CC 2005 06-21
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JUNE 21, 2005
The June 21, 2005, Regular Meeting of the City Council of the City of Poway, was
called to order at 7:03 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
COUNCILMEMBERS ABSENT
None
STAFF MEMBERS PRESENT
Penny Riley
Tamara Smith
Sherrie Worrell
Warren Shafer
Peter Moote
Robert Clark
Niall Fritz
Dennis Quillen
Deborah Johnson
Mark Sanchez
Charlie Campe
Patti Brindle
Kristen Crane
Paolo Romero
FLAG SALUTE
Assistant City Manager
City Attorney
Deputy City Clerk
Director of Administrative Services
Deputy Director of Administrative Services
Director of Community Services
Director of Development Services
Assistant Director of Public Works
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
City Planner
Assistant to the City Manager
Management Assistant
Deputy Mayor Emery led the flag salute.
PRESENTATIONS
A. Mayor Cafagna presented Certificates of Appreciation to Past Committee Members
as follows:
Marilyn Bayne
Pat Bresee
Bill Cross
Kara Duggan
Alix Giroux
Katrina Hill
Richard Howard
Senior Issues Committee (5/13/97 - 6/7/05)
Senior Issues Committee (1/28/04 - 6/7/05)
Senior Issues Committee (2/27/96 - 12/31/02 and
10/7/03 - 6/7/05)
Teen Issues Committee (10/26/04 - 6/7/05)
Teen Issues Committee (12/2/03 - 6/7/05)
Teen Issues Committee (7/29/03 - 6/7/05)
Budget Review Committee (4/1/03 - 3/22/05)
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Teen Issues Committee (9/21/04 - 6/7/05)
Performing Arts Advisory Committee (10/30/01 - 4/5/05)
Teen Issues Committee (7/30/02 - 6/7/05)
Budget Review Committee (4/1/03 - 3/22/05)
Redevelopment and Housing Advisory Committee (3/16/99-
5/19/05)
Amy Narevsky Teen Issues Committee (10/5/04 - 6/7/05)
Christopher Nelson Budget Review Committee (4/1/03 - 3/22/05)
Zachary Petersen Teen Issues Committee (10/28/83 - 6/7/05)
Katie Polakiewicz Teen Issues Committee (5/15/01 - 6/7/05)
Bruce Tarzy Budget Review Committee (4/1/03 - 3/22/05)
Omar Issa
Eugenia Keefer
Erin Leffingwell
Barbara Lerma
Cathy Lexin
B. Johnny Bear Contreras presented his sculptures to the City Council and announced
the opening of his exhibit at City Hall.
CITY COUNCILMEMBER ANNOUNCEMENTS
Deputy Mayor Emery gave a review of the Chicken Pie Diner Restaurant.
Councilmember Rexford congratulated Safety Services on the new Fire Station 3. She also
reported that she and Mr. Bowersox had met with Sunne Wright McPeak of the State Housing
Department regarding the amount of affordable housing to be built in Poway.
Councilmember Boyack reported she had attended the topping off ceremony at Midland
Elementary School.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications. The following
people spoke:
Barbara Johnson, 13321 Alpine Dr. #9, Poway, stated she was opposed to the sale of the
Poway Royal Mobilehome Park.
Buster Johnson, 13321 Alpine Dr. #9, Poway, stated he was opposed to the sale of the
Poway Royal Mobilehome Park.
Philip Burton, 14755 Budwin Lane, Poway, invited Council and the public to the Heritage
Manor Summer Picnic on July 9, 2005.
CONSENT CALENDAR
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to approve the
Consent Calendar including items 15 through 22.
15. Ratification of Warrant Reoister for the period of May 23 through May 27, 2005.
(0475-20)
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16. Approval of Minutes - City Council
May 31, 2005 Regular Meeting
June 2, 2005 Canceled Adjourned Regular Meeting
18. Adoption of Resolution No. 05-054, entitled: "A Resolution of the City Council of the
City of Poway, California, Adopting an Appropriations Limit for Fiscal Year Ending June
30,2006. (0480-10)
19. Adoption of Resolution No. 05-055, entitled: "A Resolution of the City Council of the
City of Poway, California, Approving Program Supplement No. M008 and Authorizing
the City Manager to Execute Said Agreement" with CalTrans for reimbursement costs
associated with the Standish Drive Sidewalk Improvements project. (0700-10)
20. Acceptance of the Costco Landscape Maintenance District (LMD 87-1) Landscape
Improvements. (0760-20)
21. Award of Contract to Mikhail Oqawa EnQineerinQ in the amount of $11,940 for
Watershed Management Services and Approval of the Los Pefiasquitos Watershed
Reimbursement Agreement. (0700-10)
22. A) Adoption of Resolution No. 05-056, entitled: "A Resolution of the City Council of
the City of Poway, California Commending Girl Scout Gold Award Recipient Allison
Christian;"
B) Adoption of Resolution No. 05-057, entitled: "A Resolution ofthe City Council of
the City of Poway, California Commending Girl Scout Gold Award Recipient Amy
Doroba;"
C) Adoption of Resolution No. 05-058, entitled: "A Resolution of the City Council of
the City of Poway, Califomia Commending Girl Scout Gold Award Recipient Stephanie
Duncan;"
D) Adoption of Resolution No. 05-059, entitled: "A Resolution of the City Council of
the City of Poway, California Commending Girl Scout Gold Award Recipient Kelley
Nicole Hockett;"
E) Adoption of Resolution No. 05-060 entitled: "A Resolution ofthe City Council of
the City of Poway, California Commending Girl Scout Gold Award Recipient Melissa
Eleanor Lokensgard;"
F) Adoption of Resolution No. 05-061, entitled: "A Resolution ofthe City Council of
the City of Poway, California Commending Girl Scout Gold Award Recipient Sara
Osmus;"
G) Adoption of Resolution No. 05-062, entitled: "A Resolution ofthe City Council of
the City of Poway, Califomia Commending Girl Scout Gold Award Recipient Jennica
Parker;"
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H) Adoption of Resolution No. 05-063, entitled: "A Resolution of the City Council of
the City of Poway, Califomia Commending Girl Scout Gold Award Recipient Alexandra
Paur;"
I) Adoption of Resolution No. 05-064, entitled: "A Resolution of the City Council of
the City of Poway, California Commending Girl Scout Gold Award Recipient Sarah
Sangalang;"
J) Adoption of Resolution No. 05-065, entitled: "A Resolution of the City Council of
the City of Poway, California Commending Girl Scout Gold Award Recipient Kathleen
Scherer;"
K) Adoption of Resolution No. 05-066, entitled: "A Resolution of the City Council of
the City of Poway, California Commending Girl Scout Gold Award Recipient Katie
Stahl;"
L) Adoption of Resolution No. 05-067, entitled: "A Resolution of the City Council of
the City of Poway, Califomia Commending Girl Scout Gold Award Recipient Katherine
D. VanDerhoff;"
M) Adoption of Resolution No. 05-068, entitled: "A Resolution of the City Council of
the City of Poway, California Commending Girl Scout Gold Award Recipient Amanda
Jean Young." (0710-40)
Motion carried unanimously.
CONTINUED PUBLIC HEARINGS
ITEM 1 (0430-40)
PROPOSED FY 2005/2006 & FY 2006/2007
COMPREHENSIVE FINANCIAL PLAN
Mayor Cafagna opened the public hearing. Assistant City Manager Riley stated this hearing
represents the third and final public hearing scheduled for consideration of the proposed
Comprehensive Financial Plan for Fiscal Years 2005-2006 and 2006-2007. Public hearings
were held on June 7, 2005 and June 14, 2005.
The following person spoke on this item:
Dee Fleischman, 14428 Midland Road, Poway, requested that funds be allocated to cover the
two bus stops at Poway High School and the bus stop at the entrance to Lake Poway as well
as any other bus stops that are not already covered.
Motion by Councilmember Boyack, seconded by Deputy Mayor Emery to close the public
hearing and adopt the following resolutions:
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Resolution No. 05-046, entitled: "A Resolution of the City Council of the City of Poway,
California, Approving and Adopting the Annual BUdget for the Fiscal Years 2005-06 and
2006-07 and Appropriating the Funds Necessary to Meet the Expenditures Set Forth
Therein;"
Resolution No. 05-047, entitled: "A Resolution of the City Council of the City of Poway,
California Approving Year-End Budget Amendments for Fiscal Year 2004-2005."
Motion carried unanimously.
PUBLIC HEARINGS
ITEM 2 (0210-80)
ORDINANCE NO. 621 - FIRST READING
ZONING ORDINANCE AMENDMENT 05-03
POWAY MUNICIPAL CODE AMENDMENT 05-01
GENERAL PLAN AMENDMENT 05-03
DRIVEWAY SLOPE REQUIREMENTS
AMENDS SECTION 17.08.170 AND 15.24.170
APPLICANT: CITY OF POWAY
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 621, "An
Ordinance of the City of Poway, California, approving Zoning Ordinance Amendment (ZOA)
05-03 to Amend Section 17.08.170 ofthe Poway Municipal Code (PMCA 05-01) Reducing the
City's Maximum Road and Driveway Slope Requirements from 25% to 20% and an
Amendment to Section 15.24.170, Fire Apparatus Access Roads - Specifications Reducing
the Slope of Fire Access Roadways from 25% to 20%."
Assistant City Manager Riley gave the staff report. At the City Council Workshop of March 3,
2005 the City Council directed staff to prepare amendments to the Poway Municipal Code to
reduce road and driveway slopes. The proposed Ordinance amendments change the City
standards that reduce the maximum road and driveway slope from 25% to 20%. The
corresponding General Plan Amendment addresses the additional grading that may be
required to achieve the 20% road or driveway slope.
There was no one present wishing to speak.
Motion by Councilmember Boyack, seconded by Mayor Cafagna, to waive further reading of
the Ordinance and continue the public hearing to July 5, 2005 for second reading and
adoption of the Ordinance as amended to read: "If the quantity of material graded to achieve
the 20% slope exceeds the maximum allowable graded area for the lot by less than 20%, the
Director of Development Services may approve the additional grading. If the quantity of
material graded to achieve the 20% slope exceeds the maximum allowable graded area for
the lot by 20% or more, approval by the City Council is required," and adoption of the
Resolution approving General Plan Amendment 05-03. Motion carried 4-1 with Deputy Mayor
Emery voting "No".
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ITEM 3 (0940-25/#622)
ORDINANCE NO. 622 - FIRST READING
AMENDS PMC SECTION 13.03.010
SEWER SERVICE CHARGES & RATES
ITEM 4 (0930-25/#623)
ORDINANCE NO. 623 - FIRST READING
AMENDS PMC SECTION 13.11.010
WATER SERVICE CHARGES & RATES
Mayor Cafagna opened the public hearing and read the titles of Ordinance No. 622, "An
Ordinance of the City of Poway, California, Amending Chapter 13.03.010 of the Poway
Municipal Code, Schedule of Sewer Service Charges, and Establishing Sewer Rates" and
Ordinance No. 623, "An Ordinance of the City of Poway, California, Amending Chapter
13.11.010 of the Poway Municipal Code, Schedule of Water Service Charges, and
Establishing Water Rates."
Introduction by Assistant City Manager Riley. Deputy Director of Administrative Services,
Peter Moote gave a PowerPoint presentation and responded to questions from the Council.
The City adopts sewer charges on a fiscal year basis and is recommending an average
increase of 9.7% or $6.85 to single-family, bimonthly sewer rates and adjustments to the non-
residential/multifamily, bimonthly capacity rates ranging from 9.1 % to 23.6%, plus an average
adjustment of 7.4% to the non-residential/multifamily commodity charges with no adjustments
to the sewer pumping charges. Water charges are adopted on a calendar year basis and it
is recommending and increase of 4.2% for water commodity charges, an increase in
bimonthly water service charges ranging from $1.50 to $254.71, a service fee of $15 for
posting shut-off notices at the service address, and no adjustment to water pumping charges
for calendar year 2006.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Council member Boyack, to waive further
reading of the Ordinances and continue the public hearings to July 5, 2005 for second reading
and adoption. Motion carried unanimously.
ITEM 5 (0780-08)
ENVIRONMENTAL ASSESSMENT 05-03
PROPERTY ACQUISITION
14049 YORK AVENUE
APNS: 314-214-09 AND 10
APPLICANT: JIMMY AND MARTI WEBB
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Mayor Cafagna opened the public hearing. Assistant City Manager Riley gave the staff
report. 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 the 0.68-acre
parcel located at 14049 York Avenue and negotiated the terms of sale in an effort to pursue
the development of potential future open space and/or other recreational uses within the
Paguay Redevelopment Project Area. The property is located within the 100-Year FEMA
designated f100dway and floodplain of Rattlesnake Creek, and a Phase 1 Environmental
Assessment has been conducted.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to close the public
hearing, approve the Negative Declaration, adopt Resolution No. P-05-46, entitled: "A
Resolution of the City Council of the City of Poway, Califomia, Approving Environmental
Assessment 05-03, Acquisition of Property at 14049 York A venue Assessor's Parcel Numbers
314-214-09 and 10;" approve the purchase of the property, the expenditure of $614,800 and
authorize the City Manager/Executive Director to execute the necessary documents for
acquisition. Motion carried unanimously.
ITEM 6 (0200-60)
TENTATIVE TRACT MAP 05-01
13995 DANIELSON STREET
APN: 323-090-84
APPLICANT: EXCEL ENGINEERING
Mayor Cafagna opened the public hearing. Assistant City Manager Riley gave the staff
report. This is a request for a condominium conversion of an office building currently under
construction at 13995 Danielson Street. The approximate 31,OOO-square-foot building was
originally approved under Development Review 01-11. The applicant wishes to facilitate the
sale of individual office suites, which can be accomplished via subdivision of the air space
within the building.
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Councilmember Higginson, to close the
public hearing and adopt Resolution No. P-05-47, entitled: "A Resolution of the City Council
of the City of Poway, California, Approving Tentative Tract Map 05-01 Assessor's Parcel
Number 323-090-84." Motion carried unanimously.
ITEM 7 (0210-70)
VARIANCE 05-03
12471 WHITE OAK WAY
APN: 317-211-10
APPLICANTS: MIKE AND DIANA BESZEDITZ
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Mayor Cafagna opened the public hearing. Assistant City Manager Riley gave the staff
report. This is a request for a Variance to allow for an existing single-family residence located
at 12471 White Oak Way to have (1) a 5-foot encroachment into the required 10-foot rear
yard setback for a room addition, (2) a 7-foot-high fence on the interior side yard, when a 6-
foot-high fence is allowed, and (3) a carport structure in the front yard setback up to the front
property line when an 18-foot setback is required. The applicant had already completed
construction of the additions to the home without first Obtaining permits from the City.
The following people spoke on this item:
Byron Chesbro, 401 W. 8th St. #1500, San Diego, representing the applicant, responded
to questions from Council.
Mike Beszeditz, 12471 White Oak Way, Poway, responded to questions from Council.
Motion by Mayor Cafagna, seconded by Deputy Mayor Emery, to close the public hearing and
adopt Resolution No. P-05-48, entitled: "A Resolution of the City Council of the City of
Poway, California, for Variance 05-03 Assessor's Parcel Number 321-270-21," as amended
granting the Variance for the wall and room addition with the condition that building permits
are obtained, the wall and room addition are inspected and built to code. Motion carried
unanimously. Councilmember Rexford requested staff return to Council with a report on
imposing tines for illegal construction.
ITEM 8 (0760-20)
LANDSCAPE MAINTENANCE DISTRICT 83-1
ITEM 9 (0760-20)
LANDSCAPE MAINTENANCE DISTRICT 86-1
ITEM 10 (0760-20)
LANDSCAPE MAINTENANCE DISTRICT 86-2
ITEM 11 (0760-20)
LANDSCAPE MAINTENANCE DISTRICT 86-3
ITEM 12 (0760-20)
LANDSCAPE MAINTENANCE DISTRICT 87-1
FY 2005-06 ASSESSMENTS
Mayor Cafagna opened the public hearings for Landscape Maintenance Districts 83-1, 86-1,
86-2, 86-3, 87-1. Assistant City Manager Riley said the public hearings, initiated April 26,
2005, are to allow for public input for assessments to be collected on the San Diego County
Tax Roll for Fiscal Year 2005-2006. Assessments are proposed to remain unchanged at the
04/05 rates.
There was no one present wishing to speak.
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Motion by Deputy Mayor Emery, seconded by Councilmember Boyack, to close the public
hearings and adopt the following Resolutions:
Resolution No. 05-048, entitled: "A Resolution of the City Council of the City of Poway,
California, Establishing Assessments for Landscape Maintenance District 83-1 to be
Collected on the Property Tax Roll for Fiscal Year 2005/2006."
Resolution No. 05-049, entitled: "A Resolution of the City Council of the City of Poway,
California, Establishing Assessments for Landscape Maintenance District 86-1 to be
Collected on the Property Tax Roll for Fiscal Year 2005/2006."
Resolution No. 05-050, entitled: "A Resolution of the City Council of the City of Poway,
Califomia, Establishing Assessments for Landscape Maintenance District 86-2 to be
Collected on the Property Tax Roll for Fiscal Year 2005/2006."
Resolution No. 05-051, entitled: "A Resolution of the City Council of the City of Poway,
California, Establishing Assessments for Landscape Maintenance District 86-3 to be
Collected on the Property Tax Roll for Fiscal Year 2005/2006."
Resolution No. 05-052, entitled: "A Resolution of the City Council of the City of Poway,
Califomia, Establishing Assessments for Landscape Maintenance District 87-1 to be
Collected on the Property Tax Roll for Fiscal Year 2005/2006."
Motion carried unanimously.
ITEM 13
POWAY LIGHTING DISTRICT
FY 2005-06 ASSESSMENTS
(0760-30)
Mayor Cafagna opened the public hearing. Assistant City Manager Riley said the public
hearing, initiated April 26, 2005, is to allow for public input for assessments to be collected on
the San Diego County Tax Roll for Fiscal Year 2005-2006. Assessments are proposed to
remain unchanged at the 04/05 rates.
There was no one present wishing to speak.
Motion by Council member Rexford, seconded by Deputy Mayor Emery to close the public
hearing and adopt Resolution No. 05-053, entitled: "A Resolution of the City Council of the
City of Poway, California, Establishing Assessments for the Poway Lighting District to be
Collected on the Property Tax Roll for Fiscal Year 2005/2006."
Motion carried unanimously.
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STAFF REPORTS
ITEM 14 (0160-45)
HISTORIC RESTORATION AND
PRESERVATION AWARD PROGRAM
Assistant City Manager Riley gave the staff report. In February 2005, Councilmember
Rexford expressed interest in developing an award program to recognize residents who have
restored historic homes. Staff has developed a program proposal for implementation in
Poway. The proposed award program would recognize efforts to restore historic homes and
individuals who have demonstrated commitment to historic preservation in Poway.
No one was present wishing to speak.
Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to authorize the City
Manager to proceed with the implementation of the Program and appointed herself and
Councilmember Boyack to serve on the subcommittee. Motion carried unanimously.
CITY MANAGER ITEMS
23. Assistant City Manager Riley thanked Council on behalf of City Manager Bowersox for
their support in approving the budget.
CITY ATTORNEY ITEMS
24. City Attorney Smith requested a closed session for the following and stated a report
out would be given.
A. Conference with Legal Counsel - Anticipated Litigation
Significant Exposure to Litigation
Government Code ~54956.9(b)(3)(C)
Number of potential cases: 1
B. Conference with Legal Counsel
Initiation of Litigation
Government Code ~54956.9(c)
Number of potential cases: 1
MAYOR AND CITY COUNCIL -INITIATED ITEMS
28A. Deputy Mayor Emery gave his restaurant review at the beginning of the meeting under
City Councilmember Announcements.
Deputy Mayor Emery requested and received concurrence that the report concerning
on-street parking scheduled for the July 5, 2005, Agenda be set for another date.
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CLOSED SESSION
Mayor Cafagna called for a Closed Session at 8:47 p.m. as requested by the City Attorney.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 9:14 p.m., with all Councilmembers
present.
City Attorney Smith reported that Council had reviewed the claim filed by the Poway Royal
Mobilehome Park Homeowners Association and believes that it has no merit. Since it has
great cost to the taxpayers to defend that claim and the proposed complaint, the City has
determined to file its own validation action in order to validate the financing process and the
issuance of the bonds. Once that process is completed the City will pursue the sale of the
Mobilehome Park.
ADJOURNMENT Mayor Cafagna adjourned the meeting at 9:15 p.m.
~~
Sherrie D. Worrell, Deputy City Clerk
City of Poway, California
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