CC 2001 08-28CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
AUGUST 28, 2001
The August 28, 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
Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
COUNCILMEMBERS ABSENT AT ROLL CALL
Bob Emery
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Lori Anne Peoples
Steve Eckis
Warren Shafer
Robert Clark
Jim Howell
Dennis Quillen
Mark Sanchez
Deborah Johnson
John Tenwolde
Javid Siminou
Patti Brindle
Ingrid Alverde
Jennifer Johnson
City Manager
Deputy City Manager
City Clerk
City Attorney
Director of Administrative Services
Director of Community Services
Director of Public Works
Deputy Director of Public Works
Director of Safety Services
Director of Redevelopment Services
Sheriff's Captain
City Engineer
City Planner
Economic Development Manager
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Goldby led the Pledge.
7332
Page 2 - CITY OF POWAY - August 28, 2001
PRESENTATIONS
Mayor Cafagna presented the California Joint Powers Insurance Authority Risk
Management Award for the City of Poway to Administrative Services Director Shafer.
Mayor Cafagna announced that Kris Gridley was unable to be present, but would be
receiving her 15-year Service Award. Ms. Gridley will be retiring on October 16, 2001.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
people were present wishing to speak:
Kathleen Hill, 12900 Camino del Valle, requested Council remove the no-parking
restrictions from one side of the streets around Poway High School.
Peggy Lester, 13522 Robley Ranch Road, expressed concerns with children solicitors.
Tom Tremble, 18049 Old Coach Road, representing the Old Coach Waterline Association,
spoke regarding the completion of the project and requested assistance on the Thompson
property/issue.
CONSENT CALENDAR
Mayor Cafagna stated that staff had requested Item 6 be removed from the Consent
Calendar. Motion by Deputy Mayor Goldby, seconded by Councilmember Rexford, to
approve the Consent Calendar as follows:
Ratification of Warrant Registers for the Periods of July 30 to August 3, 2001 and
August 6-10, 2001. (401-10)
Approval of Minutes - City Council
July 31, 2001 - Regular Meeting
August 2, 2001 - Canceled Adjourned Regular Meeting
August 7, 2001 - Canceled Regular Meeting
Adoption of Resolution No. 01-083 - Approving the Submittal of a Grant Application
to the California Integrated Waste Management Board for Funding Under the FY
2001/2002 Park Playground Accessibility and Recycling Grant Program to Refurbish
the Poway Community Park Adventure Playground. (401-30)
7333
Page 3 - CITY OF POWAY - August 28, 2001
Approval of Agreement with APAC Technologies for Red Light Photo Enforcement
Program. (Removed from the Agenda, to be rascheduled for September 25, 2001 .)
(602-01 #1500)
Approval of Land Acquisition and Development of Larchmont Mini-Park.
(1002-01/1401-06)
Award of Contract for Security Monitoring and Fire Detection System Installation
and Service to Progressive Technology Security Systems, Inc. and appropriation of
$31,000 from the Building Capital Replacement Fund (617) to Account 0105-6402.
(602-01 #1499)
Approval of Appropriation of $2,750 from the General Fund Balance to Account
0400-4904 for the Energy Conservation Awareness Promotion. (401-13)
10.
Adoption of Resolution No. 01-084 - Authorizing the Submittal of an Application to
the California Energy Commission for the "Bring Me A Watt" Innovative Peak Load
Reduction Program. (401-30)
11.
Approval of a Consultant Agreement with Dudek & Associates, Inc. for Inspection
Services for Fiscal Year 2001-2002 and Appropriation of $140,000 from the
Unappropriated General Fund Balance. (602-01 #1501)
11.1 Approval of Position on Pending Legislation: Support HR 2764 - Colorado River
Settlement Facilitation Act. (701-11 )
Motion carried 4-0 with Councilmember Emery absent.
ITEM 1 (702-12)
PROPOSED INCREASE
TRANSIENT OCCUPANCY TAX
NOVEMBER 2002 BALLOT MEASURE
Staff report by City Manager Bowersox. California state law permits General Law cities to
impose a tax "for the privilege of occupancy in any hotel." Prior to Poway's incorporation
in December 1980, the TOT imposed by the County of San Diego was 6 percent. Upon
incorporation, the City adopted this rate and maintained it until February 1994. In
February 1994, the City Council approved Ordinance 431, which added an additional 2
percent to the tax, for a total of 8 percent. At the time of approval of the additional tax,
7334
Page 4 - CITY OF POWAY - August 28, 2001
voter approval was not required. However in July 2001, the California State Supreme
Court ruled that provisions of Proposition 62, which was approved by the voters in 1986
did apply to the TOT. According to the City Attorney, not only must any increase in TOT
above the current 8 percent rate be approved by Poway voters per Proposition 218, but
also the additional 2 percent approved by the City in 1994 must now receive voter
approval. A survey of the TOT rates currently imposed in San Diego County, show Poway
is among the lowest at 8 percent, with 10 percent being the most common rate and levied
by 12 cities. In order to increase the TOT, a proposition would be submitted to the Poway
electorate on the November 2002 ballot.
There was no one present wishing to speak.
Motion by Mayor Cafagna, seconded by Deputy Mayor Goldby, to place the proposed
increase on the November 2002 Ballot. Motion carried 4-0 with Councilmember Emery
absent.
ITEM 1.1 (702-12)
PROPOSED INITIATIVE PETITION - LUCIDI
REZONE 20 ACRES
NW CORNER HIGHWAY 67/POWAY ROAD
Introduction by City Manager Bowersox. Staff report by City Attorney Eckis. Pursuant to
Elections Code §9203(a) the City Attorney has prepared a Ballot Title and Summary for the
proposed initiative measure which would rezone the 20 acres at the northwest corner of
Highway 67 and Poway Road to Automotive/General Commercial (A/GC).
The following person was present wishing to speak:
Dee Fleischman, 15070 Pomerado Road, inquired as to the ballot initiative process.
This report was a receive and file item. No objection as filed with Councilmember Emery
absent.
ITEM 1.2 (203-01)
MAINTENANCE EASEMENT
KENT HERITAGE SYCAMORE TREE
14400 MIDLAND ROAD
TTM 99-01R
APPLICANT: DIROMA ESTATES, BOB LAMAGNO
7335
Page 5 - CITY OF POWAY - August 28, 2001
Staff report by City Manager Bowersox. Discussion of the proposed open space
maintenance access easement for the Sycamore Tree located within the Diroma Estates
subdivision on Midland Road was continued from the August 14, 2001 Council meeting at
the request of the applicant. The Sycamore Tree is located equally on three separate
properties: two lots within the Diroma Estates subdivision, and one lot owned by Fred Zuill
that is not a part of the subdivision.
Diroma Estates will be dedicating two-thirds of the tree to the City in fee. Access for
maintenance of the tree will be provided via Outlook Road. The trunk of the tree will be
identified as a separate open space lot to be dedicated in fee to the City. A 20-foot-wide
gate will be provided at the end of Outlook Road along the rear property line of Lot 4 of the
subdivision to the tree. The open space easement will be continued around the tree at a
location to the satisfaction of the City Arborist to ensure protection of the health of the tree.
The open space easement and dedication of a separate open space lot will be shown on
the Final Map, which is due to be completed in the near future.
The City Arborist will determine the final location of the open space easement to ensure the
protection of the health of the tree. A drainage brow ditch will delineate the location of the
easement on the ground and the area within it will be left untouched. The new property
owners will not be allowed to plant, dig or put any structures within this area. However, the
owners will be able to use this area for open space uses such as sitting or picnicking.
Staff has had several discussions with Fred Zuill regarding the inclusion of the one-third
portion of the tree that is located on his property in an open space easement and has
offered to reimburse the cost of providing such easement. However, Mr. Zuill has indicated
he would prefer to provide an easement. There is no significant lowering of the protection
of the tree without an easement from Mr. Zuill.
The following people were present wishing to speak:
Fred Zuill, 13636 Outlook Road, spoke in support of staff recommendation.
Dee Fleischman, 15070 Pomerado Road, expressed concerns regarding the area between
the trunk of the tree and the drip line needing to be kept clear, the type of fencing to be
used and the need to specify in the easement rules things such as no barbeques.
Robert Lamagno, Diroma Estates, applicant, responded to questions and comments
regarding the maintenance of the tree.
7336
Page 6 - CITY OF POWAY - August 28, 2001
Motion by Councilmember Higginson, seconded by Mayor Cafagna, to approve staff
recommendation with added conditions proposed by the City Attorney, that separate
recorded documents be provided for each lot, including a covenant, to allow for
construction of anything at a later date, should Council determine it necessary for the
protection of the tree. Motion carried 4-0 with Councilmember Emery absent.
ITEM 1.3 (602-01 #315R)
FIRST AMENDMENT
PARTICIPATION AGREEMENT
13132-13192 POWAY ROAD
POWAY LIBRARY PLAZA LLC
Staff report by City Manager Bowersox. In May 2000, the Council approved a Participation
Agreement with Library Plaza LLC to provide a loan in the range of $450,000 to $650,000
to revitalize the Library Plaza Center. The Council is being asked to approve a First
Amendment to the Participation Agreement that would increase the loan amount by
$250,000 to mitigate the impact associated with prevailing wage requirements.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Mayor Cafagna, to approve the First
Amendment to the Participation Agreement and authorize the execution of the
Amendment. Motion carried 3-1 with Councilmember Rexford voting "no" and
Councilmember Emery absent.
CITY MANAGERITEMS
12.
City Manager Bowersox announced the members of the Teen Issues Committee
and Teen Recreation Club who would be attending the League of California Cities
meeting in Sacramento on September 14, 2001 were: Alexandra Norman, Chris
Mason, Gwen Gordon and Joseph Rhodes.
7337
Page 7 - CITY OF POWAY - August 28, 2001
CITY ATTORNEY ITEMS
13. City Attorney Eckis requested the following Closed Sessions be held:
Conference with Real Property Negotiator
Government Code §54956.8
Property: Northeast corner of Scripps Poway Pkwy. and Stowe Drive
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
Conference with Legal Counsel - Threatened Litigation
Discussion on whether or not to initiate litigation
Government Code 54956.9(c)
Number of potential cases: 1
MAYOR AND CITY COUNCIL-INITIATED ITEMS
15.
Deputy Mayor Goldby requested consideration of the ballot measure for the
Transient Occupancy Tax to be written in two increments, the 2% increase from 6%
to 8% that was previously in effect and the additional 2% from 8% to 10%.
18. Mayor Cafagna requested an update on the Gateway Affordable Housing Project.
CLOSED SESSIONS
Mayor Cafagna called for Closed Sessions as requested by the City Attorney at 8:40 p.m.
CALL TO ORDER
Mayor Cafagna called the meeting back to order at 8:47 p.m., with all members present
except Councilmember Emery and announced that the Council had voted 4-0 to
appropriate funds from the 2001 Tax Allocation Bonds proceeds and approve the
acquisition of property from McMillin at $10.10 per square foot, and authorized the City
Manager to sign the necessary documents.
CLOSED SESSIONS
Mayor Cafagna called for Closed Session as requested by the City Attomey for Item 13B at
8:50 p.m.
7338
Page 8 - CITY OF POWAY - August 28, 2001
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 9:07 p.m., with all members present
except Councilmember Emery. Upon motion by Councilmember Higginson, and second by
Councilmember Rexford, Mayor Cafagna adjourned the meeting at 9:08 p.m.
Lori J~nne Peoples City Clerl~ r
City of Poway
7339