CC 2005 01-25
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JANUARY 25,2005
The January 25,2005, Regular Meeting of the City Council of the City of Poway, was
called to order at 7:05 p.m. by Mayor Cafagna at the City Council Chambers, 13325 Civic
Center Drive, Poway, California.
COUNCILMEMBERS PRESENT
COUNCILMEMBERS ABSENT
Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford, and Mickey Cafagna
None
STAFF MEMBERS PRESENT
Jim Bowersox
Penny Riley
Tamara Smith
Diane Shea
Warren Shafer
Robert Clark
James Howell
Deborah Johnson
Mark Sanchez
Charlie Campe
Niall Fritz
Patti Brindle
Javid Siminou
Kristen Crane
Paolo Romero
Leslie Hoffman
Tracy Bohlen
FLAG SALUTE
City Manager
Assistant City Manager
City Attorney
City Clerk
Director of Administrative Services
Director of Community Services
Director of Public Works
Director of Redevelopment Services
Director of Safety Services
Sheriffs Captain
Director of Development Services
City Planner
City Engineer
Senior Management Analyst
Management Assistant
Management Analyst
Senior Management Analyst
Deputy Mayor Emery led the flag salute.
PRESENTATIONS:
A. Mayor Cafagna presented a service award to Archie Penney, Construction
Maintenance Lead Worker, for his 20 years of service to the City of Poway.
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B. Mayor Cafagna presented Certificates of Appreciation to Past Committee
Members as follows:
Merrilee Boyack
Budget Review Committee (4/1/03 -12/7/04)
Parks and Recreation Committee (5/22/01 - 12/7/04)
Housing Commission (3/30/99 - 11/19/04)
Performing Arts Committee (1/12/93 - 3/3/04)
Teen Issues Committee (12/23/01 - 6/30/03)
Teen Issues Committee (9/18/01 - 6/30/04)
Redevelopment & Housing Advisory Com. (12/23/86 - 12/7/04)
Redevelopment & Housing Advisory Com. (8/20/91 - 12/7/04)
Senior Issues Committee (2/29/00 - 7/1/04)
Richard Howard
Lynette Perkes
Alexandra Norman
Britt Hinchliff
Tom Tremble
Peggy Lester
Helen Hallin
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications. No one from the
public wished to speak.
CONSENT CALENDAR
Motion by Deputy Mayor Emery, and seconded by Council member Higginson to approve
the Consent Calendar Items 7 through 12.
7. Ratification of Warrant Register for the periods December 6 through December 10,
2004, December 13 through December 17, 2004, December 20 through December
24,2004, and December 27 through December 31,2004. (0475-20)
8. Approval of Minutes - City Council
January 4, 2005 Regular Meeting
January 6, 2005 Canceled Adjourned Meeting
10. Approval of Minutes - Poway Public Financing Authority
January 4, 2005 Regular Meeting
11. Acceptance of Task 6 of the Demolition of Residential and Other Miscellaneous
Structures and Hazardous Materials Abatement As-Needed Services Project 5650
and 5657 on the Christy Property at 13554 Aubrey Road. Clauss Construction.
(0700-10)
12. Adoption of Resolution No. 05-006 Approving the Submittal of Grant Application to
the California Integrated Waste Management Board for Funding Underthe FY2004-
2005 Park Playground Accessibility and Recycling Grant Program to Refurbish the
Hilleary Park Playground. (0490-53)
Motion carried unanimously.
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NEW PUBLIC HEARINGS
ITEM 1 (0850-65 #618)
ORDINANCE NO. 618/FIRST READING
SET SPEED LIMITS ON TWIN PEAKS RD.
BETWEEN POMERADO & COMMUNITY RD.
SECTION 10.32.010 PMC
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 618 "An
Ordinance of the City of Poway, California, to Set Speed Limits on Twin Peaks Road
between Pomerado Road and Community Road as set forth in Section 10.32.010 of the
Poway Municipal Code."
City Manager Bowersox presented the staff report explaining that the segment of Twin
Peaks Road between Pomerado Road and Community Road was surveyed and approved
by the City Council on September 7,2004, as part of a citywide speed survey report.
The Court has ~estioned the subject Traffic and Engineering Survey because of the high
prevailing, or 85 percentile, speed on this segment. A recent speed measurement shows
a new 85th percentile speed that alone justifies the posted 45 MPH speed limit in
accordance with the California Code.
No one from the public spoke on this issue.
Motion by Councilmember Rexford, seconded by Councilmember Boyack, to waive further
reading and continue the hearing to February 8, 2005, for second reading and adoption.
Motion carried unanimously.
ITEM 2 (0780-08)
ENVIRONMENTAL ASSESSMENT (EA 04-10)
ACQUISITION OF PARCEL
14056 YORK AVENUE IN RR-C ZONE
APN 314-214-05
City Manager Bowersox gave the staff report stating that on October 30, 2001, the City
Council/Redevelopment Agency authorized staff to negotiate terms for the acquisition of
available flood-prone parcels located within the 100-Year Floodway of Rattlesnake Creek.
Staff has conducted site due diligence on this .23-acre parcel and negotiated the terms of
sale in an effort to pursue the development of potential sports fields within the Paguay
Redevelopment Project Area. This property is located within the 100-Year Floodway of
Rattlesnake Creek, and a Phase 1 Environmental Assessment has been conducted.
No one from the public requested to speak.
Motion by Council member Higginson, seconded by Deputy Mayor Emery, to close the public
hearing, approve a Negative Declaration, adopt Resolution No. P-05-02 approving the
Environmental Assessment, appropriate and authorize expenditure of $474,100 to purchase
APN 314-214-05, and authorize the City Manager/Executive Director to execute documents
necessary to complete the acquisition. Motion carried unanimously. 8297
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ITEM 3 (0210-30)
CONDITIONAL USE PERMIT 04-18
APPLICANT: KELLY GRANT, SCRIPPS DANCE CENTRE
12840 DANIELSON COURT BLDG B, SUITE A
APN 317-223-19
City Manager Bowersox gave the staff report saying that the applicant is requesting
approval to establish a dance studio for children within a 3,500 square-foot tenant space in
an existing industrial building located at 12840 Danielson Court, Building B, Suite A, within
the Foremost Business Park. The center will offer dance classes after school and on
Saturdays. No exterior improvements are proposed and the twelve parking spaces
allocated to the tenant space would be adequate for the proposed use.
Kelley Grant, 14683 Twin Peaks Rd., Poway, spoke in support of the project.
Motion by Council member Rexford, seconded by Councilmember Boyack, to close the
public hearing, approve Conditional Use Permit 04-18, and adopt Planning Resolution P-05-
03 approving with conditions. Motion carried unanimously.
ITEM 4
VARIANCE 04-11
MBR INVESTMENTS, LLC
APN 323-201-02
(0200-50)
City Manager Bowersox gave the staff report explaining that a request for a Variance has
been received to authorize an 8-foot-high combined retaining wall/fence on lots 2 and 3 of
Tentative Parcel Map 04-01 when the maximum height permitted in the zone is 6 feet. The
over-height combined retaining wall/fence is necessary for rear yard privacy due to the
grade difference between the back yards and the public street. The subject property is
located at 13260 Cicero Way within the Residential Single-Family 7 zone.
Sue Young, P.O. Box 1394, Poway, spoke in regards to this item.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to close the public
hearing, approve Variance 04-11, and adopt Planning Resolution P-05-04 approving with
conditions. Motion carried unanimously.
ITEM 5 (0210-50)
MINOR CONDITIONAL USE PERMIT (MCUP) 04-16
APPLICANT: STEPHEN AND KATHRYN HORN, APPLICANTS
APN 227-220-19
City Manager Bowersox gave the staff report saying a Minor Conditional Use Permit is
requested to permit the installation of lights at an approved tennis court located at a
residence currently under construction on Lot 19 within the Heritage II development, located
on a 1 0.15-acre site at 18810 Olympic Point, within the Rural Residential A (RR-A) zone.
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The project complies, or has been conditioned to comply, with all City development
standards. The tennis court was approved pursuant to Minor Development Review
Application (MDRA) 04-111 on December 13, 2004. The residence and tennis court are
currently under construction.
No one was present wishing to speak on this item.
Motion by Council member Higginson, seconded by Deputy Mayor Emery, to close the public
hearing, approve Minor Conditional Use Permit 04-16, and adopt Planning Resolution P-05-
05 approving with conditions. Motion carried unanimously.
STAFF REPORTS
ITEM 6
DKC ASSOCIATES REPORT
REVIEW OF POWAY SENIOR CENTER
City Manager Bowersox and Director of Community Services Clark provided the staff report.
The City of Poway and Poway Valley Senior Citizens Corporation (PVSCC) first entered
into a Facilities Use Agreement in 1982 for use of the Weingart Center Building at Poway
Community Park. The current agreement is due to expire on February 1, 2005.
Responding to a request by PVSCC for financial support of Poway Senior Center (PSC)
operations, the City Council on June 22,2004 directed staff to enter into a contract with a
consultant to assess PSC.
The study attributes much of the current financial situation to the approach that the Board
and PSC management take to fundraising, budgeting and Board authority. The study
provides an extensive list of recommendations to bring about stability and self-sufficiency.
The City can assist in this endeavor by providing PVSCC with the services of a consultant
and by permitting PVSCC to continue withdrawing up to $10,000 per month from the
Endowment Fund through June 30, 2005.
The following members of the public spoke in support of the City Manager's
recommendation and/or the Poway Senior Center:
Peggy Andrews, 12831 EI Rey Vista, Poway
Barbara Lerma, 12877 Carriage Rd., Poway
Lynn Bayne, President, Poway Senior Center Board of Directors
Mark Supanchick, 13409 Neddick Avenue, Poway
Peggy Lester, 13522 Robley Ranch Road, Poway
Susan Herrick, 13575 Espirit Avenue, San Diego
Jeff Lake, 156543 Oakstand Road, Poway
Jeff Figler, 14438 Harvest Court, Poway
Jerry Hargarten, 13622 Orchard Gate, Poway
The following member of the public spoke in opposition of the City Manager's
recommendation:
Lois Downs, 13745 Sycamore Tree Lane, Poway
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Page 6 - CITY OF POWAY - January 25,2005
Doug Clark, DKC Associates addressed the City Council on his report and
recommendations.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford to approve the
following:
1. Accept the study of the Poway Senior Center as submitted by DKC Associates.
2. Appropriate $34,400 from the General Fund Undesignated Fund balance to
account 0200-4120 and authorize the expenditure of up to $60,000 from General
Fund account 0200-4120 for consulting services.
3. Authorize the City Manager to execute a contract with a consultant that supports
the direction of the staff report and the City Council.
4. Authorize a reduction in the PVSCC Endowment Fund (Fund #771) principal of
no more than$1 0,000 per month during February 1,2005 through June 30, 2005
(not to exceed $50,000) as fully described in the staff report.
5. Authorize the City Manager to enter into the Facilities Use Agreement with
PVSCC for the use of the Weingart Center Buildings located at 13094 Civic
Center Drive, Poway, CA.
Motion carried unanimously.
CITY MANAGER ITEMS
14. City Manager Bowersox thanked Leslie Hoffman, Management Analyst, and Robert
Clark, Director of Community Services, as well as Jerry Hargarten for their work on
the Senior Center issues.
CITY ATTORNEY
15. City Attorney Smith requested the following Closed Session:
Conference with Legal Counsel
Existing Litigation under Government Code 954956.9(a)
Standard Drywall, Inc. v. EDT Engineering Company, Inc. et al.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
16. Councilmember Boyack met with several department directors and is impressed with
the volumes of work they and their departments accomplish.
17. Council member Rexford complimented Redevelopment Services on the new Annual
Report and thanked staff for all that has been accomplished. She has obtained a
copy of the video shown on the History Channel on Poway Midland Railroad and will
make a copy available.
19. Council member Emery inquired of the repair work being done on Old Pomerado
Road. City Manager Bowersox explained the sewer line repair.
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20. Mayor Cafagna congratulated staff on the accomplishments of the Redevelopment
Agency.
CLOSED SESSION
Mayor Cafagna called for the Closed Session at 8:40 p.m. as requested by City Attorney
Smith.
ADJOURNMENT
Mayor Cafagna called the meeting back to order at 9:01 p.m. with all members present.
City Attorney Smith stated there was no reportable action on the Closed Session item.
Mayor Cafagna adjourned the meeting at 9:01 p.m.
X:~~
L. Diane Shea, City Clerk
City of Poway, California
8301