CC 2002 11-12CITY OF POWAY, CALIFORNA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
NOVEMBER 12, 2002
The November 12, 2002, regular meeting of the City Council of the City of
Poway, was called to order at 7:00 p.m., by Deputy Mayor Emery at the Poway
Community Library - Meeting Room, 13137 Poway Road, Poway, California.
COUNCILMEMBERS PRESENT
Bob Emery, Jay Goldby, Don Higginson, Betty Rexford
COUNCILMEMBERS ABSENT
Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Steve Eckis
Sherrie Worrell
Robert Clark
Niall Fritz
Jim Howell
Dennis Quillen
Mark Sanchez
Linda Barnett
Peter Moote
Ingrid AIverde
Patti Brindle
Javid Siminou
Jason Martin
Scott Edwards
City Manager
Deputy City Manager
City Attorney
Deputy City Clerk
Director of Community Services
Director of Development Services
Director of Public Works
Assistant Director of Public Works
Director of Safety Services
Sheriff's Captain
Deputy Director of Administrative Services
Economic Development Manager
City Planner
City Engineer
Senior Planner
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Councilmember Higginson led the Pledge of Allegiance.
PRESENTATIONS
Deputy Mayor Emery presented a Certificate of Commendation to Assemblywoman
Charlene Zettel for her donation of Red Ribbon Week supplies to the Poway Unified
School District.
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Bob Beavers, of the Kiwanis Club of Poway, presented a coverlet Poway blanket to the
Council on behalf of the Kiwanis of Poway.
PUBLIC ORAL COMMUNICATION
Deputy Mayor Emery explained the procedure for Public Oral Communications.
The following people were present wishing to speak:
Richard Staiton, 13932 York Ave., expressed his views on the partial acquisition of
13932 York Avenue for the Community Road Phase II project.
Erik Bruvold, 401 B Street #1100, San Diego, representing the San Diego Regional
Economic Development Corporation, provided an overview of the 1st Quarter report.
Ann Laux, 12710 Roca Grande Dr., expressed her views on the speed limit on Tierra
Bonita Road.
Bill Cross, 13105 Corona Way, introduced the new Executive Director of the Weingart
Senior Center, Sherrie Bagley.
Noela Montfort, 14025 Tierra Bonita Rd., expressed her views on the speed limit on
Tierra Bonita Road.
Michael Rothbart, 14441 Range Park Rd., expressed his views on the speed limit on
Tierra Bonita Road.
Robert Coates, 12710 Roca Grande, expressed his views on the speed limit on Tierra
Bonita Road.
CONSENT CALENDAR
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to approve
the Consent Calendar as follows:
Ratification of Warrant Register for the Periods of October 7 - 11 and October 14-
18, 2002. (401-10)
Approval of Minutes - City Council
October 15, 2002 - Regular Meeting
Approval of Minutes - Poway Public Finance Authority
January 8, 2002 - Regular Meeting
October 8, 2002 - Regular Meeting
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10.
11.
- CITY OF POWAY - November 12, 2002
Approval of City's Investment Report as of September 30, 2002. (408-01)
Approval of Grant of Easement to Maintenance Warehouse for underground
communication conduits within the City property located south of Sabre Springs
Parkway. APN: 316-230-06. (1001-01 )
12. Award of Bid for the Structural Steel Portion of the City Office Building Project
(#1539) to Artimex Iron Company, in the amount of $936,500. (1601-01)
13. Adoption of Resolution No. P-02-66 - Approving Hillside/Ridgeline Minor
Development Review 01-46, P.H. Bonaguidi, Applicant. A request to construct a
4,650-square-foot residence and detached 875-square-foot guest/pool house
located at 16041 Eucalyptus Heights Road. APN: 321-111-15 (203-10)
14. Appropriation of $31,237.36 from the California Law Enforcement Equipment
Program's Unappropriated Fund Balance to the Water Treatment Plant Security
Camera Project for the purchase of security cameras at the Lester J. Berglund
Water Treatment Plant from Vale Surveillance Systems. (601-04/401-30)
16. Approval of the Creation of a New Job Description of Temporary Firefighter
Trainee and authorization to hire three new Firefighter Trainees. (503-03)
16.1 Approval of appointment of the Assistant Director of Public Works to serve as the
Second Alternate to the Metropolitan Wastewater Joint Powers Association.
(602-01 #1371)
Motion carried 4-0 with Mayor Cafagna absent.
ITEM 1 (701-04/602-01 #9)
ORDINANCE NO. 564/SECOND READING
DEATH BENEFITS
PERS CONTRACT AMENDMENT
Deputy Mayor Emery opened the public hearing and read the title of Ordinance No. 564,
"An Ordinance of the City of Poway, California, authorizing an amendment to the
contract between the City Council and the Board of Administration of the California
Public Employees' Retirement System."
Staff report by City Manager Bowersox. This Ordinance will ensure that the spouse of a
deceased member, who was eligible to retire for service at the time of death, may elect
to receive the Pre-Retirement Optional Settlement 2 Death Benefit in lieu of the lump
sum Basic Death Benefit. First reading was held on October 15, 2002.
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There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Councilmember Goldby, to close the
public hearing, waive further reading (unanimous vote) and adopt Ordinance No. 564.
Motion carried 4-0 with Mayor Cafagna absent on a roll call vote.
ITEM 2 (203-24/203-10)
MINOR CONDITIONAL USE PERMIT 02-004
APN: 275-530-17
APPLICANT: DON AND LEE TARTRE
Deputy Mayor Emery 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, October 22, 2002, Item #1)
The following people were present and spoke in support of the project:
Lee Tartre, 12941 Avenida La Valencia
Laurie Connable, 13003 Avenida La Valencia
Chris Tartre, 12941 Avenida La Valencia
BJ Utgard, 13011 Avenida La Valencia
John Puhek, 12944 Avenida La Valencia
Motion by Councilmember Higginson, seconded by Councilmember Rexford, to close
the public hearing, and adopted Planning Resolution No. P-02-67, approving with
conditions. Motion carried 4-0 with Mayor Cafagna absent.
ITEM 3
(203-06/203-14/203-04)
ENVIRONMENTAL ASSESSMENT 02-25
MAJOR USE PERMIT P-65-165(M)
DEVELOPMENT REVIEW 02-20
VARIANCE 02-11
APNs: 314-220-66 THROUGH 68
APPLICANT: CITY OF POWAY
Deputy Mayor Emery opened the public hearing. Staff report by City Manager
Bowersox. This is a request to relocate 4 existing mobile home unit spaces located at
15002 through 15008 Orchid Avenue to 2 vacant properties located at 14025 and 14041
Brighton Avenue. The request includes a Variance to allow for an 8-foot-high wall along
the western boundaries of Poinsettia Mobile Home Park north of Edgemore Street, to
allow the mobile home unit spaces to maintain an approximately 2,772-square-foot lot
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size where a 4,000-square-foot lot size is required, a 44-foot lot width and 63-foot lot
depth where a 50-foot lot width and 75-foot lot depth are required, and to allow the
mobile home units to observe a 3-foot side and front yard setback where a 15-foot front
and 5-foot side yard setback are required in the Mobile Home Park Zone.
The following person was present wishing to speak:
Bill Cross, 13105 Corona Way, spoke in opposition to the project.
Motion by Councilmember Higginson, seconded by Councilmember Rexford, to close
the public hearing, and adopt Planning Resolution No. P-02-68 with conditions. Motion
carried 4-0 with Mayor Cafagna absent.
ITEM 4 (203-13)
ENVIRONMENTAL ASSESSMENT 02-26
CIVIC CENTER DRIVE EXTENSION
APNs: 317-472-12, 13, 14, 22 AND 23
APPLICANT: CITY OF POWAY
Deputy Mayor Emery opened the public hearing. Staff report by City Manager
Bowersox. Civic Center Drive is located in the central portion of the City of Poway and
serves as a local road interconnecting residential development, government facilities,
schools, and parks. Traffic associated with all of these community facilities currently
relies heavily on the Bowron Road/Civic Center Drive intersection. The Bowron
Road/Poway Road intersection is designed to provide for right turn only movements.
The proposed road widening and extension will provide improved circulation to the
immediate area by providing direct access to a lighted intersection at Poway Road. The
project will also extend and interconnect roadways, bike lanes, and sidewalks between
Bowron Road, Civic Center Drive, and Poway Road. The Sheriff may also use the new
intersection as an emergency route. Included in this project will be the modification of
the signage for Community Park with the installation of an archway. The archway along
with the information kiosk would be a part of the improvements of the project.
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Councilmember Higginson to close
the public hearing, approving the Environmental Assessment and adopt Planning
Resolution No. P-02-69. Motion carried 3-1 with Councilmember Goldby voting "no"
and Mayor Cafagna absent.
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iTEM 5 (203-11)
INITIATION GENERAL PLAN AMENDMENT 02-03
REDESlGNATION OF CERTAIN PARCEL
POINSETTIA MOBILE HOME PARK
AMEND TEXT OF PUBLIC SAFETY ELEMENT
CORRECTION OF ERRORS IN GPA/ZC 93-01 AND
GPNZC 02-01 - CITY INITIATED
Staff report by City Manager Bowersox. This report initiates a request for a General
Plan Amendment to redesignate certain parcels in the Poinsettia Mobilehome Park from
MHP to CG and from RS-7 to MHP; to amend the text of the Public Safety Element
deleting reference of the location of Fire Station #3 in the South Poway Business Park;
and the correction of clerical errors made in GPA/ZC 93-01 and GPA/ZC 02-01.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Rexford, adopting
Resolution No. 02-116. Motion carried 4-0 with Mayor Cafagna absent.
CITY MANAGER ITEMS
17.
City Manager Bowersox congratulated Councilmembers Higginson and Rexford,
and Mayor Cafagna on their re-election to their respective offices.
CITY ATTORNEY ITEMS
18. City Attorney Eckis requested several Closed Sessions be held as follows:
Conference with Real Property Negotiator
Government Code §54956.8
Property: 12430 Poway Road, APN: 317-540-73
Negotiating Parties: James L. Bowersox on behalf of the Poway
Redevelopment Agency, Buyer
G. William Dunster, Seller
Under Negotiation: Price and Terms of Purchase
Bo
Conference with Real Property Negotiator
Government Code §54956.8
Property: 13932 York Avenue, APN: 314-213-20 and 314-213-19
Negotiating Parties: James L. Bowerso× on behalf of the Poway
Redevelopment Agency, Buyer
Richard E. and Sally G. Staiton, Sellers
Under Negotiation: Price and Terms of Purchase
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C. Conference with Real Property Negotiator
Government Code §54956.8
Property: 13868 York Avenue, APN: 317-230-47, 48 and 61
NE Corner of Community Road and Ketron Avenue
APN: 314-230-62 and 314-761-13
Negotiating Parties: James L. Bowersox on behalf of the Poway
Redevelopment Agency, Buyer
Aurora J. Puertollano and AJP Properties, Inc.,
Sellers of 13868 York Avenue
Lee Rensberger, Seller of Property at the NE Corner
of Community Road and Ketron Avenue
D. Conference with Legal Counsel
Pending Litigation pursuant to Government Code §54956.9 (a)
Rincon Del Diablo v. SDCWA, Poway
San Diego Superior Court Case No. GIC 798230
City Attorney Eckis announced that Item 18D could be held as an open session. This
item is a lawsuit that has not been filed against the City but against the SD County
Water authority by several of its member agencies in the northerly portion of the County.
These agencies challenged the ordinance, which establishes a new transportation rate
for moving water through its system. These agencies contend the rate is too high, since
most of the water comes from the north, therefore a rate system, which takes into
consideration the distance the water authority has to transport the water should be
established. This is a concern to the City since we are a member agency. City Attorney
Eckis explained that the City has not been named or sued in this case, but the Court
ordered we be notified since we are a member agency. City Attorney Eckis
recommended Council refer this case to the City Attorney to monitor and defend should
the need arise.
Motion by Councilmember Goldby, seconded by Councilmember Higginson, to refer this
case to the City Attorney to monitor and defend should the need arise. Motion carried
4-0 with Mayor Cafagna absent.
City Attorney Eckis stated that he would not be entering the City into an Amicus Brief
with Barden v City of Sacramento regarding the accessibility of sidewalks under ADA.
City Attorney Eckis stated that the City is 99% in compliance with the ADA
requirements.
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MAYOR AND CITY COUNCIL - INITIATED ITEMS
19A.
Deputy Mayor Emery requested this item be placed on the Agenda so that
Council could consider the preservation of the Bowron House at Welton Lane
and Poway Road. Deputy Mayor Emery requested that staff look at the house to
determine if it is worth saving.
Lorraine E. Hollimon, 13250 Olive Tree Lane, stated she owned this property,
and that she has tried to get the property placed on the historical register since
1992 to no avail.
City Attorney Eckis recommended that Council not take any action on this item at
this time as the property owner is going through the process with staff to
determine the status of the building. Once the status has been determined,
action can be taken by Council under the formal process.
Council concurred with the City Attorney's recommendation.
20. Councilmember Goldby requested staff research the type of lighting used in the
City of Lakeside wherever equestrian crossings are located and the possibility of
installing something similar in Poway.
21. Councilmember Higginson reported that he was continuing to work with the Valle
Verde neighborhood on traffic issues.
22.
Councilmember Rexford requested staff look into the relocation of the printing
press currently located at the Historical Society; and her concern over phone
calls she has been receiving in regards to the funding of the Poway Center for
the Performing Arts Foundation.
CLOSED SESSION
Mayor Cafagna called for Closed Session as requested by the City Attorney at 7:45
p.m.
CALL TO ORDER AND ADJOURNMENT
Deputy Mayor Emery called the meeting back to order at 9:18 p.m., with all member
present with the exception of Mayor Cafagna who was absent.
City Attorney Eckis announced that on Item 18A, Council approved the appraisal and
directed the Negotiator with respect to the matter to proceed with negotiations; Item
18B, the Council continued this closed session for one week and provided direction to
the City Attorney with regard to the matter; and Item 18C, Council approved the
appraisal and directed the Negotiator with respect to the matter.
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Deputy Mayor Emery adjourned the meeting at 9:19 p.m., on motion by Councilmember
Higginson, seconded by Councilmember Rexford. Motion carried 4-0 with Mayor
Cafagna absent.
Sherrie D. Worre~l, Deputy City Clerk
City of Poway
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