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CC 2002 03-12CITY OF POWAY, CALIFORNA MINUTES OF THE CITY COUNCIL REGULAR MEETING MARCH 12, 2002 The March 12, 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. COUNCILMEMBERS PRESENT Bob Emery, Jay Goldby, Betty Rexford, Mickey Cafagna COUNCILMEMBERS ABSENT Don Higginson STAFF MEMBERS PRESENT James Bowersox Penny Riley Steve Eckis Lori Anne Peoples Warren Shafer Robert Clark Niall Fritz Jim Howell Mark Sanchez David Narevsky Ingrid Alverde Pamela Wilczak Scott Edwards City Manager Deputy City Manager City Attorney City Clerk Director of Administrative Services Director of Community Services Director of Development Services Director of Public Works Director of Safety Services Redevelopment Manager Economic Development Manager Housing Manager Management Analyst PLEDGE OF ALLEGIANCE Boy Scout Troop 617 presented the Colors and led the Pledge. Mayor Cafagna recognized Boy Scout Troop 109 members who were present in the audience working on their citizenship badges. PRESENTATIONS A) Mayor Cafagna presented a 25-Year Service Award to Public Works Operations Manager, Dan Cannon. 7482 Page 2 - CITY OF POWAY - March 12, 2002 B) Linda Vanderveen, Chair of the Safe Havens Campaign to build a new Boys and Gids Club, extended appreciation to the members of the Council, City Manager and staff for working to find a site and making the location in the Community Park available. She also introduced and thanked financial supporters: Tom and Sue Liguori, who are funding the Athletic Field in honor of Tom's father and mother; Geico Direct represented by Howard Collins, who will be funding one of the scoreboards on the athletic field; Robert Horsman of San Diego National Bank, funding the Entry Lobby of the Club; the Poway Rotary Club, represented by President Jay Goldby for the playground; Ed and Sandy Burr of EDCO, who are making the Learning Center in the Club possible; Testing Engineers, San Diego, represented by their President Steve Bradley; Todd and Mari Gutschow for the Technology Center; Lloyd and Len Wells who are funding the Gymnasium in memory of their son Toby; and Rich and Gaby Sulpizio for whom the Clubhouse will be named in honor of their generosity. Merrilee Boyack, Volunteer Community Campaign Chair, provided a brief overview of the next phase in building the facility. C) Mayor Cafagna presented the "Annual State of the City Address". (Copy on file in the Office of the City Clerk). (701-01) PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. There was no one present wishing to speak. CONSENT CALENDAR Motion by Councilmember Goldby, seconded by Councilmember Rexford, to approve the Consent Calendar as follows: Ratification of Warrant Registers for the periods February 4-8, 2002 and February 11-15, 2002. (401-10) Approval of Minutes - City Council February 12, 2002 - Regular Meeting February 19, 2002 - Regular Meeting 9. Approval of City's Investment Report as of January 31,2002. (408-01) 10. Approval of Law Enforcement Contract for Fiscal Year 2001/2002. (602-01 #59) 11. Rejection of Claim Against the City: Gary Kent. (704-13) 7483 Page 3 - CITY OF POWAY - March 12, 2002 12. Approval of Housing Commission Charter Amendment. (701-09) 13. Adoption of Resolution No. P-02-07 - Approving Temporary Use Permit 02-03, Poway Chamber of Commerce, Applicant, for the Annual Poway Spring Fest 2002 Street Fair on Midland Road between Poway Road and Hilleary Place, April 21, 2002, from 10:00 a.m. to 4:00 p.m. Said section of Midland Road to be closed from 5:00 a.m. to 7:00 p.m. Event to include approximately 200 booths, one stage with live entertainment and a kid's zone. (203-07) 14. Award of Bid for the 00-01 Oveday Project to J.D. Paving, Inc., the amount of $2,391,526.46. (602-01 #1523) 15. Adoption of the 2002 Traffic Signal Report. (1160-01) 16. Approval of Reduction of Grading Security No. BE 2616591 from $1,616,000 to $100,000 following the applicant's posting of a replacement bond in the amount of $100,000, for Heritage Ranch Estates, TTM 98-02, Permit No. G-1265-00, Old Coach Drive; David Davis, NorthPoint Development, Inc., Applicant. APNs: 272-140-02, 272-150-01,276-071- 13 and 277-011-07. (203-01) 17. Approval of Release of Bond No. 865747S which includes a Performance Bond in the amount of $1,528,104 and a Payment Bond in the amount of $764,052 and Monument Bond No. 865749S in the amount of $4,300 for Legacy Stowe Business Centre, TPM 99-07, Matt Adams, Legacy Partners 2078, LLC., Applicant. APNs: 323-090-95 through 98. (203-02/602-01 #1398) Motion carried 4-0 with Councilmember Higginson absent. ITEM 1 (202-13) ENVIRONMENTAL ASSESSMENT CAPITAL IMPROVEMENT PROJECT NOS. 1435 & 1436 APPLICANT: CITY OF POWAY Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. In order to maintain the efficiency of our drainage channels, the Public Works Department is proposing a silt removal program within Poway Creek in a channelized area located between Midland Road and Pomerado Road. In order to provide periodic maintenance of the channel, the City crews need access to the channel bottom. This project also includes the construction of a 10-foot-wide concrete access ramp that will extend from the Fire Station 1 parking lot east to the concrete apron located at the base of the box culvert 7484 Page 4 - CITY OF POWAY - March 12, 2002 where Poway Creek crosses under Community Road. At this time, staff is requesting a continuance of this item to the meeting of March 26, 2002, in order to address additional mitigation requirements as proposed by U.S. Fish & Wildlife Service and the California Department of Fish & Game in response to the projects Public Notice. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to continue the public hearing to March 26, 2002. Motion carried 3-0 with Councilmember Higginson absent and Deputy Mayor Emery away from the Dais. ITEM 5.1 (602-01 #1319) APPROPRIATION WET 'N WILD SETTLEMENT FUNDS EXPENDITURE PLAN Staff report by City Manager Bowersox. Consistent with Council direction on January 8, 2002, staff has prepared an expenditure plan for the Wet 'n Wild Settlement Funds. Each Councilmember has the opportunity to allocate $220,000 for community purposes. The following people were present wishing to speak: Valerie Raymond spoke in support of the proposed expenditure plan. Dan Krall, 14223 Primrose Court spoke in support but noted what appeared to be unequal support for girls sports. Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to approve the appropriation of $1.1 million in settlement funds and the expenditure plan. Motion carried 4-0 with Councilmember Higginson absent. CITY ATTORNEY ITEMS 19. City Attorney Eckis announced that the Supreme Court had ruled in favor of cities with regards to the Arnicas Brief filed on behalf of Thousand Oaks - that abandonment of a contract does not apply to public projects. MAYOR AND CITY COUNCIL-INITIATED ITEMS 21A. Councilmember Goldby requested support for adoption of a Resolution endorsing the U.S. Environmental Protection Agency's Tentative Decision for the NPDES Permit for the City of San Diego's Point Loma Wastewater Treatment Plant Discharge to the Pacific Ocean. 7485 Page 5 - CITY OF POWAY - March 12, 2002 Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to adopt Resolution No. 02-018, entitled, "A Resolution of the City Council of the City of Poway, California, Endorsing the U.S. Environmental Protection Agency's Tentative Decision for the NPDES Permit for the City of San Diego's Point Loma Wastewater Treatment Plant Discharge to the Pacific Ocean Through the Point Loma Ocean Outfall." Motion carried 4-0 with Councilmember Higginson absent. 24A. Mayor Cafagna and Council discussed updates to the Regional Governance options. No action was taken. Mayor Cafagna then requested the City look into a request to put signage on Highway 67 to prevent people from parking in the bike lanes. ADJOURNMENT Mayor Cafagna adjourned the meeting at 9:00 p.m. upon motion by Councilmember Rexford, seconded by Deputy Mayor Emery, in memory of Bruce Merrill. ""E~i Anne Peoples, Citly Clerk Ci~ of Poway 7486