CC 2000 11-28CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
NOVEMBER 28, 2000
The November 28, 2000, 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
Warren Shafer
Robert Clark
Niall Fritz
Jim Howell
Dennis Quillen
Deborah Johnson
Mark Sanchez
John Tenwolde
Javid Siminou
Jim Lyon
Kris Gridley
City Manager
Deputy City Manager
City Clerk
City Attorney
Director of Administrative Services
Director of Community Services
Director of Development Services
Director of Public Works
Deputy Director of Public Works
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
City Engineer
Assistant Planner II
Redevelopment Project Administrator
PLEDGE OF ALLEGIANCE
Deputy Mayor Higginson led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. There was no
one present wishing to speak.
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CONSENT CALENDAR
Mayor Cafagna requested Item 15 be pulled from Consent as it is a companion item to
No. 2. Motion by Deputy Mayor Higginson, seconded by Councilmember Goldby to
approve the remainder of the Consent Calendar as follows:
Ratification of Warrant Register for the Pedod of October 30 - November 3, 2000.
(401-10)
Approval of Minutes - City Council
October 31, 2000 - Regular Meeting
November 2, 2000 - Adjourned Regular Meeting
November 7, 2000 - Canceled Regular Meeting
10. Status Report on Domestic Violence Counseling Program.
(1180-05)
11. Acceptance of the Bette Bendixen Minipark Project from HT Development &
Construction. (602-01 #1386)
12. Award of Bid for the High Valley Water Line Replacement Project to PJA, Inc., DBA
Kay Construction Co. in the amount of $564,106. (602-01 #1451 )
13.
Adoption of Resolution No. P-00-91 - Approving Minor Development Review 00-19,
Hillside/Ridgeline, Chris Thompson, Applicant: A request to construct a 7,606
square foot, two-story residence on a vacant 14 acre property located on Cheyenne
Trail. (203-10)
14.
Award of Bid for the Annual Supply of Liquid Chlorine (Sodium Hypochlorite) at the
Poway Community Swim Center to Abcana Industries, Inc., in the amount of
$30,000. (601-03)
15.
Approval of Lease Agreement Between the City of Poway and Nextel
Communications for the Installation and Operation of a Wireless Antenna Facility at
Welton Reservoir, located at 12701 Welton Lane. (Heard with Item No. 2, Motion by
Deputy Mayor Higginson, seconded by Councilmember Emery, to approve the
agreement. Motion carried unanimously.) (602-01 #1452)
16.
Award of Bid for the Community Park Auditorium Kitchen Remodeling Project to
Randall Construction in the amount of $41,318. (602-01 #1453)
17.
AcceptanceoftheTrailFencing CapitallmprovementProjectfrom HarborBay, lnc.
(602-01 #1408)
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18.
Adoption of Resolution No. 00-107 - Approving an Application to the Urban Forestry
Grant Program through the California Trees for the Millennium Initiative funded
through the forest improvement fund for the Twin Peaks Road, Pomerado Road and
Ted Williams Parkway Tree Replanting Project. (401-30)
19. Approval of Extension of Agreement with Kearny Scripps, L.L.C., for a Sewer Line
License Agreement to November 30, 2001. (602-01 #1296)
Motion carried unanimously.
ITEM 1 (203-14)
ENVIRONMENTAL ASSESSMENT
DEVELOPMENT REVIEW 00-99
OWNER: KEVIN MCNAMARA-OLD POWAY VILLAGE LLC
APPLICANT: ZIEBARTH ASSOCIATES
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff
report by Development Services Director Fritz. This is a request to construct a three-
building, 22,000-square-foot retail commercial and restaurant building on a 1.7-acre site
located on the southwest corner of Midland Road and Temple Street.
The following people were present wishing to speak:
John Ziebarth, representing Old Poway Village LLC, made a brief presentation on the
proposed project and responded to questions of the Council.
Linda Webber, 16320 Ellie Lane, spoke in support of the proposed project.
Phil Spear, 16235 Rostrata Hill, spoke in support of the proposed project.
Dee Fleischman, 15070 Pomerado Road, spoke in opposition to the proposed project.
Margaret Lester, 13522 Robley Ranch Road, spoke in opposition to the proposed project.
Kevin McNamara, 12919 Corte Juana, spoke in support of the proposed project and
responded to questions of the Council.
General discussion ensued with Council concurring that the project should be amended to
include wooden walkways on both public and private property, the design of the
landscape plan, and the ability to accommodate potential entry from both the front and
rear of the buildings fronting on Midland Road.
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Motion by Councilmember Emery, seconded by Councilmember Rexford to continue the
public hearing to December 19, 2000 to allow the applicant time to redesign the project to
include the recommended changes expressed by Council. Motion carried 3-2 with Deputy
Mayor Higginson and Mayor Cafagna voting "no".
ITEM 2 (203-08)
CONDITIONAL USE PERMIT 00-20
WIRELESS COMMUNICATION FACILITY
APPLICANT: NEXTEL COMMUNICATIONS
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff
report by Development Services Director Fritz. This is a request to construct, operate and
maintain an unmanned Enhanced Specialized Mobile Radio telecommunications facility
with a 200 square foot equipment building and 8 panel antennas attached to the Welton
Reservoir, 12701 Welton Lane.
The following people were present wishing to speak:
Julie Weaver, 13146 Deelan Lane, spoke in opposition.
Anne Ford, representing Nextel, 5761 Copley Drive, San Diego, responded to questions of
the public and Council.
Motion by Motion by Councilmember Emery, seconded by Deputy Mayor Higginson, to
close the public hearing and adopt Planning Resolution No. P-00-92, entitled, "A
Resolution of the City of Poway, California Approving Conditional Use Permit 00-22
Assessor's Parcel Number 323-090-53." Motion carried unanimously.
ITEM 3 (701-04)
ORDINANCE NO. 533/FIRST READING
BI-MONTHLY SEWER SERVICE CHARGES
COMMODITY RATES-SINGLE FAMILY RESIDENCE
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 533, "An
Ordinance of the City of Poway, California Amending Chapter 13.03.010, Schedule of
Bimonthly Sewer Service Charges - Commodity Rates - Single Family Residence." This
ordinance establishes a more equitable method of sewer tier assignments for new single
family residential, and condominium and townhouse customers with separate master
landscape meters. Their tier will be determined on the actual usage with Tier 4 being the
maximum until winter use data is available.
There was no one present wishing to speak:
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Motion by Deputy Mayor Higginson, seconded by Councilmember Emery, to continue the
public hearing to December 12, 2000 for second reading and adoption. Motion carried
unanimously (roll call vote).
ITEM 4 (203-15)
REQUEST FOR REHEARING
COMPREHENSIVE SIGN PROGRAM (CSP) 00-03
APPLICANT: NAPOLI BUSINESS PARK
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. Staff
is requesting that the rehearing for this item be continued to the City Council meeting of
December 5, 2000, because the applicant has initiated further discussion with staff
regarding the compliance matter.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Deputy Mayor Higginson, to continue
the item to December 5, 2000. Motion carried unanimously.
ITEM 5 (1506-06)
REPORT
TVVIN PEAKS DEVELOPMENT POTENTIAL
Staff report by City Manager Bowersox. At its meeting of October 17, 2000, Council
mentioned concerns about the development of Twin Peaks Mountain. This report
presents information on the remaining undeveloped lots that make up the southerly flank
of Twin Peaks and advises of the estimated development and density potential of thee
properties. The net lot size, current zoning classification and average slope of each lot
were considered in assessing the density potential. This is a receive and file item.
No objection as filed.
Councilmember Emery requested staff prepare a report for the February 1, 2001
workshop regarding provisions for the protection of "Heritage Parcels."
ITEM 6 (602-01 #268R)
MULTIFAMILY HOUSING REHABILITATION STRATEGY
Introduction by City Manager Bowersox. Staff report by Redevelopment Services Director
Johnson. The Agency authorized the preparation of a Multifamily Rehabilitation Strategy
in March of 2000. Completion of the Strategy is a first step toward meeting the Agency's
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goal preserving the community's supply of multifamily rental housing. It establishes goals
and policies for a Multifamily Rehabilitation Program, reviews the resources available for
program implementation, calculates the amount of subsidy required to undertake the
program, and confirms that the Agency will have adequate resources to initiate the
program. Director Johnson then noted a minor language correction on Page 14 of 97
sections B3 and C4, the term utilize will replace the term maximize.
Motion by Councilmember Emery, seconded by Councilmember Rex'ford to approve the
Multifamily Rehabilitation Strategy and adopt Resolution No. 00-108, entitled, "A
Resolution of the City Council of the City of Poway, California Finding that the Expenditure
of Funds to Preserve and Improve Affordable Housing Located Outside the Project Area
Benefits the Redevelopment Project." Motion carried unanimously.
CITY MANAGER ITEMS
20.
City Manager Bowersox stated that the December 14, 2000 Workshop would not be
held due to the desire of all Councilmembers to be present. The item pertaining to
NPDES, will be placed on the December 19, 2000 regular meeting and the Parking
of recreational vehicles and trailers on residential streets as well as the review of
draft zoning ordinance amendment pertaining to outdoor display and sales will both
be scheduled for the January 11,2001 Workshop.
CITY ATTORNEY ITEMS
21.
City Attorney Eckis requested an additional Closed Session be added to the agenda
as Item 21F. The need to take action arose after the posting of the agenda. The
item to be discussed is Threatened Litigation, Government Code §54956.9(b)(3).
Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford, to add
the requested Closed Session to the agenda. Motion carried unanimously.
Public Employee Performance Evaluation
Government Code §54957
Position Titles: City Clerk and City Manager
Conference with Real Property Negotiator
Government Code §54956.8
Property: 13100 Poway Road
Negotiating Parties: James L. Bowersox, Executive Director on behalf of the
Poway Redevelopment Agency, Buyer
Vilmar Kumar, Seller
Under Negotiations: Price and terms
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Conference with Real Property Negotiator
Government Code {}54956.8
Property: 13202 Poway Road
Negotiating Parties: James L. Bowersox, City Manager on behalf of the City
of Poway, Seller
Meissner Jaquet, LLC, Buyer
Under Negotiations: Price and terms
Conference with Real Property Negotiator
Government Code §54956.8
Property: 14024 Brighton Avenue
Negotiating Parties: James L. Bowersox, City Manager on behalf of the City
of Poway, Buyer
John D. Simmons, Seller
Under Negotiations: Price and terms
Conference with Legal Counsel - Anticipated Litigation
Discussion on whether or not to initiate litigation
Government Code §54956.9(c)
Number of potential cases: 1
CLOSED SESSION
Mayor Cafagna called for a Closed Session as requested by the City Attomey at 9:30 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 10:44 p.m. with all Councilmembers
present and adjourned the meeting at 10:45 p.m. on motion by Councilmember Rex'ford,
seconded by Deputy Mayor Higginson.
-~oli Anne Peoples, C~-ty-Cl~k
City of Poway
7100