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CC 2002 11-19CITY OF POWAY, CALIFORNA MINUTES OF THE CITY COUNCIL REGULAR MEETING NOVEMBER 19, 2002 The November 19, 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, Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Penny Riley Steve Eckis Sherrie Worrell Robert Clark Warren Shafer Niall Fritz Jim Howell Deborah Johnson Mark Sanchez Linda Barnett Patti Brindle Javid Siminou Danis Bechter David Narevsky Bob Krans Liz Dean City Manager Deputy City Manager City Attorney Deputy City Clerk Director of Community Services Director of Administrative Services Director of Development Services Director of Public Works Director of Redevelopment Services Director of Safety Services Sheriff's Captain City Planner City Engineer Engineering Inspection Supervisor /NPDES Coordinator Redevelopment Manager Fire Division Chief Management Assistant PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PRESENTATIONS Mayor Cafagna introduced Faith Ashford of the Trauma Intervention Program Volunteers, and recognized those volunteers that were present. PUBLIC ORAL COMMUNICATION Mayor Cafagna explained the procedure for Public Oral Communications. 7681 Page 2 - CITY OF POWAY - November 19, 2002 The following people were present wishing to speak: Richard Staiton, 13932 York Ave., expressed his views on the partial acquisition of 13932 York Avenue for the Community Road Phase II project. Dee Fleischman, 14428 Midland Road, expressed her views on the equestrian crossings on Tierra Bonita; the entrance to Community Park; and fees for political signs. CONSENT CALENDAR Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to approve the Consent Calendar as follows: Ratification of Warrant Register for the Period of October 21 - 25, 2002. (401-10) Approval of Minutes - City Council October 22, 2002 - Regular Meeting October 29, 2002 - Regular Meeting November 5, 2002 - Canceled Regular Meeting November 7, 2002 - Canceled Adjourned Regular Meeting 10. Approval of Appropriation of Funds in the amount of $2,400 for the Acquisition of Two Tax Defaulted Parcels, APNs: 314-201-38 York Avenue ($1,200); and 321- 040-35 Crocker Road ($650.00) including $550 in processing fees. (1002-01) 11. Status Report on the Domestic Violence Counseling Program. (1180-05) 12. Approval of contractual agreement with the City of San Marcos for use of their Regional Emergency Training Facility. 602-01 #1578) 13. Adoption of Planning Resolution No. P-02-70 - Rescinding Resolution Nos. P-00- 19 and P-00-88 pertaining to Tentative Parcel Map 99-04 (Whispering Oaks). APN: 273-100-04. (203-02) 14. Adoption of Resolution No. 02-117 - Adopting Through Incorporation by Reference the Fair Political Practice Commission's Standard Conflict of Interest Code 2 California Code of Regulations Section 18730 and Amending the List of Designated Positions and Rescinding Resolution No. 02-103; Resolution No. R- 02-14 - Adopting the Fair Political Practice Commission's Standard Conflict of Interest Code 2 California Code of Regulations Section 18730 and Amending the List of Designated Positions and Rescinding Resolution No. R-02-12; and Adopting Resolution No. 02-118 - Approving the Agency's Adoption of their Amended List of Designated Positions and Rescinding Resolution No. 02-104. (704-08) 7682 Page 3 - CITY OF POWAY - November 19, 2002 15. Adoption of Resolution No. P-02-71 Approving Hillside/Ridgeline Minor Development Review 02-71, Hector Salgado, Applicant. A request to construct a 3,456-square-foot residence and an attached 1,728~square-foot six-car garage located at the southeast corner of Eastvale Road and Canyon Pass. APN: 278- 240-21. (203-10) 16. Rejection of Claims (3) Against the City: 1) Josse Demierre; 2) Charles Schooler; and 3) Annette Warren. (704-13) 17. Acceptance of the Community Road Widening and Overlay Project from J.D. Paving, Inc. (602-01 #1525) 18. Acceptance of the 00-01 Overlay Project from J.D. Paving, Inc. (602-01 #1523) 19. Response to Public Oral Communications and Assessment of Trees at Haley Ranch Estates. (1601-10) 20. Approval of Assignment and Assumption of Lease for Redevelopment Agency properties to Crisis House, Inc. (602-01 #262R) 20.1 Adoption of Resolution No. 02-119 - Approving a Second Amendment to the Joint Exercise of Powers Agreement between the County of San Diego and the Cities of Del Mar, Escondido, Poway, San Diego, and Solana Beach Creating the San Dieguito River Valley Regional Open Space Park Joint Powers Authority. (1503-28) Motion carried unanimously. ITEM 1 (701-04/1504-15) ORDINANCE NO. 568/FIRST READING ANIMAL CONTROL Mayor Cafagna opened the public hearing and read the title of Ordinance No. 568, "An Ordinance of the City of Poway California, Repealing Ordinance 197 and Readopting Chapter 6.12 of the Poway Municipal Code Relating to Animal Control." Staff report by City Manager Bowersox. The City contracts for animal control enforcement with the County of San Diego. In order for the County Department of Animal Control to perform enforcement in Poway, the City's Animal Control Ordinance must be identical to that of the County of San Diego. The County has adopted revisions to the County Code relating to guard dog regulations to comply with a new state law. To comply with the County, the City must adopt the new County Ordinance and Chapters by reference. There was no one present wishing to speak. 7683 Page 4 - CITY OF POWAY- November 19, 2002 Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to waive further reading (unanimous vote), and continue the public hearing to December 3, 2002 for second reading and adoption. Motion carried unanimously. ITEM 2 (701-04) ORDINANCE NO. 569/FIRST READING STANDARD URBAN STORM WATER MITIGATION PLAN Mayor Cafagna opened the public hearing and read the title of Ordinance No. 569, "An Ordinance of the City of Poway California, Amending Title 16 of the Poway Municipal Code for Standard Urban Storm Water Mitigation Plan." Staff report by City Manager Bowersox. On February 21, 2001, the San Diego Regional Water Quality Control Board issued a revised National Pollutant Discharge Elimination System Permit to the County of San Diego, the San Diego Unified Port District, and the 18 incorporated cities within the County, including the City of Poway. One of the components of the JURMP requires the City to develop and implement a program to address urban runoff pollution issues in development planning for public and private projects. To address this requirement, the Permit holders collectively developed a Model Standard Urban Storm Water Mitigation Plan to address post-construction urban runoff pollution from certain new development and redevelopment projects. The purpose of this Ordinance is to incorporate, into Title 16, Division VI of the Poway Municipal Code, a Standard Urban Storm Water Mitigation Plan Ordinance consistent with the elements of the Model SUSMP. There was no one present wishing to speak. Motion by Councilmember Rexford, seconded by Councilmember Goldby, to waive further reading (unanimous vote), and continue the public hearing to December 3, 2002 for second reading and adoption. Motion carried unanimously. ITEM 3 (203-11 ) GENERAL PLAN AMENDMENT 02-02 CITY INITIATIED APPLICANT: CITY OF POWAY Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. The Natural Resources Element of the General Plan contains policies and strategies relating to natural resources conservation, including policies and strategies specifically regarding water resources, which are the subject of the proposed amendment. This General Plan Amendment is necessitated by the City's need to comply with State 7684 Page 5 - CITY OF POWAY- November 19, 2002 requirements contained in a revised National Pollutant Discharge Elimination System (NPDES) Permit issued to the County of San Diego, the San Diego Unified Port District, and the 18 incorporated cities within the County, including the City of Poway. Included in the Permit is the requirement that the City assess and update it's General Plan in areas concerning water quality. The proposed General Plan Amendment will supplement existing policies and strategies to be consistent with the Permit Mandates. There was no one present wishing to speak. Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to close the public hearing, and adopted Planning Resolution No. 02-120. Motion carried unanimously. ITEM 4 (203-21) SPECIFIC PLAN AMENDMENT 84-01 III SOUTH POWAY SPECIFIC PLAN LAND USE DESIGNATIONS SCRIPPS POWAY PARKWAY AND TECH CENTER DR. APN: 317-280-67 APPLICANT: CITY OF POWAY Staff report by City Manager Bowersox. This request is to amend the land use designations on a portion of approximately 31.49-acre parcel located on the southeast corner of Scripps Poway Park and Tech Center Drive. Approximately 5 acres of the subject parcel is currently designated South Poway Commercial. The proposed amendment would change the land use designation on the remaining 26.49 acres from Light Industrial to South Poway Commercial. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, adopting Resolution No. 02-121. Motion carried unanimously. ITEM 5 (1204-13) SURVEY OF NPDES COPERMITTEES INSPECTION FEES INI3iI.O, TRIAI AND C.~MMFRC..IAI FAC. II ITI[:S Staff report by City Manager Bowersox. The San Diego Regional water Quality Control Board issued the NPDES Permit Order No. 2001-01 CAS0108758 to San Diego County, the Port of San Diego, and the 18 cities on February 21, 2001. The Permit requires that certain industrial and commercial facilities be inventoried, inspected and monitored by each copermittee. To comply with the Permit, the Poway City Council 7685 Page 6 - CITY OF POWAY - November 19, 2002 adopted Resolution No. 02-013 approving its JURMP on February 12, 2002. Inspection fees were authorized by the City Council on April 9, 2002, by Resolution No. 02-034. On October 15, 2002, Council directed staff to survey the copermittees to determine whether they charge an inspection fee for industrial and commercial facilities listed in their JURMPs. The results of the survey indicated that: 1) all of the copermittees have an inspection program; 2) 11 copermittees hired staff or consultant to meet Permit responsibilities including inspections; 3) 5 copermittees, including Poway, have essentially completed their initial inspections; 4) the City of Poway is the only copermittee considering an inspection fee; and 5) the most common source of funding reported by copermittees is General Fund or a combination of General Fund and storm water fees. There was no one present wishing to speak. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, directing staff to set aside the fee structure that was previously established, absorb the costs into the present structure; take a look at how the City can implement the inspection fees and absorb them within the present budget. Motion carried unanimously. ITEM 6 (602-01 #1575) LEASE AGREEMENT JOSE AND TERESA MORENO SOUTHWEST CORNER ESPOLA ROAD AND OLD COACH ROAD APN: PORTION OF 275-791-17 Staff report by City Manager Bowersox. This is a request to lease this parcel from the City in order to clean-up, landscape and fence the property to be more compatible with their property. The Moreno's have secured a Covenant Regarding Encroachment Removal Agreement 2001-348 from the County Water Authority to accommodate their proposed landscaping and fence. The lease agreement is for a five-year period with three five-year extension options. The rent will be $300 per year. The easement document limits improvement activities to landscaping and precludes grading, the construction of any building or structure, and the parking or storage of vehicles. There was not one present wishing to speak. Motion by Deputy Mayor Emery, seconded by Mayor Cafagna, to approve the lease agreement and authorize the City Manager to execute the Agreement. Motion carried unanimously. 7686 Page 7 - CITY OF POWAY - November 19, 2002 ITEM 6.1 (602-01 #1164) PROPOSED AMENDMENT TO PROGRAMMING AGREEMENT POWAY CENTER FOR THE PERFORMING ARTS FOUNDATION Staff report by City Manager Bowersox. This is a request to approve an amendment to the two-year Programming Agreement with the Foundation that was originally approved by the Council on July 10, 2001. The Amendment Agreement will be in effect until June 30, 2003. The Foundation Board is committed to the development and implementation of strategies that will result in presenting programming that is more financially viable overall, beginning with the FY % season. Such strategies will include a new business and financial plan, evaluation of consultant options, staff levels and job descriptions, and a reduced number of shows with a focus on major productions. In order to keep the Foundation solvent, it is necessary for the City to: 1) pay off the line of credit by December 1, 2002 and forgive the Foundation of the obligation to repay the initial $100,000 with no further draws permitted during FY 02/03; 2) an immediately direct subsidy of $101,000, with any funds not allocated to FY 03 expenses returned to the City within two weeks after the close of FY 02/03 and up to $50,000 for the specific purpose of hiring both a professional performing arts theater consultant and independent accountant to lead the Foundation in its restructuring; 3) require the Foundation to provide detailed financial reports to the Community Services Department on a monthly basis that will include expenditures, revenues and projected cash flow; 4) require the Foundation to report to the City its specific plan for staffing, fundraising and program schedule adjustments; and 5) should the financial situation worsen, the City reserves the right to fully assume administrative duties of the Foundations' operations, including but not limited to staff, personnel allocation, performance schedule, and financial manager. The following people were present wishing to speak: Mary Karscig, 15923 El Camino Entrada, spoke in opposition. Betsy McCool, 14443 Maplewood, spoke in favor. Dorothea Hover-Kramer, 15373 Skyridge, spoke in opposition. Barbara Lerma, 12877 Carriage Road, spoke in favor. Peter MacKauf, 17005 Surrey Hills Ct., spoke in favor. Dale Tartakoff, 12610 Summerfield Lane, spoke in opposition. Marc Davis, 15956 S. Woodson Dr., Ramona, spoke in favor. Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to approve the amendment and authorize the City Manager to forgive and appropriate funds. Motion carried unanimously with Councilmembers Goldby and Rexford opposed to the hiring of two consultants. 7687 Page 8 - CITY OF POWAY - November 19, 2002 ITEM 15 (203-10) HILLSIDE/RIDGELINE MINOR DEVELOPMENT REVIEW 02-71 SOUTHEAST CORNER EASTVALE ROAD AND CANYON PASS APN: 278-240-21 APPLICANT: HECTOR SALGADO Mayor Cafagna announced that a member of the public had requested this item be pulled from the Consent Calendar, however it had not been removed prior to Council's action. City Attorney Eckis instructed the Council that the item could be re-opened to hear the speaker; however action has already been taken. Motion by Councilmember Higginson, seconded by Deputy Mayor Emery to re-open Item 15 for discussion. Motion carried unanimously. The following person was present wishing to speak: Dorothea Hover-Kramer, 15373 Skyridge, spoke in favor of the project. Motion by Deputy Mayor Emery, seconded by Councilmember Higginson to incorporated the recommendation noted in the Additional Materials Staff Report. Motion carried unanimously. CITY MANAGER ITEMS 21. City Manager Bowersox invited Council and the public to a Farewell Ceremony of the Old Poway Oak and the dedication of the Heritage Oak Grove on Saturday, November 23, 2002 at 9:00 a.m. CITY ATTORNEY ITEMS 22. City Attorney Eckis requested several Closed Sessions be held as follows: Ao Conference with Real Property Negotiator Government Code §54956.8 Property: 13932 York Avenue, APN: 314-213-20 and 314-213-19 Negotiating Parties: James L. Bowersox on behalf of the Poway Redevelopment Agency, Buyer Richard E. and Sally G. Staiton, Sellers Under Negotiation: Price and Terms of Purchase 7688 Page 9 - CITY OF POWAY- November 19, 2002 MAYOR AND CITY COUNCIL - INITIATED ITEMS 24. Councilmember Goldby requested staff look into establishing a "designated driver" program similar to that of the MADD program, for the City during the holidays; and to look into the proposed modifications that are being made at the library pertaining to a meeting room. 26. Councilmember Rexford requested staff look into the possibility of having the City logo designed into the flooring in the foyer of the new building. 27A. Deputy Mayor Emery stated the last two meetings of the Transition Team had been canceled; however the ad hoc committee would be meeting again on December 19, 2002. CLOSED SESSION Mayor Cafagna adjourned to Closed Session as requested by the City Attorney at 8:55 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 9:05 p.m. and adjourned the meeting at 9:06 p.m. on motion by Councilmember Goldby, seconded by Councilmember Higginson. Motion carried unanimously. Sherrie D. Worrell, Deputy City Clerk City of Poway 7689