CC 2006 01-10
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JANUARY 10, 2006
The January 10, 2006, 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 City Council Chambers, 13325 Civic
Center Drive, Poway, California, for a Regular City Council Meeting.
COUNCILMEMBERS PRESENT
Merrilee Boyack, Bob Emery, Don Higginson, and Mickey Cafagna
COUNCILMEMBERS ABSENT
Betty Rexford
STAFF MEMBERS PRESENT
Rod Gould
Penny Riley
Tamara Smith
Diane Shea
Robert Clark
Jim Howell
Warren Shafer
Deborah Johnson
Mark Sanchez
Niall Fritz
Kristen Crane
Paolo Romero
PLEDGE OF ALLEGIANCE
City Manager
Assistant City Manager
City Attorney
City Clerk
Director of Community Services
Director of Public Works
Acting Director of Administrative Services
Director of Redeyelopment Services
Director of Safety Services
Director of Development Services
Assistant to the City Manager
Management Assistant
Councilmember Higginson led the pledge of allegiance.
CITY COUNCIL ANNOUNCEMENTS
A. Poway Bob's Restaurant Review. Councilmember Emery reyiewed the City Dragon
Restaurant noting its excellent food and brisk takeout service.
B. Mayor Cafagna announced Poway's First Baby born in 2006 is Marco Cruz Najera
born on January 3, 2006 at 11 :35 p.m., weighing 11 pounds, 6 ounces, to Alex and
Emily Najera. The Mayor presented the family with City of Poway gifts and a letter of
congratulations.
C. Mayor Cafagna announced that long-time City of Poway City Attorney Steve Eckis is
retiring. He presented Mr. Eckis with a plaque of appreciation for his 21 years of
service as City Attorney for the City of Poway, and acknowledged his ongoing
assistance as Special Counsel.
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D. Each member of the City Council welcomed new City Manager Rod Gould.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications. The following
people spoke:
George Lam, Poway, asked the City Council why certain activities have been eliminated at
the Senior Center. The Council referred the item to staff.
Connie Messina, Poway, noted a recent newspaper article about local shopping centers and
the plight of Mom and Pop stores. She hoped that the City would help find solutions to these
problems.
CONTINUED PUBLIC HEARINGS
ITEM 1 (0210-30)
ENVIRONMENTAL ASSESSMENT
CONDITIONAL USE PERMIT 05-05
DEVELOPMENT REVIEW 05-07
OCEAN PARK HOTELS, APPLICANT
SCRIPPS POWAY PARKWAY/STOWE DRIVE
APN: 323-481-08
Staff requested this item be continued to January 17, 2006, so that the Disposition and
Development Agreement, which is being finalized, can be considered concurrently with the
project's deyelopment entitlements.
There was no one present from the public wishing to speak on this item.
Motion by Council member Boyack and seconded by Council member Emery to continue the
public hearing to the City Council Meeting of January 17, 2006. Motion carried 4-0 with
Deputy Mayor Rexford absent.
PUBLIC HEARINGS
ITEM 2 (0490-15)
ORDINANCE NO. 631 -FIRST READING
AMENDING DEVELOPMENT SERVICES DEPT.
BUILDING DIVISION FEE SCHEDULE
Staff requested that this item be remoyed from the City Council agenda to allow for additional
review.
Motion by Councilmember Higginson and seconded by Councilmember Boyack to remove the
item from the agenda. Motion carried 4-0 with Deputy Mayor Rexford absent.
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ITEM 3 (0220-60/#632)
ORDINANCE NO. 632 - FIRST READING
SPECIFIC PLAN AMENDMENT (SPA) 84-01 UUU
CHANGE LAND USE DESIGNATION
POMERADO PROPERTIES L.P., APPLICANT
UNADDRESSED PROPERTY ON KIRKHAM WAY
APN: 320-220-16
Mayor Cafagna opened the public hearing. Director of Deyelopment Services Niall Fritz
presented the staff report. This is a request to change the South poway Specific Plan Land
Use Designation of a 2.8-acre property from light Industrial (L1) to Light Industrial/Outdoor
Storage (L1/S). The site is located on the south side of Kirkham Way approximately 200 feet
east of Tech Center Court. The City's Municipal Code requires that Specific Plan
Amendments be initiated by the City Council by resolution. The subject application was
initiated by City Council Resolution on December 20, 2005. At the meeting, no concerns
were expressed. The proposal is consistent with the policy that L1/S uses be located on the
perimeter of the park and is adjacent to similar types of uses.
Dee Fleischman, Poway, urged Council to pay attention to the visual impacts of projects,
especially those on the edges of town.
Motion by Council member Emery and seconded by Council member Boyack to waive further
reading, introduce the ordinance on first reading, and continue the public hearing to January
24, 2006 for second reading and adoption of the ordinance. Motion carried 4-0 with Deputy
Mayor Rexford absent.
ITEM 4 (0220-60/#633)
ORDINANCE NO. 633 - FIRST READING
SPECIFIC PLAN AMENDMENT (SPA) 84-01VVV
CHANGE LAND USE DESIGNATION
TED BAUER, APPLICANT
13750 DANIELSON STREET
APN: 317-810-18
Mayor Cafagna opened the public hearing. Director of Deyelopment Services Niall Fritz
presented the staff report. This request is to amend the Land Use Designation on a 0.86-acre
property located at 13750 Danielson Street from Light Industrial to Industrial Park to allow a
broader degree of office type uses. The 0.86-acre site is located on the north side of
Danielson Street between Blaisdell Place and Crosthwaite Circle. The site is developed with
an approximately 14,000-square-foot building. The applicant has indicated that he will be
purchasing the property to establish his insurance company offices at the site.
Dee Fleischman, Poway, indicated her comments on item 3 also pertain to this item. City
Council should pay attention to yisual impacts of projects especially those on the edges of
town.
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Motion by Councilmember Emery and seconded by Councilmember Higginson to waive
further reading, introduce the ordinance on first reading, and continue the public hearing to
January 24,2006 for second reading and adoption of the ordinance. Motion carried 4-0 with
Deputy Mayor Rexford absent.
ITEM 5 (0210-70)
VARIANCE (VAR) 05-08
MINOR DEVELOPMENT REVIEW (MDRA) 05-26
DENNIS AND KAREN KEENA, APPLICANTS
AUBREY STREET & YORK AVENUE
APN: 314-181-76
Mayor Cafagna opened the public hearing. Director of Deyelopment Services Niall Fritz
presented the staff report. This is a request to approve a Variance and Minor Development
Review Application to allow the construction of a 2,172 square-foot, two-story, single-family
residence, with an attached 655-square foot garage, within the Rural Residential C (RR-C)
zone. The applicant is requesting a Variance to permit the garage and residence to encroach
into the front; rear and side yard setbacks because the 0.195-acre lot does not meet the
minimum 1-acre lot size of the RR-C zone. This physical constraint severely limits the
development potential of the site. The project site is a vacant 0.195-acre parcel located at the
northwest corner of Aubrey Street and York Ayenue.
There was no one present wishing to speak on this issue.
Motion by Council member Boyack and seconded by Councilmember Higginson to close the
public hearing and adopt Planning Resolution No. P-06-01 entitled "A Resolution of the City
Council of the City of Poway, California, ApproYing Variance 05-08 and Minor Deyelopment
Reyiew Application 05-26, Assessor's Parcel Number 314-181-76." Motion carried 4-0 with
Deputy Mayor Rexford absent.
ITEM 6 (0210-30)
VARIANCE (VAR) 05-14
RABBI GOLDSTEIN, CHABAD OF POWAY, APPLICANT
16934 CHABAD WAY
APN: 273-820-15
Mayor Cafagna opened the public hearing. Director of Deyelopment Services Niall Fritz
presented the staff report This is a request to approve a Variance to reduce the front yard
setback of40 feet to 10.5 feet from the property line along Espola Road to permit a proposed
trellis patio cover and an existing playground shade structure to encroach into this setback.
The Chabad of Poway is located within the Rural Residential C (RR-C) zone at 16934
Chabad Way.
Rabbi Goldstein, applicant, spoke in fayor of this yariance.
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Jim Murray, Poway, stated that there are serious parking problems at this location and asked
for the City Council's help. The Council gave direction to staff to ensure enforcement of
parking regulations.
Motion by Council member Higginson and seconded by Mayor Cafagna to close the public
hearing, and adopt Planning Resolution No. P-06-02 entitled "A Resolution of the City Council
of the City of Poway, California, Approying Variance 05-14, Assessor's Parcel Number 273-
820-15." Motion carried 4-0 with Deputy Mayor Rexford absent.
CONSENT CALENDAR
Motion by Council member Higginson and seconded by Council member Emery to approve the
Consent Calendar, Items 7 through 17.
7. Ratification of Warrant Reqister for the periods of Noyember 28 through December 2,
2005 and December 5 through December 9,2005. (0475-20)
8. Approval of Minutes - City Council
December 6, 2005 Regular Meeting
December 13, 2005 Regular Meeting
11. Approval of Investment Report as of November 30, 2005.
(0450-80)
13. Adoption of Resolution No. 06-001, entitled: "A Resolution of the City Council of the
City of Poway, California, Designating Voting Delegate and Alternates to the California
Joint Powers Insurance Authority (CJPIA) and Rescinding Resolution No. 05-078."
(0140-15)
14. Acceptance of the Civic Center Driye Street LiQht Upqrade (#5295) from HMS
Construction, Inc. (0700-10)
15. Approval of the Appropriation of $10,000 for the Deyelopment and Production of the
Blue Sky Ecological Reserve Video. (0490-85)
16. Acceptance of Summarv of 2005 Leqislative Session report.
(0740-55)
17. Acceptance of the Iron Mountain Parkinq Lot Easement Acquisition from Poway Iron
Mountain Estates, LLC. An Irrevocable Offer of Dedication and Agreement of Public
Parking Lot Easement. APN: 322-011-06 (0780-50)
Motion to approve the Consent Calendar carried 4-0 with Deputy Mayor Rexford absent.
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CITY MANAGER ITEMS
18. City Manager Gould introduced Frank Casteleneto, City of Poway's new City Engineer
and welcomed Frank to the City. City Manager Gould reported on the Goyernor's
Proposed 2006-07 Budget.
CITY ATTORNEY ITEMS
19. City Attorney Smith welcomed City Manager Gould. She also reported on recent
legislation, AB1234, which addresses expense reimbursement of local officials as well
as mandated ethics training. This issue will be placed on an agenda for a future meeting.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
20. Councilmember Boyack commended the Sheriffs Senior Volunteers for their many
hours of work and contributions to the City.
21. Councilmember Emery reported on his meeting in Sacramento, which came out of a
Mayor/City Council member Forum last year, regarding the loss of personnel in local
government.
24. Mayor Cafagna reported on his meetings, as the Chairman of SANDAG, with
Assembly and Senate delegates on proposed infrastructure bond and the projects the
San Diego region has ready to go for matching funds.
24A. Council concurrence for the reappointment of Mayor Cafagna as a member to
SANDAG. Motion by Councilmember Emery and seconded by Councilmember
Higginson to reappoint Mayor Cafagna as a member to SANDAG. Motion carried 3-0
with Mayor Cafagna disqualified and Deputy Mayor Rexford absent.
24B. Council concurrence for the reappointment of Councilmember Emery as an alternate
to SANDAG. Motion by Councilmember Higginson and seconded by Councilmember
Boyack to reappoint Council member Emery as the alternate member to SANDAG.
Motion carried 3-0 with Council member Emery disqualified and Deputy Mayor Rexford
absent.
24C. Council concurrence for the reappointment of Councilmember Higginson as an
alternate to SANDAG. Motion by Mayor Cafagna and seconded by Council member
Emery to reappoint Councilmember Higginson as the alternate member to SANDAG.
Motion carried 3-0 with Council member Higginson disqualified and Deputy Mayor
Rexford absent.
24D. Council concurrence for the reappointment of Councilmember Emery as member to
the MTS Board. Motion by Mayor Cafagna and seconded by Councilmember
Higginson to reappoint Councilmember Emery as a member to the MTS Board. Motion
carried 3-0 with Councilmember Emery disqualified and Deputy Mayor Rexford absent.
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24E. Council concurrence for the reappointment of Mayor Cafagna as an alternate to the
MTS Board. Motion by Councilmember Emery and seconded by Councilmember
Boyack to reappoint Mayor Cafagna as an alternate member to the MTS Board.
Motion carried 3-0 with Mayor Cafagna disqualified and Deputy Mayor Rexford absent.
(0140-10)
24F. Honorary naming for the City Office Building. Mayor Cafagna introduced this item
stating his recommendation to name the building, the "James L. Bowersox City Office
Building" in recognition of his contributions to Poway over his 25 years of leadership as
City Manager.
Connie Messina, chair of the South Poway Residents Association, said the City needs a
policy in place for naming City buildings and to obtain input from the residents. She asked
Council to delay the naming of the building until they haye such a process in place.
Dee Fleischman, Poway, said this item was not listed on the website and City should include
a notice that items added after the agenda is posted 10 days prior to the meeting may not
reflected on the website. She asked that the naming of a City building be brought back at a
future meeting with the full Council with the policy for naming buildings in a staff report.
Kay Rickles, Poway, feels this action is premature.
Motion by Councilmember Emery and seconded by Council member Higginson to name the
City Office Building in honor of James L. Bowersox, the City's former City Manager for 25
years. Motion carried 4-0 with Deputy Mayor Rexford absent.
ADJOURNMENT Mayor Cafagna adjourned the meeting in recognition of City Manager Jim
Bowersox at 8:00 p.m.
x.~~~
L. Diane Shea, City Clerk
City of Poway, California
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