CC 2001 09-04CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
SEPTEMBER 4, 2001
The September 4, 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
Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
COUNCILMEMBERS ABSENT AT ROLL CALL
Bob Emery
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Lori Anne Peoples
Steve Eckis
Warren Shafer
Robert Clark
Jim Howell
Mark Sanchez
Deborah Johnson
Leonard Zuniga
Brad Kutzner
Patti Brindle
Jennifer Johnson
City Manager
Deputy City Manager
City Clerk
City Attorney
Director of Administrative Services
Director of Community Services
Director of Public Works
Director of Safety Services
Director of Redevelopment Services
Sheriff's Lieutenant
Senior Civil Engineer
City Planner
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Goldby led the Pledge.
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 noted a correction to Consent Calendar Item No. 8, page 6 of 6 Exhibit C,
had the addition of item 1J: Capital Outlay Rental - Office Equipment $2,700 for an
amended Total FY 01-02 Cost to the City of $263,020. Also Item 9 was amended to allow for
the construction of the minimum 6-foot-high, privacy wall/fence for the adjacent property
owner to the north to be constructed after site grading of the building pad rather than
occupancy of the residence. Motion by Deputy Mayor Goldby, seconded by Councilmember
Rexford, to approve the Consent Calendar as follows:
3. Ratification of Warrant Register for the Period of August 13-17, 2001. (401-10)
Approval of Minutes - City Council
August 14, 2001 - Regular Meeting
August 21,2001 - Canceled Regular Meeting
Confirmation of Ann Mitchell as Chairperson to the Community Fine Arts Advisory
Committee. (701-09)
Adoption of Planning Resolution No. P- 01-44 -Approval of Temporary Use Permit
01-61, Annual Poway Days Events from Friday, September I through Sunday,
September 30, 2001, Poway Chamber of Commerce and Greg Sundberg, City of
Poway Community Services, Applicants. (203-07)
Approval of Fiscal Year 2001-2002 Exhibits B and C to the Poway Community
Library Services Agreement Between the City of Poway and the County of San
Diego. (602-01 #1249)
o
Adoption of Planning Resolution No. P-01-45 - Approving Minor Development
Review 00-82, Vision Homes, Applicant: A request to construct a 4,243-square-
foot, single-story residence on property located at 14038 Lake Poway Road.
(203-10)
10.
Approval of Release of Grading Bond No. SD00013805 in the amount of $306,600
and Bond No. SD00013808 which includes a Performance Bond in the amount of
$388,000 and a Payment Bond in the amount of $194,000 for TopMark, TTM 98-06;
Stephen Delaney, TM4 Associates, LLC, Applicant. APNs 314-830-01 through 26.
(203-01/602-01 #1367)
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11.
Approval of Release of Bond No. 00-191-561 which includes a Performance Bond in
the amount of $1,391,300 and a Payment Bond in the amount of $695,560 for
Rolling Hills Estates, TTM 88-04R(2), Marcia Goodman, Shea Homes, Applicant.
APNs 320-210-01 through 20,320-211-01 through 18,320-212-01 through 19 and
320-213-01. (203-01/602-01 #1236)
12.
Approval of Release of Grading Bond No. 172 18 97 in the amount of $121,520 and
cash security in the amount of $30,380 for Parkway Centre Five, TPM 97-13, Don
Mitchell, Parkway Centre Five Investors, LLC, Applicant. APN 323-481-10.
(203-02)
13.
Acceptance of Improvements and Approval of Release of Bond No. 149 26 65A in
the amount of $268,290 for Parkway Business Centre, TTM 87-13R2, Don Mitchell,
McMillin 4S Business Park Inc., Applicant. APNs 323-480-03 through 15,323-481-
02 through 15, 323-482-12, 18 and 20, 323-490-01 through 05, 323-491-03 and
323-500-01 through 10. (203-01)
14.
Approval of Release of Grading Bond No. 17-62-26/111 4156 7211 in the amount of
$1,162,610, Permit Bond No. 184221 in the amount of $294,255 and Bond No. 17-
62-25/111 4156 7203 which consists of a Performance Bond in the amount of
$2,146,839.64 and a Payment Bond in the amount of $1,073,419.82 for Rolling Hills
Estates, TTM 88-04R(1), Marcia Goodman, Shea Homes, Applicant. APNs 320-
200-01 through 51 and 320-201-01 through 23. (203-01/602-01 #1177)
Motion carried 4-0 with Councilmember Emery absent.
ITEM 1 (203-02)
TENTATIVE PARCEL MAP 01-01
APPLICANT: ROSS RIZZO
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to subdivide the 12.9-acre Bernardo Winery property located at 13330 Paseo
Del Verano into two lots consisting of a 1.59-acre vacant parcel on which a future
residence will be constructed and an 11.31-acre parcel which will encompass the
developed portion of the Bernardo Winery.
There was no one present wishing to speak.
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Motion by Councilmember Higginson, seconded by Councilmember Rexford, to close the
public hearing and adopt Planning Resolution No. P-01-46 entitled, "A Resolution of the
City Council of the City of Poway, California, Approving Tentative Pamel Map TPM 01-01
Assessor's Parcel Number 273-100-24." Motion carried 4-0 with Councilmember Emery
absent.
ITEM 2 (203-08)
CONDITIONAL USE PERMIT 01-06
ADULT DAY CARE FACILITY
CONDITIONAL USE PERMIT 01-07
PRESCHOOL/CHILD CARE FACILITY
APPLICANT: TIM MEISSNER
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is
a request for approval of two Conditional Use Permits to establish an adult day care and a
preschool/child care facility at 13172 Poway Road in the Poway Library Plaza.
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Deputy Mayor Goldby, to close the public
hearing and adopt Planning Resolution No. P-01-47 entitled "A Resolution of the City
Council of the City of Poway, California, Approving Conditional Use Permit 01-06
Assessor's Parcel Number 317-101-09, 10, and 31 ," and Planning Resolution No. P-01-48
entitled, "A Resolution of the City Council of the City of Poway, California, Approving
Conditional Use Permit 01-07 Assessor's Parcel Number 317-101-09, 10, and 31 ." Motion
carried 4-0 with Councilmember Emery absent.
ITEM 2.1 (203-03/203-041203-081203-11/203-14/203-24/701-04 #524)
LOS ARCOS (GATEWAY)
AFFORDABLE SENIOR HOUSING
APPLICANT: RETIREMENT HOUSING FOUNDATION (RHF)
Staff report by City Manager Bowersox. At the August 28, 2001 meeting Mayor Cafagna
requested a status report on development plans for the Los Amos affordable senior
apartments that are approved for the Affordable Housing Oveday site located on Gateway
Park Drive in north Poway. Since entering into the Disposition and Development
Agreement (DDA), Los Amos has made two consecutive attempts to secure an allocation
of the highly competitive 9% Federal Low Income Housing Tax Credits.
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Applications are still under review, however staff has acknowledged that competition is
particularly intense this year and if Los Arcos does not receive an allocation in the 2001
application cycle, future applications are likely to face even greater competition.
In the event Los Arcos does not receive an allocation of 9% Tax Credits this year, staff
anticipates recommending an alternative funding structure. This could include an
application for 4% Tax Credits, HOME funding from the County of San Diego, and a grant
from the Affordable Housing Program (AHP) of the Federal Home Loan Bank of San
Francisco.
Mayor Cafagna requested concurrence to have the Redevelopment Agency move forward
regardless of the tax credit as this project is greatly needed.
Motion by Mayor Cafagna, seconded by Councilmember Rexford, to direct the
Redevelopment Agency to move forward with the Los Amos (Gateway) project regardless
of the tax credit, and to bring back a report regarding the amount of subsidy that will be
needed. Motion carried 4-0 with Councilmember Emery absent.
CITY ATTORNEY ITEMS
16. City Attorney Eckis requested the following Closed Session be held:
A. Conference with Real Property Negotiator
Government Code §54956.8
Property: Lot 2 of Map No. 14230, Southside of Kirkham Way approximately
300 feet west of Stowe Drive
Negotiating parties: James L. Bowersox, Executive Director on behalf of the
Poway Redevelopment Agency, Buyer
Lloyd Wells, Seller
Under Negotiations: Price and Terms
City Attorney Eckis requested Council add an item to the Agenda regarding AB 93 - San
Diego Regional Airport Authority, as the need to take action arose after the posting of the
Agenda and requires Council input prior to the next Council meeting.
Motion by Mayor Cafagna, seconded by Councilmember Rexford to add the item as
requested by the City Attorney onto the Agenda for discussion. Motion carried 4-0 with
Councilmember Emery absent.
General discussion ensued with Council concurring in their opposition to the process taken.
Mayor Cafagna to work with the other Mayors on a course of action to take if necessary.
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MAYOR AND CITY COUNCIL-INITIATED ITEMS
21.
Mayor Cafagna congratulated Councilmember Rexford on her completion of the
League of California Cities Elected Officials Leadership Academy and noted that
she would be acknowledged at a special ceremony during the Annual Conference
on September 13 in Sacramento.
Mayor Cafagna then requested and received concurrence for the following pre-
development conferences to be held on Thursday, October 4, 2001:
A. Request for concurrence to hold a pre-development conference for Sprint for
construction of three flagpoles for the purpose of placement of antenna arrays at
14530 Espola Road, adjacent to the street on the Poway Soccer Field. (203-18)
B. Request for concurrence to hold a pre-development conference for Sprint for
construction of a church steeple for the placement of antennas at the Mt. Olive
Lutheran Church at 14280 Poway Road. (203-18)
C. Request for concurrence to hold a pre-development conference for Nextel for
placement of freestanding pole antennas at 15101 Mina Del Ore Road (Draper
residence) and associated equipment. (203-18)
D. Request for concurrence to hold a pre-development conference for Cingular for
placement of freestanding pole antennas within an avocado grove at 16363 Espola
Road (Larrick residence) and associated equipment. (203-18)
E. Request for concurrence to hold a pre-development conference for Pacific Bell
to construct 12-foot high noise attenuation/equipment screening panels which
when the building and screening panel heights are combined, will exceed the
maximum allowable height of 35 feet by 12 feet for a total height of 47 feet
(203-18)
CLOSED SESSION
Mayor Cafagna called for Closed Session as requested by the City Attorney at 7:56 p.m.
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CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 8:10 p.m., with all members present
except Councilmember Emery. Upon motion by Councilmember Higginson, and second by
Councilmember Rexford, Mayor Cafagna adjourned the meeting at 8:11 p.m.
Lori ~nne Peoples City Clerk -
City of Poway
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