CC 2003 09-02 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
SEPTEMBER 2, 2003
The September 2, 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 City Manager
Penny Riley Deputy City Manager
Steve Eckis City Attorney
Lori Anne Peoples City Clerk
Warren Shafer Director of Administrative Services
Robed Clark Director of Community Services
- Jim Howell Director of Public Works
Dennis Quillen Assistant Director of Public Works
Deborah Johnson Director of Redevelopment Services
Mark Sanchez Director of Safety Services
Linda Barnett Sheri~s Captain
Javid Siminou City Engineer
Patti Brindle City Planner
Zoubir Ouadah Senior Traffic Engineer
Scott Edwards Sr. Management Analyst
Paolo Romero Intem- City Manageds Office
PLEDGE OF ALLEGIANCE
Deputy Mayor Rex'ford led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications.
The following people were present wishing to speak:
George Wu, 11612 Creek Road, read a letter into the record regarding their
construction project. (Copy on file in the Office of the City Clerk).
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Helen Wu, 11612 Creek Road, read the remainder of the letter into the record
regarding their construction project. (Copy on file in the Office of the City Clerk).
Allen Basile, 11550 Creek Road, expressed his views on construction projects on
Creek Road.
Dee Fleischman, 14428 Midland Road, expressed her views on the Wu's construction
project on Creek Road.
Paul Rex'ford, 11570 Creek Road, expressed his views on the difficulties being
experienced by the construction projects and non-adherence to laws, rules and
regulations on Creek Road that are impacting his property.
Robed Guevarra, 13338 Floral Avenue, offered his services to perform weed
abatement throughout the City; inquired as to why the flag on the Sheriff's Substation
was not removed in the evening or a light installed and offered to promote a free
weekend concert for the children of Poway.
CONSENT CALENDAR
-- Motion by Deputy Mayor Rex'ford, seconded by Councilmember Goldby, to approve
the Consent Calendar as follows:
7. Ratification of Warrant Registers for the Periods of July 28 - August 1, 2003
and August 4-8, 2003. (401-10)
8. Approval of Minutes - City Council
July 29, 2003 - Regular Meeting
August 5, 2003 - Regular Meeting
August 7, 2003 - Canceled Adjourned Regular Meeting
August 12, 2003 - Canceled Regular Meeting
10. Approval of Request for Authorization to Increase the Hourly Rate for the
Seasonal Parks Maintenance Worker Position from $10.00 to $11.00 per hour
effective immediately. (503-03)
11. Release of Grading Bond No. 81940423 in the amount of $426,000 and Cash
Security in the amount of $40,000 for G.E. Capital Modular Space, Steve
Wheeler, Applicant. CUP 02-09/DR 02-06. APNs: 323-501-03, 04 and 05.
(203-08/203-14)
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12. Release of Grading Bond No. 184 60 77 in the amount of $194,700 and
reduction of Grading Cash Security from $40,000 to $20,000, Maverick Estates,
Gregory Loy, Whitewater Drive, LLC. , Applicant. TTM 97-02. APN: 323-071-
18. (203-01)
13. Release of Improvement Bonds - Performance Bond No. 184 58 29, in the
amount of $63,044 and Payment Bond in the amount of $31,522, for Poway
Library Plaza, Tim Meissner, Poway Library Plaza, LLC, Applicant. APNs: 317-
101-31, 32, 49 and 50. (602-01 #1517)
14. Release of Improvement Bonds - Performance Bond No. 190605923, in the
amount of $258,653 and Payment Bond in the amount of $229,326.50,
Gateway II, Kevin Gilchdst, Applicant. TPM 00-05/GPA 00-01. APN: 275-
780-05. (203-02/203-11 )
15. Approval of Standard Agreement for Professional Storm Water Services with D-
Max Engineering Inc., contract expenses not to exceed $190,000.
(602-01 #1635)
15.1 Acceptance of the Green Valley, High Valley, and Ezra Lane Water Line
Improvements from Hemet Manufacturing Co., Inc. DBA Genesis Construction.
(602-01 #1527)
Motion carried unanimously.
ITEM 1 (701-04 #588/602-01 #1634)
ORDINANCE NO. 588/FIRST READING
DEVELOPMENT AGREEMENT
COSTCO WHOLESALE CORPORATION
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 588,
"An Ordinance of the City of Poway, California, Approving a Development Agreement
between Costco Wholesale Corporation and the City of Poway."
The following people were present wishing to speak:
Dee Fleischman, 14428 Midland Road, spoke in support of the agreement but in
opposition to the possible location within the center of a Home Depot rather than a
Lowe's.
Alex Scholz, 12824 Wayland Grove Court, spoke in opposition to the proposed
agreement.
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Motion by Councilmember Emery, seconded by Deputy Mayor Rex'ford, to waive
further reading (unanimous vote), and continue the public hearing to September 16,
2003, for second reading and adoption of Ordinance No. 588. Motion carried
unanimously.
ITEM 2 (203-24)
MINOR CONDITIONAL USE PERMIT 03-002
APPLICANT: KM HOLDINGS, LLC.
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a request to allow the construction of a lighted tennis court on a residential lot
on Cypress Point in the Heritage Planned Community zone. APNs: 277-210-01 and
02,
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Deputy Mayor Rex'ford, to close the
public hearing and adopt Planning Resolution No. P-03-54, entitled, "A Resolution of
the City Council of the City of Poway, California Approving Minor Conditional Use
Permit 03-002, a Request to Construct a New Lighted Tennis Court on a Residential
-- Lot on Cypress Point in the Heritage Planned Community Assessor's Parcel Number
277-210-01 and 02? Motion carried 4-1 with Councilmember Higginson voting "no."
ITEM 3 (1160-02)
REPORT
PROTECTED/PERMISSIVE LEFT-TURN PHASING
Introduction by City Manager Bowersox, Staff report by Senior Traffic Engineer
Ouadah. The City has received, from the local assistance office of CaITrans District
11, approval of a federal grant via the Congestion Mitigation and Air Quality (CMAQ)
program to convert existing protected left-turn signal phasing to Protected/Permissive
Left-Turn (P/PLT) phasing along Poway Road at certain signalized intersections. This
report describes the operation of P/PLT signal phasing and its proposed use in
Poway.
The following person was present wishing to speak:
Dee Fleischman, 14428 Midland Road, spoke in opposition.
Council discussion ensued.
Staff will not be pursuing the grant application of the installation of
Protected/Permissive Left-Turn Phasing.
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ITEM 4 (203-18)
PRE-DEVELOPMENT CONFERENCE 03-03
SPECIFIC PLAN AMENDMENT
LAND USE DESIGNATION CHANGE
LIGHT INDUSTRIAL TO LIGHT INDUSTRIAL/OUTDOOR STORAGE
13790 STOWE DRIVE
APPLICANT: STEVE SPOONER
Staff report by City Manager Bowersox. This is a request to consider a Specific Plan
Amendment to change the land use designation of property located at 13790 Stowe
Drive from Light Industrial to Light Industrial/Outdoor Storage. This would allow
Southwest Power, a supplier to the utility industry, to apply for a Conditional Use
Permit to occupy a portion of the existing 61,000-square-foot industrial building on the
subject site, and have outdoor storage of large spools of wire. City Manager
Bowersox explained that no decision is made during a pre-development conference.
It is intended to provide an opportunity for the applicant to present their proposal and
get some feedback from Council.
The following people were present wishing to speak:
-- Dan Courtney, 7855 Calle Juela, La Jolla, Real Estate Sales Agent and partial owner,
spoke in support of the proposed change.
Steve Spooner, 13081 Treecrest Street, partial owner, spoke in support of the
proposed change
Council expressed no objections to the proposal.
ITEM 5 (405-01)
SERIES 2003
TAX ALLOCATION REFUNDING BONDS
Introduction and staff report by City Manager Bowersox. This report provides for the
City CouncillPoway Redevelopment Agency and Finance Authority consideration of
the proposed Poway Redevelopment Agency Series 2003 Tax Allocation Bonds.
The issuance of the Series 2003 TABs in an amount not-to-exceed $160 million, will
result in the refunding of the Agency's 1993 TABs, provide for payments to the Poway
Unified School District under a Tax Sharing arrangement, provide funding for two
owners of Owner Participation Agreements (OPAs) and provide approximately $25
million in bond proceeds for Agency General Fund Projects.
There was no one present wishing to speak.
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Motion by Councilmember Higginson, seconded by Councilmember Emery, to adopt
Bond Resolution No. 03-071, entitled, "A Resolution of the City Council of the City of
Poway, California, Approving the Issuance by the Poway Redevelopment Agency of
its Tax Allocation Bonds, Series 2003A and its Tax Allocation Bonds, Series 2003B
(Taxable) and Making Certain Determinations Relating Thereto," and Resolution No.
03-072, entitled, "A ResoLution of the City Council of the City of Poway, Determining
that the Starridge Park Ball Field Project (#5644) is of Benefit to the Paguay
Redevelopment Project," and directed staff to proceed with the documentation and
execution of said Bonds. Motion carried unanimously.
ITEM 6 (1110-07)
STREET NAME CHANGE 03-01
PRIVATE STREET FOR FIRE STATION #3
LEONE WAY
APPLICANT: CITY OF POWAY
Staff report by City Manager Bowersox. This is a request for approval to name the
public street serving Fire Station #3, located at 14322 Pomerado Road, as Leone Way
in honor of Captain Ignatius "lggy" Leone, the only Poway Firefighter killed in action.
He died of a heart attack while battling a structure fire in February of 1966.
Motion by Councilmember Emery, seconded by Deputy Mayor Rexford, to adopt
Planning Resolution No. P-03-55, entitled, "A Resolution of the City Council of the City
of Poway, California Approving the Street Name for the Public Street Serving Fire
Station #3 as Leone Way." Motion carried unanimously.
ITEM 6.1 (702-12)
PROPOSED INITIATIVE MEASURE
CHANGING GENERAL PLAN AND
ZONING DESIGNATIONS
PROPONENT JOSEPH LUGIDI
CERTIFICATION OF SUFFICIENCY
Introduction by City Manager Bowersox. Staff report by City Attorney Eckis. On
Friday, August 22, 2003, the Registrar of Voters notified the City Clerk of the
sufficiency of the petitions submitted by Mr. Joseph Lucidi. It is appropriate at this
time for the City Council to accept the Certification of Sufficiency. Staff is also
recommending that they be directed to prepare, under Elections Code 9212(a), an
impact report to be brought back to the City Council at the September 30, 2003,
meeting at which time Council will be asked to Order the Election.
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The following people were present wishing to speak:
Zip Lucidi, 15015 Lucidi Farms Way, spoke in support of the acceptance of the
Certification of Sufficiency and requested the City Council Order the Election
immediately.
Lisa Lucidi, 15015 Lucidi Farms Way, spoke in support of the Ordering of the Election
immediately.
Motion by Councilmember Emery, seconded by Deputy Mayor Rexford, to accept the
Certification of Sufficiency and direct staff to prepare an impact report for the
September 30, 2003, City Council Meeting. Motion carried unanimously.
CITY MANAGER ITEMS
16. City Manager Bowersox provided Council with a State Budget Update.
(1502-23)
MAYOR AND CITY COUNCIL-INITIATED ITEMS
-- 21A. Deputy Mayor Rex'ford requested and received Council concurrence to direct
staff to develop and implement fundraising efforts to assist the City of San
Diego Fire Department in maintaining Copter 1 fire suppression, medical
rescue, and transport services, which benefit all agencies and jurisdictions in
the San Diego Region. (1501-01)
22A Mayor Cafagna did not provide a regional governance update. (1503-46)
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:53 p.m. upon motion by Councilmember
Emery, seconded by Councilmember Goldby.
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