CC 2004 11-30
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
NOVEMBER 30, 2004
The November 30,2004, 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 (arrived at 7:14 p.m.), Bob Emery, Betty Rexford, Don Higginson, Mickey
Cafagna
STAFF MEMBERS PRESENT
Jim Bowersox
Penny Riley
Tamara Smith
Jeanne Bunch
Jim Howell
Deborah Johnson
Mark Sanchez
Charlie Campe
Warren Shafer
Niall Fritz
Patti Brindle
Javid Siminou
Kristen Crane
Paolo Romero
City Manager
Assistant City Manager
City Attorney
Interim City Clerk
Director of Public Works
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
Director of Administrative Services
Director of Development Services
City Planner
City Engineer
Senior Management Analyst
Management Assistant
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
Mayor Cafagna said a request has been received to pull Item #12 for discussion. It will be
considered in its numerical order on the agenda.
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Motion by Deputy Mayor Higginson, seconded by Council member Rexford to approve the
following items on the Consent Calendar.
7. Ratification of Warrant Register for the periods of October 25 to October 29,2004
and November 1 to November 5,2004. (0475-20)
8. Approval of Minutes - City Council
November 9, 2004 Regular Meeting
10. City Council and Redevelopment Agency Approval of Second Amendment to the
Poway Plaza Disposition Development and Owner Participation Agreement (13301-
13397 Poway Road). (0700-10)
11. Approval of Release of Surety Bond No. BE2616640 in the Amount of $200,000.00,
forTTM 98-02 Heritage II. APNs: 277-220-01 through 39. David Davis, Old Coach
Realty, Applicant. (0200-60)
13. Approval of Final Map for Tentative Parcel Map (TPM) 02-03. APNs 277-011-06;
276-070-16; 276-071-12. Shaw Cheng, Applicant. (0200-50)
14. Appropriation of Funding for Fiscal Year 2003 Urban Area Security Initiative (Part II)
Training Grant, in the amount of $15,451 from the General Fund for Safety Services
equipment expenditures, of which $15,541 will be repaid from the UASI Training
Grant. (0490-53)
15. Adoption of the 2005 Calendar for Canceled Meetings.
(0710-95)
16. Approval of Report of Administrative Action taken on City Council-Initiated and
Public Inquiry Items forthe period July 1 through September 30,2004. (0710-95)
16.1 Approval of Retention Release for the Poway Community Aquatic Center
Renovation Project (#1604) with Cornerstone Building Group in the amount of
$24,653.33. (0700-10)
Motion carried 4-0, with Councilmember Goldby absent.
CONTINUED PUBLIC HEARING
ITEM 1 (0850-25/#614)
ORDINANCE NO. 614/SECOND READING
AMENDING SECTION 10.28.030
POWAY MUNICIPAL CODE
ESTABLISHING ANGLE PARKING ZONES
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Mayor Cafagna opened the public hearing and read the title of Ordinance No. 614, entitled
"An Ordinance of the City of Poway, California, Amending Section 10.28.030 of the Poway
Municipal Code to Establish Angle Parking Zones." This item was continued from
November 9, 2004 (Item #2).
Mayor Cafagna said this hearing also includes adoption of Resolution No. 04-101, entitled
"A Resolution of the City Council of the City of Poway, California, Establishing Angle
Parking Zone on Midland Road Between Twin Peaks Road and Orange Blossom Lane."
There was no one present wishing to speak.
Motion by Deputy Mayor Higginson, seconded by Mayor Cafagna to close the public
hearing and adopt Ordinance No. 614 and Resolution No. 04-101 establishing an Angle
Parking Zone on both sides of Midland Road north between Twin Peaks Road and Orange
Blossom Lane as outlined in the Resolution. Motion carried 4-0 on a roll call vote, with
Councilmember Goldby absent.
NEW PUBLIC HEARINGS
ITEM 2 (0210-801#616
ORDINANCE NO. 616/FIRST READING
ZONE CHANGE (ZC 04-02)
APN 321-110-02, AND
AMENDMENT OF LAND USE ELEMENT
OF THE GENERAL PLAN
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 616, "An
Ordinance of the City of Poway, California, Changing the Zoning Classification of Certain
Properties (ZC 04-02) APN: A Portion of 321-110-02." Action concerning this hearing
also pertains to the future adoption of a resolution amending the Land Use Element of the
Poway General Plan (GPA 04-02).
City Manager Bowersox presented the staff report indicating that this is a request from a
property owner to change the land use designation and zoning on an approximately 6-acre
portion of the 80.5-acre parcel from RR-A to OS-RM and an additional approximately 6-
acre portion from OS-RM to RR-A, to reflect the reconfiguration of a Biological
Conservation Easement. The proposed changes will not permit the creation of any
additional lots or homes.
No one spoke concerning this item.
Council member Rexford commented on the possibility of including a requirement that trees
be saved, when possible, when title to property is transferred to new owners.
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Motion by Councilmember Rexford, seconded by Deputy Mayor Higginson to waive further
reading (unanimous vote), and continue the public hearing to December 14, 2004, for
second reading and adoption of the Ordinance and adoption of a resolution approving an
amendment of the Land Use Element ofthe Poway General Plan. Motion carried 4-0, with
Councilmember Goldby absent.
Councilmember Jay Goldby arrived at this time (7:14 p.m.)
ITEM 3 (0210-70)
MINOR CONDITIONAL USE PERMIT 04-11
APPLICANT: PDG ARCHITECTS
Mayor Cafagna opened the public hearing and City Manager Bowersox presented the staff
report. This is a request to install a new freestanding drive through ATM for Washington
Mutual and an Exemption Permit to install high-pressure sodium lighting instead of low-
pressure sodium for security. The subject property is located at 12380 Poway Road, atthe
northwest corner of Pomerado Road and Poway Road, within the Commercial Business
(CB) zone. (APN: 317-153-22)
No one asked to speak concerning this public hearing.
Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford, to close the
public hearing and adopt Planning Resolution No. P-04-91 entitled, "A Resolution of the
City Council of the City of Poway, California, Approving Minor Conditional Use Permit 04-
11 for a Drive Through A TM and Exemption Permit to Allow High Pressure Sodium Lighting
- Assessor's Parcel Number 317-153-22." Motion carried 5-0.
ITEM 4 (0210-70)
MINOR CONDITIONAL USE PERMIT 04-14
APPLICANTS: MR. & MRS. PHILLIP NEVIN
Mayor Cafagna opened the public hearing and City Manager Bowersox presented the staff
report. This is a request to permit the installation of sport court lights on Lot 14, a
residential lot at 18795 Heritage Drive, in the Rural Residential A (RR-A) zone. The 5.36-
acre parcel is the site of an approved single-family residence and sport court (MDRA 04-
99), which are currently under construction. (APN: 277-220-14)
No one spoke concerning this public hearing.
Motion by Deputy Mayor Higginson, seconded by Council member Rexford, to close the
public hearing and adopt Planning Resolution No. P-04-92 entitled, "A Resolution of the
City Council of the City of Poway, California, Approving Minor Conditional Use Permit 04-
14, a Request to Install Sport Court Lights on Lot 14, a Residential Lot Located at 18795
Heritage Drive, Within the Heritage II Development, in the Rural Residential Zone -
Assessor's Parcel Number 277-220-14." Motion carried 5-0.
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STAFF REPORTS
ITEM 5 (0700-10)
COMMERCIAL REHABILITATION LOAN
POWAY PLAZA, POWAY ROAD
City Manager Bowersox reviewed the staff report. This is a request to improve the Poway
Plaza Shopping Center, located at 13301-13385 and 13397 Poway Road, underthe City's
Commercial Rehabilitation Loan Program. Staff recommends approval of the Commercial
Loan for Poway Plaza in the amount of $320,000 from the CRL Program (5902D) and no
more than $369,500 from the Poway Road Street Improvements budget (5293). It is also
recommended that staff be authorized to execute any and all necessary documents for
purposes of participating in the rehabilitation project.
Dee Fleischman, 14428 Midland Road, Poway, spoke concerning encroachment of a patio
into existing green areas, right hand turns from the driveways onto Community Road and
landscaping along Civic Center Drive.
Jack Naliboff, president of Stepstone Real Estate Services, 1600 Union, Suite 400, San
Diego, was available to answer questions. He said further information is available on their
website (www.Powayplaza.com).
Motion by Councilmember Rexford, seconded by Councilmember Emery to approve the
City Manager's Recommendation. Motion carried 5-0.
ITEM 6 (0210-60)
TEMPORARY PARKING LOT & SIDEWALK SALES
IN CITY COMMERCIAL ZONES
City Manager Bowersox said this item is in response to Council's request for a report
concerning the City's limits on how often a temporary parking lot sales event may occur
(continued from November 9, 2004, Item #9). Niall Fritz, Development Services Director,
reviewed the staff report, which contained a list of current temporary uses that have limits
on how often they can occur. He reviewed four options outlined in the staff report for
Council's consideration.
Deputy Mayor Higginson concurred with Mayor Cafagna to consider requests from national
business (such as Home Depot, Wal-Mart, Costco, and auto dealers) on a case-by-case
basis. In addition he felt that some basic guidelines should be established for flexibility.
Council concurred to consider requests from nation-wide businesses on a case-by-case.
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CONTINUED CONSENT CALENDAR ITEM
ITEM 12 0700-10)
AUBREY PARK PHASE 2 PROJECT (#5657)
BID NO. 05-008
WESTERN RIM CONSTRUCTORS, INC
Mayor Cafagna said this item was pulled for discussion at the request of Dee Fleischman.
Dee Fleischman, 14428 Midland Road, Poway, expressed concern regarding fencing
around the park and the trees. She felt this project could be used as a model for future
projects.
Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the
award of Bid No. 05-008 (Aubrey Park Phase 2 Project -#5657) to Western Rim
Constructors, Inc. in the amount of $2,442,628.30 (which includes a portion of Bid
Alternate #1). Motion carried 5-0.
CITY MANAGER ITEMS
City Manager Bowersox reminded Council that this is the last time City Council meetings
will be held in the library. The December 7,2004 meeting will be held in the new City
Council Chambers. In addition, the employee parking lot is now completed and will be in
use December 1st.
MAYOR AND CITY COUNCIL.INITIATED ITEMS
19. Council member Goldby took this opportunity to thank Dee Fleischman for her
dedication to the City of Poway during the eight years he has served as a member
of the City Council.
20. Council member Emery requested Council support for approval of a "Cape Cod"
style corrugated roof on an outbuilding at 14320 Mountain Road. (0810-95)
Motion by Mayor Cafagna, seconded by Councilmember Rexford approval of the
request. Motion carried 5-0.
21 a. Councilmember Rexford asked staff to look at the newly installed bike lane/right-turn
lane on northbound Pomerado Road between Scripps Poway Parkway and Creek
Road to see if they were built correctly.
21.b. In addition, she asked that the traffic circulation be monitored near Pomerado Road,
Scripps Poway Parkway, Treadwell Drive and Creek Road, as well as
ingresslegress from the adjacent childcare center.
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21 c. Councilmember Rexford asked staff to check into the large pipes coming out of the
hillside in Beeler Canyon as required for the McMillan Homes development. The
drainage pipes seem very large and may flood Beeler Creek during rains presenting
liability issues if area homes are affected by flooding.
21d. Council member Rexford asked staff to contact the City of San Diego and find out
why the gate was not installed at the McMillan project as it affects traffic on Beeler
Canyon Road and Creek Road into Poway.
ADJOURNMENT
Motion by Mayor Cafagna, seconded by Deputy Mayor Higginson to adjourn the meeting at
8:10 p.m. Motion carried 5-0. The next meeting will be held in the City Council Chambers
at 13325 Civic Center Drive.
ne Bunch, Interim City Clerk
City of Poway, California
8260