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CC 2002 01-08CITY OF POWAY, CALIFORNIA MINUTES OF THE CiTY COUNCIL REGULAR MEETING JANUARY 8, 2002 The January 8, 2002, 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. COUNCILMEMBERSPRESENT AT ROLLCALL Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Penny Riley Loft Anne Peoples Steve Eckis Warren Shafer Niall Fritz Jim Howell Deborah Johnson Mark Sanchez John Tenwolde Javid Siminou Patti Brindle Dennis Quillen Dan Cannon Tracy Bohlen Jennifer Johnson City Manager Deputy City Manager City Clerk City Attorney Director of Administrative Services Director of Development Services Director of Public Works Director of Redevelopment Services Director of Safety Services Sheriff's Captain City Engineer City Planner Assistant Director of Public Works Public Works Operations Manager Management Analyst Senior Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PRESENTATIONS Mayor Cafagna presented Garry MacPherson, Fire Division Chief, with a 25-year Service Award; Antone "Bud" Oliveira, Construction Manager, with a 15-year Service Award and Pamela Wilczak, Housing Programs Manager, with a 15-year Service Award. 7428 Page 2 - CITY OF POWAY - January 8, 2002 Mayor Cafagna presented Certificates of Appreciation to Past Committee Members: Deanne Erickson, Parks & Recreation Committee; Jeff Schipper, Redevelopment & Housing Advisory Committee; Paul Markowitz, Senior Issues Committee and Sean Francis, Teen Issues Committee. Mayor Cafagna then presented Councilmember Rexford with a plaque from the League of California Cities for her completion of the "Elected Officials Leadership Academy." Wal-Mart Assistant Store Manager, Steve Conrad and Community involvement Coordinator Michelle Collins, presented the City Council with a $4,081 check for the Skateboard Park Fundraiser. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. There was no one present wishing to speak. CONSENT CALENDAR Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to approve the Consent Calendar as follows: Ratification of Warrant Register for the Period November 12-16, 2001, November 19-23, 2001, November 26-30, 2001 and December 3-7, 2001. (401-10) Approval of Minutes - City Council November 27, 2001 - Regular Meeting Adoption of Resolution No. F-02-01 - Waiving Annual Meeting of Public Financing Authority. (405-00R) 10. Approval of Report of Administrative Action Taken on City Council-Initiated and Public Inquiry Items for the Period of September 1, 2001 through November 30, 2001. (701-10) 11. Award of Bid for the Poway Community Aquatic Center Renovation to **** in the amount of ****. (Reject all bids). (601-03) 12. Approval of Final Map for Tentative Parcel Map 01-02, Donald L. Mechling, Owner. Property located south of Millards Ranch Lane and west of Dos Amigos Road. APN: 321-271-34. (203-02) 7429 Page 3 - CITY OF POWAY - January 8, 2002 13. Approval of a one-year time extension of the Standard Agreement for Construction of Public Improvements for Tentative Parcel Map 98-14, located at Poway Road at Highway 67, Joseph and Lisa Lucidi, Applicants. APN: 321-111-02 & 03. (602-01 #1361 ) 14. Adoption of Resolution No. 02-001 - Commending Eagle Scout Nicholas G. Bane. (701-17) 15. Approval of Release of Grading Bond No. 11141690484 in the amount of $195,120, Performance and Payment Bond No. 11133477320 in the amount of $234,500 and $117,250, respectively, Monument Performance Bond No. 11133477312 in the amount of $3,500, and a Cash Security of $40,000 for Tentative Tract Map 98-01, Patricia Bevil, Barratt American, Inc., Applicant. APNs 278-240-30 and 321-090-20 through 31. (602-01 #1336) 16. Adoption of Resolution No. 02-002 - Authorizing Hazard Elimination Safety Grant Project STPLHG-5428 (005), and Appropriating Funds in the amount of $111,000 from the General Fund. (401-30) 17. Acceptance of the Norwalk Lane Sound Wall Project from 3-D Enterprises, Inc. (602-01 #1484) 18. Rejection of Claims Against the City: Connie Howard, Alex Sheldon, Alice Greliak, James Kennedy, Superior Ready Mix Concrete, L.P., Nancy Jahnke, Danielle Lakous, Gloria Swanson. (704-13) 19. Acceptance of the Community Park Playground Renovation Project from C.D.M. Construction, Inc. (602-01 #1497) 20. Adoption of Resolution No. 02-003, Confirming the Necessity of expending Housing Fund monies to pay costs associated with planning for and administering affordable housing projects and programs during Fiscal Year 2000-01. (401-22R) 21. Annual Redevelopment Agency Report, including an Independent Financial Audit Report and Opinion Regarding the Agency's Compliance with Laws, Regulations and Administrative Requirements Governing Activities of the Agency; the Report of Financial Transactions of Community Redevelopment Agencies (State Controller's Report); and the State Depar[ment of Housing and Community Development Schedules A, B, C, D, and E for Fiscal Year 2000-2001. (406-02) Motion carried unanimously. 7430 Page 4 - CITY OF POWAY - January 8, 2002 ITEM 1 (701-04) ORDINANCE NO. 551/SECOND READING CITY-OWNED SKATE PARKS Mayor Cafagna opened the public hearing and read the title of Ordinance No. 551, "An Ordinance of the City of Poway, California, amending Chapter 9.48 and Section 10.56.010 of the Poway Municipal Code Regarding City-Owned Skate Parks." Staff report by City Manager Bowersox. To establish protection from potential liability claims, State law mandates that the City approve an ordinance requiring the use of helmets, elbow pads and knee pads for those using the skate park. The City must also post signage in the skate park that states this requirement and notifies those who do not wear the required protective gear are subject to citation. First Reading on this item was held on December 11, 2001. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to waive further reading (unanimous vote), close the public hearing and adopt Ordinance No. 551. Motion carried unanimously on a roll call vote. ITEM 2 (602-01 #320R) DISPOSITION AND DEVELOPMENT AGREEMENT WATERFORD DEVELOPMENT CORPORATION Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a joint public hearing to consider Environmental Assessment and Disposition and Development Agreement by and between the Poway Redevelopment Agency and Waterford Development Corporation for the development of a 3-story hotel on the northeast corner of the intersection of Scripps Poway Parkway and Stowe Drive. APN: 323-481-08. This item was originally heard November 13, 2001, Item #7; continued to December 11, 2001, Item #2; and staff is recommending this item be continued again to January 29, 2002, as negotiations regarding the Development Agreement are not yet complete. There was no one present wishing to speak. Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to continue the public hearing to January 29, 2002. Motion carried unanimously. 7431 Page 6 - CITY OF POWAY - January 8, 2002 ITEM 3 (701-04) ORDINANCE NO. 552/FIRST READING STORM WATER MANAGEMENT AND DISCHARGE CONTROL Mayor Cafagna opened the public hearing and read the title of Ordinance No. 552, "An Ordinance of the City of Poway, California Amending In Its Entirety Chapter 13.09 of the Poway Municipal Code for Storm Water Management and Discharge Control." City Attorney Eckis recommended that Item Nos. 3 and 4 be trailed until after Closed Session Item No. 23. The following person was present wishing to speak: Jerry Pinney, 13627 Olive Tree, requested enfomement be based on best practices not perfection. Council concurred to trail the item until after Closed Session Item No. 23. ITEM 4 (701-04) ORDINANCE NO. 553/FIRST READING AMENDING TITLE 16 OF THE POWAY MUNICIPAL CODE EROSION AND DRAINAGE Mayor Cafagna opened the public hearing and read the title of Ordinance No. 553, "An Ordinance of the City of Poway, California Amending Title 16, Division III, of the Poway Municipal Code by Amending and Addition of Certain Sections Pertaining to Erosion and Drainage." The following person was present wishing to speak: Jerry Pinney, 13627 Olive Tree, requested consideration of language changes to be consistent with the State language to limit or reduce. Council concurred to trail the item until after Closed Session Item No. 23. ITEM 5 (1180-05) COMMUNITY CONTRIBUTION REQUEST VALLEY ELEMENTARY SCHOOL Staff report by City Manager Bowersox. On November 11,2001, Valley Elementary School was featured in an article in the North County Times. The article discussed the efforts of 7432 Page 7 - CITY OF POWAY - January 8, 2002 the school to reach out to parents and the community to assist in increasing the literacy skills of their students. Councilmember Rexford suggested staff contact the school and inform them of the City's Community Contribution Program. Valley Elementary has requested $1,500 in financial assistance to purchase books to increase literacy resources for the children. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to approve staff recommendation. Motion carried unanimously. ITEM 5.1 (602-01 #1199) EXPENDITURE PLAN DEVELOPMENT WET 'N WILD SETTLEMENT AGREEMENT FUNDS Staff report by City Manager Bowersox. In February 1999, a Settlement Agreement was approved with Wet 'n Wild that provided a $1.0 million payment plus interest would be made to the City if a water park was not built on a nearby parcel by October 1,2001. In accordance with the provisions of the Settlement Agreement, the City received approximately $1,087,000 in October 2001. Since this source of funds is an unanticipated and unprecedented revenue, staff has not incorporated them into any operational or capital improvement budget. The development of an expenditure plan for these funds should recognize that it is truly a one-time or perhaps a once-in-a-lifetime revenue source. Therefore, the most appropriate use or uses should be for capital project expenditures. The plan, which is most recommended for consideration by staff, is that each member of the City Council direct how one-fifth or $220,000 be expended, preferably for projects that would otherwise not be funded, or at this time are not fully funded. The following people were present and expressed their views that the funds should be used for children's benefit, primarily children's art programs: Valerie Raymond, 12829 Soule Patricia Kent, 12666 Stone Canyon Motion by Councilmember Rexford, seconded by Mayor Cafagna, to approve staff recommendation. Motion carried unanimously. ITEM 5.2 (602-01 #1514) APPROVAL OF WORK PLAN APPROPRIATION OF FUNDS PROPOSITION J PUBLIC EDUCTATION CAMPAIGN 7433 Page 8 - CITY OF POWAY - January 8, 2002 Staff report by City Manager Bowersox. Staff is recommending that the City retain the strategic communication firm of TMG Communications to implement a neutral, nonbiased public information campaign for Proposition J. The report recommends the approval of the consultant's scope fo work and an appropriation of $28,000 to pay for services which include consulting, production and distribution of printed communications, advertising fees, and postage. Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to approve staff recommendation. Motion carried unanimously. ITEM 5.3 (203-24) REQUEST FOR REHEARING MINOR CONDITIONAL USE PERMIT 99-03 DEVELOPMENT REVIEW 99-06 APPLICANT: POWAY HONDA Staff report by City Manager Bowersox. On December 11, 2001, Council at a public hearing, modified the Conditions of Approval for Poway Honda's existing MCUP, adopted under Resolution No. P-01-64. On December 21,2001, the applicant submitted, pursuant to Chapter 2.21 of the Poway Municipal Code, a request for re-hearing of the City Council action. The applicant's request, along with new supporting evidence they wish to be considered is traffic circulation impacts resulting from the driveway closure and a closer review of the noise impacts from the carwash. The City Attorney believes a re-hearing would be appropriate to provide additional analysis of these two items. Deputy Mayor Emery stated for the record, that although he was not present at the meeting when action was taken on this item, he has reviewed the report and minutes. The following people were present wishing to speak: Mike Matsumoto, 13114 Gate Drive, spoke in opposition to the request. Amy LaBruyere, 13047 Gate Drive, spoke in opposition to the request. Ray Yankowsky, 13032 Gate Drive, expressed neutral views. Chris Cruse, 13734 Utopia Road, spoke in opposition to the request. Motion by Councilmember Goldby, seconded by Mayor Cafagna, to set the item for public hearing on February 5, 2002. Motion carried unanimously. CITY MANAGER ITEMS 22. City Manager Bowersox announced that Senior Management Analyst Jennifer Johnson had accepted a position in the Community Services Division and introduced Scott Edwards who had accepted Jennifer's prior position in the City Managers Office. 7434 Page 9 - CITY OF POWAY - January 8, 2002 CITY ATTORNEY ITEMS 23. City Attorney Eckis requested the following Closed Session be held: Conference with Legal Counsel Pending Litigation under Government Code Section 54956.9(a) Building Industry Association v. State Water Resources Control Board San Diego Superior Court No. 780263 MAYOR AND CITY COUNCIL - INITIATED ITEMS 24A. Deputy Mayor Emery requested and received Council concurrence to direct staffto place an update on the riding and hiking trails on a future workshop agenda. 24B. Deputy Mayor Emery requested and received Council concurrence to direct staffto research and bring a report back on how other cities in the County and SANDAG track open-space for preservation. 28. Mayor Cafagna requested staff bring an update report back on a future agenda at the Skateboard Park fundraising efforts, CLOSED SESSION Mayor Cafagna called for Closed Session as requested by City Attorney Eckis at 8:05 p.m. CALL TO ORDER Mayor Cafagna called the meeting back to order at 8:34 p.m. with all members present. City Attorney Eckis announced that Council had referred the subject lawsuit to the City Attorney to make a limited appearance. There was no other reportable action. Mayor Cafagna requested Item Nos. 3 and 4 which had been trailed be heard at this time. ITEM 3 (701-04) ORDINANCE NO. 552/FIRST READING STORM WATER MANAGEMENT AND DISCHARGE CONTROL Mayor Cafagna continued with the discussion. 7435 Page 10 - CITY OF POWAY - January 8, 2002 Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to waive further reading (unanimous vote), and continue the public hearing to January 22, 2002 for second reading with modifications and adoption. Section 13.09.160.G, to be modified so that proponents of any land development project agree to a condition of approval to provide the City access for inspection and maintenance of BMPs. Motion carried unanimously. Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to direct staff to bring back a financing plan for this onerous unfounded mandate. Motion carried 4-1 with Councilmember Rexford voting "no." ITEM 4 (701-04) ORDINANCE NO. 553/FIRST READING AMENDING TITLE 16 OF THE POWAY MUNICIPAL CODE EROSION AND DRAINAGE Mayor Cafagna continued with the discussion. Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to waive further reading (unanimous vote), and continue the public hearing to January 22, 2002 for second reading with modifications as directed and adoption. The modifications that are to be made include that the plan provide for the prevention of discharge of sediment; the rainy season period be changed to October 1st through April 30t~; the erosion control system shall comply with the requirement of the latest NPDES permit and storm drain ordinance; the plan shall provide for the preservation of natural hydrologic features and preserve riparian buffers and corridors; and that at any time of the year an inactive site shall be fully protected from erosion and discharges of sediment, fiat areas with less than 5% grade shall be fully covered unless sediment control is provided through desiltation basins. Motion carried unanimously. ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:50 p.m. upon motion by Councilmember Higginson, seconded by Councilmember Goldby. LoCi Anne Peoples, City Clerk City of Poway 7436