CC 2003 06-24CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JUNE 24, 2003
The June 24, 2003, Regular Meeting of the City Council of the City of Poway,
was called to order at 7:00 p.m., by Deputy Mayor Rexford, at the Poway Community
Library- Meeting Room, 13137 Poway Road, Poway, California.
COUNCILMEMBERS PRESENT
Bob Emery, Jay Goldby, Don Higginson, Betty Rexford
COUNCILMEMBERS ABSENT
Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Steve Eckis
Lori Anne Peoples
Warren Shafer
Peter Moote
Robert Clark
Niall Fritz
Jim Howell
Deborah Johnson
Mark Sanchez
Linda Barnett
Patti Brindle
Paolo Romero
City Manager
Deputy City Manager
City Attorney
City Clerk
Director of Administrative Services
Deputy 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
Intern - City Manager's Office
PLEDGE OF ALLEGIANCE
C
~er Goldby led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Deputy Mayor Rexford explained the procedure for Public Oral C
:ions.
The following people were present wishing to speak:
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Joe St. Lucas, 13033 Earlgate Court, expressed :h amplified
from the Creekside Amphitheater, which he understood was not a permitted use.
Marge Knothe, 13724 Sagewood Drive, spoke regarding an altered floodway which · ~] problems on her property and requested from the City.
Roy Habibi of Imperial Beach, owner of property at 12818 Golden Way, requested
Council :h the road to his property.
CONSENT CALENDAR
A member of the public requested Item 21 be pulled from the Consent Calendar for
d' Motion by C 3er Goldby, seconded by C 3er Emery,
to approve the remainder of the Consent Calendar as follows:
16. Ratification of Warrant Registers for the Period of May 26-30, 2003. (401-10)
17.
Approval of Minutes - City Council
June 3, 2003 - Regular Meeting
June 5, 2003 - Adjourned Regular Meeting
19.
Adoption of Resolution No. 03-049 entitled, "A Resolution of the City Council of
the City of Poway, California, Adopting an Appropriations Limit for Fiscal Year
Ending June 30, 2004." (401-23)
20. Acceptance of Twin Peaks Wood Fencing Project from & Poway
Fence Company. (602-01 #1600)
22.
Approval of Fifth Amended Unified San Diego County Emergency Services
Joint Powers Agreement. (602-01 #89)
23.
Approval of Standard Agreement for Renewal of Contract for Fire Inspector
S Ih Michael Chillinsky and Dale Partusch. (602-01 #1197 and #1459)
24.
Award of Bid for Tannin Drive Widening and Additional Parking Project (#1289)
to Scheidel Contracting and Engineering in the amount of $187,405.15·
(602-01 #1620)
25.
Authorization to Extend the Term and Amend the Agreement (Fifth and Sixth
Amendments) Between the City of Poway and County of San Diego for Animal
Control Services from FY 2003-04 through 2007-08. (602-01 #90)
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26.
Acceptance of the Poway Center for the Performing Arts Stage Lighting and
Exterior Lighting (Project 1617A and 1603A) from Neal Electric Co.
(602-01 #1546)
27.
Acceptance of the Playground Renovation Projects for: Starridge Park, Lake
Poway Park, and Sycamore Creek Park from Harbor Bay. (602-01 #1580)
28.
Acceptance of the Community Park Adventure Playground Project from CLS
Landscape Management. (602-01 #1579)
29.
Approval of a Consultant Agreement between the City of Poway and
Kleinfelder, Inc. for Materials Testing and Inspection Services for the
Community Road Widening Project - Phase 2, from June 24, 2003 through
June 24, 2004. (602-01 #1621)
30.
Approval of a Funding Request from Special Friends Foundation for a Group
Home for the Developmentally Disabled. Adoption of Resolution No. 03-059,
entitled, "A Resolution of the City Council of the City of Poway, California
Finding that the Expenditure of Redevelopment Agency Housing Funds for
Affordable, Special-Needs Housing Located Outside the Project Area Benefits
the Redevelopment Project," and Redevelopment Agency Resolution No. R-03-
07, entitled, "A Resolution of the Poway Redevelopment Agency Appropriating
Funds and finding that the Expenditure of Redevelopment Agency Housing
Funds for Affordable, Special-Needs Housing Located outside the Project Area
Benefits the Redevelopment Project." (602-01 #347R)
31.
Acceptance of the Poway Community Swim Center Locker Room Flooring
(Project #1621)from Vista Construction Company. (602-01 #1582)
31.1
Approval of an Agreement with The Wilson Group, LLC for Legislative
Advocate (Lobbying) Services on behalf of the City of Poway and the Poway
Redevelopment Agency. (602-01 #983 & #199R)
31.2
Adoption of Resolution No. 03-050 - Supporting SB 117, Appropriating $200
Million to Support the Quantification Settlement Agreement (QSA), and
Supporting SB 317, Providing Limited Relief from the California Fully Protected
Species Act for the QSA. (701-11 )
;I 4-0 with Mayor Cafagna absent.
ITEM 1 (701-04 #580)
ORDINANCE NO. 580/SECOND READING
AMENDING POWAY MUNICIPAL CODE TO
ALLOW OUTDOOR FOOD PREPARATION
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Deputy Mayor Rexford opened the public hearing and read the title of Ordinance No.
580, "An Ordinance of the City of Poway, California, Amending Sections 17.10.140
and 17.26.030 of the Poway Municipal Code to Allow Outdoor Food Preparation (City-
Initiated) (Zoning Ordinance Amendment 03-03)." This Ordinance was given first
reading on June 10, 2003, Item #4.
Th
present wishing to speak.
Motion by C 3er Goldby, seconded by C ~)er Emery, to close the
public hearing, waive further reading ( vote) and adopt Ordinance No. 580.
M ' :14-0 on a roll call vote with Mayor Cafagna absent.
ITEM 2 (701-04 #581/203-21 )
ORDINANCE NO. 581/SECOND READING
SPECIFIC PLAN AMENDMENT 84-01LLL
SOUTH POWAY SPECIFIC PLAN USE MATRIX
CONDITIONAL USE PERMIT
RECREATIONAL VEHICLE, MOTORCYCLE,
OFF-ROAD VEHICLE, WATERCRAFT SALES
ANCILLARY SERVICE
Deputy Mayor Rexford opened the public hearing and read the title of Ordinance No.
581, "An Ordinance of the City of Poway, California, Approving Specific Plan
Amendment (SPA 84-01LLL) to the South Poway Specific Plan to Revise the Use
Matrix of the South Poway C and Light Industrial Zones to Allow, with a
Conditional Use Permit, Recreation Vehicle, Motorcycle, Off-Road Vehicle, and
Watercraft Sales and Ancillary Service." This Ordinance was given first reading on
June 10, 2003, Item #5.
Th
present wishing to speak.
Motion by C 3er Higginson, seconded by C 3er Emery, to close
the public hearing, waive further reading ( vote) and adopt Ordinance No.
581. tv1 · -i 4-0 on a roll call vote with Mayor Cafagna absent.
Deputy Mayor Rexford requested Item 15 be heard at this time.
ITEM 15 (602-01 #1619)
PROPOSED AGREEMENT
FISCAL YEARS 2003-2004 AND 2004-2005
POWAY CENTER FOR PERFORMING ARTS FOUNDATION
Staff report by City Manager Bowersox. The City is being asked to approve the two-
year Programming Agreement with the private non-profit Poway Center for the
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Performing Arts Foundation. Once approved the amended Programming Agreement
will be in effect until June 30, 2005. Approval of the agreement requires an
appropriation of $191,000 for each of the two fiscal years, FY 03/04 and FY 04/05,
which ' I with the City's Proposed Financial Plan.
Mare Davis, President of the Poway Center for the Performing Arts Foundation Board
of Directors, thanked Council for their support of the PCPA and made a brief verbal
presentation providing an overview of the Board's actions taken to develop a new
business and financial plan, 3 the organization and staffing levels and
reduction in the number of shows with a focus on major productions, including
accomplishments. He then introduced the recently hired Executive Director, Mr. Harry
Korn, who thanked Council for their support of the PCPA.
Motion by C 3er Goldby, seconded by C 3er Emery, to approve
the agreement and appropriation of funds. Motion carried 4-0 with Mayor Cafagna
absent.
ITEM 3 (205-02)
FISCAL YEARS 2003-2004 & 2004-2005
COMPREHENSIVE FINANCIAL PLAN
Deputy Mayor Rexford opened the public hearing. This is the proposed Fiscal Year
2003-2004 and Fiscal Year 2004-2005 Comprehensive Financial Plan and 5-Year
Fiscal Forecast for the General Fund. Public hearings were held on June 10, 2003
and June 17, 2003.
Th
present wishing to speak.
Motion by C 3er Emery, seconded by C her Goldby, to close the
public hearing and adopt Resolution Nos. 03-051, entitled, "A Resolution of the City
Council of the City of Poway, California, ,Approving and Adopting the Annual Budget
for the Fiscal Years 2003-2004 and 2004-2005 and ,Appropriating the Funds
Necessary to Meet the Expenditure Set Forth Therein," and 03-052, entitled, "A
Resolution of the City Council of the City of Poway, California, Approving Year-End
Budget Amendments for Fiscal Year 2002-2003." Motion carried 4-0 with Mayor
Cafagna absent.
ITEM 3.1 (203-02)
OLD COACH RANCH ESTATES
TENTATIVE PARCEL MAP 02-03
APPLICANT: SHAW CHENG
Deputy Mayor Rexford opened the public hearing. This is a request for approval of a
Tentative Parcel Map to subdivide a 167-acre site into four lots located in the
northwest section of the City of Poway with access from Olympic Point and Augusta
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Court in the Heritage II Development. APNs: 277-011-06, 276-070-16 and 276-071-
12. This il linued from the Council Meetings of June 10, 2003, Item #7 and
June 17, 2003, Item #2.1 and staff is requesting the item be continued again to the
Council meeting of July 29, 2003.
present wishing to speak.
Motion by C 3er Goldby, seconded by C '3er Emery, to continue
the public hearing to July 29, 2003. IV ~ 4-0 with Mayor Cafagna absent.
ITEM 4 (701-04 #582)
ORDINANCE NO. 582/FIRST READING
POWAY MUNICIPAL CODE 8.09
RESPONSIBLE BEVERAGE SERVICE
Deputy Mayor Rex'ford opened the public hearing and read the title of Ordinance No.
582, "An Ordinance of the City of Poway, California, Repealing Ordinance No. 565
and Adopting Poway Municipal Code Chapter 8.09 Entitled Responsible Beverage
Service." Staff report by City Manager Bowersox. On October 29, 2002, the Poway
city Council adopted Chapter 8.09 of the Poway Municipal Code pertaining to
Responsible Beverage Service (RBS). This Ordinance requires mandatory RBS
training for every manager and employee of a bar selling alcoholic beverages for on-
site consumption. Following a review and analysis of the Ordinance, the Council
directed staff to amend the RBS Ordinance to include all on-sale establishments in
Poway.
The following person was present wishing to speak: Dana Stevens, 12344 Oak Knoll
Road, representing North Island Prevention Program, spoke in support and
commended Council for taking such positive leadership action.
Motion by C 3er Goldby, seconded by C 3er Emery, to waive
further reading ( vote) and continue the public hearing to July 8, 2003 for
second reading and adoption of Ordinance. Motion carried 4-0 with Mayor Cafagna
absent.
City Manager B
:led Items No. 5 & 6 be'heard at the same time.
ITEM 5 (701-04 #583)
ORDINANCE NO. 583/FIRST READING
AMENDING CHAPTER 13.03.010
ESTABLISHING SEWER RATES
SCHEDULE OF SEWER SEVICE CHARGES
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ITEM 6 (701-04 #584)
ORDINANCE NO. 584/FIRST READING
AMENDING CHAPTER 13.11.010
ESTABLISHING WATER RATES
SCHEDULE OF WATER SERVICE CHARGES
Deputy Mayor Rexford opened the public hearings and read the titles of the
Ordinances. "Ordinance No. 583, An Ordinance of the City of Poway, California,
Amending Chapter 13.03.010 of the Poway Municipal Code, Schedule of Sewer
Service Charges, and Establishing Sewer Rates," and "Ordinance No. 584, An
Ordinance of the City of Poway, California, Amending Chapter 13.11.010 of the Poway
Municipal Code, Schedule of Water Service Charges, and Establishing Water Rates."
Introduction by City Manager Bowersox. The City adopts sewer charges on a fiscal
year basis and is :ling that adjustments be made to the single-family,
bimonthly sewer rates ranging from $2.48 to $5.48, and non-residential/multifamily,
bimonthly rates ranging from $1.77 to $61.59 with no adjustment to the sewer
pumping charge. Water charges are adopted on a calendar year basis and it is
:led that an increase of 3.5% for water commodity charges with no
adjustment to water service charges or updated water pumping charges for calendar
year 2004 be adopted.
Administrative Services Director Shafer provided a brief Power Point presentation and
responded to q : the Council and public.
Dee Fleischman, 14428 Midland Road, inquired as to the basis of the rate tiers.
Motion by C 3er Goldby, seconded by C 3er Emery, to waive
further reading ( vote) and continue the public hearings to July 8, 2003 for
second reading and adoption of Ordinance Nos. 583 and 584. Motion carried 4-0 with
Mayor Cafagna absent.
Deputy Mayor Rexford requested Item Nos. 7-12 be heard together.
ITEM 7 (705-07)
SETTING ASSESSMENTS FOR FISCAL YEAR 2003-2004
LANDSCAPE MAINTENANCE DISTRICT 83-1
ITEM 8 (705-09)
SETTING ASSESSMENTS FOR FISCAL YEAR 2003-2004
LANDSCAPE MAINTENANCE DISTRICT 86-1
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ITEM 9 (705-11)
SETTING ASSESSMENTS FOR FISCAL YEAR 2003-2004
LANDSCAPE MAINTENANCE DISTRICT 86-2
ITEM 10 (705-12)
SETTING ASSESSMENTS FOR FISCAL YEAR 2003-2004
LANDSCAPE MAINTENANCE DISTRICT 86-3
ITEM 11 (705-14)
SETTING ASSESSMENTS FOR FISCAL YEAR 2003-2004
LANDSCAPE MAINTENANCE DISTRICT 87-1
ITEM 12 (705-10)
SETTING ASSESSMENTS FOR FISCAL YEAR 2003-2004
POWAY LIGHTING DISTRICT
Deputy Mayor Rexford opened the public hearings for Landscape M
Districts 83-1, 86-1, 86-2, 86-3, 87-1 and Poway Lighting District Zones A, B and C.
She stated that the public hearings were to allow for public input for to
be collected on the San Diego County Tax Roll for Fiscal Year 2003-2004. No
being :led.
Th
present wishing to speak.
Motion by C 3er Emery, seconded by C 3er Goldby, to close the
public hearing and adopt Resolution No. 03-053, entitled, "A Resolution of the City
Council of the City of Poway, California Establishing ,~ for Landscape
Maintenance District 83-1 to be Collected on the Property Tax Roll for Fiscal Year
2003/2004." M ' J 4-0 with Mayor Cafagna absent.
Motion by C 3er Emery, seconded by C ~)er Goldby, to close the
public hearing and adopt Resolution No. 03-054, entitled, "A Resolution of the City
Council of the City of Poway, California Establishing /~ for Landscape
Maintenance District 86-1 to be Collected on the Property Tax Roll for Fiscal Year
2003/2004." IV ' :1 4-0 with Mayor Cafagna absent.
Motion by C 3er Emery, seconded by C ~er Goldby, to close the
public hearing and adopt Resolution No. 03-055, entitled, "A Resolution of the City
Council of the City of Poway, California Establishing ,~ for Landscape
M District 86-2 to be Collected on the Property Tax Roll for Fiscal Year
2003/2004." IV · -I 4-0 with Mayor Cafagna absent.
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Motion by C 3er Emery, seconded by C 3er Goldby, to close the
public hearing and adopt Resolution No. 03-056, entitled, "A Resolution of the City
Council of the City of Poway, California Establishing ,~ for Landscape
Maintenance District 86-3 to be Collected on the Property Tax Roll for Fiscal Year
2003/2004." M :1 4-0 with Mayor Cafagna absent.
Motion by C 3er Emery, seconded by C ~)er Goldby, to close the
public hearing and adopt Resolution No. 03-057, entitled, "A Resolution of the City
Council of the City of Poway, California Establishing A for Landscape
Maintenance District 87-1 to be Collected on the Property Tax Roll for Fiscal Year
2003/2004." M :1 4-0 with Mayor Cafagna absent.
Motion by C ~)er Emery, seconded by C ~)er Goldby, to close the
public hearing and adopt Resolution No. 03-058, entitled, "A Resolution of the City
Council of the City of Poway, California Establishing ,~ Is for the Poway
Lighting District to be Collected on the Property Tax Roll for Fiscal Year 2003/2004."
Motion carried 4-0 with Mayor Cafagna absent.
ITEM 13 (203-08)
CONDITIONAL USE PERMIT 03-02
APPLICANT: CINGULAR WIRELESS
Deputy Mayor Rexford opened the public hearing. Staff report by City Manager
Bowersox. This is a request to allow for the installation of a 1 :ions
facility 3 building at 12751 Poway Road. APN: 317-490-07.
Th
present wishing to speak.
Motion by C 3er Goldby, seconded by C 3er Emery, to close the
public hearing and adopt Planning Resolution No. P-03-34, entitled, "A Resolution of
the City Council of the City of Poway, California Approving Conditional Use Permit 03-
02 Assessor's Parcel Number 317-490-07." Motion carried 4-0 with Mayor Cafagna
absent.
ITEM 14 (203-08/203-14)
MODIFICATION
CONDITIONAL USE PERMIT 86-01M
DEVELOPMENT REVIEW REVISION 86-01R(2)
APPLICANT/OWNER: GABRIEL HO
Deputy Mayor Rexford opened the public hearing. Introduction by City Manager
Bowersox. Staff report by Development Services Director Fritz. This is a request to
add a 744-square-foot self-serve carwash and 230-square-foot storage room to the
existing gas station located at 13341 Poway Road. APN: 317-473-13.
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Page 10 - CITY OF POWAY - June 24, 2003
Th
present wishing to speak.
Motion by C 3er Emery, seconded by C ~)er Higginson, to close
the public hearing and adopt Planning Resolution No. P-03-35, entitled, "A Resolution
of the City Council of the City of Poway, California, Approving Modification to
Conditional Use Permit 86-01M and Revision to Development Review 86-01R(2) for
the Addition of a Self-Serve Car Wash. APN: 317-473-13." Motion carried 4-0 with
Mayor Cafagna absent.
Item 15 was heard earlier, after Item 2.
ITEM 15.1 (203-17/1401-14)
BLUE SKY ECOLOGICAL RESERVE
MONUMENT SIGN
APPLICANT: CITY OF POWAY
Staff report by City Manager Bowersox. Conditional Use Permit 02-05 and
Development Review 02-15 for the Blue Sky Educational/Interpretive Center was
approved by the City Council on July 30, 2002. The project proposed the construction
of a 6,000-square-foot Blue Sky Educational/Interpretive Center on a 16.5-acre site
located on the northeast corner of Espola Road and the Green Valley Truck Trail.
One component of the project, not available when approved by the City Council, was
the main entry sign. The Friends of Blue Sky and the Blue Sky Foundation were
aware that the project contained an entry : sign, but never approved the
proposed design. Staff is seeking City Council comment on the design and
compatibility of the proposed sign as part of the Blue Sky Educational/Interpretive
Center.
Motion by C 3er Goldby, seconded by C
approve the design and compatibility of the proposed sign.
Mayor Cafagna absent.
3er Higginson, to
Motion carried 4-0 with
Item 21 was heard at this point.
ITEM 21 (203-14/705-07)
ACCEPTANCE
LANDSCAPE MAINTENANCE IMPROVEMENTS
DISTRICT 83-1A
DEVELOPMENT REVIEW 02-01
APPLICANT: BOB LAMAGNO/DIROMA ESTATES
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Staff report by City Manager Bowersox. As a condition of development, Direma
E ' ' required to provide landscape imp Ihin the publ
and rights-of-way along Midland Road adjacent to their development. Upon final
inspection and receipt of required documentation, these landscape improvements
have been found acceptable to City standards.
The following
present wishing to speak:
Dee Fleischman, 14428 Midland Road, inquired as to whether there was a way to
include the saving of trees other than heritage trees on private developments.
Motion by C 3er Higginson, seconded by C ~)er Goldby, to
app 3tance. M -1 4-0 with Mayor Cafagna absent.
CITY MANAGER ITEMS
32.
City Manager B ' :led everyone in attendance of the Annual Fourth
of July Celebration in Old Poway Park next week.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
34A. C 3er Emery requested and received Council to work
with staff on getting Old Pomerado Road designated as Historic Highway 395.
C 3er Emery also inquired of staff as to what the f ~ the palm
trees laying on their sides along Community Road (widening project).
37.
Deputy Mayor Rexford recognized her beautiful granddaughters, Alexa and
Hannah, who were present in the audience along with her handsome son and
her handsome husband.
38A. C 3er Emery provided a Regional G Update for Mayor
Cafagna. (1503-46)
38B.
Deputy Mayor Rexford requested and received Council
Dallas Hayden to the Housing C as C
representative.
to appoint
3er Goldby's
(701-09)
38C.
Deputy Mayor Rexford requested and received Council to hold a
pre-development (PDC 03-02) for AT&T Wireless, to consider a
proposal to install 3-panel 1 new wooden utility
pole on Espola Road on July 10, 2003. (203-18)
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Page 12 - CITY OF POWAY - June 24, 2003
ADJOURNMENT
Deputy Mayor Rexford adjourned the
C 3er Emery, seconded by C
with Mayor Cafagna absent.
meeting at 8:20 p.m. on motion by
3er Higginson. Motion carried 4-0
~on Anne Peoples, Cit~ Clerk
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