CC 2004 09-28
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
SEPTEMBER 28, 2004
The September 28,2004, Regular Meeting of the City Council ofthe 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 (absent), Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
Jim Bowersox
Penny Riley
Tamara Smith
Jeanne Bunch
Jim Howell
Mark Sanchez
Charlie Campe
Niall Fritz
Deborah Johnson
Paolo Romero
David Narevsky
City Manager
Assistant City Manager
City Attorney
Interim City Clerk
Director of Public Works
Director of Safety Services
Sheriff's Captain
Director of Development Services
Director of Redevelopment Services
Management Assistant
Redevelopment Manager
FLAG SALUTE
Council member Goldby led the flag salute.
PRESENTATION
Mayor Cafagna proclaimed October 3-9, 2004 "Fire Prevention Week." Accepting the
proclamation was Director of Safety Services Mark Sanchez.
A presentation on the pros and cons of Proposition B, the repeal of the North County
Recycled Solid Waste Disposal Initiative (Proposition C) adopted in 1994, was held.
Lenore Volturno representing the Pala Band of Mission Indians spoke in support of
Proposition B and Richard Chase, 991 Lomas Santa Fe, Solana Beach spoke in opposition
to Proposition B.
Mayor Cafagna removed Item #12.2 from the Consent Calendar for separate action.
12.2 Adoption of Resolution, entitled: "A Resolution of the City Council of the City of
Poway, California, Supporting Proposition B - the Repeal of the North County
Recycled Solid Waste Disposal Initiative (Proposition C) Adopted in 1994."
(0725-05)
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Motion by Mayor Cafagna, seconded by Councilmember Rexford that Council take
no action in support of or opposition to Proposition B. Ayes: Cafagna and Rexford.
Noes: Emery and Goldby. Absent: Higginson. Motion failed.
Jack Miller, Chief of Vector Control, County of San Diego, presented information
concerning West Nile Virus, including where it comes from, who is at risk, how it is spread,
and how to protect yourself and your community.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
individuals were present wishing to speak.
Richard Falda, 12342 Old Pomerado, Poway, Commanderofthe PowayVFW, presented a
brief update concerning the City's adopted Marine unit.
Kelly Hutchson, 11225 Beeler Canyon Road, Poway, expressed concerns regarding the
Conditional Use Permit for Vulcan Materials.
Sherrie Anne Goldby, 13094 Civic Center Drive, Poway, thanked Council and staff for their
support, including financial, for the Poway Senior Center.
CONSENT CALENDAR
Motion by Councilmember Goldby, seconded by Councilmember Rexford that Council
approve the following items on the Consent Calendar.
5. Ratification of Warrant Register for the period of August 30 through September 3,
2004. (0475-20)
6.
Rejection of Claim Against the City (1) Louie G. Yap.
(0190-10)
7. Approval of Position on Pending Legislation - Oppose Proposition 68 (Gaming
Revenue Act of 2004). (0740-55)
8. Adoption of Resolution No. P-04-71, entitled, "A Resolution of the City Council of
the City of Poway, California, Approving Temporary Use Permit 04-52 to hold the
Annual Train Song FestivaL" (0210-60)
9. Approval of Fifth Amended Unified San Diego County Emergency Services Joint
Powers Agreement. (0700-25)
10. Acceptance of the Community Road Widening Phase 2 Project (#1280) from
McLaughlin Engineering and Mining, Inc. (This Item was removed from Agenda)
11. Acceptance of the Traffic Signal Interconnect and Fiber Optic Communication
Project (#03-002) from Moore Electrical Contracting. (0700-10)
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12.1 Adoption of Resolution No. 04-081, entitled: "A Resolution of the City Council of the
City of Poway, California Supporting Proposition BB - HOSPITAL, EMERGENCY
CARE, TRAUMA CENTER IMPROVEMENT AND REPAIR MEASURE." (0725-05)
Motion carried 4-0 (Item # 12.2 was acted upon separately - see Page 2). Deputy Mayor
Higginson was absent.
NEW PUBLIC HEARINGS
Mayor Cafagna said, upon staff recommendation, Agenda Item #4 must be considered by
the Redevelopment Agency prior to the first public hearing.
ITEM 4 (0240-30)
2004 AMENDMENT
POWAY REDEVELOPMENT PLAN
FOR THE PAGUAY PROJECT AREA
Chairman Cafagna presented the Poway Redevelopment Agency's Report to the City
Council concerning the "2004 Amendment to the Poway Redevelopment Plan for the
Paguay Project Area" for approval and transmittal to the City Council. Executive Director
Bowersox said the report provides information, documentation and evidence required to
support the adoption of the proposed 2004 Amendment.
Motion by Director Goldby, seconded by Director Rexford that the Redevelopment Agency
adopt Resolution No. R-04-09, entitled: "A Resolution of the Poway Redevelopment
Agency Approving the Report to the City Council in Connection with the Proposed 2004
Amendment to the Redevelopment Plan for the Paguay Redevelopment Project Area and
Authorizing Transmittal of the Report to the City CounciL" Motion carried 4-0 (Vice-
Chairman Higginson absent).
ITEM 1 (0240-30)
NEGATIVE DECLARATION AND
PROPOSED 2004 AMENDMENT
PAGUAY REDEVELOPMENT PLAN
Mayor Cafagna opened the joint public hearing of the City Council and Redevelopment
Agency on the Negative Declaration and proposed 2004 Amendment to the Paguay
Redevelopment Plan. City Manager Bowersox said the proposed amendment extends the
time limit for eminent domain authority in the Paguay Project Area for twelve years.
The following persons spoke concerning this hearing:
Carol Funk, 11319 Creek Road, Poway, asked jfthe extension applied to her 40-year old
home.
Sherrill East, 16067 Highland Valley Road, Poway, asked if Rattlesnake Canyon was
affected by this extension. 8208
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Anna M. Pinto, 14241 York Avenue, Poway, (did not speak but submitted a letter in
opposition).
Motion by MayorlChairman Cafagna, seconded by Councilmember/Director Rexford to
continue the hearing to October 12, 2004. Motion carried 4-0 (Deputy MayorVice-
Chairman Mayor Higginson absent).
ITEM 2 (0220-40)
ENVIRONMENTAL ASSESSMENT
ZONE CHANGE 04-01
AMEND TRANSPORTATION ELEMENT
SPECIFIC PLAN AMENDMENT 88-01 D
Mayor Cafagna opened the public hearing and said this hearing pertains to an
Environmental Assessment General Plan Amendment (GPA) 04-01/Zone Change (ZC) 04-
01 (City-Initiated) to amend the land use designation and zoning of 13-City-owned parcels,
or portions thereof, in the Old Poway area from Commercial General (CG) to Open Space-
Recreation (OS-R); to amend the Transportation Element of the Poway General Plan
redesignating Midland Road between Edgemoor Street and Aubrey Street from a 4-lane
Arterial Collector to a 2-lane Local Collector; and Specific Plan Amendment (SPA) 88-01 D
to the Old Poway Specific Plan to correct land use boundary changes associated with
General Plan Amendment/Zone Change 04-01.
City Manager Bowersox said staff recommends a continuance of the hearing to October
12, 2004, so that it can be re-noticed.
No one requested to speak concerning this hearing.
Motion by Councilmember Goldby, seconded by Councilmember Rexford to continue the
hearing to October 12, 2004. Motion carried 4-0 (Deputy Mayor Higginson absent).
ITEM 3 (0780-60)
VARIANCE 04-02
PORTIONS OF SYCAMORE AVENUE
Mayor Cafagna opened the public hearing and City Manager Bowersox presented the staff
report. This is a request to vacate portions of Sycamore Avenue, adjacent to Lots 15 and
16 in Block 24 of Piermont, Map. No. 685. APN 314-213-02.
No one requested to speak concerning this hearing.
Motion by Councilmember Emery, seconded by Council member Rexford to close the public
hearing, approve the City Manager's recommendation and adopt Resolution No. 04-082,
entitled, "A Resolution of the City Council of the City of Poway, California, Ordering the
Vacation of a Portion of Sycamore Avenue, Adjacent to Lots 15 and 16 in Block 24 of
Piermont, Map No. 785, APN 314-213-02 (Vacation 04-02)." Motion carried 4-0 (Deputy
Mayor Higginson absent). 8209
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CITY MANAGER ITEMS
13. City Manager Bowersox recognized Sheriff Captain Charlie Campe, for his part in
poway having the lowest crime rate in the County of San Diego for the first six
months of 2004.
MAYOR AND CITY COUNCIL.INITIATED ITEMS
17. Councilmember Goldby said there would be a forum for the PowayCity Council and
Poway Unified School District candidates at 7:00 p.m. Wednesday evening in the
little theater at Twin Peaks Middle School.
19. Mayor Cafagna provided a brief Regional Governance update pertaining to
SANDAG's Housing Element and dialogue concerning fair share housing allocations
to cities within the County. (0150-20)
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 9:00 p.m. upon motion by Council member
Emery, seconded by Council member Goldby. Motion carried 4-0 (Deputy Mayor Higginson
absent).
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