CC 2003 11-18
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
NOVEMBER 18, 2003
The November 18, 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
Tamara Smith Assistant City Attorney
Lori Anne Peoples City Clerk
Warren Shafer Director of Administrative Services
Robert Clark Director of Community Services
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
Deputy Mayor Rexford led the Pledge of Allegiance,
Mayor Cafagna announced that on November 8, 2003 the North County Fine Arts
Committee presented the winning artist, Lynn Baugh, with the 1st Inaugural Betty
Rexford Award and congratulated Deputy Mayor Rexford for having an award named
after her.
PRESENTATIONS
Mayor Cafagna presented Service Awards to Jim Bentz, Community Services
Manager, 30-Years and Warren Shafer, Director of Administrative Services, 10-Years,
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications,
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The following people were present wishing to speak:
Bob Lamagno, of Diroma Estates requested staff assistance for a street closing on
December 13, to accommodate a Home Tour to raise funds to benefit the fire victims.
Nick Zenkich, 16801 Chaparral Way, requested financial assistance, as he had no
insurance, for repairs to his home caused by fire damage.
Marge Knothe, 13724 Sagewood Drive, stated that the California Native Plant Society
had free California Live Oak seedlings for planting on fire-damaged properties,
K,C, Butler, representing the Poway Kiwanis, announced a Poway Community Heroes
Picnic his organization was sponsoring, was being held on Sunday, November 23rd
from 1 to 3 p,m,
CONSENT CALENDAR
Motion by Council member Goldby, seconded by Council member Emery, to approve
the Consent Calendar as follows:
10, Ratification of Warrant Register for the period of October 13-17, 2003,
(0475-20)
11, Approval of Minutes - City Council
October 21, 2003 - Regular Meeting
October 26, 2003 - Special Meeting
October 28, 2003 - Regular Meeting
13, Ap roval of City's Investment Report as of September 30, 2003, (0450-80)
14, An ual Review of Development Agreement with Tech Business Center, LLC"
for the Development of Tech Business Center, (0700-10)
15, A ard of Bid for Camino Del Valle Pump Station Project (#1823) to TC
Co struction Company, Inc" in the amount of $890,125, (0700-10)
16, A ard of Bid for the Cloudcroft Pump Station Project (#1745) to SCW
Co tracting Corp, in the amount of $854,000 and authorize the appropriation of
$2 ,000 from the unappropriated Water Fund Reserve, (0700-10)
17, A ard of the Base Bid for Boca Raton Reservoir Project (#1743) to Spiess
Co struction, Inc" in the amount of $675,500, and authorize the appropriation
of $63,000 from the unappropriated Water Fund Reserve, (0700-10)
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18. Adoption of Resolution No. 03-091 - Establishing a Time-Restricted No-Parking
Zone on the South Side of Solera Way, 120 Feet West of Pomard Way to
Tannin Drive and Rescinding Resolution No, 00-008 Restricting Parking on
Tannin Drive, (0860-95)
19, Approval of Agreement Between the City of Poway and The Virtual Marketing
Team for Website Development Services and Authorization to Expend up to
$12,000, (0700-10)
20, Approval of Release of Securities, Bond #172 04 77: Performance Bond for
$562,403, Payment Bond for $281,201,50, Warranty Bond for $56,240 and
Grading Bond No. 155 87 68 in the amount of $430,250 for Tech Business
Center, LLC, Owner/Applicant. TTM 97-01, APN 317-280-67,
(0200-60)
21, Approval of a one-time grant from the Agency's Nonprofit Capacity Building
Program in the amount of $250,000 to the Sulpizio Family Branch Boys and
Girls Club to provide programming activities to serve Poway's affordable
housing youth, (0490-53)
22, Approval of the completion of the Tannin Drive Road Widening and Additional
Parking Project (#1289) by Scheidel Contracting & Engineering, Inc,
(0700-10)
Motion carried unanimously,
ITEM 1 (0740-20 #591)
ORDINANCE NO, 591/SECOND READING
AMENDING SECTION 10,32,010
POWAY MUNICIPAL CODE
ESTABLISH SPEED LIMITS
VALLE VERDE AREA
SOUTH OF ESPOLA ROAD
Mayor Cafagna opened the public hearing and read the title of Ordinance No, 591,
"An Ordinance of the City of Poway, California, Amending Section 10,32,010 of the
Poway Municipal Code to Establish Speed Limits on Certain Roadways in the Valle
Verde Area, South of Espola Road," Councilmember Higginson stated he would be
disqualifying himself from participation on this item as his home is within 500 feet of
the affected area, This item had first reading on October 28, 2003, Item #1,
The following people were present wishing to speak:
Howard Bossert, 16414 Calle Ana, spoke in opposition,
Robert Nelson, 12922 Camino Del Valle, spoke in support,
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Motion by Councilmember Emery, seconded y Mayor Cafagna, to waive further
reading (unanimous vote, close the public hearing and adopt Ordinance No, 591,
Motion carried 4-0 on a roll call vote with Council member Higginson disqualified,
ITEM 2 (0760-30)
POWAY LIGHTING DISTRICT
DUSK TO DAWN STREETLIGHTS
KENNEBUNK STREET
Mayor Cafagna opened the public hearing, Staff report by City Manager Bowersox,
On September 16, 2003, the City Council adopted Resolution No, 03-073 declaring
the intention to add three Kennebunk Street Dusk-to-Dawn streetlights to the Poway
City Lighting District inventory, to increase Lighting District assessments through a
balloted zone change for 30 property owners, and set the public hearing for this
evening, Section 54954,6,c of the California Streets and Highways Code requires any
increase in assessments be undertaken through a formal ballot by mail to all
benefiting property owners, Under Article XIII D of the California Constitution, ballots
were mailed to 30 Kennebunk Street property owners for the addition of the three
existing Dusk-to-Dawn streetlights and an increase in assessments. The City Clerk
has advised that the ballots received as of the 5:00 p,m, deadline totaled 10 in support
and 2 opposed, It is therefore recommended that since the majority support, the
Council adopt the Resolution adding the streetlights to the District and increasing the
assessment rate,
There was no one present wishing to speak,
Motion by Deputy Mayor Rexford, seconded by Councilmember Emery, to close the
public hearing, accept the ballot tallies and adopt Resolution No, 03-088, entitled, "A
Resolution of the City Council of the City of Poway California Adding Three
Kennebunk Street Dusk-To-Dawn Streetlights to the Poway City Lighting District and
Increasing the Assessment Rate for 30 Kennebunk Street Properties," Motion carried
unanimously,
ITEM 3 (0740-20 #593)
ORDINANCE NO, 593/FIRST READING
SENATE BILL 211
EXTENSION OF RDA DEBT LIMITATION
Mayor Cafagna opened the public hearing and read the title of Ordinance No, 593,
"An Ordinance of the City of Poway, California, Eliminating the Time Limit on
Establishment of Loans, Advances and Indebtedness with Respect to the Paguay
Redevelopment Plan," Staff report by City Manager Bowersox, Under recent
changes to the California Redevelopment Law, a City may adopt an Ordinance
amending a pre-1994 Redevelopment Plan to eliminate the time limit for incurring
indebtedness, This action is proposed under what is referred to as SB 211, to
eliminate the time limit for incurring indebtedness for the Paguay Redevelopment
Project Area,
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There was no one present wishing to speak,
Motion by Deputy Mayor Rexford, seconded by Councilmember Emery, to waive
further reading (unanimous vote) and continue the public hearing to December 2,
2003, for second reading and adoption, Motion carried unanimously,
ITEM 4 (0210-30/0740-20 #594)
ORDINANCE NO, 594/FIRST READING
ZONING ORDINANCE AMENDMENT 01-04
RURAL RESIDENTIAL-A TO PLANNED COMMUNITY
GENERAL PLAN AMENDMENT 01-02
SPECIFIC PLAN AMENDMENT 01-02
TENTATIVE TRACT MAP 00-02
CONDITIONAL USE PERMIT 01-05
ENVIRONMENTAL ASSESSMENT
APPLICANT: HIDDEN VALLEY RANCH
Mayor Cafagna opened the public hearing and read the title of Ordinance No, 594,
"An Ordinance of the City of Poway, California, Approving Zoning Ordinance
Amendment (ZOA) 01-04, to Change the Zoning Designation of an Approximate 420-
Acre Site Located on the East Side of Old Coach Road North of the Blue Sky
Ecological Reserve from Rural Residential-A (RR-A) to Planned Community (PC),
Assessor's Parcel Numbers (APN): 277-070-33, 277-080-03 and 277-080-22,"
Introduction by City Manager Bowersox. Staff report by Development Services
Director Fritz, The proposed project, commonly known as Hidden Valley Ranch
(HVR), concerns the approximate 420-acre site located on the east side of Old Coach
Road north of and adjacent to the Blue Sky Reserve in the Rural Residential A Zone,
The site contains the home of, and is an active agricultural ranch operated by Ed and
Barbara Malone, The Malone's are proposing a 41-lot, detached, single-family,
master-planned neighborhood, maintaining the majority of the existing agricultural
operation and the existing residence, creating a private 9-hole golf course, and to set
aside approximately 57 acres of the site as open space, A General Plan Amendment
is requested to change the existing General Plan Land Use designation of the site
from RR-A to PC to allow for the development of 1-net acre minimum lot sizes in a
"clustered" configuration, which does not exceed the allowable residential density of
the existing RR-A General Plan Land Use designation,
The following people were present wishing to speak:
Lori Simon, 15117 Oakstand Ct., representing the Poway Trails Committee, spoke in
support of the staff recommended trail system,
Terry Albert, 14021 Earie Lane, spoke in support of the staff recommended trail
system,
Jack Trip, 16054 Stoney Acres Road, spoke in support of the project and the staff
recommended trail system,
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Mark Brencick, 9555 Genesse Avenue, San Diego, Project Architect, provided a brief
overview of the project and requested consideration of several changes,
John Ponder, 501 W, Broadway, San Diego, Attorney for the Malone" spoke in
support of the project.
Marge Knothe, 13724 Sagewood Drive, inquired as to whether any mature trees
would be lost by the development.
Development Services Director Fritz responded to the requests of the Architect.
General discussion ensued,
Motion by Councilmember Emery to adopt the Planning Resolution as amended to
include the trail system indicated by A & B, no private gate, the road width to include
the trail and the remainder of staffs recommendation, Motion died for lack of a
second,
Motion by Mayor Cafagna, seconded by Deputy Mayor Rexford, to adopt Planning
Resolution No, P-03-75, entitled, "A Resolution of the City Council of the City of
Poway, California Certifying the Final Environmental Impact Report (State
Clearinghouse No, 2001121009) for the Hidden Valley Project, Adopting Candidate
CEQA Findings, Adopting a Mitigation Monitoring and Reporting Program, and
Approving General Plan Amendment (GPA) 01-02, Specific Plan (SP) 01-02,
Tentative Tract Map (TTM) 00-02, and Conditional Use Permit (CUP) 01-05,
Assessor's Parcel Numbers (APN): 277-070-33, 277-080-03 and 277-080-22," as
amended to include the addition of the gate between Lots 3 and 4 at the start of the
private road, the private road standards with inclusion of the trail width, the trail from
Lot 35 east need not be public, Motion carried 3-2 with Councilmember Emery and
Councilmember Goldby voting "no," Councilmember Goldby stated he was voting
"no" only due to the trail, and continued the public hearing for Ordinance No, 594, to
December 2, 2003 for second reading and adoption,
ITEM 5 (0750-20)
PUBLIC NUISANCE ABATEMENT
12818 GOLDEN WAY
APN: 323-280-24-000
OWNER: ROY HABIBI
Mayor Cafagna opened the public hearing, Introduction by City Manager Bowersox,
Staff report by Development Services Director Fritz, This is a public hearing pursuant
to Chapter 8,72 of the Poway Municipal Code to declare the property at 12818 Golden
Way a public nuisance and to order adequate erosion control devices to prevent soils
and sediments from entering into the ephemeral stream leading to Poway Creek, The
owner has been sufficiently notified as to the violations and the required necessary
corrective actions, The City will have a contractor perform the necessary corrective
actions and put a lien on the property for the costs of the work on the 2004-05 tax
rolls,
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The following people were present wishing to speak:
Roy Habibi, 1134 14th Street, Imperial Beach, property owner, spoke in opposition,
Steven Habibi, 113414th Street, Imperial Beach, spoke in opposition,
Cindell Pau, 1324 Iris Avenue, Apt. M, Imperial Beach, spoke in opposition.
Motion by Mayor Cafagna, seconded by Deputy Mayor Rexford, to close the public
hearing and adopt Resolution No, 03-089, entitled, "A Resolution of the City Council of
the City of Poway, California Declaring the Property at 12818 Golden Way a Public
Nuisance, Ordering the Installation of Adequate Erosion Control Devices Assessor's
Parcel Number 323-280-24-00," Motion carried unanimously,
ITEM 6 (0750-20)
PUBLIC NUISANCE ABATEMENT
11612 CREEK ROAD
APN: 320-020-18
OWNER: LlN KUO HUEI/GEORGE & HELEN WU
Mayor Cafagna opened the public hearing, Deputy Mayor Rexford disqualified herself
and stepped down from the dais as her property abuts this property, Introduction by
City Manager Bowersox, Staff report by Development Services Director Fritz, This is
a public hearing pursuant to Chapter 8,72 of the Poway Municipal Code to declare the
property at 11612 Creek Road a public nuisance and to order adequate erosion
control devices to prevent soils and sediments from entering into the storm drain
system leading to Beeler Creek, The owner has been sufficiently notified as to the
violations and the required necessary corrective actions, The City of Poway will have
a contractor perform the necessary corrective actions and put a lien on the property
for the costs of the work on the 2004-05 tax rolls,
The following people were present wishing to speak,
Helen Wu, 11612 Creek Road, spoke in opposition,
Paul Rexford, 11570 Creek Road, spoke in support,
Betty Rexford, 11570 Creek Road, spoke in support,
Motion by Councilmember Goldby, seconded by Mayor Cafagna, to close the public
hearing and adopt Resolution No. 03-090, entitled, "A Resolution of the City Council of
the City of Poway, California Declaring the Property at 11612 Creek Road a Public
Nuisance, Ordering the Installation of Adequate Erosion Control Devices Assessor's
Parcel Number 320-020-18," Motion carried unanimously,
ITEM 7 (0210-50)
MINOR CONDITIONAL USE PERMIT 03-04
MINOR CONDITIONAL USE PERMIT 03-05
OLD COACH ROAD
APNS: 276-140-11 AND 12
APPLICANT: CRAIG FAULKNER
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Mayor Cafagna opened the public hearing, Introduction by City Manager Bowersox,
This is a request for approval to allow the construction of two lighted tennis courts
accessory to two recently approved single-family homes on two separate, contiguous
properties, The sites are Parcels 3 and 4 of Parcel Map 14319, located on the north
side of Old Coach Road, north of the Heritage II Development. APNS: 278-140-11
and 12, This item was continued from October 21,2003, Item #5,
There was no one present wishing to speak,
Motion by Councilmember Higginson, seconded by Councilmember Emery, to close
the public hearing and adopt Planning Resolution No, P-03-76, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Minor Conditional Use
Permit (MCUP) 03-04 Assessor's Parcel Number 276-140-11," and Planning
Resolution No. P-03-77, entitled, "A Resolution of the City Council of the City of
Poway, California Approving Minor Conditional Use Permit (MCUP) 03-05 Assessor's
Parcel Number 276-140-12," Motion carried unanimously,
ITEM 8 (0200-25)
HILLSIDE/RIDGELINE
MINOR DEVELOPMENT REVIEW 03-64
APN: 322-041-24
APPLICANT: TOM FEE
Staff report by City Manager Bowersox, This is a request for approval to construct a
modular single-family residence, 14 feet in height, consisting of 1,681-square-feet of
living space and a detached 720-square-foot garage at the terminus of Crestline Drive,
south of Iron Mountain Road, APN: 322-041-24,
There was no one present wishing to speak,
Motion by Councilmember Higginson, seconded by Councilmember Emery, to adopt
Planning Resolution No, P-03-78, entitled, "A Resolution of the City Council of the City
of Poway, California Approving Minor Development Review Application (MDRA) 03-64
Assessor's Parcel Number 322-041-24," Motion carried unanimously,
ITEM 9 (0630-07)
PUBLIC LANE USE REQUEST
POWAY COMMUNITY SWIM CENTER
Staff report by City Manager Bowersox, During Public Oral Communications at the
October 7, 2003 meeting of the City Council, Mr, Bill Muter addressed the issue of
lane usage at the Community Swim Center. Mr. Muter requested that the City Council
cancel Pacific Swim Team's use of three of the seven lanes that are currently used for
their youth swim team practice from 3:30 to 5:30 p,m, each weekday, Mr. Muter's
request is to reduce the number of swim team lanes from seven to four, thus providing
three additional lanes for public lap swimming, bringing the total number of public lap
swim lanes to six during this time frame,
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Staff has reviewed the history of lane allotment practices and policies that have
developed over a 15 year period; the past Council action established the current lane
allotment practices and procedures to ensure that three lanes are always available for
public use during public time, Staff finds that public demand for the lap lanes does not
support reducing the swim team lane allotment on a regular basis, Staff actively
monitors pool use and can easily alter team use on an as-needed basis should public
demand outweigh lane availability,
The following people were present wishing to speak:
Oi Molenaar, 14343 Silverset, representing the Poway Swim Team, responded to
questions of the Council.
Bill Muter, 13300 Twin Circle Court, expressed his views on the lane allocation,
Motion by Deputy Mayor Rexford, seconded by Council member Goldby, to approve
the staff recommendation to maintain the current policy of establishing a priority
system for lane use, Motion carried unanimously,
CITY MANAGER ITEMS
23, City Manager Bowersox did not provide a State Budget Update, (0150-50)
24. City Manager Bowersox presented the Report of Expenditures for the period of
November 4-18,2003, made under authority of Resolution 03-084 adopted on
October 28, 2003, (0320-30)
City Manager Bowersox provided a brief update on the status of the San Vicente
Pipeline project, inclusive of a new proposal by McMillin Development to be
considered at the next San Diego County Water Authority Board Meeting,
MAYOR AND CITY COUNCil-INITIATED ITEMS
27A. Deputy Mayor Goldby requested consideration of directing staff to prepare an
Ordinance for the establishment and implementation of the DUIIDWI Poster
Program for Public Restrooms within On-Sale Establishments in Poway as
proposed by the Designated Drivers Association, (0350-80)
Council concurred to write a letter of support and recommended a voluntary
compliance vs, an Ordinance at this time; the letter and redesigned posters to
be hand carried to the establishments serving liquor. A report to be brought
back at a future date,
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27B, Council member Goldby requested and Poway Rotary Club President, Mark
Womack and Marilee Boyack provide a brief verbal update on the status on the
"Fire Relief Fund" noting that no additional funds were needed at this time,
(0320-30)
29, Deputy Mayor Rexford requested staff continue looking for another location for
the Poway DMV; spoke regarding the Hillside Village Award Program which
provides college scholarships; requested staff look into the road widening being
done by McMillin on Pomerado Road where they are installing 4 lanes by their
project and then dropping to 1 at the entrance to Poway; expressed sorrow at
the loss of the buildings in Gooden Ranch and suggested looking into re-
building the main house; and spoke about feeding the animals in need due to
their loss of habitat from the fire,
30, Mayor Cafagna did not provide a Regional Governance update, (0150-20)
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 11:40 p,m, upon motion by Councilmember
Higginson, seconded by Council member Goldby, Motion carried unanimously,
~.l) IK ~~~
0 i Anne Peoples, Ity Clerk
City of Poway
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