CC 2002 10-08CITY OF POWAY, CALIFORNA.
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
OCTOBER 8, 2002
The October 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 Poway Community Library -
Meeting Room, 13137 Poway Road, Poway, California.
COUNClLMEMBERS 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
Deborah Johnson
Mark Sanchez
Linda Barnett
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
Director of Redevelopment'Services
Director of Safety Services
Sheriff's Captain
City Planner
City Engineer
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PROCLAMATION
A)
Mayor Cafagna presented a Proclamation declaring October 6 - 12, 2002, as
"Fire Prevention Week" to Chief Sanchez.
B)
Mayor Cafagna presented a Proclamation declaring the month of October 2002
as "Domestic Violence Awareness Month" to Peggy Stewart of Soroptimists
International of Poway, Ramona and Rancho Bernardo.
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PRESENTATIONS
A)
Council heard a brief verbal presentation by Dianne Rohwer-Johnson, Crisis
Team Manager and Faith Ashford, Team Leader for Poway, on the recently
established Poway- Trauma Intervention Program (TI.P).
B)
Mayor Cafagna noted that over $94,000 in donations was received from
Community members and local businesses for the building of Skate Park. He
then presented Certificates to Fundraising Chairwoman Lori Simon; recognized
the Teen Recreation Club Members who raised over $8,000; and presented
Certificates to the following donors: Retro Sports, Sherrie Brewer, Unwritten Law,
Modular Building Concepts, Inc., Poway Shell and Poway Youth Sports
Association. He also recognized other donors who were unable to be present:
Urban Board Shop, ×treme Wheelz, Willie's Workshop, Sunshine Hair Design,
Rick Chapel, 4 Women Only, K-5 Boardrider Shop, Wave Lines, United Studios
of Self Defense, Pomerado Center for the Child and Family, Property Services
Plus, Dr. Bruce Johnson, Benchmark Landscape and Fisher's Car Washes.
c)
Councilmember Betty Rexford made a presentation to the Safety Services
Employees in recognition of their services to our community and their efforts
fighting the Julian fires. The presentation included a photo of Julian Town
Residents and a Firefighter statue.
PUBLIC ORAL COMMUNICATION
Mayor Cafagna explained the procedure for Public Oral Communications.
There was no one present wishing to speak.
CONSENT CALENDAR
Councilmember Goldby requested Item Nos. 15 and 16.1 be removed from the
Consent Calendar for discussion. Motion by Deputy Mayor Emery, seconded by
Councilmember Higginson, to approve the remainder of the Consent Calendar as
follows:
Ratification of Warrant Register for the Periods of August 26-30, September 2-6,
and September 9-13, 2002. (401-10)
Approval of Minutes - City Council
September 3 2002 - Regular Meeting
September 5, 2002 - Adjourned Regular Meeting
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11.
Rejection of Claims (7) Against the City: 1) Deborah J. Martinez, 2) Darren Nylec,
3) James Ederer, 4) Andy and Elizabeth Seitz, 5) Tom and Kim Keliinoi, 6) Ed
Carboneau, 7) Rhonda Farrar. (704-13)
12.
Award of Bid for the Central and North Poway Fiber Optic Interconnect Project to
Moore Electrical Contracting, Inc., in the amount of $821,820. (602-01 #1569)
13.
Approval of Final Map for Tentative Parcel Map 02-02 and Adoption of
Resolution No. 02-107- Annexation into Landscape Maintenance District 86-1
and City of Poway Lighting District Zones A and C; Clark 888, Inc., Applicant.
APN: 321-011-38. (203-02/705-09/705-10)
14.
Award of Purchase Contract in the Amount of $50,994.45 to EW Truck &
Equipment Company, Inc., for the Acquisition of a Mobile Recreation Vehicle.
(601-03)
16.2
Adoption of Resolution No. P-02-57 - Approving Temporary Use Permit 02-106,
Poway High School Homecoming Parade on Titan Way, Friday, October 11,
2002 from 10:00 a.m. to 2:30 p.m., Poway High School Associated Student
Body, Applicant. (203-07)
Motion carried unanimously.
ITEM 1 (701-04)
ORDINANCE NO. 563/SECOND READING
1997-2001 EDITIONS OF BUILDING CODES
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 563,
entitled, "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 incorporates, 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." This item was continued
from September 17, 2002, Item #3. Staff report by City Manager Bowersox. This is the
second reading for the Ordinance updating the most recent ~odes available through the
various code organizations, and it is recommended these be approved as has been
done in the past.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to close the
public hearing, waive further reading (unanimous vote) and .adopt Ordinance No. 563.
Motion carried unanimously on a roll call vote.
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ITEM 2 (203-24/203-10)
MINOR CONDITIONAL USE PERMIT 02-004
MINOR DEVELOPMENT REVIEW 02-48
APPLICANTS: DON AND LEE TARTRE
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox.
This is a request to allow the construction of a new tennis court with 8 light poles on a
developed residential lot, located at 12941 Avenida La Valencia. APN: 275-530-17.
The following people were present wishing to speak:
Bill Seidel, 12866 Indian Trails, spoke in opposition and submitted petitions signed by
30 people.
Don and Lee Tartre, 12941 Avenida La Valencia, applicants, spoke in support.
Terrie Faust, 16163 Del Norte, spoke in support.
Alan Woods, 12927 Avenida La Valencia, spoke in support.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to continue the
public hearing to October 22, 2002. Motion carried unanimously.
ITEM 3 (1002-01)
ENVIRONMENTAL ASSESSMENT 02-19
PROPERTY ACQUISITION
82.14 ACRES ON VAN DAM PEAK
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
The City of Poway was approached by a real estate broker representing the owners of
an 82.14-acre parcel on the south face of Van Dam Peak (APN: 316-020-09), 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 $751,581 and estimated closing, costs are $3,000.
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Councilmember Higginson, to close
the public hearing, issue a Negative Declaration and adopt Planning Resolution No. P-
02-58, entitled, "A Resolution of the City Council of the City of Poway, California,
Approving Environmental Assessment 02-19 and Authorization to Purchase APN: 316-
020-09." Motion carried unanimously.
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ITEM 4 (401-30)
APPROPRIATION OF FUNDING
LAW ENFORCEMENT EXPENDITURES
LOCAL LAW ENFORCEMENT BLOCK GRANT
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
The Fiscal Year 1998 Appropriation Act, Public Law 105-119, provided $523 million for
the continuation of the Local Law Enforcement Block Grants (LLEGB) Program to be
administered by the Bureau of Justice Assistance (BJA), U.S. Department of Justice.
The purpose of the LLEBG Program is to provide funds to units of local governments to
underwrite projects to reduce crime and improve public safety. The previously received
grant funds have been deposited in an interest-bearing account with the County of San
Diego, and the program guidelines now require the City to expend the funds in advance.
Participation in the program requires ten percent matching funds by the City with
expenditures to be reimbursed by the County.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to close the
public hearing and appropriate $26,299 from the General Fund for Law Enforcement
Expenditures of which $23,669 will be repaid from the Local Law Enforcement Block
Grant. Motion carried unanimously.
ITEM 5 (203-13)
COMMUNITY ROAD WIDENING
ENVIRONMENTAL ASSESSMENT 02-11
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
Due to increased traffic volumes and decreasing levels of service, the City is proposing
the widening of Community Road between Kentron Avenue and Aubrey Street from two
to four lanes. In doing so, the widening will require the relocation to the east and
expansion of a 1,300-linear-foot section of Rattlesnake Creek that parallels the road.
The widening from approximately 30 feet to 100 feet will remove Community Road and
the adjoining parcels to the east from the floodway/floodplain. However, the project will
require the acquisition of portions of the parcels adjacent to the east side of the creek to
accommodate the improved channel width.
The following people were present wishing to speak:
Pat Poucher, 14119 Kendra Way, spoke in opposition and inquired about the height of
the sound wall.
Jim Renzi, Village Engineering, El Cajon, representing Michael and Anne Marquez of
14040 Sycamore Avenue spoke in opposition.
Laura Attard, 13758 McKenzie Avenue, requested a sound wall. 7643
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Gaylon Nixon, 14111 Community Road, requested a sound wall.
Mary Phillips, 13929 Olive Mesa, expressed concerns with noise, speeds and additional
truck traffic.
Richard Staiton, 13932 York Avenue and adjacent parcels, .spoke in opposition to the
proposed channel re-configuration and requested Council consider it a full taking rather
than a partial taking of his property.
Axel Schulz, 13824 Wayland Grove Court, spoke in opposition to the entire project.
Jack Edmondson, 14207 Kendra Way, spoke in support with a sound wall.
Evelyn Hupp, 13910 Olive Mesa, requested a sound wall and traffic light at Olive
Meadows and Community.
Michael Marquez, 14040 Sycamore Avenue, expressed concerns with his property
upstream from the proposed project and potential erosion he feels will be caused by the
project.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to close the
public hearing, approve the Negative Declaration with mitigation measures, adopt
Planning Resolution No. P-02-59, entitled, "A Resolution of the City Council of the City
of Poway, California, Approving Environmental Assessment 02-11 and City of Poway
Capital Improvement Project No. 1280 Community Road Widening APNs: 314-201-43
and 44; 314-214-02, 25, 29, 30, 31 and 32; 314-213-19, 20, 21,24 and 33; 314-230-26,
47, 48, 61, 62 and 63; 317-761-13." Motion carried unanimously. Staff to review safety,
traffic, soundwalls, drainage and street lights and bring a report back to Council.
Motion carried unanimously.
ITEM 6 (203-11)
INITIATION OF GENERAL PLAN AMENDMENT 02-02
AMENDING NATURAL RESOURCES ELEMENT
CITY INITIATED TO COMPLY WITH STATE NPDES
Staff report by City Manager Bowersox. The Natural Resources Element of the General
Plan contains policies and strategies relating to natural resources conservation,
including policies and strategies specifically regarding water resources, which are the
subject of the proposed amendment. The General Plan Amendment is necessitated by
the City's need to comply with State requirements contained in a revised National
Pollutant Discharge Elimination System (NPDES) Permit issued to the County of San
Diego, the San Diego Unified Port District, and the 18 incorporated cities within the
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County, including the City of Poway. Included in the Permit is the requirement that the
City assess and update it's General Plan in areas concerning water quality. The
proposed General Plan Amendment will supplement existing policies and strategies to
be consistent with the permit mandates.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to adopt
Resolution No. 02-108, entitled, "A Resolution of the City Council of the City of Poway,
California, Initiating General Plan Amendment 02-02." Motion carried unanimously.
ITEM 7 (405-01)
AUTHORIZATION
2002 CERTIFICATES OF PARTICIPATION
PORTION OF CITY OFFICE BUILDING PROJECT
POWAY PUBLIC FINANCING AUTHORITY
Staff report by City Manager Bowersox. Consistent with the financing plan approved by
the City Council, the City Council and Poway Public Financing Authority are being
asked to authorize the issuance of a maximum of $15,000,000 in Certificates of
Participation to finance the debt portion of the new City Office Building Project.
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to adopt
Resolution No. 02-109, entitled, "A Resolution of the City Council of the City of Poway,
California, Authorizing the Preparation, Sale and Delivery of Not to Exceed $15,000,000
Principal Amount of 2002 Certificates of Participation (City Office Building Project) and
Approving Certain Documents and Authorizing Certairi Actions in Connection
Therewith," and Resolution No. F-02-02, entitled, "A Resolution of the Board of
Directors of the Poway Public Financing Authority Authorizing the Preparation, Sale and
Delivery of Not to Exceed $15,000,000 Principal Amount of 2002 Certificates of
Participation (City Office Building Project) and Approving Certain Documents and
Authorizing Certain Actions in Connection Therewith." Motion carried unanimously.
ITEM 15 (602-01 #408)
LEASE AGREEMENT
OPERATION OF THE LAKE POWAY CONCESSION
LAKE POWAY CONCESSION, INC.
Staff repor'[ by City Manager Bowersox. On January 9, 2001, Council approved the
assignment of the lease for operation of the Lake Poway Concession from the Estate of
Felipe Castro to Dickie Hougan and Potenciana Cynthia Hougan. On January 1,2002,
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Page 8 - CITY OF POWAY - October 8, 2002
the Hougan's incorporated the Lake Poway Concession business as Lake Poway
Concession, Inc. The Alcohol Beverage Control Board (ABC) requires that the lease for
the business be reissued in the name of the corporation in. order for the Hougan's to
receive their ABC license.
Councilmember Goldby requested this item be pulled for discussion and inquired as to
whether there was any conflict with the tenant naming the concession and incorporating
with the same name as Lake Poway. City Attorney Eckis stated he saw no conflict.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to approve the
Lease Agreement for Operation of the Lake Poway Concession with Lake Poway
Concession, Inc. Motion carried unanimously.
ITEM 16.1 (701-11)
APPROVAL OF POSITIONS
NOVEMBER 5, 2002 BALLOT
PROPOSITIONS: 46, 47, 48, 49 and 50
Staff report by City Manager Bowersox. Councilmember Goldby requested this item be
pulled for discussion and stated that he could not support Proposition Nos. 47, 48 or 50.
Motion by Councilmember Goldby, seconded by Mayor Cafagna, to support Proposition
46: Housing and Emergency Shelter Trust Fund Act of 2002 and adopt supporting
Resolution No. 02-110, entitled, "A Resolution of the City Council of the City of Poway,
California, Supporting Proposition 46," and Proposition 49: Before and After School
Programs, State Grants, Initiative Statute. Motion carried unanimously.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to support
Proposition 47: Kindergarten-University Public Education Facilities; Proposition 48:
Court Consolidation and Proposition 50: Water Quality, Supply and Safe Drinking Water
Projects, Coastal Wetlands Purchase and Protection, Bonds, Initiative Statue. Motion
carried 4-1 with Councilmember Goldby voting "no."
CITY MANAGER ITEMS
17.
City Manager Bowersox announced that the new Executive Assistant to the City
Manager, Kim Lemaster, would be starting work next Tuesday, October 15,
2002. He also introduced recently hired Traffic Engineer, Zoubir Ouadah.
CITY ATTORNEY ITEMS
18. City Attorney Eckis requested several Closed Sessions be held as follows:
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Page 9 - CITY OF POWAY - October 8, 2002
Ao
Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code §54956.9(a)
Northwest Pipe v. Kay Construction, City of Poway (Kern Claim)
Conference with Real Property Negotiator
Property: 13536 Aubrey Street, APN: 314-182-34
Negotiating Parties: James L. Bowersox on behalf of the Poway
Redevelopment Agency, Buyer
Gary and Linda Kiszely, Owners/Negotiators
Under Negotiation: Price and Terms of Purchase
Co
Authorizationto negotiatethe partialacquisition of 13932 York Avenue and
the contiguous unimp~ved parcelto 13932 York Avenue:
13930 York Avenue
13900 York Avenue
13892 York Avenue
Conference with Real Property Negotiator
Property: 13932 York Avenue, APN: 314-213-20 and 314-213-19
Negotiating Parties: James L. Bowersox on behalf of the Poway
Redevelopment Agency, Buyer
Richard E. and Sally G. Staiton, Sellers
Under Negotiation: Price and Terms of Purchase
Eo
Conference with Real Property Negotiator
Property: 13930 York Avenue, APN: 314-213-21
Negotiating Parties: James L. Bowersox on behalf of the Poway
Redevelopment Agency, Buyer
John E. and Ilaleah M° Valizan, Sellers
Under Negotiation: Price and Terms of Purchase
F°
Conference with Real Property Negotiator
Property: 13900 York Avenue, APN: 314-213-33
Negotiating Parties: James L. Bowersox on behalf of the Poway
Redevelopment Agency, Buyer
Oscar and Mary Lou Solomon, Sellers
Under Negotiation: Price and Terms of Purchase
Conference with Real Property Negotiator
Property: 13892 York Avenue, APN: 314-213-24
Negotiating Parties: James L. Bowersox on behalf of the Poway
Redevelopment Agency, Buyer
Carlos E. and Myrna R. Jaro, Sellers
Under Negotiation: Price and Terms of Purchase
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Page 10- CITY OF POWAY- October 8, 2002, 2002
MAYOR AND CITY COUNCIL - INITIATED ITEMS
19A.
Deputy Mayor Emery requested and received Council concurrence to have staff
bring back an in depth report on all options; availability, quality and consistency
of reclaimed water from the City of San Diego.
19B. Deputy Mayor Emery inquired as to the availability of AED Training for County
operations at the Poway Library and the Poway SherifFs Station.
City Manager Bowersox advised that the County had purchased AED equipment
and was in the process of setting up training sessions.
19C.
Deputy Mayor Emery requested and received Council concurrence to set up a
sub-committee meeting with the District to discuss their intent and options for use
of the property on the southwest corner of Ted Williams Parkway and Pomerado
Road as a Palomar College plan. Staff was also requested to investigate any
effects of Proposition FF.
20A.
Councilmember Goldby requested and received Council concurrence to put
additional information in Poway Today publications and look into funding for e-
waste (electronic waste) collection in perpetuity at no cost to Poway citizens.
23A. Mayor Cafagna stated he would continue to keep the Council informed on any
updates in the Regional Governance Transition Plans.. (1503-46)
23B.
Mayor Cafagna requested and received Council concurrence for the appointment
of Alana Firl 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 9:55
p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 10:28 p.m. with all Councilmembers
present and adjourned the meeting at 10:29 p.m. on motion by Councilmember Goldby
seconded by Councilmember Higginson. Motion carried unanimously.
Cle~rk
Lorl Anne Peoples, City
City of Poway
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