CC 2002 10-22CITY OF POWAY, CALIFORNA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
OCTOBER 22, 2002
The October 22, 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
Niall Fritz
Jim Howell
Deborah Johnson
Bob Krans
Leonard Zuniga
Patti Brindle
Javid Siminou
Scott Edwards
City Manager
Deputy City Manager
City Attorney
City Clerk
Director of Administrative Services
Director of Development Services
Director of Public Works
Director of Redevelopment Services
Fire Division Chief
SherifFs Lieutenant
City Planner
City Engineer
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PROCLAMATIONS
Mayor Cafagna presented a Proclamation declaring Red Ribbon Week as October 23-
31, 2002 to Nadine Linares, a parent volunteer with PUSD for the past 13 years.
PUBLIC ORAL COMMUNICATION
Mayor Cafagna explained the procedure for Public Oral Communications.
The following person was present wishing to speak:
R.W. "Nick" Stavros, 13639 Jackrabbit Road, expressed his views on miscellaneous
traffic and parking issues.
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CONSENT CALENDAR
A member from the public requested Item 12 be removed from the Consent Calendar
for discussion. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford,
to approve the remainder of the Consent Calendar as follows:
Ratification of Warrant Register for the Period of September 23-27, 2002.
(401-10)
Approval of Minutes - City Council
September 17, 2002 - Regular Meeting
September 24, 2002 - Canceled Regular Meeting
October 1,2002 - Canceled Regular Meeting
Rejection of three (3) Claims Against the City: Pacific Bell, Patricia Ellefsen and
Neil A. Kane. (704-13)
Acceptance of the 2001-2002 Pedestrian Ramp Project (#1262) from CDM
Construction. (602-01 #1526)
10.
Rejection of Bids for the Construction of the Poway Creek Access Ramp Project
(#1436). (601-03)
11.
Award of Wastewater Collection Access Manhole Rehabilitation Program (Bid
No. 03-010)to Inland Concrete Enterprises, Inc. in the amount of $108,328.46.
(602-01 #1571)
12.1
Authorization to Add a Subcontractor, Native Resources International, to Phase 1
of the City Office Building, Project #1539, Bid No. 03-003, Iron Home Grading,
Inc., Contractor. (1601-01)
Motion carried unanimously.
ITEM 1 (203-24/203-10)
MINOR CONDITIONAL USE PERMIT 02-004
APPLICANT: DON AND LEE TARTRE
Mayor Cafagna opened the public hearing. Staff report 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.
(Continued from October 8, 2002, Item #2)
There was no one present wishing to speak.
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Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to continue
the public hearing to November 12, 2002 to allow time for a neighborhood meeting.
Motion carried unanimously.
ITEM 2 (203-08)
ANNUAL REVIEW
CONDITIONAL USE PERMIT/RECLAMATION PLAN 89-05
APPLICANT: VULCAN MATERIALS COMPANY (CALMAT)
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
Resolutions for CUP/Reclamation Plan 89-05 approved in July/August 1991 require an
annual review of the Vulcan Materials (formerly known as CalMat) aggregate
extraction/processing operation located at 13501 Kirkham Way. The annual monitoring
conducted by staff and the Vulcan Materials Company has demonstrated their
conformance with certain conditions of approval, while others are in process or remain
to be completed. Vulcan resumed only the concrete batch plant operations in May 1998
and expects aggregate operations to begin in early 2004.
The following person was present wishing to speak:
Kelly Hutchinson, 11225 Beeler Canyon Road, expressed her concerns with the lack of
adherence to the existing CUP requirements.
Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to close the
public hearing and receive and file the annual report, noting that the Reclamation Plan
may require updating by August 2003. All Creek Road residents to be notified of any
future items concerning the plant. Motion carried unanimously.
ITEM 3 (203-21)
INITIATION OF SPECIFIC PLAN AMENDMENTS
SPA 84-01XX, SPA 84-01EEE, SPA 84-01FFF
SPA 84-01GGG, SPA 84-01HHH
SOUTH POWAY SPECIFIC PLAN
LAND USE DESIGNATION CHANGES
DEVELOPMENT STANDARDS MODIFICATION
UNDERGROUND PARKING GARAGES
Staff report by City Manager Bowersox. Five requests to amend the South Poway
Specific Plan (SPSP) have been submitted to the City. SPA 84-01FFF involves a
request to amend the development standards to allow underground parking when
provided within a two-story building. SPA 84-01XX, SPA 84-0IEEE, SPA 84-01GGG
and SPA 84-01HHH are requests to change the SPSP land use designation of the
subject properties from Light Industrial (LI) to Industrial Park. (IP). The City's Municipal
Code requires that Specific Plan Amendments go before the City Council for initiation.
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The following people were present wishing to speak in support:
Greg Lowry, 16980 Via Tazon, San Diego, representing R.L. Holdings, owner.
Bruce Steingraber, 24665 Rancho Santa Teresa, Ramona, architect.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to adopt
Resolution No. 02-112, entitled, "A Resolution of the City Council, of the City of Poway,
California Initiating Specific Plan Amendments 84-01XX, SPA 84-0IEEE, SPA 84-
01FFF, SPA 84-01GGG, and SPA 84-01HHH." Motion carried unanimously.
ITEM 4 (1207-01)
AMENDMENT
COUNTY TRANSIT SYSTEM DIVESTITURE AGREEMENT
POWAY AIRPORTER TRANSPORTATION DEVELOPMENT ACT (TDA) SUBSIDY
Staff report by City Manager Bowersox. The Metropolitan Transportation Development
Board (MTDB) has taken action to discontinue the Transportation Development Act
(TDA) subsidy and service for the Poway Airporter. The' transit subsidy per rider,
between one and five dollars, is based on the total number of people traveling in the
group. The current fare for one person, traveling one way, is $24 with a $2 TDA
subsidy. Poway customers therefore pay an overall fare of $22. Cloud 9 is committed
to entering into an agreement with the City of Poway and to hold the passenger rates at
the existing levels in exchange for the City's in-kind support of the Airporter Service.
Formal concurrence by the City Council is necessary for this to occur.
The following person was present wishing to speak:
Louis Tooch, 14105 Powers Road, stated he uses the shuttle and requested Council
consideration of keeping the price the same and continuing the service.
Deputy Mayor Emery recognized MTDB representative, Toni Bates, Director of Planning
and Development, who was present in the audience.
Motion by Deputy Mayor Emery, seconded by Councilmem'ber Higginson, to approve
the amendment to agreement to waive the Poway ^irporter TDA subsidy and service.
Motion carried unanimously.
ITEM 12 (1403-11/701-09)
REMOVAL OF THE POWAY OAK TREE
DESIGNATING POWAY OAK OPEN SPACE PARCEL
AS HERITAGE GROVE
This item authorizes the removal of the Poway Oak Tree, and designates the trees
within the Poway Oak Open Space Parcel as a Heritage Grove in the City of Poway.
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The following person was present wishing to speak:
Dee Fleischman, 14428 Midland Road, spoke in support.
Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to adopt
Resolution No. 02-113, entitled, "A Resolution of the City Council of the City of Poway,
California, Authorizing the Removal of the Poway Oak Tree, and Designating Heritage
Trees in the City of Poway." Motion carried unanimously.
CITY MANAGER ITEMS
13. City Manager Bowersox provided an update on the Water Transfer Agreement.
CITY ATTORNEY ITEMS
14A.
City Attorney Eckis requested a Closed Session, Conference with Legal Counsel
- Threatened Litigation Pursuant to Government Code §54956.9(c), Number of
potential cases: 1.
MAYOR AND CITY COUNCIL - INITIATED ITEMS
19A.
Mayor Cafagna announced that the Transition Team for the merger of the transit
planning and construction function of SANDAG, MTDB, and NCT had been
appointed and Deputy Mayor Emery will be the Poway representative. The first
meeting will be held Friday, October 25, 2002. (1503-46)
CLOSED SESSION
Mayor Cafagna called for Closed Session as requested by the City Attorney at 7:45
p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 8:06 p.m. with all members present
and adjourned the meeting at 8:07 p.m. on motion by Councilmember Rexford,
seconded by Deputy Mayor Emery. Motion carried unanimously.
Lort Anne Peoples, City Cler~
City of Poway
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