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CC 2001 07-31CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JULY 31, 2001 The July 31,2001, 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, Betty Rexford, Mickey Cafagna COUNCILMEMBERS ABSENT AT ROLL CALL Don Higginson STAFF MEMBERS PRESENT James Bowersox Penny Riley Lori Anne Peoples Steve Eckis Warren Shafer Robert Clark Niall Fritz Jim Howell Dennis Quillen Deborah Johnson Mark Sanchez John Tenwolde Javid Siminou Patti Brindle Jim Nessel Jim Lyon Kris Gridley Jennifer Johnson City Manager Deputy City Manager City Clerk City Attorney Director of Administrative Services Director of Community Services Director of Development Services Director of Public Works Deputy Director of Public Works Director of Redevelopment Services Director of Safety Services Sheriff's Captain City Engineer City Planner Senior Planner Assistant Planner Redevelopment Project Administrator Senior Management Analyst PLEDGE OF ALLEGIANCE Boy Scout Troop #625 Presented the Colors and led the Pledge of Allegiance. 73O7 Page 2 - CITY OF POWAY - July 31, 2001 PROCLAMATION Mayor Cafagna presented a Proclamation declaring the month of August 2001 as "Children's Vision and Learning Month" to Lyna Dyson from Dr. Janiuk's Office. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following people were present wishing to speak: Tom Stahl, 13199 Triumph Drive, thanked the Council and staff for their support of scouting programs. David Kern, 14694 High Valley Road, expressed concerns with the waterline contractor. Jan and Michael Parsons, 12910 Cree Drive, expressed concerns with a proposed granny fiat on the property below theirs which will potentially block their view and decrease their property value. CONSENT CALENDAR Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to approve the Consent Calendar as follows: 15. Ratification of Warrant Register for the Periods of July 2-6 and 9-13, 2001. (401-10) 16. Approval of Minutes - City Council July 10, 2001 - Regular Meeting July 12, 2001 - Canceled Adjourned Regular Meeting 18. Approval of Third Amended Agreement Between the County of San Diego and the City of Poway for the Provision of Animal Control Services. (602-01 #90) 19. Approval of Agreement to Maintain and Operate the City of Poway's Trolley Bus, Between the City of Poway and Laidlaw Transit Services and appropriation of $5,000. (602-01 #1496) 20. Award of Bid for the Community Park Renovation Project to C.D.M. Construction, Inc./Messner Engineering in the amount of $172,077.80. (602-01 #1497) 73O8 Page 3 - CITY OF POWAY - July 31, 2001 21. Rejection of Claim Against the City - Margarita L. Krafton. (704-13) 21.1 Approval of Positions on Pending Legislation: Support SCA 5 - Local Government: Special Taxes: Transportation; SCA 6- Transportation Funding; AB 86 - Local Law Enforcement Funding and Oppose SB 90 - Public Employees' Retirement: Local Safety Member Benefits. (701-11) 21.2 Adoption of Resolution No. 01-066 - Commending Eagle Scout Riley C. Plumb. (701-17) Motion carried 4-0 with Councilmember Higginson absent. ITEM 1 (701-04) ORDINANCE NO. 542/SECOND 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. 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. 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. 542. Motion carried 4-0 on a roll call vote with Councilmember Higginson absent. ITEM 2 (701-04) ORDINANCE NO. 543/SECOND 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 7309 Page 4 - CITY OF POWAY - July 31, 2001 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. There was no one present wishing to speak. Motion by Councilmember Rexford, seconded by Councilmember Emery, to close the public hearing, waive further reading and adopt Ordinance No. 543. Motion carried 4-0 on a roll call vote with Councilmember Higginson absent. ITEM 3 (701-04) ORDIANCE NO. 544/SECOND 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 Rexford, to close the public hearing, waive further reading and adopt Ordinance No. 544. Motion carried 4-0 on a roll call vote with Councilmember Higginson absent. ITEM 4 (401-27) FIRE PROTECTION/STREET IMPROVEMENT TAX ROLL FOR FY 2001-2002 ITEM 5 COMMUNITY FACILITIES DISTRICT NO. 88-1 FY 2001-02 SPECIAL TAX RATE ITEM 6 COMMUNITY FACILITIES DISTRICT NO. 1 FY 2001-02 SPECIAL TAX RATE 7310 Page 5 - CITY OF POWAY - July 31, 2001 ITEM 7 WEED AND NUISANCE ABATEMENT TAX ROLL FOR FY 2001-02 Mayor Cafagna opened the public hearings. Staff report by City Manager Bowersox. Annually, the City collects various taxes, fees, charges, and assessments on the tax rolls by following the procedures set up for such collections by the County. Item 4 is to set the assessment for fire protection in Assessment District 96-1 (High Valley Roads) and the neighborhood loan projects including Creek Road/Stage Stop Drive sewer improvements; Joshua Tree Court street improvements; Cobblestone Creek bridge and street improvements; Golden Way sewer; Budwin Lane street improvements; Old Espola Road sewer and Ann-O-Reno Lane street improvements. Item 5 sets the special tax for South Poway Community Facilities District No. 88-1 which is the Parkway Business Centre. Item 6 sets the special tax for South Poway Community Facilities District No. 1 which is the Pomerado Business Park and Item 7 sets the charges from weed and nuisance abatement done by the City's contractor. There was no one present wishing to speak on any of the Items, 4 through 7. Motion by Deputy Mayor Goldby, seconded by Councilmember Rex'ford, to close the public hearing and adopt Resolution No. 01-067, entitled, "A Resolution of the City Council of the City of Poway, California, Establishing the Fire Protection Tax, the Street and Water and Sewer Assessments, and the Road Improvement Assessments to be Collected on the Property Tax Roll for Fiscal Year 2001-2002." Motion carried 4-0 with Councilmember Higginson absent. Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the public hearing and adopt Resolution No. 01-068, entitled, '% Resolution of the City Council of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied on Property within the South Poway Community Facilities District No. 1 for Fiscal Year 2001-2002." Motion carried 4-0 with Councilmember Higginson absent. Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the public hearing and adopt Resolution No. 01-069, entitled, "A Resolution of the City Council of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied on Property within the Community Facilities District No. 88-1 (Parkway Business Centre) for Fiscal Year 2001-2002." Motion carried 4-0 with Councilmember Higginson absent. 7311 Page 6 - CITY OF POWAY - July 31, 2001 Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to close the public hearing and adopt Resolution No. 01-070, entitled, "A Resolution of the City Council of the City of Poway, California, Approving the Report Prepared for the Collection of Weed and Nuisance Abatement Charges on the County Tax Assessor's Roll for Fiscal Year 2001- 2002." Motion carried 4-0 with Councilmember Higginson absent. ITEM 8 (203-08/203-14) ENVIRONMENTAL ASSESSMENT CONDITIONAL USE PERMIT 84-16M(2) DEVELOPMENT REVIEW 01-04 BOYS AND GIRLS CLUB OF INLAND NORTH COUNTY APPLICANT: CITY OF POWAY Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Section 17.23.020 of the Poway Municipal Code requires the approval ora Conditional Use Permit for the construction of public or private recreational facilities in the Open Space- Recreation zone. Development Services Director Fritz provided an overview of the staff report and responded to questions of the Council. The proposed application requests a second modification of CUP 84-16 to permit the construction of a 20,253-square-foot Boys & Girls Club in the Poway Community park, which would include an 8,780-square-foot gymnasium, an 8,094-square-foot clubhouse, a 1,975-square-foot classroom, and a 1,404- square-foot (28-child) day care facility. Additionally, the current 66-space parking lot will be increased to 127 spaces. The property is located at the southern terminus of Bowron Road within the Poway Community Park. The following people were present wishing to speak: Clark Moskop, 12903 Creek Park, spoke in opposition. Robert McQuead, 239 S. Maple Street, Escondido, Project Architect, spoke in support. Danny Sherlock, 12320 Meadowbrook Lane, Chairman of the Boys & Girls Clubs United, spoke in support and responded to questions of the Council. Jay Mehlman, 12911 Creek Park Drive, spoke in opposition. Phyllis Mehlman, 12911 Creek Park Drive, spoke in opposition. Kelly Hutchinson, 11225 Beeler Canyon, spoke in support. 7312 Page 7 - CITY OF POWAY - July 31, 2001 Motion by Councilmember Emery, seconded by Mayor Cafagna, to close the public hearing, issue Negative Declaration and adopt Planning Resolution No. P-01-37, entitled, "A Resolution of the City Council of the City of Poway, California Approving a Modification to Conditional Use Permit 84-16M(2) and Development Review 01-04, Assessor's Parcel Numbers: 317-471-13 and 317-472-13." Motion carried 4-0 with Councilmember Higginson absent. Staff to monitor impacts on the surrounding neighborhood. ITEM 9 (203-08/203-14) CONDITIONAL USE PERMIT 87-03M(2) DEVELOPMENT REVIEW 00-12 APPLICANT: JIM THAYER Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff report by Development Services Director Fritz. This is a request for a modification to a Conditional Use Permit and a Development Review Permit to allow an expansion of the Living Way Church and Preschool. Phase 1 is an 11,735-square-foot sanctuary with 402 seats. Phase 2 is a 3,552-square-foot (302 seat) balcony addition in the sanctuary, and a 6,460-square-foot classroom addition to the assembly building at 13609 Twin Peaks Road. APNs: 314-192-70 and 314-192-72. The following person was present wishing to speak: Jim Thayer, 26491 Merienda, Laguna Hills, architect for the church, spoke in support. Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the public hearing and adopt Planning Resolution No. P-01-38, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 87-03M(2), Approving Development Review 00-12, and Rescinding Resolution Nos. P-87-32 and P-96- 72 Assessor's Parcel Numbers 314-192-70 and 314-192-72." Motion carried 4-0 with Councilmember Higginson absent. ITEM 10 (203-01) NOTICE OF INTENT DRAFT ENVIRONMENTAL IMPACT REPORT NOTICE OF PREPARATION PROPOSED TENTATIVE TRACT MAP 00-02 HIDDEN VALLEY RANCH APPLICANT: ED MALONE Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. The applicant has filed a development application (proposed TTM 00-02) and other related 7313 Page 8 - CITY OF POWAY - July 31,2001 applications for APNs: 277-070-33 (194.95 acres); 277-080-03 (200.00 acres); and 277- 080-22 (20.00 acres). Staff has determined that the completion of an EIR is necessary to address the potential significant impacts of the proposed project. The purpose of this public scoping hearing is to obtain public input on the scope and content of the project EIR. It is recommend that Council conduct the public scoping hearing and direct staff to complete the EIR process for the proposed project and all related project applications. The following person was present wishing to speak: Becky Lindsay, 16718 Avenida Florencia, representing the Green Valley Civic Association expressed the Associations' concerns should the avocado trees cease to be farmed in the future. Motion by Deputy Mayor Goldby, seconded by Mayor Cafagna, to close the public hearing and direct staff to complete the EIR process. Motion carried 4-0 with Councilmember Higginson absent. ITEM 11 (203-02) TENTATIVE PARCEL MAP 01-02 APPLICANT: DON MECHLING Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request for approval of a Tentative Parcel Map to subdivide an 8.7-acre parcel into two parcels, one of 4.5 acres and one of 4.2 acres. The subject site is located south of Millards Ranch Lane, west of Dos Amigos Way. The map would replace a previously approved, identical Tentative Parcel Map for the site (TPM 98-10, approved on September 15, 1998) which has since expired. The site has already been graded in reliance on the TPM 98-10 approval. In addition, one house is nearing completion on one of the lots. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the public hearing and adopt Planning Resolution No. P-01-39, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Parcel Map TPM 01-02 and Rescinding Resolution No. P-98-51 Assessor's parcel Number 321-271-34." Motion carried 4-0 with Councilmember Higginson absent. ITEM 12 (704-10) STATUS REPORT ILLEGAL ENCAMPMENTS 7314 Page 9 - CITY OF POWAY - July 31,2001 Staff report by City Manager Bowersox. Staff provides the Council with quarterly reports on the status of illegal encampment activities within the City. This report represents information from the second quarter; covedng April through June, 2001. Staff recommends the report be received and filed. No objection as filed. Councilmember Higginson absent. ITEM 13 (401-30R) FISCAL YEAR 2000-2001 GRANT RECOMMENDATIONS REDEVELOPMENT AGENCY NONPROFIT CAPACITY BUILDING FUND Staff report by City Manager Bowersox. Commencing in FY 2000-01, the Redevelopment Agency has deposited 2 percent of its tax increment funds to be disbursed to nonprofit organizations during the life of the Redevelopment Plan as part of the Settlement for the Smith cases. Staff is recommending that for an initial funding cycle of three years, these funds be allocated to the three nonprofit housing development corporations that currently have a presence in Poway and proposes specific three year funding commitments for each organization. The following person was present wishing to speak: Tom Scott, 13038 Creek Park Drive, representing Community Housing of North County, thanked the Agency for their support. Motion by Deputy Mayor Goldby, seconded by Councilmember Rexford, to appropriate $447,450 to be disbursed to Community Housing of North County, San Diego Interfaith Housing Foundation and Wakeland Housing and Development. Motion carried 4-0 with Councilmember Higginson absent. ITEM 14 (705-16) ASSESSMENT DISTRICT OLD COACH WATER LINE Staff report by City Manager Bowersox. This is a request for consideration of the adoption of Resolutions regarding the Old Coach Water Line Assessment District. The first resolution has been amended since the production of the Agenda to include the authority to levy and collect the Assessments using the County Property Tax Collector. Additionally, the report and resolutions refer to the Assessment District in numerous places as District 2000-1 and should be 2001-1. These corrections will be made prior to processing. 7315 Page 10 - CITY OF POWAY - July 31, 2001 Motion by Councilmember Emery, seconded by Councilmember Rexford to adopt Resolution No. 01-071, entitled, "A Resolution of the City Council of the City of Poway, California Determining Unpaid Assessments in Assessment District No. 2001-1 (Old Coach Road Waterline Project)," Resolution No. 01-072, entitled, "A Resolution of the City Council of the City of Poway Authorizing and Providing for the Issuance of a Bond Act of 1915 for Assessment District No. 2001-1 (Old Coach Road Waterline Project) and Approving Certain Documents and Authorizing Certain Actions in Connection Therewith," and Resolution No. 01-073, entitled, "A Resolution of the City Council of the City of Poway, California, Approving the Purchase of the City's Bond, Issue of 2001, and Making Certain Determinations Relating Thereto." Motion carried 4-0 with Councilmember Higginson absent. ITEM 14.1 (203-21) INITIATION SPECIFIC PLAN AMENDMENT 84-01BBB SOUTH POWAY SPECIFIC PLAN Staff report by City Manager Bowersox. This is a request to initiate a Specific Plan Amendment to modify the South Poway Specific Plan to cul-de-sac Creek Road at the southern City limits. The following people were present wishing to speak in support of the proposed amendment: Mary Adams, 11125 Beeler Canyon Road Carol Funk, 11319 Creek Road Kelly Hutchinson, 11225 Beeler Canyon Road Linda Smith, 11055 Beeler Canyon Road Tim Smith 11055 Beeler Canyon Road Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to adopt Resolution No. 01-074, entitled, '% Resolution of the City Council of the City of Poway, California, Initiating a Specific Plan Amendment (SPA 84-01 BBB) to the South Poway Specific Plan to cul-de-sac Creek Road at the Southern City Limits." Motion carried 4-0 with Councilmember Higginson absent. 7316 Page 11 - CITY OF POWAY - July 31, 2001 CITY ATTORNEY ITEMS 23. City Attorney Eckis requested the following Closed Sessions be held: Conference with Legal Counsel - Threatened Litigation Discussion on whether or not to initiate litigation Government Code §54956.9(c) Number of potential cases: 1 Conference with Real Property Negotiator Government Code § 54956.8 Property: 12237 Old Pomerado Road APNs: 317-232-22, 36 and 39 Negotiating parties: James L. Bowersox, Executive Director on behalf of the Poway Redevelopment Agency, Buyer Humam Shihadeh, Seller Under Negotiations: Price and Terms C. Conference with Real Property Negotiator Government Code § 54956.8 Property: Lot 22 of Parkway Business Centre, Phase 2 (Northeast corner of Scripps Poway Pkwy and Stowe) Negotiating parties: James L. Bowersox, Executive Director on behalf of the Poway Redevelopment Agency, Buyer Mike Binkle for Parkway Development LLC., Seller Under Negotiations: Price and Terms MAYOR AND CITY COUNCIL-INITIATED ITEMS 24A. Councilmember Emery requested Council support for the implementation of a "Voluntary Contribution Check-Off Program" via the adoption of a Resolution. This program, created by the Action for Better Cities (established by the Board of Directors of the League of California Cities), provides a mechanism for payroll deductions for elected officials and municipal employees to be used for education campaigns, candidate forums, training seminars and possibly political campaigns to protect remaining City revenue, strengthen local control and stop unfounded mandates. (1503-22) Motion by Councilmember Emery, seconded by Deputy Mayor Goldby, to adopt Resolution No. 01-075, entitled, "A Resolution of the City Council of the City of Poway, California, Establishing a Voluntary Contribution Check-Off Program." Motion carried 4-0 with Councilmember Higginson absent. 7317 Page 12 - CITY OF POWAY - July 31,2001 27A. Councilmember Rexford noted that the County Board of Supervisors had decided to eliminate permit fees for a photovoltaic system and to streamline the permitting process to make it easier for people to transition to solar power. The City of Poway has issued approximately 10 building permits for solar heating or photovoltaic systems in the last year. The review is generally completed over the counter or within a few days for complex systems. The building permit fee is calculated by Esgil based on the 1995-96 evaluation multipliers established by the local ICBO chapter for solar collectors. The range of building permit fees is $120- 250 for the system. The City of Poway contracts for building inspection services with Esgil Corporation. The contract for services is based on a 75/25 percent share of building permit revenues. General discussion ensued with consensus that the other citizens should not subsidize the 75% of the fee paid for the Esgil services, but the 25% of the fee that the City would receive could be waived. 28A. Mayor Cafagna provided an update on the Regional Government Efficiency Commission. (1503-46) Council consensus was for the City to take an official position in opposition to the formation of REGC and join any other cities in lobbying in opposition. Motion by Councilmember Emery, seconded by Mayor Cafagna, to adopt Resolution No. 01-076, entitled, "A Resolution of the City Council of the City of Poway, California Opposing the Regional Government Efficiency Commission Recommendation to Create a New Regional Government in San Diego County." Motion carried 4-0 with Councilmember Higginson absent. CLOSED SESSION Mayor Cafagna called for Closed Sessions as requested by City Attorney at 9:05 p.m. 7318 Page 13 - CITY OF POWAY- July 31, 2001 CALL TO ORDER AND ADJOURNMENT Mayor Goldby called the meeting back to order at 10:04 p.m., with all members present except Councilmember Higginson. Upon motion by Councilmember Emery and second by Deputy Mayor Goldby, Mayor Cafagna adjourned the meeting at 10:05p.m. Lori)Anne 1So'pies City-C~'rl~ - City of Poway 7319