CC 2001 11-27CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
NOVEMBER 27, 2001
The November 27, 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
Bob Krans
John Tenwolde
Javid Siminou
Patti Brindle
Jason Martin
Dennis Quillen
David Narevsky
Pamela Wilczak
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
Division Chief
Sheriff's Captain
City Engineer
City Planner
Senior Planner
Assistant Director of Public Works
Redevelopment Manager
Housing Program Manager
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Goldby led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
person were present wishing to speak:
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Cheryl Roddy, 17759 Valle Verde Road, thanked Council for their work with the Poway
Unified School District on the boundary issues.
Katie Roddy, Amber Richter and Maddie Nester, representing Poway Pop Warner
Cheerleaders, thanked Council for their work with the Poway Unified School Distdct on the
boundary issue and presented them each with a tray of homemade cookies.
Katie Chludzinski, 11706 Treadwell Drive, thanked Council for their work with the Poway
Unified School District on boundary issues and presented them each with a long stem red
rose.
Susan Conniry, 12061 Wildcat Canyon Road, thanked Council for their support of the
Coyote Youth Project at the Poway Unified School District.
Ken Gamble, 19510 Laurel Lane, Ramona, spoke regarding a vehicle purchase by a Darcy
Clemons at Perry Ford.
Mario Lopez, General Sales Manager of Perry Ford, responded regarding comments made
by Mr. Gamble.
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 October 29 to November 2, 2001,
and November 5 to 9, 2001. (401-10)
16.
Approval of Minutes - City Council
October 23, 2001 - Regular Meeting
October 30, 2001 - Regular Meeting
18. Approval of New Job Classification and Immediate Recruitment of a Non-Sworn
Position of Fire Prevention Specialist. (503-03)
19. Approval of a Consultant Agreement Between the City of Poway and Darnell &
Associates, Inc. for Inspection Services for Fiscal Year 2001-2002. (602-01 #1505)
20. Approval of Cost Sharing Agreement with the County of San Diego for Professional
Services and Permit Fees for Wet Weather Monitoring. (602-01 #1506)
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21. Acceptance of the Trail Fencing Capital Improvement Project (Phase II) from Harbor
Bay, Inc. (602-01 #1408)
22. Acceptance of Update on the City of Poway's Annual Report to the California
Integrated Waste Management Board. (1502-39)
23.
Approval of Agreement with Brady & Associates for Professional Design and
Construction Management Services for the Ammonia Feed System Improvement
Project. (602-01 #1507)
24. Approval of Additional Funding for the Hillside Village Development. (203-21)
Motion carried unanimously.
ITEM 1 (701-04)
ORDINANCE NO. 548/SECOND 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." Staff report by City Manager Bowersox. Council held first reading of this
ordinance on November 13, 2001, which 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 Emery, seconded by Deputy Mayor Goldby, to waive further
reading. Motion carried unanimously. Motion by Councilmember Emery, seconded by
Councilmember Higginson, to close the public and adopt Ordinance No. 548. Motion
carried 4-1 with Deputy Mayor Goldby voting "no."
ITEM 2 (701-04)
ORDINANCE NO. 549/SECOND 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. Council held first reading of this ordinance on November 13, 2001, which
would amend the Poway Municipal Code to incorporate by reference standards and
procedures regarding slope calculation.
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Motion by Councilmember Emery, seconded by Deputy Mayor Goldby, to waive further
reading. Motion carried unanimously. Motion by Councilmember Emery, seconded by
Councilmember Rexford to close the public hearing and adopt Ordinance No. 549. Motion
carried 4-1 with Deputy Mayor Goldby voting "no."
Mayor Cafagna requested Item 9, a companion item to Item 2 be heard at this time.
ITEM 9 (203-09)
SLOPE CALCULATION STANDARDS
Staff report by City Manager Bowersox. This Resolution was continued from the City
Council meeting of November 13, 2001. It is in conjunction with proposed Zoning
Ordinance Amendment 01-05, which would amend Section 17.08.170 A.3. of the Poway
Municipal Code to incorporate by reference standards and procedures regarding slope
calculation.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to adopt
Resolution No. 01-103, entitled, "A Resolution of the City Council of the City of Poway,
California, Approving Slope Calculation Standards and Procedures." Motion carried 4-1
with Deputy Mayor Goldby voting "no."
ITEM 3 (701-04)
ORDINANCE NO. 550/FIRST READING
GRADING/CLEARING VIOLATIONS
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 550, "An
Ordinance of the City of Poway, California, Adding Prohibitions and Penalties to Title 16 of
the Poway Municipal Code for Grading and Clearing Violations." Introduction by City
Manager Bowersox. Staff report by Development Services Director Fritz.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Deputy Mayor Goldby, to waive further
reading. Motion carried unanimously. Motion by Councilmember Emery, seconded by
Councilmember Higginson, to continue the public hearing to December 11, 2001 for
second reading and adoption. Motion carried 4-1 with Deputy Mayor Goldby voting "no."
ITEM 4 (203-08/203-14)
CONDITIONAL USE PERMIT 80-15M(2) MODIFIED
DEVELOPMENT REVIEW 01-09
APPLICANTS: T.E. MCNICOL
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Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff
report by Development Services Director Fritz. This is a request to modify the existing
CUP and DR Permit to remodel and expand the existing Sikh Foundation Temple located
at 12269 Oak Knoll Road by 392 square feet to 5,192 square feet, add a new 4,752
square-foot two-story multipurpose building and add a new 455 square-foot garage.
There was no one present wishing to speak.
Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to close the public
hearing and adopt Planning Resolution No. P-01-60, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving a Modification to Major (Conditional)
Use Permit 80-15M92), Approving Development Review 01-09 and Rescinding the
Decision to Approve Resolution P-01-19 Dated may 1, 2001 Assessor's Parcel Number
317-152-02." Motion carried unanimously.
ITEM 5 (203-13/401-13/1002-01 R)
ENVIRONMENTAL ASSESSMENT
APPROPRIATION OF FUNDS
LAND ACQUISITION - 2.44 ACRES - MIDLAND RD.
OLD POWAY VILLAGE, LLC
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. The
Poway Redevelopment Agency was contacted by Kevin McNamara, Managing Member of
Old Poway Village LLC, who indicated that several of their parcels in the Old Poway Park
area were available for sale. The property is zoned Commercial General and totals
approximately 2.44 acres (106,200 square feet). The purchase price is $405,000 for the
parcels located on the east side of Midland Road and $12 per square foot for the parcels
located on the west side of Midland Road. The east properties total 76,500 square feet x
$12 per square foot equals $918,000. An appraisal and analysis is on file that justifies the
purchase price.
There was no one present wishing to speak.
Motion by Deputy Mayor Goldby, seconded by Councilmember Rexford, to close the public
hearing, appropriate $1,450,000 for the property purchase and authorize the City Manager
to execute and sign a purchase and sale agreement in a form approved by the City
Attorney. Motion carried unanimously.
ITEM 6 (203-10/203-04)
VARIANCE 01-01
MINOR DEVELOPMENT REVIEW 01-08
APPLICANTS: SANDY AND ERNEST JENSEN
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Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is
a request to construct a 2,680 square-foot, two-story, single-family residence and an
attached 812 square-foot garage on a vacant 1.33 acre property at 13814 Belvedere Drive.
A variance is requested to allow a 25 foot front yard setback when a 40 foot front yard
setback is required and to allow a series of three retaining walls on both sides of the
proposed residence when a maximum of two retaining walls are allowed. Development
Services Director Fritz responded to questions of the Council.
There was no one present wishing to speak.
Motion by Mayor Cafagna, seconded by Deputy Mayor Goldby, to close the public headng
and adopt Planning Resolution No. P-01-61, entitled, "A Resolution of the City Council of
the City of Poway, California, Approving Variance 01-01 and Minor Development Review
01-08 AssessoFs Parcel Number 323-010-16." Motion carried 3-2 with Councilmembers
Emery and Rexford voting "no."
ITEM 7 (203-13/203-10)
ENVIRONMENTAL ASSESSMENT
MINOR DEVELOPMENT REVIEW 01-60
APPLICANTS: DREW PETERSON & SHAWNEE WOOD
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to construct a 2,287 square-foot, single-family residence on a vacant lot
located in the 14800 block of High Valley Road.
There was no one present wishing to speak.
Motion by Deputy Mayor Goldby, seconded by Mayor Cafagna, to close the public hearing,
approve the Mitigated Negative Declaration and adopt Planning Resolution No. P-01-62,
entitled, "A Resolution of the City Council of the City of Poway, Califomia Approving MDRA
01-60 Assesso(s Parcel Number 321-100-25." Motion carried unanimously.
ITEM 8 (203-13/203-11 )
ENVIRONMENTAL ASSESSMENT
GENERAL PLAN AMENDMENT 01-03
APPLICANT: CITY OF POWAY
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is
an amendment to the text of the Poway General Plan to allow fire stations in Rural
Residential and Open Space zones to be built on property having natural slopes in excess
of 10 percent. Approval of the amendment is conditioned upon voter approval as required
by Proposition FF adopted in 1988.
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There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Deputy Mayor Goldby, to close the public
hearing and adopt Resolution No. 01-102, entitled, "A Resolution of the City Council of the
City of Poway, California, Amending the General Plan to Allow Fire Stations on Property
Having a Natural Slope in Excess of 10 Percent GPA 01-03." Motion carried unanimously.
Mayor Cafagna requested Item 10 be heard at this time as it is a companion item to Item 8.
ITEM 10 (702-02)
SPECIAL ELECTION
MARCH 5, 2002 BALLOT
MEASURE
FIRE STATIONS ON SLOPES IN EXCESS OF TEN PERCENT
Staff report by City Manager Bowersox. On November 13, 2001, Council directed staff to
prepare the documents necessary to call a special election for the purpose of submitting to
the voters a measure to amend the General Plan to allow fire stations to be built on
property having a natural slope in excess of ten percent.
Motion by Councilmember Emery, seconded by Deputy Mayor Goldby, to adopt Resolution
Nos. 01-104, entitled, "A Resolution of the City Council of the City of Poway, California,
Calling and Giving Notice of the Holding of a Special Municipal Election to be held on
Tuesday, March 5, 2002, for the Submission to the Voters a Question Relating to
Amending the General Plan to Allow Fire Stations on Property Having a Natural Slope in
Excess of Ten Percent," Resolution No. 01-105, entitled, "A Resolution of the City Council
of the City of Poway, California, Requesting the Board of Supervisors of San Diego County
to Consolidate a Special Municipal Election to be Held on March 5, 2002, with the
Statewide Primary Election to be Held on that Date Pursuant to Section 10403 of the
Elections Code," Resolution No. 01-016, entitled, "A Resolution of the City Council of the
City of Poway, California Authorizing the Filing of Written Arguments Regarding a City
Measure and Directing the City Attorney to Prepare an Impartial Analysis," Resolution No.
01-107, entitled, "A Resolution of the City Council of the City of Poway, California,
Providing for the Filing of Rebuttal Arguments for a City Measure Submitted at a Municipal
Election," and Resolution No. 01-108, entitled, "A Resolution of the City Council of the City
of Poway, California, Submitting to the Qualified Electors of the City, a Measure Amending
the General Plan to Allow Fire Stations on Property Having a Natural Slope in Excess of
Ten Percent." Motion carried unanimously.
ITEM 11 (203-21)
UPDATE
SCRIPPS TRIDENT PLAZA (SPA 84-01KK)
(TPM 97-08, CUP 97-08, CUP 97-09, DR 97-34)
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Staff report by City Manager Bowersox. At their meeting of September 18, 2001, Council
directed staff to report back on the status of code compliance issues involving Scripps
Trident Plaza. On-going compliance issues relate primarilyto landscaping and signage. At
the time of the writing of the staff report, nearly all of the issues had been resolved. The
only remaining issues are the landscaping on the slope behind Scripps Trident Plaza and
revegetation of a lot within Rolling Hills Estates. Development Services Director Fritz
provided an update to the report and responded to questions of the Council.
The following person was present wishing to speak:
Doug Brown, 11769 Treadwell Drive, spoke in support of staff recommendation.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to receive and
file the report. Motion carried unanimously.
Mayor Cafagna left the Council Chambers.
ITEM 12 (504-05)
PUBLIC WORKS REORGANIZATION
PHASE III
MAINTENANCE OPERATIONS
Staff report by City Manager Bowersox. This is Phase III of a reorganization plan for the
Public Works Department. In order to improve the efficiency of the City's maintenance
operations functions, staff recommends a change in the Shop Clerk position from part-time
to full-time, the addition of a Facilities Maintenance Technician, and approval of a new
Parks Maintenance Coordinator.
Motion by Councilmember Higginson, seconded by Councilmember Emery, to adopt staff
recommendation. Motion carried 4-0 with Mayor Cafagna absent.
ITEM 13 (1180-05)
STATUS REPORT
DOMESTIC VIOLENCE COUNSELING PROGRAM
Staff report by City Manager Bowersox. In January 1997, Council approved the initiation
and funding of two distinct family service programs and a staff development workshop
provided through For Parents' and Kids' Sake. This report provides an overview of the
implementation of the programs and recommends continued funding.
No objection as filed.
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Mayor Cafagna returned to the Council Chambers.
ITEM 14 (1503-02)
UPDATE
SANDAG2020 GROVVTH FORECAST
Staff report by City Manager Bowersox. Council was scheduled to review the SANDAG's
Region 2020 Smart Growth Program on November 13, 2001. The item was continued to
this evening to allow staff time to respond to Council questions. The staff report outlined
SAN DAG's Smart Growth principles and how Poway has, or proposes to, implement these
principals. A Poway resolution adopting the Smart Growth principles was attached for
Council consideration.
Motion by Councilmember Emery, seconded by Deputy Mayor Goldby, to adopt Resolution
No. 01-109, entitled, "A Resolution of the City Council of the City of Poway, California,
Supporting Region2020 Smart Growth in the San Diego Region. Motion carried
unanimously.
ClTY MANAGERITEMS
25. City Manager Bowersox stated he would yield to Councilmember Emery's item.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
27A.
Councilmember Emery requested and received Council concurrence to have staff
review the City ordinance regarding restaurants being allowed to barbecue
outdoors.
27B.
Councilmember Emery requested and received Council concurrence to direct staff
to explore the possibilities of establishing an Adopt-A-School Program for Valley
School.
27C. Councilmember Emery provided an update on the City Council and Poway Unified
School District Joint Subcommittee meetings.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:15 p.m. upon motion by Councilmember
Higginson, seconded by Councilmember Emery.
City of Poway
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