CC 2002 01-08CITY OF POWAY, CALIFORNIA
MINUTES OF THE CiTY COUNCIL
REGULAR MEETING
JANUARY 8, 2002
The January 8, 2002, 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.
COUNCILMEMBERSPRESENT AT ROLLCALL
Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Loft Anne Peoples
Steve Eckis
Warren Shafer
Niall Fritz
Jim Howell
Deborah Johnson
Mark Sanchez
John Tenwolde
Javid Siminou
Patti Brindle
Dennis Quillen
Dan Cannon
Tracy Bohlen
Jennifer Johnson
City Manager
Deputy City Manager
City Clerk
City Attorney
Director of Administrative Services
Director of Development Services
Director of Public Works
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
City Engineer
City Planner
Assistant Director of Public Works
Public Works Operations Manager
Management Analyst
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PRESENTATIONS
Mayor Cafagna presented Garry MacPherson, Fire Division Chief, with a 25-year Service
Award; Antone "Bud" Oliveira, Construction Manager, with a 15-year Service Award and
Pamela Wilczak, Housing Programs Manager, with a 15-year Service Award.
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Mayor Cafagna presented Certificates of Appreciation to Past Committee Members:
Deanne Erickson, Parks & Recreation Committee; Jeff Schipper, Redevelopment &
Housing Advisory Committee; Paul Markowitz, Senior Issues Committee and Sean
Francis, Teen Issues Committee.
Mayor Cafagna then presented Councilmember Rexford with a plaque from the League of
California Cities for her completion of the "Elected Officials Leadership Academy."
Wal-Mart Assistant Store Manager, Steve Conrad and Community involvement
Coordinator Michelle Collins, presented the City Council with a $4,081 check for the
Skateboard Park Fundraiser.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. There was no
one present wishing to speak.
CONSENT CALENDAR
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to approve the
Consent Calendar as follows:
Ratification of Warrant Register for the Period November 12-16, 2001, November
19-23, 2001, November 26-30, 2001 and December 3-7, 2001. (401-10)
Approval of Minutes - City Council
November 27, 2001 - Regular Meeting
Adoption of Resolution No. F-02-01 - Waiving Annual Meeting of Public Financing
Authority. (405-00R)
10.
Approval of Report of Administrative Action Taken on City Council-Initiated and
Public Inquiry Items for the Period of September 1, 2001 through November 30,
2001. (701-10)
11. Award of Bid for the Poway Community Aquatic Center Renovation to ****
in the amount of ****. (Reject all bids). (601-03)
12.
Approval of Final Map for Tentative Parcel Map 01-02, Donald L. Mechling, Owner.
Property located south of Millards Ranch Lane and west of Dos Amigos Road.
APN: 321-271-34. (203-02)
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13.
Approval of a one-year time extension of the Standard Agreement for Construction
of Public Improvements for Tentative Parcel Map 98-14, located at Poway Road at
Highway 67, Joseph and Lisa Lucidi, Applicants. APN: 321-111-02 & 03.
(602-01 #1361 )
14. Adoption of Resolution No. 02-001 - Commending Eagle Scout Nicholas G. Bane.
(701-17)
15.
Approval of Release of Grading Bond No. 11141690484 in the amount of $195,120,
Performance and Payment Bond No. 11133477320 in the amount of $234,500 and
$117,250, respectively, Monument Performance Bond No. 11133477312 in the
amount of $3,500, and a Cash Security of $40,000 for Tentative Tract Map 98-01,
Patricia Bevil, Barratt American, Inc., Applicant. APNs 278-240-30 and 321-090-20
through 31. (602-01 #1336)
16.
Adoption of Resolution No. 02-002 - Authorizing Hazard Elimination Safety Grant
Project STPLHG-5428 (005), and Appropriating Funds in the amount of $111,000
from the General Fund. (401-30)
17.
Acceptance of the Norwalk Lane Sound Wall Project from 3-D Enterprises, Inc.
(602-01 #1484)
18.
Rejection of Claims Against the City: Connie Howard, Alex Sheldon, Alice Greliak,
James Kennedy, Superior Ready Mix Concrete, L.P., Nancy Jahnke, Danielle
Lakous, Gloria Swanson. (704-13)
19. Acceptance of the Community Park Playground Renovation Project from C.D.M.
Construction, Inc. (602-01 #1497)
20.
Adoption of Resolution No. 02-003, Confirming the Necessity of expending Housing
Fund monies to pay costs associated with planning for and administering affordable
housing projects and programs during Fiscal Year 2000-01. (401-22R)
21.
Annual Redevelopment Agency Report, including an Independent Financial Audit
Report and Opinion Regarding the Agency's Compliance with Laws, Regulations
and Administrative Requirements Governing Activities of the Agency; the Report of
Financial Transactions of Community Redevelopment Agencies (State Controller's
Report); and the State Depar[ment of Housing and Community Development
Schedules A, B, C, D, and E for Fiscal Year 2000-2001. (406-02)
Motion carried unanimously.
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ITEM 1 (701-04)
ORDINANCE NO. 551/SECOND READING
CITY-OWNED SKATE PARKS
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 551, "An
Ordinance of the City of Poway, California, amending Chapter 9.48 and Section 10.56.010
of the Poway Municipal Code Regarding City-Owned Skate Parks." Staff report by City
Manager Bowersox. To establish protection from potential liability claims, State law
mandates that the City approve an ordinance requiring the use of helmets, elbow pads and
knee pads for those using the skate park. The City must also post signage in the skate
park that states this requirement and notifies those who do not wear the required protective
gear are subject to citation. First Reading on this item was held on December 11, 2001.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to waive further
reading (unanimous vote), close the public hearing and adopt Ordinance No. 551. Motion
carried unanimously on a roll call vote.
ITEM 2 (602-01 #320R)
DISPOSITION AND DEVELOPMENT AGREEMENT
WATERFORD DEVELOPMENT CORPORATION
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is
a joint public hearing to consider Environmental Assessment and Disposition and
Development Agreement by and between the Poway Redevelopment Agency and
Waterford Development Corporation for the development of a 3-story hotel on the
northeast corner of the intersection of Scripps Poway Parkway and Stowe Drive. APN:
323-481-08. This item was originally heard November 13, 2001, Item #7; continued to
December 11, 2001, Item #2; and staff is recommending this item be continued again to
January 29, 2002, as negotiations regarding the Development Agreement are not yet
complete.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to continue the
public hearing to January 29, 2002. Motion carried unanimously.
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ITEM 3 (701-04)
ORDINANCE NO. 552/FIRST READING
STORM WATER MANAGEMENT AND DISCHARGE CONTROL
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 552, "An
Ordinance of the City of Poway, California Amending In Its Entirety Chapter 13.09 of the
Poway Municipal Code for Storm Water Management and Discharge Control."
City Attorney Eckis recommended that Item Nos. 3 and 4 be trailed until after Closed
Session Item No. 23.
The following person was present wishing to speak:
Jerry Pinney, 13627 Olive Tree, requested enfomement be based on best practices not
perfection.
Council concurred to trail the item until after Closed Session Item No. 23.
ITEM 4 (701-04)
ORDINANCE NO. 553/FIRST READING
AMENDING TITLE 16 OF THE POWAY MUNICIPAL CODE
EROSION AND DRAINAGE
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 553, "An
Ordinance of the City of Poway, California Amending Title 16, Division III, of the Poway
Municipal Code by Amending and Addition of Certain Sections Pertaining to Erosion and
Drainage."
The following person was present wishing to speak:
Jerry Pinney, 13627 Olive Tree, requested consideration of language changes to be
consistent with the State language to limit or reduce.
Council concurred to trail the item until after Closed Session Item No. 23.
ITEM 5 (1180-05)
COMMUNITY CONTRIBUTION REQUEST
VALLEY ELEMENTARY SCHOOL
Staff report by City Manager Bowersox. On November 11,2001, Valley Elementary School
was featured in an article in the North County Times. The article discussed the efforts of
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the school to reach out to parents and the community to assist in increasing the literacy
skills of their students. Councilmember Rexford suggested staff contact the school and
inform them of the City's Community Contribution Program. Valley Elementary has
requested $1,500 in financial assistance to purchase books to increase literacy resources
for the children.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to approve staff
recommendation. Motion carried unanimously.
ITEM 5.1 (602-01 #1199)
EXPENDITURE PLAN DEVELOPMENT
WET 'N WILD SETTLEMENT AGREEMENT FUNDS
Staff report by City Manager Bowersox. In February 1999, a Settlement Agreement was
approved with Wet 'n Wild that provided a $1.0 million payment plus interest would be
made to the City if a water park was not built on a nearby parcel by October 1,2001. In
accordance with the provisions of the Settlement Agreement, the City received
approximately $1,087,000 in October 2001. Since this source of funds is an unanticipated
and unprecedented revenue, staff has not incorporated them into any operational or
capital improvement budget. The development of an expenditure plan for these funds
should recognize that it is truly a one-time or perhaps a once-in-a-lifetime revenue source.
Therefore, the most appropriate use or uses should be for capital project expenditures.
The plan, which is most recommended for consideration by staff, is that each member of
the City Council direct how one-fifth or $220,000 be expended, preferably for projects that
would otherwise not be funded, or at this time are not fully funded.
The following people were present and expressed their views that the funds should be
used for children's benefit, primarily children's art programs:
Valerie Raymond, 12829 Soule
Patricia Kent, 12666 Stone Canyon
Motion by Councilmember Rexford, seconded by Mayor Cafagna, to approve staff
recommendation. Motion carried unanimously.
ITEM 5.2 (602-01 #1514)
APPROVAL OF WORK PLAN
APPROPRIATION OF FUNDS
PROPOSITION J
PUBLIC EDUCTATION CAMPAIGN
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Staff report by City Manager Bowersox. Staff is recommending that the City retain the
strategic communication firm of TMG Communications to implement a neutral, nonbiased
public information campaign for Proposition J. The report recommends the approval of
the consultant's scope fo work and an appropriation of $28,000 to pay for services which
include consulting, production and distribution of printed communications, advertising
fees, and postage.
Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to approve staff
recommendation. Motion carried unanimously.
ITEM 5.3 (203-24)
REQUEST FOR REHEARING
MINOR CONDITIONAL USE PERMIT 99-03
DEVELOPMENT REVIEW 99-06
APPLICANT: POWAY HONDA
Staff report by City Manager Bowersox. On December 11, 2001, Council at a public
hearing, modified the Conditions of Approval for Poway Honda's existing MCUP, adopted
under Resolution No. P-01-64. On December 21,2001, the applicant submitted, pursuant
to Chapter 2.21 of the Poway Municipal Code, a request for re-hearing of the City Council
action. The applicant's request, along with new supporting evidence they wish to be
considered is traffic circulation impacts resulting from the driveway closure and a closer
review of the noise impacts from the carwash. The City Attorney believes a re-hearing
would be appropriate to provide additional analysis of these two items.
Deputy Mayor Emery stated for the record, that although he was not present at the
meeting when action was taken on this item, he has reviewed the report and minutes.
The following people were present wishing to speak:
Mike Matsumoto, 13114 Gate Drive, spoke in opposition to the request.
Amy LaBruyere, 13047 Gate Drive, spoke in opposition to the request.
Ray Yankowsky, 13032 Gate Drive, expressed neutral views.
Chris Cruse, 13734 Utopia Road, spoke in opposition to the request.
Motion by Councilmember Goldby, seconded by Mayor Cafagna, to set the item for public
hearing on February 5, 2002. Motion carried unanimously.
CITY MANAGER ITEMS
22. City Manager Bowersox announced that Senior Management Analyst Jennifer
Johnson had accepted a position in the Community Services Division and
introduced Scott Edwards who had accepted Jennifer's prior position in the City
Managers Office.
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CITY ATTORNEY ITEMS
23. City Attorney Eckis requested the following Closed Session be held:
Conference with Legal Counsel
Pending Litigation under Government Code Section 54956.9(a)
Building Industry Association v. State Water Resources Control Board
San Diego Superior Court No. 780263
MAYOR AND CITY COUNCIL - INITIATED ITEMS
24A. Deputy Mayor Emery requested and received Council concurrence to direct staffto
place an update on the riding and hiking trails on a future workshop agenda.
24B.
Deputy Mayor Emery requested and received Council concurrence to direct staffto
research and bring a report back on how other cities in the County and SANDAG
track open-space for preservation.
28.
Mayor Cafagna requested staff bring an update report back on a future agenda at
the Skateboard Park fundraising efforts,
CLOSED SESSION
Mayor Cafagna called for Closed Session as requested by City Attorney Eckis at 8:05 p.m.
CALL TO ORDER
Mayor Cafagna called the meeting back to order at 8:34 p.m. with all members present.
City Attorney Eckis announced that Council had referred the subject lawsuit to the City
Attorney to make a limited appearance. There was no other reportable action.
Mayor Cafagna requested Item Nos. 3 and 4 which had been trailed be heard at this time.
ITEM 3 (701-04)
ORDINANCE NO. 552/FIRST READING
STORM WATER MANAGEMENT AND DISCHARGE CONTROL
Mayor Cafagna continued with the discussion.
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Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to waive further
reading (unanimous vote), and continue the public hearing to January 22, 2002 for second
reading with modifications and adoption. Section 13.09.160.G, to be modified so that
proponents of any land development project agree to a condition of approval to provide the
City access for inspection and maintenance of BMPs. Motion carried unanimously.
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to direct staff to
bring back a financing plan for this onerous unfounded mandate. Motion carried 4-1 with
Councilmember Rexford voting "no."
ITEM 4 (701-04)
ORDINANCE NO. 553/FIRST READING
AMENDING TITLE 16 OF THE POWAY MUNICIPAL CODE
EROSION AND DRAINAGE
Mayor Cafagna continued with the discussion.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to waive further
reading (unanimous vote), and continue the public hearing to January 22, 2002 for second
reading with modifications as directed and adoption. The modifications that are to be
made include that the plan provide for the prevention of discharge of sediment; the rainy
season period be changed to October 1st through April 30t~; the erosion control system
shall comply with the requirement of the latest NPDES permit and storm drain ordinance;
the plan shall provide for the preservation of natural hydrologic features and preserve
riparian buffers and corridors; and that at any time of the year an inactive site shall be fully
protected from erosion and discharges of sediment, fiat areas with less than 5% grade
shall be fully covered unless sediment control is provided through desiltation basins.
Motion carried unanimously.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:50 p.m. upon motion by Councilmember
Higginson, seconded by Councilmember Goldby.
LoCi Anne Peoples, City Clerk
City of Poway
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