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CC 2002 07-30CITY OF POWAY, CALIFORNA MINUTES OF THE CITY COUNCIL REGULAR MEETING JULY 30, 2002 The July 30, 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 Tamara Smith Lori Anne Peoples Warren Shafer Robert Clark Niall Fritz Jim Howell Mark Sanchez Linda Barnett Javid Siminou Patti Brindle Jim Lyon Bob Krans Kristy Toff Scott Edwards City Manager Deputy City Manager Assistant City Attorney City Clerk Director of Administrative Services Director of Community Services Director of Development Services Director of Public Works Director of Safety Services Sheriff's Captain City Engineer City Planner Associate Planner Fire Division Chief Redevelopment Project Administrator 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: David Kern, 14694 High Valley Road, spoke regarding the High Valley Water Line Project and a claim he had filed. 7588 If" "1 Page 2 - CITY OF POWAY - July 30, 2002 Ed Carboneau, 14073 Pomegranate, expressed his views on the Poinsettia Mobile Home Park management. R.W. "Nick" Stavros, 13639 Jackrabbit Road, expressed his views on the Community Pool. Bill Cross, 13105 Corona Way, proposed a used cell phone project for the Weingart Senior Center. CONSENT CALENDAR Mayor Cafagna requested Item 23 be pulled for discussion. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to approve the remainder of the Consent Calendar as follows: 14. Ratification of Warrant Register for the Period of June 24-28, 2002 and July 1-5, 2002. (401-10) 15. 18. 19. Approval of Minutes - City Council June 25, 2002 - Regular Meeting July 2, 2002 - Canceled Adjourned Regular Meeting Award of Bid for the Hazard Elimination System Traffic Signals to Perry Electric, Inc., in the amount of $79,000. (602-01 #1549) Approval of Agreement between the City of Poway and Trauma Intervention Program of San Diego County, Inc., to establish a program within the City to ensure emotionally traumatized individuals are given support immediately following a crisis event. Appropriation of $5,959 from the Unappropriated General Fund balance and authorize the City Manager to sign the agreement. (602-01 #1550) 20. Approval of Acquisition of Automated External Defibrillators, Training Supplies, and Other Equipment for the Continued Implementation of a Public Access Defibrillation Program in the City of Poway. Appropriation of $31,000 from the Unappropriated General Fund Balance. (Phase II of approved PAD program). (1302-05) 21. Authorization for the Construction and Purchase of a Water Tender on a Customer-Provided Chassis with South Coast Fire Equipment (a Pierce distributor) for $129,344.18. (601-03) 7589 Page 3 - CITY OF POWAY - July 30, 2002 22. Authorization to Release Grading and Improvement Bonds for Valencia Creek, Tentative Tract Map 97-03 in the amount of $1,836,000 and a cash security of $40,000; Gary Crouch, D.R. Horton, Applicant. APN's: 317-830-01 through 08. (602-01 #1324) 23. Update on the California Integrated Waste Management Board's 1999/2000 Biennial Review of the City of Poway's Implementation of AB 939 Waste Reduction Requirements. (1502-39) 24. Wet'n Wild Settlement Funds Expenditure Plan Update. (602-01 #1319) 24.1 Grand Jury Report entitled "Home Rule" Is Chartering a City a Good Idea? (701-20) Motion carried unanimously. ITEM 1 (203-08/203-14) CONDITIONAL USE PERMIT 02-05 DEVELOPMENT REVIEW 02-15 BLUE SKY EDUCATIONAL CENTER APPLICANTS: CITY OF POWAY/DOMINY & ASSOCIATES Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 6,000-square-foot Educational/Interpretive Center containing an outdoor amphitheater, outdoor biological exhibits, a 75-space parking lot, and walkways on approximately 8.5 acres of a 16-acre City owned site located on the northwest corner of Espola Road and the Green Valley Truck Trail. APN: 277-140-13, 14 and 278-320-10. The following people were present wishing to speak: Lew Dominy, 2150 W. Washington, San Diego, representing Dominy & Associates, Architects for the Blue Sky Center, spoke in support of the project and responded to questions of the Council and public. Louis Tooch, 14105 Powers Road, spoke in support of the project and made inquiry on mitigation land. Dave Schneider, 16345 Country Day Road, spoke in opposition to the use of the property. Al Toretto, Environmental Director of the Friends of Blue Sky, spoke in support. 7590 · I'-' ~ I Page 4 - CITY OF POWAY - July 30, 2002 Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to close the public hearing, issue a Mitigated Negative Declaration, and adopt Planning Resolution No. P-02-37, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 02-05 and Development Review 02-15 Assessor's Parcel Number 277-140-13, 14 and 278-320-10." Motion carried unanimously. ITEM 2 (203-08/203-14) CONDITIONAL USE PERMIT 01-21 DEVELOPMENT REVIEW 01-16 FIRE STATION #3 APPLICANT: CITY OF POWAY Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff report by Development Services Director Fritz. This is a request to construct a 13,524-square-foot single-story Fire Station and a modular building for an interim facility on approximately 2.5 acres of a 57-acre parcel located southwest of the intersection of Ted Williams Parkway and Pomerado Road. APN: 314-040-17. The following people were present wishing to speak: Louis Tooch, 14105 Powers Road, spoke in opposition to the placement of the traffic signal. Mary Sanborn, 12119 Wilsey Way, expressed her views on the feasibility study. Ellen Bernee, P.O. Box 823, representing the Pomerado Pines Homeowner's Association, spoke in opposition. Mark Baker, 750 N. Citracado Parkway #19, Escondido, Project Architect, spoke in support and responded to questions. Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to close the public hearing, issue a Mitigated Negative Declaration, and adopt Planning Resolution No. P-02-38, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 01-21 and Development Review 01-16 Assessor's Parcel Number 314-040-17." Motion carried 4-1 with Councilmember Rexford voting "no." ITEM 3 (1002-02) ENVIRONMENTAL ASSESSMENT 02-14 PROPERTY ACQUISITION 20.44-ACRES VAN DAM PEAK AND IOLA WAY 7591 Page 5 - CITY OF POWAY - July 30, 2002 Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. The City of Poway was approached by a real estate agent representing the owners of a 20.44-acre parcel on the south face of Van Dam Peak, at the terminus of Iola Way (APN: 316-020-22), offering the property for sale. Acquisition of this parcel is consistent with previous direction from the City Council to acquire property to preserve prominent landforms in their natural state. The purchase price is $210,000 and estimated closing costs are $3,000. There was no one present wishing to speak. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to close the public hearing, issue the Negative Declaration and adopt Planning Resolution No. P-02- 39, entitled, "A Resolution of the City Council of the City of Poway, California Approving Environmental Assessment 02-14 Authorization for Purchase APN 316-020-22." Motion carried unanimously. ITEM 4 (203-08) CONDITIONAL USE PERMIT 01-16 15101 MINA DEL CRC APPLICANT: NEXTEL COMMUNICATIONS Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a proposal to install a telecommunications facility consisting of antennas and ground mounted equipment on residential property located at 15101 Mina De Crc, APN: 321-110-24. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to close the public hearing, issue the Mitigated Negative Declaration, and adopt Planning Resolution No. P-02-40, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit (CUP) 01-16 to Install a Telecommunications Facility Consisting of Antennas and Ground Mounted Equipment on Property Located at 15101 Mina De Crc in the Rural Residential A (RR-A) Zone. Assessor's Parcel Number 321- 110-24." Motion carried unanimously. Mayor Cafagna requested Item Nos. 7, 8, 9 and 10 be heard together. 7592 Page 6 - CITY OF POWAY - July 30, 2002 ITEM 7 (401-27) FIRE PROTECTION/STREET IMPROVEMENT TAX ROLL FOR FY 2002-2003 ITEM 8 COMMUNITY FACILITIES DISTRICT NO. 1 FY 2002-03 SPECIAL TAX RATE ITEM 9 COMMUNITY FACILITIES DISTRICT NO. 88-1 FY 2002-03 SPECIAL TAX RATE ITEM 10 WEED AND NUISANCE ABATEMENT TAX ROLL FOR FY 2002-03 Mayor Cafagna opened the public hearings. Staff report by City Manager Bowersox. Annually, the City collects various taxes, fees, charges, and assessments on the tax rolls by following the procedures set up for such collections by the County. Item 7 is to set the assessment for fire protection in Assessment District 96-1 (High Valley Roads) and the neighborhood loan projects including Creek Road/Stage Stop Drive sewer improvements; Joshua Tree Court street improvements; Cobblestone Creek bridge and street improvements; Golden Way sewer; Budwin Lane street improvements; Old Espola Road sewer and Ann-O-Reno Lane street improvements. Item 8 sets the Special Tax for South Poway Community Facilities District No. 1 which is the Pomerado Business Park. Item 9 sets the Special Tax Rate for property within the Community Facilities District No. 88-1 (Parkway Business Centre) and Item 10 sets the charges from weed and nuisance abatement done by the City's contractor. There was no one present wishing to speak on any of the Items, 7 through 10. Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to close the public hearing and adopt Resolution No. 02-090, entitled, "A Resolution of the City Council of the City of Poway, California, Establishing the Fire Protection Tax, the Street and Water and Sewer Assessments, and the Road Improvement Assessments to be Collected on the Property Tax Roll for Fiscal Year 2002-2003." Motion carried unanimously. 7593 Page 7 - CITY OF POWAY - July 30, 2002 Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to close the public hearing and adopt Resolution No. 02-091, entitled, "A Resolution of the City Council of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied on Property within the South Poway Community Facilities District No. 1 for Fiscal Year 2002-2003." Motion carried unanimously. Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to close the public hearing and adopt Resolution No. 02-092, entitled, "A Resolution of the City Council of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied on Property Within the Community Facilities District No. 88-1 (Parkway Business Centre) for Fiscal Year 2002-2003." Motion carried unanimously. Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to close the public hearing and adopt Resolution No. 02-093, entitled, "A Resolution of the City Council of the City of Poway, California, Approving the Report of Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's Roll for Fiscal Year 2002-2003." Motion carried unanimously. ITEM 11 (203-01) TENTATIVE TRACT MAP 97-02(TE) TIME EXTENSION OWNERS: WHITEWATER LLC/GREG LOY Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request for a .one-year time extension of the approval for TTM 97-02, a proposal to subdivide a 34-acre property into nine one-acre residential lots and one 19- acre open space lot. APN: 323-071-18. There was no one present wishing to speak. Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to close the public hearing and adopt Resolution No. P-02-43, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Tract Map (TTM) 97- 02(TE) Assessor's Parcel Number 323-071-18." Motion carried unanimously. ITEM 12 (1180-03) RESPONSE CITIZEN INQUIRY APPLICATION OF PROPOSITION FF Staff report by City Manager Bowersox. At the June 4, 2002 City Council meeting, Louis Tooch spoke under Public Oral comment with regard to the application of Proposition FF in the adoption of Ordinance 372 that created the Hospital Campus zoning district and the approval of GPNZC 99-01A. The Council requested staff prepare a report in response to his inquiry. This is a receive and file item. 7594 Page 8 - CITY OF POWAY - July 30, 2002 No objection as filed. ITEM 13 (1180-03) RESPONSE CITIZEN INQUIRY 15905 POMERADO ROAD TEMPLE ADAT SHALOM Staff report by City Manager Bowersox. At the April 16, 2002 City Council meeting, several residents living adjacent to Temple Adat Shalom raised concerns about late night noise being generated from parties being conducted at the Temple Social Hall. The Council asked staff to work with the Temple and the residents to resolve the issues and report back to the City Council on resolution of the matter. This is a receive and file item. No objection as filed. ITEM 23 (1502-39) UPDATE CALIFORNIA INTEGRATED WASTE MANAGEMENT 1999/2000 BIENNIAL REVIEW CITY OF POWAY IMPLEMENTATION AB939 WASTE REDUCTION REQUIREMENTS Staff report by Public Works Director Jim Howell. State Law (AB 939) requires jurisdictions to submit an Annual Report to the California Integrated Waste Management Board (CIWMB) describing implementation of programs to achieve the state mandated waste diversion goal of 50% by the year 2000. In September 2001, the City of Poway reported a waste diversion rate of 49% for 2000. In December 2001, ClWMB staff conducted a 1999/2000 Biennial Review of the City's progress and during this process, the City received CIWMB staff approval to utilize a different set of data (specific to the City of Poway) to recalculate the City's waste diversion rate. When these data were inserted into the CIWMB's adjustment method calculation, Poway's diversion rate increased to 65%. This is a receive and file item. No objection as filed. 7595 Page 9 - CITY OF POWAY - July 30, 2002 CITY ATTORNEY ITEMS 26A. Assistant City Attorney Smith requested a Closed Session be held: Conference with Real Property Negotiator Government Code §54956.8 Property: Wanesta Drive and Hilleary Place, APN: 317-101-27 Negotiating Parties: James L. Bowersox on behalf of the Poway Redevelopment Agency, Buyer Olaf A. Wahlsten Revocable Living Trust and Gloria Schmoeger, Sellers Representative of the Olaf A. Wahlsten Revocable Living Trust and Gloria A. Schmoeger, Negotiator Under Negotiation: Price and Terms of Purchase MAYOR AND CITY COUNCIL-INITIATED ITEMS 27. Deputy Mayor Emery requested and received Council concurrence to have a future workshop on the protection of properties with churches to prevent them from reverting to other uses. 28. Council'member Goldby requested staff start planning to send members of the Teen Issues Committee to the League Conference in October in Long Beach to attend the youth leadership component. 31A. Mayor Cafagna requested and received Council Confirmation of Appointment of Erin Leffingwell as the Meadowbrook Middle School Representative on the Teen Issues Committee. (701-09) 31B. Mayor Cafagna provided a brief update on Regional Governance options. (1503-46) CLOSED SESSION Mayor Cafagna called for Closed Session as requested by Assistant City Attorney Smith at 8:50 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 9:07 p.m. with all members present, and adjourned the meeting at 9:08 p.m. upon motion by Councilmember Higginson, seconded by Councilmember Rex'ford. Motion carried unanimously. ~ ;. EL...., '~rfknne Peoples, C~-d~rk City of Poway 7596