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CC 2000 06-27CiTY OF POWAY, CALIFORNIA MINUTES OF THE cn'Y COUNCIL REGULAR MEETING JUNE 27, 2000 The June 27, 2000, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Deputy Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, Califomia. COUNCILMEMBERS PRESENT AT ROLL CALL Bob Emery, Jay Goldby, Betty Rexford, Don Higginson COUNCILMEMBERS ABSENT AT ROLL CALL Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Loft Anne Peoples Tamara Smith Warren Shafer Peter Moote Dennis Quillen Deborah Johnson Ma~ Sanchez John Tenwoide Javid Siminou Patti Brindle James Nessel Jim Lyon Pamela Wilczak Jennifer Johnson City Manager City Clerk Assistant City Attorney Director of Administrative Services Deputy Director of Administrative Services Assistant Director of Public Services Director of Redevelopment Services Director of Safety Services Sheriff's Captain City Engineer City Planner Senior Planner Assistant Planner II Housing Program Manager Management Analyst pLEDGE OF ALLEGIANCE Councilmember Goldby led the Pledge of Allegiance. Deputy Mayor Higginson presented a 15-Year Service Award to Lorraine Gessel, Administrative Secretary, and a 15-Year Service Award to Jim Nessel, Senior Planner. Councilmember Goldby presented Agnes McDonald of the Weingart Senior Center with a Certificate of Commendation. 6969 PUBLIC ORAL COMMUNICATIONS Deputy Mayor Higginson explained the procedure for Public Oral Communications. The following people were present wishing to speak: Kathy Keehan, 10611 Matinal Circle, San Diego, representing the San Diego Bicycle Coalition requested Council endorse SB 1629. Louis Tooch, 14105 Powers Road, requested the turn arrow at the corner of Pomerado and Poway Road be activated, traffic enforcement be initiated on the people entering and exiting the Chevron and Union 76 stations by crossing over the marked islands, and inquired as to whether Pomerado Road would be widened during future construction. Noel Johnson, 12224 Pepper Tree Lane in the Valencia Creek subdivision requested Council hold a hearing to revoke the conditional use permit of the Big Stone Lodge for excessive noise. CONSENT CALENDAR Motion by Councilmember Goldby, seconded by Councilmember Emery, to approve the Consent Calendar as follows: 14. Ratification of Warrant Register for the period of June 5-9, 2000. (401-10) 15. Approval of Minutes - City Council June 6, 2000 - Regular Meeting 17. Adoption of Resolution Nos. 00-053 and 00-054 (2 City) - Calling and Giving Notice of the Holding of and Requesting Consolidation by the County for the November 7, 2000 General Municipal Election. (702-02) 18. Adoption of Resolution No. 00-055 - Adopting an Appropriations Limit for Fiscal Year 2000-01 as required by Government Code Section 7910. (401-23) 19. Rejection of Claim for Damages: Damesha Holiday (704-13) 20. Approval of Appropriation of $16,000 and Sixth Amendment to an Agreement with Comprehensive Housing Services, Inc., for Administration of the Community Development Block Grant Housing Rehabilitation Program. (602-01 #1052) 697O Page 3 - CITY OF POWAY - June 27, 2000 21. Approval of Appropriation of $11,000 and Fourth Amendment to an Agreement with Construction Quality Assurance Group for Providing Inspection and Construction Management Services to the Community Development Block Grant Housing Rehabilitation Program. (602-01 #1147) 22. Approval of Extension of Contract with North County Lifeline for Affordable Housing Assistance and Referral Program. (602-01 #145) 23. Award of Bid for Dead Animal Removal to D & D Disposal, Inc., in the amount of $30,000 annually for two years. (602-01 #1414) 24. Approval of Appropriation of $20,000 and Second Amendment to an Agreement with the County of San Diego for the Provision of Animal Control Services. (602-01 #90) 24.1 Adoption of Resolution No. 00-056 - Commending Eagle Scout Blake Nelson. (701-17) 24.2 Approval of Agreement with The Wilson Group, LLC for Legislative Advocate (Lobbying) Services on behalf of the City of Poway and Redevelopment Agency. (602-01 #983/#199R) Motion carried 4-0 with Mayor Cafagna absent. ITEM 1 (701-04) ORDINANCE 526 - SECOND READING 1996/1997 EDITIONS OF BUILDING CODES Deputy Mayor Higginson opened the public hearing and read the title of Ordinance No. 526, ""An Ordinance of the City of Poway, California Rescinding Chapters 15.02, 15.04, 15.08, 15.12, 15.16, and 8.52, Article II of the Poway Municipal Code and Adopting New Chapters 15.02, 15.04, 15.08, 15.12, 15.16 and 8.52, Article II Regarding the Uniform Administrative Code, 1997 Edition; Uniform Building Code, 1997 Edition; National Electrical Code, 1996 Edition; Uniform Plumbing Code, 1997 Edition; Uniform Mechanical Code, 1997 Edition; and Swimming Pool Fencing Regulations." Staff report by City Manager Bowersox. This is the second reading for the ordinance updating of the most recent codes available through the various code organizations, and it is recommended these be approved as has been done in the past. There was no one present wishing to speak. 6971 Page 4 - CITY OF POWAY - June 27, 2000 Motion by Councilmember Emery, seconded by Councilmember Goldby, to close the public hearing and adopt Ordinance No. 526. Motion carried 4-0 with Mayor Cafagna absent on a roll call vote. ITEM 2 (1102-01 R) ACQUISITION OF PROPERTY 13021 AND 13023 POWAY ROAD OWNERS: WILLIAM AND NANCY SCHNEIDER Deputy Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request for authorization and appropriation to acquire a parcel located at 13021 and 13023 Poway Road. This item was originally heard on June 13, 2000 and continued to this evening's meeting to allow for continuing discussions between the property owners and staff. It has again been mutually agreed to continue this item until the August 1,2000 meeting to allow for continued discussions. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Goldby, to continue the item to August 1,2000. Motion carried 4-0 with Mayor Cafagna absent. ITEM 3 (203-04) BUDGET REVISIONS FISCAL YEAR 1999-00 AND 2000-01 Deputy Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. As in prior years, there are a few end-of-the-fiscal-year adjustments which are necessary. Staff is now projecting that fiscal year 1999-00 will close with a General Fund surplus of $889,088. The largest portion of this change is due to the continued increase in retail activity. Revenue from sales tax is increased by 19.18% over the original projection. The General Fund expenditure level increased from an approved budget of $20,403,061 to $21,103,362. The largest components of this increase include the reorganization of the Development Services Department, increased landscape maintenance costs for increased parkland, and facilities equipment for Safety Services. The Financial Program for fiscal year FY 2000-01 will increase from the approved total of $43,158,750 to $45,333,695 for the City. Staff recommends adoption ofthe Resolutions approving the amendments. There was no one present wishing to speak. 6972 Page 5 - CITY OF POWAY - June 27, 2000 Motion by Councilmember Goldby, seconded by Councilmember Emery, to close the public hearing and adopt Resolution Nos. 00-057, entitled, "A Resolution of the City Council of the City of Poway, Califomia, Approving Budget Amendments for Fiscal Year 1999-2000 and 2000-2001 ," Resolution No. 00-058, entitled, "A Resolution of the City Council of the City of Poway, Califomia Determining that the Meadowbrook Upper Field Improvement Project (~5647A) is of Benefit to the Paguay Redevelopment Project," and Resolution No. 00-059, entitled, "A Resolution of the City Council of the City of Poway, California Determining that the Community Park Telephone System Project (#5536A) is of Benefit to the Paguay Redevelopment Project." Motion carried 4-0 with Mayor Cafagna absent. ITEM 4 (602-01 #298R) NEGATIVE DECLARATION DISPOSITION AND DEVELOPMENT AGREEMENT BREIHAN HOUSING ASSOCIATES COMMUNITY HOUSING OF NORTH COUNTY Deputy Mayor Higginson opened the public heating. Staff report by City Manager Bowersox. This item is a joint public hearing with the City to consider a Negative Declaration and Disposition and Development Agreement By and Between the Poway Redevelopment Agency, Breihan Housing Associates and Community Housing of North County for the construction and operation of an affordable housing development for Iow and moderate income families. The subject property is approximately 32.72 acres located on the east side of Community Road, south of Civic Center Drive. The following person was present wishing to speak: Louis Tooch, 14105 Powers Road, made inquiry as to the terms of the agreement. City Manager Bowersox and Redevelopment Services Director Johnson responded to questions from the public and Council. Motion by Councilmember Goldby, seconded by Councilmember Emery, to close the public headng and adopt Resolution No. 00-060 entitled, "A Resolution of the City Council of the City of Poway, Califomia Making Certain Requisite Findings Regarding the Proposed Disposition and Development Agreement By and Between the Poway Redevelopment Agency, Breihan Housing Associates, and Community Housing of North County." Motion carried 4-0 with Mayor Cafagna absent. 6973 Page 6 - CiTY OF POWAY - June 27, 2000 ITEM 5 (806-01) POMERADO ROAD IMPROVEMENT PROJECT Deputy Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request for the issuance of a Negative Declaration, indicating no significant adverse environmental effects, from the Pomemdo Road Improvement Project. The City Capital Improvement Project proposes pavement rehabilitation, mad widening, installation of new concrete curb, gutter and sidewalk, replacement of storm drain pipes and the construction of a sound wall along sections of Pomerado Road between Ted Williams Parkway and Meadowbmok Lane. The following people were present wishing to speak: Louis Tooch, 14105 Powers Road, made inquiry regarding the traffic study. Dave Cave, 325 Fire Mtn. Place, Escondido, spoke in opposition to the project. Judy Hope, 13816 Pomerado Road, spoke in support of the project. Lucille Dalbey, 14155 Halper Road, spoke in opposition to the project. City Engineer Siminou and City Manager Bowersox responded to questions from the public and Council. Motion by Councilmember Emery, seconded by Deputy Mayor Higginson, to close the public hearing and issue a Negative Declaration. Motion carried 4-0 with Mayor Cafagna absent. ITEM 6 (1002-06) VACATION OF ALLEY APPLICANT: PACIFIC BELL Deputy Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The City Council declared the intention to vacate a public alley adjacent to Lots 21, 22 and 23 in Block 16 of Piermont on June 6, 2000, in order to accommodate the expansion of Pacific Bell's switching facility on Lot 23. Adoption of the proposed resolution would finalize this action. The following people were present wishing to speak: Jacqueline Hart, 14015 Sycamore Avenue, spoke in opposition. 6974 Page 7 - CITY OF POWAY - June 27, 2000 Carole Cue, 14026 Sycamore Avenue, spoke in opposition. Kevin McNamara, 12919 Corte Juana, spoke in support. Steve Slater, 6158 Kenwater Avenue, San Diego, representing Pacific Bell and Barbara Nimesgem, responded to questions of the Council. Motion by Councilmember Emery, seconded by Councilmember Goldby, to continue the public hearing to July 18, 2000 to allow time for Pacific Bell and staff to meet with all affected neighbors to discuss the project. Motion carried 4-0 with Mayor Cafagna absent. ITEM 7 (705-07) SETTING ASSESSMENTS FOR FY 2000-2001 LANDSCAPE MAINTENANCE DISTRICT 83-1 ITEM 8 (705-09) SE'rTING ASSESSMENTS FOR FY 2000-2001 LANDSCAPE MAINTENANCE DISTRICT 86-1 ITEM 9 (705-11) SETTING ASSESSMENTS FOR FY 2000-2001 LANDSCAPE MAINTENANCE DISTRICT 86-2 ITEM 10 (705-12) SETTING ASSESSMENTS FOR FY 2000-2001 LANDSCAPE MAINTENANCE DISTRICT 86-3 ITEM 11 (705-14) SETTING ASSESSMENTS FOR FY 2000-2001 LANDSCAPE MAINTENANCE DISTRICT 87-1 ITEM 12 (705-10) SETTING ASSESSMENTS FOR FY 2000-2001 LIGHTING DISTRICT Deputy Mayor Higginson opened the public hearings. Staff report by City Manager Bowersox. These hearings were set to allow for public input on landscape maintenance districts and lighting distdct assessments to be collected on the San Diego County Tax Roll for Fiscal Year 2000-2001. There are no increases proposed in the assessments. There was no one present wishing to speak. 6975 Page 8 - CITY OF POWAY - June 27, 2000 Motion by Councilmember Goldby, seconded by Councilmember Emery, to close the public hearing and adopt the following Resolutions: Resolution No. 00-061 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 Roll for Fiscal Year 2000/2001 ." Resolution No. 00-062 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 Roll for Fiscal Year 2000/2001 ." Resolution No. 00-063 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 Roll for Fiscal Year 2000/2001 ." Resolution No. 00-064 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 Roll for Fiscal Year 2000/2001 ." Resolution No. 00-065 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 Roll for Fiscal Year 2000-2001 ." Resolution No. 00-066 entitled, "A Resolution of the City Council of the City of Poway, Califomia Establishing Assessments for the Poway Lighting District to be Collected on the Property Tax Roll for Fiscal Year 2000/2001." Motion carried 4-0 with Mayor Cafagna absent. ITEM 13 (401-30) AUTHORIZE USE OF GRANT FUNDS STATE DEPARTMENT OF FISH & GAME REGIONAL WILDLIFE CORRIDOR MONITORING PROJECT Staff report by City Manager Bowersox. In October 1999, staff applied for a $75,000 local assistance grant under the California Department of Fish and Game's (CDFG) program budget for urgent implementation tasks. The requested funds will be used to implement the proposed Regional Wildlife Corddor Monitoring Project, which is consistent with the requirements of the Poway Subarea Habitat Conservation Plan. The project is a joint effort of the cities of Poway and San Diego. In February 2000 CDFG approved the grant 6976 Page 9 - CITY OF POWAY - June 27, 2000 application and subsequently a standard contract agreement was executed by CDFG and the City Manager. In order to disburse the grant funds, an "authorizing resolution" must be adopted by Council confirming approval of the project and acceptance of grant funds. Motion by Councilmember Goldby, seconded by Councilmember Emery, to adopt Planning Resolution No. P-00-48 entitled, "A Resolution of the City Council of the City of Poway, Califomia Approving the Proposed Regional Wildlife Corridor Monitoring Project and Authorizing the Acceptance of Grant Funds Through the California Department of Fish and Game NCCP Program for the Implementation of the Proposed Project." Motion carried 4-0 with Mayor Cafagna absent. ITEM 13.1 (203-10) APPEAL OF CONDITIONS MINOR DEVELOPMENT REVIEW 00-08 APPLICANT: STEVEN STONE Staff report by City Manager Bowersox. This is a request to waive the requirement of the conditions of approval pertaining to Mitigation of Diegan Coastal Sage Scrub, Sewer Line Charge, and Tannin Drive Road Improvements. A request has been made to continue this hearing item to July 11,2000, in order to allow the applicant sufficient time to assess the probable costs involved in the construction of the required public improvements. There was no one present wishing to speak. Motion by Councilmernber Goldby, seconded by Councilmember Emery, to continue the item to July 11, 2000. Motion carried 4-0 with Mayor Cafagna absent. CITY ATTORNEY ITEMS 26A. Assistant City Attorney Smith requested a Closed Session with Labor Negotiators per Government Code Section §54957.6, City Negotiator: James L. Bowersox, City Manager, Employee Organization Negotiator: Non Safety Employees Teamsters Local 911 26B. Assistant City Attorney Smith requested a Closed Session with Labor Negotiators per Government Code Section §54957.6, City Negotiator: James L. Bowersox, City Manager, Employee Organization Negotiator: Poway Fireflghters Association 6977 Page 10 - CITY OF POWAY - June 27, 2000 26C. Assistant City Attorney Smith requested a Closed Session with Labor Negotiators per Govemment Code Section §54957.6, City Negotiator: James L. Bowersox, City Manager, Employee Organization Negotiator: ManagementJConfidential Group MAYOR AND CITY COUNCIL-INITIATED ITEMS 27. Councilmember Emery requested Council revisit the application of sidewalks in the business park in an effort to increase future transit use. 28. Councilmember Goldby requested the Budget Review Committee, on future budgets, be included in the mid-year budget adjustment process: thanked staff for the bi-weekly reports on water usage by Maderas; advised Council that staff would be bringing a report for consideration of sending a couple of the Teen Issues members to a one day session at the League of California Cities Conference in Anaheim; praised Councilmember Rexford for her initiation of the visit of the Director of State Housing and Community Development to tour the Poway affordable housing sites. 30. Councilmember Rexford commended North County Times Reporter, Andrea Moss for recently receiving the award for "Outstanding Journalist Coverage" by the Non-Profit Federation for Housing and Community Development. The City of Poway was also honored by the Federation in the category of "Outstanding Local Government Reporting". 30A. Councilmember Rexford then provided Council with a recap of her June 23, 2000 meeting with Julie Bomstein, Director of State Housing and Community Development, and tour of Poway Affordable Housing Sites. Deputy Mayor Higginson adjourned the meeting at 8:47 p.m. to closed session as requested by the Assistant City Attorney. 6978 Page 11 - CITY OF POWAY - June 27, 2000 CALL TO ORDER AND ADJOURNMENT Deputy Mayor Higginson called the meeting back to order at 9:29 p.m, with all Councilmembers present except Mayor Cafagna. Deputy Mayor Higginson adjourned the meeting at 9:30 p.m. on motion by Councilmember Goldby, seconded by Director Emery. Anne Peoples,-~Cl~- of Poway 6979