CC 2004 08-31
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
AUGUST 31, 2004
The August 31,2004, Regular Meeting of the City Council of the City of Powaywas
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
Jim Bowersox
Penny Riley
Steve Eckis
Jeanne Bunch
Robert Clark
Warren Shafer
James Howell
Mark Sanchez
Charlie Campe
Niall Fritz
Deborah Johnson
Paolo Romero
Peter Moote
City Manager
Assistant City Manager
Special Counsel
Interim City Clerk
Director of Community Services
Director of Administrative Services
Director of Public Works
Director of Safety Services
Sheriff's Captain
Director of Development Services
Director of Redevelopment Services
Management Assistant
Deputy Director of Administrative Services
FLAG SALUTE
Deputy Mayor Higginson led the Flag Salute.
PRESENTATION
Staff presented a draft 15-minute video of Poway created by Copperpoint Communications
of San Marcos at the request of the City and the Poway Historical and Memorial Society.
Positive comments were received and suggestions offered.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications. No one
requested to speak.
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CONSENT CALENDAR. NOTICE TO PUBLIC
Motion by Council member Goldby, seconded by Councilmember Emery to approve the
Consent Calendar as follows: (Items 11, 14 & 15 were acted upon separately.)
6. Ratification of Warrant Registers for the periods of July 26 - 30 and August 2 - 6,
2004. (0475-20)
7. Approval of Minutes - City Council
August 3, 2004 - Regular Meeting
August 5, 2004 - Canceled Adjourned Regular Meeting
August 10, 2004 - Canceled Regular Meeting
9.
Approval of Law Enforcement Contract for Fiscal Year 2004/2005.
(0700-25)
10. Acceptance of Task 3 of the Demolition of Residential and Other Miscellaneous
Structures and Hazardous Materials Abatement As-Needed Services Project
(#5650A) from Clauss Construction. (0700-10)
12. Approval of Consultant Agreement between the City of Poway and Kleinfelder, Inc.,
for As-Needed Materials and Compaction Testing and Inspection Services from
August 31,2004 through August 31,2006. (0700-10)
13. Request for Extension of Contract with Berryman & Henigar, Inc., for Program
Management Services through February 2006. (0700-10)
16. Adoption of Resolution No. 04-075, entitled "A Resolution of the City Council of the
City of Poway Supporting Proposition 1A." (0740-55)
Motion carried unanimously.
NEW PUBLIC HEARINGS
Niall Fritz, Director of Development Services said Item 1 and Item 2 would be considered
concurrently.
ITEM 1 (0210-50)
MINOR CONDITIONAL USE PERMIT 04-04
APPLICANT: CRAIG FAULKNER/MIDORI FINANCIAL LLC
Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff
report. This is a request to permit the installation of tennis court lights for a single-family
residence and tennis court currently under construction on Lot 12 within the Heritage II
community located at 18655 Old Coach Drive. APN: 277-220-12.
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ITEM 2 (0210-50)
MINOR CONDITIONAL USE PERMIT 04-06
APPLICANT: CRAIG FAULKNER/MIDROI FINANCIAL LLC
Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff
report. This is a request to permit the installation of tennis court lights for a single-family
residence and tennis court currently under construction on Lot 8 within the Heritage II
community located at 18650 Old Coach Way. APN: 277-220-08.
City Manager Bowersox referenced a letter on file from James & Patricia St. John objecting
to the proposed tennis court lights on Lot 8 and Lot 12.
Niall Fritz, Director of Development Services, presented an analysis of both projects and
outlined conditions contained in the resolution of approval.
The following people spoke in opposition to both requests:
Charles Yazel, 18735 Old Coach Way (Lot 5)
Denise Bruns, 18556 Old Coach Way (Lot 4)
Council discussion ensued concerning the fact that the requests are from the developer
and not the potential homeowners, therefore may be premature.
Motion by Councilmember Emery, seconded by Council member Rexford, to close the
public hearing and deny both requests (Items 1 & 2). Ayes: Emery, Goldby, Rexford,
Cafagna. Noes: Higginson. Absent: None. Motion carried 4-1.
ITEM 3 (0210-50)
MINOR CONDITIONAL USE PERMIT 04-12
OWNER: HOME DEPOT
APPLICANT: WINSTON BAUTISTA
Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff
report. This is a request to allow for a permanent outdoor display area in the front of Home
Depot along with an increased length and height of display area and for different types of
goods to be displayed other than those permitted for the property located at 12175 Tech
Center Drive. APN: 317-280-82.
There was no one present wishing to speak.
Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford to close the
public hearing and adopt Planning Resolution No. P-04-57, entitled: "A Resolution of the
City Council of the City of Poway, California, Approving Minor Conditional Use Permit 04-
12 - Assessor's Parcel Number 317-280-82. Motion carried unanimously.
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ITEM 4 (0200-50)
TENTATIVE PARCEL MAP 04-01
OWNER: M.G.I.G. TRUST
APPLICANT: McCULLOUGH-AMES DEVELOPMENT
Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff
report. This is a request by McCullough-Armes Development to subdivide a 0.51-acre
residential property, located at 13260 Cicero Way into three parcels, with the existing
residence being demolished. APN 323-201-02
The following person was present and requested to speak.
Sue Young, P. O. Box 1394, Poway 92074, president of the Amesbury Court Homeowners
Association, spoke regarding drainage concerns.
Director of Development Services Niall Fritz reviewed the drainage patterns in and around
the Amesbury Court condominiums.
Motion by Mayor Cafagna, seconded by Deputy Mayor Higginson to close the public
hearing and adopt Planning Resolution No. P-04-58, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Tentative Parcel Map (TPM) 04-01 -
Assessor's Parcel Number 323-201-02." Motion carried unanimously.
STAFF REPORTS
ITEM 5 (0200-20)
DEVELOPMENT REVIEW 04-04
APPLICANT: THE RESERVE AT POWAY, LP
Steve Eckis, Special Counsel, stated Council member Rexford lives within 500' of this
request, therefore, would be excused from discussion and action. Council member Rexford
left the meeting room at 7:46 p.m.
City Manager Bowersox presented the staff report. This is a request to construct 9 single-
family homes on the 9 lots of Final Map 14018, located on Grange Place and Creek Road,
within the Creek Road Enclave. APNs: 320-230-01 through 07, 10 and 11.
Dee Fleischman, 14428 Midland Road, expressed concern with the access easement and
disturbing wildlife in the area.
(N. Bothwell, 5302 Alta Bahia Ct., San Diego, 92109, submitted a slip in support of the
request - he did not wish to speak.)
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Motion by Councilmember Goldby, seconded by Council member Emery to adopt Planning
Resolution No. P-04-59. Motion carried 4-0, with Council member Rexford absent.
Council member Rexford returned to the meeting room at 7:50 p.m.
CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR
ITEM 11 (0700-10)
CONSULTANT AGREEMENT
POWAY ROAD DISTRICT MONUMENTATION PROGRAM
GRAPHIC SOLUTIONS
City Manager Bowersox presented the staff report and approval of a Consultant Agreement
between the City of Poway and Graphic Solutions in the amount of $19,950 plus a 10%
contingency of $1,995 for the development of the Poway Road District Monumentation
Program.
Councilmember Goldby asked that this item be pulled for separate action. He supported
the recommendation for approval subject to the Chamber of Commerce's continued
involvement in the program.
Council expressed interest, if banners are included, that designs similar to the stained
glass windows in the library along Poway Road, depicting the area's history, be considered.
Motion by Council member Goldby and seconded by Deputy Mayor Higginson to approve
the agreement subject to continued involvement with the Chamber of Commerce. Motion
carried 5-0.
ITEM 14 (0700-10)
STANDARD AGREEMENT
POWAY GIRLS SOFTBALL LEAGUE
City Manager Bowersox presented the staff report and recommendation for approval,
subject to final review by the City Attorney, of a Standard Agreement between the City of
Poway, the Poway Redevelopment Agency and Poway Girls Softball League for
construction of public improvements for the Aubrey Park project located at the northwest
corner of Midland Road and Aubrey Street.
Council member Goldby expressed concern that the Parks & Recreation Committee had
not reviewed the agreement. City Manager Bowersox indicated the Parks & Recreation
Committee has provided input in the project. Action being requested is based on Council
action last May.
Dee Fleischmann, 14428 Midland Road, urged the Council to make sure that backboards
for the fields meet design standards for Old Poway.
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R. W. Stravros, 13639 Jackrabbit Road, expressed concern that project cost has increased
15% since it was originally approved.
Motion by Councilmember Emery and seconded by Deputy Mayor Higginson to approve
the agreement subject to final review by the City Attorney. Motion carried 4-1 with
Council member Goldby voting "no."
ITEM 15 (0430-50)
APPROPRIATION & ADOPTION
BENEFIT RESOLUTIONS
City Manager Bowersox presented the staff report and recommendation for approval and
adoption of Benefit Resolutions (3 City/3 RDA) for the City of PowaylPoway
Redevelopment Agency Capital Improvement Program.
Dee Fleischman, 14428 Midland Road, expressed concern (which were addressed by
City Manager Bowersox), regarding (1) Commercial Site Acquisition (Project 5915), (2)
Mixed Use Development (Project 5288), (3) Midland Village Improvements (Project 5917),
and (4) Metate Historical Park (New Project).
Motion by Councilmember Emery and seconded by Council member Rexford that Council
approve the following resolutions.
Resolution No. 04-072, entitled, "A Resolution of the City Council of the City of
Poway, California Determining that the Community Road Soundwall Project is of
Benefit to the Paguay Redevelopment Project."
Resolution No. 04-073, entitled, "A Resolution of the City Council of the City of
Poway, California Determining that the Aubrey Park Project is of Benefit to the
Paguay Redevelopment Project."
Resolution No. 04-074, entitled, "A Resolution of the City Council of the City of
Poway, California Approving a Revised Capital Improvement Program Budget for
Fiscal Year 2004-2005."
Motion carried unanimously.
CITY MANAGER ITEMS
17. City Manager Bowersox provided a brief State Budget Update.
(0150-50)
MAYOR AND CITY COUNCIL.INITIATED ITEMS
19. Councilmember Emery thanked staff for addressing his concern regarding mini-
motorcycles on public streets. He also asked if the Blue Sky Ecological Reserve
sign could be enhanced.
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20. Council member Rexford asked staff to respond to concerns of the Green Valley
Civic Association expressed in letters concerning Espola Road and cell towers.
21. Council member Goldby, concerning the video shown earlier in the evening,
expressed disappointment that the Kumeyaay Nation did not embrace their
improvised fellow Kumeyaays in southern Mexico.
23. Mayor Cafagna did not provide a Regional Governance update.
(0150-20)
After a brief discussion, staff was asked to look into warning signs or screening to
warn users of the dog park of potential falling handballs from the nearby baseball
fields.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:30 p.m. upon motion by Deputy Mayor
Higginson, seconded by Council member Goldby.
(
nne Bunch, Interim City Clerk
City of Poway
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