CC 2005 10-25
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
OCTOBER 25, 2005
The October 25, 2005, Regular Meeting of the City Council of the City of Poway, was called to
order at 7:05 p.m. by Mayor Cafagna at the Poway City Council Chambers, 13325 Ciyic
Center Drive, Poway, California, for a Regular City Council Meeting.
COUNCILMEMBERS PRESENT
Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford and Mickey Cafagna
COUNCILMEMBERS A9SENT
None
STAFF MEMBERS PRESENT
Jim Bowersox
Penny Riley
Tamara Smith
Diane Shea
Niall Fritz
Jim Bentz
Jim Howell
Deborah Johnson
Warren Shafer
Mark Sanchez
Charlie Campe
Kristen Crane
Paolo Romero
City Manager
Assistant City Manager
City Attorney
City Clerk
Director of Development Services
Community Services Manager
Director of Public Works
Director of Redevelopment Services
Director of Administratiye Services
Director of Safety Services
Sheriffs Captain
Assistant to the City Manager
Management Assistant
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the pledge of allegiance.
PRESENTATION
Presentation of Proclamation declaring October 2005 as Physical Therapy Month. Mayor
Cafagna read the proclamation. No one was present to accept the proclamation. (071Q..40)
CITY COUNCILMEMBER ANNOUNCEMENTS
Deputy Mayor Emery gave a restaurant review of Wong's Wok.
Councilmember Boyack stated she was very pleased with the attendance at the Town Hall
meeting and praised staff for their inyolyement. She also stated the Disaster Preparedness
workshop was great training.
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Councilmember Rexford announced she was pleased with the attendance at the Town Hall
Meeting and thanked staff.
Deputy Mayor Emery and Council member Rexford announced the City's 25th Anniversary
celebration on December 3,2005 and invited all to attend the eyent from 9:00 a.m.-1 :00 p.m.
at City Hall.
On behalf of the City Council, Councilmember Higginson presented Poway High School
wrestling coach Wayne Brenstetter with a plaque of appreciation for demonstrating excellence
in coaching, promoting character among athletes and inspiring young men to achieve their
personal best.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications. No one spoke
under Public Oral Communications.
CONSENT CALENDAR:
Motion by Council member Higginson and seconded by Council member Rexford to approve
the Consent Calendar, Items 10 through 19, as submitted.
10. Ratification of Warrant Reqister for the period of September 19 through September 23,
2005 and September 26 through September 30,2005. (0475-20)
11. Approval of Minutes - City Council
September 27,2005 Regular Meeting
October 4, 2005 Regular Meeting
12. Approval of Minutes - Redevelopment Agency
September 27,2005 Regular Meeting
October 4, 2005 Regular Meeting
13. Acceptance of the Camino Del Valle Pump Station (#1823) located at 12908 Camino
Del Valle from TC Construction Company, Inc. APN: 275-380-33. (Continued from
September 27,2005, Item #3) (0700-10)
14. Adoption of the 2006 Calendar for City Council Meetings.
(0710-95)
15. Approval of the appropriation of $17,564.68 from the General Fund for Safety Services
equipment expenditures, of which $17,564.68 will be repaid from the State Homeland
Security Grant for Fiscal Year 2004. (0490-51)
16. Approval of the Release of Grading Securities, Grading Bond No. 6611174 in the
amount of $194,200 for Chimney Rock Estates. McCullough-Ames Deyelopment, Inc.,
Applicant. G1405-03fTTM 4191-9R/DR 00-23. APN: 314-371-26 through 35.
(0200-60)
17. Reiection of Claim for Damages (2) - Candy Suite, Inc. and Ken Berrin. (0190-10)
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18. Adoption of Resolution No. R-05-15, entitled: "A Resolution of the Poway
Redevelopment Agency Making Certain Requisite Findings that the HomeShare and
Community Connections Program is of Benefit to the Redeyelopment Project Area;"
and Resolution No. 05-092, entitled: "A Resolution of the City Council of the City of
Poway, California Making Certain Requisite Findings that the HomeShare and
Community Connections Program is of Benefit to the Redeyelopment Project Area;"
authorize the Executive Director to execute a Contract Amendment with ElderHelp of
San Dieqo and appropriate $43,306 from the Housing Fund Undesignated Fund
Balance (#471-8912) to project number 5960. (0700-10)
19. Approval of Fifth-Year Grant Recommendations for the Redevelopment Aqency's
Nonprofit Capacity Buildinq Proqram and the appropriation of $531,457 from the
Unappropriated Fund Balance in the Agency's Nonprofit Capacity Building fund (472-
8912) to project 5983A, and reallocate previous appropriation of $215,190 from
Brandalise Homeownership (account 5986B) to project 5983A, with monies being
disbursed to San Diego Interfaith Housing Foundation, Wakeland Housing and
Development. Community HousingWorks and Trinity Housing Group. (0260-10)
Motion to approye the Consent Calendar carried unanimously.
CONTINUED PUBLIC HEARING
ITEM 1 (0200-25)
ENVIRONMENTAL ASSESSMENT
MINOR DEVELOPMENT REVIEW APPLICATION (MDRA) 05-29
LARRY SMITH/FF&E II TRUST, APPLICANT
APN: 275-270-35
The City Council approved this item be continued from the September 6, 2005, September
20, 2005, October 11, 2005, and the October 25th, 2005, hearing dates. The applicant has
requested that this item be continued again November 15, 2005, to allow additional time to
discuss project drainage concerns with the owners of an adjacent property and with staff.
Motion by Councilmember Higginson and seconded by Deputy Mayor Emery to continue the
public hearing to Noyember 15, 2005. Motion carried unanimously.
PUBLIC HEARINGS:
ITEM 2 (0220-60/#625)
ORDINANCE NO. 625/FIRST READING
SPECIFIC PLAN AMENDMENT (SPA 84-01SSS)
12345 FIRST AMERICAN WAY
APN: 323-480-04
SHAMROCK POWAY INVESTORS IIINC.. APPLICANT
Mayor Cafagna opened the public hearing.
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Mayor Cafagna read the title of Ordinance No. 625 entitled: "An Ordinance of the City of
Poway, California, Approving a Specific Plan Amendment (SPA 84-01SSS) to the South
Poway Specific Plan to Change the Land Use Designation on 2.67 Acres Located at 12345
First American Way from Light Industrial to Industrial Park APN: 323-480-04."
City Manager Bowersox presented the staff report. This is a request to amend the Land Use
Designation on a 2.67 -acre property located at 12345 First American Way in the South Poway
Business Park. The proposed amendment would change the Land Use Designation of the
parcel from Light Industrial to Industrial Park to allow a broader degree of office type uses
such as corporate headquarters. The site is currently developed with a building and on-site
parking which is adequate to accommodate an office use. The building is currently yacant but
the applicant says there is interest in establishing an office use in the building.
No one was present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Council member Rexford to waive further
reading and continue the public hearing to November 15, 2005 for second reading and
adoption of the ordinance. Motion carried unanimously.
ITEM 3 (0210-80/#626)
ORDINANCE NO. 626/FIRST READING
AMENDING POWAY MUNICIPAL CODE SEC. 17.10.060
LIVE ENTERTAINMENT IN COMMERCIAL ZONING DISTRICTS
ZONING ORDINANCE AMENDMENTS ZOA 05-02
ORDINANCE NO. 627/FIRST READING (0220-60/#627)
AMENDMENT TO ORDINANCE NO. 507 AND
SPECIFIC PLAN AMENDMENT (SPA) 98-01A
COMMUNITY ROAD AND HILLEARY PLACE SPECIFIC PLAN
LIVE ENTERTAINMENT IN COMMERCIAL ZONING DISTRICTS
City Manager Bowersox requested that this item be continued for first reading at the City
Council meeting of November 15, 2005 due to an error in the newspaper noticing.
There was one present wishing to speak on this item.
Motion by Deputy Mayor Emery and seconded by Council member Rexford to continue the
public hearing for first reading on Noyember 15, 2004. Motion carried unanimously.
ITEM 4 (0210-50)
MINOR CONDITIONAL USE PERMIT 05-03
O'HARLEY'S SPORTS BAR & GRILL
13437 COMMUNITY ROAD
GENEROSO RUSSO, APPLICANT
APN 317-130-68
City Manager Bowersox introduced the item and requested a continuance to the City Council
meeting of Noyember 15, 2005 to be heard with continued item #3.
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There was no one present wishing to speak on this item.
Motion by Deputy Mayor Emery and seconded by Councilmember Rexford to continue the
public hearing to November 15,2005. Motion carried unanimously.
ITEM 5 (0210-70)
VARIANCE (VAR) 05-10
MINOR DEVELOPMENT REVIEW (MDRA) 05-35
BETH JACOBSON, APPLICANT/OWNER
APN: 317-761-16
Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff
report. This request is to approve a Variance 05-10 and a Minor Development Review
Application 05-35 to allow the construction of a 3,149-square-foot, single-family residence,
and an attached 624-square-foot garage, within the Rural Residential C (RR-C) zone. The
application involves a request to reduce the street side yard setback of 20 feet to 14 feet from
Community Road, to permit the garage and residence to encroach into this setback. The
project site is a yacant 0.73-acre parcel located at the northeast corner of Community Road
and Ketron Avenue.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford take public input,
close the public hearing, to adopt Planning Resolution No. P-05-68 entitled, "A Resolution of
the City Council of the City of Poway, California, Approving Variance 05-10 and Minor
Deyelopment Reyiew Application 05-35 Assessor's Parcel Number 317-761-16." Motion
carried unanimously.
ITEM 6 (0210-70)
VARIANCE (VAR) 05-02
FRANK GAUGHAN, APPLICANT
APN: 275-720-14
Mayor Cafagna opened the public hearing. City Manager presented the staff report.
This is a request for a variance to allow a maximum 9-foot 6-inch high retaining wall in the
rear yard, where a maximum 6-foot-high retaining wall is permitted on a deyeloped single-
family lot located at 16204 Orchard Bend Road, on the Rural Residential C (RR-C) zone. The
applicant completed the construction of the retaining wall prior to obtaining a Variance and
building permit.
There was no one present wishing to speak.
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Motion by Council member Higginson, seconded by Councilmember Rexford to adopt
Planning Resolution No. P-05-69 entitled, "A Resolution of the City Council of the City of
Poway, California Approving Variance 05-02 Assessor's Parcel Number 275-720-14" Motion
carried unanimously.
STAFF REPORTS
ITEM 7 (0750-10)
QUARTERLY ENCAMPMENT REPORT
THIRD QUARTER 2005
City Manager Bowersox gave the staff report on the status of illegal encampment activities in
the City for the third quarter of 2005, covering July through September.
The City Council receiyed the report and directed it be filed.
ITEM 8 (0220-40)
INITIATION OF GENERAL PLAN AMENDMENT 05-04
POMERADO HOSPITAL, APPLICANT
City Manager Bowersox presented the staff report. The City's General Plan contains a 35-
foot, 2-story height limit that is applicable to all development in the City with a few stated
exceptions. Pomerado Hospital is requesting an amendment to the Community Deyelopment
Element of the General Plan to allow a 3-story parking structure in the Hospital Campus (HC)
zone.
Motion by Councilmember Rexford, seconded by Councilmember Higginson, to approye the
initiation of General Plan Amendment 05-04 and adopt Resolution No. 05-091 entitled, "A
Resolution of the City Council of the City of Poway, California, Initiating General Plan
Amendment 05-04." Motion carried unanimously.
ITEM 9 (0200-25)
HILLSIDE/RIDGELlNE MINOR DEVELOPMENT REVIEW 03-23R
MARY MCCARTY, APPLICANT
APN: 314-650-29
City Manager Bowersox presented the staff report.
This application was previously approved by the City Council on January 6, 2004. The
applicant is requesting re-approval of a Minor Development Review Application, which will
expire on January 6, 2006, in order to allow more time to construct a 2,800-square-foot, 2-
story, single family residence with an attached garage and a detached tack building, horse
barn, and arena on a 3.05-acre property located along the west side of Midland Road, north
of Twin Peaks Road. The property is zoned Rural Residential A and located within the
Hillside/Ridgeline Review area.
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The applicant is requesting approval of modifications to the grading plan to increase the
approyed height of the horse arena pad from 719.7 to 723.7 feet, and the barn and tack pad
area from 719 to 725 feet. The changes were due to preYious grading configuration errors by
the applicant's engineer.
Motion by Councilmember Boyack and seconded by Councilmember Higginson to adopt
Resolution P-05-70 entitled, "A Resolution of the City Council ofthe City of Poway, California,
Approving Minor Development Review Application (MDRA) 03-23R and Rescinding
Resolution P-04-03. Assessor's Parcel Number 314-650-29." Motion carried unanimously.
CITY MANAGER ITEMS
20. City Manager Bowersox updated the City Council on the City's assistance in relocating
five families affected by Hurricane Katrina and commented there may be enough
resources ayailable to assist 5 more families.
CITY ATTORNEY ITEMS
21. City Attorney Smith requested a closed session for the following:
A. PUBLIC EMPLOYEE EMPLOYMENT
Government Code 954957
Position to be filled: City Manager
CONFERENCE WITH LABOR NEGOTIATORS
Government Code 954957.6
Agency Representative: Mayor
Unrepresented Employee: City Manager
MAYOR AND CITY COUNCIL-INITIATED ITEMS
25. Deputy Mayor Emery announced the Kumeyaay Flute Concert was held last weekend
and was very well attended and received.
CLOSED SESSION
Mayor Cafagna called for a Closed Session at 7:48 p.m. as requested by the City Attorney.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 8:34 p.m., with all Councilmembers
present. There was no reportable action.
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ADJOURNMENT Mayor Cafagna adjourned the meeting 8:35 p.m.
(~~ vJ~
L. Diane Shea, City Clerk
City of Poway, California
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