CC 2003 01-21CITY OF POWAY, CALIFORNA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JANUARY 2'1, 2003
The January 21, 2003, 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
Lori Anne Peoples
Warren Shafer
Robert Clark
Niall Fritz
Jim Howell
Deborah Johnson
Mark Sanchez
Linda Barnett
Patti Brindle
Brad Kutzner
Scott 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 Captain
City Planner
Assistant City Engineer
Sr. Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford 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:
Michael Covert, 15255 Innovation Drive, San Diego, introduced himself to those present
as the new CEO of Palomar Pomerado Health.
Russ Seibert, 14445 Ortez Place, expressed his views that curbside residential
recycling should include all metal products.
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CONSENT CALENDAR
Mayor Cafagna requested Item 11.1 be pulled for discussion. Motion by
Councilmember Goldby, seconded by Deputy Mayor Rex'ford, to approve the
remainder of the Consent Calendar as follows:
Ratification of Warrant Registers for the Periods of December 9-13, 2002 and
December 16-20, 2002. (401-10)
Approval of Minutes - City Council December 3, 2002 - Regular Meeting
December 5, 2002 - Canceled Adjourned Regular Meeting
December 10, 2002 - Regular Meeting
December 17, 2002 - Regular Meeting
December 24, 2002 - Canceled Regular Meeting
December 31, 2002 - Canceled Regular Meeting
Approval of Minutes - Poway Public Financing Authority
December 10, 2002 - Regular Meeting
7. Approval of City's Investment Report as of November 30, 2002.
(408-01)
Acceptance of Improvements and Release of Warranty Bond No. 17-62-25-A in
the amount of $214,684 for Rolling Hills Estates, TTM 88-04R(1); Debbie Young,
Shea Homes, Applicant. APNs 320-200-01 through 51 and 320-201-01 through
23. (203-01/602-01 #1177)
Acceptance of Improvements and Release of Warranty Bond No. 00-191-561-A
in the amount of $139,130 for Rolling Hills Estates, TTM 88-04R(2); Debbie
Young, Shea Homes, Applicant. APNs 320-210-01 through 20, 320-211-01
through 18, 320-212-01 through 19 and 320-213-01. (203-01/602-01 #1236)
10.
Approval of Release of Grading Bond No. 184-61-46 in the amount of $260,400
for Al Dust Properties, LLC: G-1342-01; Richard G. Lang, Applicant. APN 323-
481-03. (405-09)
11.
Approval of Appropriation of Funds in the amount of $4,550 for the Acquisition of
One Tax Defaulted Parcel on Poway Road ($4,000 plus $550 in processing
fees). APN 316-070-40. (1002-01)
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11.2
Adoption of Resolution No. 03-005, entitled, "A Resolution of the City Council of
the City of Poway, California Authorizing the Release and Substitution of Certain
Real Property With Respect to 1995 Refunding Certificates of Participation (1986
Capital Improvement Projects), Authorizing Execution and Acceptance of Library
Quitclaim Deed and Approving Forms of Lease Supplements Related Thereto
and to Pamel Modifications for the 1996 Certificates of Participation (Sheriff
Substation Project)." (405-01)
Motion carried unanimously.
ITEM 1 (1002-01 R)
RESOLUTION OF NECESSITY TO ACQUIRE
ALL OR PORTIONS OF PARCELS
EMINENT DOMAIN
APN 314-213-18, 19, 20 - STAITON AND BLUE SKY TRUST
APN 314-213-21 - VALIZAN
APN 314-213-33 - SOLOMON
APN 314-213-24 - JARO
APN 314-230-48, 47, 61 - PUERTOLLANO
APN 314-230-62 & 317-761-13 - RENSBERGER
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox.
Overview of the hearing process by City Attorney Eckis. Staff report by Development
Services Director Fritz. The Poway General Plan currently designates Community
Road as a secondary arterial. The proposed widening and drainage project is
consistent with the Poway General Plan. Appraisals were prepared and the City has
offered to purchase each property that was needed for the project at the appraised
value in November 2002. After extensive negotiations, the City and the owners have
been unable to conclude acquisition of the properties. This report authorizes the City
Attorney to initiate Eminent Domain proceedings to acquire all or part of the 11 parcels
owned by 6 property owners.
The following people were present wishing to speak in opposition:
Carlos and Myrna Jaro, 13892 York Avenue
Romulo Puertollano, 13868 York Avenue
Ilajean Meader, 11801 AIIbrook Drive
Motion by Councilmember Emery, seconded by Councilmember Higginson, to close the
public hearing, issue the Negative Declaration, adopt Resolution No. 03-006, entitled, "A
Resolution of the City Council of the City of Poway, California Finding and Determining
the Necessity that Certain Property be Acquired by the City Under Eminent Domain
Proceedings and Directing the City Attorney to Commence a Court Action for Said
Purpose." Motion carried unanimously.
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ITEM 2 (203-04)
VARIANCE 02-14
APPLICANT: MARK AND JANET BERDAN
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox.
Staff report by Development Services Director Fritz. This is a request for a Variance to
allow a 288-square-foot detached garage addition to an existing single-family residence
located at 16451 Orchard Bend to observe a 26-foot front yard setback when 40-feet is
required. APN: 275-082-04.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to close the
public hearing and adopt Planning Resolution No. P-03-04, entitled, '% Resolution of the
City Council of the City of Poway, California Approving Variance 02-14 Assessor's
Parcel Number 275-082-04." Motion carried unanimously.
ITEM 11.1 (1601-01)
AWARD OF BIDS
CITY OFFICE BUILDING PHASE 2/3
IRON HORSE GRADING, INC.
BROOKWOOD LANDSCAPE, INC.
PELTZER PLUMBING, INC.
ABDELLATIF ENTERPRISES, INC.
MURRAY CABINETS & FIXTURES, INC.
ROE JACK ROOFING, INC.
SCHULTZ CONTRACTING
TOWER GLASS, INC.
BRADY CO./SAN DIEGO, INC.
ISEC, INC.
ARTIMEX IRON COMPANY, INC.
DAVIS MECHANICAL SYSTEMS
ABLE HEATING & AIR CONDITIONING, INC.
GOULD ELECTRIC, INC.
Staff report by City Manager Bowersox. This proposal awards the contracts for the City
Office Building Phase 2/3 project to the lowest responsible bidders. The contract time
for this project is 548 calendar days. The total amount of the bid is $9,553,137. These
funds will be paid for by the 2002 Certificates of Participation previously approved by
the City and the Poway Public Financing Authority on December 10, 2002. The steel
contract for this project was previously awarded and the concrete portion will be re-bid.
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The bids were as follows:
Iron Horse Grading, Inc. for grading and paving, $670,700
Brookwood Landscape, Inc., for landscape and irrigation - $466,138
Peltzer Plumbing, Inc., for site utilities - $212,928
Abdellatif Enterprises, Inc., for rough carpentry - $250,000
Murray Cabinets & Fixtures, Inc., for finish carpentry - $533,632
Roejack Roofing, Inc., for roofing - $166,155
Schultz Contracting for sheet metal - $57,423
Tower Glass, Inc., for glass and glazing - $386,201
Brady Co./San Diego, Inc., for finishes and flooring - $2,921,000
ISEC, Inc., for specialties - $401,888
Artimex Iron Company, Inc., for miscellaneous metals - $60,000
Davis Mechanical Systems for plumbing - $184,450
Able Heating & Air Conditioning, Inc., for HVAC - $1,429,000
Gould Electric Inc., for electrical - $1,666,000
Motion by Councilmember Emery, seconded by Mayor Cafagna, to approve staff
recommendation and award the contracts. Motion carried unanimously.
CITY MANAGER ITEMS
12A. City Manager Bowersox provided Council with an update on the State Budget.
12B.
City Manager Bowersox stated that on Wednesday, January 15, 2003,
notification was received from the League of California Cities that the State
Assembly will be considering legislation to restore the VLF back to 1998
amounts, if passed by the Legislature, this action would make the VLF whole for
cities and counties. Furthermore, this action would prevent the VLF losses
Poway would experience under the budget reductions proposed by the Governor.
The League has asked all California cities and counties to adopt a resolution
supporting the Legislature's action to fully restore the VLF and backfill revenues
that are vital to funding local services to the community.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to
adopt Resolution No. 03-007, entitled, "A Resolution of the City Council of the
City of Poway, California, Urging the California Legislature to Reject the
Governor's Proposed Shift of Local Vehicle License Fee Revenues and to Honor
the 1998 Commitment to Restore the Vehicle License Fee." Motion carried
unanimously.
City Manager Bowersox also announced the first baby born in Poway in 2003
was a little girl born on January 10th at 7:51 a.m. weighing 6 pounds 11 ounces
named Lillian Monroe Jerard. To Gwendolyn Jared. She will be receiving a US
Savings Bond from the Mayor and the City Council.
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CITY ATTORNEY ITEMS
City Attorney Eckis requested a Closed Session:
Conference with Real Property Negotiator
Property: 13930 York Avenue, APN: 314-213-21
Negotiating Parties: Bill MacFarlane on behalf of the City of Poway
Ilajean Meader, Executrix of the Estate of Ilalea Valizan,
Owner
Under Negotiation: Price and Terms of Purchase
MAYOR AND CITY COUNCIL-INITIATED ITEMS
14.
Councilmember Emery requested staff investigate mountain bikers riding through
protected habitats and work to prevent harmful biking practices. He then
requested staff replace worn and aging City Iogos affixed to City vehicles.
18. Mayor Cafagna provided an update on Regional Governance.
(1503-46)
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:01 p.m., on motion by Councilmember
Higginson, seconded by Deputy Mayor Rexford, in memory of Poway citizen, Michael
Pouliot who was killed in Kuwait. Motion carried unanimously.
LoriJAnne Peoples, City Clerrk
City of Poway
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