CC 2002 07-30CITY OF POWAY, CALIFORNA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JULY 30, 2002
The July 30, 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.
COUNClLMEMBERS PRESENT
Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Tamara Smith
Lori Anne Peoples
Warren Shafer
Robert Clark
Niall Fritz
Jim Howell
Mark Sanchez
Linda Barnett
Javid Siminou
Patti Brindle
Jim Lyon
Bob Krans
Kristy Toff
Scott Edwards
City Manager
Deputy City Manager
Assistant City Attorney
City Clerk
Director of Administrative Services
Director of Community Services
Director of Development Services
Director of Public Works
Director of Safety Services
Sheriff's Captain
City Engineer
City Planner
Associate Planner
Fire Division Chief
Redevelopment Project Administrator
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATION
Mayor Cafagna explained the procedure for Public Oral Communications.
The following people were present wishing to speak:
David Kern, 14694 High Valley Road, spoke regarding the High Valley Water Line
Project and a claim he had filed.
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Ed Carboneau, 14073 Pomegranate, expressed his views on the Poinsettia Mobile
Home Park management.
R.W. "Nick" Stavros, 13639 Jackrabbit Road, expressed his views on the Community
Pool.
Bill Cross, 13105 Corona Way, proposed a used cell phone project for the Weingart
Senior Center.
CONSENT CALENDAR
Mayor Cafagna requested Item 23 be pulled for discussion. Motion by Deputy Mayor
Emery, seconded by Councilmember Rexford, to approve the remainder of the
Consent Calendar as follows:
14. Ratification of Warrant Register for the Period of June 24-28, 2002 and July 1-5,
2002. (401-10)
15.
18.
19.
Approval of Minutes - City Council June 25, 2002 - Regular Meeting
July 2, 2002 - Canceled Adjourned Regular Meeting
Award of Bid for the Hazard Elimination System Traffic Signals to Perry Electric,
Inc., in the amount of $79,000. (602-01 #1549)
Approval of Agreement between the City of Poway and Trauma Intervention
Program of San Diego County, Inc., to establish a program within the City to
ensure emotionally traumatized individuals are given support immediately
following a crisis event. Appropriation of $5,959 from the Unappropriated
General Fund balance and authorize the City Manager to sign the agreement.
(602-01 #1550)
20.
Approval of Acquisition of Automated External Defibrillators, Training Supplies,
and Other Equipment for the Continued Implementation of a Public Access
Defibrillation Program in the City of Poway. Appropriation of $31,000 from the
Unappropriated General Fund Balance. (Phase II of approved PAD program).
(1302-05)
21.
Authorization for the Construction and Purchase of a Water Tender on a
Customer-Provided Chassis with South Coast Fire Equipment (a Pierce
distributor) for $129,344.18. (601-03)
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22.
Authorization to Release Grading and Improvement Bonds for Valencia Creek,
Tentative Tract Map 97-03 in the amount of $1,836,000 and a cash security of
$40,000; Gary Crouch, D.R. Horton, Applicant. APN's: 317-830-01 through 08.
(602-01 #1324)
23.
Update on the California Integrated Waste Management Board's 1999/2000
Biennial Review of the City of Poway's Implementation of AB 939 Waste
Reduction Requirements. (1502-39)
24. Wet'n Wild Settlement Funds Expenditure Plan Update.
(602-01 #1319)
24.1 Grand Jury Report entitled "Home Rule" Is Chartering a City a Good Idea?
(701-20)
Motion carried unanimously.
ITEM 1 (203-08/203-14)
CONDITIONAL USE PERMIT 02-05
DEVELOPMENT REVIEW 02-15
BLUE SKY EDUCATIONAL CENTER
APPLICANTS: CITY OF POWAY/DOMINY & ASSOCIATES
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a request to construct a 6,000-square-foot Educational/Interpretive Center
containing an outdoor amphitheater, outdoor biological exhibits, a 75-space parking lot,
and walkways on approximately 8.5 acres of a 16-acre City owned site located on the
northwest corner of Espola Road and the Green Valley Truck Trail. APN: 277-140-13,
14 and 278-320-10.
The following people were present wishing to speak:
Lew Dominy, 2150 W. Washington, San Diego, representing Dominy & Associates,
Architects for the Blue Sky Center, spoke in support of the project and responded to
questions of the Council and public.
Louis Tooch, 14105 Powers Road, spoke in support of the project and made inquiry on
mitigation land.
Dave Schneider, 16345 Country Day Road, spoke in opposition to the use of the
property.
Al Toretto, Environmental Director of the Friends of Blue Sky, spoke in support.
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Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to close the
public hearing, issue a Mitigated Negative Declaration, and adopt Planning Resolution
No. P-02-37, entitled, "A Resolution of the City Council of the City of Poway, California,
Approving Conditional Use Permit 02-05 and Development Review 02-15 Assessor's
Parcel Number 277-140-13, 14 and 278-320-10." Motion carried unanimously.
ITEM 2 (203-08/203-14)
CONDITIONAL USE PERMIT 01-21
DEVELOPMENT REVIEW 01-16
FIRE STATION #3
APPLICANT: CITY OF POWAY
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox.
Staff report by Development Services Director Fritz. This is a request to construct a
13,524-square-foot single-story Fire Station and a modular building for an interim facility
on approximately 2.5 acres of a 57-acre parcel located southwest of the intersection of
Ted Williams Parkway and Pomerado Road. APN: 314-040-17.
The following people were present wishing to speak:
Louis Tooch, 14105 Powers Road, spoke in opposition to the placement of the traffic
signal.
Mary Sanborn, 12119 Wilsey Way, expressed her views on the feasibility study.
Ellen Bernee, P.O. Box 823, representing the Pomerado Pines Homeowner's
Association, spoke in opposition.
Mark Baker, 750 N. Citracado Parkway #19, Escondido, Project Architect, spoke in
support and responded to questions.
Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to close the
public hearing, issue a Mitigated Negative Declaration, and adopt Planning Resolution
No. P-02-38, entitled, "A Resolution of the City Council of the City of Poway, California,
Approving Conditional Use Permit 01-21 and Development Review 01-16 Assessor's
Parcel Number 314-040-17." Motion carried 4-1 with Councilmember Rexford voting
"no."
ITEM 3 (1002-02)
ENVIRONMENTAL ASSESSMENT 02-14
PROPERTY ACQUISITION
20.44-ACRES
VAN DAM PEAK AND IOLA WAY
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Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
The City of Poway was approached by a real estate agent representing the owners of a
20.44-acre parcel on the south face of Van Dam Peak, at the terminus of Iola Way
(APN: 316-020-22), offering the property for sale. Acquisition of this parcel is consistent
with previous direction from the City Council to acquire property to preserve prominent
landforms in their natural state. The purchase price is $210,000 and estimated closing
costs are $3,000.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to close the
public hearing, issue the Negative Declaration and adopt Planning Resolution No. P-02-
39, entitled, "A Resolution of the City Council of the City of Poway, California Approving
Environmental Assessment 02-14 Authorization for Purchase APN 316-020-22." Motion
carried unanimously.
ITEM 4 (203-08)
CONDITIONAL USE PERMIT 01-16
15101 MINA DEL CRC
APPLICANT: NEXTEL COMMUNICATIONS
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a proposal to install a telecommunications facility consisting of antennas and
ground mounted equipment on residential property located at 15101 Mina De Crc, APN:
321-110-24.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to close the
public hearing, issue the Mitigated Negative Declaration, and adopt Planning Resolution
No. P-02-40, entitled, "A Resolution of the City Council of the City of Poway, California
Approving Conditional Use Permit (CUP) 01-16 to Install a Telecommunications Facility
Consisting of Antennas and Ground Mounted Equipment on Property Located at 15101
Mina De Crc in the Rural Residential A (RR-A) Zone. Assessor's Parcel Number 321-
110-24." Motion carried unanimously.
Mayor Cafagna requested Item Nos. 7, 8, 9 and 10 be heard together.
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ITEM 7 (401-27)
FIRE PROTECTION/STREET IMPROVEMENT
TAX ROLL FOR FY 2002-2003
ITEM 8
COMMUNITY FACILITIES DISTRICT NO. 1
FY 2002-03 SPECIAL TAX RATE
ITEM 9
COMMUNITY FACILITIES DISTRICT NO. 88-1
FY 2002-03 SPECIAL TAX RATE
ITEM 10
WEED AND NUISANCE ABATEMENT
TAX ROLL FOR FY 2002-03
Mayor Cafagna opened the public hearings. Staff report by City Manager Bowersox.
Annually, the City collects various taxes, fees, charges, and assessments on the tax
rolls by following the procedures set up for such collections by the County.
Item 7 is to set the assessment for fire protection in Assessment District 96-1 (High
Valley Roads) and the neighborhood loan projects including Creek Road/Stage Stop
Drive sewer improvements; Joshua Tree Court street improvements; Cobblestone
Creek bridge and street improvements; Golden Way sewer; Budwin Lane street
improvements; Old Espola Road sewer and Ann-O-Reno Lane street improvements.
Item 8 sets the Special Tax for South Poway Community Facilities District No. 1 which
is the Pomerado Business Park.
Item 9 sets the Special Tax Rate for property within the Community Facilities District
No. 88-1 (Parkway Business Centre) and Item 10 sets the charges from weed and
nuisance abatement done by the City's contractor.
There was no one present wishing to speak on any of the Items, 7 through 10.
Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to close the
public hearing and adopt Resolution No. 02-090, entitled, "A Resolution of the City
Council of the City of Poway, California, Establishing the Fire Protection Tax, the Street
and Water and Sewer Assessments, and the Road Improvement Assessments to be
Collected on the Property Tax Roll for Fiscal Year 2002-2003." Motion carried
unanimously.
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Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to close the
public hearing and adopt Resolution No. 02-091, entitled, "A Resolution of the City
Council of the City of Poway, California, Setting the Special Tax Rate and the Amount to
be Levied on Property within the South Poway Community Facilities District No. 1 for
Fiscal Year 2002-2003." Motion carried unanimously.
Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to close the
public hearing and adopt Resolution No. 02-092, entitled, "A Resolution of the City
Council of the City of Poway, California, Setting the Special Tax Rate and the Amount to
be Levied on Property Within the Community Facilities District No. 88-1 (Parkway
Business Centre) for Fiscal Year 2002-2003." Motion carried unanimously.
Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to close the
public hearing and adopt Resolution No. 02-093, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving the Report of Weed and Nuisance
Abatement Charges to be Collected on the County Tax Assessor's Roll for Fiscal Year
2002-2003." Motion carried unanimously.
ITEM 11 (203-01)
TENTATIVE TRACT MAP 97-02(TE)
TIME EXTENSION
OWNERS: WHITEWATER LLC/GREG LOY
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a request for a .one-year time extension of the approval for TTM 97-02, a
proposal to subdivide a 34-acre property into nine one-acre residential lots and one 19-
acre open space lot. APN: 323-071-18.
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to close the
public hearing and adopt Resolution No. P-02-43, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Tentative Tract Map (TTM) 97-
02(TE) Assessor's Parcel Number 323-071-18." Motion carried unanimously.
ITEM 12 (1180-03)
RESPONSE
CITIZEN INQUIRY
APPLICATION OF PROPOSITION FF
Staff report by City Manager Bowersox. At the June 4, 2002 City Council meeting,
Louis Tooch spoke under Public Oral comment with regard to the application of
Proposition FF in the adoption of Ordinance 372 that created the Hospital Campus
zoning district and the approval of GPNZC 99-01A. The Council requested staff
prepare a report in response to his inquiry. This is a receive and file item.
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No objection as filed.
ITEM 13 (1180-03)
RESPONSE
CITIZEN INQUIRY
15905 POMERADO ROAD
TEMPLE ADAT SHALOM
Staff report by City Manager Bowersox. At the April 16, 2002 City Council meeting,
several residents living adjacent to Temple Adat Shalom raised concerns about late
night noise being generated from parties being conducted at the Temple Social Hall.
The Council asked staff to work with the Temple and the residents to resolve the issues
and report back to the City Council on resolution of the matter. This is a receive and file
item.
No objection as filed.
ITEM 23 (1502-39)
UPDATE
CALIFORNIA INTEGRATED WASTE MANAGEMENT
1999/2000 BIENNIAL REVIEW
CITY OF POWAY IMPLEMENTATION
AB939 WASTE REDUCTION REQUIREMENTS
Staff report by Public Works Director Jim Howell. State Law (AB 939) requires
jurisdictions to submit an Annual Report to the California Integrated Waste Management
Board (CIWMB) describing implementation of programs to achieve the state mandated
waste diversion goal of 50% by the year 2000.
In September 2001, the City of Poway reported a waste diversion rate of 49% for 2000.
In December 2001, ClWMB staff conducted a 1999/2000 Biennial Review of the City's
progress and during this process, the City received CIWMB staff approval to utilize a
different set of data (specific to the City of Poway) to recalculate the City's waste
diversion rate. When these data were inserted into the CIWMB's adjustment method
calculation, Poway's diversion rate increased to 65%. This is a receive and file item.
No objection as filed.
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CITY ATTORNEY ITEMS
26A.
Assistant City Attorney Smith requested a Closed Session be held:
Conference with Real Property Negotiator
Government Code §54956.8
Property: Wanesta Drive and Hilleary Place, APN: 317-101-27
Negotiating Parties: James L. Bowersox on behalf of the Poway
Redevelopment Agency, Buyer
Olaf A. Wahlsten Revocable Living Trust and Gloria
Schmoeger, Sellers
Representative of the Olaf A. Wahlsten Revocable
Living Trust and Gloria A. Schmoeger, Negotiator
Under Negotiation: Price and Terms of Purchase
MAYOR AND CITY COUNCIL-INITIATED ITEMS
27.
Deputy Mayor Emery requested and received Council concurrence to have a
future workshop on the protection of properties with churches to prevent them
from reverting to other uses.
28.
Council'member Goldby requested staff start planning to send members of the
Teen Issues Committee to the League Conference in October in Long Beach to
attend the youth leadership component.
31A.
Mayor Cafagna requested and received Council Confirmation of Appointment of
Erin Leffingwell as the Meadowbrook Middle School Representative on the Teen
Issues Committee. (701-09)
31B. Mayor Cafagna provided a brief update on Regional Governance options.
(1503-46)
CLOSED SESSION
Mayor Cafagna called for Closed Session as requested by Assistant City Attorney Smith
at 8:50 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 9:07 p.m. with all members present,
and adjourned the meeting at 9:08 p.m. upon motion by Councilmember Higginson,
seconded by Councilmember Rex'ford. Motion carried unanimously. ~
;. EL....,
'~rfknne Peoples, C~-d~rk
City of Poway
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