CC 2002 09-17CITY OF POWAY, CALIFORNA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
SEPTEMBER 17, 2002
The September 17, 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 Poway Community
Library- Meeting Room, 13137 Poway Road, Poway, California.
COUNCILMEMBERS PRESENT
Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Steve Eckis
Lori Anne Peoples
Warren Shafer
Robert Clark
Niall Fritz
Jim Howell
Dennis Quillen
David Narevsky
Mark Sanchez
Leonard Zuniga
Bob Krans
Patti Brindle
Javid Siminou
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
Assistant Director of Public Works
Redevelopment Manager
Director of Safety Services
Sheriff's Lieutenant
Division Chief
City Planner
City Engineer
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PRESENTATIONS
A)
B)
Mayor Cafagna presented a 10-Year Service Award to Code Compliance Officer
Mark LeDrew and a 15-Year Service Award to Construction Maintenance Worker
Douglas Stratton.
Mayor Cafagna presented Certificates and Badges to two of the finest of the 17th
Graduating Class of Reserve Park Rangers, Suzanne and Bob Emery.
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c)
Ted Anasis of the Port of San Diego provided a PowerPoint presentation
concerning the San Diego County Regional Airport Authority's Air Transporation
Action Program. (1503-42)
PUBLIC ORAL COMMUNICATION
Mayor Cafagna explained the procedure for Public Oral Communications.
The following person was present wishing to speak:
Louis Tooch, 14105 Powers Road, inquired as to the availability of the horse trail where
the Hillside Village project is being built.
CONSENT CALENDAR
Mayor Cafagna requested Item No. 15 be removed from the Consent Calendar for
discussion. Motion by Councilmember Goldby, seconded by Councilmember Rexford,
to approve the remainder of the Consent Calendar as follows.:
9. Ratification of Warrant Register for the Period of August 19-23, 2002. (401-10)
10. Approval of City's Investment Report as of July 31,2002.
(408-01)
11.
Adoption of Resolution No. 02-103 - Adopting Through Incorporation by
Reference the Fair Political Practice Commission's Standard Conflict of Interest
Code 2 California Code of Regulations Section 18730 and Amending the List of
Designated Positions and Rescinding Resolution No. 01-086; Resolution No. R-
02-12 - Adopting the Fair Political Practice Commission's Standard Conflict of
Interest Code 2 California Code of Regulations Section 18730 and Amending the
List of Designated Positions and Rescinding Resolution No. R-01-08; and
Adopting Resolution No. 02-104 - Approving the Agency's Adoption of their
Amended List of Designated Positions. (704-08)
12. Approval of Agreements for the Use of San Diego Gas & Electric's Substation
Property at Twin Peaks Road and Budwin Lane. (602-01 #530)
13.
Adoption of Resolution No. P-02-53 - Approving Temporary Use Permit 02-87,
Annual Train Song Festival, City of Poway Community Services, Applicant: A
request to hold the Annual Train Song Festival at Old Poway Park, located at
14134 Midland Road, on Saturday, October 5, 2002, from 10:00 a.m. to 4:00
p.m. (203-07)
14. Rejection of Claim (1) Against the City: 1 ) Gary Pennock.
(704-13)
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16. Adoption of Resolution No. 02-105 - Approving Support for the Existing Pledge of
Allegiance. (1501-15)
17.
Approval of Report of Administrative Action Taken on City Council-Initiated and
Public Inquiry Items for the Period of January 2, 2002 through July 31, 2002.
(701-10)
18. Award of Bid for the Lake Poway Electric Gate Project (02-034) to Southern
Electronic Innovations, Inc., in the amount of $26,232. (602-01 #1567)
19.
Approval of Position on Pending Legislation: Support Proposition U - PUSD
School Bond. (1503-06)
20.
Approval of Final Map
Kenneth French, Owner.
501-09, 10.
for Tentative Parcel Map 01-01, Oak Knoll Village,
Property is located 12711 Oak Knoll Road. APN: 317-
(203-02)
20.1
Approval of Positions on Legislation Pending Governor's Action: Support SB
1432 (Alper~) - Housing Self Certification and oppose SB 905 (Perata) and AB
1243 (Wiggins) - Prohibition on Payroll Deductions, AB 1866 (Wright) - Second
Units and Density Bonuses: Eliminating Public Review: Expanding Litigation, and
AB 2292 (Durra) - Preemption of Local Authority and Property Rights. (701-11)
Motion carried 4-0 with Deputy Mayor Emery out of the room..
Mayor Cafagna requested Item No. 15 be heard at this time.
ITEM 15 602-01 #1547/1601-10R)
APPROPRIATION OF FUNDS
STREET MAINTENANCE
POINSETTIA MOBILEHOME PARKS
Staff report by City Manager Bowersox. This report requests approval for the
appropriation of funds for street maintenance within the Poinsettia Mobilehome Parks in
the amount of $100,250 from the Poinsettia Family Park Capital Replacement Reserve
Fund and $17,200 from the Poinsettia Senior Park Capital Replacement Fund, to be
included in the 02-03 Seal Coat Project Agreement with California Pavement
Maintenance.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to approve
the appropriation. Motion carried 4-0 with Councilmember Goldby out of the room.
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ITEM 1 (203-08)
CONDITIONAL USE PERMIT 02-02
TELECOMMUNICATIONS FACILITY
14280 POWAY ROAD
APPLICANT RICHARD CONNER RILEY & ASSOCIATES
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox.
This is a request to install a telecommunications facility consisting of antennas and
ground-mounted equipment on developed property located at 14280 Poway Road.
APN: 323-190-06. This item was continued from the August 6, 2002 City Council
meeting and the August 20, 2002 City Council meeting. The applicant is again
requesting a continuance to mid-October.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to continue
the public hearing as requested by the applicant to October 15, 2002. Motion carried
unanimously.
ITEM 2 (203-02)
ENVIRONMENTAL ASSESSMENT
TENTATIVE PARCEL MAP 01-05
APPLICANT: ALLEN BASlLE
Mayor Cafagna opened the public hearing. Councilmember Rexford disqualified herself
from participation on this item as her residence is within 500 feet of the proposed
project. Introduction by City Manager Bowersox. This is a request to subdivide a 2.35-
acre property into four residential lots at 11550 Creek Road. APN: 320-020-16. This
item was continued from September 10, 2002, Item #1. Staff report by Development
Services Director Fritz.
The following people were present wishing to speak:
Matthew Ellis, 3060 University Avenue, San Diego, Architect for Mr. Basile spoke in
support of the proposed project and in opposition of staff recommendation.
Allen Basile, 11550 Creek Road, applicant, spoke in support of his proposed project and
in opposition to staff recommendation.
Dee Fleischman, 14428 Midland Road, spoke in favor of staff recommendation.
Paul Rexford, 11570 Creek Road, spoke in favor of staff recommendation.
Neville Bothwell, 5302 Alta Bahia Court, San Diego, spoke
recommendation.
in favor of staff
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Motion by Deputy Mayor Emery, seconded by Mayor Cafagna, to close the public
hearing, approve the Mitigated Negative Declaration and adopt Planning Resolution No.
P-02-54, entitled, "A Resolution of the City Council of the City of Poway, California,
Approving a Mitigated Negative Declaration and Tentative' Parcel Map (TPM) 01-05
Assessor's Parcel Number 320-020-16." Motion carried 4-0 with Councilmember
Rexford disqualified.
ITEM 3 (701-04)
ORDINANCE NO. 563/FIRST READING
1997-2001 UNIFORM BUILDING CODES
Mayor Cafagna opened the public hearing and read the title 'of Ordinance No. 563, "An
Ordinance of the City of Poway, California, Rescinding Chapters 15.04, 15.08, 15.12
and 15.16 of the Poway Municipal Code and Adopting New Chapters 15.04, 15.08,
15.12, 15.16 and 15.18 Regarding the 2001 California Building Standards, which
incorporated the Uniform Building Code, 1997 Edition; the National Electrical Code,
1999 Edition; the Uniform Plumbing Code, 2000 Edition; the Uniform Mechanical Code,
2000 Edition; and the 2001 California Energy Code."
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to waive
further reading (unanimous vote) and continue the public hearing to October 8, 2002 for
second reading and adoption. Motion carried unanimously.
ITEM 4 (401-07)
ADJUSTING FEE SCHEDULE
AMBULANCE SERVICE FEES
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This report and Resolution provide for an increase in ambulance service fees consistent
with the average fees charged by San Diego County agencies that provide Advanced
Life Support (ALS) and Basic Life Support (BLS) ambulance transportation.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to close the
public hearing and adopt Resolution No. 02-106, entitled, "A Resolution of the City
Council of the City of Poway, California Revising the Schedule of Ambulance Service
Fees and Rescinding Resolution No. 97-078." Motion carried unanimously.
ITEM 5 (203-04)
VARIANCE 02-08
APPLICANT: RICHARD FRAGOSO/GAYLE QUEBEDEAUX, OWNER
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Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a request to allow a 591-square-foot addition to an existing single-family
residence to observe an 18.5-foot front yard setback when a 25-foot setback is required
at 12524 McFeron Road.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to close the
public hearing and adopt Planning Resolution No. P-02-55, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Variance 02-08 Assessor's
Parcel Number 317-710-01 ." Motion carried unanimously.
ITEM 6 (203-14)
DEVELOPMENT REVIEW 02-09
APPLICANT: WHITEWATER, LLC/GREG LOY
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a request to construct 9 detached single-family homes on a 34-acre property,
approved as Tentative Tract Map (TTM) 97-02, located at the northerly terminus of
Whitewater Drive. APN: 323-071-18.
The following person was present wishing to speak:
Bardhyll Nushi, 655 Clarion Ct., San Luis Obispo, Project Designer, spoke in support of
the proposed project.
Motion by Councilmember Goldby, seconded by Councilmember Higginson, to close the
public hearing and adopt Planning Resolution No. P-02-56, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Development Review (DR) 02-
09 Assessor's Parcel Number 323-071-18." Motion carried unanimously.
ITEM 7 (602-01 #175R)
AMENDMENT NO. 4
LEASE AGREEMENT
SOUTH POWAY SPORTS PARK
SPORTSPLEX USA
Staff report by City Manager Bowersox. This report replaces the report prepared for the
September 3, 2002 Council agenda. The operator of the South Poway Sports Park,
Sportsplex USA, has proposed to convert the basketball courts at the park to a multi-
use sports rink at its expense. In order to recoup its investment for the capital expense,
Sportsplex USA has requested an extension of its existing lease.
There was no one present wishing to speak.
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Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to approve the
lease amendment. Motion carried unanimously.
ITEM 8 (1601-01 )
STATUS REPORT
CITY OFFICE BUILDING
Introduction by City Manager Bowersox. Staff report by Deputy City Manager Riley.
This report overviews the progress on the interior finishes and landscape design for the
City Office Building.
Council viewed a brief poster board and materials presentation by the architectural and
landscape design teams.
The following people were present wishing to speak:
Louis Tooch, 14105 Powers Road, made inquiry as to the impact of this project on other
City projects.
Dee Fleischman, 14428 Midland Road, expressed her views on the proposed
landscape plans.
Councilmember Rexford stated for the record that she opposed the choice of rug color,
balcony and use of black suede fabric on chairs.
Deputy Mayor Emery requested staff look into the relocation of the metate closer to the
public area.
CITY MANAGER ITEMS
21.
City Manager Bowersox presented Council with an .award from the American
Public Works Association for projects of $2 - $10 million for the widening and
improvement of Pomerado Road - "The Best in the County."
CITY ATTORNEY ITEMS
22.
City Attorney Eckis requested a Closed Session:
Conference with Legal Counsel
Pending Litigation pursuant to Government Code §54956.9(a)
Swinton v. City of Poway
San Diego Superior Court Case No. GIC 746770
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MAYOR AND CITY COUNCIL - INITIATED ITEMS
24A.
Councilmember Goldby stated that the item he had placed on the Agenda,
consideration of funding of a random drug-testing program of appropriate
students at Poway High School (continued from August 20, 2002, Item #31A), did
not need discussion or action at this time.
27A. Mayor Cafagna provided a brief update and Council discussed Regional
Governance options. (1503-46)
27B.
Mayor Cafagna requested and received Council concurrence for the appointment
of Lauren Piper as a Poway High Representative to the Teen Issues Committee.
(701-09)
CLOSED SESSION
Mayor Cafagna called for Closed Session as requested by the City Attorney at 9:50
p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 10:14 p.m. with all Councilmembers
present and adjourned the meeting at 10:15 p.m. on motion by Councilmember Rexford
seconded by Councilmember Goldby. Motion carried unanimously.
Peoples, Cit~'
City of Poway
7636