CC 2004 09-07
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
SEPTEMBER 7, 2004
The September 7, 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
Jim Bowersox
Penny Riley
Tamara Smith
Jeanne Bunch
Robert Clark
James Howell
Mark Sanchez
Charlie Campe
Niall Fritz
Deborah Johnson
Paolo Romero
Patti Brindle
City Manager
Assistant City Manager
City Attorney
I nterim City Clerk
Director of Community Services
Director of Public Works
Director of Safety Services
Sheriff's Captain
Director of Development Services
Director of Redevelopment Services
Management Assistant
City Planner
FLAG SALUTE
Deputy Mayor Higginson led the Flag Salute.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications. No one
requested to speak.
CONSENT CALENDAR. NOTICE TO PUBLIC
Mayor Cafagna pulled Item #10 for separate action.
Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford to approve the
remainder of the Consent Calendar as follows:
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6. Ratification of Warrant Register for the period of August 9-13,2004. (0475-20)
7. Approval of Minutes - City Council
August 17, 2004 - Regular Meeting
August 24, 2004 - Canceled Regular Meeting
9.
Approval of City's Investment Report as of July 31,2004.
(0450-80)
11. Adoption of Resolution No. 04-076, entitled, "A Resolution of the City Council of the
City of Poway, California, Supporting Renewal of the North San Diego County
Recycling Market Development Zone." (0380-20)
12. Adoption of Resolution No. 04-077, entitled, "A Resolution of the City Council ofthe
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)." (0780-60)
13. Adoption of Resolution No. 04-078, entitled, "A Resolution of the City Council of the
City of Poway, California, Granting an Easement for the Maintenance and Operation
of the Maderas Golf Course to the Maderas Country Club, LLC, Its Successors and
Assigns, Over a Portion of the Property Identified as APN: 277-170-10." (0210-30)
Motion carried unanimously.
CONTINUED PUBLIC HEARINGS
ITEM 1 (0850-65/#608)
ORDINANCE NO. 608/FIRST READING
SET SPEED LIMITS IN CITY OF POWAY
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 608, "An
Ordinance of the City of Poway, California, Amending Section 10.32.010 of the Poway
Municipal Code to Set Speed Limits in the City of Poway." (Continued from August 3,
2004, Item #5)
City Manager Bowersox presented the staff report setting speed limit reductions and
increases as recommended in the May 2004 Engineering and Traffic Study.
There was no one present wishing to speak.
Motion by Deputy Mayor Higginson, seconded by Council member Emery to waive further
reading (unanimous vote) and continue the hearing to September 21, 2004 for second
reading and adoption. Motion carried unanimously.
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NEW PUBLIC HEARINGS
ITEM 2 (0210-801#609)
ORDINANCE NO. 609/FIRST READING
MUNICIPAL CODE AMENDMENT, CHATER 16.54
SURFACE MINING AND RECLAMATION
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 609, "An
Ordinance of the City of Poway, California, Amending Chapter 16.54 of the Poway
Municipal Code pertaining to Surface Mining and Reclamation (ZOA 84-03)."
City Manager Bowersox presented the staff report and said these regulations need to be
updated to be consistent with State Law. The updated regulations will necessitate
additional conditions of approval to be added to the Vulcan Materials CUP, which will occur
in conjunction with the CUP annual review to be brought before City Council this fall.
There was no one present wishing to speak.
Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford to waive further
reading and continue the hearing to September 21,2004 for second reading and adoption.
Motion carried unanimously.
ITEM 3 (0210-30)
CONDITIONAL USE PERMIT 00-21 M
TELECOMMUNICATIONS FACILITY
APPLICANT: VERIZON WIRELESS
Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff
report. This is a request to install a telecommunications facility at Poway High School
located at 15500 Espola Road. APN: 278-450-27
Michael Collier, 5 Park Plaza, #1400, San Diego, 92614, representing the applicant was
available to answer questions. No one else requested to speak.
Motion by Deputy Mayor Higginson, seconded by Councilmember Emery to close the
public hearing and adopt Planning Resolution No. P-04-60, entitled "A Resolution of the
City Council of the City of Poway, California, Approving Conditional Use Permit 00-21 M
Assessor's Parcel Number 278-450-27." Motion carried unanimously.
ITEM 4 (0210-30)
CONDITIONAL USE PERMIT 90-13M(3)
MADERAS GOLF CLUB MODIFICATIONS
APPLICANT: SUNROAD ENTERPRISES
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Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff
report. This is a requestto modify the existing Conditional Use Permitforthe Maderas Golf
Club to allow the continued use of temporary structures on the site located at 17750 Old
Coach Road. APN: 277-170-06.
The following persons spoke concerning the request:
Joe Gallagher, 18152 Old Coach Road, Poway, spoke in opposition and said if Council
decides to approve the request, that any extension be limited to two years and that a
performance bond be required.
Howard Bunfield, 18090 Old Coach Drive, Poway, submitted a petition opposing the
extension and requesting the removal of all temporary structures within 30 days. He also
submitted several photographs of the golf course and temporary structures.
Rick Vann, 9445 Eastgate Mall, Poway, representing Sunroad Enterprises, responded to
Council concerns and comments.
Motion by Mayor Cafagna, seconded by Deputy Mayor Higginson to close the public
hearing and adopt Planning Resolution No. P-04-61, entitled: "A Resolution of the City
Council of the City of Poway, California, Approving Conditional Use Permit 90-13M(3)
Assessor's Parcel Number 277-170-06;" said approval restricts the applicant to obtaining
permits and starting construction within one year with one additional year to complete the
project. Motion carried unanimously.
ITEM 5 (0910-20)
RESOLUTION OF INTENTION
ESTABLISH UNDERGROUND UTILITY DISTRICT NO. 65
Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff
report indicating that Council action will start the process to utilize Rule 20A funds to
underground existing overhead utilities along Midland Road from Aubrey Street to
Edgemore Street.
There was no one present wishing to speak.
Motion by Council member Goldby, seconded by Councilmember Rexford to close the
public hearing and adopt Resolution No. 04-079, entitled "A Resolution of the City Council
of the City of Poway, California, Establishing Underground Utility District No. 65." Motion
carried unanimously.
CONSENT CALENDAR ITEMS CONTINUED
ITEM 10 (0475-20)
ESCHEAT MONEY IN TREASURY
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Councilmember Goldby asked that this item be pulled for discussion and asked if certified
letters had been sent to the recipients. Staff explained letters were sent and that these
unclaimed funds become the property of the city after a period of three years preceded by
a legal notice in a newspaper once a week for two consecutive weeks.
Motion by Council member Goldby, seconded by Deputy Mayor Higginson to direct staff to
escheat the checks listed and return the funds to the General Fund if the noticed monies
are not claimed. Motion carried unanimously.
CITY MANAGER ITEMS
14. City Manager Bowersox provided a brief State Budget Update.
(0150-50)
City Manager Bowersox reported that Jim Page passed away last Saturday, September
4, at the age of 68. He was a Chief Fire Officer at Carlsbad for a number of years, and
then became a consultant on fire safety issues. His son, Andy Page, is a Fire Captain
with the City of Poway.
MAYOR AND CITY COUNCIL.INITIATED ITEMS
16. Councilmember Emery requested Council discussion concerning conflict resolution
procedures at City sponsored Workforce Housing. Council concurred to direct staff
to research procedures for mediating disputes between tenants and landlords.
18. Councilmember Goldby requested Council discussion concerning creating a set of
guidelines for Council member behavioral and ethical standards toward each other,
staff and the public. Discussion was held, but no direction given.
20. Mayor Cafagna did not provide a Regional Governance update.
(0150-20)
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:00 p.m. upon motion by Deputy Mayor
Higginson, seconded by Council member Rexford. Motion carried unanimously.
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