CC 2002 10-29CITY OF POWAY, CALIFORNA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
OCTOBER 29, 2002
The October 29, 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
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 Development Services
Director of Public Works
Director of Redevelopment Services
Fire Chief
Sheriff's Captain
City Planner
City Engineer
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PRESENTATIONS
Mayor Cafagna announced that the Presentation of a Certificate of Commendation to
Assemblywoman Charlene Zettel for her donation of Red Ribbon Week supplies to the
Poway Unified School District would be rescheduled for November 12th.
PUBLIC ORAL COMMUNICATION
Mayor Cafagna explained the procedure for Public Oral Communications.
The following person was present wishing to speak:
Lorraine E. Hollimon, 13250 Olive Tree Lane, spoke regarding her request for a demo
permit for her property at 14037 Poway Road.
7662
Page 2 - CITY OF POWAY - October 29, 2002
Sally Gonman Staiton, 13932 York Avenue, spoke regarding the Community Road
widening project.
Pat Bresee, 13120 Pomerado Road, Resident Council President at Brookview Village,
thanked Council for the flag, flag pole and stone, which were presented to them at their
1-year anniversary celebration.
CONSENT CALENDAR
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to approve the
Consent Calendar as follows:
11. Ratification of Warrant Register for the Period of September 30 - October 4, 2002.
(401-10)
12.
14.
15.
16.
16.1
Approval of Minutes - City Council
October 8, 2002 - Regular Meeting
Adoption of Resolution No. P-02-62 - Approving Temporary Use Permit 02-102,
Fall Fest Street Fair, Poway Chamber of Commerce, Applicant: A request to
hold a street fair on Midland Road between Poway Road and Hilleary Place on
Sunday, November 10, 2002, from 10:00 a.m. to 4:00 p.m. (203-07)
Approval of a one-year time extension of the 'Standard Agreement for
Construction of Public Improvements for Tentative Tract Map 89-09, located at
the westerly end of Del Poniente Road; Williams Ranch, Robert H. Williams,
Applicant. APN: 314-840-01-12. (602-01 #1456)
Approval of agreement with Palomar Community College for reimbursement of
training costs to conduct fire academies. (602-01 #1573)
Approval of $500 Community Contribution for the Poway High School Camp
Human-Kind. (1180-05)
16.2 Wet'n Wild Settlement Funds Expenditure Plan Update. (602-01 #1319/#1576)
Motion carried unanimously.
ITEM 1 (701-04)
ORDINANCE NO. 565/SECOND READING
RESPONSIBLE BEVERAGE SERVICE
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 565, "An
Ordinance of the City of Poway, California, Adding Chapter 8.09 to the Poway Municipal
Code Pertaining to Responsible Beverage Service."
7663
Page 3 - CITY OF POWAY - October 29, 2002
Staff report by City Manager Bowersox. As directed by the City Council on May 21,
2002, the City Manager's Office conducted preliminary research concerning a proposed
Responsible Beverage Service (RBS) Training Ordinance in the City of Poway. On
August 20, 2002, the initial findings and proposed RBS Training Ordinance were
presented to the City Council. Following a review and discussion of the material and
proposed Ordinance, the Council directed staff to schedule the RBS Training Ordinance
for the first public hearing, which was held on October 15, 2002.
The following people were present wishing to speak in support:
Patty Dreislein, 10182 Rookwood Street, San Diego, representing the North Inland
Community Prevention Program (NICPP).
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to close the
public hearing, waive further reading (unanimous vote), and adopt Ordinance No. 565.
Motion carried unanimously on a roll call vote.
ITEM 2 (701-04)
ORDINANCE NO. 566/SECOND READING
HOUSE PARTY
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 566, "An
Ordinance of the City of Poway, California, Adding Chapter 9.54 to the Poway Municipal
Code Establishing Adult Responsibility for House Parties at which Underage Drinking or
Drug Use Occurs." Staff report by City Manager Bowersox. As directed by the City
Council on June 11, 2002, the City Manager's Office conducted preliminary research
concerning a proposed House Party Ordinance in the City of Poway. On August 20,
2002, the initial findings and proposed Ordinance were presented to the City Council.
Following a review and discussion of the material and proposed Ordinance, the Council
directed staff to schedule the House Party Ordinance for first public hearing, which was
held on October 15, 2002.
The following people were present wishing to speak in support:
Patty Dreislein, 10182 Rookwood Street, San Diego, representing the North Inland
Community Prevention Program (NICPP).
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to close the
public hearing, waive further reading (unanimous vote) and adopt Ordinance No. 566.
Motion carried unanimously on a roll call vote.
7664
Page 4 - CITY OF POWAY - October 29 2002
ITEM 3 (701-04)
ORDINANCE NO. 567/SECOND READING
COUNCIL APPROVAL
SPECIFIC PLANS AND AMENDMENTS
RESOLUTION OR ORDINANCE
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 567, "An
Ordinance of the City of Poway, California, Amending Sections 17.47.060, 17.47.070
and 17.47.090 of the Poway Municipal Code to Allow City Council Approval of Specific
Plans and Amendments to Specific Plans by Resolution or Ordinance (Zoning
Ordinance Amendment 02-01)." Staff report by City Manager Bowersox. This
Ordinance would allow the City Council to adopt a Specific Plan or Specific Plan
Amendment by Resolution or Ordinance. Currently, the Municipal Code allows their
adoption by Resolution only. This amendment is recommended by the City Attorney to
improve the ability to enforce the development standards and zoning districts
established under the South Poway Specific Plan. First reading was held on October
15, 2002.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to close the
public hearing, waive further reading (unanimous vote) and adopt Ordinance No. 567.
Motion carried unanimously on a roll call vote.
ITEM 4 (704-10)
PUBLIC NUISANCE
13110 VIA DEL TORO
OWNER: KEEFER REVOCABLE LIVING TRUST
Councilmember Higginson stated that he would abstain from participation on this item
as his residence is nearby.
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a public hearing pursuant to Chapter 8.72 of the Poway Municipal Code to
determine whether the trash, junk, miscellaneous debris an~l inoperable vehicle that is
on the property at 13110 Via del Toro are a nuisance and whether to order the removal
of it. Should the owner fail to do so in the time allotted, the City would complete the
work and put a lien on the property for the costs of the work. The building permit for re-
roofing on the structure has expired and the work on the roof is not finished. This
matter will be handled as a separate code enforcement issue and will not be part of the
public nuisance hearing.
The following person was present wishing to speak:
Howard Bossert, 16414 Calle Ana, spoke in support of the City action.
7665
Page 5 - CITY OF POWAY - October 29, 2002
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to close the
public hearing and adopt Resolution No. 02-114, entitled, "A Resolution of the City
Council of the City of Poway, California, Declaring the Property at 13110 Via Del Toro a
Public Nuisance, Ordering the Removal of all Trash, Junk, Miscellaneous Debris, and
an Inoperable Vehicle Assessor's Parcel Number 275-360-13." Motion carried 4-0 with
Councilmember Higginson disqualified.
ITEM 5 (203-08/203-14)
ENVIRONMENTAL ASSESSMENT
CONDITIONAL USE PERMIT 02-11
DEVELOPMENT REVIEW 02-16
APPLICANT: NER TAMID SYNAGOGUE
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a request to construct a 17,000-square-foot sanctuary/administrative/classroom
building and a 12,000-square-foot multi-purpose building in the 15300 block of
Pomerado Road on the west side of the street. APN: 314-370-37.
The following people were present wishing to speak:
Mark Baker, 11513 Aliento Court, San Diego, Architect for Ner Tamid Synagogue,
spoke in support of the project and responded to questions of the Council.
Molly Cohen, 12730 Monte Vista Road, spoke in support.
Shawn Hodgetts, 15242 Hilltop Circle, spoke in opposition.
Robert Dougherty, 15274 Hilltop Circle, spoke in support.
Gerrit Vander Ziel, 15359 La Manda Drive, spoke in opposition.
Mark Norris, 15141 La Manda Drive, spoke in opposition.
James Nugent, 15266 Hilltop Circle, spoke in opposition.
Harvey Stern, 15218 Hilltop Circle, spoke in opposition.
Jim Gordon, 15382 Via Sansal, spoke in opposition.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to close public
hearing, and adopt Planning Resolution No. P-02-63, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Conditional Use Permit 02-11 and
Development Review 02-16 Assessor Parcel Number 314-370-37," as amended to
include additional conditions regarding the granting of an equestrian/pedestrian
7666
Page 6 - CITY OF POWAY - October 29, 2002
easement, no Temple parking on La Manda, no gate in fence on La Manda, parking lot
lights to be on only during evening activities, lighting shielded from neighbors, minimum
security lighting, discussion of shared parking with St. Michaels on Saturdays, 14
spaces adjacent to Mr. Vander Ziel to be relocated, parking nearest Mr. Vander Ziel to
be chained off from use during week, Mr. Vander Ziel to provide input into wall design -
variance to be considered by Council if needed, gate at the end of the cul-de-sac with
street light. Motion carried unanimously.
ITEM 6 (1002-01 R)
ENVIRONMENTAL ASSESSMENT 02-23
APPROPRIATION OF FUNDS
PROPERTY ACQUISITION
14225 SYCAMORE AVENUE
OWNERS: SANDRA DILLARD
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. On
October 30, 2001, the City Council/Redevelopment Agency authorized staff to negotiate
terms for the acquisition of available flood-prone parcels located within the 100-Year
Floodway of Rattlesnake Creek. Staff has conducted site due diligence on the 0.17-
acre parcel located at 14225 Sycamore Avenue (APN 314-182-46) and, negotiated the
terms of sale in an effort to pursue the development of potential future open space
and/or other recreational uses within the Paguay Redevelopment Project Area. The
entire parcel is located within the 100-Year Floodway of Rattlesnake Creek and a Phase
1 Environmental Assessment has been conducted.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to close the
public hearing, approve the Negative Declaration and adopt Planning Resolution No. P-
02-64, entitled, "A Resolution of the City Council of the City of Poway, California,
Approving Environmental Assessment 02-23 Acquisition of 14225 Sycamore Avenue,
Assessor's Parcel Number 314-182-46." Motion carried' unanimously.
ITEM 7 (1002-01 R)
ENVIRONMENTAL ASSESSMENT 02-24
APPROPRIATION OF FUNDS
PROPERTY ACQUISITION
13536 AUBREY STREET
OWNERS: GARY AND LINDA KISZELY
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. On
October 30, 2001, the City Council/Redevelopment Agency authorized staff to negotiate
terms for the acquisition of available flood-prone parcels located within the 100-Year
Floodway of Rattlesnake Creek. Staff has conducted site due diligence on the 1.50-
acre parcel located at 13536 Aubrey Street (APN 314-182-34) and, negotiated the
7667
Page 7 - CITY OF POWAY - October 29, 2002
terms of sale in an effort to pursue the development of potential future open space
and/or other recreational uses within the Paguay Redevelopment Project Area. Over
95% of the parcel is located within the 100-Year Floodway of Rattlesnake Creek and a
Phase 1 Environmental Assessment has been conducted.
The following people were present wishing to speak:
Brenda Leal, 14215 York Avenue.
Marie Adams, 14211 York Avenue.
Both speakers expressed concerns with future development and the effect it would have
on their properties.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to close the
public hearing, approve the Negative Declaration and adopt Planning Resolution No. P-
02-65, entitled, "A Resolution of the City Council of the City of Poway, California,
Approving Environmental Assessment 02-24 Acquisition of 13536 Aubrey Street
Assessor's Parcel Number 314-182-34." Motion carried unanimously.
ITEM 8 (401-30)
ALLOCATION
29TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
The City of Poway receives an annual allocation of Community Development Block
Grant (CDBG) funds from the United States Department of Housing and Urban
Development (HUD) through the County of San Diego. This report proposes a program
for the use of the FY 2003-04 funding that will be available in Fall 2003, and the hearing
provides an opportunity for public input in accordance with CDBG Guidelines. The City
will receive an allocation of $240,372 in FY 2003-04 CDBG funding for proposed
projects and programs. $37,500 will be allocated for the Affordable Housing Assistance
and Referral Program (#5961); $112,872 for the Housing Rehabilitation Loan Program
(#5971); $80,000 for the Oak Knoll Assessment Study; and $10,000 for the ADA
Compliance Assessment.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to close the
public hearing and approve the allocation of $240,372. Motion carried unanimously.
ITEM 9 (704-10)
STATUS REPORT
ILLEGAL ENCAMPMENT ACTIVITIES
7668
Page 8 - CITY OF POWAY -October 29, 2002
Staff report by City Manager Bowersox. The Council is provided with quarterly reports
on the status of illegal encampment activities within the City. This report represents
information from the third quarter of 2002, covering July through September. This is a
receive and file report.
No objection as filed.
ITEM 10 (602-01 #318R)
AGREEMENT
AFFORDABLE HOUSING ASSISTANCE PROGRAM
ELDERHELP OF SAN DIEGO
Staff report by City Manager Bowersox. The affordable Housing Assistance and
Referral Program was initiated in 1991 and administered by North County Lifeline
through August 2001. Through a competitive selection process, ElderHelp of San
Diego was selected and approved to provide Program services, which commenced in
November 2001. The Redevelopment and Housing Advisory Committee and the
Weingart Senior Center were solicited for input on the potential for a contract extension
with ElderHelp. Consistent with the recommendation of both of the organizations, staff
is recommending a one-year contract with two 1-year extension options. The contract
will be subject to an annual review by Agency staff and the Redevelopment and
Housing Advisory Committee.
There was no one present wishing to speak.
Motion by Mayor Cafagna, seconded by Deputy Mayor Emery, to approve the
appropriation of $35,355 from the Housing Fund and authorizing the Executive Director
to execute a 1-year contract with ElderHelp of San Diego, and adopt Resolution No. 02-
115, entitled, "A Resolution of the City Council of the City of Poway, California, Making
Certain Requisite Findings that the Affordable Housing Assistance and Referral
Program is of Benefit to the Redevelopment Project Area." Motion carried unanimously.
MAYOR AND CITY COUNCIL - INITIATED ITEMS
23A. Mayor Cafagna announced that the Transition Team had held their first meeting
and Deputy Mayor Emery stated that it had gone well. (1503-46)
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 9:27 p.m. on motion by Councilmember
Higginson, seconded by Deputy Mayor Emery. Motion carried ua,3nimously.
Lori Anne Peoples, City Clerk
City of Poway
7669