CC 2006 08-15
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
AUGUST 15, 2006
The August 15, 2006, Regular Meeting ofthe City Council of the City of Poway, was called to
order at 7:03 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
Sherrie Worrell
Robert Clark
Niall Fritz
Dena Fuentes
Jim Howell
Tina White
Garry MacPherson
Charlie Campe
Kristen Crane
Paolo Romero
PLEDGE OF ALLEGIANCE
City Manager
Assistant City Manager
Interim City Attorney
City Clerk
Deputy City Clerk
Director of Community Services
Director of Development Services
Director of Redevelopment Services
Director of Public Works
Director of Administrative Services
Division Chief, Safety Services
Sheriffs Captain
Assistant to the City Manager
Management Analyst
Deputy Mayor Rexford led the pledge of allegiance.
CITY COUNCILMEMBER ANNOUNCEMENTS
A. Poway Bob's Restaurant Review. No review given.
B. Remembering Linda Oravec. Councilmember Emery paid tribute to former Mayor
and Councilmember Oravec who passed away recently. The Mayor, City
Councilmembers, and friends Bruce Tarzy, Mary Shepardson, Don Ayles, and Jim
Bowersox praised her dedication and passion for the City and reminisced of their
friendships.
Council member Boyack inquired about a veterans' war memorial in Old Poway Park. City
Manager Gould responded a Council workshop on Old Poway Park will be held in the near
future and the memorial could be addressed at that time.
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CITY COUNCILMEMBER ANNOUNCEMENTS (continued)
Deputy Mayor Rexford reported that Senator Dennis Hollingsworth teamed up with the City of
Poway last week to host the workshop aimed at educating families on the ways law
enforcement, prosecutors and the public can work together to make children safer from sex
offenders.
PRESENTATIONS:
Presentation by the San Diego County Water Authority Regarding the San Vicente
Pipeline.
Craig Balben, Public Affairs Representative, and Andrew Oleksyn, Project Engineer, of the
County Water Authority gave a presentation and provided handouts on the pipeline
construction project. Poway's County Water Authority representative, Jim Bowersox, gave
further information.
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 person spoke:
Fred Dangel, Poway, inquired about the Oak Knoll curb and gutter project and asked if the
City could assist residents on Roca Grande in coordinating with a contractor to perform street
sealing work.
Mary Shepardson, Poway, believes it is illegal for gas stations to charge more per gallon of
gas when purchased with a credit card as opposed to cash, and said some Poway gas
stations are using this practice.
Jeff Figler, President of the Poway Chamber of Commerce, announced the 1st Annual
Chamber Sunset Food and Wine Experience at the Bernardo Winery on August 18; the
Poway Community Leadership Institute beginning in October; and the January 2007
Recognition Gala.
PUBLIC HEARINGS
1. Powav City Liahtina District. Public hearing to receive input; accept the ballot
tallies received in the City Clerk's Office; and adopt a Resolution if the ballots
favor the proposed zone change and an increase in assessments for the
Standish Drive streetlights. APNs: 323-141-06 through 14, 323-143-01, 323-146-
11, 323-147-10, 11, 323-148-09, 10, 323-142-01 through 03, and 323.144-17
through 19. (0760-30)
Mayor Cafagna opened the public hearing. On June 20, 2006, the City Council
adopted Resolution No. 06-054 declaring the intention to add six Standish Drive
streetlights to the Poway City Lighting District inventory, to increase Lighting District
assessments through a balloted zone change for 21 property owners, and set a Public
Hearing for August 15, 2006.
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Section 53753 (b) of the California Government Code requires any increase in
assessments be undertaken through a formal ballot by mail to all benefiting property
owners. Under Section 4 of the California Constitution, ballots were mailed to 21
Standish Drive area property owners for the addition of six streetlights and an increase
in assessments.
There was no one from the public wishing to speak. Mayor Cafagna closed the public
hearing.
City Clerk Diane Shea, along with Interim City Attorney Lisa Foster, opened and
counted the ballots. Ms. Shea reported 14 ballots were received; 12 in favor of
assessment district and 2 opposed. Finding that a majority of ballots were received in
favor of assessment district, motion by Council member Emery and seconded by
Deputy Mayor Rexford to adopt Resolution No. 06-067 entitled, "A Resolution of the
City Council of the City of Poway, California, Adding Six Standish Drive Streetlights to
the Poway City Lighting District and Increasing the Assessment Rate for 21 Standish
Drive Area Properties." Motion carried unanimously.
2. Powav City Liahtina District. Public hearing to receive input; accept the ballot
tallies received in the City Clerk's Office; and adopt a Resolution if the ballots
favor the proposed zone change and increase in assessments for the York
Avenue, Norwalk Street and Sycamore Avenue streetlights. APNs: 314-182-02,
314-182-08, 314-182-41, 314-182-52 through 54, 314-182-58, 59, 314-182-62
through 64, 314-182-66, 314-182-68 through 72, 314-182-74 through 76, 314-182-
79 through 84, 314-182-89 through 91, 314-194-26, 27, and 314-194-62. (0760-30)
Mayor Cafagna opened the public hearing. On June 20, 2006, the City Council
adopted Resolution No. 06-055 declaring the intention to add three streetlights, one
each on York Avenue, Norwalk Street and Sycamore Avenue, to the Poway City
Lighting District inventory, to increase Lighting District assessments through a balloted
zone change for 32 property owners, and set a Public Hearing for August 15, 2006.
Section 53753 (b) of the California Government Code requires any increase in
assessments be undertaken through a formal ballot by mail to all benefiting property
owners. Under Section 4 of the California Constitution, ballots were mailed to 32 area
property owners for the addition of three streetlights and an increase in assessments.
There was no one from the public wishing to speak. Mayor Cafagna closed the public
hearing.
City Clerk Diane Shea, along with Interim City Attorney Lisa Foster, opened and
counted the ballots. Ms. Shea reported 17 ballots were received; 10 in favor of
assessment district and 7 opposed. Finding that a majority of ballots were received in
favor of assessment district, motion by Council member Emery and seconded by
Deputy Mayor Rexford to adopt Resolution No. 06-068 entitled, "A Resolution of the
City Council of the City of Poway, California, Adding Three Streetlights, One Each on
York Avenue, Norwalk Street and Sycamore Avenue to the Poway City Lighting District
and Increasing the Assessment Rate for 32 Area Properties." Motion carried
unanimously.
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3. Tentative Tract Map 02-01 and Environmental Impact Report; Tom Liguori,
Applicant. A request to subdivide approximately 496 acres into 31 lots
consisting of 29 residential lots and two open space lots located three miles
north of Espola Road, east of the Heritage II development, at 15555 Stage Coach
Road. APNs: 277-021-05,06,07,08,09 and 10; 277-011-04, 05, & 276-140-13,14.
(0200-60)
Mayor Cafagna opened the public hearing. Director of Development Services Niall
Fritz presented the staff report. The proposed project, commonly known as Uguiori
Ranch Estates, proposes the subdivision of approximately 496 acres of land located
three miles north of Espola Road, and northeast of Old Coach Road and the Heritage
II development, into 31 lots consisting of 29 residential lots and 2 open space lots.
The residential lots within this lot-averaged subdivision range from 4 to 18.7 acres in
size and the two open space lots will cumulatively total 330 acres. The property is
primarily vacant, but contains one single-family home, with equestrian facilities (barn,
corral, etc.), and active agricultural areas located throughout the broad central valley.
The 120-acre central valley has been farmed and grazed over the past 30 years and
was identified in the Poway Habitat Conservation Plan as the future development area
for the property and new homes are not subject to the HCP's 2-acre maximum habitat
removal limitation.
Tom Liguiori, applicant, spoke in favor of his project.
Seeing no one else wishing to speak, Mayor Cafagna closed the public hearing.
Motion by Councilmember Emery and seconded by Deputy Mayor Rexford to close the
public hearing and adopt Planning Resolution P-06-40 entitled, "A Resolution of the
City Council of the City of Poway, California Certifying the Final Environmental Impact
Report (State Clearinghouse No. 2004031101) for the Liguori Ranch Estates Project,
Adopting Candidate CEQA Findings, Adopting a Mitigation Monitoring and Reporting
Program, and Approving Tentative Tract Map (TTM) 02-01 Assessor's Parcel Numbers
(APN): 277-021-05, 06, 07, 08, 09, and 10; 277-011-04 and 05; 276-140-13 and 14."
Motion carried unanimously.
STAFF REPORTS:
4. Consideration of an Amendment to the Owner Participation AQreement with
Parkway Development, LLC and Parkway Development III, LLC. (0700-10)
Tina White, Director of Administrative Services presented the staff report. The
Redevelopment Agency previously entered into two Owner Participation Agreements
(OPAs), one with Parkway Development LLC and the other with Parkway Development
III, LLC, for the development of property located in the South Poway Business Park.
Under the terms of the OPAs, the Redevelopment Agency will provide assistance to
the OPA Participants in the form of annual payments, subject to an assistance cap. All
obligations under OPA NO.1 have been completely fulfilled. Parkway Development III
has asked the Agency to include certain property tax increment from a portion of the
property within OPA NO.1 in calculating the Agency Assistance payment due under
the remaining OPA.
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Motion by Deputy Mayor Rexford and seconded by Councilmember Emery to approve
the Amendment to Owner Participation Agreement and the Agreement to be Recorded
Affecting Real Property and Authorize the Chair of the Redevelopment Agency to
execute the agreement. Motion carried unanimously.
CONSENT CALENDAR
Motion by Council member Emery and seconded by Deputy Mayor Rexford to approve the
Consent Calendar consisting of Items 5, 6 and 8 through 16 as submitted. Motion carried
unanimously.
5. Ratification of Warrant Reaisters for the periods of July 10-14 and July 17-21,
2006. (0475-20)
6. Approval of Minutes - City Council
July 18, 2006 Regular Meeting
July 25, 2006 Canceled Regular Meeting
8. Approval of City's Investment Report as of June 30, 2006. (0450-80)
9. Approval ofthe 2006 Semi-Annual Encampment Report. (0750-10)
10. Acceptance ofthe Welton Lane Sewer Proiect (#1828) from CCL Contracting, Inc.
(0700-10)
11. Award of Contract to Mikhail OQawa Enaineerina in the amount of $18,050 for
Technical Watershed Management Services. (0700-10)
12. Adoption of Resolution No. 06-069, entitled: "A Resolution ofthe City Council of
the City of Poway, California, Commending Eaale Scout Peter Adam Kerrian"
and Resolution No. 06-070, entitled: "A Resolution ofthe City Council ofthe City
of Poway, California, CommendinQ EaQle Scout Glenn T. Burfield." (0710-40)
13. Award of Bid to InQersoll Rand Company in the amount of $119,581.34 for the
purchase of a midsize motorized asphalt paver and trailer. (0480-40)
14. Approval of Final Map for Tentative Parcel Map 05-01 for the property located on
Eastvale Road. Mark Catrambone, Owner. APN: 278-240-20. This project is
associated with Hillside/Ridgeline Minor Development Review Application 04-
105. (0200-25)
15. Adoption of Resolution No. P-06-39, entitled: "A Resolution ofthe City Council of
the City of Poway, California, Approving Temporarv Use Permit 06-44 to hold the
Annual Poway Days Events" from September 1 through October 1, 2006. The
events scheduled include the Poway Days Heritage Parade, Poway Community Day
Celebration, and the Poway Rodeo. The events will occur on or around 13094 Civic
Center Drive and 14366 Tierra Bonita Road. City of Poway and Poway Chamber of
Commerce, Applicants. (0210-60)
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CONSENT CALENDAR (continued):
16. Approval of a $1.500 Communitv Contribution for the Conquista Tus Sueiios
Seminar in Poway. (0160-10)
CITY ATTORNEY ITEMS
Interim City Attorney Lisa Foster requested a Closed Session for the following:
18. CLOSED SESSION:
AUTHORITY:
NAME OF CASE:
CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
Gov. Code 54956.9a
Poway Royal Mobile Homeowners Association
v. Poway Redevelopment Agency, et al.
San Diego Superior Court Case GIC 849802
(Consolidated with GIC 849790)
MAYOR AND CITY COUNCIL-INITIATED ITEMS
23A. Mayor Cafagna requested and received concurrence of the City Council to hold a
Pre-Development Conference (PDC) 06-04, M&M Telecom, LLC (for Cricket
Communications, Inc.), Applicant/Jill Ogilvie and Patrick Flemming, Property Owners:
A request for comment on the proposed installation of new telecommunications
antennas at a residence located at 14264 Tierra Bonita Road. The project is located
on the west side of Tierra Bonita Road, off of Twin Peaks Road, in the Rural
Residential A (RR-A) zone. (0200-30)
CLOSED SESSION
Mayor Cafagna called for the Closed Session at 8:25 p.m. as requested by the City Attorney.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 8:42 p.m. reporting that there was no
reportable action from the Closed Session.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:43 p.m. in memory of former City of Poway Mayor
and Councilmember Linda Oravac.
L. Diane hea, City Clerk
City of Poway, California
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