CC 2002 11-19CITY OF POWAY, CALIFORNA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
NOVEMBER 19, 2002
The November 19, 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
Sherrie Worrell
Robert Clark
Warren Shafer
Niall Fritz
Jim Howell
Deborah Johnson
Mark Sanchez
Linda Barnett
Patti Brindle
Javid Siminou
Danis Bechter
David Narevsky
Bob Krans
Liz Dean
City Manager
Deputy City Manager
City Attorney
Deputy City Clerk
Director of Community Services
Director of Administrative Services
Director of Development Services
Director of Public Works
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
City Planner
City Engineer
Engineering Inspection Supervisor
/NPDES Coordinator
Redevelopment Manager
Fire Division Chief
Management Assistant
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PRESENTATIONS
Mayor Cafagna introduced Faith Ashford of the Trauma Intervention Program
Volunteers, and recognized those volunteers that were present.
PUBLIC ORAL COMMUNICATION
Mayor Cafagna explained the procedure for Public Oral Communications.
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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.
Dee Fleischman, 14428 Midland Road, expressed her views on the equestrian
crossings on Tierra Bonita; the entrance to Community Park; and fees for political signs.
CONSENT CALENDAR
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to approve the
Consent Calendar as follows:
Ratification of Warrant Register for the Period of October 21 - 25, 2002.
(401-10)
Approval of Minutes - City Council
October 22, 2002 - Regular Meeting
October 29, 2002 - Regular Meeting
November 5, 2002 - Canceled Regular Meeting
November 7, 2002 - Canceled Adjourned Regular Meeting
10.
Approval of Appropriation of Funds in the amount of $2,400 for the Acquisition of
Two Tax Defaulted Parcels, APNs: 314-201-38 York Avenue ($1,200); and 321-
040-35 Crocker Road ($650.00) including $550 in processing fees. (1002-01)
11. Status Report on the Domestic Violence Counseling Program.
(1180-05)
12.
Approval of contractual agreement with the City of San Marcos for use of their
Regional Emergency Training Facility. 602-01 #1578)
13.
Adoption of Planning Resolution No. P-02-70 - Rescinding Resolution Nos. P-00-
19 and P-00-88 pertaining to Tentative Parcel Map 99-04 (Whispering Oaks).
APN: 273-100-04. (203-02)
14.
Adoption of Resolution No. 02-117 - 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. 02-103; Resolution No. R-
02-14 - 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-02-12; and
Adopting Resolution No. 02-118 - Approving the Agency's Adoption of their
Amended List of Designated Positions and Rescinding Resolution No. 02-104.
(704-08)
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15.
Adoption of Resolution No. P-02-71 Approving Hillside/Ridgeline Minor
Development Review 02-71, Hector Salgado, Applicant. A request to construct a
3,456-square-foot residence and an attached 1,728~square-foot six-car garage
located at the southeast corner of Eastvale Road and Canyon Pass. APN: 278-
240-21. (203-10)
16.
Rejection of Claims (3) Against the City: 1) Josse Demierre; 2) Charles Schooler;
and 3) Annette Warren. (704-13)
17.
Acceptance of the Community Road Widening and Overlay Project from J.D.
Paving, Inc. (602-01 #1525)
18. Acceptance of the 00-01 Overlay Project from J.D. Paving, Inc. (602-01 #1523)
19.
Response to Public Oral Communications and Assessment of Trees at Haley
Ranch Estates. (1601-10)
20.
Approval of Assignment and Assumption of Lease for Redevelopment Agency
properties to Crisis House, Inc. (602-01 #262R)
20.1
Adoption of Resolution No. 02-119 - Approving a Second Amendment to the
Joint Exercise of Powers Agreement between the County of San Diego and the
Cities of Del Mar, Escondido, Poway, San Diego, and Solana Beach Creating the
San Dieguito River Valley Regional Open Space Park Joint Powers Authority.
(1503-28)
Motion carried unanimously.
ITEM 1 (701-04/1504-15)
ORDINANCE NO. 568/FIRST READING
ANIMAL CONTROL
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 568, "An
Ordinance of the City of Poway California, Repealing Ordinance 197 and Readopting
Chapter 6.12 of the Poway Municipal Code Relating to Animal Control." Staff report by
City Manager Bowersox. The City contracts for animal control enforcement with the
County of San Diego. In order for the County Department of Animal Control to perform
enforcement in Poway, the City's Animal Control Ordinance must be identical to that of
the County of San Diego. The County has adopted revisions to the County Code
relating to guard dog regulations to comply with a new state law. To comply with the
County, the City must adopt the new County Ordinance and Chapters by reference.
There was no one present wishing to speak.
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Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to waive further
reading (unanimous vote), and continue the public hearing to December 3, 2002 for
second reading and adoption. Motion carried unanimously.
ITEM 2 (701-04)
ORDINANCE NO. 569/FIRST READING
STANDARD URBAN STORM WATER
MITIGATION PLAN
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 569, "An
Ordinance of the City of Poway California, Amending Title 16 of the Poway Municipal
Code for Standard Urban Storm Water Mitigation Plan."
Staff report by City Manager Bowersox. On February 21, 2001, the San Diego Regional
Water Quality Control Board issued a revised National Pollutant Discharge Elimination
System Permit to the County of San Diego, the San Diego Unified Port District, and the
18 incorporated cities within the County, including the City of Poway.
One of the components of the JURMP requires the City to develop and implement a
program to address urban runoff pollution issues in development planning for public and
private projects. To address this requirement, the Permit holders collectively developed
a Model Standard Urban Storm Water Mitigation Plan to address post-construction
urban runoff pollution from certain new development and redevelopment projects. The
purpose of this Ordinance is to incorporate, into Title 16, Division VI of the Poway
Municipal Code, a Standard Urban Storm Water Mitigation Plan Ordinance consistent
with the elements of the Model SUSMP.
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Councilmember Goldby, to waive
further reading (unanimous vote), and continue the public hearing to December 3, 2002
for second reading and adoption. Motion carried unanimously.
ITEM 3 (203-11 )
GENERAL PLAN AMENDMENT 02-02
CITY INITIATIED
APPLICANT: CITY OF POWAY
Mayor Cafagna opened the public hearing. 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. This
General Plan Amendment is necessitated by the City's need to comply with State
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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 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 Rexford, seconded by Deputy Mayor Emery, to close the
public hearing, and adopted Planning Resolution No. 02-120. Motion carried
unanimously.
ITEM 4 (203-21)
SPECIFIC PLAN AMENDMENT 84-01 III
SOUTH POWAY SPECIFIC PLAN
LAND USE DESIGNATIONS
SCRIPPS POWAY PARKWAY AND TECH CENTER DR.
APN: 317-280-67
APPLICANT: CITY OF POWAY
Staff report by City Manager Bowersox. This request is to amend the land use
designations on a portion of approximately 31.49-acre parcel located on the southeast
corner of Scripps Poway Park and Tech Center Drive. Approximately 5 acres of the
subject parcel is currently designated South Poway Commercial. The proposed
amendment would change the land use designation on the remaining 26.49 acres from
Light Industrial to South Poway Commercial.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, adopting
Resolution No. 02-121. Motion carried unanimously.
ITEM 5 (1204-13)
SURVEY OF NPDES COPERMITTEES
INSPECTION FEES
INI3iI.O, TRIAI AND C.~MMFRC..IAI FAC. II ITI[:S
Staff report by City Manager Bowersox. The San Diego Regional water Quality Control
Board issued the NPDES Permit Order No. 2001-01 CAS0108758 to San Diego
County, the Port of San Diego, and the 18 cities on February 21, 2001. The Permit
requires that certain industrial and commercial facilities be inventoried, inspected and
monitored by each copermittee. To comply with the Permit, the Poway City Council
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adopted Resolution No. 02-013 approving its JURMP on February 12, 2002. Inspection
fees were authorized by the City Council on April 9, 2002, by Resolution No. 02-034.
On October 15, 2002, Council directed staff to survey the copermittees to determine
whether they charge an inspection fee for industrial and commercial facilities listed in
their JURMPs. The results of the survey indicated that: 1) all of the copermittees have
an inspection program; 2) 11 copermittees hired staff or consultant to meet Permit
responsibilities including inspections; 3) 5 copermittees, including Poway, have
essentially completed their initial inspections; 4) the City of Poway is the only
copermittee considering an inspection fee; and 5) the most common source of funding
reported by copermittees is General Fund or a combination of General Fund and storm
water fees.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, directing staff to
set aside the fee structure that was previously established, absorb the costs into the
present structure; take a look at how the City can implement the inspection fees and
absorb them within the present budget. Motion carried unanimously.
ITEM 6 (602-01 #1575)
LEASE AGREEMENT
JOSE AND TERESA MORENO
SOUTHWEST CORNER
ESPOLA ROAD AND OLD COACH ROAD
APN: PORTION OF 275-791-17
Staff report by City Manager Bowersox. This is a request to lease this parcel from the
City in order to clean-up, landscape and fence the property to be more compatible with
their property. The Moreno's have secured a Covenant Regarding Encroachment
Removal Agreement 2001-348 from the County Water Authority to accommodate their
proposed landscaping and fence. The lease agreement is for a five-year period with
three five-year extension options. The rent will be $300 per year. The easement
document limits improvement activities to landscaping and precludes grading, the
construction of any building or structure, and the parking or storage of vehicles.
There was not one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Mayor Cafagna, to approve the lease
agreement and authorize the City Manager to execute the Agreement. Motion carried
unanimously.
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ITEM 6.1 (602-01 #1164)
PROPOSED AMENDMENT TO
PROGRAMMING AGREEMENT
POWAY CENTER FOR THE
PERFORMING ARTS FOUNDATION
Staff report by City Manager Bowersox. This is a request to approve an amendment to
the two-year Programming Agreement with the Foundation that was originally approved
by the Council on July 10, 2001. The Amendment Agreement will be in effect until June
30, 2003. The Foundation Board is committed to the development and implementation
of strategies that will result in presenting programming that is more financially viable
overall, beginning with the FY % season. Such strategies will include a new business
and financial plan, evaluation of consultant options, staff levels and job descriptions,
and a reduced number of shows with a focus on major productions. In order to keep the
Foundation solvent, it is necessary for the City to: 1) pay off the line of credit by
December 1, 2002 and forgive the Foundation of the obligation to repay the initial
$100,000 with no further draws permitted during FY 02/03; 2) an immediately direct
subsidy of $101,000, with any funds not allocated to FY 03 expenses returned to the
City within two weeks after the close of FY 02/03 and up to $50,000 for the specific
purpose of hiring both a professional performing arts theater consultant and
independent accountant to lead the Foundation in its restructuring; 3) require the
Foundation to provide detailed financial reports to the Community Services Department
on a monthly basis that will include expenditures, revenues and projected cash flow; 4)
require the Foundation to report to the City its specific plan for staffing, fundraising and
program schedule adjustments; and 5) should the financial situation worsen, the City
reserves the right to fully assume administrative duties of the Foundations' operations,
including but not limited to staff, personnel allocation, performance schedule, and
financial manager.
The following people were present wishing to speak:
Mary Karscig, 15923 El Camino Entrada, spoke in opposition.
Betsy McCool, 14443 Maplewood, spoke in favor.
Dorothea Hover-Kramer, 15373 Skyridge, spoke in opposition.
Barbara Lerma, 12877 Carriage Road, spoke in favor.
Peter MacKauf, 17005 Surrey Hills Ct., spoke in favor.
Dale Tartakoff, 12610 Summerfield Lane, spoke in opposition.
Marc Davis, 15956 S. Woodson Dr., Ramona, spoke in favor.
Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to approve
the amendment and authorize the City Manager to forgive and appropriate funds.
Motion carried unanimously with Councilmembers Goldby and Rexford opposed to the
hiring of two consultants.
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ITEM 15 (203-10)
HILLSIDE/RIDGELINE
MINOR DEVELOPMENT REVIEW 02-71
SOUTHEAST CORNER
EASTVALE ROAD AND CANYON PASS
APN: 278-240-21
APPLICANT: HECTOR SALGADO
Mayor Cafagna announced that a member of the public had requested this item be
pulled from the Consent Calendar, however it had not been removed prior to Council's
action.
City Attorney Eckis instructed the Council that the item could be re-opened to hear the
speaker; however action has already been taken.
Motion by Councilmember Higginson, seconded by Deputy Mayor Emery to re-open
Item 15 for discussion. Motion carried unanimously.
The following person was present wishing to speak:
Dorothea Hover-Kramer, 15373 Skyridge, spoke in favor of the project.
Motion by Deputy Mayor Emery, seconded by Councilmember Higginson to
incorporated the recommendation noted in the Additional Materials Staff Report. Motion
carried unanimously.
CITY MANAGER ITEMS
21. City Manager Bowersox invited Council and the public to a Farewell Ceremony of
the Old Poway Oak and the dedication of the Heritage Oak Grove on Saturday,
November 23, 2002 at 9:00 a.m.
CITY ATTORNEY ITEMS
22. City Attorney Eckis requested several Closed Sessions be held as follows:
Ao
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. Bowersox 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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MAYOR AND CITY COUNCIL - INITIATED ITEMS
24.
Councilmember Goldby requested staff look into establishing a "designated
driver" program similar to that of the MADD program, for the City during the
holidays; and to look into the proposed modifications that are being made at the
library pertaining to a meeting room.
26.
Councilmember Rexford requested staff look into the possibility of having the City
logo designed into the flooring in the foyer of the new building.
27A.
Deputy Mayor Emery stated the last two meetings of the Transition Team had
been canceled; however the ad hoc committee would be meeting again on
December 19, 2002.
CLOSED SESSION
Mayor Cafagna adjourned to Closed Session as requested by the City Attorney at 8:55
p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 9:05 p.m. and adjourned the
meeting at 9:06 p.m. on motion by Councilmember Goldby, seconded by
Councilmember Higginson. Motion carried unanimously.
Sherrie D. Worrell, Deputy City Clerk
City of Poway
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