CC 2001 05-15CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MAY 15, 200t
The May 15, 2001, 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, Betty Rexford, Mickey Cafagna
COUNCILMEMBERS ABSENT AT ROLL CALL
Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Lori Anne Peoples
Steve Eckis
Warren Shafer
Robert Clark
Niall Fritz
Jim Howell
Dennis Quillen
John Tenwolde
Javid Siminou
Patti Brindle
Oda Audish
Jennifer Johnson
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
Assistant Director of Public Works
Sheriff's Captain
City Engineer
City Planner
Assistant Planner
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Goldby led the Pledge of Allegiance.
PRESENTATIONS
Mayor Lori Hold Pfeiler, City of Escondido, provided an update on the San Diego Regional
Government Efficiency Commission (RGEC) discussions.
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Mayor Cafagna presented a $75 Employee Suggestion Award and Certificate to Dian
Tresca for her suggestion to use special fencing at the Poway Lake boat dock to prevent
vandalism.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
people were present wishing to speak:
Bruce Tarzy, 15912 Ranch Hollow Road, expressed his views on RGEC.
Brad Norton, 11935 Danvers Circle, student at Meadowbrook Middle School, addressed
Council regarding a class project pertaining to speed limits on Pomerado Road.
Mitch Lederer, 11695 Eastfield Road, student at Meadowbrook Middle School, addressed
Council regarding a class project on skateboarding and the proposed skate park.
Amy Sergeant, 13424 Powers Road, student at Meadowbrook Middle School, addressed
Council regarding a class project on fundraising for the proposed skate park.
The following people expressed their views in opposition to the County of San Diego's
upcoming rotation of County staff assigned to Gooden Ranch (Ranger Paul Kucharczyk):
Michael Rothbart, 14441 Range Park Road
Ernest Smith, 5444 Caminito Borde, San Diego
Anne Laux, 12710 Roca Grande Drive
Donna Jennes, 13377 Via Mark
Tina Brandalise, 13956 Poway Road
Bill Seitz, 13629 El Mar Avenue
Liz Kennedy, 13352 Birch Tree Lane
Valerie Rinder, 18108 Old Coach Road
Robert Coates, 12710 Roca Grande
Howard Stacklin, 13149 Tobiasson Road, expressed his views on the energy situation.
CONSENT CALENDAR
Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to approve the
Consent Calendar as follows:
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Approval of Minutes - City Council
April 24, 2001 - Regular Meeting
8. Approval of City's Investment Report as of March 31, 2001.
(408-01)
o
Adoption of Resolution No. 01-033 - Ordering the Expansion of Poway Landscape
Maintenance District 86-1 and City of Poway Lighting District Zones A and C with
the Annexation of APN 275-260-41 with Written Consent of Property Owner
Property Description: Lot 26 TR 12331, Attanasio Family Trust, Property Owner,
APN 275-260-41. (705-09)
10.
Acceptance of Landscape Maintenance District Landscape Improvements to LMD
83-1C - Kenffield Estates - TopMark Communities LLC, Applicant, TTM 98-06.
(203-01)
11.
Approval of Request to Reallocate $291,950 in Transportation Development Act
(TDA) Funds from the Transit Maintenance and Operations Center Project to a
Poway Road Bus Shelters Project. (1207-01)
12. Acceptance of the Wetland Revegetation Project-Rattlesnake Creek and Beeler
Creek (#5261 and #5416) from Habitat West, Inc. (602-01 #1431
13.
Adoption of Resolution No. P-01-23, entitled "A Resolution of the City Council of the
City of Poway, California, Approving Temporary Use Permit 01-26," City of Poway
Community Services, Applicant, for the Annual Community Band Festival at Old
Poway Park, 14134 Midland Road on Saturday, May 19, 2001 from 12 to 8 p.m. and
on Sunday, May 20, 2001 from 1 to 7 p.m. (203-07)
14.
Appropriation of Funding for the 26th Year (Fiscal 2000-2001) Community
Development Block Grant (CDBG) Program. (602-01 #1331)
15.
Approval of Final Map for Tract Map 00-01, Approval of Agreement Relating to
Public Improvements, and Adoption of Resolution No. 01-034 - Annexation into
Landscape Maintenance District 87-1, and City of Poway Lighting District Zones A
and C; JP II- Poway Views, LLC, Owner. APN 325-010-09 & 12.
(203-01/705-14/705-10)
15.1
Approval of Positions on Pending Legislation: Oppose AB 663 Workers'
Compensation: Lifeguards, and SB 667 Automated Enforcement System.
(701-11)
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Motion carried 4-0 with Councilmember Higginson absent.
ITEM 1 (203-04)
VARIANCE 01-05
APPLICANT: CHRIS TALBOT
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to reduce the western side yard setback from the required 10 feet to a range
of 6 feet to 8 feet and the eastern side yard setback from 5 feet to 3 feet, 6 inches to allow
for 2 reom additions totaling approximately 586 square feet on an existing single-family
residence at 12210 Holland Road. APN: 314-311-12.
The following person was present wishing to speak:
Chris Talbot, 12210 Holland Road, applicant, spoke in support of the request.
Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to close the public
hearing and adopt Planning Resolution No. P-01-24, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Variance 01-05 Assessor's Parcel
Number 314-311-12." Motion carried 4-0 with Councilmember Higginson absent.
ITEM 2 (203-04)
VARIANCE 01-06
APPLICANTS: SCOTT AND DENISE THOMPSON
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is
a request for a Variance to allow the expansion of an existing detached garage to allow an
RV parking space within the garage and reducing the rear yard setback from 5 feet to 4
feet at 12211 Holland Road. APN: 314-315-01. Staff is requesting this item be continued
to the Council meeting of May 22, 2001, in order to readvertise the item with the correct
address.
There was no one present wishing to speak.
Motion by Deputy Mayor Goldby, seconded by Councilmember Rexford, to remove the
item from the Agenda and reschedule it for May 22, 2001. Motion carried 4-0 with
Councilmember Higginson absent.
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iTEM 3 (203-02/203-04)
TENTATIVE PARCEL MAP 98-06(TE-2)
VARIANCE 01-07
APPLICANT: PHILIP BUTZEN
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request for a second one-year time extension to a previously approved Tentative
Parcel Map and Variance, for the subdivision of a 2.5 acre property into two parcels. The
variance is to allow the existing residential care facility buildings to encroach within the 50-
foot setback buffer required between a semi-public use and an adjacent residential
property. The property is located at 14755 Budwin Lane. APN: 321-410-39.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded Mayor Cafagna, to close the public hearing
and adopt Planning Resolution No. P-01-25, entitled, "A Resolution of the City Council of
the City of Poway, California Approving Tentative Parcel Map 98-06 (TE-2) Time Extension
and Variance 01-07, and Rescinding Resolutions Nos. P-00-44 and P-98-31, Assessor's
Parcel Number 321-410-39." Motion carried 4-0 with Councilmember Higginson absent.
ITEM 4 (203-08/203-14)
CONDITIONAL USE PERMIT 98-05M
DEVELOPMENT REVIEW 01-01
APPLICANTS: DATTARAM AND GLORIA WALAVALKAR
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is
a request for a Conditional Use Permit modification and Development Review to expand
the existing Growing Place Montessori Preschool by construction of an approximately
12,000 square foot building and an increase in the enrollment capacity from 40-170
students. The applicant requests to use the proposed multi-purpose room for school and
community activities during evenings and weekends and would also expand the
playground and parking area.
The following people were present wishing to speak:
Pastor Nikoley, Pomerado Baptist Church, spoke in support.
Gloria Walavalker, 13941 Saddlewood Drive, applicant, spoke in support.
Development Services Director Fritz noted that the original agenda report recommended
activities in the multi-purpose room be limited from 6:30 p.m. to 9:00 p.m., Monday through
Friday and from 9:00 a.m. to 9:00 p.m. on Saturdays and Sundays.
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Since the writing of the report, the applicant has submitted a letter providing additional
details on the intended use of the multi-purpose room and requested that the hours of
operation be changed to all use until 10:00 p.m. on Sunday through Thursday and
Friday and Saturday to 12:00 a.m. instead of 9:00 p.m.
Staff is recommending Monday through Friday 6:30 p.m. to 10:00 p.m. and Saturday or
Sunday 9:00 a.m. to 10:00 p.m.
Mayor Cafagna reviewed the letters submitted by surrounding neighbors and their
concerns expressed regarding increased traffic, noise, maintenance of the private road,
upkeep of the property, increase in students.
Development Services Director Fritz addressed the conditions of approval contained in the
resolution which minimize the impact concerns of the surrounding neighbors.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the
public hearing and adopt Planning Resolution No. P-01-26, entitled, "A Resolution of the
City Council of the City of Poway, California Approving A Modification to Conditional Use
Permit 98-05, Development Review 01-01, and Rescinding Resolution No. P-99-03
Assessor's Pamel Numbers 317-520-12, 14, 28 and 35." Motion carried 4-0 with
Councilmember Higginson absent.
iTEM 5 (102-05)
CITY'S INVESTMENT POLICY
Staff report by City Manager Bowersox. Government Code Section 53600, which was
revised effective January 1, 1996, required the Treasurer or Chief Fiscal Officer to annually
render to the City Council a Statement of Investment Policy. Staff is recommending
Council rescind Resolution No 00-046 and adopt a new resolution to accept the amended
Investment Policy.
Administrative Services Director Shafer stated that the only changes to the policy were, the
update of the approved broker/dealer list and in Section III, Item S - clarification of the
compliance language.
Motion by Deputy Mayor Goldby, seconded by Councilmember Rexford, to adopt
Resolution No. 01-035, entitled, "A Resolution of the City Council of the City of Poway,
California Amending Investment Policy for Public Funds and Rescinding Resolution No. 00-
046." Motion carried 4-0 with Councilmember Higginson absent.
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CITY ATTORNEY ITEMS
17.
City Attorney Eckis announced that he had joined the City in an Amicus Brief in
support of the Thousand Oaks case being appealed to the California Supreme
Court where the City awarded a contract to build a new City Hall. The project
required 32 change orders to which the contractor agreed. Upon completion of the
contract, the contractor sued and requested additional money which was awarded
by the jury based on theory. He also advised that SB 402 was decided by Trial
Court and struck down.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
18.
Councilmember Emery noted that EDCO will provide residential trash pick up on
Memorial Day and requested that staff bring back an agenda item regarding the
calendar for EDCO service.
19.
Deputy Mayor Goldby requested Council come up with their own plan for RGEC.
Additionally, he requested an amendment to the Teen Issues Committee Charter
that would provide the Mayor and each Councilmember a representative on the
committee and that an outreach program through the schools to attract candidates
for the committee be developed by staff.
21.
Councilmember Rexford inquired as to when the annual weed abatement program
would begin; stated she had received phone calls regarding second dwelling units
being built in the Green Valley area without permits; reminded those in attendance
of the Poway Road workshop being held Wednesday evening; and advised she had
represented the Council at the Law Enforcement Memorial Service last week.
22A. Mayor Cafagna requested and received Council concurrence to appoint Katie
Polakiewilz to the Teen Issues Committee. (701-09)
22B.
Mayor Cafagna requested discussion of alternative date for June 7, 2001 Workshop.
Council concurred to cancel the June 7 and July 12 workshops, placing the items on
a June 21 workshop date. Councilmember Higginson absent.
22C.
Mayor Cafagna requested and Council concurred to hold a Pre-Development
Conference on June 21,2001 to consider a request from Ner Tamid Synagogue to
subdivide a 32 acre property located on Pomerado Road, south of St. Michael's
church/school campus property, for the development of a synagogue, pre-school,
Hebrew school and community center on the northwesterly 8 acres. (203-18)
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22D.
Mayor Cafagna requested Council concurrence to appoint a City Hall Site Analysis
Subcommittee of the City Council. Council concurred to appoint Councilmember
Emery and Mayor Cafagna.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 9:15 p.m., upon motion by Councilmember
Rexford, seconded by Councilmember Emery.
Lor~ Anne Peoples, (~it~(~l[~rk
City of Poway
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