CC 2005 08-16
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
AUGUST 16, 2005
The August 16, 2005, Regular Meeting of the City Council of the City of Poway, was
called to order at 7:04 p.m. by Mayor Cafagna at the City Council Chambers, 13325 Civic
Center Drive, Poway, California.
COUNCILMEMBERS PRESENT
Bob Emery, Betty Rexford, and Mickey Cafagna
COUNCILMEMBERS ABSENT
Merrilee Boyack and Don Higginson
STAFF MEMBERS PRESENT
James L. Bowersox
Penny Riley
Tamara Smith
Diane Shea
Robert Clark
Niall Fritz
Jim Howell
Deborah Johnson
Patti Brindle
Charlie Campe
Kristen Crane
Paolo Romero
FLAG SALUTE
City Manager
Assistant City Manager
City Attorney
City Clerk
Director of Community Services
Director of Development Services
Director of Public Works
Director of Redevelopment Services
City Planner
Sheriff's Captain
Assistant to the City Manager
Management Assistant
Deputy Mayor Emery led the pledge of allegiance.
PRESENTATIONS
Presentation of Service Award to Diane Mann, Code Compliance Officer - 10 years. The
Mayor presented the service award with the City's appreciation and congratulations.
CITY COUNCILMEMBER ANNOUNCEMENTS
Deputy Mayor Emery gave a review of the Miami Grill Restaurant.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications. The following
people spoke:
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Ed Schaefer, 15151 Crocker Road, Poway, said he was contacted by City's Code
Enforcement personnel to clean up trash on property adjacent to his located near a bus stop.
He suggested the City install a trash receptacle at the bus stop.
CONSENT CALENDAR
Items 10 through 25.1. Motion by Deputy Mayor Emery, seconded by Councilmember
Rexford, to approve the Consent Calendar.
10. Ratification of Warrant Reqister for the period of June 27 through July 1,2005 and July
4 through July 8,2005. (0475-20)
11. Approval of Minutes - City Council
July 19, 2005 Regular Meeting
July 26, 2005 Canceled Regular Meeting
13. Approval of Citv's Investment Report as of June 30, 2005.
(0450-80)
14. Approval of Designation of Votinq Deleqate for Leaque of California Cities Annual
Conference to be held in San Francisco from October 6 through October 8, 2005.
(0710-60)
15. Reiection of Claim for Damages (1) - Perry DiCarlo. (0190-10)
16. Award of Bid to Bedco Truck Eauipment in the amount of $65,206 with the
appropriation of $13,050 from the Unappropriated Sewer Fund Balance for the
construction and installation of three truck beds. (0480-20)
17. Approval of Temporary Sewer Connection for the property located at 13715 Janette
Lane; Frank and Virginia Openshaw, Applicants. APN: 314-242-17. Item removed
from the agenda at the request of the applicant. (0940-40)
18. Acceptance of the Powav Water Treatment Plant Filter Rehabilitation Proiect from
ERS Industrial Services, Inc. (0700-10)
19. Approval of Standard Agreement for Renewal of Contract for Fire Inspector Services
with Michael Chillinsky through Fiscal Year 2005-06. (0700-10)
20. Award of Bid to Dalev-CCAV. J.V., in the amount of $778,997 for the 2004-2005
Overlay Project #407-4320 (Bid No. 06-001). (0700-10)
21. Approval to proceed with the Feasibility Report and Proposal from Kimley-Horn and
Associates, Inc., for Left-Turn Lanes on Powav Road at Millards Road and at Blue
Crystal Trails and Mina de Oro Road in the amount not to exceed $68,000. (0850-90)
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22. Award of Bid to American Asphalt South, Inc. , in the amount of $894,241 for the 2005-
2006 Seal Coat Project #407-4320 (Bid No. 05-022). (0700-10)
23. Approval of a Community Contribution for the Poway High School Agriculture
Department in the amount of $1 ,500. (0160-10)
24. Acceptance of Improvements and Release of Securities for Deer Canvon
Development. Inc. associated with MDRA 02-04; Grading Bond No. 827730S in the
amount of $129, 120; Performance Bond No. 8277298 in the amount of $250,942 and
Payment Bond No. 8277298 in the amount of $125,471. Michael Dec, Applicant.
APNs: 321-230-87 through 90. (Continued from August 2,2005, Item #13.) (0200-25)
25. Adoption of Resolution No. 05-080, entitled, "A Resolution of the City Council of the
City of Poway, California, Commending Eaqle Scout A.J. Schumann." (0710-40)
25.1 Approval of classification specification for Administrative Assistant 1-11-111.
(0510-50)
Motion carried 3-0 with Councilmembers Boyack and Higginson absent.
PUBLIC HEARINGS
ITEM 1 (0700-10/0610-50)
AMENDMENT TO SALE & OPERATING AGREEMENT
DETERMINATION OF RELIEF OF BURDEN
POWAY ROYAL MOBILEHOME PARK
Mayor Cafagna opened the public hearing and City Manager Bowersox presented the staff
report.
There was no one present wishing to speak on this matter.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to authorize the City
Manager to execute an amended Management Agreement with Wakeland, continue the
Determination and Relief of Government item until August 30,2005, open the public hearing
on the Amended Sale and Operating Agreement, and continue the public hearing until August
30, 2005. Motion carried 3-0, with Councilmembers Boyack and Higginson absent.
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ITEM 2 (0210-50)
ENVIRONMENTAL ASSESSMENT
MINOR CONDITIONAL USE PERMIT (MCUP)05-01
DEVELOPMENT REVIEW (DR) 04-08
VARIANCE (VAR) 05-04
14007-14015 POWAY ROAD - LLC, APPLICANT
APN: 323-270-44
Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff
report. The project would remove the existing commercial building and single-family
residence on the site that is currently zoned Auto/General Commercial. Presently the main
operation of the SKG Motorsports is located at 14035-14055 Kirkham Way in the South
Poway Business Park. The Business Park operation is geared toward modification and
installation of accessories into customize vehicles. The proposed Poway Road SKG
Motorsports operation will be geared towards sale of customized trucks and sport utility
vehicles, sale of auto enhancement accessories and to provide general auto service for
customers' vehicles.
Steve Zuill, P. O. Box 873, Poway, explained his reasons for wanting to see a 40' entrance to
Sudan Road.
Motion by Council member Rexford and seconded by Mayor Cafagna to close the public
hearing, and adopt Planning Resolution P-05-52 entitled, "A Resolution of the City Council of
the City of Poway, California, Approving Minor Conditional Use Permit 05-01, Development
Review 04-08 and Variance 05-04, Assessor's Parcel number 323-270-44." Motion carried 3-
o with Councilmembers Boyack and Higginson absent.
ITEM 3 (0210-30)
TENTATIVE TRACT MAP (TTM) 00-02R
EAST SIDE OF OLD COACH ROAD
NORTH & ADJACENT TO BLUE SKY RESERVE
APNs: 277-070-33,277-080-03 and 277-080-22
APPLICANT: ED AND BARBARA MALONE
Mayor Cafagna opened the public hearing. On November 18, 2003, the City Council
approved the Hidden Valley Ranch (HVR) project and certified the project's Environmental
Impact Report. The project is located on an approximate 420-acre site located on the east
side of Old Coach Road, north of and adjacent to Blue Sky Ecological Reserve. The site
contains the home of, and is an active agricultural ranch, operated by Ed and Barbara
Malone. The applicants intend to develop a 2-phase, 41-lot, detached, single family master-
planned neighborhood; maintain the majority of the existing agricultural operation and the
existing residence on-site; create a private 9-hole golf course, and set aside approximately 57
acres of the site as open space.
There was no one present wishing to speak on this item.
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Motion by Deputy Mayor Emery and seconded by Councilmember Rexford to close the public
hearing, and adopt Planning Resolution P-05-53 entitled, "A Resolution ofthe City Council of
the City of Poway, Califomia, Approving Tentative Tract Map (TIM) 00-02R, Assessor's
Parcel Numbers 277-070-33, 277-080-03, and 277-080-22." Motion passed 3-0 with
Councilmembers Boyack and Higginson absent.
ITEM 4 (0210-70)
VARIANCE (VAR) 05-09
13523 FRAME ROAD; APN: 317-060-37
MICHAEL SALAZAR, APPLICANT
Mayor Cafagna opened the public hearing. This is a request for a variance to allow a
maximum 8-foot-high retaining wall in the rear yard, where a maximum 6-foot-high retaining
wall is permitted, on a developed single-family lot located at 13523 Frame Road, in the
Residential Single-Family (RS-7) zone.
There was no one present wishing to speak on this item.
Motion by Councilmember Rexford and seconded by Deputy Mayor Emery to close the public
hearing adopt Planning Resolution P-05-54 entitled "A Resolution of the City Council of the
City of Poway, California Approving Variance 05-09 Assessor's Parcel Number 317-060-37."
Motion passed 3-0 with Councilmembers Boyack and Higginson absent.
STAFF REPORTS
ITEM 5 (0220-60)
SPECIFIC PLAN AMENDMENT (SPA) 98-01
HILLEARY PLACE BETWEEN
MIDLAND ROAD & COMMUNITY ROAD
APNs: 317-130-42,66,67, and 68
Specific Plan (SP) 98-01 was approved by the City Council on October 6,1998, for the 18.29
acre Commercial General site located south of Hilleary Place, between Midland Road and
Community Road that includes WalMart and the commercial uses at the corner of Community
Road and Hilleary Place. The Specific Plan was established to govern the type of commercial
uses that would be allowed on the site. Staff has received a request from the owners of
O'Harley's, located within this center, to amend the Zoning Ordinance, to allow a Minor
Conditional Use Permit (MCUP) rather than a Conditional Use Permit (CUP) for this area to
be consistent with the Zoning Ordinance amendment.
There was no one present wishing to speak on this item.
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Motion by Deputy Mayor Emery and seconded by Council member Rexford adopt Resolution
05-079 entitled, "A Resolution of the City Council of the City of Poway, California, Initiating a
Specific Plan Amendment (SPA) 98-01 to the Specific Plan Pertaining to Uses Allowed with
the Approval of a Minor Conditional Use Permit, APN 317-130-42, 66, 67 and 68." Motion
passed 3-0 with Council members Boyack and Higginson absent.
ITEM 6 (0210-30)
ANNUAL REPORT
CONDITIONAL USE PERMIT (CUP)/
RECLAMATION PLAN 89-05
VULCAN MATERIALS -13501 KIRKHAM WAY
APNs: 320-031-03, 04 AND 06
Vulcan Materials is an existing mineral extraction/processing and concrete manufacturing
business located at 13501 Kirkham Way. As part ofthe CUP approval, provisions were made
for regular annual reporting on activity at the site. Since the last annual report, no mineral
extraction activity has occurred at the site. Mineral extraction is expected to resume at the
site later this year or early 2006. Since the last annual report, the following information has
been submitted: an updated reclamation plan, an Interim Management Plan, update of the
estimate for financial assurances, plans for the approved noise attenuation wall, and
landscape plans for noise wall screening and dust control. An unannounced site inspection
was conducted on July 7, 2005, which revealed that the applicant/project is in compliance with
the conditions of approval and City regulations.
There was no one present wishing to speak on this item.
Council consensus was to receive and file the 2005 Annual Report.
ITEM 7 (1020-70)
CITY'S 25TH ANNIVERSARY CELEBRATION
City Manager Bowersox and Director of Community Services Clark presented the staff report.
The City of Poway will be celebrating its 25th Anniversary of incorporation this coming
December. Due to the significance of the City's 20th Anniversary, a unique and enormously
successful community celebration was held at Old Poway Park on December 16, 2000.
Continuing with the tradition of acknowledging important milestones, the City will be
celebrating its upcoming 25th Anniversary on December 3, 2005 with a community-wide
celebration at City Hall.
There was no one present wishing to speak on this item.
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Motion by Deputy Mayor Emery and seconded by Councilmember Rexford to approve the
25th Anniversary Working Group's event proposal to provide a 25th Anniversary celebration
for Poway residents on Saturday, December 3, 2005 and appropriate $50,000 from the
General Fund Unappropriated Fund Balance to the Community Services Department
Community Relations Account for the event; and appropriate $1,300 from the General Fund
Unappropriated Fund Balance to the City Manager's Office Printing Account for a special 25th
Anniversary supplemental section for the winter edition of Po way Today. Motion carried 3-0
with Councilmembers Boyack and Higginson absent.
ITEM 8 (0210-90)
CROCKER ROAD DRAINAGE REPORT
This item was continued to the City Council meeting of August 30, 2005.
ITEM 9 (0200-25)
MINOR DEVELOPMENT REVIEW APPLICATION MDRA (04-87)
HILLSIDE/RIDGELlNE REVIEW AREA
MIDLAND ROAD EXTENSION NORTH OF TWIN PEAKS
PETER AND CHRIS TUPPER, OWNER
APN 314-650-04
The applicants are requesting the approval of a Minor Development Review Application
(MDRA) to construct a 4,374-square-foot, 2-story, single-family residence measuring a
maximum of 33 feet in height and an attached 794-square-foot garage, on a 6.01-acre
property located at the Midland Road extension, north of Twin Peaks Road. The property is
zoned Rural Residential A and located within the Hillside/Ridgeline Review Area.
Dee Fleischman, 14428 Midland Road, Poway, requested that the exhibits used to show the
project, be enhanced to more realistically depict the proposed plans.
Motion by Council member Rexford and seconded by Deputy Mayor Emery to approve the
Minor Development Review Application 04-87, and approve Planning Resolution No. P-05-55,
entitled "A Resolution of the City Council of the City of Poway, California Approving Minor
Development Review Application (MDRA) 04-87, Assessor's Parcel Number 314-650-04."
Motion carried 3-0 with Councilmembers Boyack and Higginson absent.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
31A. Deputy Mayor Emery gave his restaurant review of Miami Grill under City
Councilmembers Announcements at the beginning of the meeting.
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31 B. Deputy Mayor Emery asked the City Council to consider consolidation of volunteer lists
for future recognition dinners. Council consensus was to place this issue on a future
agenda for discussion.
32. Mayor Cafagna requested and received concurrence to hold a Pre-Development
Conference (PDC 05-02) on September 1, 2005 for Ted Tchang, Tech Business
Center, LLC, regarding a proposed change in land use designation from Light
Industrial (U) to Light Industrial/Outdoor Storage (U/OS) and a request to modify the
land use matrix relating to the maximum allowable gross floor area for Light
Wholesale, Storage and Distribution uses in the Industrial Park (IP) zone. APN: 320-
220-16. (0200-30)
ADJOURNMENT Mayor Cafagna adjourned the meeting at 7:50 p.m.
q~;~'YCI'~
City of Poway, California
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