CC 2004 10-26
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
OCTOBER 26, 2004
The October 26, 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
Sherrie Worrell
Jim Howell
Robert Krans
Charlie Campe
Deborah Johnson
Warren Shafer
Robert Clark
Patti Brindle
Kristen Crane
Javid Siminou
Jeff Beers
Ingrid Alverde
Luisa Tumini
David Narevsky
Paolo Romero
City Manager
Assistant City Manager
City Attorney
Deputy City Clerk
Director of Public Works
Fire Chief
Sheriff's Captain
Director of Redevelopment Services
Director of Administrative Services
Director of Community Services
City Planner
Senior Management Analyst
City Engineer
Assistant Engineer
Housing Program Manager
Redevelopment Coordinator
Redevelopment Manager
Management Assistant
FLAG SALUTE
Deputy Mayor Higginson led the flag salute.
PRESENTATIONS
Director of Redevelopment Services Deborah Johnson and Housing Program Manager
Ingrid Alverde, gave a thirty-minute PowerPoint presentation on the S.upport of H.ome
O.wnership in P.oway Program (SHOP.). (0260-10)
STAFF REPORTS
Mayor Cafagna said that Agenda Item 10 would be considered at this time.
ITEM 10 (0260-10)
POWAY AFFORDABLE HOMEOWNERSHIP PROGRAM
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City Manager Bowersox presented the staff report. On March 12,2002, the City Council
adopted the Comprehensive Affordable Housing strategy, which identified an affordable
home ownership program as a needed housing program for the poway community.
Council's approval of this program will authorize the implementation of the program as
eligible candidates and properties are presented.
Motion by Deputy Mayor Higginson, seconded by Council member Rexford, to approve the
City Manager's recommendation and adopt Resolution No. 04-091, entitled: "A Resolution
of the City Council of the City of Poway, California, Making Certain Requisite Findings that
the Supporting Home Ownership in Poway Program is of Benefit to the Redevelopment
Project Area," and Resolution No. R-04-10, entitled: "A Resolution of the Poway
Redevelopment Agency Making Certain Requisite Findings that the Supporting Home
Ownership in Poway Program is of Benefit to the Redevelopment Project Area." Motion
carried 5-0.
PRESENTATIONS
Assistant Engineer Jeff Beers gave a fifteen-minute PowerPoint presentation on the
Proposed Architectural Features of the Aubrey Park Project (CIP #5657). (0700-10)
The following person spoke regarding the design features:
Dee Fleischman, 14428 Midland Road, inquired as to whether parking would be available
in the future where the detention basin is proposed; if something other than concrete
curbing could be used around the trees; and the possibility of naming the park after a
historical figure from Poway or re-naming it "Piermont Park," which it was originally known
as.
STAFF REPORTS
Mayor Cafagna stated that Agenda Item 9 would be considered at this time due to the
number of people in attendance.
ITEM 9 (0200-25)
MINOR DEVELOPMENT REVIEW 04-90
MINA DE ORO ROAD ACCESS GATE
ASSESSOR'S PARCEL NUMBERS: 321-111-11 AND 16
APPLICANT: JOHN FITCH
Mayor Cafagna stated this is a request by the property owners on Eucalyptus Heights
Road and the 14800 block of Mina De Oro Road along with John Fitch to install an
electronic vehicle gate across Mina de Oro Road just north of the Poway Grade
intersection for security purposes.
Mayor Cafagna announced that due to a family medical emergency the applicant, John
Fitch, was unable to attend tonight's meeting; however due to the number of people in
attendance, testimony would be taken and the item would be continued.
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City Attorney Smith stated that a letter had been submitted on behalf of Mr. and Mrs.
Shoval, owners of the affected parcels, requesting the item be continued for 90 days.
The following people spoke regarding the project:
Mitchell Berner, Public Solutions, 402 W. Broadway #1050, San Diego, representing the
property owners, Mr. and Mrs. Menachem Shoval, requested this item be continued for 90-
days.
John Pavin, 16155 Poway Road, requested the item be continued.
Motion by Council member Emery, seconded by Deputy Mayor Higginson to continue the
item for 90 days (January 25, 2005). Motion carried 5-0.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications. The following
individual spoke:
Joe St. Lucas, 13033 Earlgate Court, thanked staff for working with the Poway Honda and
Dodge dealerships to eliminate the parking, noise and test-driving issues that were
occurring in the neighborhood.
CONSENT CALENDAR
Motion by Council member Goldby, seconded by Deputy Mayor Higginson to approve the
Consent Calendar as follows:
11. Ratification of Warrant Register forthe period of September 27 to October 1,2004.
(0475-20)
12. Approval of Minutes - City Council
October 5, 2004 Regular Meeting
October 7,2004 Canceled Adjourned Regular Meeting
October 12, 2004 Regular Meeting
14. (a) Adoption of Resolution No. 04-092, entitled: "A Resolution ofthe City Council of
the City of Poway, California, Adopting through Incorporation by Reference the Fair
Political Practices Commission's Standard Conflict of Interest Code 2 California
Code of Regulations Section 18730 and Rescinding Resolution No.03-082," and
(b) Adoption of Resolution No. R-04-11, entitled: "A Resolution of the Poway
Redevelopment Agency Adopting through Incorporation by Reference the Fair
Political Practices Commission's Standard Conflict of Interest Code 2 California
Code of Regulations Section 18730 and Rescinding Resolution No. R-03-11 ," and
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(c) Adoption of Resolution No. 04-093, entitled: "A Resolution ofthe City Council of
the City of Poway, California Approving the Poway Redevelopment Agency's
Adoption through Incorporation by Reference the Fair Political Practices
Commission's Standard Conflict of Interest Code 2 California Code of Regulations
Section 18730 and the Amended List of Designated Positions subject to the
Reporting Requirements of the Agency's Conflict of I nterest Code and Rescinding
Resolution No. 03-083." (0720-30)
15. Adoption of Resolution No. P-04-81, entitled: "A Resolution of the City Council of
the City of Poway, California, Approving Temporary Use Permit 04-63 to Hold
Christmas in the Park 2004 at Old Poway Park" on Saturday, December 11,2004.
(0210-60)
16. Acceptance of the Poway Center for the Performing Arts Flooring Project from
Spectra Contract Flooring. (0700-10)
17. Rejection of Claims Against the City (2) Ian Locket and Mitzie Travers (0190-10)
18. Adoption of Resolution No. P-04-82, entitled: "A Resolution of the City Council of
the City of Poway, California, Approving Temporary Use Permit 04-76 to Hold the
Poway High School Homecoming Parade" on November 5, 2004, Poway High
School Associated Student Body, Applicant. (0210-60)
18.1 Award of bid for the Fire Protection Upgrades - Orchard Bend Area Project (#1744)
to RMR Construction in the amount of $170,895. (Continued from October 19,
2004, Item #11). (0700-10)
Motion carried unanimously.
CONTINUED PUBLIC HEARING
ITEM 1 (0240-301#611)
ORDINANCE NO. 611/SECOND READING
2004 AMENDMENT
PAGUAY REDEVELOPMENT PROJECT AREA
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 611, "An
Ordinance ofthe City of Poway, California, Approving and Adopting an Amendment to the
Redevelopment Plan for the Paguay Redevelopment Project." (Continued from October 5,
2004, Item #1a).
No one requested to speak concerning this hearing.
Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford, to close the
public hearing and adopt Ordinance No. 611. Motion carried 5-0 on a roll call vote.
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ITEM 2 (0210-801#612)
ORDINANCE NO. 612/SECOND READING
GPA AMENDMENT 04-01; ZONE CHANGE 04-01
SPA 88-01 D; SPA 89-06A; CUP 89-10M(5)
Mayor Cafagna opened the public hearing and read the titles of the following ordinance
and resolutions.
(a) Ordinance No. 612 - Second Reading, entitled: "An Ordinance of the City of
Poway, California, Changing the Zoning Classification of Certain Properties (ZC 04-
01) APN's 314-212-02 through 06; 314-220-02, 03, 33-35, & 69; 314-193-39 and a
portion of 40." (Continued from October 12, 2004, Item #2)
(b) Modification of Conditional Use Permit 89-1 OM(5) to expand the boundaries
and land uses within Old Poway Park;
(c) Amendment to the Old Poway Town Park Specific Plan (SPA) 89-06A; and
(d) Specific Plan Amendment (SPA) 88-01 D, an amendment to the Old Poway
Specific Plan to correct land use and boundary changes associated with General
Plan Amendment/Zone Change 04-01.
No one requested to speak concerning this hearing.
Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford, to close the
public hearing and adopt Ordinance No. 612;
Planning Resolution No. P-04-83, entitled: "A Resolution of the City Council of the City of
Poway, California, Approving Modification to Conditional Use Permit 89-1 OM(5) Expanding
the Boundaries of the Old Poway Park APNs: 314-212-02 through 06; 314-220-02, 03, 33,
34,35 & 69; 314-193-39 and a portion of 40;"
Resolution No. 04-094, entitled: "A Resolution of the City Council of the city of Poway,
California, Approving Old Poway Town Park Specific Plan Amendment SPA 89-06A and
Rescinding Resolution No. 89-135 APNs: 314-212-02 through 06; 314-220-02, 03, 33,
34,35 & 69; 314-193-39 and a portion of 40;" and,
Resolution No. 04-095, entitled: "A Resolution of the City Council of the City of Poway,
California, Approving Old Poway Specific Plan Amendment SPA 88-01 D APNs: 314-212-
02 through 06; 314-220-02, 03, 33, 34, 35 & 69; 314-193-39 and a portion of 40."
Motion carried 5-0 on a roll call vote.
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NEW PUBLIC HEARINGS
ITEM 3 (0700-101#615)
ORDINANCE NO. 615/FIRST READING
RESOLUTION OF INTENTION
CALPERS CONTRACT AMENDMENT
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 615, "An
Ordinance of the City of Poway California, Authorizing an Amendment to the Contract
Between the City Council and the Board of Administration of the California Public
Employees' Retirement System." Staff report by City Manager Bowersox. The California
Public Employees' Retirement System (CaIPERS) provides for certain Optional Benefits
that are available to contracting agencies through the contract amendment process. It is
requested that the City Council adopt the Resolution of Intention to approve an amendment
to the existing CalPERS contract, and proceed with the first reading of the Ordinance
authorizing an amendment to the contract, as required by CaIPERS.
No one requested to speak concerning this hearing.
Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford, to adopt
Resolution No. 04-096, entitled, "A Resolution of Intention of the City Council of the City of
Poway, California, to Approve an Amendment Between the Board of Administration of the
Public Employees' Retirement System and the City of Poway," waive further reading and
continue the public hearing to November 16, 2004, for second reading and adoption of the
Ordinance. Motion carried 5-0.
ITEM 4 (0780-60)
VACATION 04-01
PORTIONS OF COUNTY ROAD RS 722
Mayor Cafagna opened the public hearing and City Manager Bowersox presented the staff
report. City Council declared the intention to vacate this street by resolution on October 5,
2004. Maderas Country Club, LLC, has requested the City to vacate portions of County
Road RS 722, within Parcel 3 of Parcel Map No. 17989.
No one requested to speak concerning this hearing.
Motion by Councilmember Rexford, seconded by Councilmember Emery, to close the
public hearing, approve the City Manager's recommendation and adopt Resolution No. 04-
097, entitled: "A Resolution of the City Council of the City of Poway, California, Ordering
the Vacation of Portions of County Road RS 722, within Parcel 3 of Parcel Map No. 17989
(Vacation 04-01 )." Motion carried 5-0.
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ITEM 5 (0780-08)
ENVIRONMENTAL ASSESSMENT (EA) 04-09
PROPERTY ACQUISITION
12920 METATE LANE
ASSESSORS PARCEL NO. 317-350-30
Mayor Cafagna opened the public hearing. Council member Goldby disqualified himself
due to a conflict of interest and left the dais. City Manager Bowersox presented the staff
report recommending that the City Council approve the Negative Declaration, adopt
Planning Resolution approving Environmental Assessment 04-09; authorize the
expenditure of $3,210,000 from the appropriated Agency's Housing Fund; authorize the
appropriation and expenditure of $1,290,000 from the Agency's Housing Fund
Unappropriated Fund Balance; approve the purchase; and, authorize the City Manager to
execute the necessary documents.
The following people stated they had not received notification of the meeting and were
opposed to affordable housing going into this area.
William Parmley, 12546 Metate Lane
Karen Andrews, 12461 Metate Lane
Rose Wolf, 12835 Soule Street
In addition, the following people spoke concerning the acquisition:
Matt Hamson, 12837 Casa Court, expressed a concern about going from an open area to
high-density housing.
John Nuttall, 12836 Casa Court, proposed locating historic homes on the parcel.
Valerie Raymond, 12829 Soule Street, expressed a concern with the road going through
Metate to Soule Street.
Connie Messina, 12643 Oak Knoll Road, expressed a concern with more affordable
housing going into the South Poway area.
Motion by Deputy Mayor Higginson, seconded by Mayor Cafagna, to close the public
hearing, approve the City Manager's recommendation and adopt Planning Resolution No.
P-04-84, entitled: "A Resolution of the City Council of the City of Poway, California,
Approving Environmental Assessment 04-09 Acquisition of Property at 12920 Metate Lane
Assessor's Parcel Number 317-350-30." Motion carried 4-0 with Councilmember Goldby
absent.
Councilmember Goldby returned to the dais.
ITEM 6 (0210-30)
CONDITIONAL USE PERMIT 04-13
12601 COBBLESTONE CREEK ROAD
ASSESSOR'S PARCEL NUMBER: 316-063-02
APPLICANT: DELTA GROUPS ENGINGEERING
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Mayor Cafagna opened the public hearing. City Manager Bowersox stated the applicant
has requested this item be continued to November 9, 2004.
No one requested to speak concerning this hearing.
Motion by Deputy Mayor Higginson, seconded by Councilmember Emery, to continue the
public hearing to November 9, 2004. Motion carried 5-0.
ITEM 7 (0210-70)
DEVELOPMENT REVIEW 04-05NARIANCE 04-10
12416 OAK KNOLL ROAD
ASSESSOR'S PARCEL NUMBERS: 317-540-35 AND 36
APPLICANT: JERROLD HENNES
Mayor Cafagna opened the public hearing and the staff report was presented by City
Manager Bowersox. This is a request to allow the construction of an orthodontist building
on a developed site on the northeast corner of Oak Knoll Road and Pomerado Road. The
project would involve the removal of an existing duplex on the site. The request also
includes a Variance to allow a portion of the required parking spaces to observe a 15 %-
foot setback where a 20-foot setback is required for parking spaces in the zone.
No one requested to speak concerning this hearing.
Motion by Councilmember Emery, seconded by Deputy Mayor Higginson, to close the
public hearing and adopt Planning Resolution No. P-04-85, entitled: "A Resolution of the
City Council of the City of Poway, California, Approving Development Review 04-05 and
Variance 04-10 Assessor's Parcel Numbers 317-540-35 and 36." Motion carried 5-0.
STAFF REPORTS
ITEM 8 (0750-10)
STATUS REPORT
ILLEGAL ENCAMPMENTS
City Manager Bowersox presented a status report concerning illegal encampment activities
for July through September 2004.
Council concurred to receive and file the report.
ITEM 10.1 (0780-40)
CONSERVATION EASEMENT DEED
ACCEPTANCE AND RELOCATION
OWNER: ROBERT BOONE APN 321-110-02
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Staff report by City Manager Bowersox. This item was brought before the City Council on
October 12,2004. It is an 80.5-acre parcel, located east of High Valley and includes 52.45
acres of mitigation easement for Scripps Poway Parkway habitat impact, 18 acres of
mitigation easements entrusted to The Environmental Trust for private development
projects impacts, 4.1 acres of road easements, 2 acres for a single-family home site, and 4
acres of habitat impacts associated with the 2-acre on-site building envelope. At that time,
staff was recommending the City accept a Quitclaim Deed from The Environmental Trust.
Since The Environmental Trust is nearing bankruptcy, the City attorneys of the numerous
jurisdictions in which The Environmental Trust owns land or easements have expressed
common direction that none of the jurisdictions purchase or accept land from the Trust until
all of their collective bankruptcy issues have been resolved. As such, staff is
recommending the removal of the acceptance of the Quitclaim Deed from The
Environmental Trust and that Council approve the relocation of the building pad to a less
biologically sensitive area.
Motion by Councilmember Goldby, seconded by Councilmember Emery to approve the
relocation of the building pad. Motion carried 5-0.
CITY ATTORNEY ITEMS
20A. Status of Ordinance No. 600 regarding the consumption of alcohol by minors.
(0740-201#600)
City Attorney Smith reported that the San Diego Appellate Division of the Superior
Court ruled that the City of San Diego's host party ordinance was unconstitutional,
that it requires knowledge on the part of the host who is being charged with the
crime for allowing a minor to drink. Since Poway's ordinance is based on San
Diego's, it is recommended that Poway discontinue enforcement until a new
ordinance is adopted.
Council discussed the ramifications if enforcement were continued while the City
Attorney develops a new ordinance, and who would prosecute the citations. City
Attorney Smith stated that San Diego would decline to prosecute the citations,
however the City could still enforce the ordinance.
Council concurred to continue enforcing the ordinance while the City Attorney
develops a new ordinance.
20B. City Attorney Smith requested the following Closed Session. A report out would
be given.
Closed Session pursuant to Government Code 954957
Employee Appointment
Government Code 954957
Position Title: City Clerk
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MAYOR AND CITY COUNCIL.INITIATED ITEMS
21A. Council member Emery requested a discussion of the Character Counts program
and ways the City might participate. Council concurred that the City should work in
conjunction with the school district to provide this program to youth at various
locations and events.
Council member Emery requested staff look at the possibility of having the video
prepared by the Tierra Bonita Video News Team placed on the community access
channel.
25A. Mayor Cafagna did not provide a Regional Governance Update.
(0150-20)
25B. By consensus Council ratified Mayor Cafagna's appointment of Kara Duggan to the
Teen Issues Committee (0120-80)
CLOSED SESSION
Mayor Cafagna called for Closed Session at 9:00 p.m., as requested by City Attorney
Smith.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 9:27 p.m. with all members present.
City Attorney Smith reported that City Council had appointed Diane Shea, currently with the
City of Coronado, as the new City Clerk.
Mayor Cafagna adjourned the meeting at 9:30 p.m. upon motion by Deputy Mayor
Higginson, seconded by Council member Rexford. Motion carried 5-0.
~1~pJ1vuajJ
Sherrie D. .Worrell, Deputy City Clerk
City of Poway, California
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