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CC 2001 11-13CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING NOVEMBER 13, 2001 The November 13, 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 Robert Clark Niall Fritz Jim Howell Deborah Johnson Mark Sanchez John Tenwolde Javid Siminou Patti Brindle Jim Bentz Michael Putnam Ingrid Alverde 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 Director of Redevelopment Services Director of Safety Services Sheriff's Captain City Engineer City Planner Community Services Manager Performing Arts Center Manager Economic Development Manager Senior Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Goldby led the Pledge of Allegiance. PRESENTATION Council heard a brief update presentation regarding the 1-15 Managed Lanes and Bus Rapid Transit Project by CalTrans Project Manager Larry Carr and MTDB Project Manager Sandy Johnson. 7397 Page 2 - CITY OF POWAY - November 13, 2001 PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following person was present wishing to speak: Bill Cross, 13105 Corona Way, representing the Weingart Senior Center, presented a check in the amount of $475 gathered at the Center for the Always Remember 9-11 Fund. CONSENT CALENDAR Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to approve the Consent Calendar as follows: 12. Ratification of Warrant Register for the periods of October 15-19 and October 22-26, 2001. (401-10) 13. Approval of Minutes - City Council October 16, 2001 - Regular Meeting 15. Approval of City's Investment Report as of September 30, 2001. (408-01 ) 16. Approval of Second Time Extension of the Agreement with Kearny Scripps, LLC for Contracting Services. (602-01 #1327) 17. Acceptance of Improvements and Release of Securities for Old Coach Collection, Tentative Tract Map 89-13, Phase 1, Units 1 and 2; Bond No. 3SM 887 787 00, which includes Performance Bond in the amount of $2,589,300 a Payment Bond in the amount of $1,294,650 and Bond No. 111 3330 591, which includes a Performance Bond in the amount of $1,684,400 and Payment Bond in the amount of $842,200. (602-01 #1209/602-01 #1154) 18. Adoption of Resolution No. 01-099 - Approving a Ten-Year Extension of the Abandoned Vehicle Abatement Authority Pursuant to Sections 9250.7 and 22710 of the State Vehicle Code. (1301-09) Motion carried unanimously. 7398 Page 3 - CITY OF POWAY- November 13, 2001 ITEM 1 (701-04) ORDINANCE NO. 548/FIRST READING CLAIMS AGAINST THE CITY Mayor Cafagna opened the public hearing and read the title of Ordinance No. 548, "An Ordinance of the City of Poway, California, Adding Chapter 1.18 to Title 1 and Amending Sections 3.08.060 and 3.16.120 of Title 3 of the Poway Municipal Code Relating to Claims Against the City." Introduction by City Manager Bowersox. Staff report by City Attorney Eckis. The proposed ordinance would subject all claims against the City to the same claims procedure and a one-year statute of limitations as set forth in the Tort Claims Act. There was no one present wishing to speak: Motion by Councilmember Higginson, seconded by Councilmember Rexford, waive further reading. Motion carried unanimously. Motion by Councilmember Higginson, seconded by Councilmember Emery to continue the public hearing to November 27, 2001 for second reading and adoption. Motion carried 4-1 with Deputy Mayor Goldby voting "no." ITEM 2 (701-04) ORDINANCE NO. 549/FIRST READING SLOPE CALCULATIONS Mayor Cafagna opened the public hearing and read the title of Ordinance No. 549, "An Ordinance of the City of Poway, California, Amending Section 17.08.170.A.3 of the Poway Municipal Code Pertaining to Slope Calculation (ZOA 01-05)." Staff report by City Manager Bowersox. The proposed ordinance would amend the Poway Municipal Code to incorporate by reference standards and procedures regarding slope calculation. The following people were present speaking in opposition to the proposed ordinance: Ellen Bernee, P.O. Box 823, Poway Mary Sanborn, 12119 Wilsey Way Bruce Robertson, 2650 Jamacha Road, El Cajon Motion by Councilmember Emery, seconded by Councilmember Higginson, waive further reading. Motion carried unanimously. Motion by Councilmember Emery, seconded by Councilmember Rexford to continue the public hearing to November 27, 2001 for second reading and adoption. Motion carried 3-2 with Deputy Mayor Goldby and Mayor Cafagna voting "no." 7399 Page 4 - CITY OF POWAY - November 13, 2001 ITEM 3 (203-21) SPECIFIC PLAN AMENDMENT 84-01 CCC APPLICANT: CITY OF POWAY Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to allow 3 stories within the existing 35-foot height limit for hotels or motels in the South Poway Specific Plan Area. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the public hearing and adopt Resolution No. 01-100, entitled, "A Resolution of the City Council of the City of Poway, California, Approving a Specific Plan Amendment 84-01CCC to the South Poway Specific Plan to Allow 3 Stories Within the Existing 35-Foot Height Limit for Hotels or Motels in the South Poway Specific Plan Area." Motion carried unanimously. ITEM 4 (203-24) MINOR CONDITIONAL USE PERMIT 01-002 APPLICANTS: KRISTYN AND JEROMY BURNITZ Mayor Cafagna opened the public hearing. This is a request to install tennis court lights at an approved tennis court located at 18520 Old Coach Way. APN: 277-202-20. There was no one present wishing to speak. Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to close the public hearing and adopt Planning Resolution No. P-01-101, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Minor Conditional Use Permit 01- 002 Assessor's Parcel Number 277-202-20." Motion carried unanimously. ITEM 5 (705-16/402-05) AMENDMENT WATER LINE CONNECTION DEVELOPMENT FEES Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. On June 5, 2001, Council established the Old Coach Road Water Line Project Development Fee over the boundaries of Assessment District No. 2000-1. At the time the fee was established, one property within the water line service area was not included. The purpose of this report is to amend the Development Fee to include this property in the event it ever connects into the water line so that the property owner will pay their fair share for the construction of the waterline. 740O Page 5 - CITY OF POWAY - November 13, 2001 There was no one present wishing to speak. Motion by Deputy Mayor Goldby, seconded by Councilmember Rexford, to close the public hearing and adopt Resolution No. 01-101, entitled, "A Resolution of the City Council of the City of Poway, California, Amending the Old Coach Water Line Project Development Fee." Motion carried unanimously. ITEM 6 (203-08/203-10) CONDITIONAL USE PERMIT 01-12 MINOR DEVELOPMENT REVIEW 01-80 APPLICANT/OWNER: POWAY-NIERMAN LP Mayor Cafagna opened the public hearing. This is a request to establish a drive-through Starbucks restaurant within an existing commercial building located within Pomerado Plaza located at 12202 Poway Road in the Community Business Zone and Poway Road Specific Plan. The proposal would add 108 square feet to the building, 150 square feet of outdoor seating area and a drive-through lane. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember Emery, to close the public hearing and adopt Planning Resolution No. P-01-59, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 01-12, and Minor Development Review Application 01-80, Assessor's Parcel Number 317-153-25." Motion carried unanimously. ITEM 8 (504-05) REORGANIZATION COMMUNITY SERVICES DEPARTMENT COMMUNITY SERVICES MANAGER CULTURAL SERVICES MANAGER Staff report by City Manager Bowersox. Staff is requesting Council approve a reorganization plan for the Community Services Department. The reorganization will require a change in the job descriptions for the Community Services Manager and the Performing Arts Manager. In addition, the title of Performing Arts Manager would be changed to Cultural Services Manager. Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to approve the staff recommendation. Motion carried 4-1 with Councilmember Rexford voting "no." 7401 Page 6 - CITY OF POWAY - November 13, 2001 ITEM 9 (1503-02) UPDATE SANDAG REGION2020 GROWTH FORECAST Mayor Cafagna noted that a request had been received to continue this item to the November 27, 2001 meeting. Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to continue this item to the November 27, 2001 meeting. ITEM 10 (202-01) UPDATE CITY COUNCIL GOALS AND OBJECTIVES Staff report by City Manager Bowersox. On March 6, 2001, Council adopted goals for the FY 2001-02 financial plan. This report contains a comprehensive listing of Goals and Objectives as we begin the first half of FY 2001-02. New goals will be added in the Spring of 2002. This is a receive and file report. No objection as filed. ITEM 11 (702-02) SPECIAL ELECTION MARCH 5, 2002 BALLOT MEASURE FIRE STATIONS ON SLOPES IN EXCESS OF TEN PERCENT Staff report by City Manager Bowersox. In order to build the proposed Fire Station 3 at the southwest corner of Ted Williams Parkway and Pomerado Road, the General Plan would require an amendment to allow for fire stations to be built on property having a natural slope in excess often percent. The City is under an obligation to place a General Plan Amendment which requires voter approval pursuant to Proposition FF on the ballot. The next available election at which this amendment could be considered would be March 5, 2002. This would be considered a Special Election in the City of Poway. Council consideration of the General Plan Amendment and a Special Election will be heard on November 27, 2001. 7402 Page 7 - CITY OF POWAY - November 13, 2001 The following people were present wishing to speak: Louis Tooch, 14105 Powers Road, inquired as to where the fire station could be built if the measure failed. Ellen Bernee, P.O. Box 823, Poway, stated she wanted to write the argument against the measure. Motion by Councilmember Emery, seconded by Councilmember Higginson, to direct staff to prepare the language for a ballot measure for a special election on March 5, 2002, to amend the General Plan. Motion carried unanimously. CITY ATTORNEY ITEMS 20. City Attorney Eckis requested the following Closed Session be held: A. Conference with Labor Negotiators per Government Code §54957.6 City/Agency Negotiator: James L. Bowersox, City Manager/ Executive Director Organization Negotiators: Non-Safety Employees Teamsters Local 911 Poway Firefighters Association City Attorney Eckis also announced that an agreement had been reached on the A+ Auto site with Andrew Chandler for relocation of the business and good will. The Superior Court trial date on the land value issue has been set for January 2002. CLOSED SESSION Mayor Cafagna called for Closed Session as requested by City Attorney Eckis at 8:25 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 8:33 p.m. with all members present and adjourned the meeting at 8:34 p.m. upon motion by Councilmember Rexford, seconded by Councilmember Emery. L~i/~nne Peoples City Clerk City of Poway 74O3