CC 2001 05-22CITY OF POWAY, CALIFORNIA
MINUTES OF THE CiTY COUNCIL
REGULAR MEETING
MAY 22, 2001
The May 22, 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, 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
Leonard Zuniga
Javid Siminou
Patti Brindle
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
Sheriff's Lieutenant
City Engineer
City Planner
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Goldby led the Pledge of Allegiance.
PRESENTATIONS
Mayor Cafagna presented a proclamation declaring the week of May 20-26, 2001 as
"National Public Works Week" to Director of Public Works Howell.
Steve Smurthwaite, Vice President, Real Estate and Administrative Services, Gateway
thanked the Council and staff for their assistance in the relocation of his corporation to
Poway.
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PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The
following people were present wishing to speak:
Louis Tooch, 14105 Powers Road, requested Council reconsider their vote in opposition to
SB 667, red light photo enforcement, as the bill had been amended to delete the area of
their concern.
Howard Stacklin, 13149 Tobiasson Road, expressed his views on holidays and inquired as
to who approved electric permits.
Randy Wilbur, 13045 Nightfall Terrace, San Diego, Poway Boy Scout Troop Leader,
requested Council take action to oppose the County of San Diego action to rotate Ranger
Paul.
CONSENT CALENDAR
Motion by Deputy Mayor Goldby, seconded by Councilmember Rexford, to approve the
Consent Calendar as follows:
Approval of Minutes - City Council May 1, 2001 - Regular Meeting
May 3, 2001 - Canceled Adjourned Regular Meeting
Award of Bid for the 2001-02 Crack Seal Program to *** in the amount of*** (Bids to
be opened May 15, 2001 .) (Withdrawn.) (601-03)
Update and Amendment to the Guidelines for Community Development Block Grant
(CDBG) Housing Rehabilitation Program to (1) incorporate new federal lead-based
paint testing requirements; (2) eliminate obsolete Program guideline language; (3)
increase the maximum CDBG loan amount from $8,000 to $10,000; and to (4)
authorize the Mayor to sign a Memorandum of Understanding with the County for
lead-based paint testing and reduction. (208-03/602-01 #308R)
Motion carried unanimously.
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ITEM 1 (701-04)
ORDINANCE NO. 537/FIRST READING
TELECOMMUNICATIONS SERVICE
PUBLIC RIGHTS-OF-WAY FEE
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 537, "An
Ordinance of the City Council of the City of Poway Adding Chapter 12.56 to the Poway
Municipal Code to Require all persons or Entities Which Use Public Rights-Of-Way to
Provide Telecommunications Service to Pay Reasonable Compensation for Such Use."
Staff report by City Manager Bowersox. Cox Communications has recently decided to
cease payment of franchise fees on high-speed cable modem revenues in the City based
on their interpretation of the Ninth U.S. Circuit Court of Appeals decision in the AT&T vs.
City of Portland case. To ensure that the City does not lose revenues, an ordinance was
prepared, which will require telecommunication providers to pay reasonable compensation
to the City for the use of the public rights-of-way as authorized by the Telecommunications
Act of 1996.
City Attorney Eckis elaborated on the misinterpretation that this is an internet tax issue
and responded to questions of the Council.
The following people were present wishing to speak in opposition to the proposed
ordinance:
Mary Ball, 5159 Federal Boulevard, San Diego, representing Cox Communications.
Richard Patch, 222 Kearny Street, San Francisco, Attorney for Cox Communications.
Dan Ballister, 8949 Wave Court, San Diego, representing Time Warner Cable.
Kathie Hardie, 101 W. Broadway, Suite 1440, San Diego, representing Pacific Bell.
Motion by Councilmember Higginson, seconded by Councilmember Emery, to waive further
reading. Motion carried unanimously. Motion by Councilmember Emery, seconded by
Councilmember Rexford, to continue the public hearing to September 18, 2001 for second
reading and adoption. Motion carried 3-2 with Councilmember Higginson and Deputy
Mayor Goldby voting "no."
ITEM 2 (701-04)
ORDINANCE NO. 538/FIRST READING
SHAPE AND BUILDABILITY OF LOTS
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Mayor Cafagna opened the public hearing and read the title of Ordinance No. 538, "An
Ordinance of the City Council of the City of Poway Amending Section 17.08.170 of the
Poway Municipal Code Pertaining to Shape and Buildability of Lots." Staff report by City
Manager Bowersox. The proposed ordinance would assure that a lot would not be
buildable if it could not strictly adhere to current grading requirements. In addition, newly
created lots have to adhere to the 3:1 ratio. City Attorney Eckis responded to questions of
the Council.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to waive further
reading and continue the public hearing to June 5, 2001 for second reading and adoption.
Motion carried unanimously.
ITEM 3 (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.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Councilmember Emery, to close the
public hearing and adopt Planning Resolution No. P-01-27, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Variance 01-06 Assessor's Parcel
Number 314-315-01 ."
ITEM 4 (203-21)
INITIATION Of SPECIFIC PLAN AMENDMENT 84-01YY
MOBILE HOME PARK TO RESIDENTIAL APARTMENT
Staff report by City Manager Bowersox. This is a request to initiate a Specific Plan
Amendment to establish in the South Poway Specific Plan, the Residential Apartment land
use designation and to change the designation of the 8-acra section of a 32-acre site from
Mobile Home Park (MH P) to Residential Apartment (PA)located near the southeast corner
of Community Road and Civic Center Drive.
There was no one present wishing to speak.
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Motion by Councilmember Emery, seconded by Councilmember Rexford, to adopt
Resolution No. 01-037, entitled, "A Resolution of the City Council of the City of Poway,
California, Initiating a Specific Plan Amendment (SPA 84-01YY) to the South Poway
Specific Plan to Establish in the South Poway Specific Plan the Residential Apartment
Land Use Designation and to Change the Designation of an 8-Acre Section of a 32-Acre
Site Land Use Designation of the Subject Parcel Located Near the Intersection of
Community Road and Civic Center Drive from Mobile Home Park (MHP) to Residential
Apartment (PA) APN: 317-480-10 and 13." Motion carried 4-1 with Councilmember
Higginson voting "no."
CITY ATTORNEY ITEMS
10. City Attorney Eckis requested two Closed Sessions be held:
Conference with Legal Counsel - Existing Litigation
Government Code 54956.9 (a)
Craig v City of Poway
San Diego Superior Court Case No. 625859
Conference with Real Property Negotiator
Government Code 54956.8
Property: Midland Road, APNs 314-220-33, 34, 35
Negotiating Parties: James L. Bowersox on behalf of the
Poway Redevelopment Agency, Buyer
Old Poway Village, Seller
Under Negotiation: Price and Terms of Purchase
MAYOR AND CITY COUNCIL-INITIATED ITEMS
1 lA. Councilmember Emery requested and received Council concurrence to appoint Ann
Laux as his representative to the Parks and Recreation Committee. (701-09)
12.
Deputy Mayor Goldby thanked staff for the installation of new pedestrian crossing
lights with a countdown feature.
14.
Councilmember Rexford requested and received Council concurrence to appoint
Merrilee Boyack as her representative to the Parks and Recreation Committee.
(701-09)
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15.
Mayor Cafagna stated that he had provided a handout to Council of the RGEC
Subcommittee recommendations and requested placement on a future agenda for
discussion.
CLOSED SESSIONS
Mayor Cafagna called for Closed Sessions as requested by the City Attorney at 8:50 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 9:09 p.m. with all members present.
City Attorney Eckis gave a report out that on Item 10A, Council voted 5-0 to pay the
attorney fees. Upon motion by Councilmember Higginson and second by Councilmember
Emery, Mayor Cafagna adjourned the meeting at 9:10 p.m.
nne Pe~ple~, Ci~"~k '
City of Poway
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