CC 2004 07-20
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JULY 20, 2004
The July 20, 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, Betty Rexford, Mickey Cafagna. Absent: Don Higginson.
STAFF MEMBERS PRESENT
Penny Riley
Steve Eckis
Jeanne Bunch
Warren Shafer
Robert Clark
James Howell
Deborah Johnson
Mark Sanchez
Charlie Campe
Assistant City Manager
Special Counsel
Interim City Clerk
Director of Administrative Services
Director of Community Services
Director of Public Works
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
FLAG SALUTE
Council member Goldby led the flag salute.
PRESENTATION
Mayor Cafagna presented a Certificate of Recognition to Anurag Kashyap for Reaching the
Finals of the National Spelling Bee Competition.
Mayor Cafagna presented Certificates of Appreciation to George Kehrer of CARe, Inc., for
Assisting Poway Fire Families.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
individual was present wishing to speak.
Harold Mensch, 14473 Maplewood Street, thanked Council for the new policy concerning
the removal of mark-out paint left on streets, curbs and sidewalks by contractors and utility
companies.
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CONSENT CALENDAR
Mayor Cafagna said that Item #20 has been removed from the agenda.
Motion by Councilmember Goldby, seconded by Council member Emery to approve the
Consent Calendar as follows:
12. Ratification of Warrant Registers for the period of June 14-18, 2004 and June 21-
25,2004 (0475-20)
13. Approval of Minutes - City Council
June 22, 2004 - Regular Meeting
15. Adoption of Resolution No. 04-060 entitled: "A Resolution of the City Council of the
City of Poway, California, Commending Eagle Scout Stephen C. Barr." (0710-40)
16. Acceptance of the Contract for Civic Center Drive Extension project from Western
Rim Constructors (#5295). (0700-10)
17. Acceptance of the Camino Del Valle Relief Sewer Projectfrom Excel Commercial
Construction (#1822). (0700-10)
18. Acceptance of Task 4 of the Demolition of Residential and Other Miscellaneous
Structures and Hazardous Materials Abatement As-Needed Services Project
(#5984B) from Clauss Construction. (0700-10)
19. Approval of Neighborhood Loan Program for Sewer Improvements on Avenida
Florencia. (0490-85)
20. Adoption of Resolution Supporting the renewal of the North San Diego County
Recycling Market Development Zone. (Removed from Agenda) (0380-20)
21. Approval of Lease Amendment No.2. for Hamburger Factory, LLC, to change name
to Hamburger Factory, Inc. (0700-10)
Motion carried 4-0 with Deputy Mayor Higginson absent.
CONTINUED PUBLIC HEARINGS
ITEM 1 (0720-20/#601)
ORDINANCE NO. 601/SECOND READING
AMENDING CHAPTER 13.03.010
SEWER SERVICES CHARGES AND RATES
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Mayor Cafagna opened the public hearing and read the title of Ordinance No. 601, "An
Ordinance of the City of Poway, California, Amending Chapter 13.03.010 of the Poway
Municipal Code, Schedule of Sewer Service Charges, and Establishing Sewer Rates."
(Continued from June 29, 2004). Assistant City Manager Riley presented the staff
recommendation for approval.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Emery to close the public
hearing, waive further reading and adopt Ordinance No. 601. Motion carried 4-0, Deputy
Mayor Higginson absent
ITEM 2 (0740-20/#602)
ORDINANCE NO. 602/SECOND READING
AMENDING CHAPTER 13.11.010
WATER SERVICES CHARGES AND RATES
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 602, "An
Ordinance of the City of Poway, California, Amending Chapter 13.11.010 of the Poway
Municipal Code, Schedule of Water Service Charges, and Establishing Water Rates."
(Continued from June 29, 2004). Assistant City Manager Riley presented the staff report
and recommendation for approval.
There was no one present requesting to speak.
Motion by Councilmember Goldby, seconded by Council member Emery to close the public
hearing, waive further reading and adopt Ordinance No. 602. Motion carried 4-0, Deputy
Mayor Higginson absent.
ITEM 3 (0740-20/#603)
ORDINANCE NO. 603/SECOND READING
AMENDS SECTION 13.09.050
PROHIBITS FLUSHING WATER INTO SEWER SYSTEM
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 603 _
Second Reading, "An Ordinance of the City of Poway, California, Amending Section
13.09.050 of the Poway Municipal Code to Prohibit the Flushing of 5-Year Fire Sprinkler
Certification Water into the Municipal Separate Storm Sewer System (MS4) and/or the City
Sewer System." (Continued from June 29, 2004). Assistant City Manager Riley presented
the staff recommendation for approval.
No one requested to speak concerning this public hearing.
Motion by Councilmember Goldby, seconded by Councilmember Emery, to close the public
hearing and adopt Ordinance No. 603. Motion carried 4-0, Deputy Mayor Higginson
absent.
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NEW PUBLIC HEARINGS
ITEM 4 (0220-60/#604)
ORDINANCE NO. 604/FIRST READING
SPECIFIC PLAN AMENDMENT 84-01 NNN
APPLICANT: CITY OF POWAY
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 604, "An
Ordinance of the City of Poway, Califomia, Approving Specific Plan Amendment 84-01 NNN
(SPA 84-01NNN) to the South Poway Specific Plan to Allow City Governmental Fire
Fighting Training Towers as a Permitted Use in the Industrial Park, Light Industrial, and
Light Industrial/Storage Land Use Designations with a Maximum Height of 50 Feet."
Assistant City Manager Riley that the hearing be held and continued to August 3, 2004 for
second reading and adoption of the ordinance.
The following person spoke concerning this public hearing.
Joe St. Lucas, 13033 Earlgate Court, expressed concern that the smoke and fumes from
the training tower might necessitate the closing of the trail used by horses, bicyclists and
hikers. Assistant City Manager Riley responded by indicating there would be no fumes as
this is a state-of-the art self-contained facility.
Motion by Council member Goldby, seconded by Councilmember Emery to waive further
reading and continue the public hearing to August 3, 2004, for second reading and
adoption. Motion carried 4-0, Deputy Mayor Higginson absent.
ITEM 5 (0240-30/#605)
ORDINANCE NO. 605/FIRST READING
EXTENSION OF REDEVELOPMENT PLAN
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 605, entitled:
"An Ordinance of the City of Poway, California, Extending Time Limits with Respect to the
Paguay Redevelopment Plan."
No one requested to speak concerning this item.
Motion by Council member Goldby, seconded by Council member Rexford to waive further
reading and continue the public hearing to August 3,2004 or second reading and adoption.
Motion carried 4-0, Deputy Mayor Higginson absent.
ITEM 6 (0210-50)
MINOR CONDITIONAL USE PERMIT 04-08
APPLICANT: REGENCY CENTERS LP
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Mayor Cafagna opened the public hearing. The staff report was presented by Assistant
City Manager Riley who indicated the request is for the installation of a removable 'micro-
site" recycling center on the north side of Albertson's along the rear access. The recycling
center consists of one 21-foot-long by 8-foot-wide by 9-foot-tall removable container.
Albertson's is located at 14837 Pomerado Road, at the southeast corner of Twin Peaks
Road, within the General Commercial (CG) zone. APN: 314-710-37.
No one requested to speak concerning this item.
Motion by Council member Goldby, seconded by Councilmember Rexford to close the
public hearing and adopt Planning Resolution No. P-04-49, entitled: A Resolution of the
City Council of the City of Poway, California, approving Minor Conditional Use Permit 04-
08, Assessor's Parcel Number 314-71 0-37." Motion carried 4-0, Deputy Mayor Higginson
absent.
ITEM 7 (0210-70)
VARIANCE 04-08
APPLICANT: M. CROWLEY, F. HENDERSON. C. KEITH
Mayor Cafagna opened the public hearing. The staff report was presented by Assistant
City Manager Riley who said the applicants are requesting a Variance to allow the
installation of over height fencing (9 feet) along the rear property lines of the residential
properties located at 14518, 14528, 14538, 14548, 14558, 14568, 14578 and 14588
Budwin Lane when the maximum height permitted in the Residential Single-Family 4 zone
is 6 feet. APNs: 314-690-08 thru 15. Niall Fritz, Development Services Director, reviewed
staff's recommendation for approval.
The following person spoke concerning this item:
Michael Crowley, applicant, 14578 Budwin Lane, spoke in support.
Councilmember Goldby expressed concern that granting the Variance might result in
setting a precedent for 9-foot high fences in similar neighborhoods. Discussion ensued
among Councilmembers, Special Counsel Steve Eckis and staff concerning
Councilmember Goldby's concems.
Motion by Councilmember Rexford, seconded by Councilmember Emery to close the public
hearing and adopt Planning Resolution No. P-04-50, entitled: "A Resolution of the City
Council of the City of Poway, California, approving Variance 04-08. Assessor's Parcel
Numbers 314-690-08, 09, 10, 11, 12, 13, 14, 15." Motion carried 3-1. Ayes:
Councilmembers Rexford and Emery and Mayor Cafagna. Noes: Council member Goldby.
Absent: Deputy Mayor Higginson.
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STAFF REPORTS
ITEM 8 (0200-25)
HILLSIDE/RIDGELlNE
MINOR DEVELOPMENT REVIEW APPLICATION 04-41
APPL ICANT' BOR RALJFR
Staff report by Assistant City Manager Riley. This is a request to permit the addition of
1,065 square feet of living area and convert 477.5 square feet into a guesthouse area, at
an existing 3,099-square-foot 2-story, single-family residence located at 17058 Iron
Mountain Drive. APN: 322-041-32 (continued from July 6,2004).
The following person was present wishing to speak.
Bob Bauer, 3729 30th Street, San Diego, was available to respond to questions and
expressed opposition to Condition 3, as it would require the installation of a one-inch meter
as the property is being serviced by well water.
Motion by Mayor Cafagna, seconded by Councilmember Rexford to adopt Planning
Resolution No. P-04-51, entitled: "A Resolution of the City Council of the City of Poway,
California, Approving Minor Development Review Application (MDRA) 04-41. Assessor's
Parcel Number 322-041-32" with Condition F.4 amended to read as follows: "A residential
fire sprinkler system will be required. Plans shall be presented to the Fire Prevention
Bureau for approval prior to installation." Motion carried 4-0, Deputy Mayor Higginson
absent.
ITEM 9 (0220-60)
INITIATION OF SPECIFIC PLAN AMENDMENT
SPA 84-01-PPP
SOUTH POWAY SPECIFIC PLAN
LAND USE DESIGNATION CHANGES
APPLICANT: RIDGEVIEW INVESTORS. LLC
Staff report presented by Assistant City Manager Riley. This is a request to amend the
land use designation on four parcels totaling 13.36 acres located on the south side of
Scripps Poway Parkway, east of Stowe Drive and west of Gateway Place, in the South
Poway Business Park. The subject property is located adjacent and west ofthe 7.51 acre
parcel discussed in SPA 84-01000 on tonight's agenda. The owner of the 7.51-acre
parcel is in the process of purchasing the four parcels that are the subject of this
amendment request. The proposed amendment would change the land use designation of
the parcels from Light Industrial/Storage to Industrial Park to allow a broader degree of
office type uses, such as a corporate headquarters.
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Motion by Council member Emery, seconded by Council member Rexford to adopt
Resolution No. 04-061, entitled: "A Resolution of the City Council of the City of Poway,
California, Initiating a Specific Plan Amendment (SPA 84-01 PPP) to the South Poway
Specific Plan to Change the Land Use Designation on Four Parcels Totaling 13.36 acres
and Located on the South Side of Kirkham Way, east of Stowe Drive, from Light
Industrial/Storage to Industrial Park. APN 323-500-07, 08, 09,and 17." Motion carried 4-0,
Deputy Mayor Higginson absent.
ITEM 10 (0220-60)
INITIATION OF SPECIFIC PLAN AMENDMENT
(SPA 84-01 RRR)
SOUTH POWAY PARK SPECIFIC PLAN
AMENDING LAND USE MATRIX
APPLICANT: CITY OF POWAY
Staff report presented by Assistant City Manager Riley. This is a request to correct the
Industrial Park and Light Industrial Use Matrix by adding a use category that was
inadvertently deleted during the comprehensive update of the Specific Plan in December
2002.
Motion by Councilmember Goldby, seconded by Councilmember Emery to adopt
Resolution No. 04-062, entitled: "A Resolution of the City Council of the City of Poway,
California, Initiating a Specific Plan Amendment (SPA 84-01RRR) to the South Poway
Specific Plan Amending the Industrial Park and Light Industrial Use Matrix." Motion carried
4-0, Deputy Mayor Higginson absent.
ITEM 11 (0220-60)
INITIATION OF SPECIFIC PLAN AMENDMENT
SPA 84-01000
SOUTH POWAY PARK SPECIFIC PLAN
LAND USE DESIGNATION CHANGES
APPLICANT: SLOUGH ESTATES, USA, INC.
Staff report by Assistant City Manager Riley. This is a request to amend the land use
designation on an approximately 7.5-acre vacant parcel located on the south side of
Kirkham Way, west of Gateway Place, in the South Poway Business Park. The proposed
amendment would change the land use designation of the parcel from Light
Industrial/Storage to Industrial Park to allow a broader degree of office type uses, such as
a corporate headquarters. No definitive user has been identified at this time.
Motion by Councilmember Goldby, seconded by Council member Rexford to adopt
Resolution No. 04-063, entitled: "A Resolution of the City Council of the City of Poway,
California, Initiating a Specific Plan Amendment (SPA 84-01000), to the South poway
Specific Plan to Change the Land Use Designation on an Approximately 7.5-acre Parcel
Located on the south side of Kirkham Way, west of Gateway Place, from Light
Industrial/Storage to Industrial Park. APN: 323-500-16." Motion carried 4-0, Deputy Mayor
Higginson absent. 8159
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CITY MANAGER ITEMS
22. State Budget Update. Assistant City Manager Riley said staff continues to monitor
budget talks and follows up with phone calls and letters. (0150-50)
CITY ATTORNEY ITEMS
Special Counsel Eckis requested a Closed Session be held to consider the following:
A. Conference with Real Property Negotiator
Government Code 954956.8
Property: 13422 Community Road, APN 317-101-26
Negotiating Parties: James L. Bowersox on behalf of the
Poway Redevelopment Agency, Buyer
Nunn, Pagnini, Jeffries, Sellers
Under Negotiation: Price and Terms of Purchase
B. Conference with Real Property Negotiator
Government Code 954956.8
Property: 14530 Twin Peaks Road, APN 321-190-28
Negotiating Parties: James L. Bowersox on behalf of the
poway Redevelopment Agency, Buyer
Thomas Chen Trust, Sellers
Under Negotiation: Price and Terms of Purchase
C. Conference with Real Property Negotiator
Government Code 954956.8
Property: 12920 Metate Lane, APN 317-350-30
Negotiating Parties: James L. Bowersox on behalf of the
Poway Redevelopment Agency, Buyer
Claude and William Harkleroad, Sellers
Under Negotiation: Price and Terms of Purchase
D. Conference with Real Property Negotiator
Government Code 954956.8
Property: 13033 Poway Road, APN: 317-472-18
Negotiating Parties: James L. Bowersox on behalf of
Poway Redevelopment Agency, Buyer
Chris Lafornara, Seller
Under Negotiation: Price and Terms of Purchase
MAYOR AND CITY COUNCIL.INITIATED ITEMS
24. Council member Emery requested staff determine why illegal parking is occurring
along Ted Williams Parkway near the childcare center at Twin Peaks Road; and, if
parking is sufficient at child care center.
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Councilmember Emery questioned the City policy concerning tree removal,
specifically concerning a large oak tree within a mobile home park on Pomerado
Road.
25. Councilmember Rexford expressed concern regarding tree removal in the center
divider along Pomerado Road.
26. Council member Goldby congratulated staff on a successful Skate Park Safety Day.
28A. Mayor Cafagna did not provide a Regional Govemance update.
(0150-20)
28B. Council concurred with the Mayor's appointment of Jeff Figler to the Performing Arts
Advisory Council. (0120-50)
28C. Council concurred with the Mayor's recommendation to hold a Pre-Development
Conference (PDC 04-05) on August 3,2004, for the proposed fa9ade change for
North County Industrial Medical Clinic located at 12509 Poway Road. APN: 317-
540-67. (0200-30)
CLOSED SESSION
Mayor Cafagna called for Closed Session at 8:10 p.m. as requested by Special Counsel
Eckis (Items 23 A, B, C, & D). Councilmember Goldby abstained from all discussions
concerning Item 23C. as he resides within 500 feet of the subject property.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 8:50 p.m. with all members present,
except Deputy Mayor Higginson, and adjourned the meeting at 8:50 p.m. upon motion by
Council member Goldby, seconded by Councilmember Rexford. Motion carried. Deputy
Mayor Higginson absent.
e Bunch, Interim City Clerk
f Poway
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