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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