CC 2004 06-29
CITY OF POWAY - CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JUNE 29, 2004
The June 29, 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 (arrived at 7:02 p.m.), Betty Rexford, Mickey
Cafagna.
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Tamara Smith
Jeanne Bunch
Warren Shafer
Robert Clark
James Howell
Deborah Johnson
Mark Sanchez
Charlie Campe
Peter Moote
Patti Brindle
City Manager
Assistant City Manager
City Attorney
Interim City Clerk
Director of Administrative Services
Director of Community Services
Director of Public Works
Director of Redevelopment Services
Director of Safety Services
Sheriffs Captain
Deputy Director Administrative Services
City Planner
FLAG SALUTE
Councilmember Goldby led the flag salute.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications. The following
person spoke.
Harold Mensch, 14473 Maplewood Street, expressed concern with no-mark paint left on
streets, curbs, sidewalks and even bushes by workers and others. He asked if it could be
removed within a reasonable length of time, as it is as objectionable as graffiti.
CONSENT CALENDAR
Mayor Cafagna announced that Councilmember Goldby asked that Item #20 be pulled
for discussion.
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Motion by Councilmember Rexford, seconded by Councilmember Goldby to approve
the consent calendar as follows:
15.
16.
17.
18.
19.
21.
Ratification of Warrant Registers for the period of May 31 - June 4,2004.
(0475-20)
Adoption of Resolution No. 04-047 - entitled, "A Resolution ofthe City Council ofthe
City of Poway, California, Establishing a No-Parking Zone and a Time-Limited No-
Parking Zone on Meadowbrook Lane between Pomerado Road and Eisenhower
Avenue, and Rescinding Resolution No. 96-007" and create a 1 O-foot-wide left-turn
and 12-foot-wide right-turn lane in the eastbound direction and an 18-foot-wide
westbound lane with appropriate signing and legends. (0860-95)
Adoption of Resolutions for November 2, 2004 General Municipal Election:
Resolution No. 04-048 - Calling and Giving Notice of the Holding of a General
Municipal Election for the Election of Certain Officers as Required by the Provisions
of the Laws of the State of California Relating to General Law Cities; and,
Resolution No. 04-049 - Requesting the Board of Supervisors of San Diego County
Consolidate a General Municipal Election with the Statewide General Election.
(0725-40)
Adoption of Planning Resolution No. P-04-43, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Temporary Use Permit 04-32 to
hold the Annual Old Fashioned Fourth of July 2004 and the Fireworks Display."
(0210-60)
Award of Bid for the Poway Center for the Performing Arts Flooring Project to
Spectra Contract Flooring in the amount of $54,407.58. (0700-10)
Approval of a Consultant Agreement between the City of poway and The Virtual
Marketing Team for Website Development Services and the appropriation of an
additional $3,000 in contingency fees for future out-of-scope work that is necessary.
(0700-10)
Motion carried unanimously.
PUBLIC HEARING
Mayor Cafagna said that Public Hearings Item #1 and #2 would be heard concurrently.
ITEM 1 . (0740-20/#601)
ORDINANCE NO. 601/ FIRST READING
AMENDS SECTION 13.03.010
SEWER SERVICES CHARGES AND RATES
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ITEM 2 (0740-20/#602)
ORDINANCE NO. 602/FIRST READING
AMENDS SECTION 13.11.010
WATER SERVICES CHARGES & RATES
Mayor Cafagna opened the public hearings and read the titles of Ordinance No. 601, "An
Ordinance of the City of Poway, California, Amending Section 13.03.010 of the Poway
Municipal Code, Schedule of Sewer Services Charges and Establishing Sewer Rates" and
Ordinance No. 602, "An Ordinance of the City of Poway, California, Amending Section
13.11.010 of the Poway Municipal Code, Schedule of Water Services, and Establishing
Water Rates."
City Manager Bowersox, presented the staff report recommending adjustments to the
single-family sewer rates, ranging from $2.35 to $6.44 bimonthly, establish the non-
residential/multifamily rates ranging from $2.62 to $6.08 per unit, and adjust sewer
pumping charges. This will result in an increase of approximately 7% for the average
residential customer. Concerning the water charges, a 3.8% increase is recommended as
well as updated water pumping charges for calendar year 2005.
Peter Moote, Administrative Services Deputy Director, presented a brief Power Point
presentation and responded to questions from the Council.
Mr. Bowersox also reported second reading of the ordinances have been scheduled for
July 6,2004; however, due to publication deadlines, staff will be requesting at that meeting
that both these hearings be continued to July 20, 2004 for second reading and adoption.
There was no one present wishing to speak on either of these public hearings.
Motion by Council member Goldby, seconded by Councilmember Rexford, to waive further
reading of Ordinance No. 601 and Ordinance No. 602 and continue the public hearings to
July 6,2004 at which time they will be continued again to July 20,2004 for second reading
and adoption. Motion carried 5-0.
ITEM 3 (0740-20/#603)
ORDINANCE NO. 603/FIRST READING
AMENDS SECTION 13.09.050
PROHIBITS FLUSHING WATER INTO SEWER SYSTEM
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 603, "An
Ordinance of the City of Poway, California, Amending Section 13.09.050 of the Poway
Municipal Code to Prohibit the Flushing of 5-Year Fire Sprinkler Certification Water into the
Municipal Separate Storm Sewer System (MS4) and/or the City Sewer System."
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City Manager Bowersox presented the staff report. Since implementation of the Storm
Water Management and Discharge Control Ordinance, staff has become aware of a
conflict with another State law that regulates the servicing of automatic fire sprinkler
systems. This law requires a 5-year certification of fire sprinkler systems at industrial and
commercial businesses, which results in the water discharging directly from the fire
sprinkler system as a non-storm water discharge with the potential to flow into the MS4
and/or receiving waters. The proposed amendment will prohibit such discharges.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Emery, to waive further
reading and continue the public hearing to July 20,2004 for second reading and adoption
of Ordinance. Motion carried 5-0.
ITEM 4 (0430-40)
CITY/AGENCY FINANCIAL PROGRAM
FISCAL YEARS 2003-2004 & 2004-2005
Mayor Cafagna opened the public hearing and the staff report was presented by City
Manager Bowersox. Mr. Bowersox said this hearing was scheduled so the Council and
Agency could consider approval of amendments to the Comprehensive Financial Program
for Fiscal Years 2003-2004 and 2004-2005. He indicated staff has updated its midyear
evaluation for FY 2003-04 and has also reviewed the status of the FY 2004-05 Financial
Program for necessary changes that have been identified since the midyear review and the
original budget adoption. He reviewed those changes as outlined in the staff report and
responded to Council questions pertaining to a reduction in Library opening hours and the
use of housing funds.
Council asked staff to provide, in approximately six months, a report concerning the use of
the library on Sundays.
No one asked to speak concerning this hearing.
Motion by Councilmember Emery, seconded by Councilmember Rexford to close the public
hearing and adopt Resolution No. 04-050 entitled "A Resolution of the City Council of the
City of Poway, California, Approving Amendments to the City's Financial Program for Fiscal
Years 2003-2004 and 2004-2005" and Resolution No. R-04-03 entitled "A Resolution ofthe
Poway Redevelopment Agency Approving Amendments to the Agency's Financial Program
for Fiscal Years 2003-2004 and 2005-2005." Motion carried 5-0.
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ITEM 5 0210-30
CONDITIONAL USE PERMIT 84-16M(3)
13094 CIVIC CENTER DRIVE
APNs: 317-471-13 and 317-472-13
APPLICANT: CITY OF POWAY
Mayor Cafagna opened the public hearing and the staff report was presented by City
Manager Bowersox. This is a modification to a Conditional Use Permit to modify the
design of the existing poway Community Park parking lot to add 59 new parking spaces
located at 13094 Civic Center Drive. APNs 317-471-13 and 317-472-13. Mr. Bowersox
responded to Council concerns regarding trees and tree removal.
Bill Cross, 13105 Corona Way, spoke in support of the Conditional Use Permit and
suggested temporary parking be allowed north of the skate park while the parking lot is
under construction.
Sherrie Anne Goldby, Executive Director of the Poway Senior Center, spoke in support of
staff recommendation.
Motion by Councilmember Goldby, seconded by Council member Emery to close the public
hearing and adopt Planning Resolution No. P-04-44 entitled "A Resolution of the City
Council of the City of Poway, California, Approving Modifications to Conditional Use Permit
84-16M(3), Assessor's Parcel No 317-471-13 & 317-472-13. Motion carried 5-0.
ITEM 6 0210-50)
MINOR CONDITIONAL USE PERMIT 49-09
17035 EDINA COURT
APN: 273-820-54
APPLICANT: NORM AND LYNN ELLIS
Mayor Cafagna opened the public hearing and the staff report was presented by City
Manager Bowersox. This is a request to permit the installation of tennis court lights at an
existing tennis court for the property located at 17035 Edina Court. APN: 273-820-54.
No one asked to speak concerning this hearing.
For the record, a letter was received from Paul Thompsen, 16864 St. James Drive, in
support of the request subject to a 10:00 p.m. curfew.
Motion by Councilmember Goldby, seconded by Deputy Mayor Higginson to close the
public hearing and adopt Planning Resolution No. P-04-45 entitled "A Resolution of the City
Council of the City of Poway, California, Approving Minor Conditional Use Permit 04-09, a
Request to Install Tennis Court Lights at an Existing Tennis Court in the Rural Residential
C Zone. Assessor's Parcel Number 273-820-54." Motion carried unanimously.
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ITEM 7
CONDITIONAL USE PERMIT 02-08
DEVELOPMENT REVIEW 02-12
VARIANCE 03-13
13125 VISTA VIEW DRIVE
APN: 323-261-05, 06, and 07
APPLICANT: VIETNAMESE CHRISTIAN ALLIANCE CHURCH
(0210-30)
Mayor Cafagna opened the public hearing and the staff report was presented by City
Manager Bowersox. The applicant is requesting a Conditional Use Permit and
Development Review to demolish an existing single-family residence and construct a 2,750
square-foot religious facility on property located at 13125 Vista View Drive. The Variance
is to allow the new building to maintain an 8-foot side yard setback along the north property
line where a 10-foot side-yard setback is required.
Doug Frost, 13111 Vista View Drive, expressed concern regarding the height of a
landscaping hedge across from his property and parking in front of his house.
City Planner Patti Brindle, and the applicant's representative Dwight Rogus, 3631 5th
Avenue, San Diego, responded to Mr. Frost's concerns.
Motion by Councilmember Emery, seconded by Deputy Mayor Higginson, to close the
public hearing and adopt Planning Resolution No. P-04-46 entitled, "A Resolution of the
City Council of the City of Poway, California, Approving Conditional Use Permit 02-08,
Development Review 02-12 and Variance 03-13 for the Construction of a Religious Facility.
APNs: 323-261-05, 06, and 07." Motion carried unanimously.
Mayor Cafagna stated that Public Hearing Item 8 through Item 13 would be heard
concu rrently.
ITEM 8 (0760-20)
LANDSCAPE MAINTENANCE DISTRICT 83-1
ITEM 9 (0760-20)
LANDSCAPE MAINTENANCE DISTRICT 86-1
ITEM 10 (0760-20)
LANDSCAPE MAINTENANCE DISTRICT 86-2
ITEM 11 (0760-20)
LANDSCAPE MAINTENANCE DISTRICT 86-3
ITEM 12 (0760-20)
LANDSCAPE MAINTENANCE DISTRICT 87-1
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ITEM 13
POWAY LIGHTING DISTRICT
(0760-30)
Mayor Cafagna opened the public hearings for Landscape Maintenance Districts 83-1, 86-
1,86-2, 86-3, 87-1 and Poway Lighting District. City Manager Bowersox said the public
hearings, initiated May 4, 2004, are to allow for public input for assessments to be collected
on the San Diego County Tax Roll for fiscal year 2004-2005. With the exception of District
86-2, assessments are proposed to remain unchanged at the 03/04 rates. Assessments in
District 86-2 will remain unchanged for Zone A; however, will increase for Zone B by about
$0.82 per month.
There was no one present wishing to speak.
Motion by Councilmember Emery seconded by Council member Goldby, to close the public
hearing and adopt the following resolutions:
Resolution No. 04-051 entitled "A Resolution of the City of Poway, California, Establishing
Assessments for Landscape Maintenance District 83-1 to be Collected on the Property Tax
Roll for Fiscal Year 2004/2005."
Resolution No. 04-052 entitled "A Resolution of the City of Poway, California, Establishing
Assessments for Landscape Maintenance District 86-1 to be Collected on the Property Tax
Roll for Fiscal Year 2004/2005."
Resolution No. 04-053 entitled "A Resolution of the City of Poway, California, Establishing
Assessments for Landscape Maintenance District 86-2 to be Collected on the Property Tax
Roll for Fiscal Year 2004-2005."
Resolution No. 04-054 entitled "A Resolution ofthe City of Poway, California, Establishing
Assessments for Landscape Maintenance District 86-3 to be Collected on the Property Tax
Roll for Fiscal Year 2004-2005."
Resolution No. 04-055 entitled "An Ordinance of the City Council of the City of Poway,
California, Establishing assessments for Landscape Maintenance District 87-1 to be
collected on the Property Tax Roll for Fiscal Year 2004/2005."
Resolution No. 04-056 entitled "A Resolution of the City of Poway, California, Establishing
Assessments for the Poway Lighting District to be Collected on the Property Tax Roll for
Fiscal Year 2004/2005."
Motion carried unanimously.
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STAFF REPORTS
ITEM 14 (0150-10)
SISTER CITIES INTERNATOINAL PROGRAM
City Manager Bowersox presented the staff report and recommendation that the City
Council authorize the City's participation in the Sister Cities Program and direct staff to
work in conjunction with the Sister Cities Foundation in selecting a sister city.
In response to Council, Jeff Figler, 1148 Harvest Court, representing the Sister Cities
Foundation, said expenses were funded through promotional events to raise revenue.
Motion by Councilmember Rexford, seconded by Mayor Cafagna that the City Council
approve staff recommendation. Motion carried unanimously.
CONSENT CALENDAR - ITEM PULLED FOR DISCUSSION
Council member Goldby requested earlier that the following item be pulled from the
Consent Calendar for discussion.
20.
Approval of a Consultant Agreement between the City of Poway, the Poway
Redevelopment Agency and Pountney Psomas for design services for the Aubrey
Park project. (0700-10)
Councilmember Goldby expressed concern that only one workshop would be held.
Dee Fleischman, 14428 Midland Road, concurred with Council member Goldby and spoke
concerning workshop content, funding sources, hydrology studies and unknown
expenditures. She felt more information was needed on the cost of the project before
spending money on a consultant. She questioned language in the agreement concerning a
"Confidentiality Clause."
In response, City Manager Bowersox said there would be more than one workshop held;
the agreement calls for the consultant to attend only one workshop. He also outlined
notification of property owners' procedures. City Attomey Smith indicated a "Confidentiality
Clause" was standard in many agreements.
Motion by Council member Emery, seconded by Councilmember Goldby to authorize the
City Manager/Executive Director to execute the Consultant Agreement with Pountney
Psomas. Motion carried unanimously.
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CITY MANAGER ITEMS
22.
City Manager Bowersox did not provide Council with a State Budget Update.
(0150-50)
However, he gave a brief update on two Senate Bills. One will allow North County
cities to sit on the San Diego Water Authority Board and the other pertained to
prevailing wages for volunteer workers and how it affects the Aubrey Park project.
MAYOR AND CITY COUNCIL.INITIATED ITEMS
24.
Councilmember Emery reported the Metropolitan Transit System (MTS) approved a
three-year contract extension with Laidlaw Transit Services for Poway Transit
Services bus service.
25.
Councilmember Rexford said she recently attended the AED training sponsored by
the Fire Department.
28A. Mayor Cafagna reported the TransNet Sales Tax Measure will soon be filed with the
County Registrar of Voters and they have asked the Registrar to assign Proposition
A to the measure for the November 2, 2004 ballot.
He also reported he has been elected as SANDAG's Chairman for Fiscal Year
2004-05.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:34 p.m. Motion by Mayor Cafagna, seconded
by Councilmember Emery. Motion carried unanimously.
Jea e Bunch, Interim City Clerk
Ci of Poway
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