CC 2001 10-30CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY ~COUNCIL
REGULAR MEETING
OCTOBER 30, 2001
The October 30, 2001, 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 City Council Chambers, 13325
Civic Center Drive, Poway, California.
COUNClLMEMBERS PRESENT AT ROLL CALL
Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Lori Anne Peoples
Steve Eckis
Warren Shafer
Robert Clark
Niall Fritz
Jim Howell
Deborah Johnson
Mark Sanchez
Leonard Zuniga
Dennis Quillen
Javid Siminou
Patti Brindle
Mike Robinson
Dan Cannon
Jennifer Johnson
City Manager
Deputy City Manager
City Clerk:
City Attorney
Director of Administrative Services
Director of Community Services
Director of Development Services
Director of Public Works
Director of Redevelopment Services
Director of Safety Services
Sheriff's Lieutenant
Assistant Director of Public Works
City Engineer
City Planner
Senior Traffic Engineer
Public Works Operations Manager
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Goldby led the Pledge of Allegiance.
PRESENTATION
Mayor Cafagna presented an Employee Suggestion Award for energy savings to replace
incandescent light bulbs with compact fluorescent ilight bulbs at ail City facilities to Tom
Cullifer.
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PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
person was present wishing to speak:
Howard Stacklin, 13249 Tobiasson Road, expressed his views on peace and the war.
CONSENT CALENDAR
Mayor Cafagna noted that a citizen had requested Item #12 be removed from the Consent
Calendar for discussion. Motion by Deputy Mayor Goldby, seconded by Councilmember
Higginson, to approve the remainder of the Consent Calendar as follows:
8. Ratification of Warrant Register for the period: of October 8-12,2001. (401-10)
Approval of Minutes - City Council
October 9, 2001 - Regular Meeting
11. Approval of Donation of Motorcycle to the Sheriff's Museum and Educational
Center.
(1180-05)
13.
Approval of the Budget Review Committee's Recommendation on Funding Library
Operations in FY 01-02 and FY 02-03; and the appropriation of $86,000 from the
Unappropriated General Fund to the Library Endowment Fund. (401-22/205-02)
14.
Adoption of Resolution No. 01-096A - Respecting Authorized Officers Designated to
Execute Public Securities, Instrument of Payment, and Investments on Behalf of the
City, and Rescinding Resolution No. 96-108. (403-04)
15.
Adoption of Resolution No. R-01-10 - Respecting Authorized Officers Designated to
Execute Public Securities, Instrument of Payment, and Investments on Behalf of the
Agency and Rescinding Resolution No. R-87-05. (403-04R)
16.
Adoption of Planning Resolution No. P-01-56 - Comprehensive Sign Program 00-
02, Anytime Sign Systems, Applicant: A request to approve a Comprehensive Sign
Program for the Poway Industrial Center located at 12215-12255 Kirkham Road.
APNs 317-223-11 and 12. (203-15)
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17.
Appointment of Eugenia Keefer, Community Group Representative, to the
Performing Arts Advisory Committee for a one-year pedod beginning October 2001.
(701-09)
Motion carried unanimously.
ITEM 1 (1301-07/602-01 #1500)
AGREEMENT
APAC TECHNOLOGIES
RED LIGHT PHOTO ENFORCEMENT PROGRAM
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
item was initiated on September 25, 2001 and continued to October 9, 2001 and again to
this evening. The Council authorized staff to implement a new red light photo enforcement
program on September 25th. Staff had recommended approval of a contract with APAC
technologies for a three-year initial period, extendable over two additional years. Council
requested that a shorter initial term be developed using a monthly fee structure. The
revised program provides for a shorter initial term with fixed fees. The initial term
recommended is three years with provisions for cancellation after the first 12 and 18 month
periods. It is further recommended that $82,800 (six months fixed fee costs) be
appropriated from the unappropriated General Fund to cover initial program expenses.
The following person was present wishing to speak:
Tony AIIos, 11981 Old Pomerado Road, spoke in opposition to the program.
Motion by Councilmember Higginson, seconded by iCouncilmember Rex'ford, to close the
public hearing; appropriate $82,800 from the General Fund and authorize the City Manager
to execute the agreement with APAC Technologies. Motion carried 4-1 with Mayor
Cafagna voting "no."
ITEM 2 (203-04)
VARIANCE 01-10
APPLICANTS: PAUL AND LAUREL ACOSTA
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. This
is a request to increase the allowable fence height from six feet to eight feet for an existing
unpermitted fence at 12310 Kozy Crest Lane. APN: 314-350-30. Subsequent to the
preparation of the staff report, a letter was received from the applicants requesting that one
of the conditions of approval be deleted. The condition in question is C.3 of Section 3.
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Earlier in 2001, the applicants constructed the eastedy portion of the six-foot-high block
wall that is the subject of Variance 01-10. However, the wall has exacerbated a drainage
problem on the south side of the park. Water is now blocked from flowing onto the
applicant's property. Therefore, a condition was added to the proposed Resolution
requiring that the applicants resolve the drainage problem. The Acosta's state in their
letter, that they feel the subject condition is unrelated to the request for a Variance for
increased wall height.
The following people were present wishing to speak:
Paul and Laurel Acosta, 12310 Kozy Crest Lane, spoke in support of the variance and in
opposition to the condition requiring the drainage problem be corrected.
Development Services Director Fritz and City Engineer Siminou responded to questions of
the Council.
Motion by Councilmember Higginson, seconded by Councilmember Emery, to close the
public hearing and adopt Resolution No. P-01-57, entitled, "A Resolution of the City Council
of the City of Poway, California Approving Variance 01-10 Assessor's Parcel Number 314-
350-30." Motion carried unanimously.
ITEM 3 (704-10)
STATUS REPORT
ILLEGAL ENCAMPMENTS
Staff report by City Manager Bowersox. Staff provides the Council with quarterly reports
on the status of illegal encampment activities within the City. This report represents
information from the third quarter covering July through September, 2001. Staff
recommends the report be received and filed.
Motion by Deputy Mayor Goldby, seconded by Councilmember Rexford, to receive and file
the report. Motion carried unanimously.
ITEM 4 (1204-15)
BUEHLER RESERVOIR LANDSCAPING PLAN
APPLICANT: CITY OF POWAY
Staff report by City Manager Bowersox. This is a follow-up to the October 24, 2000 City
Council report regarding landscaping of the Buehler Reservoir site, addressed as 14350
Danielson Street. A plan to install irrigation and landscaping is presented along with
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the funding sources that include the three telecommunications companies that have been
authorized to locate on the reservoir site. Concerns about landscaping of the reservoir site
had been raised initially at the Council meeting of September 26, 2000, in discussion and
approving Conditional Use Permit (CUP) 00-08 for Sprint PCS to place telecommunications
facilities at the Buehler Reservoir.
There was no one present wishing to speak.
Motion' by Councilmember Emery, seconded by Deputy Mayor Goldby, to approve the
conceptual landscape plan of native materials in combination with tall evergreen trees and
authorize staff to proceed with preparation of final landscape, irrigation plans and
installation of the landscaping. Motion carried unanimously.
ITEM 5 (1110-07)
POWAY ROAD DISTRICT
IDENTIFICATION PROGRAM (SIGNAGE)
Staff report by City Manager Bowersox. The City and Chamber of Commerce co-
sponsored three town meetings earlier this year entitled, "Poway's Road to Success." The
purpose of the meetings was to gather business people, property owners, and surrounding
residents to explain the City's Commercial Rehabilitation Loan Program, what the City is
and is not doing along Poway Road, to hear from others about what is working or not
working for them as business people, and what the City could do to help. One of the main
issues was signage and business identification. The purpose of this report is to obtain
approval on a proposed business district identification program on Poway Road to help
promote businesses within each district. The objective of the proposed signage program
would be to highlight the entry into each district via a unified sign program. Businesses
could help refine their location in advertisements by noting their location; for example,
within the "Town Center District." Development Services Director Fritz and Redevelopment
Agency Director Johnson responded to questions of the Council.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to refer this item
back to staff to bring back a prototype for the Auto District and Town Center District.
Motion carried unanimously.
ITEM 6 (602-01 #318R)
AGREEMENT
ELDERHELP OF SAN DIEGO
AFFORDABLE HOUSING ASSISTANCE
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Introduction by Mayor Cafagna. The Affordable HoUsing Assistance and Referral Program
was initiated in 1991 and administered by North County Lifeline until the current fiscal year,
when they advised the city they were no longer available to provide contract services. A
Request for Proposals for program services was prepared and distributed to five potential
service providers. A Subcommittee was establish;ed to review, evaluate and score the
completed proposals, and conduct interviews with the potential service providers. The
Subcommittee included members from the Redevelopment and Housing Advisory
Committee, Weingart Senior Center and Soroptomist International. Consistent with the
recommendation of the Subcommittee, staff is recommending a new one-year contract with
ElderHelp of San Diego be approved.
Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to approve staff
recommendation and adopt Resolution No. 01-097, 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.
ITEM 7 (1403-11/701-09)
DESIGNATION OF HERITAGE TREES
Introduction by City Manager Bowersox. On April 4, 2000, the Council adopted an Urban
Forestry Ordinance establishing policies, regulationS, and generally accepted standards for
planting, trimming and removal of trees. New provisions in the City's Urban Forestry
Ordinance, including the establishment of a Tree Committee, qualified the City to receive a
designation as a Tree City USA from the California Department of Fire and Forestry in
2000 and 2001. One of the responsibilities of the Tree Committee is to identify Heritage
Trees in the City of Poway for recommendation to the Council. The Tree Committee
established criteria and a list of potential Heritage Trees in the community. Following an
inspection of each candidate tree, the Tree Committee independently rated the candidate
trees. Scores were compiled and each candidate tree ranked. At their August 9, 2001
meeting, the Poway Tree Committee selected those trees ranked one through four as the
final list of Heritage Trees to recommend to the Council.
Poway Tree Committee member, Dee Fleischman, provided the Council with a Powerpoint
presentation recommending the Kent Sycamore, IPoway Oak, Sycamore Grove in Old
Poway Park and Porter's Christmas Tree be designated. The Committee will consider
potential Heritage Trees to be added to the list on an ongoing basis.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to adopt
Resolution No. 01-098 entitled, "A Resolution of the City Council of the City of Poway,
California, Designating Heritage Trees in the City of Poway." Motion carried unanimously.
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ITEM 12 (1207-01)
PROPOSED LOCATIONS
I N STALLATIO N
BUS BENCHES/TRANSIT SCHEDULES
Mayor Cafagna noted that this item had been pulled for discussion by citizen, Dee
Fleischman.
Dee Fleischman, 15070 Pomerado Road, inquired as to whether there would be a shade
structure provided at the stop on Espola Road by Olid Coach and whether a stop would be
located on Pomerado at Kaitz Street.
Motion by Mayor Cafagna, seconded by Councilmember Emery, to approve the proposed
locations for the installation of new bus benches and transit schedule displays. Motion
carried unanimously.
CITY MANAGER ITEMS
18.
City Manager Bowersox noted that the check was received from the Poway
Partners Limited in the amount of $1 million plus approximately $85,000 in interest
for the Wet'N Wild
:* Water Park project that did not come to fruition.
CITY ATTORNEY ITEMS
19.
City Attorney Eckis requested the following Closed Sessions be held:
A. Conference with Real Property Negotiator
Government Code §54956.8
Property: 14303 Sycamore Avenue, APNs 314-182-24,50,51
Negotiating Parties: James L. BowerSox on behalf of the
Poway Redevelopment Agency, Buyer
Rudolph and Maxine Matz Family Trust, Seller
Under Negotiation: Price and Terms of Purchase
Conference with Real Property Negotiator
Government Code §54956.8
Property: 13420 Community Road, APN 317-101-25
Negotiating Parties: James L. BowerSox on behalf of the
Poway Redevelopment Agency, Buyer
Eric Murphy on behalf of E&E Transportation, Inc.,
Seller
Under Negotiation: Price and Terms of Purchase
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Co
Conference with Real Property Negotiator
Government Code §54956.8
Property: 12237 Old Pomerado Road, APNs 317-232-22,36,39
Negotiating Parties: James L. Bowersox on behalf of the
Poway Redevelopment Agency, Buyer
Humam Shihadeh, Seller
Under Negotiation: Price and Terms .of Purchase
Conference with Real Property Negotiator
Government Code §54956.8
Property: 13646 Somerset Road, APNs 314-241-15,16,17
Negotiating Parties: James L. Bowersox on behalf of the
Poway Redevelopment Agency, Buyer
Sybil Crook, Seller
David Crook, Negotiator
Under Negotiation: Price and Terms of Purchase
CLOSED SESSION
Mayor Cafagna called for Closed Session as requested by City Attorney Eckis at 8:25 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 8:59 p.m. with all members present and
adjourned the meeting at 9:00 p.m. upon motion by Councilmember Higginson, seconded
by Councilmember Emery.
L~riJAnne P~ople~ City-cler~
city of Poway
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