CC 2005 05-17
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MAY 17, 2005
The May 17, 2005, Regular Meeting of the City Council of the City of Poway, was
called to order at 7:02 p.m. by Mayor Cafagna at the City Council Chambers, 13325 Civic
Center Drive, Poway, California.
COUNCILMEMBERS PRESENT
Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford and Mickey Cafagna
COUNCILMEMBERS ABSENT
None
STAFF MEMBERS PRESENT
James Bowersox
Tamara Smith
Diane Shea
Niall Fritz
Robert Clark
Peter Moote
Deborah Johnson
James Howell
Mark Sanchez
George Beitey
Patti Brindle
Kristen Crane
Paolo Romero
City Manager
City Attorney
City Clerk
Director of Development Services
Director of Community Services
Assistant Director of Administrative Services
Director of Redevelopment Services
Director of Public Works
Director of Safety Services
Sheriff's Lieutenant
City Planner
Senior Management Analyst
Management Assistant
FLAG SALUTE
Deputy Mayor Emery led the flag salute.
PROCLAMATION
Presentation of Proclamation declaring the week of May 15 - 21,2005 as "National Public
Works Week." Jim Howell, Director of Public Works, accepted the proclamation.
(0710-40)
Presentation of Proclamation declaring the month of May 2005 as "ALS Awareness
Month." Mayor Cafagna presented the proclamation to Vivian Stotesbury, a Poway
resident, and her nephew, Jonathan Perrelli. (0710-40)
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PUBLIC ORAL COMMUNICATIONS
Lynn Baker, 13626 Orchard Gate, Poway, updated the City Council on her actions on the
Safe Routes to School.
CONSENT CALENDAR
Items 6 through 18. Motion by Deputy Mayor Emery, seconded by Councilmember
Higginson to approve the Consent Calendar as submitted. Councilmember Boyack
disqualified herself on item #11 because of a conflict of interest. Motion carried 5-0, with
the disqualification noted on item #11.
6.
Ratification of Warrant Reoister for the periOd April 18 - 22, 2005.
(0475-20)
7. Approval of Minutes - City of Powav
April 26, 2005 Regular Meeting
9. Adoption of Resolution No. 05-035, entitled: "A Resolution ofthe City Council ofthe
City of Poway, California, Commending Eaole Scout Wesley Matthew Chin."
(0710-40)
10. Adoption of Resolution No. 05-036, entitled: "A Resolution of the City Council of the
City of Poway, California, Commending Eaole Scout Robert C. Hendershot;"
Adoption of Resolution No. 05-037, entitled: "A Resolution of the City Council of the
City of Poway, California, Commending Eaole Scout Kyle Lamont Allan;" and
Adoption of Resolution No. 05-038, entitled: "A Resolution ofthe City Council ofthe
City of Poway, California, Commending Eaole Scout Ryan John Hulse." (0710-40)
11. Adoption of Planning Resolution No. P-05-34, entitled: "A Resolution of the City
Council of the City of Poway, California Approving Temporary Use Permit 05-08 to
Hold the Community Band Festival 2005 and the Poway Girls Softball League
Spring 2005 Closing Ceremonies" at Old Poway Park, 14134 Midland Road on
Saturday, May 21,2005 from 12:00 p.m. to 7:00 p.m., and on Sunday, May 22,
2005 from 12:00 p.m. to 7:30 p.m. Motion carried 4-0 with Councilmember Boyack
disqualified. (0210-60)
12. Reiection of Claims for Damages (2) - Sandra S. Stampfl and Perry
DiCarlo/Charlotte Freemon. (0190-10)
13. Award of Contract to KTU&A for Master Plan Services and Landscape Architecture
in the amount of $70,000 for the Kumeyaay-Ipai Interpretive Center located at
13104 Silver Lake Drive and the appropriation of $15,000 from the undesignated
fund balance of the Kumeyaay Endowment Fund to the Capital Improvements Fund
for the cultural and educational programming component of the contract. (0700-10)
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14. Approval of a Consultant AQreement with Bill Yen & Associates. Inc. for Civil
Engineering Services for various Capital Improvement Projects on an as-needed
basis. (0700-10)
15. Acceptance of the Powav Roval Estates Mobile Home Park Sewer Improvements
Project (#5955) - Bid No. 05-009 from Tri-Group Construction and Development,
Inc. The project was for Lots 281,282,288 and 289 on Estrella Vista and Lots 328,
329 and 330 on Dana Vista Way. (0700-10)
16. Award of Bid to Instituform Technologies, Inc., in the amount of $748,500, for the
Base Bid and Bid Alternative #1, Community Road and Metate Lane Sewer Main
Rehabilitation Proiect (#1826A/1827 A) located on Community Road between Poway
Road and Twin Peaks Road, and Metate Lane between Pomerado Road and
Montauk Street. (0700-10)
17. Consideration of recommended increases to the Supportino Home Ownership in
Poway (SHOP) Prooram maximum subsidy amounts by $1 00,000 for each income
group. (260-10)
18. Approval of Amendmentto Employment Aoreementforthe City Manager. (0700-10)
PUBLIC HEARING
ITEM 1 (0210-50)
MINOR CONDITIONAL USE PERMIT 04-15
HENRY ROSE/RECOVERY CORP. OF AMERICA,APPLlCANT
13965 POWAY ROAD SUITE B
APN 323-262-02
Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff
report. The applicant is requesting approval to establish a motorcycle repair service within
Suite B of the existing commercial building located at 13965 Poway Road west of Sudan
Road. No exterior modifications are proposed other than the installation of an exit door on
the west elevation of the building. The property is split-zoned. The northern half, which
contains the commercial building, is located within the Automotive/General Commercial
Zone of the Poway Road Specific Plan. The southerly half is vacant and is zoned
Residential Single-Family 2.
Steve Zuill, P. O. Box 873, Poway, was concerned of the potential of excessive noise this
business will bring to the area.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to close the public
hearing, and adopt Planning Resolution P-05-31 entitled, "A Resolution ofthe City Council
of the City of Poway, California, Approving Minor Conditional Use Permit 04-15 Assessor's
Parcel Number 323-262-02" approving with conditions. Motion carried 5-0.
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ITEM 2 (0210-70/#619 & #620)
(a) ORDINANCE NO. 619/FIRST READING
ZONE CHANGE (ZC) 05-01
SOUTHWEST CORNER OF COMMUNITY RD. & HILLEARY PL.
APNS 317-101-25 AND 26
(b) ORDINANCE NO. 620/FIRST READING
SPECIFIC PLAN (SP) 05-01
SOUTHWEST CORNER OF COMMUNITY RD. & HILLEARY PL.
APNS 317-101-24 AND 25
(c) ENVIRONMENTAL ASSESSMENT
MITIGATED NEGATIVE DELCLARATION
GENERAL PLAN AMENDMENT (GPA) 05-01
DEVELOPMENT REVIEW (DR) 05-05
SOUTHWEST CORNER OF COMMUNITY RD. & HILLEARY PL.
APNS: 317-101-24, 25, 26, AND 27
(d) DEVELOPMENT REVIEW (DR) 05-06
VARIANCE (VAR) 05-01
SOUTHWEST CORNER OF COMMUNITY RD. & HILLEARY PL.
POWAY REDEVELOPMENT AGENCY
AND COMMUNITY HOUSING WORKS, CO-APPLICANTS
APNS: 317-101-26
Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff
report. This is a request for approval of a 56-unit affordable apartment housing project and
the demolition and reconstruction of a new, approximately 2,200-square-foot, office
building at the southwest corner of Community Road and Hilleary Place in the Residential
Apartment (RA) and the Commercial Office (CO) zones. The City's Redevelopment
Agency owns the site and Community HousingWorks, a non-profit housing developer, will
construct the project. The housing component of the project will assist the City in meeting
the affordable housing goals contained in the Housing Element of the General Plan. The
application includes a request to change the land use designation and zoning on an
approximate 0.2-acre portion ofthe site from Commercial Office to Residential Apartment.
The commercial office component of the project also involves a Variance request to allow a
minor building projection into the required front yard setback area. A Specific Plan is
proposed for the affordable housing component and involves provisions for a residential
unit density bonus, and a package of regulatory concessions, as provided for under Poway
Municipal Code and State Law to facilitate the development of affordable housing.
Joan Hooper, 13554 Del Marino Avenue, supports the project.
Beverly Andreos, 14362 High Valley Road, Poway, supports the project
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Dave Churchill, 13475 Community Road, Poway, cited safety, parking, and shopping cart
concerns.
Joe Fischer, 13251 Wanesta Drive, Poway, cited concerns relating to potential criminal
activity on the backside of the project, an increase in traffic to the area, and that the project
is being built in the floodplain.
Alan Dusi, 13944 Northcrest Lane, Poway, supports the project for its central location and
design that fits into the area.
Tom Scott, 13038 Creek Park Drive, Poway, is supportive of the affordable housing.
Ken Sanda, 625 Broadway #1000, San Diego, of Housing Solutions, spoke in support of
affordable housing.
Carol Bergstrom, 12929 Community Road #138, Poway, resident of Hillside Village, spoke
in support of affordable housing.
Michelle Fimbres, 12939 Community Road, Poway, and manager of Hillside Village voiced
her support of affordable housing and introduced several residents of Hillside Village.
Angela Watson, Hillside Village resident, feels fortunate to live in Poway and supports
affordable housing.
April Lacy, resident of Hillside Village, spoke in support for affordable housing.
Raffie Soro, 12979 Community Road #105, Poway, spoke in support of affordable housing.
Yako Oraha, 12979 Community Rd. #105, Poway, spoke in support of affordable housing.
Joyce Winge, 12979 Community Road, Poway, supports this project and stated that this
City needs more affordable housing.
Connie Messina, 12643 Oak Knoll, Poway, and representing South Poway Residential
Association, requested a list of all affordable housing in Poway. She asked the City
Council to look for creative ways to put affordable housing in all areas of Poway, not just
south Poway.
Karen Kufcot, 13291 Creekside, Poway, and representing South Poway Residential
Association, supports affordable housing throughout Poway, not just concentrated in south
Poway.
Pat Bresee, 13120 Pomerado Road #118, Poway, spoke in support of affordable housing.
Anne Wilson, Community HousingWorks, introduced herself and made herself available to
answer questions on the project.
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Donald Nunn, 13426 Community Road, Poway, asked that the Council keep an open mind
relating to the 8' wall and continue to discuss the options.
Motion by Deputy Mayor Emery seconded by Councilmember Higginson to approve the
Mitigated Negative Declaration, waived further reading of the ordinances, introduced
Ordinance No. 619, entitled "An Ordinance of the City of Poway, California, Approving
Zone Change (ZC) 05-01 to Change the Zoning Designation on an Approximate 0.2-Acre
Portion of the Site Located at the Southwest Comer of Community Road and Hilleary Place
from Commercial Office to Residential Apartment. Assessor's Parcel Numbers: 317-101-
25 and 26", and Ordinance No. 620, entitled "An Ordinance of the City of Poway,
California, Approving Specific Plan 05-01 for an Affordable Housing Project Located at the
Southwest Corner of Community Road and Hilleary Place from Commercial Office to
Residential Apartment, Assessor's Parcel Numbers 317-101-24 and 25," continued the
public hearing for second reading and adoption of the ordinances and proposed resolutions
for GPA 05-01, DR 05-05, DR 05-06 and VAR 05-01 to May 31,2005. The City Council
directed that further consideration may be given to the 8' wall regarding height and design,
and that serious consideration should be given to designate one or more units as
transitional housing. Motion carried 5-0.
ITEM 3 (0780-08)
ENVIRONMENTAL ASSESSMENT (EA) 05-01
ACQUISITION OF PROPERTY
13422 COMMUNITY ROAD
APN 317-101-26
Mayor Cafagna opened the public hearing. City Manager Bowersox gave the staff report.
The Comprehensive Affordable Housing Strategy, the City of Poway Housing Element and
Poway Redevelopment Agency's Implementation Plan have all identified site acquisition for
future affordable housing construction, a priority due to the scarcity of suitable sites in
Poway. The City Council/Redevelopment Agency authorized staff in closed session to
negotiate terms for the acquisition of the property located at 13422 Community Road. The
property is a .45-acre parcel that is zoned Commercial Office and contains a 2,144 one-
story, owner-occupied law office. A portion of this parcel is needed to complete the
affordable housing development proposed to be developed adjacent to the subject
acquisition.
Public comment for Items 2 and 3 were combined and noted under Item 2 in the minutes.
Motion by Deputy Mayor Emery seconded by Councilmember Higginson to close the public
hearing, approve the City Manager's recommendation to appropriate $362,000 from the
Agency's Housing Fund Unappropriated Fund Balance (471-8912) to the Community Road
Property Project (5982), authorize the expenditure of $812,000 from the project, approve
the purchase of 13422 Community Road, APN 317-101-26, and authorize the City
Manager/Executive Director to execute documents necessary to complete the acquisition.
The City Council directed that further consideration may be given to the 8' wall regarding
height and design, and that serious consideration should be given to designate one or
more units as transitional housing. Motion carried 5-0.
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ITEM 4 ( 0200-60)
ENVIRONMENTAL ASSESSMENT
TENTATIVE TRACT MAP 04-02
GREGG BRANDALlSE AND TED NEHER, APPLICANTS
SOUTHERN TERMINUS OF WELTON LANE
APNS 323-090-59 AND 323-090-67
Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff
report. Approval of this project would subdivide the 17 -acre, vacant property located at the
southern terminus of Welton Lane into six (6) residential lots ranging from one to four
acres, and three (3) open space lots. The project complies with the development
standards for the Rural Residential C Zone and the Gate Drive Specific Plan.
There was no one present wishing to speak on this item.
Motion of Councilmember Higginson, seconded by Deputy Mayor Emery, to close the
public hearing, approve Resolution P-05-32 entitled "A Resolution ofthe City Council ofthe
City of Poway, California, Approving a Mitigated Negative Declaration and Tentative Tract
Map 04-02 and Granting Easements, Assessor's Parcel Numbers 323-090-59 and 323-
090-67" approving with conditions. Motion carried 4-0, with Councilmember Rexford
absent on this item.
STAFF REPORTS:
ITEM 5 (0200-25)
MINOR DEVELOPMENT REVIEW APPLICATION 98-61R
HILLSIDE/RIDGELlNE
JIM HYSLOP, APPLICANT
APN 278-210-31
City Manager Bowersox presented the staff report. The applicant is requesting approval to
construct a 1 ,015-square-foot, single-story addition to an existing 3,280-square-foot single-
family residence and approval of a 1, 152-square-foot second dwelling unit on an
approximate 18-acre site located at 15450 SR67, in the Rural Residential A zone and
within the Hillside Ridgeline Overlay area. The proposed second dwelling unit and addition
to the existing home complies with all City development standards. City Council approval
is required for development within the identified Hillside/Ridgeline Review Area.
Dee Fleishman, 14428 Midland Road, Poway, objected to the distorted simulations in the
agenda packet.
Jim Hyslop, applicant, spoke in support of his project.
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Motion by Councilmember Higginson, seconded by Deputy Mayor Emery to adopt
Resolution P-05-33 entitled, "A Resolution of the City Council of the City of Poway,
California, Approving Minor Development Review Application (MDRA) 89-61 R, Assessor's
Parcel Number 278-210-31" approving with conditions. Motion carried 5-0.
ITEM 5.1 (0210-90)
REPORT ON RETAINING WALL CONSTRUCTION
13523 FRAME ROAD
City Manager Bowersox presented the staff report. At the May 3, 2005 City Council
meeting, Michael Salazar spoke under Oral Communications regarding a retaining wall
under construction on his property at 13523 Frame Road. He summarized the facts of the
issue and the options that have been provided to Mr. Salazar to resolve the matter.
Motion by Deputy Mayor Emery and seconded by Councilmember Rexford to receive and
file the report. Motion carried 5-0.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
21. Councilmember Boyack reported on her meeting with amateur radio operators and
the work on a proposed ordinance; and requested the information received from
Poway Unified School District on affordable housing impacts to the district.
22. Councilmember Rexford commented on landscaping at schools, and working with
the Historic Society on preparing a list of historic homes in Poway.
24. BOB EMERY
A. Poway Bob's Restaurant Review. He did not have a review this week.
Deputy Mayor Emery commented on an article in the North County Times on Mills
Act and historic properties which he referred to Mr. Bowersox.
ADJOURNMENT Mayor Cafagna adjourned the meeting at 9:13 p.m.
x~~
L. Diane Shea, City Clerk
City of Poway, California
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