CC 2003 12-16
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
DECEMBER 16, 2003
The December 16, 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
COUNCILMEMBER 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
Dennis Quillin Assistant Director of Public Works
Deborah Johnson Director of Redevelopment Services
Mark Sanchez Director of Safety Services
Patti Brindle City Planner
Scott Edwards Sr. Management Analyst
Paolo Romero Management Assistant
PLEDGE OF ALLEGIANCE
Councilmember Goldby led the Pledge of Allegiance.
PRESENTATIONS
Mayor Cafagna presented 15-Year Service Awards to Ralph Hensley, Water Utilities
Crew Leader and Tom Cullifer, Facilities Maintenance Crew Leader.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications.
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The following people were present and spoke in opposition to the widening of Espola
Road:
Rw. Stavros, 13639 Jackrabbit Road
Aletha Thomson, 14320 Golden Sunset Lane
Jan Robinson, 13043 Adah Lane
Jack Maynard, 14729 Espola Road
Anita Morell, 14711 Espola Road
Martyn Whittaker, 15454 Willow Ranch Trail
Neil Larson, 14643 Espola Road
Terri Rocovich, 14627 Espola Road
Sara Miller, 14633 Carlson Road, who also requested assistance on the crossing at
Twin Peaks and Espola Road
Allen 5terger, 16071 Eucalyptus Heights, inquired as to the status of the widening of
the road and left turn lane on Mina de Oro and Poway Road
Marge Knothe, 13724 5agewood Drive, provided a brief poster board presentation
and expressed her views on a softball complex in Old Poway Park.
CONSENT CALENDAR
Mayor Cafagna stated that he had received a request from the public to pull Item 9 for
discussion and from staff to pull Item Nos. 14 and 15 for discussion. Motion by
Council member Goldby, seconded by Councilmember Emery, to approve the Consent
Calendar as follows:
5. Approval of City's Investment Report as of October 31, 2003. (0450-80)
6. Acceptance of Public Improvements and Approval of Release of Performance
Bond No. 35M 985 542 00 in the amount of $445,000 and Payment Bond No.
35M 985 543 00 in the amount of $55,036 for Tentative Tract Map 89-09 and G
700-90, a 10-lot residential subdivision located at the west end of Del Poniente
Road, Robert H. Williams, OwnerlDeveloper. APNs: 314-840-01 thru 12.
(0700-10)
7. Approval of Release of Grading Bond No. 142735 in the amount of $125,320
for Grading under Permit No. G1230-99 for the Dinunzio Residence located at
14566 Wildgrove Road upon provision by the applicant of the posting of a cash
security in the amount of $31 ,330. APN: 278-280-43. (0190-35)
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8. Approval of Release of Grading Securities posted by Standard Pacific for
Chimney Rock Estates, TIM 4191 9R, a 12-lot residential subdivision located
on Sagecrest Street, Zac Campbell, Standard Pacific Homes: Performance
Bond No. 111 32902468 in the amount of $647,000, Payment Bond No. 111
3290 2468 in the amount of $323,500, Permit Bond No. 111 3290 2484 in the
amount of $80,604, Monument Bond No. 111 3290 2476 in the amount of
$5,000, Grading Bond No. 111 2740 1047 in the amount of $125,600 and
Grading Cash Security in the amount of $31,400. APNs: 314-371-24 through
35. (0200-60)
10. Authorization for the City Clerk to post a copy of the Local Appointments List
required at City Hall and the Library, in compliance with Government Code
§54972, the Maddy Act. (0740-75)
11. Award of Bid for NEC NEAX 2400 IPX Telephone Switch Replacement,
Installation and Service (Bid Schedule No. 04-099) to Expanets in the amount
of $114,668.51. (0480-20)
12. Report of Expenditures for the period of December 2, 2003 to December 16,
2003, pertaining to the Cedar Fire, made under authority of Resolution No. 03-
084, adopted on October 28, 2003. (0320-30)
13. Approval of a $500 Community Contribution for the Poway High School Camp
Human-Kind. (0160-10)
16. Status Report on Pending Legislation: 2003 Summary of Legislative Activities.
(0740-55)
16.1 Approval of Wet on Wild Settlement Funds Expenditure Plan Reallocation.
(0700-10)
Motion carried 4-0 with Deputy Mayor Higginson absent.
ITEM 1 (0740-20 #595)
ORDINANCE NO. 595/SECOND READING
ADDING CHAPTER 17.26
INCLUSIONARY HOUSING
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 595
entitled, "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. This item was continued from December 2, 2003, Item #3.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to waive
further reading (unanimous vote), close the public hearing and adopt Ordinance No.
595. Motion carried 4-0 on a roll call vote, with Deputy Mayor Higginson absent.
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ITEM 2 (0210-30)
CONDITIONAL USE PERMIT 03-11
INDOOR PARTY CENTER
APPLICANT: ONE GOVENOR PARK LP
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a request to establish an indoor party center in an 11,226-square-foot tenant
space within an existing industrial building located at 12760 Danielson Court. APN:
317-223-19.
Dave Dronkers, from Pump-It-Up, representative for the applicant, responded to
questions of the Council.
Motion by Council member Emery, seconded by Councilmember Rexford, to close the
public hearing and adopt Planning Resolution No. P-03-80, entitled, "A Resolution of
the City Council of the City of Poway, California Approving Conditional Use Permit 03-
11 Assessor's Parcel Number 317-223-19." Motion carried 4-0 with Deputy Mayor
Higginson absent.
ITEM 3 (0330-90)
ENVIRONMENTAL ASSESSMENT 03-10
PURCHASE OF 22.68-ACRE PARCEL
APN: 314-193-35
EAST OFMIDLAND AT NORWALK STREET
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
The Poway Redevelopment Agency was approached by a representative of the Kent
Family Trust, owners of a 22.68-acre parcel east of Midland Road at Norwalk Street,
offering the property for sale. This parcel is partially located within the 100-year
floodplain and floodway of Rattlesnake Creek.
Mitigation property has historically sold for approximately $10,000 per acre. An
appraisal confirmed a purchase price of $227,000 for this parcel.
One-acre of this property has been leased for more than 20 years to an individual who
uses the leased portion for horses. Because of this past and current use, staff
believes that the one-acre portion is inappropriate for open space purposes and,
therefore, it is their intent to resell it to the lessee if a price and term can successfully
be negotiated.
The following person was present wishing to speak:
Dee Fleischman, 14428 Midland Road, expressed her views that she would prefer to
see the property designated open-space without recreational trail use.
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Motion by Council member Emery, seconded by Council member Rexford, to close the
public hearing, approve the Negative Declaration and adopt Planning Resolution No.
P-03-81 , entitled, "A Resolution of the City Council of the City of Poway, California,
Approving Environmental Assessment 03-10, Acquisition of Property Located East of
Midland Road at Norwalk Street Assessor's Parcel Number 314-193-35." Motion
carried 4-0 with Deputy Mayor Higginson absent.
ITEM 4 (0320-75)
CITY OF POWAY GOALS, OBJECTIVES & ACTIONS
SAN DIEGO COUNTY
MUL TI-JURISDITCTIONAL MULTI-HAZARD MITIGATION PLAN
Introduction by Mayor Cafagna. This report is entitled to inform the public and receive
approval from the Council, on the City's goals, objectives, and prioritized actions
regarding hazard mitigation. The National Disaster Mitigation Act established a Pre-
Disaster Hazard Mitigation Program that includes new requirements for the National
Post-Disaster Hazard Mitigation Grant Program. It requires states and localities to file
a mitigation plan in order to receive assistance under the Stafford Act for disasters
declared after November 1, 2004. The County of San Diego is the lead agency in our
region and will submit a final hazard mitigation plan to the State of California in 2004.
The State will file the plan with the Federal Emergency Management Agency (FEMA).
Each city must prepare goals, objectives, and possible mitigation actions, and submit
the information to the County for inclusion in the final Multi-Jurisdictional Multi-Hazard
Mitigation Plan.
Motion by Council member Goldby, seconded by Councilmember Emery, to approve
the City of Poway's Goals, Objectives, and Actions for the San Diego County Multi-
Jurisdictional Multi-Hazard Mitigation Plan. Motion carried 4-0 with Deputy Mayor
Higginson absent.
ITEM 9 (0490-53)
GRANT APPLICATION SUBMITIAL
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
RENOVATE POWAY COMMUNITY PARK BOCCE BALL COURTS
Introduction by Mayor Cafagna. Staff report by City Manager Bowersox. This is a
request for approval to submit a grant application for a 2003/2004 Waste Tire Track
and Other Recreational Surfacing Grant Program to the California Integrated Waste
Management Board. The grant could provide $20,000 in revenue for the renovation of
the bocce ball court surfaces at Poway Community Park.
The following person was present wishing to speak:
Gino Russo, 13350 Ann-O-Reno Lane, representing the Poway Family Bocce Club,
spoke in opposition to the proposed grant.
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Motion by Council member Emery, seconded by Councilmember Rexford, to adopt
Resolution No. 03-104, entitled, "A Resolution of the City Council of the City of Poway,
California Approving the Submittal of a Grant Application to the California Integrated
Waste Management Board for Funding Under the 200312004 Waste Tire Track and
Other Recreational Surfacing Grant Program to Renovate the Poway Community Park
Bocce Ball Courts." Motion carried 4-0 with Deputy Mayor Higginson absent, staff to
apply for the grant only, investigation into the use for the bocce court to be brought
back in a report to Council for final approval.
ITEM 14 (0510-50)
RECLASSIFICATION
DEPUTY CITY MANAGER TO ASSISTANT CITY MANAGER
Staff report by City Manager Bowersox. This item proposes the reclassification of the
Deputy City Manager to Assistant City Manager effective January 1, 2004.
Motion by Councilmember Emery, seconded by Mayor Cafagna, to approve staff
recommendation. Motion carried 4-0 with Deputy Mayor Higginson absent.
ITEM 15 (0700-10)
REORGANIZATION
CITY ATIORNEY'S OFFICE
APPOINTMENT OF GENERAL COUNSEL TO
POWAY REDEVELOPMENT AGENCY
Staff report by City Manager Bowersox. A reorganization of the City Attorney's Office
is proposed. Tamara A. Smith would assume the role of City Attorney, while Stephen
M. Eckis would become Special Counsel to the City of Poway. Mr. Eckis would
continue to serve as General Counsel of the Poway Redevelopment Agency.
Motion by Council member Goldby, seconded by Councilmember Emery, to approve
staff recommendation. Motion carried 4-0 with Deputy Mayor Higginson absent.
CITY MANAGER ITEMS
17. City Manager Bowersox provided Council with a brief State Budget Update.
(0150-50)
MAYOR AND CITY COUNCIL-INITIATED ITEMS
19. Council member Emery requested a status report on the "Red Light Cameras"
be brought back on a future Agenda.
20A. Council member Goldby requested his request for a gate on Orchard View Lane
be continued to the next meeting at which a full Council would be present for
discussion. (0210-70)
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Motion by Councilmember Goldby, seconded by Mayor Cafagna, to continue
this item to the next meeting when a full Council would be present. Motion
carried 3-1 with Council member Emery voting "no" and Deputy Mayor
Higginson absent.
23A. Mayor Cafagna requested and received Council concurrence to appoint Deputy
Mayor Higginson to the Metropolitan Wastewater Commission. (0150-20)
23B. Mayor Cafagna provided Council with a brief Regional Governance update.
(0150-20)
23C. Mayor Cafagna requested and received Council concurrence to hold a Pre-
Development Conference for Sprint Wireless, for consideration of a
telecommunications facility on the Abraxas School site located at 12450 Glen
Oak Road on January 13, 2004. (0200-30)
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:50 p.m. upon motion by Councilmember
Goldby, seconded by Councilmember Rexford. Motion carried 4-0 with Deputy Mayor
Higginson absent.
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