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).
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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 )
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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)
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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.
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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.
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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
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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.
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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.
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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
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