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CC 2002 12-03CITY OF POWAY, CALIFORNA MINUTES OF THE CITY COUNCIL REGULAR MEETING DECEMBER 3, 2002 The December 3, 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 Robert Clark Warren Shafer 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 Community Services Director of Administrative Services Director of Development Services Director of Public Works Assistant Director of Public Works Director of Redevelopment Services Director of Safety Services Sheriffs Captain City Planner City Engineer Sr. Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. NOVEMBER 5, 2002 GENERAL MUNICIPAL ELECTION City Clerk Peoples reported the results of the November 5, 2002 General Municipal Election held to elect a Mayor and two members of the City Council for four year terms and to submit to the voters a measure known as Proposition N pertaining to the increase from six to ten percent of a hotel or motel guest's room rate. She stated that the total number of votes cast was 15,808 out of 27,244 registered voters. Mickey Cafagna received the highest number of votes for Mayor at 10,035. The highest votes received for Member of the City Council were Betty Rexford with 8,975 and Don Higginson with 8,791. Proposition N passed with 7,881 votes in support. 7691 Page 2 - CITY OF POWAY - December 3, 2002 Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to adopt Resolution No. 02-122, entitled, "A Resolution of the City Council of the City of Poway, California, Reciting the Fact of the General Municipal Election Held in Said City on November 5, 2002, Declaring the Result Thereof and Such Other Matters as Provided by Law." City Clerk Peoples administered the Oaths of Office to Councilmembers Betty Rexford and Don Higginson and Mayor Mickey Cafagna. Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to appoint Councilmember Rexford as Deputy Mayor. Motion carried unanimously. PRESENTATION Mayor Cafagna announced that an Employee Service Award to Peter Moote, Deputy Director of Administrative Services for 15-Years, will be presented December 10, 2002. PUBLIC ORAL COMMUNICATION Mayor Cafagna explained the procedure for Public Oral Communications. There was no one present wishing to speak. CONSENT CALENDAR Motion by Councilmember Goldby, seconded by Councilmember Emery, to approve the Consent Calendar as follows: Ratification of Warrant Register for the Periods of October 28 - November 1,2002 and November 4 - 8, 2002. (401-10) Approval of Minutes - City Council November 12, 2002 - Regular Meeting Adoption of the 2003 Calendar for Canceled Meetings, authorizing the cancellation of March 11, April 8, May 27, July 1, July 15, July 29, August 12, August 26, September 9, November 11, November 25, December 23 and December 30, 2003 Regular Meetings. Also, rescheduling the Workshop Meetings of January 2 to January 9 and July 3 to July 10, 2003. (701-01) Approval of Final Map for Tentative Parcel Map (TPM) 01-06; Briehan Haley Housing Assoc. L.P., Applicant. APNs: 317-480-17, 18 and 19 (formerly 317-400- 10 and 13). (203-02) 7692 Page 3 - CITY OF POWAY - December 3, 2002 Approval of Tentative Parcel Map No. 01-04, Ner Tamid Synagogue and Rancho Bernardo Presbyterian Church, Applicants. APN: 314-370-37. (203-02) 10. Adoption of Resolution No. P-02-72 - Approving Temporary Use Permit 02-116, City of Poway, Applicant. A request to hold the annual "Old-Fashioned Christmas in the Park 2002" in Old Poway Park, 14134 Midland Road, Saturday December 14 from 4:30 p.m. to 8:30 p.m. (203-07) 11. Authorization to Release Improvement Bonds for Poway Summit Estates, Tentative Tract Map 89-05, Brett Ames, McCullough-Ames Development, Inc., Bond No. 824875S, which consists of a Performance Bond in the amount of $198,793.00 and a Payment Bond in the amount of $99,396.50. APNs 321-420- 01 thru 15. (602-01 #1404) 12. Award of Contract for the Community Park Adventure Playground Project to CLS Landscape Management, Inc. in the amount of $299,402. (602-01 #1579) 13. Award of Contract for the Playground Renovation Projects for Starridge Park, Lake Poway Park and Sycamore Creek Park to Harbor Bay in the amount of $229,401. (602-01 #1580) Motion carried unanimously. ITEM 1 (701-04/1504-15/1150-01 ) ORDINANCE NO. 568/SECOND 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. Motion by Councilmember Goldby, seconded by Councilmember Emery, to close the public hearing, waive further reading (unanimous vote) and adopt Ordinance 568. Motion carried unanimously on a roll call vote. 7693 Page 4 - CITY OF POWAY - December 3, 2002 ITEM 2 (701-04) ORDINANCE NO. 569/SECOND 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 Goldby, seconded by Councilmember Emery, to close the public hearing, waive further reading (unanimous vote), and adopt Ordinance No. 569. Motion carried unanimously on a roll call vote. ITEM 3 (203-08) CONDITIONAL USE PERMIT 00-08(M)3 TELECOMMUNICATION FACILITY BUEHLER RESERVOIR APPLICANT: AT&T WIRELESS APNs: 323-491-03 AND 323-091-06 Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to install a fourth telecommunications facility consisting of ground- mounted equipment in an enclosure, 6 panel-type antennas flush mounted to an existing water tank, and one GPS antenna in the ground-mounted equipment area at the Buehler Reservoir site located at 14350 Danielson Street. There was no one present wishing to speak. 7694 Page 5- CITY OF POWAY - December 3, 2002 Motion by Councilmember Emery, seconded by Councilmember Higginson, to close the public hearing and adopt Planning Resolution No. P-02-73, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 00-06(M) 3 Assessor's Parcel Numbers 323-491-03 and 323-091-06." Motion carried unanimously. CITY ATTORNEY ITEMS 15. City Attorney Eckis requested the scheduled Closed Session be continued to December 10, 2002. 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 MAYOR AND CITY COUNCIL-INITIATED ITEMS 20. Mayor Cafagna stated that there was no update on the Regional Governance Transition Plan. (1503-46) ADJOURNMENT Mayor Cafagna adjourned the meeting on motion by Councilmember Emery, seconded by Deputy Mayor Rexford, at 7:44 p.m. Motion carried unanimously. Anne Peoples, City City of Poway 7695