CC 2005 01-18
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JANUARY 18, 2005
The January 18, 2005, 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 City Council Chambers, 13325
Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT
Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford, and Mickey Cafagna
COUN~LMEMBERSABSENT
None
STAFF MEMBERS PRESENT
Jim Bowersox
Penny Riley
Steve Eckis
Diane Shea
James Howell
Deborah Johnson
Mark Sanchez
Charlie Campe
Niall Fritz
Kristen Crane
Paulo Romero
Javid Siminou
Jonathan Smith
Jennifer Johnson
Tracy Boland
Belinda Romero
City Manager
Assistant City Manager
Special Counsel
City Clerk
Director of Public Works
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
Director of Development Services
Senior Management Analyst
Management Assistant
City Engineer
Associate Engineer
Senior Management Analyst
Senior Management Analyst
Senior Recreation Supervisor
FLAG SALUTE
Deputy Mayor Emery led the flag salute.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications. The following
persons spoke:
Lois Downs, 13745 Sycamore Tree Lane, Poway, spoke in support of the Senior Center.
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Catherine Lambert, 12811 Neddick Avenue, Poway, commented on Senior Center board
make-up, terms of membership, by-laws and meetings.
Dee Fleishman, 14428 Midland Road, Poway, addressed the proposed tree ordinance
discussed at the last City Council meeting.
Jay Goldby, 13237 Casa Vista, Poway, spoke on Senior Center issues.
CONSENT CALENDAR
Mayor Cafagna said a request has been made to pull Item 9 for discussion. Motion by
Deputy Mayor Emery, and seconded by Council member Rexford to approve the Consent
Calendar items 4 through 11, except item 9 pulled for discussion. It will be considered in
its numerical order of the agenda.
4. Approval of Minutes - City Council
December 14, 2004 Regular Meeting
December 21, 2004 Regular Meeting
December 28, 2004 Canceled Regular Meeting
6.
Approval of City's Investment Report as of November 30, 2004.
(0450-80)
7. Adoption of Resolution No. 05-003, entitled: "A Resolution ofthe City Council of the
City of Poway, California, Establishing Flashing Yellow Beacons on Twin Peaks
Road between Midland Road and Espola Road," near Twin Peaks Middle and Tierra
Bonita Elementary schools. (0850-60)
8. Adoption of Resolution No. 05-004, entitled: "A Resolution of the City Council of the
City of Poway, California, Establishing Speed Warning Devices on Poway Road at
the lola Way Intersection." (0850-60)
NEW PUBLIC HEARINGS
ITEM 1
ENVIRONMENTAL ASSESSMENT (EA)
AND TENTATIVE TRACT MAP 04-02
SOUTHERN TERMINUS OF WELTON LANE
APN 323-090-59 AND 323-090-67
Mayor Cafagna opened the public hearing. City Manager Bowersox recommended that the
item be continued to February 1, 2005.
No one from the public requested to be heard.
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Motion by Councilmember Higginson, and seconded by Deputy Mayor Emery, to continue
the item to February 1, 2005. Motion carried unanimously.
STAFF REPORTS
ITEM 2
TRANSITION OF BLUE SKY
INTERPRETIVE SERVICES
Staff report by City Manager Bowersox. He reported that the County of San Diego has
operated the interpretive programming forthe Blue Sky Ecological Reserve on behalf of the
City of poway and the County of San Diego for ten years. He reported on the transition of
the responsibility for interpretive services from the County to the City of Poway that is
deemed to be in the best interest of all parties.
The City Council received the report and directed it be filed.
ITEM 3 (0200-25)
MINOR DEVELOPMENT REVIEW 04-90
MINA DE ORO ROAD VEHICLE GATE
APPLICANTS JOHN D. FITCH AND
NEIGHBORING PROPERTY OWNERS
APN 321-111-11 AND 16
Staff report by City Manager Bowersox. This item was continued from the October 26,
2004, City Council meeting at the request of neighboring property owners to allow time to
research legal access rights to Mina De Oro Road. The property owners on Eucalyptus
Heights Road and in the 14800 block of Mina De Oro Road, have submitted an application
and are formally requesting City Council approval of a proposal to install an automatic
(electronic) vehicle gate across Mina De Oro Road just north of the Poway Grade
intersection for security purposes. The signed petition for the gate cites security issues
having to do with automobile and residential break-ins and the dumping of debris and trash
along Mina De Oro Road as problems that the installation of the gate would hopefully
prevent.
The following members of the public spoke in favor of the application:
Larry Murnane, 530 B Street, #1700, San Diego
Denny Keena, 16056 Eucalyptus Heights, Poway
John D. Fitch, 14544 Cedar Ridge Court, Poway
Harry Rogers, 14875 Mina De Oro, Poway
Pat Bonaguidi, 16041 Eucalyptus Heights, Poway
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The following members of the public spoke opposing the application:
Gary Levitt, 3525 Del Mar Heights Road #246, San Diego
Peggy Shoval, 13801 Adrian Street, Poway
Oren Shoval, 13801 Adrian Street, Poway
James Parenti, 12188 Pepper Tree Lane, Poway
Nick Hollon, 12188 Pepper Tree Lane, Poway
Marina Hollon, 12188 Pepper Tree Lane, Poway
The following members of the public submitted speaker slips opposing the application but
did not wish to speak:
Rick Sharabi, no address given
Menachern Shoval13801 Adrian Street, Poway
Motion by Councilmember Rexford, and seconded by Councilmember Boyack, to proceed
with the processing of the Minor Development Review Permit to allow installation of a
vehicle entry gate on Mina De Oro Road. Motion failed 2/3 vote with Councilmembers
Rexford and Boyack voting aye; Mayor Cafagna, Deputy Mayor Emery and Councilmember
Higginson voting no.
Motion by Council member Higginson, and seconded by Deputy Mayor Emery, to direct
staff not to proceed with the Minor Development Review Permit. Motion carried 3/2 with
Mayor Cafagna, Deputy Mayor Emery and Councilmember Higginson voting aye, and
Councilmembers Rexford and Boyack voting no.
ITEM 3A Update (0100-10)
City Council Goals and Objectives
The City Council agreed to hear this item on January 25, 2005, or on a subsequent City
Council agenda.
CONSENT CALENDAR - ITEM PULLED FOR DISCUSSION
Motion by Deputy Mayor Emery, and seconded by Council member Rexford, to remove this
item from the Consent Calendar. Motion carried unanimously.
ITEM 9 (0700-10)
APPROVAL OF AGREEMENT BETWEEN
REDEVELOPMENT AGENCY AND
CAVAGNERO ASSOCIATES FOR
OLD POWAY MASTER PLAN AREA
Staff report presented by City ManagerlExecutive Director Bowersox. Staff has negotiated
a contract with Mark Cavagnero Associates to continue to provide architectural services for
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the art center, train depot, farmers market and multi-tenant restaurant within the Old Poway
Master Plan area. The new agreement addresses the remaining portion of the project that
involves construction drawings, specifications, cost estimates, and construction
administration.
Discussion ensued on concerns on the farmers market design including its size.
Patricia Kent, 12666 Stone Canyon, Poway, thanked Council for the plans to go forward
with the project and attention to fine arts.
Peter Mihalkanin, 14557 Range Park Road, Poway, is interested in the project, especially
the train depot, and wants the railroad volunteers to review plans and drawings.
Joel Balding spoke on behalf of Phil Speer, 12757 Stone Canyon Road, Poway, of his
concerns of the marketplace design.
Dee Fleishman, 14428 Midland Road, Poway, echoed concerns about the farmers market
structure.
This item included in the City Council Minutes for informational purposes only. The action
was taken by the Redevelopment Agency and included in their minutes as follows:
Motion by Chairman Cafagna, and seconded by Agency Member Rexford, to
approve the agreement between the Redevelopment Agency and Mark Cavagnero
Associates for architectural services for the art center, train depot and multi-tenant
restaurant in the Old Poway Master Plan, but not to proceed on final design of the
farmers market and to only preserve a place for a future farmers market in that
location; further, to continue the relationship with Poway Midland Railroad
Volunteers, Community Fine Arts Advisory Committee, among others, during design
and construction phases of the project. Motion carried unanimously by the Agency
Board.
12. CITY MANAGER ITEMS
Special Counsel Steve Eckis announced the need for the City Council to add an
emergency item to the agenda relating to the protection of the sewer line in
Rattlesnake Creek. The need for immediate action arose after the posting of the
agenda on Friday, January 14, 2005 and requires a 2/3 vote of the Council pursuant
to Government Code 954954.2.
Motion by Deputy Mayor Emery, and seconded by Councilmember Higginson to add
item 12a. as an emergency item. Motion carried 5/0.
12a. Resolution Finding and Declaring the Existence of an Emergency Within the City of
Poway and Waiving the Notice and Bidding Requirements in Connection with
Repairs Required Thereby.
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City Manager Bowersox gave a staff report explaining that during the last rainstorm,
significant damage to the new earthen channel next to Community Road occurred in
an area where sewer line crosses the channel, at about the midpoint of the new
channel work. Both Development Services and Public Works staff feel that this
poses an imminent potential for the sewer line to break and dump raw sewage into
the creek.
After meeting with the Regional Water Quality Board and Army Corps of Engineers
staff they also agreed that something needed to be done to protect the sewer line.
They have approved emergency permits to allow the repairs that are needed.
Motion by Deputy Mayor Emery, and seconded by Council member Higginson to
approve Resolution 05-005 of the City of Poway, California, Finding and Declaring
the Existence of an Emergency within the City and Suspending Notice and Bidding
Requirements in Connection with Repairs Required Thereby. Motion carried
unanimously.
12b. City Manager Bowersox thanked Council member Rexford for her support of staff
in Council meetings.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
14. Councilmember Boyack reported on her attendance at the League of California
Cities conference for new council members.
15a. Council member Rexford requested and received Council concurrence for the
appointment of Michael Fry as a member to the Parks and Recreation Advisory
Committee.
15b. Further, Councilmember Rexford reported on meetings with the legislature in
Sacramento relating to housing and redevelopment issues.
15c. Council member Rexford requested staff obtain copies of two videos: a presentation
that appeared on the History Channel about the Poway Midland Railroad, and a
copy of the video program developed by Tierra Bonita Elementary sixth grade
students.
ADJOURNMENT
M,y"' C"'9"' ,djo"m,d th, moot;"9 ,t "20 p.mJ( ~ wik
L. Diane Shea, City Clerk
City of Poway, California
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