CC 2002 07-09CITY OF POWAY, CALIFORNA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JULY 9, 2002
The July 9, 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
Niall Fritz
Jim Howell
Dennis Quillen
Deborah Johnson
Mark Sanchez
Linda Barnett
Javid Siminou
Scott Edwards
City Manager
Deputy City Manager
City Attorney
City Clerk
Director of Administrative Services
Director of Development Services
Director of Public Works
Assistant Director of Public Works
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
City Engineer
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATION
Mayor Cafagna explained the procedure for Public Oral Communications.
The following people were present wishing to speak:
Susan Conniry, 12061 Wildcat Canyon Road, Lakeside and Jeremiah Vocke, P.O. Box
149, Poway, thanked Council for their support and funding contribution of the Coyote
Youth Project.
Eamon Kavanagh, 13243 Evanston Drive, Poway, thanked Council for their support and
funding contribution for the Kumeyaay Ipai Interpretive Center.
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CONSENT CALENDAR
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to approve the
Consent Calendar as follows:
15.
Ratification of Warrant Register for the Period of June 3-7, 2002 and June 10-14,
2002. (401-10)
16.
Approval of Minutes - City Council
June 4, 2002 - Regular Meeting
June 6, 2002 - Adjourned Regular Meeting
June 11, 2002 - Regular Meeting
18. City's Investment Report as of May 31, 2002.
(408-01)
19. Adoption of Resolutions for November 5, 2002 General Municipal Election:
Resolution No. 02-076 - Calling and Giving Notice of the Holding of a General
Municipal Election for the Election of Certain Officers as Required by the
Provisions of the Laws of the State of California Relating to General Law Cities
and for the Submission to the Voters of a Question Relating to Transient
Occupancy Tax;
Resolution No. 02-077 - Requesting the Board of Supervisors of San Diego
County Consolidate a General Municipal Election with the Statewide General
Election;
Resolution No. 02-078 - Authorizing the Filing of Written Arguments;
Resolution No. 02-079 - Providing for the Filing of Rebuttal Arguments. (702-02)
20.
Award of Bid for Water Treatment Plant Chemicals for Fiscal Year 2002/2003 to:
Commerce Chemical Company for Alum in the amount of $39,643.50; JCl Jones
Chemicals, Inc. for Chlorine in the amount of $36,480.00; Hill Brothers Chemical
Company for Aqua Ammonia in the amount of $15,015.00; Carus Chemical
Company for Potassium Permanganate in the amount of $14,485.02 and Pioneer
Americas, LLC for Sodium Hydroxide in the amount of $33,950.00. (601-03)
21.
Rejection of Claims Against the City (4): Frank D. Ohrmund, Laura Sussely-
House, Jeanne Collins and Daniel J. Hill. (704-13)
Motion carried unanimously.
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ITEM 1 (701-04/702-12)
ORDINANCE NO. 559/SECOND READING
TRANSIENT OCCUPANCY TAX INCREASE
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 559, "An
Ordinance of the City of Poway, California, Amending Chapter 3.16 of the Poway
Municipal Code to Increase the Transient Occupancy Tax to Ten Percent." Staff report
by City Manager Bowersox. At its June 11, 2002 meeting, the City Council directed
staff to prepare the documents necessary to submit to the voters, a measure on the
November 2002 ballot which would increase the Transient Occupancy Tax (TOT) to 10
percent which is 4 percent above the current 6 percent. First reading of this Ordinance
was held on June 25, 2002.
Councilmember Higginson stated that although he was absent at the first reading on
June 25, 2002, he had read the report.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to read the title
and waive further reading of the Ordinance. Motion carried unanimously. Motion by
Deputy Mayor Emery, seconded by Mayor Cafagna, to close the public hearing and
adopt the Ordinance and Resolution No. 02-080, entitled, "A Resolution of the City
Council of the City of Poway, California, Submitting to the Qualified Electors of the City
an Ordinance Increasing the Transient Occupancy Tax to Ten Percent." Motion carried
4-1 with Councilmember Goldby voting "no" on a roll call vote.
ITEM 2 (701-04)
ORDINANCE NO. 560/SECOND READING
WATER SERVICE CHARGES AND RATES
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 560, "An
Ordinance of the City of Poway, California Amending Chapter 13.11.010 of the Poway
Municipal Code, Schedule of Water Service Charges, and Establishing Water Rates."
Staff report by City Manager Bowersox. First reading of this Ordinance was held on
June 25, 2002.
Councilmember Higginson stated that although he was absent at the first reading on
June 25, 2002, he had read the report.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to waive further
reading, close the public hearing and adopt Ordinance No. 560. Motion carried
unanimously on a roll call vote.
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ITEM 3 (701-04)
ORDINANCE NO. 561/SECOND READING
SEWER SERVICE CHARGES AND RATES
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 561, "An
Ordinance of the City of Poway, California, Amending Chapter 13.03.010 of the Poway
Municipal Code, Schedule of Sewer Service Charges, and Establishing Sewer Rates."
Staff report by City Manager Bowersox. First reading of this Ordinance was held on
June 25, 2002.
Councilmember Higginson stated that although he was absent at the first reading on
June 25, 2002, he had read the report.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to waive further
reading, close the public hearing and adopt Ordinance No. 561. Motion carried
unanimously on a roll call vote.
ITEM 4 (203-24)
MINOR CONDITIONAL USE PERMIT 02-002
MARK ABELKOP
APPLICANT: POWAY MITSUBISHI AUTOMOTIVE
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
The applicant is currently constructing a 5,016-square-foot sales office and 2,340-
square-foot service facility approved by the Council of August 14, 2001 (MCUP 00-006,
DR 00-17 and VAR 01-11). Two temporary trailers were approved through a Minor
Development Review Application (MDRA 01-77) for a sales office and a construction
office. The 90-day time period for the sales office has run out, and the applicant is
requesting that the sales office trailer be permitted to remain until the permanent
automobile dealership sales and service facility is completed and a Certificate of
Occupancy is released. The Zoning Ordinance allows the approval of a temporary
office trailer for longer than 90 days pursuant to an MCUP.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to close the
public hearing and adopt Planning Resolution No. P-02-35, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Minor Conditional Use Permit
02-002 AssessoCs Parcel Number 323-201-22." Motion carried unanimously.
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ITEM 5 (705-07)
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 83-1
ITEM 6 (705-09)
NOTICE Of INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 86-1
ITEM 7 (705-11 )
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 86-2
ITEM 8 (705-12)
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 86-3
ITEM 9 (705-14)
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 87-1
ITEM 10 (705-10)
NOTICE OF INTENTION/ENGINEER'S REPORT
POWAY LIGHTING DISTRICT
Mayor Cafagna opened the public hearings. Staff report by City Manager Bowersox. At
their May 7, 2002 meeting, Council approved Resolution Nos. 02-045 through 02-050
declaring the intent to levy and collect assessments and setting the public hearings for
this evening.
The following person was present wishing to speak:
Dee Fleischman, 15070 Pomerado Road, expressed her views with regards to the
maintenance of trees throughout the City on both public and private property.
Motion by Mayor Cafagna, seconded by Deputy Mayor Emery, to close the public
hearings and take the following actions:
Adopt Resolution No. 02-081, entitled, "A Resolution of the City Council of the City of
Poway, California Establishing Assessments for Landscape Maintenance District 83-1
to be Collected on the Property Tax Roll for Fiscal Year 2002/2003,"
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Adopt Resolution No. 02-082, entitled, "A Resolution of the City Council of the City of
Poway, California Establishing Assessments for Landscape Maintenance District 86-1
to be Collected on the Property Tax Roll for Fiscal Year 2002/2003,"
Adopt Resolution No. 02-083, entitled, "A Resolution of the City Council of the City of
Poway, California Establishing Assessments for Landscape Maintenance District 86-2
to be Collected on the Property Tax Roll for Fiscal Year 2002/2003,"
Adopt Resolution No. 02-084, entitled, "A Resolution of the City Council of the City of
Poway, California Establishing Assessments for Landscape Maintenance District 86-3
to be Collected on the Property Tax Roll for Fiscal Year 2002/2003,"
Adopt Resolution No. 02-085, entitled, "A Resolution of the City Council of the City of
Poway, California Establishing Assessments for Landscape Maintenance District 87-1
to be Collected on the Property Tax Roll for Fiscal Year 2002/2003,"
Adopt Resolution No. 02-086, entitled, "A Resolution of the City Council of the City of
Poway, California Establishing Assessments for the Poway Lighting District to be
Collected on the Property Tax Roll for Fiscal Year 2002/2003."
Motion carried unanimously.
ITEM 11 (1110-02)
SOUTH POWAY BUSINESS PARK SIDEWALK PROGRAM
Staff report by City Manager Bowersox. The Council directed staff to evaluate the
adequacy of sidewalk improvements in the South Poway Business Park. The results
indicate that there are about 64,000 lineal feet of existing sidewalk located along many
key portions of streets in the South Poway Business Park. There are several sections of
streets, totaling 36,000 lineal feet, lacking such improvements. These areas are located
primarily within industrial tracts that developed as mass development schemes, when
the anticipated land uses were warehouse or other Iow traffic generators and thus, did
not require sidewalk improvements. In some instances, sidewalk improvements were
not required with development in order to make development feasible during the
economic recession of the eady 1990's. Methods for providing sidewalk improvements
if such a program was to be implemented by the City were considered. For example,
those sections of streets lacking sidewalk that front undeveloped land parcels, can be
provided sidewalk as development of each parcel occurs. This would account for about
one-fourth, or 9,000 lineal feet of the 36,000 lineal feet needed. In order to provide the
remaining 27,000 lineal feet which front along fully developed property, a plan would
have to be implemented for their construction through the City's Capital Improvement
Program. The cost for design and construction is estimated to be $800,000 to $1.2
Million.
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Council concurred to place this in their goals and objectives and directed staff to look for
grants and possible transit funding assistance.
ITEM 12 (701-04)
ANNUAL REVIEW
ORDINANCE NO. 540
OUTDOOR DISPLAY
Staff report by City Manager Bowersox. On June 5, 2001, Council amended section
17.10.190 of the Poway Municipal Code to allow for outdoor display of merchandise.
Council directed staff to monitor the implementation of the ordinance and report back
within a year on its implementation.
Council concurred to receive and file the report.
ITEM 13 (1180-05)
CHAMBER OF COMMERCE
POWAY VISITOR SERVICES PROGRAM
Staff report by City Manager Bowersox. Since 1994 the City of Poway has contracted
with the Poway Chamber of Commerce to conduct visitor services on behalf of the City.
The most recent contract paid $36,650 in a lump sum payment to the Chamber in
March of 2000 to cover the service through 2002. During this contract period, the
Chamber increased visitor services activities by approximately 15% and are currently
requesting a renewal of the contract for Fiscal Year 2002/2003, and an increase in the
funding level from $18,325 to $22,800 to cover additional programs and costs.
The following person was present wishing to speak:
Jim Baumann, CEO of the Poway Chamber of Commerce, 13381 Poway Road, spoke
in support of the request.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to approve the
proposed budget. Motion carried unanimously.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
24A.
Deputy Mayor Emery proposed the extension of Civic Center Drive rather than
Tarascan to provide for a presence of Civic Center Drive on Poway Road.
(1110-01)
Council concurred with the proposal and requested staff review feasibility.
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28A. Mayor Cafagna provided a brief verbal update on Regional Governance Options.
(1503-46)
28B. Mayor Cafagna requested consideration of a Resolution In Support of AB 2095
(Kehoe) and SB 1703 (Peace) Which Would Establish the San Diego Regional
Agency. (1503-46)
Council decided to refrain from adopting the Resolution at this time until
additional questions could be answered.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:25 p.m. upon motion by Councilmember
Higginson, seconded by Councilmember Rexford. Motion carried unanimously.
· 'or) Anne Peoples, (~ity Clerk
Cit~, of Poway
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