CC 2006 06-06
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JUNE 6, 2006
The June 6, 2006, Regular Meeting of the City Council of the City of Poway, was called to
order at 7:04 p.m. by Mayor Cafagna at the Poway City Council Chambers, 13325 Civic
Center Drive, Poway, California, for a Regular City Council Meeting.
COUNCILMEMBERS PRESENT
Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford and Mickey Cafagna
COUNCILMEMBERS ABSENT
None
STAFF MEMBERS PRESENT
Rod Gould
Penny Riley
Lisa A. Foster
Diane Shea
Patti Brindle
Ingrid Alverde
Dennis Quillen
Tina White
Mark Sanchez
Charlie Campe
Frank Casteleneto
Kristen Crane
Paolo Romero
PLEDGE OF ALLEGIANCE
City Manager
Assistant City Manager
Interim City Attorney
City Clerk
City Planner
Housing Division Manager
Deputy Director of Public Works
Director of Administrative Services
Director of Safety Services
Sheriff's Captain
City Engineer
Assistant to the City Manager
Management Analyst
Deputy Mayor Rexford led the pledge of allegiance.
PRESENTATIONS AND PROCLAMATIONS
Mayor Cafagna announced the City Council's appreciation to past Community Fine Arts
Advisory Committee Members Paula McCardle and Mary Karscig. Certificates of
Appreciation will be mailed as they were both unable to attend this meeting.
Mayor Cafagna presented a Proclamation for Affordable Housing Week, June 11-17, 2006, to
Ken Sauder, President of San Diego Housing Federation and Wakeland Housing &
Development Corporation.
Mayor Cafagna and Community Services Manager Richel Thayer presented a 10-Year
Service Award to Sharon Hill, Recreation Leader II.
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CITY COUNCILMEMBER ANNOUNCEMENTS
A. Poway Bob's Restaurant Review. Councilmember Emery reviewed Japan House
located in the Trident Center.
Council member Emery reminded everyone to get out and vote today in the Statewide Primary
Election.
Councilmember Boyack welcomed Boy Scout Troop 603 to the City Council meeting.
Deputy Mayor Rexford reported on her attendance at the Contract Cities Meeting where
redevelopment, housing, and transportation were discussed. She also attended a 2-hour
ethics training that meets the training provision of AB 1234. She thanked staff for their work
on Saturday's Employees Picnic at Lake Poway, and attended the Relay for Life fund raising
event at Lake Poway.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications noting that State
law may prohibit the City Council from taking action on items not on the agenda, and items
will be referred to staff. The following people spoke:
Joe St. Lucas, Poway, asked for a tamper-proof schedule posting board in Aubrey Park.
Andy Adams, Poway, inquired of liability issues surrounding Skateboard Park and Mobile
Recreation skating events; had concerns about auto dealer deliveries made on the street;
believes the City has liability issues with off-duty firefighters participating in the Burn Institute
"Boot Drive", and objects to holding the supervised Mobil Recreation activities in areas where
registered sex offenders live.
CONTINUED PUBLIC HEARINGS:
1. Ordinance No. 636, Second Reading, entitled, "An Ordinance of the City of
Poway, California, Amending Poway Municipal Code Chapter 8.11 entitled
'Alcohol Warning Signs Relating to Bars.''' (0320-65)
Diane Shea, City Clerk, presented the staff report. On May 16, 2006, Mayor Cafagna
opened the public hearing, and the City Council introduced and had first reading of
Ordinance No. 636 with no public testimony given. All Councilmembers were present
at the first reading.
There was no one present wishing to speak on this item.
Motion by Councilmember Boyack and seconded by Councilmember Emery to close
the public hearing and adopt Ordinance No. 636 entitled, "An Ordinance of the City of
Poway, California, Amending Poway Municipal Code Chapter 8.11 entitled 'Alcohol
Warning Signs Relating to Bars.''' Motion carried unanimously by roll call vote.
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2. Ordinance No. 637, Second Reading, entitled, "An Ordinance of the City of
Poway, California, Approving a Specific Plan Amendment (SPA 84..Q1YVY) to the
South Poway Specific Plan to Change the Land Use Designation on Two Vacant
Properties Totaling Approximately 7.65 Acres Located on the North Side of
Danielson Street, West of First American Way from Light Industrial to Industrial
Park. APNs: 323-480-10 and 14." Shamrock Poway Investors III, Applicant.
(0220-60)
Diane Shea, City Clerk, presented the staff report. On May 16, 2006, Mayor Cafagna
opened the public hearing, and the City Council introduced and had first reading of
Ordinance No. 637 with no public testimony given. All Councilmembers were present
at the first reading.
There was no one present wishing to speak on this item.
Motion by Deputy Mayor Rexford and seconded by Council member Higginson to close
the public hearing and adopt Ordinance No. 637 entitled, "An Ordinance of the City of
Poway, California, Approving a Specific Plan Amendment (SPA 84-01YYY) to the
South Poway Specific Plan to Change the Land Use Designation on Two Vacant
Properties Totaling Approximately 7.65 Acres Located on the North Side of Danielson
Street, West of First American Way from Light Industrial to Industrial Park. APNs:
323-480-10 and 14." Motion carried unanimously by roll call vote.
PUBLIC HEARINGS
3. Conditional Use Permit (CUP) 06-03, Powder River Development Services, LLC
(for Cricket Communications), Applicant: A request to allow the installation of a
telecommunications facility on an existing stadium light pole at Poway High
School. The subject property is located at 15500 Espola Road, in the Public
Facilities (PF) zone). APN 278-450-27. (0210-30)
Mayor Cafagna opened the public hearing. Patti Brindle, City Planner presented the
staff report. The applicant is requesting a Conditional Use Permit to install a
telecommunications facility consisting of antennas to be mounted to an existing
stadium light pole, and ancillary ground-mounted equipment within a chain link
enclosure, at Poway High School located at 15500 Espola Road, in the Public
Facilities zone. The facility would be the fourth telecommunications facility at this
sight. The proposed telecommunications facility will comply with the Federal
Communications Commission design and operational standards, and City standards.
Agnes McNeill, Poway, voiced safety concerns of the antennas particularly and noted
their close proximity to those attending the high school.
Motion by Councilmember Higginson and seconded by Councilmember Emery to close
the public hearing, approve CUP 06-03 and adopt Planning Resolution No. P-06-29
entitled, "A Resolution of the City Council of the City of Poway, California, Approving
Conditional Use Permit 06-03 Assessor's Parcel Number 278-450-27." Motion carried
unanimously.
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4. Modification to Conditional Use Permit (CUP) 91-08M(6), Country Montessori
School, Applicant: A request to modify a Condition of Approval for the existing
school located at 12642 Monte Vista Road, within the Commercial Office (CO)
zone. The modification would extend the date for the school use to June 19,
2007. APN: 275-460-62. (0210-30)
Mayor Cafagna opened the public hearing. Patti Brindle, City Planner presented the
staff report. The Country Montessori School is requesting a modification to its
Conditional Use Permit (CUP) to extend the expiration date for an additional year. On
June 4,2002, the City Council approved Modification to CUP 91-08M(3) to increase
student enrollment and install a temporary classroom structure. A condition of the
CUP modification required that the School develop a business plan by June 4, 2005,
for a permanent solution to its growth or cease its use.
On May 31,2005, the City Council approved a one-year extension to the CUP to allow
the School more time to identify funding for a plan to replace all the existing temporary
buildings with permanent buildings. Since then, the School has changed its focus from
on-site improvements to pursuing relocating the School to another site. Staff supports
the applicant's request for a one-year extension to allow the applicant to purchase a
site that the School has identified or to modify CUP 91-08 for approval of an on-site
Master Plan that would accommodate the school at build-out.
There was no one present wishing to speak.
Motion by Councilmember Emery and seconded by Deputy Mayor Rexford to close the
public hearing, approve CUP 91-08M(6) and adopt Planning Resolution No. P-06-30
entitled, "A Resolution of the City Council of the City of Poway, California, Approving
Conditional Use Permit 91-08M(06), Assessor's Parcel Number 275-460-62." Motion
carried unanimously.
5. Resolution Establishing Assessments for Powav Landscape Maintenance
District 83-1 to be collected on the San Diego County Property Tax Roll for Fiscal
Year 2006/2007. (0760-20)
Mayor Cafagna opened the Public Hearing. Deputy Director Dennis Quillen presented
the staff report. The City Council adopted Resolution No. 06-022 at its meeting of April
4,2006, declaring the intention to levy and collect assessments within LMD 83-1 and
set the public hearing for June 6, 2006. Both commercial and residential assessments
are proposed to remain unchanged at the Fiscal Year 2005/2006 rates.
There was no one present wishing to speak.
Motion by Council member Higginson and seconded by Deputy Mayor Rexford to close
the public hearing and adopt Resolution 06-040 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
2006/2007." Motion carried unanimously.
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6. Resolution Establishing Assessments for Powav Landscape Maintenance
District 86-1 to be collected on the San Diego County Property Tax Roll for Fiscal
Year 2006/2007. (0760-20)
Mayor Cafagna opened the Public Hearing. Deputy Director Dennis Quillen presented
the staff report. The City Council adopted Resolution No. 06-023 at its meeting of April
4,2006, declaring the intention to levy and collect assessments within LMD 86-1 and
set the public hearing for June 6, 2006. Assessments for residential Zone A are
proposed to remain unchanged at the Fiscal Year 2005/2006 rates. Zone B, one non-
residential parcel remains unassessed as it provides maintenance services for the
LMD improvements. There was no one present wishing to speak.
Motion by Council member Higginson and seconded by Deputy Mayor Rexford to close
the public hearing and adopt Resolution 06-041 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
2006/2007." Motion carried unanimously.
7. Resolution Establishing Assessments for Powav Landscape Maintenance
District 86-2 to be collected on the San Diego County Property Tax Roll for Fiscal
Year 2006/2007. (0760-20)
Mayor Cafagna opened the public hearing. Deputy Director Dennis Quillen presented
the staff report. The City Council adopted Resolution No. 06-024 at its meeting of April
4,2006, declaring the intention to levy and collect assessments within LMD 86-2 and
set the public hearing for June 6, 2006. Assessments for residential Zone A are
proposed to remain unchanged at the Fiscal Year 2005/2006 rates. Residential
assessments for Zone B are not proposed to be increased by the property owner
approved percentage determined by the average of San Diego Urban Works and
Consumers Cost Index of 3.5 percent for this fiscal year.
There was no one present wishing to speak.
Motion by Council member Higginson and seconded by Deputy Mayor Rexford to close
the public hearing and adopt Resolution 06-042 entitled, "A Resolution of the City
Council of the City of Poway, California, Establishing Assessments for Landscape
Maintenance District 86-2 to be Collected on the Property Tax Roll for Fiscal Year
2006/2007." Motion carried unanimously.
8. Resolution Establishing Assessments for Powav Landscape Maintenance
District 86-3 to be collected on the San Diego County Property Tax Roll for Fiscal
Year 2006/2007. (0760-20)
Mayor Cafagna opened the public hearing. Deputy Director Dennis Quillen presented
the staff report. The City Council adopted Resolution No. 06-025 at its meeting of April
4, 2006, declaring the intention to levy and collect assessments within LMD 86-3 and
set the public hearing for June 6, 2006.
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Both commercial and residential assessments are proposed to remain unchanged at
the Fiscal Year 2005/2006 rates.
There was no one present wishing to speak.
Motion by Council member Higginson and seconded by Deputy Mayor Rexford to close
the public hearing and adopt Resolution 06-043 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
2006/2007." Motion carried unanimously.
9. Resolution Establishing Assessments for Powav Landscape Maintenance
District 87 -1 to be collected on the San Diego County Property Tax Roll for Fiscal
Year 2006/2007. (0760-20)
Mayor Cafagna opened the public hearing. Deputy Director Dennis Quillen presented
the staff report. The City Council adopted Resolution No. 06-026 at its meeting of April
4,2006, declaring the intention to levy and collect assessments within LMD 87-1 and
set the public hearing for June 6,2006. Both commercial and residential assessments
are proposed to remain unchanged at the Fiscal Year 2005/2006 rates.
Dee Fleischman, Poway, speaking on all the landscape maintenance districts agenda
items, suggested that Poway Public Works crews as well as contract maintenance
workers, keep the shrubs in their natural shape.
Motion by Councilmember Higginson and seconded by Deputy Mayor Rexford to close
the public hearing and adopt Resolution 06-044 entitled, "A Resolution of the City
Council of the City of Poway, California, Establishing Assessments for Landscape
Maintenance District 87-1 to be Collected on the Property Tax Roll for Fiscal Year
2006/2007." Motion carried unanimously.
10. Resolution Establishing Assessments for the Powav Liahtina District to be
collected on the San Diego Property Tax Roll for Fiscal Year 2006/2007.
0760-30)
Mayor Cafagna opened the public hearing. Deputy Director Dennis Quillen presented
the staff report. The City Council adopted Resolution No. 06-027 at its meeting of April
4,2006, declaring the intention to levy and collect assessments within Poway Lighting
District and set the public hearing for June 6,2006. The Lighting District assessments
are proposed to remain unchanged at the Fiscal Year 2005/2006 rates.
Motion by Councilmember Boyack and seconded by Councilmember Emery to close
the public hearing and adopt Resolution 06-045 entitled, "A Resolution of the City
Council of the City of Poway, California, Establishing Assessments for Poway Lighting
District to be Collected on the Property Tax Roll for Fiscal Year 2006/2007." Motion
carried unanimously.
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STAFF REPORTS
11. A Resolution Establishing a No Parkina Zone next to Aubrey Park driveway.
(0860-10)
City Engineer Frank Casteleneto presented the staff report. Traffic Engineering staff
received a request to investigate the adequacy of the existing corner sight distance for
the Aubrey Park driveway. It was noted that during heavy traffic flow from the park,
drivers were having difficulty exiting when cars were parked too closely to the
driveway.
There was no one present wishing to speak on this item.
Motion by Councilmember Emery and seconded by Deputy Mayor Rexford to adopt
Resolution No. 06-046 entitled, "A Resolution of the City Council of the City of Poway,
California, Establishing a No Parking Zone Next to Aubrey Park Driveway." Motion
carried unanimously.
12. Adoption of the City of Poway's Code of Ethics.
(0710-95)
Assistant to the City Manager Kristen Crane presented the staff report. At the City
Council workshop of April 11, 2006, staff reviewd a proposed Code of Ethics for the
City of Poway. The Council directed that this item return at a regular City Council
meeting for adoption. While the City of Poway and its representatives are considered
by some models of professional and ethical conduct, codifying existing practices will
help ensure these practices continue in the future. The Code of Ethics proposed for
Poway emphasizes values as opposed to rules and identifies examples of behaviors
that reflect the values. It is proposed that the Code of Ethics apply to City of Poway
elected officials, officers, employees, members of committees and commissions and
volunteers.
Joe St. Lucas, Poway, asked where the public can file an alleged violation of the Code.
Motion by Councilmember Emery and seconded by Council member Boyack to adopt
Resolution No. 06-047 entitled, "A Resolution of the City Council of the City of Poway,
California, Adopting a City of Poway Code of Ethics" with a return to Council for an
annual review. Motion carried unanimously.
CONSENT CALENDAR:
The Consent Calendar consists of items 13 though 21. Item 21 was removed from the
Consent Calendar for discussion at the request of a member of the public.
Motion by Council member Emery and seconded by Deputy Mayor Rexford to approve the
Consent Calendar Items 13 through 20 as submitted. Motion carried unanimously.
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13. Ratification of Warrant Reqisters for the periods of April 24 through April 28, 2006,
May 1 through May 5,2006, and May 8 through May 12, 2006. (0475-20)
14. Accept and File the City's Investment Report as of April 30, 2006.
(0450-80)
15. Adoption of Resolution No. 06-048 entitled "A Resolution of the City Council of the City
of Poway, California, Calling and Giving Notice of the Holding of a General Municipal
Election to be Held on Tuesday, November 7,2006, for the Election of Certain Officers
as Required by the Provisions of the Laws of the State of California Relating to
General Law Cities"; and Adoption of Resolution No. 06-049 entitled "A Resolution of
the City Council of the City of Poway, California, Requesting the Board of Supervisors
of San Diego County to Consolidate a General Municipal Election to be Held on
Tuesday, November 7,2006, with the Statewide General Election to be Held on that
Date Pursuant to ~1 0403 of the Elections Code." (0725-40)
16. Award of Contract to West Coast General Corporation/Dick Miller. Inc. a Joint Venture,
in the amount of $3,192,568.00 for the Community Road Improvements - Phase 3 -
Sound Wall Project (#1820), Bid No. 06-009. (Continued from May 16, 2006, Item 24)
(0700-10)
17. Award of Bid for Water Treatment Plant Chemicals for FY 2006/2007 to the following:
Thatcher Company of California $77,520.00 (Liquid Alum); JCI Jones Chemicals, Inc.,
$52,000.00 (Liquid Chlorine); Thatcher Company of California, $21 ,801.00 (Potassium
Permanganate); Basic Chemical Solutions, LLC, $90,775.15 (Liquid Sodium
Hydroxide); and Hill Brothers Chemical Co., $14, 325.60 (Aqua Ammonia), Bid. No.
06-011. (0480-30)
18. Approval of Appropriation of $2,600 from California Law Enforcement Equipment
Proqram (CLEEP) Grant Fund 256, to Enroll Three Traffic Deputies to a Police Laser
Instructor/Operator Course. (0490-51)
19. Adoption of Resolution No. P-06-31 entitled "A Resolution of the City Council of the
City of Poway, California, Approving the Temporarv Use Permit (TUP) 06-31 to Hold
the Annual Old Fashioned Fourth of July 2006 at Old Poway Park, Located at 14134
Midland Road, From 10:00 a.m. to 4:00 p.m., and Fireworks Display at Poway High
School, Located at 15500 Espola Road, from 9:00 p.m. to 9:20 p.m. on Tuesday, July
4,2006." City of Poway Community Services Department, Applicant. (0210-60)
20. Receipt and Filing of Quarterly Encampment Report - First Quarter 2006. (0750-90)
21. Approval of Position on Pendinq Leqislation: Support: AB 142 (Nunez and Perata)
Flood Control: Levee Repair and Flood Control Systems; AB 2174 (Villines) Criminal
Procedure: Defendant's Appearance; AB 2503 (Mullin) Affordable Housing; AB 2635
(Vargas) Sex Offenders; ACA 30 (Laird) Local Government: Flood Control
Assessments; and SB 1296 (Kehoe) San Diego Consolidated Transportation Agency;
Oppose: SB 1627 (Kehoe) Wireless Telecommunications Facilities; Watch: SB 928
(Perata) Public Resources: Solid Waste. (0740-55)
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This item was removed from the Consent Calendar for public discussion.
Dee Fleischman, Poway, applauded the City's stance on the telecommunications bill
and asked the City to post its legislative positions on the website.
Motion by Deputy Mayor Rexford and seconded by Councilmember Emery to approve
the position of opposition on SB 1627 (Kehoe) Wireless Telecommunications
Facilities. Motion carried unanimously.
CITY MANAGER ITEMS
22. City Manager Gould spoke on the May Revisions to the Governor's proposed budget.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
28A. Mayor Cafagna asked for and received concurrence to hold a Pre-Development
Conference (PDC) 06-01 for Strategic Real Estate Services (for Cingular Wireless),
Applicant, regarding a project is located on the north side of Valley View Road, off of
Old Coach Road, in the Rural Residential A (RR-A) zone, APN: 277-020-15 on the
Workshop Agenda of June 13, 2006.
28B. Mayor Cafagna asked for and received concurrence to hold a Pre-Development
Conference (PDC) 06-02 for Pomerado Hospital, Applicant, regarding the proposed
architecture on Phase II of the Pomerado Hospital Expansion and the proposed use of
retaining walls that exceed the City's six foot height limit, on the APNs: 275-461-04,
275-470-01, 06, 10, and 26, on the Council workshop of June 13, 2006. (0200-30)
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 7:59 p.m.
~~1;WCle'k
City of Poway, California
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