CC 2005 04-26
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
APRIL 26, 2005
The April 26, 2005, Regular Meeting of the City Council of the City of Poway, was
called to order at 7:00 p.m. by Deputy Mayor Emery at the City Council Chambers, 13325
Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT
Merrilee Boyack, Bob Emery, Don Higginson, and Betty Rexford
COUNCILMEMBERS ABSENT
Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Tamara Smith
L. Diane Shea
Niall Fritz
Deborah Johnson
Warren Shafer
James Howell
Mark Sanchez
Charlie Campe
Patti Brindle
Javid Siminou
Kristen Crane
Paolo Romero
City Manager
Assistant City Manager
City Attorney
City Clerk
Director of Development Services
Director of Redevelopment Services
Director of Administrative Services
Director of Public Works
Director of Safety Services
Sheriff's Captain
City Planner
City Engineer
Senior Management Analyst
Management Assistant
FLAG SALUTE
Council member Higginson led the flag salute.
PRESENTATIONS
Presentation of Service Award to Danis Bechter, Engineering Inspection
Supervisor/NPDES Coordinator (15 years) and Maren Millikin, Accounting Technician II (15
years). Deputy Mayor Emery presented the awards.
Presentation by the San Diego County Water Authority regarding the San Vicente Pipeline
and the Emergency Storage Project. John McCullough ofthe S.D. County Water Authority
gave the presentation, (0150-30)
Kelly Hutchinson, 11225 Beeler Canyon, voiced her concerns on this project including the
extended hours of operation and impacts to the residents.
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Dave Davis, 11019 Beeler Canyon Road, commented on the impact of the project.
Mary Adams 11125 Beeler Canyon Road, commented on the impact of the project.
PUBLIC ORAL COMMUNICATIONS
Deputy Mayor Emery explained the procedures for Public Oral Communications.
The following people spoke regarding the rebuilding of Gooden Ranch House:
Ann Laux, 12710 Roca Grande Drive, Poway (supports rebuilding).
Adrienne Regard, 14908 Espola Road, Poway (supports rebuilding).
Robert Coates, 12710 Roca Grande Drive (supports rebuilding with suggestions).
Carol Crafts, 13030 Birch Lane, Poway (support rebuilding with open bid procedure).
K. C. Butler, 14080 Great Plains Road, (supports rebuilding but other projects need funding
more).
Mike Fry, 12819 Selma Court, prefers no building rather than modern building.
Dee Fleischman, 14428 Midland Road, supports rebuilding,
Mary Farmer, 13690 Cynthia Lane, Poway, requested to construct a pond and waterfall on
her property at Cynthia and Melissa Lanes on the road easement.
Nick Stavros, announced the Jackrabbit Road Garden Tour, and suggested the City use
maps.google.com during Council meetings for aerial view maps of items being discussed.
Dee Fleishman, 14428 Midland Road, also commented on the lighting at the Steinmart
Center and inquired if it meets requirements.
CONSENT CALENDAR
Deputy Mayor Emery approved a request to pull item #18 from the Consent Calendar for
discussion. Motion by Councilmember Rexford and seconded by Council member
Higginson to approve the Consent Calendar Items 9 through 18.1, excluding Item 18.
9. Ratification of Warrant Reaister for the periods March 21-25 and March 28-April1,
2005. (0475-20)
10. Approval of Minutes - City of Poway
March 29, 2005 Regular Meeting
April 5, 2005 Regular Meeting
April 7, 2005 Canceled Adjourned Regular Meeting
12. Approval of Release of Gradina Security No, 2125286, in the amount of $233,500
for Kirkham Ridge Business Park, located at 14035 Kirkham Road, Conditional Use
Permit 04-05; Don Mitchell, Kirkham Road LLC, Applicant. APN: 323-090-89.
(0210-30)
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13. Adoption of Resolution No. 05-030, entitled: "A Resolution ofthe City Council ofthe
City of Poway, California, Amendment Investment Policy for Public Funds and
Rescinding Resolution No. 04-039." (0450-95)
14, Award of Bids to 1) Republic Electric in the amount of $61,1 02.33 for traffic signals
and communication systems maintenance, emergency repairs, and related
construction contract; and, 2) Southwest Traffic Signal Service, Inc., in the amount
of $58,629.76 for street light maintenance, emergency repairs and related
construction contract. (0700-10)
15. Approval of Appropriation of Fundina for Landscape Maintenance District areas
identified for additional repairs, replanting and continued maintenance in the amount
of $4,750 for LMD 86-2A, and $7,000 for LMD 86-2B. (0480-10)
16, Reiection of Claims (5) for Damage - Bernice Senior, Glen & Julie Seebruch, David
Cabral, Jose Yakuta, and Roy Habibi. (0190-10)
17. Approval of Lease Aareement between the City of Poway and Sprint PCS Assets,
LLC, for the installation and operation of a telecommunications facility on the
Celestial Reservoir, located at 13472 Celestial Road. APN: 317-680-36. (0700-10)
18. Approval of Position on Pendina Leqislation: Support AB 1248 (Umberg) Criminal
Law: Booking Fees, ACA 7 (Nation) Local Governmental Taxation: Special Taxes:
Voter Approval, and SB 1049 (Hollingsworth) SAFE Teams; Oppose AB 24 (Maze)
Mountain Lions: License Tags; AB 194 (Dymally) Brown Act Violations: Remedy;
AB 260 (Bermudez) State Fire Marshal: Fire Response Time: Reports; AB 549
(Salinas) Affordable Housing; AB 1233 (Jones) Housing Element: Regional
Housing Need, and SB 435 (Hollingsworth) Housing: Density Bonuses, unless
amended, and Watch AB 11 (De La Torre) City Council Compensation; AB 463
(Tran) Local Agencies: Security Information; ; ACA 5 (Richman) Public Retirement
Systems; SB 8 (Soto) Political Reform Act of 1974: Conflicts of Interest; SB 20
(Escutia) Auto Insurance: Low-Cost Policies: Evidence of Financial Responsibility;
and SB 521 (Torlakson) Local Planning: Transit Village Plans. Adopt Resolution
No. 05-031, entitled: "A Resolution of the City Council of the City of Poway,
California, Urging Support of Continued Federal Funding of the Community
Development Block Grant (CDBG) Program." (0740-55)
This item was removed from the Consent Calendar for discussion. Motion by
Councilmember Higginson, seconded by Council member Rexford to support AB
1248, ACA 7, and SB 1049; opposeAB 24, AB 194, AB 260, AB 549, AB 1233, and
SB 435 unless amended; and watch AB 11, AB 463, ACA 5, SB 8, SB 20, and SB
521; and inform members ofthe State Legislature, organizations, and committees of
the City's positions, and to adopt Resolution 05-031 entitled "A Resolution of the
City Council of the City of Poway, California Urging Support of Continued Federal
Funding of the Community Development Block Grant (CDBG) Program,"
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Motion passed 4-0, however, Councilmember Boyack registered a "No" vote on
support of ACA7, and a "No" yote On opposition to ACA5.
Dee Fleischman, 14428 Midland Road, Poway, discussed several bills, including
ACA 5 and ACA 7.
18.1 Approval of Position on PendinQ Leaislation:
Telecommunications: 911 System.
Support SB 911 (Dunn),
(0740-55)
Motion to approve the Consent Calendar passed 4-0 with Mayor Cafagna absent.
PUBLIC HEARINGS
ITEM 1 (0940-80)
COUNTY OF SAN DIEGO
INTEGRATED WASTE MANAGEMENT SUMMARY PLAN
AND COUNTYWIDE SITING ELEMENT
Deputy Mayor Emery opened the public hearing. City Manager Bowersox presented the
staff report. Pursuant to the requirements of the Integrated Waste Management Act
(AB939), the County of San Diego has prepared the Countywide Integrated Waste
Management Summary Plan and Countywide Siting Element for San Diego County. The
majority of cities representing a majority of the incorporated population must approve the
Plan within 90 days,
No one wished to speak on this matter.
Motion by Councilmember Higginson, seconded by Councilmember Rexford, to close the
public hearing and adopt Resolution No. 05-023 entitled" A Resolution of the City Council
of the City of Poway, California, Approving and Adopting the Final Draft Countywide
Summary Plan and Countywide Siting Element." Motion passed 4-0, with Mayor Cafagna
absent.
ITEM 2 (0210-70)
TENTATIVE PARCEL MAP (TPM) 04-04
VARIANCE (VAR 04-14)
14530-14548 GARDEN ROAD
APN: 323-032-30 & 33
KHALlD JAMIL, APPLICANT
Deputy Mayor Emery opened the public hearing. City Manager Bowersox presented the
staff report. This is a request to allow the subdivision of two (2) developed residential lots
into four (4) residential lots. The request also includes a variance to allow a portion of the
two existing single-family residences to encroach into required side and rear yard setbacks.
The requested variances range from a 2-foot front yard setback variance to a 14-foot rear
yard setback variance. The existing homes currently do not meet the setback
requirements of the zone and the subdivision will not create new variances.
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Damon Getman, 14542 Garden Road, Poway, opposes the subdivision and cited negative
impacts to the residential area.
Timothy Binder, Attorney for applicant, 12520 High Bluff Road, San Diego, supports the
staff recommendation to approve.
Khalid Jamil, Applicant, answered questions of the City Council.
Seeing no one else wishing to speak on this matter, the Mayor closed the public hearing.
Motion by Rexford, seconded by Councilmember Boyack, to close the public hearing and
adopt Resolution No. P-05-28 entitled "A Resolution of the City Council of the City of
Poway, California, Approving Tentative Parcel Map (TPN) 04-04 and Variance 04-14,
Assessor's Parcel Numbers 323-032-30 and 33." Motion passed 4-0, Mayor Cafagna
absent.
STAFF REPORTS
ITEM 3 (0760-20)
POWAY LANDSCAPE MAINTENANCE DISTRICT 83-1
LEVY AND COLLECT ASSESSMENTS
FOR FISCAL YEAR 2005/2006
City Manager Bowersox presented the staff report explaining the maintenance of public
landscape improvements within Landscape Maintenance District (LMD) 83-1 requires
funding. The California Landscape and Lighting Act of 1972 and its amendments allow for
the collection of assessments from parcels annexed into the District for this purpose.
No one requested to speak on the matter.
Motion by Councilmember Rexford, seconded by Councilmember Boyack, to adopt
Resolution No. 05-024 entitled "A Resolution of the City Council of the City of Poway,
California, Declaring the Intention to Levy and Collect Assessments within Poway
Landscape Maintenance District 83-1 for Fiscal Year 2005/2006"; to approve the
corresponding Engineer's Report outlining the assessments for FY2005/2006; direct the
City Clerk to publish the resolution one week following Council approval; and to set the
public hearing for June 21, 2005. Motion passed 4-0, with Mayor Cafagna absent.
ITEM 4 (0760-20)
POWAY LANDSCAPE MAINTENANCE DISTRICT 86-1
LEVY AND COLLECT ASSESSMENTS
FOR FISCAL YEAR 2005/2006
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City Manager Bowersox presented the staff report explaining the maintenance of public
landscape improvements within Landscape Maintenance District (LMD) 86-1 requires
funding, The California Landscape and Lighting Act of 1972 (ACT) and its amendments
allow for the collection of assessments from parcels annexed into the District for this
purpose.
No one requested to speak on the matter.
Motion by Councilmember Rexford, seconded by Councilmember Boyack, to adopt
Resolution No. 05-025 entitled "A Resolution of the City Council of the City of Poway,
California, Declaring the Intention to Levy and Collect Assessments within Poway
Landscape Maintenance District 86-1 for Fiscal Year 2005/2006"; to approve the
corresponding Engineer's Report outlining the assessments for FY2005/2006; direct the
City Clerk to publish the resolution one week following Council approval; and to set the
public hearing for June 21, 2005. Motion passed 4-0, with Mayor Cafagna absent.
ITEM 5 (0760-20)
POWAY LANDSCAPE MAINTENANCE DISTRICT 86-2
LEVY AND COLLECT ASSESSMENTS
FOR FISCAL YEAR 2005/2006
City Manager Bowersox presented the staff report explaining the maintenance of public
landscape improvements within Landscape Maintenance District (LMD) 86-2 requires
funding. The California Landscape and Lighting Act of 1972 (ACT) and its amendments
allow for the collection of assessments from parcels annexed into the District for this
purpose.
No one requested to speak on the matter.
Motion by Councilmember Rexford, seconded by Councilmember Boyack, to adopt
Resolution No, 05-026 entitled "A Resolution of the City Council of the City of Poway,
California, Declaring the Intention to Levy and Collect Assessments within Poway
Landscape Maintenance District 86-2 for Fiscal Year 2005/2006"; to approve the
corresponding Engineer's Report outlining the assessments for FY2005/2006; direct the
City Clerk to publish the resolution one week following Council approval; and to set the
public hearing for June 21, 2005. Motion passed 4-0, with Mayor Cafagna absent.
ITEM 6 (0760-20)
POWAY LANDSCAPE MAINTENANCE DISTRICT 86-3
LEVY AND COLLECT ASSESSMENTS
FOR FISCAL YEAR 2005/2006
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City Manager Bowersox presented the staff report explaining the maintenance of public
landscape improvements within Landscape Maintenance District (LMD) 86-3 requires
funding. The California Landscape and Lighting Act of 1972 (ACT) and its amendments
allow for the collection of assessments from parcels annexed into the District for this
purpose.
No one requested to speak on the matter.
Motion by Councilmember Rexford, seconded by Boyack, to adopt Resolution No. 05-027
entitled "A Resolution of the City Council of the City of Poway, California, Declaring the
Intention to Levy and Collect Assessments within Poway Landscape Maintenance District
86-3 for Fiscal Year 2005/2006"; to approve the corresponding Engineer's Report outlining
the assessments for FY2005/2006; direct the City Clerk to publish the resolution one week
following Council approval; and to set the public hearing for June 21, 2005. Motion passed
4-0, with Mayor Cafagna absent.
ITEM 7 (0760-20)
POWAY LANDSCAPE MAINTENANCE DISTRICT 87-1
LEVY AND COLLECT ASSESSMENTS
FOR FISCAL YEAR 2005/2006
City Manager Bowersox presented the staff report explaining the maintenance of public
landscape improvements within Landscape Maintenance District (LMD) 87-1 requires
funding. The California Landscape and Lighting Act of 1972 (ACT) and its amendments
allow for the collection of assessments from parcels annexed into the District for this
purpose.
No one requested to speak on the matter.
Motion of Councilmember Rexford, seconded by Boyack, to adopt Resolution No. 05-028
entitled "A Resolution of the City Council of the City of Poway, California, Declaring the
Intention to Levy and Collect Assessments within Poway Landscape Maintenance District
87-1 for Fiscal Year 2005/2006"; to approve the corresponding Engineer's Report outlining
the assessments for FY2005/2006; direct the City Clerk to publish the resolution one week
following Council approval; and to set the public hearing for June 21,2005. Motion passed
4-0, with Mayor Cafagna absent.
ITEM 8
POWAY LIGHTING DISTRICT
LEVY AND COLLECT ASSESSMENTS
FOR FISCAL YEAR 2005/2006
(0760-30)
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City Manager Bowersox presented the staff report explaining the maintenance of public
lighting improvements within City of Poway Lighting District requires funding. These
improvements include all street lighting facilities within the City's boundaries, including, but
not limited to, streetlights, traffic signals, lighted street signs, and flashing beacons. The
California Landscape and Lighting Act of 1972 (ACT) and its amendments allow for the
collection of assessments from parcels annexed into the District for this purpose.
No one requested to speak on the matter.
Motion by Councilmember Rexford, seconded by Boyack, to adopt Resolution No. 05-029
entitled "A Resolution of the City Council of the City of Poway, California, Declaring the
Intention to Levy and Collect Assessments within Poway Lighting District for Fiscal Year
2005/2006"; to approve the corresponding Engineer's Report outlining the assessments for
FY2005/2006; direct the City Clerk to public the resolution one week following Council
approval; direct the City Clerk to publish the resolution one week following Council
approval; and to set the public hearing for June 21, 2005. Motion passed 4-0, with Mayor
Cafagna absent.
CITY MANAGER
19. City Manager Bowersox announced that a suitable location for this year's Fourth of
July Fireworks has not been found. The usual venue, Poway High School, is not
available because of renovation of the sports field over the summer. Alternative
locations were evaluated but did not meet the criteria needed for such an event.
The fireworks show has been postponed until 2006.
CITY ATTORNEY ITEMS
20. City Attorney Smith requested Closed Session for the following:
Closed Session
A. PUBLIC EMPLOYEE EMPLOYMENT
Government Code 954957
Position to be filled: City Manager
CONFERENCE WITH LABOR NEGOTIATORS
Government Code 954957.6
Agency Representative: Deputy Mayor
Unrepresented Employee: City Manager
MAYOR AND CITY COUNCIL-INITIATED ITEMS
21. Council member Boyack said she has made suggestions to the Post Office
regarding location of the public blue mailboxes placed throughout the community.
22. Council member Rexford reported on several sidewalk and roadway conditions.
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23. Councilmember Higginson asked that the local newspapers run an article to notify
people in Poway as well as surrounding communities that the 4th of July Fireworks
Show will not be held this year.
24A. Deputy Mayor Emery did not present a Restaurant Review as he has been out of
town spending time with his new baby grandson.
CLOSED SESSION
Deputy Mayor Emery called for a Closed Session at 8:16 p.m. as requested by the City
Attorney.
CALL TO ORDER AND ADJOURNMENT
Deputy Mayor Emery called the meeting back to order at 8:35p.m. reporting that direction
was given to the City's negotiators on the Closed Session items. The meeting was
adjourned at 8:36 p.m.
~~~~
L. Diane Shea, City Clerk
City of Poway, California
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