CC 2002 06-11CITY OF POWAY, CALIFORNA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JUNE 11, 2002
The June 11, 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.
COUNClLMEMBERS PRESENT
Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Steve Eckis
Lori Anne Peoples
Warren Shafer
Robert Clark
Niall Fritz
Jim Howell
Deborah Johnson
Mark Sanchez
Leonard Zuniga
David Narevsky
Javid Siminou
Patti Brindle
Scoff 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 Redevelopment Services
Director of Safety Services
Sheriff's Lieutenant
Redevelopment Manager
City Engineer
City Planner
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PRESENTATIONS
Lori Simon, Chairperson of the Parks & Recreation Committee, thanked the Council and
Teens for their support in the fundraising efforts for the Skate Park. She then
introduced representatives from the Teen Recreation Committee who presented the
Council with a check in the amount of $2,482, the proceeds from their opportunity
drawing and a check for $5,000 from ODM, a company in the Industrial Park, for the
Skate Park Fund.
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PUBLIC ORAL COMMUNICATION
Mayor Cafagna explained the procedure for Public Oral Communications.
The following person was present wishing to speak:
Merrilee Boyack, 14418 Crestwood Avenue, thanked the Council and staff for their
support on obtaining a crossing guard for Meadowbrook School.
CONSENT CALENDAR
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to approve the
Consent Calendar as follows:
Ratification of Warrant Register for the Period of May 13 through May 17, 2002.
(401-10)
Approval of Minutes - City Council
May 14, 2002 - Regular Meeting
7. Approval City's Investment Report as of April 30, 2002.
(408-01 )
Authorization to Execute Fourth Amended Agreement Between the County of
San Diego and the City of Poway for the Provisions of Animal Control Services
for FY 2002-2003. (602-01 #90)
Adoption of Resolution No. 02-056 - Authorizing A Hazard Elimination System
(HES) Grant Project STPLHG-5428 (005) - (City Project #1333A), Approving
Program Supplement No. M004 to the Existing Local Agency-State Agreement
for Federal-Aid Projects and Appropriating Funds in the amount of $111,000 for
Signal Modification at the Intersection of Poway Road and Pomerado Road and
to make small improvements at three other intersections. (401-30)
10. Approval of Lease Agreement Between the City of Poway and the Boys and Girls
Club of Inland North County for Operations in Community Park. (602-01 #1539)
11.
Approval of Implementation of Alternatives B (one adult crossing guard for
Meadowbrook Lane at Pomerado Road - $2,500) and C (purchase of equipment
and installation of a right-turn overlap - $12,500) and appropriation of funds.
(1160-01)
12.
Approval of Standard Agreement for Professional Landscape Architectural
Services to provide as-needed landscape planning, architectural and engineering
consultant services for the alteration renovation or reconstruction of various City
park playgrounds and landscapes with Richard Fisher Associates and GFH
Landscape Architecture. (602-01 #1540/602-01 #1541 )
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12.1 Wet'n Wild Settlement Funds Expenditure Plan Update.
(602-01 #1319)
12.2
Adoption of Resolution Nos. 02-057, 02-058, 02-059, and 02-060 - Commending
Eagle Scouts Gary Kuebitz, Josh Hollman, Kees Vanderstel and John Carpenter.
(701-17)
Motion carried unanimously.
ITEM 1 (702-00)
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, which was adopted by the City and maintained until February 1994. In
February 1994, the City Council approved an additional 2 percent to that tax. At the
time of approval of the additional tax, voter approval was not required. However, in July
2001, the California State Supreme Court ruled that the 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 the 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 Council in 1994 must now receive voter approval. In order to
increase the TOT, the proposition would be submitted to the Poway electorate on the
November 2002 ballot. Three alternatives for Council consideration would be to
establish the TOT at 8 percent; establish the TOT at 10 percent or a combination that
would place both the 8 and 10 percent measure on the ballot and if they receive a
majority approval, the 10 percent measure would prevail. This would occur regardless
of which measure received more votes. In order to place this matter on the November
2002 ballot, it is necessary for Council to select an alternative and then place it on the
June 25, 2002 agenda for first reading. Staff is recommending the 10 percent
alternative. Redevelopment Services Director Johnson responded to questions of the
Council.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to go forward
with placing the 10 percent alternative on the ballot. Motion carried 4-1 with
Councilmember Goldby voting "no."
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ITEM 2.1 (203-18)
PRE-DEVELOPMENT CONFERENCE
RECREATIONAL VEHICLE PARK
GAS STATION
APPLICANT: LUCIDI FARMS
Mayor Cafagna introduced the item and stated that this was a pre-development
conference which is intended to provide the property owners or project applicant an
opportunity to discuss their proposal with the Council without expenditure of large
amounts of funds. Council provides input, but does not take any action.
Staff report by City Manager Bowersox. This proposal was scheduled for a regular
Council meeting in order to ensure that the entire Council was present since the
proposal is for a Recreational Vehicle Park and Related Commercial Development,
which would require a public vote in order to fulfill the requirements of Proposition FF.
Deputy Mayor Emery acknowledged that he had met with Mr. Lucidi regarding his
proposal and suggested he arrange for a pre-development conference to present it to
the full Council.
Mr. Lucidi presented his proposal and responded to questions of the Council.
The following people were present wishing to speak:
John Pavin, 16155 Poway Road expressed a neutral opinion at this point.
Al Abolafia, 16155 Poway Road expressed a neutral opinion at this point.
Wayne Brannon, 12156 Dos Hermanos Road spoke in opposition.
Dee Fleischman, 15070 Pomerado Road, expressed concern with water and septic
issues.
CITY MANAGER ITEMS
13. City Manager Bowersox introduced the newest Poway News Chieftain reporter,
Tom Chambers.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
16. Councilmember Goldby requested and received Council concurrence to have
staff evaluate a "House Party Law" for Poway.
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19A. Mayor Cafagna stated there was no update on the Regional Governance options.
(1503-46)
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:41 p.m. upon motion by Councilmember
Higginson, seconded by Councilmember Goldby. Motion carried unanimously.
Lo~'i Anne Peoples, City Clerk
Cit~7 of Poway
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