CC 2004 10-12
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
OCTOBER 12, 2004
The October 12, 2004, 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
Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
COUNCILMEMBERS ABSENT
Bob Emery
STAFF MEMBERS PRESENT
Jim Bowersox
Penny Riley
Tamara Smith
Jeanne Bunch
Dennis Quillen
Mark Sanchez
Charlie Campe
Niall Fritz
Deborah Johnson
Warren Shafer
Jennifer Johnson
Kristen Crane
City Manager
Assistant City Manager
City Attorney
Interim City Clerk
Assistant Director of Public Works
Director of Safety Services
Sheriff's Captain
Director of Development Services
Director of Redevelopment Services
Director of Administrative Services
Senior Management Analyst
Senior Management Analyst
FLAG SALUTE
Deputy Mayor Higginson led the flag salute.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications. There was no
one present wishing to speak.
CONSENT CALENDAR
Motion by Councilmember Goldby, seconded by Council member Rexford to approve the
Consent Calendar as follows:
6. Ratification of Warrant Register forthe period of September 13-17, 2004. (0475-20)
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7. Approval of Minutes - City Council
September 21, 2004 Regular Meeting
9.
Approval of the City's Investment Report as of August 31,2004.
(0450-80)
10. Approval of Appropriation of Funding for Fiscal Year 2003 State Homeland Security
Grant, Part II. (0490-53)
11. Approval of Appropriation of Funding for Fiscal Year 2003 Urban Area Security
Initiative (Part II) Grant. (0490-53)
12. Adoption of Planning Resolution No. P-04-75, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Comprehensive Sign Program
04-03 - Assessor's Parcel Number 323-090-89," for the Kirkham Ridge Business
Park, located at 14035-14055 Kirkham Way. Kirkham Road, LLC, Applicant.
(0280-20)
13. Adoption of Planning Resolution No. P-04-76, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Comprehensive Sign Program
04-04 - Assessor's Parcel Nos. 323-480-17, 18, 19,20,21,22 & 23, 323-482-21,
22, 23, 24, 25, 26, 27, 28 & 29," for the Scripps Poway Office Park located at
14251-14290 Danielson Street. Mark Wylie, Architectural Sign Source, Applicant.
(0280-20)
14. Approval of Commercial Rehabilitation Loan Program - Settlement Agreements.
(0700-10)
15. Award of Bid for Skyridge Reservoir No.2 (#1747) to CB&I Constructors, Inc. in the
amount of $715,330 and the appropriation of $175,000 from the Unappropriated
Water Fund balance. APN: 278-240-01 (0700-10)
Motion carried 4-0 with Councilmember Emery absent.
STAFF REPORTS
Mayor Cafagna said that Agenda Item 5 would be considered at this time due to the
number of people in attendance.
ITEM 5 (0210-50)
REQUEST FOR REHEARING
MINOR CONDITIONAL USE PERMIT (MCUP) 03-11
BASEEM SYED, APPLICANT
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City Manager Bowersox presented the staff report and staff recommendation that Council
take pubic input and determine whether there is new and different evidence not available at
the September 21,2004 public hearing to justify a rehearing of MCUP 03-11. He said this
is a code compliance issue and seatainers are allowed only as an accessory to a dwelling
unit. He also indicated Mr. Syed has filed 33 complaints regarding illegal seatainers since
Council's denial of his request. Of those, one has been removed and two are currently
being investigated. The others are not in violation of the current ordinance.
The following people spoke in support of the request for a rehearing:
Pervez Mobin, 12441 Dormouse Road, San Diego
Mohammed Memon, 10284 Lone Dove Street, San Diego
Sandra Angotti, 11026 Creekbridge Place, Poway
Sahraf Memon, 10284 Lone Dove Street, San Diego
Azat Badretdinov, 11839 Spruce Run Drive, San Diego
Baseem Syed, 13592 Quiet Hills Drive, San Diego (applicant's representative)
In addition, the following persons indicated support, but did not wish to speak:
Edrees Dalati, 1423 Sandlewood Place, Escondido
Iram Syed, 13592 Quiet Hills Drive, Poway
Teddy Fontanez, 1205 Paraiso Avenue, Spring Valley
The following people spoke in opposition to the request for a rehearing:
Linda Drummond, 13708 Somerset Road, Poway
David Crook, 13674 Somerset Road, Poway
Beth Leipold, 13732 Somerset Road, Poway
Valerie Merrit, 13603 Somerset Road, Poway
In addition, the following persons indicated opposition, but did not wish to speak:
Barbara Roberts, 13711 Somerset Road, Poway
Larry Roberts, 13711 Somerset Road, Poway
Betsy Curtis, 13711 Somerset Road, Poway
J. Anderson, 13711 Somerset Road, Poway
Matt Leipold, 13732 Somerset Road, Poway
William Hanzlik, 13736 Somerset Road, Poway
Betsy Crook, 13674 Somerset Road, Poway
Cindy Cribbins, 13708 Somerset Road, Poway
Elizabeth Drummond, 13708 Somerset Road, Poway
Leonard Misiewicz, 13647 Somerset Road, Poway
Sandra Sheldon, 13917 Eastern Street, Poway
Donald Thorpe, 13669 Somerset Road, Poway
J. Thorpe, 13669 Somerset Road, Poway
Gretchen Roscoe, 13728 Somerset Road, Poway
Scott Roscoe, 13728 Somerset Road, Poway
William Sheldon, 13917 Eastern Street, Poway
Shelby Thorpe, 13669 Somerset Road, Poway
James Reams, 13716 Somerset Road, Poway
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Mayor Cafagna closed the public hearing at this time. Council discussed whether new
evidence was presented. Councilmember Goldby favored the request based on the
following new evidence (1) construction containers are allowed on construction sites, (2)
Mr. Syed indicated construction should begin soon with a spring completion date, and (3)
there are other seatainers on Somerset.
Motion by Deputy Mayor Higginson, seconded by Mayor Cafagna to deny request. Motion
carried 3-1. Ayes: Deputy Mayor Higginson, Council member Rexford and Mayor Cafagna.
Noes: Councilmember Goldby. Absent: Councilmember Emery.
(A brief recess was held from 7:59 p.m. to 8:05 p.m. - All members, except
Councilmember Emery, were present when Council reconvened.)
CONTINUED PUBLIC HEARINGS
ITEM 1 (0240-301#611)
ORDINANCE NO. 611/FIRST READING
2004 AMENDMENT
PAGUAY REDEVELOPMENT PROJECT AREA
Mayor Cafagna opened the public hearing and read the titles of the following ordinance
and resolutions.
(a) Ordinance No. 611, "An Ordinance of the City of Poway, California, Adopting the
2004 Amendment to the Redevelopment Plan."
(b) Resolution No. 04-089, "A Resolution of the City Council of the City of Poway
Adopting the Written Responses to Written Objections to the 2004 Amendment to
the Redevelopment Plan for the Paguay Redevelopment Project," and
(c) Adoption of Planning Resolution No. P-04-77 entitled: "A Resolution of the City
Council of the City of Poway, California, Approving Environmental Assessment 04-
08 for the Paguay Redevelopment Project Area Redevelopment Plan Amendment."
City Manager Bowersox said the proposed amendment extends the time limit for eminent
domain authority in the project area for twelve years.
The following person spoke concerning this amendment:
Ed Schaefer, 15152 Crocker Road, Poway. Mr. Schaefer was advised this amendment
would not apply to his property.
Motion by Councilmember Goldby, seconded by Councilmember Rexford to waive further
reading and continue the hearing to October 26,2004, for second reading and adoption of
the Ordinance, adopt Resolution No. 04-089, and adopt Planning Resolution No. P-04-77."
Motion carried 4-0 with Councilmember Emery absent.
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NEW PUBLIC HEARINGS
ITEM 2 (0210-80-#612)
ORDINANCE NO. 612/FIRST READING
GPA AMENDMENT 04-01; ZONE CHANGE 04-01
SPA 88-01 D; SPA 89-06A: CUP 89-10M(5)
Mayor Cafagna opened the public hearing and read the titles of the following ordinance
and resolutions.
2. (a) Ordinance No. 612 - First reading, entitled, "An Ordinance of the City of
Poway, California Changing the Zoning Classification of Certain Properties (ZC 04-
01) APN's 314-212-02 through 06; 314-220-02, 03, 33-35, & 69; 314-193-39 and a
portion of 40." This is the first reading of a proposed ordinance to amend the land
use designation and zoning of 13-City-owned parcels, or portions thereof, in the Old
Poway area from Commercial General (CG) to Open Space-Recreation (OS-R);
(b) Environmental Assessment/Mitigated Negative Declaration and General
Plan Amendment (GPA) 04-01/Zone Change (ZC) 04-01;
(c) Amendment to the Transportation Element of the Poway General Plan
redesignating Midland Road between Edgemoor Street and Aubrey Street from a 4-
lane Arterial Collector to a 2-lane Local Collector;
(d) Specific Plan Amendment (SPA) 88-01 D, an amendment to the Old Poway
Specific Plan to correct land use and boundary changes associated with General
Plan Amendment/Zone Change 04-01;
(e) Amendment to the Old Poway Town Park Specific Plan (SPA) 89-06A; and,
(f) Modification of Conditional Use Permit 89-1 OM(5) to expand the boundaries
and land uses within Old Poway Park.
The above issues pertain to APN's 314-212-02 through 06; 314-220-02, 03, 33-35,
& 69; 314-193-39 and a portion of 40.
City Manager Bowersox presented the staff report. He said several goals of the Old Poway
Park Master Plan included expansion of its boundaries, introduction of an art center and
related facilities, and reduction in the width of Midland Road. He then reviewed the staff
recommendation.
The following people spoke concerning this public hearing:
Sylvia Bramante, 14043 Sycamore, Poway, regarding how zone change would affect her
property.
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Dee Fleischman, 14428 Midland Road, Poway, regarding the zone change and traffic on
Midland Road.
Motion by Council member Goldby, seconded by Councilmember Rexford to approve the
Environmental Assessment's Mitigated Negative Declaration, waive further reading and
continue the hearing to October 26, 2004, for second reading and adoption and adoption of
resolutions approving GPA 04-01/lC 04-01, SPA 88-010, CUP 89-10M(5), and
amendment to SPA 89-06A. Motion carried 4-0 with Councilmember Emery absent.
ITEM 3 (0210-30)
CONDITIONAL USE PERMIT 04-09
APPLICANT: CINGULAR WIRELESS
Mayor Cafagna opened the public hearing. City Manager Boxersox presented the staff
report. This is a request to install a telecommunications facility consisting of six antennas,
four of which would be mounted inside of a new chimney, and two which would be
mounted in an extension of an existing chimney on an existing commercial building on
property located in the Town Center at 13425 Poway Road (Creekside Plaza on the
Kinko's/Cafe de Thai building).
Darrell Daugherty, representing the applicant, 6161 Cornerstone Ct., #150, San Diego
92121, was available to answer questions.
Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford to close the
public hearing and adopt Planning Resolution No. P-04-78 entitled "A Resolution of the City
of Poway, California, Approving Conditional Use Permit 04-09. Assessor's Parcel Numbers
317-820-07,08 and 09." Motion carried 4-0 with Council member Emery absent.
STAFF REPORTS
ITEM 4 (0200-20)
DEVELOPMENT REVIEW (DR) 04-06
APPLICANT: JRS ARCHITECTURE
City Manager Bowersox presented the staff report and recommendation for approval. This
is a request to construct a two-story, 5,475-square-foot, additional office building on the Del
Norte Terraces office complex, located at 15644 Pomerado Road, in the Commercial
Office (CO) zone. APN: 275-461-07
Motion by Councilmember Rexford, seconded by Councilmember Goldby, to adopt
Planning Resolution No. P-04-79 entitled, "A Resolution of the City of Poway, California,
Approving Development Review (DR) 04-06 Assessor's Parcel Number 275-461-07."
Motion carried 4-0 with Councilmember Emery absent.
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ITEM 5.1 (0780-40)
CONSERVATION EASEMENT DEED
ACCEPTANCE AND RELOCATION
OWNER: ROBERT BOONE APN 321-110-02
Mayor Cafagna said staff requested that this item be removed from tonight's agenda.
Motion by Deputy Mayor Higginson, seconded by Councilmember Goldby to remove this
item from the agenda. Motion carried 4-0 with Councilmember Emery absent.
CITY MANAGER ITEMS
16. City Manager Boxersox introduced Kristen Crane, new Senior Management
Analyst in the City Manager's office.
MAYOR AND CITY COUNCILMEMBERS
19. Councilmember Rexford reported she attended the Old Poway Park's Annual Train
Song Festival last Saturday. She also said the Community Fine Arts Committee
won a "Best in Show" award at the Performing Arts Center. She thanked Jim Howell
for involving her in the opportunity to save some trees on Creek Road.
20. Council member Goldby reported on the successful grand opening of Fire Station 3
last Friday and Saturday.
22. Mayor Cafagna did not provide a Regional Governance update.
(0150-20)
Mayor Cafagna reminded everyone of the dedication and open house of the City
Hall Complex on Saturda~, October 16th and the grand opening of Home Depot on
Wednesday, October 20
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:33 p.m. upon motion by Deputy Mayor
Higginson, seconded by Councilmember Rexford. Motion carried 4-0 with Councilmember
Emery absent.
e Bunch, Interim City Clerk
City of Poway
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