CC 2003 07-29CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JULY 29, 2003
The July 29, 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.
COUNCILMEMBERSPRESENT
Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Steve Eckis
Lori Anne Peoples
Warren Shafer
Peter Moote
Niall Fritz
Jim Howell
Deborah Johnson
Bob Krans
Linda Barnett
Javid Siminou
Patti Brindle
Jim Lyon
Scott Edwards
Paolo Romero
City Manager
Deputy City Manager
City Attorney
City Clerk
Director of Administrative Services
Deputy Director of Ad Services
Director of Development Services
Director of Public Works
Director of Redevelopment Services
Fire Division Chief
SherifFs Captain
City Engineer
City Planner
Sr. Planner
Sr. Management Analyst
Intern - City Manager's Office
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the Pledge of Allegiance.
PRESENTATIONS
Liz Quaranta of the San Diego County Department of E
Housing Division, made a brief Power Point p
Wholesale Food Warehouses.
Health, Food and
regarding the Regulation of
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PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral C
The following people were present wishing to speak:
Ed Carboneau, 14073 Pomegranate, expressed h' the City.
Bill Cross, 13105 Corona Way, presented the Council with a plaque he had made from
a piece of the "Poway Oak."
Ellen Montgomery, 13018 Buckley Street, presented the Council with a petition
requesting a foot bridge be installed on Oak Knoll Road.
Gino Russo, 13350 Ann-O-Reno, read a letter into the record from Steve Pinhero of
Oceanside and expressed h' the Bocce court.
Maryann Milcetic, 12735 Larchmont Street, spoke regarding the neighborhood's
desire for a park and no more development.
CONSENT CALENDAR
C 3er Emery stated that he was voting in opposition to AB 361 under Item
27.2. Motion by C ~er Emery, seconded by C 3er Higginson, to
approve the Consent Calendar as follows:
16. Ratification of Warrant Registers for the Periods of June 16-20, June 23-27 and
June 30-July 4, 2003. (401-10)
17. Approval of Minutes - City Council
June 17, 2003 - Regular Meeting
June 24, 2003 - Regular Meeting
July 1, 2003 - Canceled Regular Meeting
19. Designation of Voting Delegate for League of
20.
21.
C ' S September 7-10, 2003.
Rejection of Claims (2) Against the City: 1) Ed
Disengomoka.
California Cities Annual
(1503-22)
Carboneau and; 2) Lo
(704-13)
Acceptance of Hazard Elimination System Signal Modification Project STPLHG
5428 (005) from Perry Electric. (602-01 #1549)
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22.
Adoption of Resolution No. 03-062 - "A Resolution of the City Council of the
City of Poway, Califomia Ordering the Expansion of Poway Landscape
M District 86-1 and City of Poway City Lighting District, Zones A and
C with the Annexation of APN 278-442-64-00 with Written Consent of Property
Owner Property Description: Parcel 1 of Record of Survey 3835, in the City of
Poway, County of San Diego, State of California, Being a Portion of Section 31,
Township 13 South, Range 1 West, According to Official Plat Thereof."
(705-09/705-10)
24.
Approval of Final Map for Tentative Parcel Map 98-15, Errol Yeager, Applicant.
(203-02)
25.
Adoption of Planning Resolution No. P-03-40 - "A Resolution of the City Council
of the City of Poway, California Approving a Modification to Comprehensive
Sign Program 87-04(M)2 Assessor's Parcel Number 317-153-24." Poway -
Nierman, LP., Applicant. (203-15)
26.
Adoption of Resolution No. 03-063 - "A Resolution of the City Council of the
City of Poway, California, Designating Voting Delegate and Alternates to the
Southern California Joint Powers Insurance Authority (SCJPIA) and Rescinding
Resolution No. 01-062." (1503-21)
27.
Adoption of Resolution No. 03-064 - "A Resolution of the City Council of the
City of Poway, California Finding the City to be in C with the
Congestion Management Program (CMP) in Accordance with California
G [Code Section 65089." (1503-02)
27.1 Approval of Agreement for Legal Services with McDougal, Love, Eckis, Smith
and Boehmer. (602-01 #259)
27.2
Approval of Change in Position on Pending Legislation: Support AB 361 - San
Diego Consolidated Transportation Agency. Oppose SB 18 - Traditional Tribal
Cultural Sites. (701-10)
27.3
Approval of substantial completion and retention reduction of the Poway
Community Aquatic Center (#1604) from C Building Group.
(602-01 #1586)
27.4 Acceptance of the remaining imp for the City Office Building Phase I
Imp Project (#1539) from Rocky Coast Framers, Inc. (1601-01)
tv1" ' ::1 y.
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ITEM 1 (203-02)
OLD COACH RANCH ESTATES
TENTATIVE PARCEL MAP 02-03
APPLICANT: SHAW CHENG
Mayor Cafagna 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
Court in the Heritage II Development. APNs: 277-011-06, 276-070-16 and 276-071-
12. This item was continued from the Council Meetings of June 10, 2003, Item #7,
June 17, 2003, Item #2.1 and June 24, 2003, Item #3.1.
The following
present wishing to speak:
David Davis, 501 W. Broadway, San Diego, Winwood Design representing Shaw
Cheng, spoke in support.
Motion by C 3er Emery, seconded by C 3er Higginson, to close
the public hearing and adopt Planning Resolution No. P-03-41, entitled, "A Resolution
of the City Council of the City of Poway, California Approving a Mitigated Negative
D and Tentative Parcel Map (TPM) 02-03 Assessor's Parcel Numbers 277-
011-06, 276-070-16 and 276-071-12" as revised. M ' :t y.
ITEM 2 (203-10)
MINOR DEVELOPMENT REVIEW 02-101
APPLICANT: SPRINT PCS
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a request to allow for the installation of a t :ions facility in the
Public Right-of-Way on Espola Road across from Orchard Bend Road, adjacent to
APN: 277-181-24. This item was continued from July 8, 1003, Item #7.
The following people were present wishing to speak:
Jim Kennedy, 701 "B" Street, #800, San Diego, representing Sprint, spoke in support
and responded to Council questions.
William Harding, 13635 Ash Hollow Crossing Road, spoke in opposition.
Melvin McKay, 10122 Sage Hill Way, Escondido, spoke in opposition.
Marge Knothe, 13724 Sagewood Drive, spoke in opposition.
Mac Strobl, 9710 Caminito Joven, San Diego, representing Sprint PCS, spoke in
support and responded to q : the Council and public.
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Page 5 - CITY OF POWAY - July 29, 2003
Development Services Director Fritz responded to q
the Council.
City Attorney Eckis responded to q
the Council.
Motion by C 3er Higginson, seconded by Mayor Cafagna, to close the public
hearing and adopt Planning Resolution No. P-O3-42, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Minor Development Review
Application 02-101 Assessor's Parcel Number: Adjacent to 277-181-24." Motion
carried 3-2 with C ~er Emery and Deputy Mayor Rexford voting "No."
ITEM 3 (701-04 #585)
ORDINANCE NO. 585/FIRST READING
REGULATING WHOLESALE F :HOUSES
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 585,
"An Ordinance of the City of Poway, California, Adding Chapter 8.14 to the Poway
Municipal Code Pertaining to Regulation of VVholesale Food Warehouses. Staff report
by City Manager Bowersox. The City received a letter from the County of San Diego,
Department of E Health, ;I the County's efforts and Ordinance
regulating Wholesale Food Warehouses. The pdmary concern and purpose of the
regulation is to protect and ensure the quality of food consumed by the citizens of San
Diego County. The County has provided a copy of a model city ordinance.
Th
present wishing to speak.
Motion by Deputy Mayor Rexford, seconded by C ~er Higginson, to waive
further reading ( vote), and continue the public hearing to August 19, 2003,
for second reading and adoption of Ordinance. Motion carried 4-0 with
C 3er Emery away from the dais.
ITEM 4 (701-04 #586)
ORDINANCE NO. 586/FIRST READING
SPECTATORS PROHIBITED
ILLEGAL MOTOR VEHICLE SPEED CONTESTS
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 586,
"An Ordinance of the City of Poway, California, Adding Chapter 10.64 to the Poway
Municipal Code Pertaining to Spectators Prohibited at tllegal Motor Vehicle Speed
C ~ Illegal Exhibitions of Speed."
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This report pertains to illegal street racing that has been occurring in San Diego
County for decades. The popularity of this illegal activity has brought with it needless
tragedies and deaths. It other criminal activities including j "few
gambling, fights and d littering, drinking in public, urinating in
public, trespassing, and vandalism. The presence of spectators encourages criminal
activity and creates an : in which illegal activities flourish. In prohibiting
spectators, the act of organizing and participating in illegal street racing would be
discouraged.
There was no one present wishing to speak.
Motion by C 3er Higginson, seconded by Deputy Mayor Rexford, to waive
further reading ( vote), and continue the public hearing to August 19, 2003,
for second reading and adoption of Ordinance. Motion carried y.
ITEM 5 (701-04 #587)
ORDINANCE NO. 587/FIRST READING
REVISE SPEED LIMITS
POWAY ROAD EAST OF COMMUNITY
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 587,
"An Ordinance of the City of Poway, California, Amending Section 10.32.010 of the
Poway Municipal Code to Revise Speed Limits and Speed Limit Segments on Poway
Road East of Community Road." Staff report by City Manager Bowersox. While
investigating a request from Mr. Cliff Hubbell regarding the use of electric cars on
Poway Road, staff discovered that the present speed limits and speed limit segments
do not adequately reflect the existing traffic and roadway conditions. For this reason,
staff and the Traffic Safety Committee :1 changes to the speed limit
segments and speed limits on Poway Road.
The following
present wishing to speak:
Cliff Hubbell, 14562 Springvale Street, spoke in support.
Motion by C ~er Emery, seconded by Deputy Mayor Rexford, to waive
further reading ( vote), and continue the public hearing to August 19, 2003
for second reading and adoption of Ordinance. Motion carried y.
Mayor Cafagna requested Item No. 6, 7 and 8 be heard together.
ITEM 6 (401-27)
FIRE PROTECTION/STREET IMPROVEMENT
TAX ROLL FOR FY 2003-2004
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Page 7 - CITY OF POWAY - July 29, 2003
ITEM 7 (401-27)
COMMUNITY FACILITIES DISTRICT NO. 1
FY 2003-04 SPECIAL TAX RATE
ITEM 8 (401-27)
COMMUNITY FACILITIES DISTRICT NO. 88-1
FY 2003-04 SPECIAL TAX RATE
Mayor Cafagna opened the public hearings. Staff report by City Manager Bowersox.
Annually, the City collects various taxes, fees, charges, and on the tax
rolls by following the procedures set up for such collections by the County.
Item 6 is to set the : for fire protection in ~ : District 96-1 (High
Valley Road) and the neighborhood loan projects including Creek Road/Stage Stop
Drive sewer imp Joshua Tree Court street imp Cobblestone
Creek bridge and street imp Golden Way sewer; Budwin Lane street
improvements; Old Espola Road sewer and Ann-O-Reno Lane street improvements.
Item 7 sets the Special Tax for South Poway Community Facilities District No. 1 which
is the Pomerado Business Park.
Item 8 sets the Special Tax Rate for property within the Community Facilities District
No. 88-1 (Parkway Business Centre).
Th
present wishing to speak on any of the items, 6 through 8.
Motion by C ~er Emery, seconded by Deputy Mayor Rexford, to close the
public hearing and adopt Resolution No. 03-065, entitled, "A Resolution of the City
Council of the City of Poway, California, Establishing the Fire Protection Tax, the
Street and Water and Sewer/~ Is, and the Road Improvement ,~
to be Collected on the Property Tax Roll for Fiscal Year 2003-2004." Motion carried
y.
Motion by C ~er Emery, seconded by Deputy Mayor Rexford, to close the
public hearing and adopt Resolution No. 03-066, entitled, "A Resolution of the City
Council of the City of Poway, California, Setting the Special Tax Rate and the Amount
to be Levied on Property Within the South Poway Community Facilities District No. 1
for Fiscal Year 2003-2004." rvl :' :t y.
Motion by C ~er Emery, seconded by Deputy Mayor Rexford, to close the
public hearing and adopt Resolution No. 03-067, entitled, "A Resolution of the City
Council of the City of Poway, California, Setting the Special Tax Rate and the Amount
to be Levied on Property Within the Community Facilities District No. 88-1 (Parkway
Business Centre) for Fiscal Year 2003-2004." M :' :t y.
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Page 8- CITY OF POWAY - July 29, 2003
ITEM 9 (2O3-24)
MINOR CONDITIONAL USE PERMIT 03-003
LIVE ENTERTAINMENT
PATRICK'S IRISH PUB
APPLICANT: MARIANNE NEALAN
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a request to allow live entertainment by solo artists and small bands inside
Patrick's Irish Pub at 13314 Poway Road. APN: 317-101-15.
Th
present wishing to speak.
Motion by Deputy Mayor Rexford, seconded by C 3er Emery, to close the
public hearing and adopt Planning Resolution No. P-03-43, entitled, "A Resolution of
the City Council of the City of Poway, California, Approving Minor Conditional Use
Permit 03-003 Assessor's Parcel Number 317-101-15." Motion carried y.
ITEM 10 (1503-02)
AMENDMENT TO THE 2003-2007
REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
Federal law requires the adoption of the Poway portion of a Regional Transportation
Improvement Program. Additionally, the enabling ordinance for TransNet requires a
be adopted describing the I: $250,000 on which TransNet funds
will be spent.
Th
present wishing to speak.
Motion by C 3er Emery, seconded by Deputy Mayor Rexford, to close the
public hearing and adopt Resolution No. 03-068, entitled, "A Resolution of the City
Council of the City of Poway, California, Adopting the Five-Year TransNet Local Street
and Road Program of Projects for Fiscal Years 2003-2007." Motion carried
y.
ITEM 11 (602-01#1632)
OUTSOURCING
WATER UTILITY BILLPRINTING/MAILING
INFOS
Staff report by City Manager Bowersox. The City of Poway currently has nearly
14,000 water meter accounts. The Customer Services division reads every water
meter on a bimonthly basis and generates a utility bill to the In total,
approximately 89,000 bills are sent yearly, including past d :1 closing bills.
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Page 9 - CITY OF POWAY - July 29, 2003
Motion by C 3er Emery, seconded by Deputy Mayor Rexford, to authorize
the City Manager to execute a I: services agreement. Motion carried
y.
ITEM 12 (704-10)
STATUS REPORT
ILLEGAL ENCAMPMENT ACTIVITIES
Staff report by City Manager Bowersox. Staff provides the Council with quarterly
reports on th ". ~ illegal encampment activities within the City.
This report represents information from the first quarter covering April through June,
2003. Staff :is the report be received and filed.
No objection as filed.
ITEM 13 (203-01/203-14)
GRADING PLAN REVISION
TENTATIVE TRACT MAP 4191-9R
DEVELOPMENT REVIEW 03-02
APPLICANT: MCCULLOUGH AMES DEVELOPMENT
Introduction of staff report by City Manager Bowersox. Staff report by Development
Services Director Fritz. The applicant is requesting approval to revise the grading plan
for lots of Final Map 12880/TTM 4191-9R to allow changes in pad from
those previously approved in 2000; and approval of a DR permit to establish the
design standards for the of 10 homes on a 60-acre site located on
Sagecrest Drive in the Rancho Arbolitos Neighborhood/Planned Community zone.
The DR permit would replace a prior DR permit approval which expired in December
2002. APNs: 314-371-24 to 35.
The following people were present wishing to speak:
Maryann Milcetic, 12735 Larchmont Street, spoke in opposition.
Nancy Dannhauser, 12756 Larchmont Street, spoke in opposition.
Motion by Deputy Mayor Rexford, seconded by Mayor Cafagna, to adopt Planning
Resolution No. P-03-44, entitled, "A Resolution of the City Council of the City of
Poway, California Approving Revisions to the Grading Plan for Final Map
12880/Tentative Tract Map ('FI'M) 4191-9R and Development Review (DR) 03-02
Assessor's Parcel Numbers 314-371-24 to 35," as amended with strengthened one-
story conditions under section G-3 and creation of a section 5-J stating that within 60
days of the approval of the revised grading for Final Map 12880/-I-rM 4191-9R and DR
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Page 10- CITY OF POWAY - July 29, 2003
03-02, and prior to the sale of any of the lots, the applicant shall record a deed
covenant, in favor of the City, limiting the lots to one story, not exceeding
25 feet in height. The form of th : shall be subject to the approval of the City
Attorney. IV :1 y.
ITEM 14 (203-13)
ENVIRONMENTAL ASSESSMENT 03-06
APPLICANT: POVVAY MITSUBISHI
Introduction by City Manager Bowersox. Staff report by Development Services
Director Fritz. This is a request to determine the historic significance of 10
located at 13910-13950 Poway Road in the/~ : General C (AGC)
zone. APN: 323-203-20.
General discussion ensued with C 3er Emery :ling the Egg-O-
Matic/Post Office building be preserved and moved to an appropriate location and the
Otis Family be recognized by the naming of a street after them.
Motion by C 3er Emery, seconded by C 3er Higginson, to move
forward to preserve the Egg-O-Matic building and the naming of a street after the Otis
Family. M :1 y.
ITEM 15 (1401-01)
ADDITIONAL PARKING
COMMUNITY PARK
Staff report by City Manager Bowersox. Staff has studied the need for an expansion
of the Community Park parking lot. Various alternatives have been considered to add
to the existing number of parking spaces. These alternatives include provision of
additional parking spaces on the east side of the park adjacent to the school
playground and ' the existing t 'ts to new parking. The results of
the parking lot expansion study indicate that there could be up to 127 new parking
spaces possible if the project is implemented with all alt The current parking
lot layout has 124 spaces. Therefore, the redesign of the layout could yield a total of
251 parking spaces.
Motion by C 3er Emery, seconded by Deputy Mayor Rexford, to approve
Attachment B, excluding the moving or removal of the tennis courts and including a
study of using the basketball courts for special event overflow parking. M ' :1
4-1 with C 3er Goldby voting "no."
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CITY MANAGER ITEMS
28. City Manager Bowersox provided Council with a State Budget Update.
(1502-23)
CITY ATTORNEY ITEMS
29. City Attorney Eckis requested a Closed Session as follows:
C. C ~ ~h Legal Counsel - Existing Litigation
Pursuant to G ~ Code §54956.9(a)
Northwest Pipe v. Kay C
MAYOR AND CITY COUNCIL-INITIATED ITEMS
34A.
Mayor Cafagna requested and received Council for the
appointment of Katrina Hill to the Teen Issues Committee as a Poway High
Alternate. (701-09)
34B Mayor Cafagna provided Council with a brief Regional G
CLOSED SESSION
update.
(1503-46)
Deputy City Attorney Boehmer reported that Council y approved a
settlement in the Northwest Pipe vs. Kay C by the terms- of which the City
will accept $300,000 and retain $72,000 from the C fund for a total
of $372,000. Each party is to bear their own attorney fees and costs.
Mayor Cafagna adjourned the meeting at 10:11 p.m. upon motion by C
Higginson, seconded by Deputy Mayor Rexford
3er
Anne Peoples, City (~lerk
of Poway
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Mayor Cafagna called the meeting back to order at 10:10 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna requested a Closed Session at 9:40 p.m. as requested by the City
Attorney.