CC 2001 07-31CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JULY 31, 2001
The July 31,2001, 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
Deborah Johnson
Mark Sanchez
John Tenwolde
Javid Siminou
Patti Brindle
Jim Nessel
Jim Lyon
Kris Gridley
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
Deputy Director of Public Works
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
City Engineer
City Planner
Senior Planner
Assistant Planner
Redevelopment Project Administrator
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Boy Scout Troop #625 Presented the Colors and led the Pledge of Allegiance.
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PROCLAMATION
Mayor Cafagna presented a Proclamation declaring the month of August 2001 as
"Children's Vision and Learning Month" to Lyna Dyson from Dr. Janiuk's Office.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
people were present wishing to speak:
Tom Stahl, 13199 Triumph Drive, thanked the Council and staff for their support of scouting
programs.
David Kern, 14694 High Valley Road, expressed concerns with the waterline contractor.
Jan and Michael Parsons, 12910 Cree Drive, expressed concerns with a proposed granny
fiat on the property below theirs which will potentially block their view and decrease their
property value.
CONSENT CALENDAR
Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to approve the
Consent Calendar as follows:
15. Ratification of Warrant Register for the Periods of July 2-6 and 9-13, 2001. (401-10)
16.
Approval of Minutes - City Council July 10, 2001 - Regular Meeting
July 12, 2001 - Canceled Adjourned Regular Meeting
18.
Approval of Third Amended Agreement Between the County of San Diego and the
City of Poway for the Provision of Animal Control Services. (602-01 #90)
19.
Approval of Agreement to Maintain and Operate the City of Poway's Trolley Bus,
Between the City of Poway and Laidlaw Transit Services and appropriation of
$5,000. (602-01 #1496)
20.
Award of Bid for the Community Park Renovation Project to C.D.M. Construction,
Inc./Messner Engineering in the amount of $172,077.80. (602-01 #1497)
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21. Rejection of Claim Against the City - Margarita L. Krafton.
(704-13)
21.1
Approval of Positions on Pending Legislation: Support SCA 5 - Local
Government: Special Taxes: Transportation; SCA 6- Transportation Funding; AB
86 - Local Law Enforcement Funding and Oppose SB 90 - Public Employees'
Retirement: Local Safety Member Benefits. (701-11)
21.2 Adoption of Resolution No. 01-066 - Commending Eagle Scout Riley C. Plumb.
(701-17)
Motion carried 4-0 with Councilmember Higginson absent.
ITEM 1 (701-04)
ORDINANCE NO. 542/SECOND READING
DECORUM AT CITY COUNCIL MEETINGS
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 542, "An
Ordinance of the City of Poway, California, Amending Chapter 2.18 of the Poway
Municipal Code Concerning Decorum at City Council Meetings." Introduction by City
Manager Bowersox. The proposed ordinance would clarify that civil conduct is expected
at City Council meetings, and that if a participant's conduct disrupts the meeting, the
participant may be removed from the podium, or if necessary to maintain order, from the
meeting room.
There was no one present wishing to speak.
Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to close the public
hearing, waive further reading and adopt Ordinance No. 542. Motion carried 4-0 on a roll
call vote with Councilmember Higginson absent.
ITEM 2 (701-04)
ORDINANCE NO. 543/SECOND READING
WATER SERVICE CHARGES AND RATES
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 543, "An
Ordinance of the City of Poway, California, Amending Chapter 13.11.010, Schedule of
Water Service Charges and Establishing Water Rates." Staff report by City Manager
Bowersox. This ordinance maintains the current water use per unit charge at $1.766 per
unit and adjusts basic water service charges and pumping charges through December
2002. The current charges for water pumping will be increased from their current levels
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effective the first full billing cycle after July 1,2001, and will reflect actual energy costs to
the City no more frequently than once bi-monthly. The current water service charges are
proposed to be adjusted in accordance with the ordinance establishing water rates and
service charges, effective the first full billing cycle after July 1,2001.
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Councilmember Emery, to close the
public hearing, waive further reading and adopt Ordinance No. 543. Motion carried 4-0 on
a roll call vote with Councilmember Higginson absent.
ITEM 3 (701-04)
ORDIANCE NO. 544/SECOND READING
SEWER SERVICE CHARGES AND RATES
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 544, "An
Ordinance of the City of Poway, California, Amending Chapter 13.03.010, Schedule of
Sewer Service Charges and Establishing Sewer Rates." Staff report by City Manager
Bowersox. The ordinance increases sewer rates effective the first full billing cycle after
July 1, 2001, by an average of 4% plus $1 per month replacement reserve charge for
single-family residential customers, and is variable to 7% for non-single family residential
customer service classes.
There was no one present wishing to speak.
Motion by Deputy Mayor Goldby, seconded by Councilmember Rexford, to close the public
hearing, waive further reading and adopt Ordinance No. 544. Motion carried 4-0 on a roll
call vote with Councilmember Higginson absent.
ITEM 4 (401-27)
FIRE PROTECTION/STREET IMPROVEMENT
TAX ROLL FOR FY 2001-2002
ITEM 5
COMMUNITY FACILITIES DISTRICT NO. 88-1
FY 2001-02 SPECIAL TAX RATE
ITEM 6
COMMUNITY FACILITIES DISTRICT NO. 1
FY 2001-02 SPECIAL TAX RATE
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ITEM 7
WEED AND NUISANCE ABATEMENT
TAX ROLL FOR FY 2001-02
Mayor Cafagna opened the public hearings. Staff report by City Manager Bowersox.
Annually, the City collects various taxes, fees, charges, and assessments on the tax rolls
by following the procedures set up for such collections by the County. Item 4 is to set the
assessment for fire protection in Assessment District 96-1 (High Valley Roads) and the
neighborhood loan projects including Creek Road/Stage Stop Drive sewer improvements;
Joshua Tree Court street improvements; Cobblestone Creek bridge and street
improvements; Golden Way sewer; Budwin Lane street improvements; Old Espola Road
sewer and Ann-O-Reno Lane street improvements.
Item 5 sets the special tax for South Poway Community Facilities District No. 88-1 which is
the Parkway Business Centre. Item 6 sets the special tax for South Poway Community
Facilities District No. 1 which is the Pomerado Business Park and Item 7 sets the charges
from weed and nuisance abatement done by the City's contractor.
There was no one present wishing to speak on any of the Items, 4 through 7.
Motion by Deputy Mayor Goldby, seconded by Councilmember Rex'ford, to close the public
hearing and adopt Resolution No. 01-067, entitled, "A Resolution of the City Council of the
City of Poway, California, Establishing the Fire Protection Tax, the Street and Water and
Sewer Assessments, and the Road Improvement Assessments to be Collected on the
Property Tax Roll for Fiscal Year 2001-2002." Motion carried 4-0 with Councilmember
Higginson absent.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the
public hearing and adopt Resolution No. 01-068, entitled, '% Resolution of the City Council
of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied
on Property within the South Poway Community Facilities District No. 1 for Fiscal Year
2001-2002." Motion carried 4-0 with Councilmember Higginson absent.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the
public hearing and adopt Resolution No. 01-069, entitled, "A Resolution of the City Council
of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied
on Property within the Community Facilities District No. 88-1 (Parkway Business Centre)
for Fiscal Year 2001-2002." Motion carried 4-0 with Councilmember Higginson absent.
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Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to close the public
hearing and adopt Resolution No. 01-070, entitled, "A Resolution of the City Council of the
City of Poway, California, Approving the Report Prepared for the Collection of Weed and
Nuisance Abatement Charges on the County Tax Assessor's Roll for Fiscal Year 2001-
2002." Motion carried 4-0 with Councilmember Higginson absent.
ITEM 8 (203-08/203-14)
ENVIRONMENTAL ASSESSMENT
CONDITIONAL USE PERMIT 84-16M(2)
DEVELOPMENT REVIEW 01-04
BOYS AND GIRLS CLUB OF INLAND NORTH COUNTY
APPLICANT: CITY OF POWAY
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox.
Section 17.23.020 of the Poway Municipal Code requires the approval ora Conditional Use
Permit for the construction of public or private recreational facilities in the Open Space-
Recreation zone. Development Services Director Fritz provided an overview of the staff
report and responded to questions of the Council. The proposed application requests a
second modification of CUP 84-16 to permit the construction of a 20,253-square-foot Boys
& Girls Club in the Poway Community park, which would include an 8,780-square-foot
gymnasium, an 8,094-square-foot clubhouse, a 1,975-square-foot classroom, and a 1,404-
square-foot (28-child) day care facility. Additionally, the current 66-space parking lot will be
increased to 127 spaces. The property is located at the southern terminus of Bowron
Road within the Poway Community Park.
The following people were present wishing to speak:
Clark Moskop, 12903 Creek Park, spoke in opposition.
Robert McQuead, 239 S. Maple Street, Escondido, Project Architect, spoke in support.
Danny Sherlock, 12320 Meadowbrook Lane, Chairman of the Boys & Girls Clubs United,
spoke in support and responded to questions of the Council.
Jay Mehlman, 12911 Creek Park Drive, spoke in opposition.
Phyllis Mehlman, 12911 Creek Park Drive, spoke in opposition.
Kelly Hutchinson, 11225 Beeler Canyon, spoke in support.
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Motion by Councilmember Emery, seconded by Mayor Cafagna, to close the public
hearing, issue Negative Declaration and adopt Planning Resolution No. P-01-37, entitled,
"A Resolution of the City Council of the City of Poway, California Approving a Modification
to Conditional Use Permit 84-16M(2) and Development Review 01-04, Assessor's Parcel
Numbers: 317-471-13 and 317-472-13." Motion carried 4-0 with Councilmember Higginson
absent. Staff to monitor impacts on the surrounding neighborhood.
ITEM 9 (203-08/203-14)
CONDITIONAL USE PERMIT 87-03M(2)
DEVELOPMENT REVIEW 00-12
APPLICANT: JIM THAYER
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff
report by Development Services Director Fritz. This is a request for a modification to a
Conditional Use Permit and a Development Review Permit to allow an expansion of the
Living Way Church and Preschool. Phase 1 is an 11,735-square-foot sanctuary with 402
seats. Phase 2 is a 3,552-square-foot (302 seat) balcony addition in the sanctuary, and a
6,460-square-foot classroom addition to the assembly building at 13609 Twin Peaks Road.
APNs: 314-192-70 and 314-192-72.
The following person was present wishing to speak:
Jim Thayer, 26491 Merienda, Laguna Hills, architect for the church, spoke in support.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the
public hearing and adopt Planning Resolution No. P-01-38, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Conditional Use Permit 87-03M(2),
Approving Development Review 00-12, and Rescinding Resolution Nos. P-87-32 and P-96-
72 Assessor's Parcel Numbers 314-192-70 and 314-192-72." Motion carried 4-0 with
Councilmember Higginson absent.
ITEM 10 (203-01)
NOTICE OF INTENT
DRAFT ENVIRONMENTAL IMPACT REPORT
NOTICE OF PREPARATION
PROPOSED TENTATIVE TRACT MAP 00-02
HIDDEN VALLEY RANCH
APPLICANT: ED MALONE
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. The
applicant has filed a development application (proposed TTM 00-02) and other related
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applications for APNs: 277-070-33 (194.95 acres); 277-080-03 (200.00 acres); and 277-
080-22 (20.00 acres). Staff has determined that the completion of an EIR is necessary to
address the potential significant impacts of the proposed project. The purpose of this
public scoping hearing is to obtain public input on the scope and content of the project EIR.
It is recommend that Council conduct the public scoping hearing and direct staff to
complete the EIR process for the proposed project and all related project applications.
The following person was present wishing to speak:
Becky Lindsay, 16718 Avenida Florencia, representing the Green Valley Civic Association
expressed the Associations' concerns should the avocado trees cease to be farmed in the
future.
Motion by Deputy Mayor Goldby, seconded by Mayor Cafagna, to close the public hearing
and direct staff to complete the EIR process. Motion carried 4-0 with Councilmember
Higginson absent.
ITEM 11 (203-02)
TENTATIVE PARCEL MAP 01-02
APPLICANT: DON MECHLING
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is
a request for approval of a Tentative Parcel Map to subdivide an 8.7-acre parcel into two
parcels, one of 4.5 acres and one of 4.2 acres. The subject site is located south of Millards
Ranch Lane, west of Dos Amigos Way. The map would replace a previously approved,
identical Tentative Parcel Map for the site (TPM 98-10, approved on September 15, 1998)
which has since expired. The site has already been graded in reliance on the TPM 98-10
approval. In addition, one house is nearing completion on one of the lots.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the
public hearing and adopt Planning Resolution No. P-01-39, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Tentative Parcel Map TPM 01-02
and Rescinding Resolution No. P-98-51 Assessor's parcel Number 321-271-34." Motion
carried 4-0 with Councilmember Higginson absent.
ITEM 12 (704-10)
STATUS REPORT
ILLEGAL ENCAMPMENTS
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Staff report by City Manager Bowersox. Staff provides the Council with quarterly reports
on the status of illegal encampment activities within the City. This report represents
information from the second quarter; covedng April through June, 2001. Staff recommends
the report be received and filed.
No objection as filed. Councilmember Higginson absent.
ITEM 13 (401-30R)
FISCAL YEAR 2000-2001
GRANT RECOMMENDATIONS
REDEVELOPMENT AGENCY
NONPROFIT CAPACITY BUILDING FUND
Staff report by City Manager Bowersox. Commencing in FY 2000-01, the Redevelopment
Agency has deposited 2 percent of its tax increment funds to be disbursed to nonprofit
organizations during the life of the Redevelopment Plan as part of the Settlement for the
Smith cases. Staff is recommending that for an initial funding cycle of three years, these
funds be allocated to the three nonprofit housing development corporations that currently
have a presence in Poway and proposes specific three year funding commitments for each
organization.
The following person was present wishing to speak:
Tom Scott, 13038 Creek Park Drive, representing Community Housing of North County,
thanked the Agency for their support.
Motion by Deputy Mayor Goldby, seconded by Councilmember Rexford, to appropriate
$447,450 to be disbursed to Community Housing of North County, San Diego Interfaith
Housing Foundation and Wakeland Housing and Development. Motion carried 4-0 with
Councilmember Higginson absent.
ITEM 14 (705-16)
ASSESSMENT DISTRICT
OLD COACH WATER LINE
Staff report by City Manager Bowersox. This is a request for consideration of the adoption
of Resolutions regarding the Old Coach Water Line Assessment District. The first
resolution has been amended since the production of the Agenda to include the authority
to levy and collect the Assessments using the County Property Tax Collector. Additionally,
the report and resolutions refer to the Assessment District in numerous places as District
2000-1 and should be 2001-1. These corrections will be made prior to processing.
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Motion by Councilmember Emery, seconded by Councilmember Rexford to adopt
Resolution No. 01-071, entitled, "A Resolution of the City Council of the City of Poway,
California Determining Unpaid Assessments in Assessment District No. 2001-1 (Old Coach
Road Waterline Project)," Resolution No. 01-072, entitled, "A Resolution of the City Council
of the City of Poway Authorizing and Providing for the Issuance of a Bond Act of 1915 for
Assessment District No. 2001-1 (Old Coach Road Waterline Project) and Approving
Certain Documents and Authorizing Certain Actions in Connection Therewith," and
Resolution No. 01-073, entitled, "A Resolution of the City Council of the City of Poway,
California, Approving the Purchase of the City's Bond, Issue of 2001, and Making Certain
Determinations Relating Thereto." Motion carried 4-0 with Councilmember Higginson
absent.
ITEM 14.1 (203-21)
INITIATION
SPECIFIC PLAN AMENDMENT 84-01BBB
SOUTH POWAY SPECIFIC PLAN
Staff report by City Manager Bowersox. This is a request to initiate a Specific Plan
Amendment to modify the South Poway Specific Plan to cul-de-sac Creek Road at the
southern City limits.
The following people were present wishing to speak in support of the proposed
amendment:
Mary Adams, 11125 Beeler Canyon Road
Carol Funk, 11319 Creek Road
Kelly Hutchinson, 11225 Beeler Canyon Road
Linda Smith, 11055 Beeler Canyon Road
Tim Smith 11055 Beeler Canyon Road
Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to adopt Resolution
No. 01-074, entitled, '% Resolution of the City Council of the City of Poway, California,
Initiating a Specific Plan Amendment (SPA 84-01 BBB) to the South Poway Specific Plan to
cul-de-sac Creek Road at the Southern City Limits." Motion carried 4-0 with
Councilmember Higginson absent.
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CITY ATTORNEY ITEMS
23. City Attorney Eckis requested the following Closed Sessions be held:
Conference with Legal Counsel - Threatened Litigation
Discussion on whether or not to initiate litigation
Government Code §54956.9(c)
Number of potential cases: 1
Conference with Real Property Negotiator
Government Code § 54956.8
Property: 12237 Old Pomerado Road
APNs: 317-232-22, 36 and 39
Negotiating parties: James L. Bowersox, Executive Director on behalf of
the Poway Redevelopment Agency, Buyer
Humam Shihadeh, Seller
Under Negotiations: Price and Terms
C. Conference with Real Property Negotiator
Government Code § 54956.8
Property: Lot 22 of Parkway Business Centre, Phase 2 (Northeast corner of
Scripps Poway Pkwy and Stowe)
Negotiating parties: James L. Bowersox, Executive Director on behalf of
the Poway Redevelopment Agency, Buyer
Mike Binkle for Parkway Development LLC., Seller
Under Negotiations: Price and Terms
MAYOR AND CITY COUNCIL-INITIATED ITEMS
24A.
Councilmember Emery requested Council support for the implementation of a
"Voluntary Contribution Check-Off Program" via the adoption of a Resolution. This
program, created by the Action for Better Cities (established by the Board of
Directors of the League of California Cities), provides a mechanism for payroll
deductions for elected officials and municipal employees to be used for education
campaigns, candidate forums, training seminars and possibly political campaigns to
protect remaining City revenue, strengthen local control and stop unfounded
mandates. (1503-22)
Motion by Councilmember Emery, seconded by Deputy Mayor Goldby, to adopt
Resolution No. 01-075, entitled, "A Resolution of the City Council of the City of
Poway, California, Establishing a Voluntary Contribution Check-Off Program."
Motion carried 4-0 with Councilmember Higginson absent. 7317
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27A.
Councilmember Rexford noted that the County Board of Supervisors had decided to
eliminate permit fees for a photovoltaic system and to streamline the permitting
process to make it easier for people to transition to solar power.
The City of Poway has issued approximately 10 building permits for solar heating or
photovoltaic systems in the last year. The review is generally completed over the
counter or within a few days for complex systems. The building permit fee is
calculated by Esgil based on the 1995-96 evaluation multipliers established by the
local ICBO chapter for solar collectors. The range of building permit fees is $120-
250 for the system.
The City of Poway contracts for building inspection services with Esgil Corporation.
The contract for services is based on a 75/25 percent share of building permit
revenues.
General discussion ensued with consensus that the other citizens should not
subsidize the 75% of the fee paid for the Esgil services, but the 25% of the fee that
the City would receive could be waived.
28A. Mayor Cafagna provided an update on the Regional Government Efficiency
Commission. (1503-46)
Council consensus was for the City to take an official position in opposition to the
formation of REGC and join any other cities in lobbying in opposition.
Motion by Councilmember Emery, seconded by Mayor Cafagna, to adopt
Resolution No. 01-076, entitled, "A Resolution of the City Council of the City of
Poway, California Opposing the Regional Government Efficiency Commission
Recommendation to Create a New Regional Government in San Diego County."
Motion carried 4-0 with Councilmember Higginson absent.
CLOSED SESSION
Mayor Cafagna called for Closed Sessions as requested by City Attorney at 9:05 p.m.
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CALL TO ORDER AND ADJOURNMENT
Mayor Goldby called the meeting back to order at 10:04 p.m., with all members present
except Councilmember Higginson. Upon motion by Councilmember Emery and second by
Deputy Mayor Goldby, Mayor Cafagna adjourned the meeting at 10:05p.m.
Lori)Anne 1So'pies City-C~'rl~ -
City of Poway
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