CC 2004 09-21
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
SEPTEMBER 21, 2004
The September 21,2004, 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
Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
Jim Bowersox
Penny Riley
Tamara Smith
Jeanne Bunch
Jim Howell
Mark Sanchez
Charlie Campe
Warren Shafer
Niall Fritz
Deborah Johnson
Paolo Romero
Patti Brindle
City Manager
Assistant City Manager
City Attorney
Interim City Clerk
Director of Public Works
Director of Safety Services
Sheriff's Captain
Director of Administrative Services
Director of Development Services
Director of Redevelopment Services
Management Assistant
City Planner
FLAG SALUTE
Deputy Mayor Higginson led the flag salute.
PRESENTATION
Bob Hemker, Chief Financial Officer for Palomar Pomerado Health, spoke in support of
Proposition BB, which will be on the November 2, 2004 ballot. If approved, the ballot
proposition would raise $496 million to help pay for a $753 million expansion and
improvements to the hospital district's facilities.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
individual was present wishing to speak.
Nick Stavros, 13639 Jackrabbit Road, Poway, questioned the status of upgrading his area
with water lines and fire hydrants.
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CONSENT CALENDAR
Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford to approve the
Consent Calendar as follows:
9. Ratification of Warrant Register for the period of August 23-27,2004. (0475-20)
10. Approval of Minutes - City Council
August 31,2004 Regular Meeting
September 2, 2004 Canceled Adjourned Regular Meeting
13. Rejection of Bids for the 04-05 Citywide Striping I mprovements Project (Bid No. 05-
004) and authorize staff to re-advertise the project for competitive bids. (0480-07)
14. Rejection of four (4) claims against the City - Ronald G. Plumb, Marge Knothe,
Martyn Whittaker and Peggy Troop. (0190-10)
Motion carried unanimously.
CONTINUED PUBLIC HEARINGS
ITEM 1 (0850-65/#608)
ORDINANCE NO. 608/SECOND READING
SETTING SPEED LIMITS
POWAY MUNICIPAL CODE AMENDMENT
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 608 entitled,
"An Ordinance ofthe City of Poway, California, Amending Section 10.32.010 ofthe Poway
Municipal Code to Set Speed Limits in the City of Poway." This item was continued from
September 7,2004. (0850-65/#608)
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Council member Emery to close the public
hearing, waive further reading and adopt Ordinance No. 608. Motion carried 5-0 on a roll
call vote.
ITEM 2 (0210-801#609)
ORDINANCE NO. 609/SECOND READING
SURFACE MINING & RECLAMATION
POWAY MUNICIPAL CODE AMENDMENT
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 609, entitled,
"An Ordinance of the City of Poway, California, Amending Chapter 16.54 of the Poway
Municipal Code Pertaining to Surface Mining and Reclamation (ZOA 84-03)." This item
was continued from September 7,2004. (0210-801#609)
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There was no one present wishing to speak.
In response to Council, City Manager Bowersox said this regulation would only affect those
who choose to do business in conjunction with this act, such as Vulcan Materials.
Motion by Councilmember Goldby, seconded by Councilmember Emery to close the public
hearing, waive further reading and adopt Ordinance No. 609. Motion carried 5-0 on a roll
call vote.
NEW PUBLIC HEARINGS
ITEM 3 (0910-201#610
ORDINANCE NO. 61 OIFIRST READING
ESTABLISH UNDERGROUND UTILITY DISTRICT
NO. 65 & AMEND SECTION 12.48.160
POWAY MUNICIPAL CODE AMENDMENT
Mayor Cafagna opened the public hearing and read the titled of Ordinance No. 610,
entitled, "An Ordinance of the City of Poway, California, Adding Section 12.48.240 to the
Poway Municipal Code to Establish Underground Utility District No. 65 and Amending
Section 12.48.160." (0910-201#610)
No one requested to speak concerning this item.
Motion by Council member Goldby, seconded by Council member Emery to waive further
reading and continue the hearing to October 5, 2004 for second reading and adoption.
Motion carried unanimously.
ITEM 4 (0780-08)
ENVIRONMENTAL ASSESSMENT (EA) 04-04
14146 SYCAMORE AVENUE
MayorlChairman Cafagna opened the public hearing and the staff report was presented by
City ManagerlExecutive Bowersox recommending that the City CouncillRedevelopment
Agency approve the Negative Declaration, adopt Planning Resolution approving
Environmental Assessment and authorize the expenditure of $520,000 from appropriated
2001 TABs Fund, approve the purchase of 14146 Sycamore Avenue (APN 314-201-19)
and authorize the City ManagerlExecutive Director to execute all necessary documents.
No one requested to speak concerning this item.
Motion by Councilmember Goldby, seconded by Councilmember Rexford to close the
public hearing, approve the City Manager's recommendation and adopt Planning
Resolution No. P-04-65. Motion carried unanimously.
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ITEM 5
CONDITIONAL USE PERMIT 04-04
12318 9TH STREET
APPLICANT: VERIZON WIRELESS
(0210-30)
Mayor Cafagna opened the public hearing and City Manager Bowersox presented the staff
report. This is a request to allow for the installation of a telecommunications facility on an
existing mini-storage building located at 12318 9th Street (Security Public Storage), west of
Pomerado Road, in the General Commercial (GC) zone. APN 317-021-24 & 29.
Michael Collier, 5 Park Plaza, #1400, Irvine, CA, representing the applicant, was available
for questions.
Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford to close the
public hearing, approve the City Manager's recommendation and adopt Planning
Resolution No. P-04-66. Motion carried unanimously.
ITEM 6 (0210-30)
CONDITIONAL USE PERMIT 04-12
14057 STOWE DRIVE
APPLICANT: STOWE PROPERTIES, LLC
Mayor Cafagna opened the public hearing and City Manager Bowersox presented the staff
report. This is a request to allow the establishment of a dental office within a multi-tenant
commercial center, located at 14057 Stowe Drive, in the South Poway Commercial (SPC)
zone. APN 323-092-91.
No one asked to speak concerning this hearing.
Motion by Councilmember Goldby, seconded by Councilmember Rexford to close the
public hearing, approve the City Manager's recommendation and adopt Planning
Resolution No. P-04-67. Motion carried unanimously.
ITEM 7 (0210-70)
MINOR CONDITIONAL USE PERMIT (MCUP) 02-03/MDRA 04-102
VARIANCE 04-09
14277 GARDEN ROAD
APPLICANT: ANTHONY NAVARRO
Mayor Cafagna opened the public hearing and City Manager Bowersox presented the staff
report. This is a request for a MCUP approval to allow permanent outdoor display in the
front of Elston's Hay and Grain store and seatainer storage in the rear located at 14277
Garden Road, within the Commercial Neighborhood zone. The applicant also requests a
Variance approval to allow a proposed 396-square-foot hay storage addition to encroach 5-
feet into the required 25-foot side yard setback and proposed security fencing in the
storefront display area to be 6-feet, when the maximum height permitted within the street
side yard setback is 4-feet. APN 323-060-52. 8203
Page 5- CITY OF POWAY - September 21,2004
Jack Carter, architect, 9748 Los Coches Road, #3, Lakeside, Ca., was available for
questions. No one else requested to speak.
Motion by Councilmember Goldby, seconded by Deputy Mayor Higginson to close the
public hearing, approve the City Manager's recommendation and adopt Planning
Resolution No. P-04-68, approving with conditions. Motion carried unanimously.
ITEM 8 (0210-50)
MINOR CONDITIONAL USE PERMIT (MCUP) 03-11
13738 SOMERSET ROAD
APPLICANT: BASEEM SYED
Mayor Cafagna opened the public hearing and City Manager Bowersox presented the staff
report. This is request to allow the use of a 160-square-foot, pre-fabricated, metal storage
structure on residential property located at 13738 Somerset Road in the RS-7 zone. APN
314-241-04.
The following persons spoke in opposition to the request:
Mrs. James Merritt, 13603 Somerset Road, Poway
Lawrence Drummond, 13708 Somerset Road, Poway
Richard Bolander, 23702 Somerset Road, Poway
Larry Roberts, 13711 Somerset Road, Poway
Beth Leipold, 13732 Somerset Road, Poway
David Crook, 13674 Somerset Road, Poway
William Sheldon (did not submit a speaker's slip and did not provide an address)
The following person spoke in support of the request:
Pervez Mobin, 13738 Somerset Road, Poway
The following individuals submitted speaker slips in opposition but did not wish to speak:
Nancie Valkema, 13732 Somerset Road, Poway
Donald Valkema, 13732 Somerset Road, Poway
James Reams, a resident of Somerset Road, Poway
Sandra Sheldon, 13917 Easton Street, Poway
William Hanzlik, 13736 Somerset Road, Poway
Matt Leipold, 13732 Somerset Road, Poway
Shelby Thorp, 13669 Somerset Road, Poway
J. Thorp, 13669 Somerset Road, Poway
Linda Drummond, 13708 Somerset Road, Poway
Elizabeth Drummond, 13709 Somerset Road, Poway
Council discussed the concerns expressed and outlined several findings to support denial
of the request.
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Motion by Councilmember Emery, seconded by Council member Rexford to close the public
hearing and adopt Planning Resolution No. P-04-69 denying the request; and, that the
applicant is required to remove the container from the property immediately. Motion
carried unanimously.
CITY MANAGER ITEMS
15. City Manager Bowersox announced that Warren Shafer, Director of Administrative
Services, was selected to participate in the Las Vegas Senior Golf Tournament in
October.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
19. Councilmember Goldby requested Council discussion concerning the location of a
BMX track in the City.
The following persons requested to speak concerning this item:
Marge Knothe, 13724 Sagewood Drive, Poway, suggested a needs assessment.
Nick Stavros, 13639 Jackrabbit Road, Poway, suggested a site survey.
Dee Fleischman, 14428 Midland Road, Poway, favored such a facility being
implemented by a private developer, expressed concerns with safety, lighting,
fencing, security, and use of tax dollars.
Mike Fry, 12819 Selma Ct., Poway, expressed opposition.
Pat Bresee, 13120 Pomerado Road, #118, Poway.
Motion by Councilmember Goldby, seconded by Deputy Mayor Higginson to direct
staff to review opportunities for a BMX track with the Parks & Recreation
Committee. Motion carried: 4-1, Council member Rexford voting "No."
21. Mayor Cafagna did not provide a Regional Governance update.
(0150-50)
By consensus Council ratified Mayor Cafagna's appointment of Omar Issa to the
Teen Issues Committee (0120-80)
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:20 p.m. upon motion by Deputy Mayor
Higginson, seconded by Councilmember Goldby. Motion carried unanimously.
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