CC 1999 07-20 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
JULY 20, 1999
The July 20, 1999, regular meeting of the City Council of the City of Poway, was
called to order at 7:00 p.m., by Mayor Cafagna at the City Council Chambers, 13325 Civic
Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Lori Anne Peoples
Steve Eckis
Bob Thomas
Jim Howell
Warren Shafer
Mark Sanchez
Javid Siminou
Mike Robinson
Leonard Zuniga
Steve Streeter
Jennifer Johnson
City Manager
Deputy City Manager
City Clerk
City Attorney
Director of Community Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
City Engineer
Traffic Engineer
Sheriff's Lieutenant
Principal Planner
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PRESENTATIONS
Mayor Cafagna presented a 10-year Service Award to Phil Barker - Landscape
Maintenance Supervisor and a 20-Year Service Award to Robert Willcox - Landscape
Maintenance Supervisor.
Mayor Cafagna presented Tom Howard with two Employee Suggestion (Cost Savings
Idea) Awards for his Redesign and Modification of Chloramine System and Polymer
Chemical Feed System along with a check for $500.
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Joseph Parker, Chairman of the San Diego County Water Authority introduced their Legal
Counsel, Dan Hentschkey who provided an overview of SB 506 and the Water Rate Study
done by their organization.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
persons were present wishing to speak:
Jim Piva, 13172 Poway Road, President of the Poway Chamber of Commeme announced
the appointment of Jim Bowersox as a Director on their Board; stated that the last Board
position will be filled by a consumer such as a soccer mom or dad; announced that the
Chairman and CEO's of the Diamond Gateway and Rancho Bernardo Chambers of
Commerce, in an effort to increase communications and relations, were given free
membership and event passes and invited those in attendance to the annual barbeque at
Lake Poway on July 22nd.
Bill Cross, 13105 Corona Way, representing the Weingart Senior Center, invited those in
attendance to their annual picnic on August 26th at 5:30 p.m. at Lake Poway.
Ed Carboneau, 14073 Pomegranate, expressed his opinion on the management of the
Poinsettia Mobile Home Park.
CONSENT CALENDAR
Councilmember Rexford stated that she would disqualify herself on Item 15 as the project
is near her residence. Motion by Deputy Mayor Emery, seconded by Councilmember
Higginson, to approve the Consent Calendar as follows:
12.
Ratification of Warrant Register for the periods of June 21 to June 25 and June 28
to July 2, 1999. (401-10)
13.
Approval of Minutes - City Council
June 22, 1999 - Regular Meeting
June 29, 1999 - Regular Meeting
July 06, 1999 - Regular Meeting
July 13, 1999 - Canceled Regular Meeting
14.
Approval of Minutes - Redevelopment Agency
June 22, 1999 - Regular Meeting
June 29, 1999 - Regular Meeting
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July 06, 1999 - Regular Meeting
July 13, 1999 - Canceled Regular Meeting
15. Adoption of Resolution No. 99-061 - Establishing No Parking Zones on Creek
Road. Councilmember Rexford disqualified, Approved 4-1. (1163-01)
16. Adoption of Long-Term Goal for City and Redevelopment Agency Mobile Home
Parks and Haley Ranch Estates. (Continued from May 6, 1998, Item 1). (208-02)
17. Adoption of Resolution No. 99-062- Approving Amendment No. 2 to Davis-Grunsky
Act Grant Contract No. D-GGR23 and Authorizing the City Manager to Execute the
Amendment. (602-01 #1344)
18. Compensation Increase for the City Clerk. (602-01 #1265)
19. Adoption of Resolution No. 99-063 - Amending the Indenture of Trust for Special
Tax Refunding Bonds Series 1998. (405-01)
20. Award of Bid for the Poinsettia Mobile Home Park Recreation Building Accessibility
Remodel (#1526) to Alpha Omega Construction in the amount of $44,500.
(602-01 #1343)
21. Status Report of Illegal Encampment Activities for second quarter of 1999(704-10)
21.1 Approval of Positions on Pending Legislation: Support AB 1524, Property Taxation;
Refunds; Interest Rates and SCA 3, Transportation Funding: Sales and Use Tax.
(701-11)
Motion carried unanimously.
ITEM lA (701-04)
ORDINANCE NO. 512 -SECOND READING
STREET EXCAVATION/CUT MORATORIUM
Mayor Cafagna read the title of the ordinance as follows:
Ordinance No. 512, entitled, "An Ordinance of the City of Poway, California, Adding
Chapter 12.14 to the Poway Municipal Code Relating to Street Excavation Requirements
and Imposing a Street Cut Moratorium on New or Recently Resurfaced Public Streets."
Staff report by City Manager Bowersox. This is the second reading of an ordinance which
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is intended to help preserve newly paved or overlaying streets and newly seal coated
streets. This policy has been in place for three years but due to the increasing number of
requests by public utility companies to cut the streets, it is vital that these projects be
coordinated and this policy be formalized.
Deputy Mayor Emery stated that although he had been absent at first reading, he had
reviewed all the material and was prepared to participate.
The following persons were present wishing to speak:
Barbara Nimesgern, 101 W. Broadway, San Diego, representing Pacific Bell, stated they
were neutral on the issue, but requested a data base be created and placed on the Poway
Web Site of all streets included in the moratorium. Additionally, she requested one person
be assigned as a point of contact.
Don Parent, 8330 Century Park, representing San Diego Gas & Electric, stated that they
had met with staff but requested this item be continued for an additional sixty days to allow
time for both parties to establish a plan to address infrastructure concerns.
Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to close the public
hearing and waive further reading of the Ordinance. Motion carried unanimously.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford to adopt Ordinance
No. 512. Motion carried 4-1 (roll call vote), with Councilmember Goldby voting no.
ITEM 2 (701-04)
ORDINANCE NO. 516- SECOND READING
WATER RATES
Mayor Cafagna read the title of the ordinance as follows:
Ordinance No. 516, entitled, "An Ordinance of the City of Poway, California, Amending the
Schedule of Water Service Charges and Establishing Water Rates."
Staff report by City Manager Bowersox. This is the second reading of an ordinance which
establishes water rates to be maintained at the current water use per unit charge of $1.715
through December 31, 1999, and increasing the charge to $1.766 per unit January 1,2000.
It also increases basic water service charges and pumping charges effective January 1,
2000.
Deputy Mayor Emery and Councilmember Higginson stated that although they were absent
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at first reading, they had reviewed the material and were prepared to participate.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to close the public
hearing, waive further reading and adopt Ordinance No. 516. Motion carried unanimously.
ITEM 3 (701-04)
ORDINANCE NO. 517- SECOND READING
SEWER RATES
Mayor Cafagna read the title of the ordinance as follows:
Ordinance No. 517, entitled, "An Ordinance of the City of Poway, California, Amending the
Schedule of Sewer Service Charges and Establishing Sewer Service Charges."
Staff report by City Manager Bowersox. This is the second reading of an ordinance which
establishes an increase in sewer rates effective the first full billing cycle after July 1, 1999
between 1% and 8% depending upon the class of service.
Deputy Mayor Emery and Councilmember Higginson stated that although they were absent
at first reading, they had reviewed the material and were prepared to participate.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to close the public
hearing, waive further reading and adopt Ordinance No. 517. Motion carried unanimously.
ITEM 4 (203-02)
TENTATIVE PARCEL MAP 96-01TE
APPLICANTS: JERRY AND LINDA STRAUSS
Staff report by City Manager Bowersox. This is a request for a final one-year time
extension on a subdivision map that was originally approved on May 21, 1996. The
proposal subdivides a 7.66 acre property located at 15466 Eastvale Road into three
parcels.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to close the public
hearing and adopt Planning Resolution No. P-99-51, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Tentative Parcel Map 96-01TE
Assessor's Parcel Number 278-240-15." Motion carried unanimously.
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ITEM 5 (203-01)
TENTATIVE PARCEL MAP 89-05/AMENDMENT
APPLICANT: POWAY SUMMIT ESTATES. FAMSTE INVESTMENT
Intreduction by City Manager Bowersox. Staff report by Principal Planner Streeter. This
is a request to revise previous conditions of appreval regarding pad elevations and sizes
as well as future building heights for preperty located at the southwest corner of Espola
Road and Poway Road.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Mayor Cafagna, to close the public
hearing and adopt Planning Resolution No. P-99-52, entitled, "A Resolution of the City
Council of the City of Poway, California Amendment to Approved TTM 89-05 Assessor's
Parcel Numbers 321-200-44 & 47." Motion carried unanimously
ITEM 6 (203-04)
VARIANCE 99-09
MINOR DEVELOPMENT REVIEW 99-99
APPLICANTS: DENIS AND PlA MORGAN
Staff report by City Manager Bowersox. This is a request for variance from the required
fourteen foot northerly side yard setback to six feet for a proposed freestanding cabana at
14456 Maplewood Street.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Higginson, to close public
hearing and adopt Planning Resolution No. P-99-53, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Variance 99-09/Minor Development
Review 99-99 Assessors Parcel Number 314-762-16." Motion carried unanimously.
ITEM 7 (1160-04)
TRAFFIC SAFETY/FLASHING BEACONS
POMERADO ROAD
Staff report by City Manager Bowersox. In April of 1999, the Principal of Pomerado
Elementary School requested a pedestrian and traffic safety review of the area surrounding
the school. During the May 19, 1999 City Council Meeting, Merrilee Boyack, representing
the school PTA, presented a petition asking the City consider five actions: 1) install flashing
lights on Pomerado Road; 2) eliminate one crosswalk at the Pomerado Road/Ninth Street
intersection; 3) repaint the "School" legend on Pomerado; 4) consider installing fluorescent
yellow/green school signs; and, 5) consider installing a red light enforcement camera.
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The Traffic Safety Committee reviewed the request and staff findings and recommends
approval of the installation of flashing beacons on Pomerado Road adjacent to Pomerado
Elementary School, fluorescent yellow/green school signs in all school areas and removal
of the northerly Pomerado Road crosswalk. The School legends will be repainted with the
annual striping contract in the fall. Staff recommends approval and appropriation of funds
from the General Fund for construction.
Merrilee Boyack, 1~,~. 18 Prescott Avenue, representing the Pomerado Elementary School
PTA, spoke in support of the item.
Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to approve staff
recommendation. Motion carried unanimously.
ITEM 8 (203-14)
DEVELOPMENT REVIEW 99-09
TENTATIVE TRACT MAP 98-06
APPLICANT: TOPMARK COMMUNITIES
Introduction by City Manager Bowersox. Staff report by Principal Planner Streeter. This
is a request for approval of the home designs and model complex for 26 homes under
Tentative Tract Map 98-06 located at the southwest corner of Midland Road and Twin
Peaks Road. The applicant has requested removal of the utility undergrounding
requirement as the poles are and will continue to serve only those homes located directly
south of the project. Additionally, the applicant has requested modification to conditions
of approval regarding the protection of the mature oak trees, the completion of public
improvements is required pdor to occupancy, and the intersection improvement design of
Outlook Road and Midland Road reflects the preference of the neighborhood.
The following people were present wishing to speak:
Reinhold Fritzohn, 14458 Midland Road, spoke in support of the project provided the
developer ensure screening be provided along his property line.
Steve Delaney, 12520 High Bluff Drive, San Diego, representing TopMark, stated they
supported the staff recommendations and were willing to abide by all conditions. He then
responded to questions of the Council.
Deputy Mayor Emery expressed concerns with the material proposed for the wall along
Twin Peaks, the lack of one-story homes on the exterior lots and the elevations/locations
of homes proposed for the other lots.
Councilmember Rexford requested a rendering of the location of the existing telephone
poles.
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Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to continue the
item to August 3, 1999 to allow the applicant time to work with staff to provide the
additional information requested by Council. Motion carried unanimously.
ITEM 9 (1401-00)
RULES AND REGULATIONS
LAKE POWAY
RECREATIONAL FACILITIES
Staff report by City Manager Bowersox. Staff was requested to bring back a rental use
policy for Lake Poway Recreation Area incorporating rental use limitations.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to adopt
Resolution No. 99-064, entitled, "A Resolution of the City Council of the City of Poway,
California Adopting Rules and Regulations for Operation of City of Poway Recreational
Facilities and Rescinding Resolution No. 98-014." Motion carried unanimously.
ITEM 10 (1180-05)
FISCAL YEAR 1999-2000 BUDGET
POWAY VISITOR SERVICES PROGRAM
Staff report by City Manager Bowersox. The Poway Chamber of Commerce Visitor
Services Program budget has been funded by the City since 1994. The Chamber is
requesting an appropriation of $18,385 for Fiscal Year 1999-2000 to implement projects
and activities to attract visitors and shoppers to Poway and strengthen the business
community. Staff supports the request.
Motion by Councilmember Rex'ford, seconded by Councilmember Goldby, to approve the
request. Motion carried unanimously.
ITEM 11 (1404-03)
SKATEBOARD PARK/BMX FACILITY
Introduction by City Manager Bowersox. Staff report by Community Services Director
Thomas. Staff was requested to explore the feasibility of developing a skate park/BMX
facility. This report addresses potential sites, projected cost, advantages and
disadvantages of such a facility and an inventory of similar facilities in the County.
Chuck Cross, 13514 Mora Circle, Chairman of the Parks and Recreation Committee,
responded to questions of the Council regarding their prior review of this subject matter.
Council concurred to receive and file the report. The site analysis will be referred to the
Parks and Recreation Committee.
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ITEM 11.1 (1401-20)
MEADOWBROOK MIDDLE SCHOOL
UPPER FIELD IMPROVEMENTS
Staff report by City Manager Bowersox. At the March 23, 1999 Council meeting, the Parks
and Recreation Advisory Committee presented a list of field upgrade recommendations for
consideration. After reviewing the proposed list, staff was requested to identify phased
improvement costs atthe Meadowbrook Middle School upper field. Staffwas also directed
to identify the landowner and status of the property west of the upper field for possible
parking expansion. Staff met with the school principal as well as representatives of the
Poway Unified School District, Poway Youth Sports Association, Youth Soccer and Pop
Warner Football. A budget has been prepared by GFH Landscape Architecture, which
identifies vadous cost centers for field improvements. Staff is recommending consideration
of funding for improvements identified under Phase 1. These improvements consist of
grading and drainage; planting hybrid Bermuda grass; installing an irrigation system; and
installing four light poles so that the field may be used for evening hours. The estimate is
approximately $500,000. With these proposed improvements, maximum field use would
be attained through a level playing field, propedy drained and irrigated and lit to extend the
hours of play until 9:00 p.m. Later phases could include improvements to the ballfields and
the provision of a restroom/concession building.
In order to specify use of the property and responsibilities of the City and School District,
it is proposed that a joint use policy be executed. The policy would include the times the
field would be available for school use and for youth sports; field maintenance
responsibilities and standards and requirements for youth sports.
If Council approves funding, the project will be submitted to the Poway Unified School
Board for approval. The District would be the lead agency, responsible for noticing and
holding the necessary public meetings.
Staff is proposing the project be funded as a loan from the City's General Fund to the
Redevelopment Agency. The source of the loan would be $115,000 in funding remitted
from the state, $100,000 in previously budgeted funds for the Y2K project, and $285,000
from the unappropriated General Fund Reserve.
The following people were present wishing to speak:
Shawn Moazzeny, 12902 Ilene Street, representing Poway Youth Soccer, spoke in
support.
Chuck Cross, 13514 Mora Circle, representing the Parks & Recreation Committee, spoke
in support.
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Ricky Canup, 12360 Meadowbrook Lane, expressed concerns with possible increased
traffic and trash.
Deputy Mayor Emery expressed his concerns with approving the item for funding prior to
holding neighborhood meetings.
General discussion ensued.
Council concurred that they were amenable to funding provided neighborhood meetings
are held and the community supports the proposal.
CITY ATTORNEY ITEMS
23.
City Attorney Eckis requested two closed sessions, both conferences with Legal
Counsel, anticipated litigation, discussion on whether or not to initiate ligation under
Government Code §54956.9 (c).
City Attorney Eckis stated he had joined the City in an Amicus Brief in the case of
Griffith vs. Santa Cruz. The issue is the retroactive application of the Prop 62
requirement for voter approval of general tax increases. The City will support Santa
Cruz in that it should not be retroactive. Also, that he had attended a meeting in
Sacramento with the new Chairwoman of the Fair Political Practices Commission,
and shared perspectives from local government for a more user friendly system.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
24. Deputy Mayor Emery noted that the landscaped area between the Town and
Country Shopping Center and Wal-Mart is poorly maintained.
27.
Councilmember Rexford requested staff look into a recent article in the North
County Times regarding an insect that is killing the California eucalyptus trees;
noted the right turn only sign on Pomerado and Poway Road by the Union 76 is
missing and thanked staff for immediate action in stopping the destruction of native
habitat by construction workers without permits in her neighborhood
28A.
Mayor Cafagna requested and received Council concurrence to hold a pre-
development conference on August 5, 1999 to consider the proposal of Frank
Rogers on behalf of Mr. and Mrs. Groh to use 3 parcels on Poway Road opposite
Match Point Drive as an affordable housing site. (203-18)
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28B. Mayor Cafagna requested and received Council concurrence to hold a pre-
development conference on August 5, 1999 to consider the proposal of Mark
Brenner to convert a single-family home into a mixed use land use to include
residence and a newspaper production operation at 12708 Monte Vista Road.
(203-18)
CLOSED SESSION
Mayor Cafagna called for closed session at 9:40 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 9:59 p.m. with all Councilmembers
present and adjourned the meeting on motion by Councilmember Rexford, seconded by
Councilmember Higginson in memory of Senator Craven at 10:00 p.m.
City~L-~ri ;Anne-PeopleS,of Poway city ClFerk
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