CC 2001 11-13CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
NOVEMBER 13, 2001
The November 13, 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
Deborah Johnson
Mark Sanchez
John Tenwolde
Javid Siminou
Patti Brindle
Jim Bentz
Michael Putnam
Ingrid Alverde
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
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
City Engineer
City Planner
Community Services Manager
Performing Arts Center Manager
Economic Development Manager
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Goldby led the Pledge of Allegiance.
PRESENTATION
Council heard a brief update presentation regarding the 1-15 Managed Lanes and Bus
Rapid Transit Project by CalTrans Project Manager Larry Carr and MTDB Project
Manager Sandy Johnson.
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PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
person was present wishing to speak:
Bill Cross, 13105 Corona Way, representing the Weingart Senior Center, presented a
check in the amount of $475 gathered at the Center for the Always Remember 9-11 Fund.
CONSENT CALENDAR
Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to approve the
Consent Calendar as follows:
12. Ratification of Warrant Register for the periods of October 15-19 and October 22-26,
2001. (401-10)
13. Approval of Minutes - City Council
October 16, 2001 - Regular Meeting
15. Approval of City's Investment Report as of September 30, 2001.
(408-01 )
16. Approval of Second Time Extension of the Agreement with Kearny Scripps, LLC for
Contracting Services. (602-01 #1327)
17.
Acceptance of Improvements and Release of Securities for Old Coach Collection,
Tentative Tract Map 89-13, Phase 1, Units 1 and 2; Bond No. 3SM 887 787 00,
which includes Performance Bond in the amount of $2,589,300 a Payment Bond in
the amount of $1,294,650 and Bond No. 111 3330 591, which includes a
Performance Bond in the amount of $1,684,400 and Payment Bond in the amount of
$842,200. (602-01 #1209/602-01 #1154)
18.
Adoption of Resolution No. 01-099 - Approving a Ten-Year Extension of the
Abandoned Vehicle Abatement Authority Pursuant to Sections 9250.7 and 22710 of
the State Vehicle Code. (1301-09)
Motion carried unanimously.
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ITEM 1 (701-04)
ORDINANCE NO. 548/FIRST READING
CLAIMS AGAINST THE CITY
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 548, "An
Ordinance of the City of Poway, California, Adding Chapter 1.18 to Title 1 and Amending
Sections 3.08.060 and 3.16.120 of Title 3 of the Poway Municipal Code Relating to Claims
Against the City." Introduction by City Manager Bowersox. Staff report by City Attorney
Eckis. The proposed ordinance would subject all claims against the City to the same
claims procedure and a one-year statute of limitations as set forth in the Tort Claims Act.
There was no one present wishing to speak:
Motion by Councilmember Higginson, seconded by Councilmember Rexford, waive further
reading. Motion carried unanimously. Motion by Councilmember Higginson, seconded by
Councilmember Emery to continue the public hearing to November 27, 2001 for second
reading and adoption. Motion carried 4-1 with Deputy Mayor Goldby voting "no."
ITEM 2 (701-04)
ORDINANCE NO. 549/FIRST READING
SLOPE CALCULATIONS
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 549, "An
Ordinance of the City of Poway, California, Amending Section 17.08.170.A.3 of the Poway
Municipal Code Pertaining to Slope Calculation (ZOA 01-05)." Staff report by City Manager
Bowersox. The proposed ordinance would amend the Poway Municipal Code to
incorporate by reference standards and procedures regarding slope calculation.
The following people were present speaking in opposition to the proposed ordinance:
Ellen Bernee, P.O. Box 823, Poway
Mary Sanborn, 12119 Wilsey Way
Bruce Robertson, 2650 Jamacha Road, El Cajon
Motion by Councilmember Emery, seconded by Councilmember Higginson, waive further
reading. Motion carried unanimously. Motion by Councilmember Emery, seconded by
Councilmember Rexford to continue the public hearing to November 27, 2001 for second
reading and adoption. Motion carried 3-2 with Deputy Mayor Goldby and Mayor Cafagna
voting "no."
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ITEM 3 (203-21)
SPECIFIC PLAN AMENDMENT 84-01 CCC
APPLICANT: CITY OF POWAY
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is
a request to allow 3 stories within the existing 35-foot height limit for hotels or motels in the
South Poway Specific Plan Area.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the
public hearing and adopt Resolution No. 01-100, entitled, "A Resolution of the City Council
of the City of Poway, California, Approving a Specific Plan Amendment 84-01CCC to the
South Poway Specific Plan to Allow 3 Stories Within the Existing 35-Foot Height Limit for
Hotels or Motels in the South Poway Specific Plan Area." Motion carried unanimously.
ITEM 4 (203-24)
MINOR CONDITIONAL USE PERMIT 01-002
APPLICANTS: KRISTYN AND JEROMY BURNITZ
Mayor Cafagna opened the public hearing. This is a request to install tennis court lights at
an approved tennis court located at 18520 Old Coach Way. APN: 277-202-20.
There was no one present wishing to speak.
Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to close the
public hearing and adopt Planning Resolution No. P-01-101, entitled, "A Resolution of the
City Council of the City of Poway, California, Approving Minor Conditional Use Permit 01-
002 Assessor's Parcel Number 277-202-20." Motion carried unanimously.
ITEM 5 (705-16/402-05)
AMENDMENT
WATER LINE CONNECTION DEVELOPMENT FEES
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. On
June 5, 2001, Council established the Old Coach Road Water Line Project Development
Fee over the boundaries of Assessment District No. 2000-1. At the time the fee was
established, one property within the water line service area was not included. The purpose
of this report is to amend the Development Fee to include this property in the event it ever
connects into the water line so that the property owner will pay their fair share for the
construction of the waterline.
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There was no one present wishing to speak.
Motion by Deputy Mayor Goldby, seconded by Councilmember Rexford, to close the public
hearing and adopt Resolution No. 01-101, entitled, "A Resolution of the City Council of the
City of Poway, California, Amending the Old Coach Water Line Project Development Fee."
Motion carried unanimously.
ITEM 6 (203-08/203-10)
CONDITIONAL USE PERMIT 01-12
MINOR DEVELOPMENT REVIEW 01-80
APPLICANT/OWNER: POWAY-NIERMAN LP
Mayor Cafagna opened the public hearing. This is a request to establish a drive-through
Starbucks restaurant within an existing commercial building located within Pomerado Plaza
located at 12202 Poway Road in the Community Business Zone and Poway Road Specific
Plan. The proposal would add 108 square feet to the building, 150 square feet of outdoor
seating area and a drive-through lane.
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-01-59, entitled, "A Resolution of the
City Council of the City of Poway, California, Approving Conditional Use Permit 01-12, and
Minor Development Review Application 01-80, Assessor's Parcel Number 317-153-25."
Motion carried unanimously.
ITEM 8 (504-05)
REORGANIZATION
COMMUNITY SERVICES DEPARTMENT
COMMUNITY SERVICES MANAGER
CULTURAL SERVICES MANAGER
Staff report by City Manager Bowersox. Staff is requesting Council approve a
reorganization plan for the Community Services Department. The reorganization will
require a change in the job descriptions for the Community Services Manager and the
Performing Arts Manager. In addition, the title of Performing Arts Manager would be
changed to Cultural Services Manager.
Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to approve the staff
recommendation. Motion carried 4-1 with Councilmember Rexford voting "no."
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ITEM 9 (1503-02)
UPDATE
SANDAG REGION2020 GROWTH FORECAST
Mayor Cafagna noted that a request had been received to continue this item to the
November 27, 2001 meeting.
Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to continue this
item to the November 27, 2001 meeting.
ITEM 10 (202-01)
UPDATE
CITY COUNCIL GOALS AND OBJECTIVES
Staff report by City Manager Bowersox. On March 6, 2001, Council adopted goals for the
FY 2001-02 financial plan. This report contains a comprehensive listing of Goals and
Objectives as we begin the first half of FY 2001-02. New goals will be added in the Spring
of 2002. This is a receive and file report.
No objection as filed.
ITEM 11 (702-02)
SPECIAL ELECTION
MARCH 5, 2002 BALLOT
MEASURE
FIRE STATIONS ON SLOPES IN EXCESS OF TEN PERCENT
Staff report by City Manager Bowersox. In order to build the proposed Fire Station 3 at
the southwest corner of Ted Williams Parkway and Pomerado Road, the General Plan
would require an amendment to allow for fire stations to be built on property having a
natural slope in excess often percent. The City is under an obligation to place a General
Plan Amendment which requires voter approval pursuant to Proposition FF on the ballot.
The next available election at which this amendment could be considered would be March
5, 2002. This would be considered a Special Election in the City of Poway. Council
consideration of the General Plan Amendment and a Special Election will be heard on
November 27, 2001.
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The following people were present wishing to speak:
Louis Tooch, 14105 Powers Road, inquired as to where the fire station could be built if the
measure failed.
Ellen Bernee, P.O. Box 823, Poway, stated she wanted to write the argument against the
measure.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to direct staff
to prepare the language for a ballot measure for a special election on March 5, 2002, to
amend the General Plan. Motion carried unanimously.
CITY ATTORNEY ITEMS
20. City Attorney Eckis requested the following Closed Session be held:
A. Conference with Labor Negotiators per Government Code §54957.6
City/Agency Negotiator: James L. Bowersox, City Manager/
Executive Director
Organization Negotiators: Non-Safety Employees Teamsters Local 911
Poway Firefighters Association
City Attorney Eckis also announced that an agreement had been reached on
the A+ Auto site with Andrew Chandler for relocation of the business and good
will. The Superior Court trial date on the land value issue has been set for
January 2002.
CLOSED SESSION
Mayor Cafagna called for Closed Session as requested by City Attorney Eckis at 8:25 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 8:33 p.m. with all members present and
adjourned the meeting at 8:34 p.m. upon motion by Councilmember Rexford, seconded by
Councilmember Emery.
L~i/~nne Peoples City Clerk
City of Poway
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