CC 2004 10-19
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
OCTOBER 19, 2004
The October 19, 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
Steve Eckis
Jeanne Bunch
Dennis Quillen
Bob Krans
Charlie Campe
Niall Fritz
Deborah Johnson
Warren Shafer
Kristen Crane
City Manager
Assistant City Manager
Special Counsel
Interim City Clerk
Assistant Director of Public Works
Fire Chief
Sheriff's Captain
Director of Development Services
Director of Redevelopment Services
Director of Administrative Services
Senior Management Analyst
FLAG SALUTE
Deputy Mayor Higginson led the flag salute.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications. The following
individuals spoke.
Barbara Lerma, 12877 Carriage Road, and Tom Scott, 13038 Creek Park Drive, both
congratulated the City Council on the new City Office Complex and Saturday's dedication
ceremonies.
PROCLAMATIONS
Mayor Cafagna presented a proclamation to Linda Vanderveen, Poway Unified School
District, declaring Character Counts! Week as October 17 - 23, 2004.
Mayor Cafagna presented a proclamation to Andy Patapow, Poway Unified School District,
declaring Red Ribbon Week as October 23 - 31, 2004.
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CONSENT CALENDAR
Mayor Cafagna said a request has been received to pull Item #10 for discussion.
Motion by Councilmember Goldby, seconded by Council member Rexford to approve the
following items on the Consent Calendar:
5. Ratification of Warrant Register for the period of September 20-24, 2004. (0475-20)
6. Approval of Minutes - City Council
September 28, 2004 Regular Meeting
8. Acceptance of Task 5 of the Demolition of Residential and other Miscellaneous
Structures and Hazardous Materials Abatement As-Needed Services Project
5920A, on the Dunster property at 12430 Poway Road. Clauss Construction.
(0700-10)
9. Approval of Temporary Water Connections for Blue Crystal Trails Properties to
serve APN's 321-270-03, 321-270-21 and 321-270-60, subject to the conditions
listed in the report. (0930-50)
11. Award of bid for the Fire Protection Upgrades - Orchard Bend Area Project (#1744).
Continue to October 26,2004. (0700-10)
11.1 Approval of Appropriation in the Amount of $170,000 for Fire Station #3 Slope
Reconstruction. (0480-10)
Motion carried unanimously.
NEW PUBLIC HEARINGS
ITEM 1 (0350-801#613)
ORDINANCE NO. 613/FIRST READING
ADDING CHAPTER 8.11
ALCOHOLIC BEVERAGE WARNING SIGNS
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 613, "An
Ordinance of the City of Poway, California, Requiring the Placement of Educational Posters
Warning Against Drinking and Driving for all On-Sale Establishment." City Manager
Bowersox presented the staff report.
The following persons spoke concerning this hearing.
Stephen Zolezzi, 2515 Camino del Rio South, 3220, San Diego 92108, representing the
County Food & Beverage Association, said his organization is responsible for training
alcohol beverage servers. He was opposed to the ordinance as he felt it would have a
negative impact on some businesses.
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Marianne Nealan, 13391 Via Stephen, Poway, representing Patrick's Irish Pub, was
supportive of the ordinance and getting assistance in driving inebriated patrons home.
Ray Gross, P. O. Box 81362, San Diego, 92138-1362, representing Designated Drivers
Association of San Diego, was supportive of the proposed ordinance. In response to
Council, Mr. Gross said their organization is non-profit and holds the designation of a
501 (c) (3) corporation.
Council discussed the relationship between the Designated Drivers Association and local
businesses; whether or not posters were effective; the fact that some posters may be
inappropriate for families with children; content and design; where they should be
displayed; and the inclusion of a disclaimer on the posters.
Steve Eckis, Special Counsel, suggested amending Section 8.11.050 so that compliance is
within 60 days of the effective date of the ordinance instead of January 1, 2005, as
indicated. In addition, that reference to smoking areas within the proposed ordinance be
removed.
Becky Warren, representing the California Restaurant Association, concurred with Special
Counsel.
Motion by Mayor Cafagna, seconded by Councilmember Emery, to waive further reading of
Ordinance No. 613, as amended, to include Special Counsel's comments, and continue
the hearing to November 9, 2004 for second reading and adoption. Motion carried 5-0.
ITEM 2 (0850-25/#614
ORDINANCE NO. 614/FIRST READING
ANGLE PARKING ON MIDLAND ROAD
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 614, "An
Ordinance of the City of Poway, California, Establishing Angle Parking on Midland Road
Between Twin Peaks Road and Orange Blossom Lane."
There were no speakers concerning this hearing.
Motion by Councilmember Rexford, seconded by Deputy Mayor Higginson to waive further
reading of Ordinance No. 614 and continue the hearing to November 9,2004 for second
reading and adoption. Motion carried 5-0.
ITEM 3 (0250-15)
FUNDING ALLOCATION FOR 2005-06
CDBG PROGRAM
Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff
report and recommendation that Council allocate $227,318 in funding to the following
projects: Homeshare & Community Connections Program, #5961 ($40,000); CDBG
Residential Rehabilitation Program, #5971 ($87,318); ADA Public Facility Improvements
($100,000); and authorize the City Manager to execute contracts with the County of San
Diego for management and implementation of the CDBG projects, subject to the City
Attorney's approval as to form. 8227
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Mr. Bowersox said it is also recommended that funding for these projects be loaned from
the Redevelopment Agency's Unappropriated Fund balance to the CDBG Fund and repaid
as reimbursements are received from the County.
There were no speakers concerning this hearing.
Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford to close the
public hearing and approve the City Manager's recommendation. Motion carried: 5-0.
STAFF REPORTS
ITEM 4 (0200-25)
MINOR DEVELOPMENT REVIEW (04-59)
PARK CREEK HOMEOWNERS ASSOCIATION
City Manager Bowersox presented the staff report and recommendation. This is a request
to allow the installation of a vehicle and pedestrian access fence and gate across Creek
Park Drive, at the intersection with the Bowron Road cul-de-sac, within the Residential
Condominium zone (APN: 317-770-52)
The following submitted speaker slips in support, but did not speak:
Dave Bessie, 12959 Creek Park Drive, Poway
Clark Moskop, 12903 Creek Park Drive, Poway
Tom Scott, 13038 Creek Park Drive, Poway (applicant)
Tim Revers, 13214 Creek Park Lane, Poway
Dorothy Simon, 12943 Creek Park Drive, Poway
Steve Hutchins, 9888 Settle Road, Santee (Park Creek Homeowners)
Motion by Council member Emery, seconded by Councilmember Rexford to adopt Planning
Resolution No. P-04-80, entitled: "A Resolution of the City Council of the City of Poway,
California Approving Minor Development Review (MDRA) 04-59 - Assessor's Parcel
Number 317-770-57." Motion carried 5-0.
CONSENT CALENDAR (PULLED FOR SEPARATE ACTION)
ITEM 10 (0860-10)
TIME-LIMITED NO-PARKING ZONES
STREET SWEEPING ON OAK KNOLL ROAD
Mayor Cafagna said this item was pulled from the Consent Calendar at the request of
Connie Messina. City Manager Bowersox said Council approval would create time-limited
no-parking zones for the purposes of street sweeping on the north side of Oak Knoll Road
between Pomerado Road and Carriage Road on Wednesdays between 10 a.m. and noon,
and on the south side of Oak Knoll Road between Pomerado Road and Carriage Road on
Tuesdays between 10 a.m. and noon.
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Connie Messina, 12643 Oak Knoll Road, Poway, spoke in support ofthe recommendation.
Motion Council member Goldby, seconded by Council member Rexford to adopt Resolution
No. 04-090, entitled: "A Resolution of the City Council of the City of Poway, California,
creating time-limited No-Parking Zones During Street Sweeping Time on Oak Knoll Road
between Pomerado Road and Carriage Road." Motion carried 5-0.
CITY MANAGER ITEMS
12. City Manager Bowersox said as a result of the heavy rains, sand and bags are
available for Poway residents on the east side of Midland Road (across from the
Train Barn in Old Poway Park) and on the south side of Garden Road (across from
Garden Road Park). He also indicated city crews were cleaning out the retention
basins.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
14. Councilmember Emery expressed concern that motorcyclists were using the
pedestrian and equestrian trails in the Business Park area. He suggested staff look
into this matter.
15. Councilmember Rexford thanked the City Manager for arranging for sandbags and
concurred with Councilmember Emery regarding motorcyclists in the Business Park.
16. Council member Goldby questioned recent legal advice concerning citations
pertaining to the House Party Ordinance. Council concurred to schedule this matter
on the October 26th agenda for discussion.
18. Mayor Cafagna did not provide a Regional Governance Update
(0150-20)
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:20 p.m. upon motion by Deputy Mayor
Higginson, seconded by Councilmember Rexford. Motion carried 5-0.
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eanne Bunch, Interim City Clerk
City of Poway, California
8229