CC 2002 03-26CITY OF POWAY, CALIFORNA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MARCH 26, 2002
The March 26, 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.
COUNCILMEMBERS PRESENT
Bob Emery, Jay Goldby, Mickey Cafagna
COUNClLMEMBERS ABSENT
Don Higginson, Betty Rexford
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Steve Eckis
Lori Anne Peoples
Warren Shafer
Robert Clark
Niall Fritz
Jim Howell
Deborah Johnson
Mark Sanchez
Linda Barnett
Javid $iminou
Patti Brindle
Jim Lyon
Scott Edwards
City Manager
Deputy City Manager
City Attorney
City Clerk
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
Associate Planner
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
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PRESENTATIONS
Mayor Cafagna presented Certificates of Commendation to Kevin Quinn and Bruce
Nolan of the Public Works Department for assisting in the rescue of a stranded dog.
PROCLAMATION
Mayor Cafagna presented a Proclamation declaring April 2002 as "Emergency
Preparedness Month" to Safety Services Director Sanchez.
The Mayor then requested and received Council concurrence to deviate from the
Agenda to show a SANDAG (San Diego Association of Governments) video entitled, "A
Place to Call Home - A Tour of SMART Growth Housing in the San Diego Region."
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications.
The following people were present wishing to speak:
Lorrie Moore, 13807 Powers Road, requested the Council sign a card for her nephew
who was a 9-11 rescue worker in New York.
Luke Capistran, 12926 Seller Street, addressed the Council about break dancing and
requested facility use at the new skate park.
CONSENT CALENDAR
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to approve the
Consent Calendar as follows:
Ratification of Warrant Register for the period of February 25, 2002 through
March 1, 2002. (401-10)
Approval of Minutes - City Council
March 5, 2002 - Regular Meeting
Award of Bid for the Community Road Widening and Oveday Project (#1280) to
J.D. Paving Inc., in the amount of $1,657,293.77. (602-01 #1525)
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Award of Bid for the Pedestrian Ramp Program Project (#1262) to CDM
Construction, Inc., in the amount of $266,088.00. (602-01 #1526)
10.
Adoption of Resolution No. 02-025 - Commending Eagle Scout Eli Asher Balkin.
(701-17)
11.
Approval of Appropriation of $25,000 from the Old Poway Park Tree Trust Fund
and $25,000 from the General Fund to the Farmer's Market Expansion Project.
(401-30/1401-11 )
12.
Adoption of Resolution No. 02-026 - Authorizing the Submittal of Annual
Applications to the California Integrated Waste Management Board for the Used
Oil Recycling and Household Hazardous Waste Grant Programs, and Rescinding
Resolution No. 01-038. (401-30)
13.
Approval of Release of Grading Bond No. 825208S in the amount of $296,000
and a Cash Security of $20,000 for Heritage Pointe (TTM 89-13R), G1038-97A-
2, Brett Ames, McCullough Ames Development, Inc., Applicant. APNs: 277-170-
14 through 19. (203-01)
14.
Award of contract for Purchase and Installation of the Stage Lift Device for the
Poway Center for the Performing Arts to Gala Theatrical Equipment as a Sole-
Source Vendor. (602-01 #324R)
14.1 Adoption of Resolution No. 02-027 - Commending Eagle Scout Kevin Moreno
White. (701-17)
Motion carried 3-0 with Councilmembers Higginson and Rexford absent.
ITEM 1 (202-13)
ENVIRONMENTAL ASSESSMENT
CAPITAL IMPROVEMENT PROJECT NOS. 1435 & 1436
APPLICANT: CITY OF POWAY
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. In
order to maintain the efficiency of our drainage channels, the Public Works Department
is proposing a silt removal program within Poway Creek in a channelized area located
between Midland Road and Pomerado Road. In order to provide periodic maintenance
of the channel, the City crews need access to the channel bottom. This project includes
the construction of a 10-foot-wide concrete access ramp that will extend from the Fire
Station 1 parking lot east to the concrete apron located at the base of the box culvert
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where Poway Creek crosses under Community Road. This item was originally
continued on March 5, 2002 to March 12, 2002 and from March 12th to this evening, in
order to address additional mitigation requirements as proposed by U.S. Fish & Wildlife
Service and the California Department of Fish & Game in response to the projects
Public Notice.
The following people were present wishing to speak:
Dee Fleischman, 15070 Pomerado Road made inquiry regarding the channelization
cleaning.
Nancy Hodder, 12818 Beeler Creek Trail, spoke in support of the staff recommendation
and requested the cleaning be continued further west past Cobblestone.
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to close the
public hearing, issue a Negative Declaration with mitigation measures and adopt
Planning Resolution No. 02-10, entitled, "A Resolution of the City Council of the City of
Poway, California, Approving Environmental Assessment 02-02 Poway Creek Silt
Removal and Access Ramp." Motion carried 3-0 with Councilmembers Higginson and
Rexford absent.
ITEM 2 (203-08/203-14)
ENVIRONMENTAL ASSESSMENT
CONDITONAL USE PERMIT 99-18
DEVELOPMENT REVIEW 99-20
APPLICANT: PACIFIC BELL
Mayor Cafagna opened the public hearing and announced that this is a request to add
18,933 square feet onto the existing 14,940 square-foot telephone switching building
located on a 0.92-acre site at 14010 Midland Road. APNs: 314-212-10, 14 and 15.
The following people were present wishing to speak:
Dee Fleischman, 15070 Pomerado Road spoke in opposition to the request.
Stephen Slater, 3961 Blackbird Way, Calabasas, representing Pacific Bell spoke in
support and responded to questions of the Council.
Steven Cole, 14026 Sycamore Avenue, spoke in support including the installation of a
gate across the parking lot entrance.
Dan Krall, 14223 Primrose Court, spoke in support provided the public street parking is
not effected during construction.
Norm DeWitt, 3779 Milan Street, San Diego, ,Architect for Pacific Bell, responded to
questions of the Council.
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Diana Starnes, 101 W. Broadway, Suite 1440, San Diego, representing Pacific Bell,
spoke in support and responded to questions of the Council.
Carole Cue, 14026 Sycamore Avenue, spoke in support, but expressed opposition to
use of orange cones at the driveway entrance.
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to close the
public hearing and adopt Planning Resolution No. P-02-11, entitled, "A Resolution of the
City Council of the City of Poway, California, A Modification to Conditional Use Permit
99-18 and Development Review 99-20, Assessor's Parcel Numbers: 314-212-10, 14
and 15," as amended to delete the driveway gate, but provide the ability to close off the
driveway when using the cranes etc; add a condition of no signage other than
directional in the parking lot; findings that there is a need to accommodate public
parking during certain times due to building by the applicant, across an alley that used
to provide access to an additional parking lot to the north; staff to explore the option of a
lease or reciprocal parking agreement for use of the parking lot; the parking lot issue to
be reviewed within 6 months after becoming operational. Motion carried 3-0 with
Councilmembers Higginson and Rexford absent.
ITEM 3 (203-08/203-14)
ENVIRONMENTAL ASSESSMENT
CONDITIONAL USE PERMIT 01-18
DEVELOPMENT REVIEW 01-15
APPLICANT: WATERFORD DEVELOPMENT COMPANY, LLC.
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a proposal to develop a 3-story hotel having up to 156 rooms on the northeast
corner of the intersection of Scripps Poway Parkway and Stowe Drive.
There was no one present wishing to speak.
Motion by Deputy Mayor ~mery, seconded by Councilmember Goldby, to close the
public hearing and adopt Planning Resolution No. P-02-12, entitled, "A Resolution of the
City Council of the City of poway, California, Approving Conditional Use Permit 01-18
and Development Review 01-15, Assessor's Parcel Number 323-481-08." Motion
carried 3-0 with Councilmembers Higginson and Rexford absent.
ITEM 4 (1204-03)
DRAFT STORM WATER MANAGEMENT PROGRAM
Staff report by City Manager Bowersox.
January 22, 2002, Item 3B to this evening.
This item was originally continued from
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Staff is requesting an additional continuation to April 9, 2002 to coincide with the
proposed Resolution adopting fees.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to continue the
item to April 9, 2002. Motion carried 3-0 with Councilmembers Higginson and Rexford
absent.
ITEM 4.1 (1601-01)
STATUS REPORT
CITY OFFICE BUILDING
Introduction by City Manager Bowersox. Staff report by Deputy City Manager Riley.
Posterboard presentation by Phil Pape, Architect and Jeanette McGuire of
McGraw/Baldwin Architects.
The following people were present wishing to speak:
Lisa Pike, 13007 Creek Park Drive, spoke in support but expressed concerns with the
park area usage times and lighting.
Peggy Stewart, 13038 Creek Park Drive, spoke in support.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to direct staff to
move forward on submission of conditional use permits. Motion carried 3-0 with
Councilmembers Higginson and Rexford absent.
4.2 (602-01 #1319)
UPDATE
WET'N WILD SETTLEMENT FUNDS
Staff report by City Manager Bowersox. Each Councilmember has the opportunity to
allocate $220,000 of the $1.1 million in Wet'n Wild Settlement Funds for community
purposes. This report represents an update expenditure plan.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to approve the
expenditure plan. Motion carried 3-0 with Councilmembers Higginson and Rexford
absent.
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CITY ATTORNEY ITEMS
16.
City Attorney Eckis requested two additional Closed Sessions and one additional
open session item, consideration of a Resolution of Intent, be added to the
Agenda as the need to take action arose after the posting of the Agenda.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to add the
three requested items to the agenda as the need to take action arose after the
posting of the agenda. Motion carried 3-0 with Councilmembers Higginson and
Rexford absent.
Closed Session
Conference with Real Property Negotiator
Government Code §54956.8
Property: 40 vacant acres including the top of Twin Peaks
APN: 314-031-03
Negotiating Parties: James L. Bowersox on behalf of the City of Poway, Buyer
Lawrence W. Foreman Twin Peaks Trust 03-2, Seller
Under Negotiations: Price and Terms of Purchase
Conference with Legal Counsel
Government Code §54956.9(a)
Pending Litigation
Superior Ready Mix vs City of Poway
San Diego Superior Court Case No. 784718
Conference with Real Property Negotiator
Government Code §54956.8
Property: 12648 Poway Road (Poway Road Albertsons site)
Negotiating Parties: James L. Bowersox on behalf of the City of Poway, Buyer
Mike Moser for Albertsons, Seller
Under Negotiations: Price and Terms of Purchase
Open Session - Consideration of the adoption of a Resolution of Intent to
set for public hearing for a specific plan pertaining to the northwest corner
of Poway Road and Silverlake Drive.
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MAYOR AND CITY COUNCIL-INITIATED ITEMS
17.
18.
21A.
Deputy Mayor Emery stated he would be unable to attend the April 18, 2002
Workshop and requested the item to revisit the Old Poway Park Specific Plan be
rescheduled to a future workshop date.
Councilmember Goldby requested and received Council concurrence to have the
Joint Council/PUSD Subcommittee add the discussion of wheelchair sports to the
next Subcommittee agenda.
Mayor Cafagna stated there were no new Regional Governance options to
discuss.
CLOSED SESSION
Mayor Cafagna called for Closed Session as requested by the City Attorney at 9:15
p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 9:50 p.m. with all members present
except Councilmembers Higginson and Rexford.
City Attorney Eckis announced that on Item 16B, the Council had voted 3-0 to refer the
item to the City Attorney for defense; Item 16C, the Council had instructed their
Negotiator with regard to the matter. City Attorney Eckis then explained that Item 16D
was a Resolution that would constitute a notice of intent to limit uses on this site.
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to adopt
Resolution No. 02-028, entitled, "A Resolution of the City Council of the City of Poway,
California, Initiating a Specific Plan to Limit the Uses Permitted in the Shopping Center
Located at the Northwest Corner of Poway Road and Silverlake Drive." Motion carried
3-0 with Councilmembers Higginson and Rexford absent.
Mayor Cafagna adjourned the meeting at 10:02 p.m. upon motion by Councilmember
Goldby, seconded by Deputy Mayor Emery, with Councilmembers Higginson and
Rexford absent.
Ldri Anne Peoples, Cit~, Clerk
City of Poway
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