CC 2003 10-21 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
OCTOBER 21, 2003
The October 21, 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, Don Higginson, Betty Rexford
COUNCILMEMBERS ABSENT
Jay Goldby, Mickey Cafagna
STAFF MEMBERS PRESENT
Penny Riley Acting City Manager
Tamara Smith Assistant City Attorney
Lori Anne Peoples City Clerk
Warren Shafer Director of Administrative Services
Jim Bentz Community Services Manager
Niall Fritz Director of Development Services
Jim Howell Director of Public Works
Deborah Johnson Director of Redevelopment Services
Mark Sanchez Director of Safety Services
Linda Barnett Sheriff's Captain
Javid Siminou City Engineer
Patti Brindle City Planner
Scott Edwards Sr. Management Analyst
Paolo Romero Management Assistant
PLEDGE OF ALLEGIANCE
Councilmember Higginson led the Pledge of Allegiance.
PRESENTATION
Deputy Mayor Rex'ford presented a Certificate of Commendation to Jeff Brazil of
McMillin Companies for sponsoring Red Ribbon Week 2003. (701-17)
7951
Page 2 - CITY OF POWAY - October 21, 2003
PROCLAMATIONS
A. Deputy Mayor Rexford presented of a Proclamation for "Red Ribbon Week
2003," to the Poway Unified School District representatives, Linda Vanderveen,
President of the Poway Unified School Board and Jeff Mangum, Vice President
of the Poway Unified School Board. (701-17)
B. Deputy Mayor Rexford presented a Proclamation to Dave Bender recognizing
the Week of October 20, 2003, as "Character Counts Week." (701-17)
PUBLIC ORAL COMMUNICATIONS
Deputy Mayor Rexford explained the procedure for Public Oral Communications.
The following people were present wishing to speak:
Nick Stavros 13639 Jackrabbit Road, expressed his views on the Espola Road
Widening Project.
Cheryl Roddy, 17759 Valle Verde, requested Council's support for establishing room
for Poway residents at Poway High School.
K.C. Butler, representing the Tour de Poway, thanked Council and staff for their
support of the event.
CONSENT CALENDAR
Motion by Councilmember Higginson, seconded by Councilmember Emery, to
approve the Consent Calendar as follows:
6. Approval of Minutes - City Council
September 30, 2003 - Regular Meeting
October 2, 2003 - Canceled Adjourned Regular Meeting
8. Adoption of Resolution No. 03-081 - Commending Eagle Scout Peter Randolph
Trubey. (701-17)
9. Adoption of Resolution No. 03-082 - Adopting Through Incorporation by
Reference the Fair Political Practice Commission's Standard Conflict of Interest
Code 2 California Code of Regulations Section 18730 and Amending the List of
Designated Positions and Rescinding Resolution No. 02-117; Resolution No. R-
03-11 - Adopting the Fair Political Practice Commission's Standard Conflict of
interest Code 2 California Code of Regulations Section 18730 and Amending
the List of Designated Positions and Rescinding Resolution No. R-02-14; and
Adopting Resolution No. 03-083 - Approving the Agency's Adoption of their
Amended List of Designated Positions and Rescinding Resolution No. 02-118.
(704-08)
7952
Page 3 - CITY OF POWAY - October 21,2003
10. Approval of Parcel Map for Tentative Parcel Map No. 02-05, American
Investment Group, Applicant. Gregg Street. APN: 317-270-29 and 53. (203-02)
11. Adoption of Resolution No. P-03-65 - Approving Temporary Use Permit 03-96,
Fall Fest Street Fair, Poway Chamber of Commerce, Applicant: A request to
hold a street fair on Midland Road between Poway Road and Hilleary Place on
Sunday, November 9, 2003, from 10:00 a.m. to 4:00 p.m. (203-07)
12. Approval of Compensation Increase for the City Manager. (602-01 #29)
Motion carried 3-0 with Councilmember Goldby and Mayor Cafagna absent.
ITEM 1 (701-04 #589
ORDINANCE NO. 589/FIRST READING
ADDING CHAPTER 15.30
POWAY MUNICIPAL CODE
PREQUALIFICATION AND DEBARMENT
CONTRACTORS AND BIDDERS
Deputy Mayor Rexford opened the public hearing and read the title of Ordinance No.
589, "An Ordinance of the City of Poway, California, Adding Chapter 15.30 to the
Poway Municipal Code Concerning Prequalification and Debarment of Contractors
and Bidders."
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to waive
further reading (unanimous vote) and continue the public hearing to November 4,
2003, for second reading and adoption. Motion carried 3-0 with Councilmember
Goldby and Mayor Cafagna absent.
ITEM 2 (701-04 #590)
ORDINANCE NO. 590/FIRST READING
AMENDING CHAPTER 9.56
POWAY MUNICIPAL CODE
GRAFFITI
Deputy Mayor Rexford opened the public hearing and read the title of Ordinance No.
590, "An Ordinance of the City of Poway, California, Amending Chapter 9.56 of the
Poway Municipal Code Pertaining to Graffiti."
There was no one present wishing to speak.
7953
Page 4 - CITY OF POWAY - October 21,2003
Motion by Councilmember Higginson, seconded by Councilmember Emery, to waive
further reading (unanimous vote) and continue the public hearing to November 4,
2003, for second reading and adoption. Motion carried 3-0 with Councilmember
Goldby and Mayor Cafagna absent.
ITEM 3 (203-04/203-10)
ENVIRONMENTAL ASSESSMENT
VARIANCE 03-04
MINOR DEVELOPMENT REVIEW 03-44
VARIANCE 03-14
MINOR DEVELOPMENT REVIEW 03-45
HILLSIDE/RIDGELINE MINOR DEVELOPMENT REVIEW 03-46
BRUCE AND JENNIFER BOWMAN, APPLICANTS
Deputy Mayor Rexford opened the public hearing. Councilmember Emery stated he
would be abstaining from participation in this item as he lives within 500 feet of the
proposed project. Introduction by Acting City Manager Riley. This is a request to
construct three single-family residences on Parcel 1, Parcel 2, and Parcel 3 of Parcel
Map 10313 located at the southerly terminus of Golden Sunset Court. The application
also includes a request for a Variance approval to allow the proposed residences on
Parcel 1 and 2 to encroach into the required 40-foot front yard setback. APNs: 321-
220-08, 09 and 10.
Deputy City Attorney Smith advised that due to the lack of a quorum, in accordance
with City Ordinance No. 355, this item would need to be continued to October 28,
2003.
There was no one present wishing to speak.
The item was continued to October 28, 2003.
ITEM 4 (1110-03)
PEDESTRIAN BRIDGE
BETWEEN
OAK KNOLL ROAD AND COMMUNITY PARK
Introduction by Acting City Manager Riley. Two petitions have been submitted to the
City of Poway relating to the installation of a pedestrian bridge between the east end
of Oak Knoll Road and Community Park, near Dog Park. One petition has requested
the installation be done, and the other asking that the original request be "tabled."
7954
Page 5 - CITY OF POWAY - October 21,2003
Staff report by Development Services Director Fritz. Staff contacted the circulators of
both petitions to determine their basic issues, evaluated those issues, and has come
to the following conclusion. The existing pedestrian bridge at the end of Buckley
Street currently serves the needs of the community with no indication of a deficiency in
its capacity. There is controversy in the neighborhood over the need for a second
bridge. The expense to add another bridge for only marginal additional benefit is
substantial. Therefore, the expense is not justifiable.
The following people were present wishing to speak:
Ellen Montgomery, 13018 Buckley Street, spoke in support of the installation of the
footbridge.
Howard Auten, 12929 Oak Knoll Road, spoke in opposition.
Jim Tom Cavanaugh, 12937 Oak Knoll Road, spoke in opposition.
Alan Moore, 12910 Seller Street, spoke in opposition
Cheryl Quick, 12961 Oak Knoll Road, spoke in opposition.
Motion by Councilmember Higginson, seconded by Councilmember Emery, to deny
the request for another pedestrian bridge and receive and file the report. Motion
carried 3-0 with Councilmember Goldby and Mayor Cafagna absent.
ITEM 5 (203-24/203-10)
HILLSlDE/RIDGELINE
MINOR DEVELOPMENT REVIEW APPLICATION 03-62
MINOR DEVELOPMENT REVIEW APPLICATION 03-63
MINOR CONDITIONAL USE PERMIT 03-004
MINOR CONDITIONAL USE PERMIT 03-005
CRAI~ FAULKNER, APPLICANT
Deputy Mayor Rexford opened the public hearing. Introduction by Acting City
Manager Riley. This is a request to construct two single-family residences with
detached ancillary structures, including lighted tennis courts, on two contiguous
properties. Parcel 3 (approximately 24 acres) and Parcel 4 (approximately 16 acres) of
Map 14319 located on the north side of Old Coach Road, north of the Heritage II
Development. APNs: 276-140-11 and 12. Due to an advertising error, the portion
pertaining to the lighted tennis courts will be removed and considered at the
November 18, 2003, meeting. Only the Minor Development Review Applications will
be considered this evening.
There was no one present wishing to speak.
7955
Page 6 - CITY OF POWAY - October 21,2003
Motion by Councilmember Emery, seconded by Councilmember Higginson, to adopt
Planning Resolution No. P-03-66, entitled, "A Resolution of the City Council of the City
of Poway, California Approving Minor Development Review Application (MDRA) 03-
62, Assessor's Parcel Number 276-140-11," and Planning Resolution No. P-03.67,
entitled, "A Resolution of the City of Poway, California, Approving Minor Development
Review Application (MDRA) 03-63, Assessor's Parcel Number 276-140-12." Motion
carried 3-0 with Councilmember Goldby and Mayor Cafagna absent.
CiTY MANAGER ITEMS
13. Acting City Manager Riley did not provide Council with a State Budget Update.
(1502-23)
MAYOR AND CITY COUNCIL-INITIATED ITEMS
15. Councilmember Emery provided a brief Regional Governance update in the
absence of the Mayor. (1503-46)
ADJOURNMENT
Deputy Mayor Rexford adjourned the meeting at 8:00 p.m upon motion by
Councilmember Higginson, seconded by Councilmember Emery. Motion carried
unanimously.
L~r~ Anne Peoples, C'~7~3~erk
Cify of Poway
7956
"
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
OCTOBER 21,2003
The October 21, 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, Don Higginson, Betty Rexford
COUNCILMEMBERS ABSENT
Jay Goldby, Mickey Cafagna
STAFF MEMBERS PRESENT
Penny Riley Acting City Manager
Tamara Smith Assistant City Attorney
Lori Anne Peoples City Clerk
Warren Shafer Director of Administrative Services
Jim Bentz Community Services Manager
Niall Fritz Director of Development Services
Jim Howell Director of Public Works
Deborah Johnson Director of Redevelopment Services
Mark Sanchez Director of Safety Services
Linda Barnett Sheriffs Captain
Javid Siminou City Engineer
Patti Brindle City Planner
Scott Edwards Sr. Management Analyst
Paolo Romero Management Assistant
PLEDGE OF ALLEGIANCE
Councilmember Higginson led the Pledge of Allegiance.
PRESENTATION
Deputy Mayor Rexford presented a Certificate of Commendation to Jeff Brazil of
McMillin Companies for sponsoring Red Ribbon Week 2003. (701-17)
7951
Page 2 - CITY OF POWAY - October 21,2003
PROCLAMATIONS
A. Deputy Mayor Rexford presented of a Proclamation for "Red Ribbon Week
2003," to the poway Unified School District representatives, Linda Vanderveen,
President of the Poway Unified School Board and Jeff Mangum, Vice President
of the Poway Unified School Board. (701-17)
B. Deputy Mayor Rexford presented a Proclamation to Dave Bender recognizing
the Week of October 20, 2003, as "Character Counts Week." (701-17)
PUBLIC ORAL COMMUNICATIONS
Deputy Mayor Rexford explained the procedure for Public Oral Communications.
The following people were present wishing to speak:
Nick Stavros, 13639 Jackrabbit Road, expressed his views on the Espola Road
Widening Project.
Cheryl Roddy, 17759 Valle Verde, requested Council's support for establishing room
for Poway residents at Poway High School.
K.C. Butler, representing the Tour de Poway, thanked Council and staff for their
support of the event.
CONSENT CALENDAR
Motion by Council member Higginson, seconded by Council member Emery, to
approve the Consent Calendar as follows:
6. Approval of Minutes - City Council
September 30, 2003 - Regular Meeting
October 2, 2003 - Canceled Adjourned Regular Meeting
8. Adoption of Resolution No. 03-081 - Commending Eagle Scout Peter Randolph
Trubey. (701-17)
9. Adoption of Resolution No. 03-082 - Adopting Through Incorporation by
Reference the Fair Political Practice Commission's Standard Conflict of Interest
Code 2 California Code of Regulations Section 18730 and Amending the List of
Designated Positions and Rescinding Resolution No. 02-117; Resolution No. R-
03-11 - Adopting the Fair Political Practice Commission's Standard Conflict of
Interest Code 2 California Code of Regulations Section 18730 and Amending
the List of Designated Positions and Rescinding Resolution No. R-02-14; and
Adopting Resolution No. 03-083 - Approving the Agency's Adoption of their
Amended List of Designated Positions and Rescinding Resolution No. 02-118.
(704-08)
7952
Page 3 - CITY OF POWAY - October 21,2003
10. Approval of Parcel Map for Tentative Parcel Map No. 02-05, American
Investment Group, Applicant. Gregg Street. APN: 317-270-29 and 53. (203-02)
11. Adoption of Resolution No. P-03-65 - Approving Temporary Use Permit 03-96,
Fall Fest Street Fair, Poway Chamber of Commerce, Applicant: A request to
hold a street fair on Midland Road between Poway Road and Hilleary Place on
Sunday, November 9, 2003, from 10:00 a.m. to 4:00 p,m. (203-07)
12 Approval of Compensation Increase for the City Manager. (602-01 #29)
Motion carried 3-0 with Councilmember Goldby and Mayor Cafagna absent.
ITEM 1 (701-04 #589)
ORDINANCE NO. 589/FIRST READING
ADDING CHAPTER 15,30
POWAY MUNICIPAL CODE
PREQUALIFICATION AND DEBARMENT
CONTRACTORS AND BIDDERS
Deputy Mayor Rexford opened the public hearing and read the title of Ordinance No,
589, "An Ordinance of the City of Poway, California, Adding Chapter 15.30 to the
Poway Municipal Code Concerning Prequalification and Debarment of Contractors
and Bidders."
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to waive
further reading (unanimous vote) and continue the public hearing to November 4,
2003, for second reading and adoption. Motion carried 3-0 with Councilmember
Goldby and Mayor Cafagna absent.
ITEM 2 (701-04 #590)
ORDINANCE NO. 590/FIRST READING
AMENDING CHAPTER 9,56
POWAY MUNICIPAL CODE
GRAFFITI
Deputy Mayor Rexford opened the public hearing and read the title of Ordinance No.
590, "An Ordinance of the City of Poway, California, Amending Chapter 9.56 of the
Poway Municipal Code Pertaining to Graffiti"
There was no one present wishing to speak.
7953
Page 4 - CITY OF POWAY - October 21,2003
Motion by Councilmember Higginson, seconded by Councilmember Emery, to waive
further reading (unanimous vote) and continue the public hearing to November 4,
2003, for second reading and adoption, Motion carried 3-0 with Councilmember
Goldby and Mayor Cafagna absent.
ITEM 3 (203-04/203-10)
ENVIRONMENTAL ASSESSMENT
VARIANCE 03-04
MINOR DEVELOPMENT REVIEW 03-44
VARIANCE 03-14
MINOR DEVELOPMENT REVIEW 03-45
HILLSIDE/RIDGELINE MINOR DEVELOPMENT REVIEW 03-46
BRUCE AND JENNIFER BOWMAN, APPLICANTS
Deputy Mayor Rexford opened the public hearing. Councilmember Emery stated he
would be abstaining from participation in this item as he lives within 500 feet of the
proposed project. Introduction by Acting City Manager Riley. This is a request to
construct three single-family residences on Parcel 1, Parcel 2, and Parcel 3 of Parcel
Map 10313 located at the southerly terminus of Golden Sunset Court. The application
also includes a request for a Variance approval to allow the proposed residences on
Parcel 1 and 2 to encroach into the required 40-foot front yard setback. APNs: 321-
220-08, 09 and 10
Deputy City Attorney Smith advised that due to the lack of a quorum, in accordance
with City Ordinance No. 355, this item would need to be continued to October 28,
2003.
There was no one present wishing to speak.
The item was continued to October 28, 2003.
ITEM 4 (1110-03)
PEDESTRIAN BRIDGE
BETWEEN
OAK KNOLL ROAD AND COMMUNITY PARK
Introduction by Acting City Manager Riley. Two petitions have been submitted to the
City of Poway relating to the installation of a pedestrian bridge between the east end
of Oak Knoll Road and Community Park, near Dog Park. One petition has requested
the installation be done, and the other asking that the original request be "tabled."
7954
Page 5 - CITY OF POWAY - October 21,2003
Staff report by Development Services Director Fritz. Staff contacted the circulators of
both petitions to determine their basic issues, evaluated those issues, and has come
to the following conclusion. The existing pedestrian bridge at the end of Buckley
Street currently serves the needs of the community with no indication of a deficiency in
its capacity. There is controversy in the neighborhood over the need for a second
bridge. The expense to add another bridge for only marginal additional benefit is
substantial. Therefore, the expense is not justifiable.
The following people were present wishing to speak:
Ellen Montgomery, 13018 Buckley Street, spoke in support of the installation of the
footbridge.
Howard Auten, 12929 Oak Knoll Road, spoke in opposition.
Jim Tom Cavanaugh, 12937 Oak Knoll Road, spoke in opposition.
Alan Moore, 12910 Seiler Street, spoke in opposition
Cheryl Quick, 12961 Oak Knoll Road, spoke in opposition.
Motion by Councilmember Higginson, seconded by Councilmember Emery, to deny
the request for another pedestrian bridge and receive and file the report, Motion
carried 3-0 with Council member Goldby and Mayor Cafagna absent.
ITEM 5 (203-24/203-10)
HILLSIDE/RIDGELINE
MINOR DEVELOPMENT REVIEW APPLICATION 03-62
MINOR DEVELOPMENT REVIEW APPLICATION 03-63
MINOR CONDITIONAL USE PERMIT 03-004
MINOR CONDITIONAL USE PERMIT 03-005
CRAIG FAULKNER, APPLICANT
Deputy Mayor Rexford opened the public hearing. Introduction by Acting City
Manager Riley. This is a request to construct two single-family residences with
detached ancillary structures, including lighted tennis courts, on two contiguous
properties. Parcel 3 (approximately 24 acres) and Parcel 4 (approximately 16 acres) of
Map 14319 located on the north side of Old Coach Road, north of the Heritage II
Development. APNs: 276-140-11 and 12. Due to an advertising error, the portion
pertaining to the lighted tennis courts will be removed and considered at the
November 18, 2003, meeting. Only the Minor Development Review Applications will
be considered this evening.
There was no one present wishing to speak.
7955
Page 6 - CITY OF POWAY - October 21,2003
Motion by Councilmember Emery, seconded by Councilmember Higginson, to adopt
Planning Resolution No. P-03-66, entitled, "A Resolution of the City Council of the City
of Poway, California Approving Minor Development Review Application (MDRA) 03-
62, Assessor's Parcel Number 276-140-11," and Planning Resolution No. P-O3-67,
entitled, "A Resolution of the City of Poway, California, Approving Minor Development
Review Application (MDRA) 03-63, Assessor's Parcel Number 276-140-12." Motion
carried 3-0 with Councilmember Goldby and Mayor Cafagna absent.
CITY MANAGER ITEMS
13. Acting City Manager Riley did not provide Council with a State Budget Update.
(1502-23)
MAYOR AND CITY COUNCIL-INITIATED ITEMS
15. Councilmember Emery provided a brief Regional Governance update in the
absence of the Mayor. (1503-46)
ADJOURNMENT
Deputy Mayor Rexford adjourned the meeting at 8:00 p.m. upon motion by
Councilmember Higginson, seconded by Council member Emery. Motion carried
unanimously.
'Î
7956