CC 2003 12-02
CITY OF POWAY. CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
DECEMBER 2, 2003
The December 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, Betty Rexford, Mickey Cafagna
COUNCILMEMBERS ABSENT
Don Higginson
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
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.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications.
The following people were present wishing to speak:
Merrilee Boyack, representing the Poway Rotary Club, spoke regarding the Rotary
Christmas Boutique success, presenting the Mayor and Council with a CD of photos,
as well as the success of the Fire Relief Fund.
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R. W. Stavros, 13639 Jackrabbit Road, made inquiry regarding truck use of Espola
Road and speed limits.
Dee Fleischman, 14428 Midland Road, spoke regarding an article in the North County
Times stating that a burned Oak tree can take up to three years to show signs of life.
She also made reference to an Escondido man who makes artificial palm trees.
City Attorney Eckis requested Council consideration to add an item onto the Agenda
as the need to take action arose after the posting of the Agenda. The item would be
Consent Calendar Item 20.1, a Community Contribution of $1,500 to the poway Pop
Warner's Fighting Spartan Midget Football Team.
Motion by Councilmember Emery, seconded by Mayor Cafagna to add Item 20.1 to
the Consent Calendar. Motion carried 4-0 with Council member Higginson absent.
CONSENT CALENDAR
Mayor Cafagna stated that a request from staff to continue Item 12 to the December 9,
2003 meeting and public requests were received to pull Item Nos. 16 and 17 for
discussion. Motion by Council member Goldby, seconded by Council member Emerv.
to approve the Consent Calendar as follows:
4. Ratification of Warrant Registers for the period of October 20-24, October 27-
31, and November 3-7, 2003. (0475-20)
5. Approval of Minutes - City Council
November 4, 2003 - Regular Meeting
November 6. 2003 - Canceled Adjourned Regular Meeting
November 6, 2003 - Special Meeting
November 11, 2003 - Canceled Regular Meeting
7. Approval of 2004 Calendar of Canceled Meetings. (0710-95)
8. Approval of a Report of Administrative Action Taken on City Council-Initiated
and Public Inquiry Items for the period of July 1, 2003 through September 31,
2003. (0710-95)
9. Status Report on the Domestic Violence Counseling Program. (0350-22)
10. Rejection of Claim Against the City: (1) Axel Scholz. (0190-10)
11. Adoption of Planning Resolution No. P-O3-79 - Approving Temporary Use
Permit 03-106 to Hold "Christmas in the Park 2003" at Old Poway Park, 14134
Midland Road, on Saturday, December 13, 2003 from 4:30 p.m. to 8:30 p.m.
(0210-60)
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12. Acceptance of the Poway Fire Station No.3 - Mass Grading Project (#5537),
from Single Eagle, Inc. dba Concrete Contractors Interstate at 14322
Pomerado Road. (Continued to December 9, 2003) (0700-10)
13. Approval of Final Map for Tentative Parcel Map 01-05 and Adoption of
Resolution No. 03-092 - for Annexation into Landscape Maintenance District
87-1 and City of Poway Lighting District, Zones A and C; Dynasty Development
LLC, Applicant. 11550 Creek Road, APN: 320-020-16.
(0200-50/0760-20/0760-30)
14. Approval of Release of Grading Securities, Grading Bond # 184 81 85 in the
amount of $122,640 and a cash security of $30,660 for Oak Knoll Village; Tom
Ricker, Nielsen Development, Applicant; TIM 01-01, APNs 317-501-11 thru 24.
(0200-60)
15. Adoption of Resolution No. 03-093 - Prohibiting Overnight Parking on City-
Owned Properties. (0860-20)
18. Acceptance of Task 1 and Task 2 of the Demolition of Residential and Other
Miscellaneous Structures and Hazardous Materials Abatement As-Needed
Services from Clauss Construction for property located at 13932 York Avenue,
13930 York Avenue, 14055 York Avenue and 14030 York Avenue. (0700-10)
19. Report of Expenditures for the period of November 18, 2003 to December 2,
2003 pertaining to the Cedar Fire, made under authority of Resolution No. 03-
084, adopted on October 28, 2003. (0320-30)
20. Adoption of Resolution No. 03-103 - Approving the Submittal of an Application
for Disaster Relief Financial Assistance under Public Law 98-288 and/or the
California Disaster Assistance Act. (0320-30)
20.1 Approval of a $1,500 Community Contribution for the Poway Pop Warner's
Fighting Spartan Midget Football Team. Motion by Councilmember Emery,
seconded by Mayor Cafagna to approved, 4-0 with Councilmember Higginson
absent. (0160-10)
Motion carried 4-0 with Council member Higginson absent.
ITEM 1 (0740-20 #593)
ORDINANCE NO. 593/SECOND 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." This item was continued from November 18, 2003, Item #3.
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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.
There was no one present wishing to speak.
Motion by Deputy Mayor Rexford, seconded by Councilmember Emery, to waive
further reading (unanimous vote), close the public hearing and adopt Ordinance No.
593. Motion carried 4-0 on a roll call vote with Councilmember Higginson absent.
ITEM 2 (0210-30/0740-20 #594)
ORDINANCE NO. 594/SECOND READING
ZONING ORDINANCE AMENDMENT 01-04
RURAL RESIDENTIAL-A TO PLANNED COMMUNITY
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." This
item was continued from November 18, 2003, Item #4. Summary of staff report by City
Manager Bowersox. 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:
Louis Tooch, 14105 Powers Road, inquired as to whether this was a Proposition FF
Issue.
RW. Stavros, 13639 Jackrabbit Road expressed opposition to the development of a
planned community.
Terry Rocovich, 14627 Espola Road, expressed concerns with trail access.
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Ed Malone, 17150 Old Coach Road, owner, responded to questions of the Council
and public.
Motion by Mayor Cafagna, seconded by Deputy Mayor Rexford, to waive further
reading. Motion carried 4-0 with Councilmember Higginson absent.
Motion by Mayor Cafagna, seconded by Deputy mayor Rexford, to close the public
hearing and adopt Ordinance No 593. Motion carried 3-1 on a roll call vote with
Council member Emery voting "no" and Councilmember Higginson absent.
ITEM 3 (0740-20 #595)
ORDINANCE NO. 595/FIRST READING
AMENDING CHAPTER 17.26
INCLUSIONARY HOUSING
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 595, "An
Ordinance of the City of Poway, California, Amending Chapter 17.26 of the Poway
Municipal Code Regarding Inclusionary Housing." Staff report by City Manager
Bowersox. Poway adopted an Ordinance amending Poway's Municipal Code to
establish inclusionary housing requirements in support of Poway's Housing Element
goals to provide affordable housing to low-income renters and buyers. The Ordinance
implemented an in-lieu fee schedule to be paid by builders whose project could not
accommodate the required units or when the requirements would result in fractional
units. An amendment of this Ordinance is needed in order to 1 \ allow the use of these
in-lieu funds to support the development of units affordable to moderate-income
buyers, 2) change the definition of affordable housing expenses to reflect industry
standards and 3) to change the density bonus and terms of affordability to reflect
current state law.
There was no one present wishing to speak.
City Attorney Eckis noted that the fourth 'Whereas" would not be included in the
second reading.
Motion by Councilmember Emery, seconded by Deputy Mayor Rexford, to waive
further reading (unanimous vote), and continue the public hearing to December 16,
2003 for second reading and adoption. Motion carried 4-0 with Councilmember
Higginson absent.
ITEM 16 (0430-50)
APPROPRIATION OF FUNDS
CAPITAL IMPROVEMENT PROGRAM
REVISION OF FISCAL YEAR 2003-2004
CAPITAL IMPROVEMENT PROGRAM BUDGET
Introduction by Mayor Cafagna. Staff report by Executive Director Bowersox. This
report requests approval of Appropriation and Benefit Resolutions to authorize the 2nd
quarter FY 2003-04 amendment to the City's Capital Improvement Program.
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This report includes the Appropriation of Funds in the amount of $25,092,610 for the
City's Capital Improvement Program from the 2003 Tax Allocation Bond Issue.
The following people were present wishing to speak:
RW. Stavros, 13639 Jackrabbit Road, spoke in opposition to the Espola Road
Widening - Old Coach to Western City Limit appropriation.
Lynette Perkes, 15832 Lime Grove Road, expressed opposition to the Poway Road
Mixed Use appropriation.
Dee Fleischman, 14428 Midland Road, expressed concerns that committing money to
certain projects puts the project in concrete and made additional inquiries.
Motion by Mayor Cafagna, seconded by Councilmember Goldby to adopt Resolution
No. 03-094, entitled, "A Resolution of the City Council of the City of Poway, California
Approving a Revised Capital Improvement Program Budget for Fiscal Year 2003-
2004," and Benefit Resolution Nos. 03-095, entitled, "A Resolution of the City Council
of the City of Poway, California Determining that the Big Stone Lodge Rehabilitation
Project is of Benefit to the Paguay Redevelopment Project," Resolution No. 03-096,
entitled, "A Resolution of the City Council of the City of Poway, California Determining
that the Budwin Lane Traffic Signal Project is of Benefit to the Paguay Redevelopment
Project," Resolution No. 03-097, entitled, "A Resolution of the City Council of the City
of Poway, California Determining that the Oak Knoll Widening Project is of Benefit to
the Paguay Redevelopment Project," Resolution No. 03-098, entitled, "A Resolution of
the City Council of the City of Poway, California Determining that the Old Poway
Neighborhood Improvements Project is of Benefit to the Paguay Redevelopment
Proiect." Resolution No. 03-099, entitled, "A Resolution of the City Council of the City
of Poway, California Determining that the Poway High Sports Field Turf Project is of
Benefit to the Paguay Redevelopment Project," Resolution No. 03-100, entitled, "A
Resolution of the City Council of the City of Poway, California Determining that the
Poway Road District Identification Program is of Benefit to the Paguay Redevelopment
Project," Resolution No. 03-101, entitled, "A Resolution of the City Council of the City
of Poway, California Determining that the Poway Road Identification Project is of
Benefit to the Paguay Redevelopment Project. " Motion carried 4-0 with
Council member Emery voting "no" on the Community Park Parking Lot Expansion and
the Poway Road Mixed Use Project, and Director Higginson absent.
ITEM 17 (0850-60)
INSTALLATION OF STOP AND YIELD SIGNS
MCFERON ROAD EAST OF POMERADO ROAD
Introduction by Mayor Cafagna. Staff report by City Manager Bowersox. At the Traffic
Safety Committee meeting on August 12, 2003, two McFeron Road residents
presented a well-organized report and a petition signed by many area residents who
are in favor of installing traffic control devices at various intersections along McFeron
Road. After investigation by City staff, the Traffic Safety Committee recommends
installation.
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The following people were present wishing to speak:
Marvin Herbert, 13609 Celestial Road, spoke in opposition to the proposed sign at
Tobiasson and McFeron.
Lisa Othmer, 12537 McFeron Road, spoke in support.
Motion by Councilmember Emery, seconded by Deputy Mayor Rexford, to close the
public hearing and adopt Resolution No. 03-102, entitled, "A Resolution of the City
Council of the City of Poway, California, to Install Stop and Yield Signs at Certain
Intersections Along McFeron Road East of Pomerado Road." Motion carried 4-0 with
Councilmember Higginson absent.
CITY MANAGER ITEMS
21. City Manager Bowersox advised Council that the insurance was extended for
the Railway in Old poway Park through the Holidays and that two viable quotes
had been received and were in the process of being reviewed.
City Manager Bowersox provided a brief update on the Cedar Fire
Expenditures. (0320-30)
City Manager Bowersox provided a brief State Budget Update. (0150-50)
CITY ATTORNEY ITEMS
22A City Attorney Eckis requested the following Closed Session:
Public Employee Performance Evaluation
Government Code §54957
Position Title: City Attorney
MAYOR AND CITY COUNCIL-INITIATED ITEMS
23. Council member Emery requested staff to look into the placing of temporary
signage throughout the burned hillside areas as bicycle and motorcycle riders
are now accessing them and causing more erosion. He also requested staff
look into why there were search lights up in the business park.
25. Councilmember Goldby thanked the Poway Kiwanis and the Chieftain for their
sponsorship of the Salute to Hero's Luncheon that was held up at Lake Poway.
27A. Mayor Cafagna did not provide a Regional Governance update. (0150-20)
27B. Mayor Cafagna requested and received Council concurrence for the
appointment of Alix Giroux to the Teen Issues Committee. (0120-80)
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Mayor Cafagna reminded all present that there would not be a Council
Workshop on December 4th He then reminded them to attend the Annual
Holiday Mixer on the evening of December 4th, sponsored by the City and the
poway Chamber of Commerce at the Poway Center for the Performing Arts.
CLOSED SESSION
Mayor Cafagna requested a Closed Session at 8:45 p.rn. as requested by the City
AttOrney.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 9:21 p.m. and adjourned the
meeting at 9:22 p.m. upon motion by Councilmember Emery, seconded by Deputy
Mayor Rexford. Motion carried 4-0 with Councilmember Higginson absent.
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