CC 2004 05-04
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MAY 4,2004
The May 4, 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, Betty Rexford, Mickey Cafagna
COUNCILMEMBERS ABSENT
Don Higginson
STAFF MEMBERS PRESENT
James Bowersox City Manager
Penny Riley Assistant City Manager
Steve Eckis Special Counsel
Lori Anne Peoples City Clerk
Warren Shafer Director Administrative Services
Peggy Stewart Community Services Manager
Jim Howell Director of Public Works
Mark Sanchez Director of Safety Services
Charlie Campe Sheriff's Captain
Patti Brindle City Planner
Javid Siminou City Engineer
Ingrid Alverde Redevelopment Agency Manager
Lawrence Brillon Multi-Media Specialist
Paolo Romero Management Assistant
PLEDGE OF ALLEGIANCE
Councilmember Goldby led the Pledge of Allegiance.
PRESENT A TIONS
Mayor Cafagna presented Certificates and Badges to the 20th Graduating Class of
Reserve Park Rangers and Reservists. (0710-40)
Mayor Cafagna presented Grad Nite checks to Grad Nite Committee Representatives
Rebecca Hernandez for Poway High, Deb Milne for Rancho Bernardo High and Tom
Farrel for Abraxas High. (0160-10)
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PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications.
The following people were present wishing to speak:
Jeffery Anderson, 330 W. Broadway, San Diego, representing the District Attorney's
Office, offered their services to the City and citizens of Poway.
Mike Fry, 12819 Selma Court, inquired on the use of parks in Poway.
CONSENT CALENDAR
Motion by Council member Goldby, seconded by Council member Emery to approve
the Consent Calendar as follows:
13. Ratification of Warrant Registers for the periods of March 29, 2004 through
April 2, 2004 and April 5-9, 2004. (0475-20)
14. Approval of City's Investment Report as of March 31, 2004. (0450-80)
15. Final Report of Expenditures from April 20, 2004 to May 3, 2004, pertaining to
the Cedar Fire, made under authority of Resolution No. 03-084, adopted on
October 28, 2003, and adoption of Resolution No. 04-027 - Rescinding
Resolution No. 03-084 Regarding Emergency Suspension of Notice and
Bidding Requirements. (0320-30)
16. Release of Grading and Improvements Bonds for TIM 90-06, inclusive of
Grading Bond No. 184 59 46 in the amount of $208,000; Performance Bond
No. 1845947 in the amount of $422,488; Payment Bond No. 1845947 in the
amount of $211,244; Monument Bond No. 184 59 48 in the amount of $5,000;
and a grading cash security in the amount of $40,000. Dennis Fertig, Pacific
Scene Homes, Applicant. APNs: 314-850-01 thru 08. (0200-2010700-10)
17. Release of Grading Security for Los Arcos inclusive of Grading Bond No.
929214054 in the amount of $8,960; Surety Rider in the amount of $129,880;
Surety Rider in the amount of $138,840, and a grading cash security of
$34,710. Dan Tocci, Retirement Housing Foundation, Inc., Applicant. APN:
275-780-12. (0210-3010700-10)
18. Adoption of Planning Resolution No. P-04-31 , entitled, "A Resolution of the City
Council of the City of Poway, California Approving Temporary Use Permit 04-16
to hold the Community Band Festival 2004" at Old Poway Park, 14134 Midland
Road, on Saturday, May 15, 2004 from 12:00 p.m. to 7:00 p.m., and on
Sunday, May 16, 2004 from 12:00 p.m. to 7:30 p.m. (0210-60)
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19. Approval of a Consultant Agreement Between the Poway Redevelopment
Agency and Construction Quality Assurance Group (CQAG) for Inspection
Services for the Old Poway Park Train Barn Expansion project. (0700-10)
20. Approval of proposed revisions to the Performing Arts Advisory Committee
Charter. (0120-50)
21. Adoption of Resolution No. 04-028 - Commending Eagle Scout Brandon K.
Ballard. (0710-40)
22. Approval of Appropriation of Funds in the amount of $168,510 from the General
Fund, Water Fund and Sewer Fund's Undesignated Fund Balance to the City
Office Building Project #1539 and of a Contract Amendment for douglas e.
barnhart, inc., for Construction Management Services. (0700-10)
22.1 Approval of Positions on Pending Legislation: Support AB 2690, Public Works
Funds; SB 1839, Construction Contracts: Indemnity Agreements. Oppose AB
2406, Fire Safety; SB 1659, Eminent Domain: Compensation; and the
Amendments to AB 2243, County Water Authorities. (0740-55)
Motion carried 4-0 with Deputy Mayor Higginson absent.
ITEM 1 (0740-20)
ORDINANCE NO. 599/SECOND READING
AMENDING TITLE 16, DIVISION V
FLOODPLAIN MANAGEMENT
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 599,
"An Ordinance of the City of Poway, California, Amending Title 16, Division V, of the
Poway Municipal Code Pertaining to Floodplain Management." Staff report by City
Manager Bowersox. The City is a participant in the National Flood Insurance Program
(NFIP), which is administered by the Federal Emergency Management Agency
(FEMA). Staff from the State Department of Water Resources (DWR), on behalf of
FEMA, recently met with the City staff to evaluate various aspects of the City's
Floodplain Management Program. From this evaluation, DWR determined that the
City's Flood Damage Prevention Ordinance, Title 16, Division V, of the Poway
Municipal Code, was not consistent with current NFIP requirements. DWR requested
that the City amend the Municipal Code by adopting the California Model Floodplain
Management Ordinance, which has been developed to meet said requirements.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Council member Rexford, to close the
public hearing, waive further reading (unanimous vote), and adopt Ordinance No. 599.
Motion carried 4-0 with Deputy Mayor Higginson absent.
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ITEM 2 (0210-50)
MINOR CONDITIONAL USE PERMIT 04-01
TENNIS COURT LIGHTS
14380 STAGE COACH ROAD
APPLICANTS: DAVID AND TESS GOLIA
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a request to permit the installation of tennis court lights on a residential lot
located at 14380 Stage Coach Road. APN: 277-220-02.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the
public hearing and adopt Planning Resolution No. P-04-32, entitled, "A Resolution of
the City Council of the City of Poway, California, Approving Minor Conditional Use
Permit 04-01, A Request to Install Tennis Court Lights on Lot 2, A Residential Lot
Located at 14380 Stage Coach Road, in the Heritage II Development in the Rural
Residential A Zone Assessor's Parcel Number 277-220-02." Motion carried 4-0 with
Deputy Mayor Higginson absent.
ITEM 3 (0210-50)
MINOR CONDITIONAL USE PERMIT 04-04
BASKETBALL COURT LIGHTS
18755 HERITAGE DRIVE
APPLICANT: LA DAINIAN TOMLINSON
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a request to permit the installation of basketball court lights on a residential lot
located at 18755 Heritage Drive. APN: 277-220-26.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Council member Rexford, to close the
public hearing and adopt Planning Resolution No. P-04-33 , entitled, "A Resolution of
the City Council of the City of Poway, California, Approving Minor Conditional Use
Permit 04-02, A Request to Install Basketball Court Lights on Lot 26, A Residential Lot
Located at 18755 Heritage Drive, in the Heritage II Development in the Rural
Residential A Zone Assessor's Parcel Number 277-220-26." Motion carried 4-0 with
Deputy Mayor Higginson absent.
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ITEM 4 (0210-70)
VARIANCE 04-02
11-FOOT -HIGH FENCE
13757 ROSTRATA ROAD
APPLICANT: VALERIE QUATE
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a request to allow a maximum 11-foot-high fence, which is a combination of a
retaining wall and wood fence, along the side property line for a recently constructed
single-family residence located at 13757 Rostrata Road, where a maximum 6-foot-
high fence is allowed. APN: 275-712-15.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Mayor Cafagna, to close the public
hearing and adopt Planning Resolution No. P-04-34, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Variance 04-02 Assessor's Parcel
Number 275-712-15." Motion carried 4-0 with Deputy Mayor Higginson absent.
ITEM 5 (0760-20)
NOTICE OF INTENTION/ENGINEER§S REPORT
LANDSCAPE MAINTENANCE DISTRICT 83-1
ITEM (0760-20)
NOTICE OF INTENTION/ENGINEER§S REPORT
LANDSCAPE MAINTENANCE DISTRICT 86-1
ITEM 7 (0760-20)
NOTICE OF INTENTION/ENGINEER§S REPORT
LANDSCAPE MAINTENANCE DISTRICT 86-2
ITEM (0760-20)
NOTICE OF INTENTION/ENGINEER§S REPORT
LANDSCAPE MAINTENANCE DISTRICT 86-3
ITEM (0760-20)
NOTICE OF INTENTION/ENGINEER§S REPORT
LANDSCAPE MAINTENANCE DISTRICT 87-1
ITEM 10 (0760-20)
NOTICE OF INTENTION/ENGINEER§S REPORT
POWAY LIGHTING DISTRICT
Staff report by City Manager Bowersox. Staff has prepared Resolutions of Intention
setting public hearings for the Landscape Maintenance Districts and Lighting District to
levy and collect assessments for 2004/2005. There are no increases proposed in the
assessments.
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Motion by Council member Emery, seconded by Deputy Mayor Rexford, to take the
following actions:
Adopt Resolution No. 04-029, entitled, oA Resolution of the City Council of the City of
Poway, California Declaring the Intention to Levy and Collect Assessments within
Poway Landscape Maintenance District 83-1 for Fiscal Year 2004/2005," approving
the Engineer's Report, and setting the public hearing for June 29, 2004.
Adopt Resolution No. 04-030, entitled, oA Resolution of the City Council of the City of
Poway, California Declaring the Intention to Levy and Collect Assessments within
Poway Landscape Maintenance District 86-1 for Fiscal Year 2004/2005," approving
the Engineer's Report, and setting the public hearing for June 29, 2004.
Adopt Resolution No. 04-031, entitled, oA Resolution of the City Council of the City of
Poway, California Declaring the Intention to Levy and Collect Assessments within
Poway Landscape Maintenance District 86-2 for Fiscal Year 2004/2005," approving
the Engineer's Report, and setting the public hearing for June 29, 2004.
Adopt Resolution No. 04-032, entitled, oA Resolution of the City Council of the City of
Poway, California Declaring the Intention to Levy and Collect Assessments within
Poway Landscape Maintenance District 86-3 for Fiscal Year 2004/2005," approving
the Engineer's Report, and setting the public hearing for June 29, 2004.
Adopt Resolution No. 04-033, entitled, oA Resolution of the City Council of the City of
Poway, California Declaring the Intention to Levy and Collect Assessments within
Poway Landscape Maintenance District 87-1 for Fiscal Year 2004/2005," approving
the Engineer's Report, and setting the public hearing for June 29, 2004.
Adopt Resolution No. 04-034, entitled, oA Resolution of the City Council of the City of
Poway, California Declaring the Intention to Levy and Collect Assessments within
Poway Lighting District for Fiscal Year 2004/2005," approving the Engineer's Report,
and setting the public hearing for June 29, 2004.
Motion carried 4-0 with Deputy Mayor Higginson absent.
ITEM 11 (0350-80)
PROPOSED ORDINANCE
EDUCATIONAL WARNING POSTERS
DRINKING & DRIVING
Staff report by City Manager Bowersox. On October 11, 2003, Council received
correspondence from Ray Gross, Executive Director, Designated Drivers Association
(DDA) requesting the City adopt an ordinance requiring restaurant and bar
establishments selling alcoholic beverages for on-site consumption, post educational
posters within restrooms, smoking areas, and other visible locations to deter the
practice of driving impaired. Under Council direction staff implemented a three month
pilot program within six on-sale establishments in Poway.
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Staff is now requesting direction on whether or not to proceed with the development of
a DDA Poster Ordinance for the City of Poway.
The following person was present wishing to speak:
Ray Gross Executive Director, Designated Drivers Association, spoke in support of the
proposed establishment of an Ordinance.
Motion by Councilmember Emery, seconded by Councilmember Goldby, to refer the
item back to staff for ways to get the message across but not mandate the use of
specific posters.
Mayor Cafagna proposed an alternate motion which was agreed to by the maker and
second which was to have staff bring back a sample Ordinance for a 1 year trial period
to be implemented by the Designated Drivers Association organization. At the end of
the 1 year period, a report on the effectiveness is to be prepared by the Sheriff's
Department and staff and provided to the Council. Motion carried 3-1 with
Council member Rexford voting "no" and Deputy Mayor Higginson absent.
ITEM 12 (0200-60)
PUBLIC SCOPING MEETING
DRAFT ENVIRONMENTAL IMPACT REPORT
TENTATIVE TRACT MAP 02-01
LIGUORI RANCH ESTATES
Staff report by City Manager Bowersox. The applicant owns approximately 500 acres
of primarily undeveloped land in the northeast portion of Poway and has submitted a
Tentative Tract Map to subdivide the property into 31 legal lots (29 single-family home
residential lots and 2 open space lots. The City has determined that an Environmental
Impact Report (EIR) will be required as part of the City's review of this application. As
part of the EIR process, the City is holding this Public Scoping Meeting to provide
property owners and other interested parties the opportunity to submit verbal and
written comments addressing their specific concerns about the potential environmental
impacts of the proposed project. Comments received will be taken into consideration
as the environmental consultant develops the scope of work and a list of topics that
will be evaluated in the EIR.
Lisa Liguori, 15555 Stage Coach Drive, applicant, spoke in support of the proposed
project.
Motion by Council member Rexford, seconded by Council member Emery, to direct
staff to complete the EIR process. Motion carried 4-0 with Deputy Mayor Higginson
absent.
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CITY MANAGER ITEMS
23. City Manager Bowersox did not provide Council with a State Budget Update.
(0150-50)
City Manager Bowersox informed Council that the State Department of Finance had
notified the City that their population had reached 50,600.
CITY ATIORNEY ITEMS
24B. Special Council Eckis requested a Closed Session for the following:
Conference with labor negotiations
Government Code §54957.6
Negotiator: James L. Bowersox on behalf of the City of Poway
Employee organizations: Teamsters Local 911
Poway Firefighters Association
Management, Supervisory and Confidential Unit
MAYOR AND CITY COUNCIL-INITIATED ITEMS
25. Councilmember Emery requested and received Council concurrence to work
with staff on creating a report on the benefits of joining the San Diego East
Visitors Bureau and bring a report back to Council.
29A. Mayor Cafagna did not provide Council with a Regional Governance update,
but advised that Gary Gallegos of SANDAG would provide a presentation on
the "Expenditure Plan" at the May 11, 2004 Council Meeting. (0150-20)
CLOSED SESSION
Mayor Cafagna called for a Closed Session at 7:55 p.m. as requested by Special
Counsel.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 8:25 p.m. and upon motion by
Councilmember Rexford, seconded by Council member Goldby, adjourned the meeting
at 8:27 p.m. Motion carried 4-0 with Deputy Mayor Higginson absent.
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