CC 2002 04-09 CITY OF POWAY, CALIFORNA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
APRIL 9, 2002
The April 9, 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 City Council Chambers, 13325
Civic Center Drive, Poway, California.
COUNClLMEMBERS PRESENT
Bob Emery, Jay Goldby, Betty Rexford, Mickey Cafagna
COUNClLMEMBERS ABSENT
Don Higginson
STAFF MEMBERS PRESENT
James Bowersox City Manager
Penny Riley Deputy City Manager
Steve Eckis City Attorney
Lori Anne Peoples City Clerk
Warren Sharer Director of Administrative Services
Robert Clark Director of Community Services
Niall Fritz Director of Development Services
Jim Howell Director of Public Works
Deborah Johnson Director of Redevelopment Services
Mark Sanchez Director of Safety Services
Linda Barnett Sheriff's Captain
Javid Siminou City Engineer
Patti Brindle City Planner
Peter Moote Deputy Director of Administrative Services
David Narevsky Redevelopment Manager
Scott Edwards Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
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PRESENTATIONS
Mayor Cafagna presented a $3,000 check to Poway High School's Parent Teacher
Student Association President Rachel Votel, Sioux Duddy, Grad Nite Chair and Cindy
Neal, Grad Nite Co-Chair. Also in attendance were Sr. Class President Jeff Jaro, Sr.
Class Vice President Eric Goko, Sr. Class Secretary Sydni Scheidel, Sr. Class
Treasurer Jessica Vesey, Lindsay Rhine and Megan Duddy.
PROCLAMATION
Mayor Cafagna presented a Proclamation declaring April 2002 as "Fair Housing Month"
to Tom Tremble, Chair of the City's Housing Commission.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications.
The following people were present wishing to speak:
Bill Cross, 13105 Corona Way, introduced the following residents of Orchid Avenue who
had attended the Senior Issues Committee Meeting and expressed concerns with
impacts on their neighborhood from the Brighton Avenue project:
Joyce LeventhaI-Lodado, 15005 Orchid Avenue
Betty McCarty, 15008 Orchid' Avenue
Carol Cartwright, 15002 Orchid Avenue
Diane Bullen, 14095 Orchid Avenue
Mayor Cafagna requested Consent Calendar Item #19 be heard at this time.
ITEM 19 (1601-10)
POINSETTIA SENIOR MOBILEHOME PARK
PARK CLOSURE IMPACT REPORT
Staff report by City Manager Bowersox. The Poway Redevelopment Agency owns the
Poinsettia Senior Mobilehome Park. Staff is proposing the relocation of four
mobilehome spaces. This will require a minor modification to the existing park
boundaries. Redevelopment Agency Director Johnson responded to questions of the
Director's.
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Motion by Coun¢ilmember Rexford, seconded by Deputy Mayor Emery, to receive and
file the report and direct staff to proceed with the actions outlined and to fence the
former Brighton neighborhood. Motion carried 4-0 with Councilmember Higginson
absent.
CONSENT CALENDAR
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to approve the
Consent Calendar as follows:
10. Ratification of Warrant Registers for the periods March 4-8, 2002 and March 11-
15, 2002. (401-10)
11. Approval of Minutes - City of Poway
March 7, 2002 - Adjourned Regular Meeting
March 12, 2002 - Regular Meeting
13. Approval of City's Investment Report as of February 28, 2002. (408-01)
14. Adoption of Resolution No. P-02-13 - Approving Temporary Use Permit 02-18,
City of Poway Community Services, Applicant, to hold the Annual Earth
Day/Arbor Day Celebration at 14134 Midland Road, Old Poway Park, on
Saturday, April 13, 2002, from 9:00 a.m. to 2:00 p.m. (203-07)
15. Award of Bid for the Green Valley and High Valley Water Line Replacement
Project to Hemet Manufacturing Co., Inc., dba Genesis Construction in the
amount of $433,423. (602-01 #1527)
16. Adoption of Resolution No. 02-029 - Authorizing the City Department Head to
Destroy City Records After The Same Are No Longer Required. (304-03)
17. Adoption of Resolution No. 02-030 - Authorizing Congestion Mitigation Air Quality
Grant Project CMLG-5428(010) and Resolution No. 02-031 -Approving Program
Supplement M004 to the Existing Local Agency-State Agreement for Federal-Aid
Projects, and Appropriating $550,000 for Extension of a Fiber Optic Traffic Signal
Communication Line. (401-30)
18. Award of Asphalt Materials Contract to Hanson Aggregates, San Diego, in the
amount of $55,680. (602-01 #1528)
19. Poinsettia Senior Mobilehome Park - Park Closure Impact Report. (1601-10)
(Heard after Public Oral Communications)
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20. Award of Surface Patch Contract to J.D. Paving, Inc. in the amount of $82,413.
(602-01 #1529)
21. Adoption of Resolution No. 02-032 - Commending Eagle Scout Anthony Robert
Okamura. (701-17)
22. Adoption of Resolution No. 02-033 - Ordering the Expungement of Record of a
Notice of Violation Affecting Parcel 3 of Parcel Map No. 4857, Document No.
1995-0376794, as Recorded August 25, 1995 of Official Records, located at
14875 Mina de Ore Road, Harry A. Rodgers, Jr., Owner. APN: 321-111-10.
(704-02)
Motion carried 4-0 with Councilmember Higginson absent.
ITEM 1 (602-01 #309R)
ENVIRONMENTAL ASSESSMENT (02-01)
SITE ACQUISITION/DEMOLITION
13420 COMMUNITY ROAD
E & E TRANSPORTATION
Mayor Cafagna opened the public hearing. This is a request for authorization to
purchase a 6,000-square-foot parcel located at 13420 Community Road from E & E
Transportation, Inc. for Future Affordable Housing. An appropriation of $150,000 is also
requested. This item was continued from February 26, 2002, Item #1 and March 12,
2002, Item CfA.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to close the
public hearing and adopt a Negative Declaration, appropriate $150,000, approve the
First Amendment to the Exclusive Negotiating Agreement and authorize the City
Manager to execute all documents necessary to complete the acquisition. Motion
carried 4-0 with Councilmember Higginson absent.
ITEM 2 (1002-01 R)
ENVIRONMENTAL ASSESSMENT (EA 02-08)
SITE ACQUISITION/DEMOLITION
12430 POWAY ROAD
DUNSTER FAMILY TRUST
Mayor Cafagna opened the public headng. Staff report by City Manager Bowersox.
This is a request for authorization to purchase a 0.15-acre site located at 12430 Poway
Road from the Dunster Family Trust for future development opportunities.
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There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to close the
public hearing, adopt a Negative Declaration and authorize purchase, environmental
assessment, demolition and the City Manager to execute all documents necessary as
approved by the City Attorney. Motion carried 4-0 with Councilmember Higginson
absent.
ITEM 3 (203-08)
CONDITIONAL USE PERMIT 01-15
WIRELESS TELECOMMUNICATION FACILITY
14503 ESPOLA ROAD
APPLICANT: RICHARD CONNER RILEY & ASSOCIATES
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a request for a Conditional Use Permit to allow the installation of a wireless
telecommunications facility consisting of 6 panel-type antennas mounted on 3 flagpoles
measuring 35 feet in height, with related ground-mounted equipment (telephone, radio
and electrical). The subject property is the Poway Soccer Field at 14503 Espola Road.
APN: 321-190-31.
The following people were present wishing to speak:
Kahanah Farnsworth, 14135 Ezra Lane, spoke in opposition.
Robert Meyer, 14119 Ezra Lane, spoke in opposition
Diane Grumbach, 14149 Rio Court, spoke in opposition
David Brennan, 14530 Espola Road, spoke in opposition
Janice Hall, 14153 Ezra Lane, spoke in opposition
Grant Heitman, 9275 Sky Park Court, representing the applicant, spoke in support
Mike Norbeck, 2805 Estrella Vista, spoke in opposition
Ron Farnsworth, 14135 Ezra Lane, spoke in opposition
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to close the
public hearing and adopt Planning Resolution No. P-02-14, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Conditional Use Permit 01-15
Assessor's Parcel Number 321-190-31." Motion carried 3-1 with Councilmember
Higginson absent and Councilmember Rexford voting no.
ITEM 4 (203-08)
CONDITIONAL USE PERMIT 02-01
TELECOMUNICATIONS FACILITY
13350 GREGG STREET
APPLICANT: VERIZON WIRELESS
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Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a request for a Conditional Use Permit to install a telecommunications facility
consisting of antennas mounted to an existing building and ground-mounted equipment
on property located at 13350 Gregg Street. APN: 317-270-40.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to close the
public hearing and adopt Planning Resolution No. P-02-15, entitled, "A Resolution of the
City Council of the City of Poway, California, Approving Conditional Use Permit 02-01
Assessor's Parcel Number 317-270-40." Motion carried 4-0 with Councilmember
Higginson absent.
ITEM 5 (1170-02)
REGULATORY FEE
SURCHARGE TO WATER & SEWER FEES
COMMERCIAL AND INDUSTRIAL BUSINESSES
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. As
a co-permittee in San Diego County subject to Order No; 2001-01 of the San Diego
Regional Water Quality Control Board issued under the authority of the federal Clean
Water Act and NPDES permit, the City is required to enforce federal law to reduce
pollution entering local waterways from developed property. This resolution would add
a surcharge to current water and sewer fees paid by users and occupiers of developed
property to lawfully recover a portion of the costs of compliance with the Order, increase
Development fees, and approve a new regulatory fee for certain commercial and
industrial businesses.
There was no one present wishing to speak,
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to close the
public hearing and adopt Resolution No. 02-034, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving A Regulatory Fee as a Sumharge to
Water and Sewer Fees, Increasing Development Fees, and A New Regulatory Fee for
Certain Commercial and Industrial Businesses, to Recover the Cost to Comply with the
National Pollution Discharge Elimination System (NPDES) Order No. 2001-01." Motion
carried 4-0 with Councilmember Higginson absent.
ITEM 6 (701-04)
FIRST READING/ORDINANCE NO. 556
VACATING THE MINI-PARK EASEMENT
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Mayor Cafagna opened the public hearing and read the title of the ordinance, "An
Ordinance of the City of Poway, California, Vacating the Mini-Park Easement in Lot 2,
City of Poway Tract No. 00-01, Map No. 14230." Staff report by City Manager
Bowersox. The Poway Redevelopment Agency purchased Lot 2 of City of Poway Tract
No. 00-11, Map No. 14230, for the purpose of providing an offsite car storage facility for
car dealerships in Poway. Within a portion of Lot 2 is a Mini-Park Easement dedicated
to the City through the filing of Map No. 14230. To provide adequate area for offsite car
storage and relieve traffic congestion and noise along Poway Road and nearby
residential streets, the Mini-Park easement needs to be vacated. The Vacation is made
pursuant to the requirements of Section 16.16.110 of the Poway Municipal Code.
The following person was present wishing to speak:
Dee Fleischman, 15070 Pomerado Road, made inquiry of staff regarding sidewalks.
Motion by Deputy Mayor Emery, seconded by Mayor Cafagna, to waive further reading
(unanimous vote) and continue the public hearing to April 23, 2002 for second reading
and adoption. Motion carried 3-0 with Councilmember Goldby away from the dais and
Councilmember Higginson absent.
ITEM 7 (1110-07)
POWAY ROAD DISTRICT IDENTIFICATION PROGRAM
Staff report by City Manager Bowersox. This is a request for the design of a Poway
Road District Identification Sign Program. On October 30, 2001, the Council considered
a request for a sign program that included all the land use districts along Poway Road.
Council directed staff to limit the project to a design theme for the Town Center and
Automotive/General Commercial districts.
The purpose of this report is to obtain Council approval on a proposed business district
identification program on Poway Road to help promote businesses within each district.
The objective of the first phase would be to highlight the entry into the Town Center and
Automotive/General Commercial districts. Businesses could further define their location
in promotional advertisements by noting their location; for example, "within the Town
Center District."
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to approve the
expenditure of $15,000 from ClP Project Budget #5293A to finance the design of the
Poway Road District Identification Sign Program. Motion carried 3-0 with
Councilmember Goldby away from the dais and Councilmember Higginson absent.
ITEM 8 (205-04)
FY 2001-2002 MIDYEAR BUDGET AMENDMENTS
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Staff report by City Manager Bowersox. Each year all departments do a midyear
evaluation to determine if budget amendments are necessary.
On June 26, 2001, the Council approved the FY 2001-02 Financial Program and
established a General Fund Budget in which revenues exceeded expenditures by
$341,024. The Financial Program as adopted, established an operating budget of
$50,745,220 and a Redevelopment/Housing Services operating budget of $5,892,690.
In addition, the Program funded $2,418,820 for the City and Redevelopment Agency
capital improvement projects. Although the economy has slowed since the adoption of
the FY 2001-02 budget, it still appears that the budgeted amounts for major revenues
will still be met. Staff is projecting that FY 2001-02 will close with a General Fund
surplus of approximately $1,797,879 and will be compiling an updated five-year fiscal
forecast for the General Fund for consideration at the June 25, 2002 meeting. The
forecast will evaluate the extent to which increasing revenues and the General Fund
surplus are sustainable in future years.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Rex'ford, to receive and
file the report and adopt Resolution No. 02-035, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Midyear Budget Amendments for
Fiscal Year 2001-2002," and Agency Resolution No. R-02-07, entitled, "A Resolution of
the Poway Redevelopment Agency Approving Midyear Budget Amendments for Fiscal
Year 2001-2002." Motion carried 4-0 with Councilmember Higginson absent.
ITEM 9 (1204-13)
STORM WATER MANAGEMENT PROGRAM
The San Diego Regional Water Quality Control Board (SDRWQCB) names the City of
Poway as a Co-permittee under National Pollutant Discharge Elimination System
(NPDES) Permit Order No. 2001-01 adopted on February 21, 2001. The new Permit
mandates Poway to expand its role in storm water pollution prevention. On January 22,
2002 the Council adopted Ordinance No. 552 revising and expanding the City's storm
water management and discharge control program to comply with the new Permit. The
Council also adopted Resolution No 02-013 at their February 12, 2002 meeting,
approving the City's Jurisdictional Urban Runoff Management Plan (JURMP), as
required by the Permit. The operational and fiscal requirements imposed on the City by
the NPDES Permit are outlined in this proposed Storm Water Management Program
report. This Program is designed to satisfy minimum federal, state, regional, and local
regulatory requirements of the NPDES Permit. The Council directed staff to bring back
for consideration and adoption the proposed Storm Water Management Program on
March 26, 2002 and was further continued to April 9, 2002. Staff is recommending the
Council approve the City of Poway's revised Storm Water Management Program and
appropriate $224,822 to fund the costs of the Program for the Fiscal Year. 7506
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Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to approve the
Revised Program and appropriate $224,822 to fund the costs for Fiscal Year 2001-02.
Motion carried 3-1 with Councilmember Goldby voting "no" and Councilmember
Higginson absent.
CITY ATTORNEY ITEMS
24A. City Attorney Eckis requested a Closed Session:
Conference with Legal Counsel
Government Code §54956.9(a)
Pending Litigation
Northwest Pipe Co. vs City of Poway
San Diego Superior Court case No. 785464
MAYOR AND CITY COUNCIL-INITIATED ITEMS
25. Deputy Mayor Emery presented the Council with a Valley School-City of Poway
Partnership Certificate. (1503-06)
26. Councilmember Goldby introduced Gwen Gordon, 17206 Pinot Place and Chris
Mason, 13435 Starridge Street, representing the Teen Issues Committee, who
provided Council with a report of recommended programs to reduce and prevent
substance abuse in Poway. Council concurred to forward the report to the
Poway Unified School District Joint Subcommittee to review and discuss.
(701-09)
29A. Mayor Cafagna and Council discussed SP 1703 and AB 2095 concerning the
proposed Regional Agency. (1503-46)
CLOSED SESSION
Mayor Cafagna called for Closed Sessions as requested by the City Attorney at 9:29
p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 9:41 p.m. with all Councilmembers
present except Councilmember Higginson, and announced that the Council had voted
4-0 to refer the item to the City Attorney for defense.
Mayor Cafagna adjourned the meeting at 9:42 p.m. upon motion by Deputy Mayor
Emery, seconded by Councilmember Rexford. Motion carried 4-0 with Cgqncilmember
Higginson absent. ~~ ~'. ~.~J~,~)..~ ~~L)
'"'(_~ ~,nne Peoples, i3~y C~erk
City of Poway
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