Deputy Mayor Goldby, seconded by Councilmember Rexford, to close the public hearing and adopt Planning Resolution No. P-01-35, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Minor Conditional Use Permit 01-001 Assessor's Parcel Number 277-202-08, 09." Motion carried unanimously. ITEM 6 (102-05) STREET NAMING POLICY- REVISED Staff report by City Manager Bowersox. At its December 6, 2001 meeting, Council directed staff to amend the City's Street Naming Policy to include an appeal process for the naming of new streets. There was no one present wishing to speak. Motion by Deputy Mayor Goldby, seconded by Councilmember Rexford, to approve the revised policy. Motion carried unanimously. ITEM 7 (1503-22) YOUTH LEADERS ATTENDANCE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Staff report by City Manager Bowersox. Annually, the City of Poway has participated in the League of California Cities Conference. This year, the City was notified that the Annual 7295 Page 7 - CITY OF POWAY - July 10, 2001 Conference, scheduled for September 12-15, will include invitations to youth leaders in California cities to participate. Staff is recommending that Council approve the attendance of 3-4 youth and a staff member to participate. This would require an appropriation of $1,400 from the General Fund's Unappropriated Fund Balance to the Community Services Department, Recreation Division, Travel and Meetings. Motion by Deputy Mayor Goldby, seconded by Councilmember Rexford, to approve staff recommendation. Motion carried unanimously. ITEM 8 (401-17) THIRD PARTY RENTAL RATES TECHNICIAN SERVICE FEES POWAY CENTER FOR THE PERFORMING ARTS Staff report by City Manager Bowersox. In order to meet the goal of operating the Poway Center for the Performing Arts for the benefit of the entire community, rental fees are charged to users of the facility to help offset the general fund subsidy that the City provides. An increase of rental fees is proposed over the levels established bythe Council on June 13, 1995. In addition, a new staff service fee is proposed to recover the costs of City staff providing technical theatre support to various users of the facility. Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to adopt Resolution No. 01-064, entitled, "A Resolution of the City Council of the City of Poway, California Establishing the Schedule of Fees for Rental of the Poway Center for the Performing Arts and Rescinding Resolution No. 95-049." Motion carried unanimously. ITEM 8.1 (205-02) PROPOSED FUNDING CAPITAL IMPROVEMENT PROJECTS SERIES 2001 TAX ALLOCATION BONDS Staff report by City Manager Bowersox. This report provides for City Council/Agency consideration of proposed uses of the Poway Redevelopment Agency 2001 Series Tax Allocation Bonds proceeds. Final determination of use of the proceeds and appropriation of funds will be made by future action of the Council. Staff is requesting Council input on the proposed funding and direction to proceed with the update of the City and Redevelopment Agency long-range capital improvement program to be brought back for final consideration, authorization for appropriation of funds and adoption of required benefit resolutions. 7296 Page 8- CITY OF POWAY- July 10, 2001 Motion by Deputy Mayor Goldby, seconded by Councilmember Rexford, to approve staff recommendation. Motion carried unanimously. ClTY MANAGERITEMS 20. City Manager Bowersox welcomed Deputy City Manger Riley back from her lengthy vacation. CITY ATTORNEY ITEMS 21. City ,attorney Eckis requested an additional Closed Session be added to the Agenda as the need to take action arose after the posting of the Agenda. The item is discussion with Legal Counsel on whether or not to initiate litigation under Government Code §54956.9(c), I potential case. Motion by Councilmember Higginson, seconded by Councilmember Rexford, to bring the item onto the Agenda as the need to take action arose after the posting of the Agenda. Motion carried unanimously. MAYOR AND CITY COUNCIL-INITIATED ITEMS 22. Councilmember Emery inquired as to the status of the Council sub-committee on the proposed City Hall building and commented on a newspaper article regarding the proposed new fire station. 25. Councilmember Rexford inquired as to when Oak Knoll Road was going to be paved. 26A. Mayor Cafagna requested a Closed Session for Public Employee Performance Evaluation under Government Code §54957, Position Titles: City Attorney and City Manager. CLOSED SESSION Mayor Cafagna called for Closed Session as requested by the City Attorney and himself at 8:07 p.m. 7297 Page 9 - CITY OR POWAY - July 10, 2001 CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 9:54 p.m. with all members present and adjourned the meeting upon motion by Councilmember Higginson and second by Councilmember Rexford at 9:55 p.m. L~3ri)Anne Peoples, city Cle~-k -- City of Poway 7298