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CC 2002 08-20CITY OF POWAY, CALIFORNA MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 20, 2002 The August 20, 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 Poway Community Library - Meeting Room, 13137 Poway Road, Poway, California. COUNCILMEMBERS PRESENT Bob Emery, Jay Goldby, Don Higginson COUNClLMEMBERS ABSENT Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Penny Riley Steve Eckis Lori Anne Peoples Sherrie Worrell Warren Shafer Robert Clark Niall Fritz Jim Howell Mark Sanchez Linda Barnett Javid Siminou Brad Kutzner Danis Bechter Patti Brindle Jason Martin Pamela Wilczak Krissy Toff Scoff Edwards City Manager Deputy City Manager City Attorney City Clerk Deputy City Clerk Director of Administrative Services Director of Community Services Director of Development Services Director of Public Works Director of Safety Services SherifFs Captain City Engineer Assistant City Engineer Engineering Inspection Supervisor/ NPDES Coordinator City Planner Senior Planner Housing Programs Manager Redevelopment Project Administrator Management Analyst PLEDGE OF ALLEGIANCE Councilmember Higginson led the Pledge of Allegiance. 7605 Page 2 - CITY OF POWAY - August 20, 2002 PROCLAMATION Deputy Mayor Emery presented a Proclamation declaring August 2002 as "Children's Vision and Learning Month" to Dr. Donald J. Janiuk and Kristin Hunter. PUBLIC ORAL COMMUNICATION Deputy Mayor Emery explained the procedure for Public Oral Communications: The following person was present wishing to speak: R.W. "Nick" Stavros, 13639 Jackrabbit Road, expressed his views on the use of the Community Pool exclusively for swim meets during the summer months. CONSENT CALENDAR Motion by Councilmember Goldby, seconded by Councilmember Higginson, to approve the Consent Calendar as follows: 13. Ratification of Warrant Register for the Period of July 8-12, 2002 and July 15-19, 2002. (401-10) 14. Approval of Minutes - City Council July 9, 2002 - Regular Meeting July 11,2002 - Canceled Adjourned Regular Meeting July 16, 2002 - Regular Meeting 16. Approval of City's Investment Report as of June 30, 2002. (408-01) 17. Acceptance of Riparian Road Wood Fencing Project from Quality Fence Company, Inc. (602-01 #1538) 18. Approval of Extension of the 01-02 Citywide Striping Contract with Luzaich Striping, Inc., and Award of Bid for the 2002-2003 Citywide Striping Project to Luzaich Striping Inc., in the amount of $114,592.56. (602-01 #1502) 19. Approval of Temporary Water Connection for 14480 Carlson Court, Michael and Anne Woll, Applicants. APN: 321-230-71. (1204-04) 20. Adoption of Planning Resolution No. P-02-46 - Approval of a Modification to Comprehensive Sign Program 97-01, Assessor's Parcel Numbers 317-270-09 and 10. Chris Cote, Grafiks Advertising and Signs, Applicant. Location: Valley View Business Center, 13100-13200 Kirkham Way. (203-15) 76O6 Page 3 - CITY OF POWAY - August 20, 2002 21. Status Report on Traffic Conditions at Scripps Poway Parkway and Pomerado Road. (1160-04) 22. Rejection of Claims (2) Against the City: David P. Kern. (704-13) 23. Rejection of Bid for the Fire Station #1 Kitchen Remodel Project. Request for Re-appropriation of Funds and Adoption of Resolution No. 02-099 - Authorizing the Open Market Procedure to Complete the Project. (601-03R) 24. Award of Bid for the Poway Skate Park Project (#1655) to Single Eagle Inc., dba Concrete Contractors Interstate in the amount of $731,607.80 (602-01 #1559) 25. Approval of Compensation Increase for the City Clerk. (602-01 #1265) 26. Approval of Agreement for Legal Services with McDougal, Love, Eckis, Smith and Boehmer. (602-01 #259) 27. Approval of Attendance of 4 Youth and a Staff Member to Participate in the League of California Cities Annual Conference in Long Beach, California, in October, 2002. (1503-22) 27.1 Approval of Appropriation of Funds in the amount of $250,000 for Change Order with J. D. Paving, Inc., for the Overlay of Espola Road between Twin Peaks Road and Titan Way. (602-01 #1523) 27.2 Adoption of Planning Resolution No. P-02-47 - Approval of Temporary Use Permit 02-71, Annual Poway Days Events from Sunday, September 1 through Monday, September 30, 2002, Poway Chamber of Commerce and Greg Sundberg, City of Poway Community Services, Applicants. (203-07) Motion carried 3-0 with Councilmember Rexford and Mayor Cafagna absent. ITEM 1 (203-08) CONDITIONAL USE PERMIT 02-02 TELECOMMUNICATIONS FACILITY 14280 POWAY ROAD APPLICANT RICHARD CONNER RILEY & ASSOCIATES Deputy Mayor Emery opened the public hearing. Introduction by City Manager Bowersox. This item was continued from the August 6, 2002 City Council meeting. Staff report by Development Services Director Fritz. This is a request to install a telecommunications facility consisting of antennas and ground mounted equipment on developed property located at 14280 Poway Road. APN: 323-190-06. 76O7 Page 4 - CITY OF POWAY - August 20, 2002 The following people were present wishing to speak: Grant Heitman, 9275 Sky Park Court, Suite 105, San Diego, representing Sprint PCS, spoke in support of the proposed facility and responded to questions of the Council. Bill Muehlbauer, representing Mt. Olive Lutheran Church, spoke in support of the proposed facility. Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to continue the public hearing to September 17, 2002 to allow for review by the full Council. Motion carried 3-0 with Councilmember Rex-ford and Mayor Cafagna absent. ITEM 2 (203-02) ENVIRONMENTAL ASSESSMENT TENTATIVE PARCEL MAP 02-01 APPLICANT: PACIFIC SCENE HOMES Deputy Mayor Emery opened the public hearing. Introduction by City Manager Bowersox. Staff report by Development Services Director Fritz. This is a request for approval of a tentative parcel map for a 2-lot subdivision of a 4.8-acre site, currently occupied by the Seventh Day Adventist Church at 13940 Pomerado Road. APN: 314- 060-06, 314-131-10 and 11 and 314-132-07. The following person was present wishing to speak: Doug Munson, P.O. Box 461952, Escondido, representing the Church, spoke in support of the proposed project with the exception of the City requirement to formalize the pedestrian strip. Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to close the public hearing, approve the Mitigated Negative Declaration and adopt Planning Resolution No. P-02-48, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Parcel Map 02-01 Assessor's Parcel Numbers 314-060- 06, 314-131-10 and 11, and 314-132-07." Motion carried 3-0 with Councilmember Rex'ford and Mayor Cafagna absent. ITEM 3 (701-04) ORDINANCE NO. 562/FIRST READING ESTABLISHING TRUCK ROUTES Deputy Mayor Emery opened the public hearing. Introduction by City Manager Bowersox. Staff report by Development Services Director Fritz. A review has been completed of truck routes in Poway for purposes of updating the list of arterial streets that may be used by vehicles exceeding normal weight standards. The report identifies existing routes and recommends modifications according to changes in roadway use 7608 Page 5 - CITY OF POWAY - August 20, 2002 and design, and the continuing need for truck access. Additionally, the Poway Grade was analyzed to determine past and present impacts associated with truck use. Staff is recommending Council hold first reading of the subject Ordinance establishing additional Truck Routes on Ted Williams Parkway, Stowe Drive, Danielson Street, Kirkham Way, Espola Road between Poway Road and Twin Peaks Road, Community Road between Poway Road and Kirkham Road, and Scripps Poway Parkway between the east and west City limits. It is further recommended that the Council remove a segment of Poway Road between State Route 67 and Espola Road from the approved Truck Route list, and continue the public hearing to September 3, 2002 for second reading and adoption. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Higginson, to waive further reading (unanimous vote) and continue the public hearing to September 3, 2002 for second reading and adoption. Motion carried 3-0 with Councilmember Rexford and Mayor Cafagna absent. ITEM 5 (203-24) MINOR CONDITIONAL USE PERMIT 01-003 APPLICANT: DIXIELINE LUMBER & HOME IMPROVEMENT Deputy Mayor Emery opened the public hearing. Staff report by City Manager Bowersox. This is a request to allow for a permanent outdoor display area in the front of the store located at 13345 Poway Road. APN: 317-473-12. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember Goldby, to close the public hearing and adopt Planning Resolution No. P-02-50, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Minor Conditional Use Permit 01-003 Assessor's Parcel Number 317-473-12." Motion carried 3-0 with Councilmember Rexford and Mayor Cafagna absent. ITEM 6 (203-14) DEVELOPMENT REVIEW 02-14 APPPLICANT: NEILSEN DEVELOPMENT Deputy Mayor Emery opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct 13 detached single-family homes on 3.5-acres located at the southwest corner of Oak Knoll Road and Carriage Road. APN: 317-501- 09 and 10. 7609 Page 6 - CITY OF POWAY - August 20, 2002 The following people were present wishing to speak: Connie Messina, 12643 Oak Knoll Road, spoke in opposition. Sharon Spencer, 12750 Oak Knoll Road, expressed several concerns of the proposed project and traffic. Dick VanDerhesden, 1224 Greenfield Drive, El Cajon, spoke in support of the proposed project. Ken French, 4089 Falcon Street, San Diego, spoke in support of the proposed project. Motion by Councilmember Higginson, seconded by Councilmember Goldby, to close the public hearing and adopt Planning Resolution No. P-02-51, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Development Review (DR) 02- 14 Assessor's Parcel Numbers: 317-501-09 and 10." Motion carried 3-0 with Councilmember Rexford and Mayor Cafagna absent. ITEM 7 (401-30) APPROPRIATION OF FUNDS FIRE PREVENTION TRAILER Staff report by City Manager Bowersox. The City of Poway Safety Services Department submitted an application to the Federal Emergency Management Agency (FEMA) under the "Assistance to Firefighter's Grant Program" for the acquisition of a fire prevention trailer designed for fire and injury prevention and education. The grant request is for $58,488. The City is required to contribute ten percent, therefore, the City's matching share would be $5,848. Motion by Councilmember Goldby, seconded by Councilmember Higginson, to approve the appropriation. Motion carried 3-0 with Councilmember Rexford and Mayor Cafagna absent. ITEM 8 (704-10) STATUS REPORT ILLEGAL ENCAMPMENT ACTIVITIES Staff report by City Manager Bowersox. Staff provides the Council with quarterly reports on the status of illegal encampment activities within the City. This report represents information from the second quarter; covering April through June, 2002. Staff recommends the report be received and filed. No objection as filed. Councilmember Rexford and Mayor Cafagna absent. 7610 Page 7 - CITY OF POWAY - August 20, 2002 ITEM 9 (806-01) ADDITIONAL APPROPRIATIONS CAPITAL IMPROVEMENT PROGRAM REDEVELOPMENT PROJECT AREA Staff report by City Manager Bowersox. Staff is recommending the Council adopt resolutions approving additional appropriations for the Capital Improvement Program, approve one new CIP project for the replacement of Fire Suppression Facilities, finding the new project consistent with the City's General Plan, and determining the new project is of benefit to the Redevelopment Project Area. Motion by Councilmember Goldby, seconded by Councilmember Higginson, to adopt Planning Resolution No. P-02-52, entitled, "A Resolution of the City Council of the City of Poway, California Finding One New Capital Improvement Program Project for the Replacement of Fire Suppression Facilities is Consistent with the City's General Plan," and City Resolution Nos. 02-100, entitled, "A Resolution of the City Council of the City of Poway, California Approving a Revised Capital Improvement Program Budget for Fiscal Year 2002-2003," and 02-101, entitled, "A Resolution of the City Council of the City of Poway, California Determining that the Fire Suppression Facilities Improvement Project (#458) is of Benefit to the Paguay Redevelopment Project." Motion carried 3-0 with Councilmember Rexford and Mayor Cafagna absent. ITEM 10 (701-04) ORDINANCE HOUSE PARTY Staff report by City Manager Bowersox. As directed by Council on June 11,2002, staff has conducted preliminary research concerning a proposed House Party Ordinance in the City of Poway. The proposed Ordinance would make it a misdemeanor offense for any adult to allow minors to consume, or furnish minors with, alcoholic beverages or other controlled substances while at their residence or other property under the adult's control. It is believed that such an ordinance would help prevent teenage fatalities from occurring as a result of attending house parties. It is hoped that enacting a House Party Ordinance in Poway will also work to minimize future alcohol-related traffic accidents on local streets and roads. The report includes the Associated Press news story and Florida State Law prompting the Council's inquiry, a model Open House Assembly Ordinance developed by the University of Minnesota's Alcohol Epidemiology Program, relevant California law, and a proposed ordinance for Council consideration. The following people were present wishing to speak in support of the proposed ordinance: Dana Stevens, 12344 Oak Knoll Road, representing the North Inland Community Prevention Program. 7611 Page 8 - CITY OF POWAY - August 20, 2002 Patty Drieslein, 12344 Oak Knoll Road, representing the North Inland Community Prevention Program. Mona Ross, 12644 Cedar Tree Way Judi Strang, 4691 Cypress Glen, representing the Ninth District PTA Nadine Linares, 13025 Birch Lane Motion by Councilmember Goldby, seconded by Councilmember Higginson, to direct staff to schedule a public hearing and include a provision for cost recovery. Motion carried 3-0 with Councilmember Rexford and Mayor Cafagna absent. ITEM 11 (701-04) ORDINANCE RESPONSIBLE BEVERAGE SERVICE TRAINING Staff report by City Manager Bowersox. Per Council direction on May 21, 2002, staff has conducted preliminary research concerning a proposed Responsible Beverage Service (RBS) Training Ordinance. The proposed ordinance would make RBS Training mandatory for establishments selling alcoholic beverages for on-site consumption. It is believed that such an ordinance would help prevent alcohol consumption by minors as a result of inadequately trained employees of on-site establishments (i.e. restaurants and bars). It is hoped that enacting an RBS Training Ordinance in Poway will also work to minimize future alcohol-related traffic accidents on local streets and roads. The following people were present wishing to speak in support: Dana Stevens, 12344 Oak Knoll Road, representing the North Inland Community Prevention Program. Patty Drieslein, 12344 Oak Knoll Road, representing the North Inland Community Prevention Program. Mona Ross, 12644 Cedar Tree Way Motion by Councilmember Goldby, seconded by Councilmember Higginson, to direct staff to schedule a public hearing. Motion carried 3-0 with Councilmember Rexford and Mayor Cafagna absent. Deputy Mayor Emery called for a recess at 8:35 p.m. Deputy Mayor Emery reconvened the meeting at 8:43 p.m. with all members present except for Councilmember Rexford and Mayor Cafagna. 7612 Page 9 - CITY OF POWAY - August 20, 2002 ITEM 12 (1204-13) UPDATE INSPECTION PROCEDURES JURISDICTIONAL URBAN RUNOFF MANAGEMENT PROGRAM Staff report by City Manager Bowersox. On July 16, 2002, Council directed staff to prepare an update regarding the inspection procedure used for industrial and commercial facilities as part of the Jurisdictional Urban Runoff Management Program (JURMP). The JURMP is required by the Regional Water Quality Control Board permit issued by the State of California, and it requires the City to conduct field inspections and monitor certain types of businesses. The Council approved the JURMP on February 12, 2002, and it contains a detailed industrial and commercial component. Inspection fees were authorized by the Council on April 9, 2002, by Resolution No. 02-034. The consulting firm of D-Max Engineering is conducting the initial inspections of the commercial and industrial facilities during the first two years of the JURMP. Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to direct staff to bring back for additional review for equitability in cost recovery. Motion carried 3-0 with Councilmember Rexford and Mayor Cafagna absent. MAYOR AND CITY COUNCIL-INITIATED ITEMS 31A. Councilmember Goldby requested Council consideration of funding of a random drug-testing program of appropriate students at Poway High School. CITY COUNCIL ACTION: Requested the item be brought back on the September 17, 2002 Agenda for discussion by the full Council. Staff to schedule a discussion with School District staff at a future Joint Subcommittee Meeting. ADJOURNMENT Deputy Mayor Councilmember unanimously. Emery adjourned the meeting at 10:15 p.m. upon motion by Higginson, seconded by Councilmember Goldby. Motion carried Peoples, City Clerk City of Poway 7613