CC 2004 01-27
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JANUARY 27,2004
The January 27, 2004, 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 Assistant City Manager
Tamara Smith City Attorney
Lori Anne Peoples City Clerk
Patti Brindle City Planner
Robert Clark Director of Community Services
Jim Howell Director of Public Works
Dennis Quillen Assistant Director of Public Works
Deborah Johnson Director of Redevelopment Services
Linda Barnett Sheriffs Captain
Javid Siminou City Engineer
Tom Howard Utilities Manager
Paolo Romero Management Assistant
PLEDGE OF ALLEGIANCE
Deputy Mayor Higginson led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications.
There was no one present wishing to speak.
CONSENT CALENDAR
Councilmember Goldby requested Item #20 be pulled for discussion. Motion by
Councilmember Emery, seconded by Deputy Mayor Higginson, to approve the
remainder of the Consent Calendar as follows:
9. Ratification of Warrant Registers for the periods December 8-12, 2003,
December 15-19, 2003, December 22-26, 2003 and December 29, 2003
through January 2, 2004. (0475-20)
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10. Approval of Minutes - City Council
January 6, 2004 - Regular Meeting
January 8, 2004 - Canceled Adjourned Regular Meeting
12. Approval of Minutes - Poway Public Financing Authority
January 6, 2004 - Regular Meeting
13. Approval of City's Investment Report as of November 30, 2003. (0450-80)
14. Approval of Release of Grading Bond No. BE2620718 in the amount of
$261,100 for MDRA 02-06, CUP 85-03M(4), AZ Poway/Mossy Nissan, Inc.,
Alex Zirpolo, Applicant. 14000-14110 Poway Road, APNs: 323-190-58, 64, 68
and 69. (0210-30)
15. Appropriation of $23,771 from the General Fund for Safety Services Equipment
which will be repaid with funding from the Domestic Preparedness Equipment
Program Grant. (0490-53)
16. Approval of Final Map for Tentative Tract Map 02-03, Approval of Agreement
Relating to Public Improvements, and adoption of Resolution No. 04-001 -
Ordering the Expansion of Poway Landscape Maintenance District No. 83-1
and City of Poway Lighting District, Zones A and C, with the Annexation of
APN: 314-192-65 by Written Consent of Property Owner. (0200-60)
17. Rejection of Claim Against the City (1) Elaine Pappas, Alfred J. Pappas, Lacee
Pappas and Alfred Joseph Pappas. (0190-10)
18. Adoption of Resolution No. 04-002 - Accepting the Grant in Fee Title of Parcel
2 of Parcel Map 18019 from Tech Business Center, LLC. Gregg Street, APNs:
317-271-77 and 78. (0780-08)
19. Acceptance of Landscape Maintenance District 86-1 Landscape Improvements
from Vision Homes. Tentative Parcel Map 01-03. APN: 278-170-03. (0200-50)
21. Adoption of Resolution No. 04-003 - Authorizing Sponsorship of the City of
Poway Tree Committee's Submittal of a Grant Application to the California
Releaf 2004 Urban Forestry Grant Program. (0490-53)
21.1 Report of Expenditures from January 6, 2004 to January 26, 2004, pertaining to
the Cedar Fire, made under authority of Resolution No. 03-084, adopted on
October 28, 2003. (0320-30)
Motion carried unanimously.
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ITEM 1 (0740-20 #592)
ORDINANCE NO. 592/FIRST READING
SOLID WASTE, RECYCLABLES, YARD WASTE
HANDLING SERVICES
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 592,
"An Ordinance of the City of Poway, California, Amending Certain Sections of Chapter
8.68 of the Poway Municipal Code Regarding Solid Waste, Recyclables, Yard Waste
and Other Compostables Handling Services." This item was continued from the
October 28, 2003 Council meeting, Item #2. Staff report by City Manager Bowersox.
Currently the Poway Municipal Code allows the franchisee to remove any
unauthorized container placed within the boundaries of the City. The proposed
amendment will allow the franchisee to recover the costs of disposal and
transportation of the unauthorized container to their facility, and charge a daily
impound fee for the storage of the container. It also determines a container to be
abandoned if not claimed within 60 days of the abatement, at which time it becomes
the property of the franchisee. The proposed ordinance also updates other sections of
the PMC to correspond with the change to automated storage containers for solid
waste and recyclables; and to correspond with a program change from a "drop-off'
event one day a year, to a "self-haul" event two times per year, which was approved
by the Council on February 11, 2003.
Motion by Councilmember Goldby, seconded by Councilmember Emery, to waive
further reading. Motion carried unanimously. Motion by Council member Goldby,
seconded by Councilmember Emery, to continue the public hearing to February 10,
2004 for second reading and adoption. Motion carried 4-1 with Councilmember
Rexford voting "no."
ITEM 2 (0210-50)
MINOR CONDITIONAL USE PERMIT 03-08
APPLICANT: JAN KREMER
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a request to legalize a seatainer to be used as storage for hay, grain, and farm
equipment. The seatainer storage unit is 40-foot-long by 10-foot-wide by 10-foot-tall
and is located at 15462 Marker Road.
There was no one present wishing to speak.
Motion by Council member Goldby, seconded by Deputy Mayor Higginson, to close the
public hearing and adopt Planning Resolution No. P-04-08, entitled, "A Resolution of
the City Council of the City of Poway, California Approving Minor Conditional Use
Permit 03-08 to Allow a Seatainer to be Used for Storage at 15462 Markar Road
Assessor's Parcel Number 278-180-72." Motion carried unanimously.
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ITEM 3 (0210-30)
CONDITIONAL USE PERMIT 03-10
VARIANCE 03-10
DEVELOPMENT REVIEW 03-11
13530 POMERADO ROAD
APPLICANT ISMAIL A. AQIL
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a request to allow the construction of an auto repair building and legalization
of an equipment rental facility (U-Haul) on an existing developed commercial site at
13530 Pomerado Road. A Variance is also requested to allow the new auto repair
facility to observe a O-foot setback where a 25-foot setback is required adjacent to a
residential zone. APN: 317-021-25.
The following person was present wishing to speak:
Warren Beecroft, representing Valley West Tennis Club Apartments, expressed
opposition to the O-foot setback.
General discussion ensued with Councilmembers Emery, Goldby and Rexford stating
that they could not support the O-foot setback.
Motion by Mayor Cafagna, seconded by Councilmember Goldby to continue the item
to February 17, 2004. Motion carried unanimously.
ITEM 4 (0740-20 #596)
ORDINANCE NO. 596/FIRST READING
INCREASE COMPENSATION
MAYOR AND COUNCIL
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 596,
"An Ordinance of the City of Poway, California, Amending Title 2, Chapter 2.04 of the
Poway Municipal Code by the Amendment of Section 2.04.020 to Increase the
Compensation of the Members of the City Council and the Mayor."
There was no one present wishing to speak.
Motion by Council member Emery, seconded by Council member Rexford, to waive
further reading (unanimous vote) and continue the public hearing to February 10,
2004, for second reading and adoption. Motion carried unanimously.
ITEM 5 (0200-25)
HILLSIDE/RIDGELINE
MINOR DEVELOPMENT REVIEW APPLICATION 03-43
OWNER: THOMAS & BEVERLY NODES
APPLICANT: ROGER MOHLING
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Staff report by City Manager Bowersox. This is a request to allow the construction of
an 8,683 square-foot, two-story, single-family residence with an attached 1,258-
square-foot garage, a 2,388 square-foot detached shop/barn/storage building, and an
approximately 600-square-foot second living unit with a 400-square-foot garage, on a
25.13 acre property located at 15535 Westview Road. APNs: 321-110-46 and 321-
111-23. This item was continued from the Council meeting of January 6, 2003, Item
#4.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Deputy Mayor Higginson, to adopt
Planning Resolution No. P-04-09, entitled, "A Resolution of the City Council of the
City of Poway, California Approving Minor Development Review Application (MDRA)
03-43 for the Nodes Residence Assessor's Oarcel Numbers 321-110-46 and 321-
111-23." Motion carried 4-1 with Councilmember Rexford voting "no."
ITEM 6 (0350-60)
STATUS REPORT
ILLEGAL ENCAMPMENT ACTIVITIES
Staff report by City Manager Bowersox. This report represents information from the
fourth quarter of 2003, covering October through December, as well as a summary of
the year 2003.
No objection as filed.
ITEM 7 (0930-70)
UPDATE REPORT
CROSS-CONNECTION CONTROL PROGRAM
Introduction by City Manager Bowersox. On October 7, 2003, Council heard a staff
presentation regarding a proposed ordinance to codify the Cross-Connection Control
Program. A proposed change to the Program would add certain costs and
responsibility to the 300+ commercial property owners who have a fire sprinkler
system with a Post Indicator Valve. The discussion generated some questions which
the report addresses.
Motion by Councilmember Emery, seconded by Councilmember Goldby, to receive
and file the report and direct staff to prepare an Ordinance adding Chapter 13.14 to
the Poway Municipal Code relating to Cross-Connection Control. Motion carried
unanimously.
ITEM 8 (0700-10)
MANAGEMENT AGREEMENT
POWAY ROYAL ESTATES MOBILEHOME PARK
WAKELAND HOUSING AND DEVELOPMENT
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Introduction by City Manager Bowersox. Staff is proposing the transfer of contract
management of Poway Royal to Wakeland Housing which is consistent with the City's
long-term goal to transfer the park when it is financially feasible to do so.
Contract management of Poway Royal will clarify and refine the total cost of managing
the park, as the Redevelopment Agency and other City departments currently absorb
certain costs. They will also begin a process of separation between city functions and
park management responsibilities, which would provide a gradual adjustment for the
residents.
An added component proposed under this Agreement would be the provision of a
resident services program similar to the program that has been initiated at Poinsettia.
These services include health services for seniors, recreation services, and after-
school programs for youth.
The following people were present wishing to speak in support:
Dick Howard, 12818 Rios Road, Commissioner, Poway Housing Commission
Tom Tremble, 18049 Old Coach Road, Chairman, Poway Housing Commission
Dallas Hayden, 13223 Dana Vista #127, Resident of Poway Royal, President of
Poway Royal Mobile Home Association and Commissioner, Poway Housing
Commission
Ken Sauder, 625 Broadway, #611 San Diego, representing Wakeland Housing and
Development
Motion by Mayor Cafagna, seconded by Councilmember Rexford, to authorize the City
Manager to execute a Management Agreement with Wakeland Housing, and approve
two agreement extensions subject to review of Agency General Counsel. Motion
carried unanimously.
ITEM 20 (0860-10)
REPORT
OAK KNOLL ROAD PARKING CONDITIONS
Councilmember Goldby stated he had requested this item be removed from the
Consent Calendar for discussion as staff is recommending no changes be made at
this time and he feels, based on input from the neighborhood, that there is a need to
add striping to designate the parking areas.
Motion by Council member Goldby, seconded by Deputy Mayor Higginson to accept
the report with the addition of striping being added to designate parking spaces.
Motion carried 4-1 with Council member Rexford voting "no."
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CITY MANAGER ITEMS
22. City Manager Bowersox provided Council with a brief State Budget Update.
(0150-50)
City Manager Bowersox also announced that as one of three national award
recipients for 2004, Assistant City Engineer Brad Kutzner had been awarded
the Jennings Randolph Fellowship Award by the American Public Works
Association.
CITY ATTORNEY ITEMS
23. City Attorney Smith announced that the City of Cerritos was bringing a suit
against the State with regards to the budget crisis and she would bring a report
back for Council review.
MAYOR AND CITY COUNCil-INITIATED ITEMS
28A. Mayor Cafagna did not provide a Regional Governance update. (0150-20)
28B. Mayor Cafagna requested and received Council concurrence for the
appointment of Council member Emery to the Senior Issues Committee.
(0120-70)
28C. Mayor Cafagna requested and received Council concurrence for the
appointment of Pat Bresee to the Senior Issues Committee. (0120-70)
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:00 p.m. upon motion by Councilmember
Rexford, seconded by Councilmember Goldby. Motion carried unanimously.
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