CC 2008 03-04
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MARCH 4, 2008
The March 4, 2008, 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 Poway City Council Chambers, 13325 Civic Center
Drive, Poway, California.
COUNCILMEMBERS PRESENT
Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford, and Mickey Cafagna
STAFF MEMBERS PRESENT
Rod Gould City Manager
Penny Riley Assistant City Manager
Lisa Foster City Attorney
Diane Shea City Clerk
Bob Manis Director of Development Services
Kevin Haupt Director of Public Works
Tina White Director of Administrative Services
Dena Fuentes Director of Redevelopment Services
Mark Sanchez Director of Safety Services
Todd Frank Sheriff's Captain
Patti Brindle City Planner
Frank Casteleneto City Engineer
Jennifer Lewis Sr Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the pledge of allegiance.
CITY COUNCILMEMBER ANNOUNCEMENTS
. Poway Bob's Restaurant Review' Deputy Mayor Emery reviewed Maui Express
restaurant located on Poway Road.
. Mayor Cafagna said that he has missed the past few City Council meetings because of
a recent surgery He continues to recover and will be back to full strength soon
PUBLIC ORAL COMMUNICATIONS
Val Derkach, Poway, reported a fire hydrant covered by a tree and asked for the City's help
to make the hydrant fully accessible.
Ed Carboneau, Poway, complained about Poway Toyota and said he will picket the business
this weekend,
Page 2 - CITY OF POWAY - March 4,2008
PUBLIC HEARINGS
1 Ordinance No. 671 - Second Reading, Entitled: "An Ordinance of the City of
Poway, California, Amending Chapters 13.09, 16.41 through 16.50, and 16.100
through 16.108 of the Poway Municipal Code Concerning Stormwater
Management and Discharge Control, Excavation and Grading, and Standard
Urban Stormwater Mitigation Plan." (0870-50)
On February 5, 2008, the City Council introduced and held the first reading of
Ordinance No 671 as titled above All Councilmembers were present except Mayor
Cafagna. Public testimony was received from one person.
Motion by Councilmember Higginson and seconded by Councilmember Rexford to
close the public hearing, waive further reading of the ordinance, and adopt Ordinance
No 671 Mayor Cafagna stated he was not present at the first reading but has
reviewed the record on this item and is prepared to vote on the matter Motion carried
unanimously by a roll call vote.
2. Ordinance No. 672 - First Reading, Entitled: "An Ordinance of the City of Poway,
California, Amending Title 2, Chapter 2.04 of the Poway Municipal Code by the
Amendment of Section 2.04.020 to Increase the Compensation ofthe Members of
the City Council and the Mayor." (0520-20/0740-20)
Diane Shea, City Clerk, presented the staff report, City Council policy has been to have
staff perform a review of councilmember and mayor salaries every two years. The
Council compensation is governed by the California Government Code which allows
salaries to be increased in an amount up to 5% per year for each calendar year since
the last compensation adjustment. The last adjustment was in 2006 A survey was
conducted of Council salaries in all San Diego County cities except City of San Diego.
Poway's compensation was below the City's compensation goal of being at the bottom
of the top one-third of San Diego cities, The financial impact to the City is $106 per
month per councilmember or approximately $6,400 annually The increase would not
become effective until the seating of the new council after the November 2008
municipal election.
Ed Carboneau, Poway, opposed to the salary increase
Motion by Councilmember Rexford and seconded by Council member Higginson
to take public input, waive further reading of the ordinance, introduce the
ordinance and continue the public hearing to March 18, 2008 for second reading
and adoption. Motion carried with Mayor Cafagna, Councilmember Rexford, and
Councilmember Higginson voting "Aye", Councilmember Boyack voting "No" and
Deputy Mayor Emery abstaining. Motion carried 3-1-1.
Page 3 - CITY OF POWAY - March 4,2008
3. Environmental Assessment, 07-04; High Valley Emergency Access Road, City of
Poway, Applicant: A request to construct an emergency access road through a
City-owned parcel that will connect the western terminus of Eastvale Road to the
eastern terminus of Sunset Mountain Way, within the Rural Residential-A zone.
APN: 278-181-01. (078().()8)
Jim Lyon, Senior Planner, presented the staff report, In March 2005, the City Council
held a workshop to discuss a series of proposals to improve fire safety in the
community, including the creation of emergency access routes. Staff analyzed where
the potential routes could be constructed and created a CIP project for the High Valley
area. As designed, the proposed emergency access route would begin at the
intersection of Markar Road and Eastvale Road in High Valley and connect to the
eastern terminus of Sunset Mountain Way, located within the Bridlewood subdivision
with final access to Espola Road. The alignment would utilize an existing 1,400-foot-
long concrete private drive and require the construction of a new 660-foot long, 16-foot-
wide road segment though a 30-acre City-owned parcel that contains the Alta Mira
Water Reservoir The new road surface will be covered with 8 inches of crushed
aggregate and 4-foot shoulder on each side for a total improved width of 24 feet. Both
ends of emergency access road will be gated and opened only in case of fire or other
declared emergency
Sandra Keithly, Poway, spoke of her concerns with the accessibility during an
emergency with locked gates and wants to be assured fire trucks will be able to,.get to
the High Valley area.
Robert Welch, Poway, said his driveway is part of the access road and requested
fencing to protect his private property
Ralph Citrullo, Poway, wants restrictions on use of the road when not in use during an
emergency
Geoffrey Loeffler, Poway, suggested using an existing access route that has historically
been used in the past.
Motion by Councilmember Higginson and seconded by Deputy Mayor Emery to close
the public hearing; and adopt the Resolution No P-08-04 entitled, "A Resolution of the
City Council of the City of Poway, California, Approving Environmental Assessment 07-
04 High Valley Emergency Access Road" and asked staff to look at the alternate route
as suggested by Mr Loeffler Motion carried unanimously
4 Consideration to Approve the Act to Enter into a Site Lease Amendment and a
Lease Amendment with the Redevelopment Agency in Connection with
Refunding of 1995 Refunding Certificates of Participation (City of Poway 1991
Capital Improvement Project - Poway Royal Mobilehome Park); and
Ordinance No. 673 - First Reading of an Uncodified Ordinance, Entitled: "An
Ordinance of the City of Poway, Approving the Entering into by the City of Poway
with the Poway Redevelopment Agency of a Site Lease Amendment and a Lease
Amendment in Connection with the Poway Royal Mobilehome Park," (0440-10)
Page 4 - CITY OF POWA Y - March 4, 2008
Dena Fuentes, Director of Redevelopment Services, presented the staff report.
In 1995, the City and Redevelopment Agency refinanced the acquisition of the Poway
Royal Mobilehome Park through the execution and delivery of 1995 Refunding
Certificates of Participation (City of Poway 1991 Capital Improvement Project - Poway
Royal Mobilehome Park) (the "1995 COPs"). By refunding all of the outstanding 1995
COPs through the execution and delivery refunding certificates (the "2008 COPs"), the
City expects to generate debt service savings in excess of $500,000 annually In
connection with the execution and delivery of the proposed 2008 COPs, the City and
the Agency would enter into a Site Lease Amendment and a Lease Amendment. The
Amendments will amend existing leases related to the 1995 COPs
James Mitchell, attorney for the Poway Royal Mobilehome Park, objects to this action
as the park is not in the redevelopment area and therefore is not allowed under the law
Motion by Deputy Mayor Nice Chair Emery and seconded by Councilmember/Director
Higginson to hold a public hearing to consider the Amendments, the City Council sitting
as the Planning Agency adopt Resolution No. P-08-05 entitled, "A Resolution of the City
Council of the City of Poway Acting as the Planning Agency Finding that a Site Lease
Amendment and Lease Amendment in Connection with the Poway Royal Mobilhome
Park Located at 13300 Alpine Drive, Poway, California, is in Conformity with the City's
"General Plan" as amended and closed that portion of the public hearing, waived
further reading of the Ordinance 673 and continued the public hearing on the
Ordinance to March 18, 2008 for second reading and adoption, Motion carried
unanimously
5 Conditional Use Permit 03-03M(2) and Development Review 03-04R(2); Poway
Seventh Day Adventist Church, Applicant: A request for a revision to a previously
approved project involving an approximate 4,920-square-foot expansion of an
existing church. The church is located on a 2.29-acre lot at 13940 Pomerado
Road and is in the RS-7 zone. APN: 314-132-07. (0210-30)
City Planner Patti Brindle provided the staff report. In 2004, the City Council approved
a request to expand the existing Seventh Day Adventist Church The expansion
consisted of an additional of 3,000 square feet to the existing 4,000-square-foot church
and the construction of a 50-foot tower A two-year time extension of that approval was
granted in 2006 The current request is to allow a 4,920-square-foot expansion to the
existing 4,000-square-foot church and the construction of a tower 50 feet and six inches
in height.
Motion by Councilmember Rexford and seconded by Deputy Mayor Emery to take
public input, close the public hearing, and adopt Resolution No P-08-06 entitled, "A
Resolution of the City Council of the City of Poway, California, Approving Conditional
Use Permit 03-03M(2) and Development Review 03-04R(2) and Rescinding
Resolutions No P-04-24 and P-06-18 Assessor's Parcel Number 314-132-07"
Motion carried unanimously
Page 5 - CITY OF POWA Y - March 4, 2008
6 Minor Conditional Use Permit 96-06; Lori Cota, Owner and Henry Rosel Michael
Pluel L TDC, LLC, Applicants: A request to consider modifications to or
revocation of Minor Conditional Use Permit 96-06 for Premier Recovery Services,
a vehicle repossession business that operates on the property located at 13977
Poway Road, within the Automotive/General Commercial zone. APN: 323-262-37.
(0210-50)
Councilmember Rexford disqualified herself from hearing and participating in this
matter because of a potential conflict of interest. She left the dais and Council
Chambers.
Carol Rosas, Associate Planner, presented the staff report. The City has received
continuous complaints regarding the operaton of Premier Recovery Services over the
past two years from the residential neighborhood located south of their locations.
Residents in the area complain about vehicle transport trucks associated with the
business blocking access along Sudan Road while loadinglunloading vehicles and
about the transport trucks driving through the neighborhood of Sudan Road and
Chancellor Way, which are private streets. This is an annual review of MCUP 96-06
pursuant to Municipal Code section 1748050 for consideration of modifying the
conditions of approval to ensure that the use will operate compatibility with the
surrounding residential use or consider revocation of the permit.
Robert Fisk, Poway, experiences problems with continued parking of their vehicles on
the private road
Jean Lupien, Poway, has had continued problems with them since 1997 with using the
residential streets for the business parking and on-loading and off-loading of cars.
Bernardo Gonzales, Poway, opposes renewing the MCUP because of safety issues
caused by their vehicles blocking the roadways.
Anthony DeMana, Poway, has safety concerns with the transport vehicles using the
private roads for parking. He also noted the increased wear and tear on this road paid
for by the residents
Henry Rose, owner, said the City created the problem by painting the curbs red leaving
them no other area to load and unload cars He asked for the City's help in finding a
storage lot for their cars.
Mike Plue, owner, said he is looking to move his business elsewhere
Motion by Councilmember Higginson and seconded by Deputy Mayor Emery to
continue this item for 45-60 days to allow the owner to explore an alternate site for auto
storage, loading and unloading of vehicles. Motion carried 4-0 with Councilmember
Rexford having disqualified herself due to a potential conflict of interest.
Page 6 - CITY OF POWAY - March 4,2008
STAFF REPORTS
7 Consideration of Installing an All-Way Stop Control at the Intersection of Valle
Verde Road and Solera WayNinter Way. (Q850.50)
Director of Development Services Bob Manis presented the staff report. The Traffic
Engineering staff received several requests from residents regarding the installation of
a traffic signal at the intersection of Valle Verde Road and Solera WayNinter Way The
requests were made in response to an accident involving a motorist and an 11-year old
child, which occurred at the intersection on January 23, 2008 On February 13, the
Traffic Safety Committee approved staff's recommendation for an all-way stop control
at Valle Verde Road and Solera WayNinter Way intersection. Approximately 25
residents attended the meeting and the vast majority of residents were in favor of the
recommendation.
Eighty (80) letterslemails were received prior to this hearing, Twenty-one were in favor
of the all-way control sign, and 59 were against its installation.
Dale Stone, Poway, presented a PowerPoint presentation opposing the stop sign and
disagreed with staff's evaluation
Dr Sanford Behrens, Poway, opposed staff.recommendation and spoke of the risks
and complications of rear-end collisions that would arise from the installation of the stop
signs in this area
Wayne Rounsavell, Poway, opposed the stop signs and suggested a road constriction
instead
Michael Richter, Poway, opposed the stop signs and suggested traffic calming
measures.
Charles Hill, Poway, supports staff recommendation stating this intersection is unsafe.
C J Ross, Poway, said this is a dangerous intersection and supports the stop signs.
Kelley Faley, Poway, spoke in support of the stop signs.
Vanessa Springett, supports staff recommendation and hopes a traffic light is installed
in the future
Leslie Faley, Poway, supports the stop signs and said the speed needs to be
controlled.
Motion by Councilmember Higginson and seconded by Councilmember Boyack to deny
staff recommendation and direct staff to bring the item back to Council with various
methods to reduce speeds. Motion carried 4-1 with Deputy Mayor Emery voting "No "
Page 7 - CITY OF POWAY - March 4,2008
8 Designation of City of Poway Fire Stations as Safe Surrender Sites Under the
Safely Surrendered Baby Law (0350-30)
In 2001, California Senate Bill 1368 became law and established the Safely Surrender
Baby Program. The law established hospitals as safe haven sites and allowed counties
to designate other facilities as safe haven sites. The purpose of the program is to
encourage parents to bring unwanted infants, up to three days old, to reception centers
for the child's safety In 2007, the San Diego County Board of Supervisors approved
the designation of fire stations that are staffed full-time as safe haven sites.
Motion by Deputy Mayor Emery and seconded by Council member Higginson to adopt
Resolution No 08-009 entitled, "A Resolution of the City Council of the City of Poway,
California, to Designate City of Poway Fire Stations as Safe Surrender Sites." Motion
carried unanimously
CONSENT CALENDAR:
Motion by Councilmember Rexford and seconded by Councilmember Boyack to approve the
Consent Calendar consisting of Items 9 through 19 as submitted Motion carried unanimously
9 Ratification of Warrant Register for the Period of January 21 through January 25,
2008 (0475-20)
10 Ratification of Warrant Register for the Period of January 28 through February 1,
2008 and February 4 through February 8, 2008 (0475-20)
11 Adoption of Resolution No. 08-008 entitled, "A Resolution of the City Council of
the City of Poway, California, Ordering the Expansion of Poway Landscape
Maintenance District 86-1 with the Annexation of APN 275-260-3000 with Written
Consent of the Property Owner David M. Rickey as Described within Exhibit "A"
Attached Hereto" and Direct the City Clerk to Record the Document with the
County of San Diego. (0760-20)
12. Acceptance of the Semi-Annual Encampment Report for July through December
2007 (0750-10)
13 Approval of Consultant Agreement with Landmark Consulting for As-Needed
Engineering and Surveying from March 4, 2008 through March 4,2009. (0700-10)
14 Acceptance of 2007-2008 Seal Coat Project (#407-4320) from Roy Allen Slurry
Seal, Inc.; Authorize the City Clerk to File and Record Notice of Completion,
Authorize the Release ofthe Retention in the Amount of $111 ,036.77; Release the
Material and Labor Bond in the Amount of $1 ,076,926.52, and Retain the Western
Surety Bond for Faithful Performance for a Period of One Year. (0700-10)
Page 8 - CITY OF POWAY - March 4,2008
15 Acceptance of the Poway Center for the Performing Arts Illuminated Marquee
Sign Project (CIP# 1553) from Fluoresco Lighting - Sign Maintenance
Corporation; Authorize the City Clerk to File and Record Notice of Completion,
Authorize the Release of Retention in the Amount of $5,757.10; Release the
Material and Labor Bond in the Amount of $54,796.00; and Retain the Great
American Insurance Company Bond for Faithful Performance for a Period of One
Year (0700-10)
16 Acceptance of the First Phase of the Wastewater Collection Access Manhole
Rehabilitation Program Under Zebron Contracting, Inc.; Authorize the City Clerk
to File and Record the Notice of Completion; Release the Public Work Bond for
Material and LaborlPublic Work Bond for Faithful Performance in the Amount of
$259,010; Authorize the Release of Retention in the Amount of $25,900.36; and
Confirm Staff May Proceed with the Second Phase of the Project. (0700-10)
17 Rejection of All Bids for the Water Treatment Plant Security System Upgrades -
Phase 1 (CIP#1754) Bid No. 08-008 and Authorize Staff to Procure the Contract on
the Open Market Pursuant to Public Contracts Code Sections 21066 and 20167
(0480-42)
18 Approval of Consultant Agreement Between the City of Poway and the Poway
Redevelopment Agency, and Aguirre & Associates for As-Needed Surveying and
Staking Services from March 4, 2008 through March 4, 2009 (0700-10)
19 Receive Report of Emergency Repair Expenditures Pertaining to the Witch Creek
Fire and Continue the City Manager's Authorization to Make the Necessary
Emergency Repairs Under Authority of Resolution No. 07-079, Adopted on
October 25, 2007 (0320-30)
CITY ATTORNEY ITEMS
21 CLOSED SESSION.
A PUBLIC EMPLOYEE PERFORMANCE EV ALUA TION
AUTHORITY: Gov. Code Sec. 54957
TITLE: City Manager
City Council consensus was to not hear this item at this time but reschedule
for a future City Council agenda closed session.
ADJOURNMENT Mayor Cafagna adjourned the meeting at 9'45 p.m
o ~~e~
City of Poway, California