CC 1999 10-05 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
OCTOBER 5, 1999
The October 5, 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, Don Higginson, Betty Rexford, Mickey Cafagna
COUNCILMEMBERS ABSENT AT ROLL CALL
Jay Goldby
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Lori Anne Peoples
Steve Eckis
Bob Thomas
Niall Fritz
Jim Howell
Deborah Johnson
John Tenwolde
Javid Siminou
Bob Krans
Jim Nessel
City Manager
Deputy City Manager
City Clerk
City Attorney
Director of Community Services
Director of Development Services
Director of Public Services
Director of Redevelopment Services
Sheriff's Captain
City Engineer
Fire Division Chief
Senior Planner
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PROCLAMATIONS
Mayor Cafagna presented a Proclamation entitled, "National Breast Cancer Awareness
Month - October 1999" to a representative of the American Cancer Society.
Mayor Cafagna stated that a Proclamation entitled, "Red Ribbon Week - October 23-31,
1999" was being presented at a meeting in San Diego this week.
6746
Page 2 - CITY OF POWAY - October 5, 1999
Mayor Cafagna presented a Proclamation entitled, "Fire Prevention Week, October 3-9,
1999" to Poway Fire Division Chief Krans.
PRESENTATIONS
Council heard a brief verbal presentation by Ms. Carolina Gregor, Project Manager for the
Region 2020 Outreach Program. They then viewed a video which had been shown at the
SANDAG "Smart Growth" Workshop entitled "Region 2020 - Working Together to Shape
Our Future" as requested by Councilmember Goldby.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
person was present wishing to speak:
Albert Heller, 13837 Tam O'Shanter Court, expressed his views on a Safety Services
disparity and suggested an increase in the fire tax per household to $100.
CONSENT CALENDAR
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to approve the
Consent Calendar as follows:
o
Ratification of Warrant Register for the period of September 13 to 17, 1999.
(401-10)
Approval of Minutes - City Council
September 14, 1999 - Regular Meeting
9. City's Investment Report as of August 31, 1999.
(408-01 )
10.
Resolution No. 99-077 - Adopting the Fair Political Practice Commission's Standard
Conflict of Interest Code 2 California Code of Regulations Section 18730 and
Rescinding Resolution No. 97-095; Resolution No. R-99-32 - Adopting the Fair
Political Practice Commission's Standard Conflict of Interest Code 2 California Code
of Regulations Section 18730 and Amending the List of Designated Positions and
Rescinding Resolution No. R-97-21; and Adopting Resolution No. 99-078 -
Approving the Agency's Adoption of their Amended List of Designated Positions.
(704-08)
6747
Page 3 - CITY OF POWAY - October 5, 1999
11.
Authorization to Proceed with the Drinking Fountain Replacement Project at the
Poway Center for the Performing Arts Pursuant to Public Contract Code 20166.
(601-03)
12. Acceptance of the 99-00 Crack Seal Program Contract from RCS1.(602-01#1245)
13. Adoption of Resolution No. 99-079 - Approving an Amendment to the Regional
Wastewater Disposal Agreement with the City of San Diego. (602-01 #1242)
Motion carried 4-0 with Councilmember Goldby absent.
ITEM 1 (1002-01 R)
ACQUISITION OF PROPERTY
GATEWAY PARK ROAD
OWNER: RETIREMENT ENTERPRISES. INC.
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
item was continued from the August 31, 1999 meeting when the Council directed City
Attorney to negotiate an acquisition agreement for 3.36 acres on Gateway Park Road with
Retirement Housing Foundation. The Real Estate Sale Contract conditioned on approvals
for both assisted living and affordable senior housing and is being presented this evening
for Council approval.
City Attorney Eckis provided a brief verbal overview of the agreement details and
responded to questions.
The following people were present wishing to speak:
Diane Hoist, 12646 Pedriza Drive, spoke in opposition
Ted Kostecke, 12720 Pedriza Drive, spoke in opposition
Frank Ledesma, 12622 Pedriza Drive, spoke in opposition
Earl Clampett, 12623 Pedriza Drive, spoke in opposition
Allen Haynie, 701 B Street, Suite 2100, San Diego, Attorney for applicant, spoke in
support
Doug Pancake, 7400 Center Avenue, Huntington Beach, Architect for applicant,
spoke in support
Robert Amberg, 5150 E. Pacific Coast Highway, #600, Long Beach, representing
the applicant, spoke in support
Charles Deem, 401 B Street, San Diego, representing the applicant, spoke in
support
6748
Page 4 - CITY OF POWAY - October 5, 1999
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to close the public
hearing, adopt the Negative Declaration and authorize the Mayor to execute the Real
Estate Sale Contract. Motion carried 4-0 with Councilmember Goldby absent.
ITEM 2 (1502-05)
POLITICAL REFORM ACT APPRAISALS
Introduction by City Manager Bowersox. Staff report by City Attorney Eckis. The Political
Reform Act may require the appraisal of a public official's real property interest in order to
determine if the official may participate in a decision. The City has an interest in assuring
that a disqualified official not participate in the decision. Action on this item would establish
when the cost of such an appraisal may be paid by the City.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to adopt
Resolution No. 99-080, entitled, "A Resolution of the City Council of the City of Poway,
California, Authorizing Appraisals of Interests of Public Officials at City Expense." Motion
carried 4-0 with Councilmember Goldby absent.
ITEM 3 (203-14)
DEVELOPMENT REVIEW 99-16
APPLICANT: BARRATT AMERICAN
Introduction by City Manager Bowersox. Staff Report by Development Services Director
Fdtz. This is a request from Barratt Amedcan for approval of the designs for 12 homes for
Tentative Tract Map 98-01 located at the eastern terminus of Eastvale Road.
The following people were present wishing to speak:
Tim Wilhelm, 15487 Vali Hai, representing the EVJRA, spoke in support
David Jacinto, 219 Meadow Vista Way, Encinitas, representing Barratt American,
spoke in support and responded to questions of the Council
Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to adopt
Planning Resolution No. P-99-73, entitled, "A Resolution of the City Council of the City of
Poway, Califomia, Approving Development Review 99-19 Assessor's Parcel Number 321-
090-10, 17." Motion carried 4-0 with Councilmember Goldby absent.
ITEM 4 (209-00)
REGIONAL COLLABORATIVE MARKETING CAMPAIGN
Staff report by City Manager Bowersox. The City of Poway is a member of the San Diego
6749
Page 5 - CITY OF POWAY - October 5, 1999
Regional Economic Development Corporation (EDC). On January 27, 1998, the Council
approved a resolution of support to create the Partnership for a New Century Economy.
One effort of the regional partnership was the creation of a new marketing theme: San
Diego: Technology's Perfect Climate. The Regional Collaborative Marketing Campaign is
the next step in promoting the San Diego region as the perfect location for technology
companies. The marketing plan will run between six and nine months beginning late this
year at a cost of $450,000. Other agencies and municipalities are considering funding
amounts ranging from $5,000 to $50,000. If approved, Poway would contribute $7,000 to
the campaign.
The following person was present wishing to speak:
Tom Sheffer, 401 B Street, Suite 1100, San Diego, representing the San Diego
Regional EDC, spoke in support and thanked Council for their support
Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to approve the
allocation of $7,000. Motion carried 4-0 with Councilmember Goldby absent.
ITEM 5 (1180-05)
POTENTIAL SITES
BOYS & GIRLS CLUB
Staff previously presented Council and the Boys & Girls Club with six potential sites for a
new facility. As a result of the discussion on this item, staff was directed to re-examine and
expand the list. The revised list increased the number of potential sites to 21.
Representatives from the Boys & Girls Club have requested a continuance of this item to
October 19 so that their members can review each of the sites.
Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to continue the
item to October 19, 1999. Motion carried 4-0 with Councilmember Goldby absent.
ClTY MANAGERITEMS
14.
City Manager Bowersox announced that City employees were participating in a
National Denim Day this Friday, the purpose of which is to raise breast health
awareness and raise money for the fight against breast cancer (Susan G. Komen
Breast Cancer Foundation); City employees will also be wearing cowboy boots in
support of their colleague Wayne Gilbert, who is recovering from an automobile
accident. He also announced that he would be representing staff at a retirement
party for Mike Lessig who started with the water district and then with the City for
a total of 34 years.
6750
Page 6 - CITY OF POWAY - October 5, 1999
CITY ATTORNEY ITEMS
15. City Attorney Eckis requested a Closed Session be brought onto the agenda as the
need to take action arose after the posting of the agenda. The item is whether or
not to pursue litigation under Government Code Section 54956.9(c).
Motion by Mayor Cafagna, seconded by Deputy Mayor Emery, to bring the item
onto the agenda. Motion carried 3-1 with Councilmember Higginson voting "no"
and Councilmember Goldby absent.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
19. Councilmember Rexford presented the Council with a map that was a gift from a
Russian visitor to our City.
CLOSED SESSION
Mayor Cafagna called for Closed Session at 8:29 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna reconvened the meeting at 9:01 p.m. with all members present and
adjourned the meeting at 9:02 p.m. on motion by Deputy Mayor Emery, second by
Councilmember Higginson with Councilmember Goldby absent.
-- nne Peoples, City Cl~[rk -
City~ of Poway
6751