CC 2005 11-15
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
NOVEMBER 15, 2005
The November 15, 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 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
STAFF MEMBERS PRESENT
Jim Bowersox
Tamara Smith
Diane Shea
Niall Fritz
Robert Clark
Jim Howell
Scott Edwards
Warren Shafer
Mark Sanchez
Charlie Campe
Kristen Crane
City Manager
City Attorney
City Clerk
Director of Development Services
Director of Community Services
Director of Public Works
Economic Development Manager
Director of Administrative Services
Director of Safety Services
Sheriff's Captain
Assistant to the City Manager
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the pledge of allegiance.
CITY COUNCILMEMBER ANNOUNCEMENTS
A. Poway Bob's Restaurant Review. Deputy Mayor Emery gave a review on the
Panda Express restaurant saying that the food is excellent.
B. Deputy Mayor Emery gave kudos to the Poway Chamber of Commerce for a
wonderful and well-attended City Street Fair.
C. Council member Rexford said the Soroptimist Club supporting domestic violence
prevention was a great event.
D. Mayor Cafagna commended Poway resident and businessman, Woody Norris
of American Technology Corporation, whose LRAD technology was used in
thwarting off the pirates who attacked a luxury cruise ship off the eastern coast
of Africa last week.
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PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications. The following
people spoke:
Margaret Lester, Poway, was concerned about the type of music at the Poway Street Fair and
suggested different types of music be included.
Dave Davis, Poway, spoke on the excessive dump truck traffic on Beeler Canyon Road
caused by contractor in the area. He asked for the Council's help in the completion of the
emergency access gate that connects Beeler Canyon Road to Stonebridge Parkway.
Carol Funk, Poway, spoke on the dump truck traffic on Beeler Canyon Road and the
associated dust, dirt and air pollution to the neighborhood. She asked for Council's help in
making contractors abide by the rules.
CONSENT CALENDAR:
Items 10 through 19. Motion by Deputy Mayor Emery and seconded by Councilmember
Higginson to approve the Consent Calendar as submitted. Councilmember Rexford
disqualified herself on Item #14 as she is the applicant.
10. Ratification of Warrant Reqister for the periods of October 10 through October 14,
2005 and October 17 through October 21,2005. (0475-20)
11. Approval of Minutes - City Council
October 11, 2005 Regular Meeting
October 18, 2005 Regular Meeting
October 25, 2005 Regular Meeting
13. Approval of City's Investment Report as of September 30,2005. (0450-80)
14. Approval of Final Map for Tentative Parcel Map (TPM 04-02lfor the property located
at 11570 Creek Road. Paul and Elizabeth Rexford, Owners. APN: 320-020-17.
(Councilmember Rexford disqualified herself from this item as she is the
applicant/owner.) (0200-50)
15. Adoption of Resolution No. 05-094, entitled: "A Resolution of the City Council of the
City of Poway, California, Ordering the Expansion of Poway Landscape Maintenance
District 86-1 with the Annexation of APN 275-800-10 with Written Consent of Property
Owner Arturo Gonzalez." APN: 275-800-10. (0760-20)
16. Adoption of Resolution No. 05-095, entitled: "A Resolution of the City Council of the
City of Poway, California, Ordering the Expansion of Poway Landscape Maintenance
District 86-1 with the Annexation of APN 275-800-12 with Written Consent of Property
Owner George and Theresa Moreno. Property Description: Lot 3 of the City of Poway
Tract 85-3 (Green Valley Summit Unit 1), in the City of Poway, County of San Diego,
State of California, According to Map thereof No. 11974 Filed in the Office of the
County Recorder of San Diego County, December 11, 1987." APN: 275-800-12.
(0760-20)
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17. Approval of Public Works Department proposed reorqanization consisting of the
reclassification of the Park Maintenance Coordinator position to a Public Works
Operations Manager, reclassification of two Parks Maintenance Crew Leader positions
to Senior Parks Maintenance Crew Leader; revised classification specifications for the
Public Works Operations Manager, Parks Maintenance Supervisor, a new
classification specification for the Senior Parks Maintenance Crew Leader; and the
appropriation of $28,382 from the Unappropriated Division Source Fund Balances
(8912) to the following accounts for the remainder of the Fiscal Year: 0411-1110
$6,460; 0411-1300 $2,284; 0406-3110 $1,200; 0406-1110 $13,968; and 0406-1300
$4,470. (0510-50)
18. Adoption of Resolution No. P-05-75, entitled: "A Resolution of the City Council of the
City of Poway, California, Approving Temporarv Use Permit 05-87 to Hold Christmas in
the Park 2005 at Old Poway Park" on Saturday, December 1 0,2005 from 4:30 to 8:30
p.m. The park is located at 14134 Midland Road. APN: 314-202-19. (0210-60)
19. Approval of status report on the Domestic Violence Counselinq Proqram. (0700-70)
Motion to approve the Consent Calendar carried 5-0. Item 14 was approved by a 4-0 vote
with Councilmember Rexford disqualified.
CONTINUED PUBLIC HEARINGS
ITEM 1 (0220-60/#625)
ORDINANCE NO. 625/SECOND READING
SPECIFIC PLAN AMENDMENT (SPA 84-01 SSS)
12345 FIRST AMERICAN WAY
APN: 323-480-04
SHAMROCK POWAY INVESTORS IIINC.. APPLICANT
City Manager Bowersox presented the staff report. On October 25, 2005, the City Council
opened a public hearing, introduced Ordinance No. 625. All Councilmembers were present at
the first reading. No public testimony was given at that time. 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 vacant but the applicant says there is interest in establishing an office use in the
building.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery and seconded by Councilmember Rexford to close the public
hearing, waive further reading, and adopt Ordinance No. 625 "An Ordinance of the City of
Poway, California, Approving a Specific Plan Amendment (SPA 84-01 SSS) 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" by a roll call
vote. Motion carried unanimously.
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ITEMS 2 (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
The public hearing was opened at the City Council meeting of October 25, 2005 and
continued to this date. City Manager Bowersox presented the staff report. The Poway
Municipal Code currently allows live entertainment in the Commercial Office (CO), Community
Business (CB), and Commercial General (CG) zones with a Conditional Use Permit (CUP)
and in the Town Center (TC) zone with a Minor Conditional Use Permit (MCUP). This Zoning
Ordinance Amendment is proposed to establish a new definition of live entertainment, modify
the definition of eating and drinking establishments, and modify the use matrix to allow live
entertainment in the CO, CB, CG, and A1GC zones in a MCUP, which would be consistent
with the requirement in the TC zone. The amendment proposed to the Specific Plan 98-01,
would regulate the allowable uses within the commercial center at the southeast corner of
Community Road and Hilleary Place that includes Wal-Mart and the commercial building at
the southeast corner of Hilleary Place and Community Road. The amendment would allow
live entertainment with a MCUP rather than a CUP to be consistent with the proposed Zoning
Ordinance Amendment.
There was no one present wishing to speak on this issue.
Motion by Deputy Mayor Emery and seconded by Councilmember Rexford to waive further
hearing, approve introduction of Ordinance No. 626 and continue the public hearing to
November 29, 2005 for second reading and adoption of the ordinance. Motion carried
unanimously.
Motion by Deputy Mayor Emery and seconded by Council member Rexford to waiye further
hearing, approve introduction of Ordinance No. 627 and continue the public hearing to
November 29, 2005 for second reading and adoption of the ordinance. Motion carried
unanimously.
ITEM 3 (0210-50)
MINOR CONDITIONAL USE PERMIT 05-03
O'HARLEY'S SPORTS BAR & GRILL
13437 COMMUNITY ROAD
GENEROSO RUSSO, APPLICANT
APN 317-130-68
The public hearing was opened at the City Council meeting of October 25, 2005 and
continued to this date.
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City Manager Bowersox gave the staff report. The applicant is requesting a Minor Conditional
Use Permit to allow live entertainment inside O'Harley's Sports Bar and Grill.
No one was present wishing to speak on this matter.
Motion by Deputy Mayor Emery and seconded by Councilmember Rexford to close the public
hearing and adopt Planning Resolution P-05-72 entitled "A Resolution of the City Council of
the City of Poway, California, Approving Minor Conditional Use Permit 05-03, Assessor's
Parcel Number 317-130-68." Motion carried unanimously.
ITEM 4 (a2aa-25)
ENVIRONMENTAL ASSESSMENT
MINOR DEVELOPMENT REVIEW APPLICATION (MDRA)
LOT 47 GREEN VALLEY ESTATES
13651 PASEO DE LA HUERTA
APPLICANT: LARRY SMITH/FF&E II TRUST
APN: 275-270-35
City Manager Bowersox presented the staff report. The applicant requests an MDRA
approval to grade Lot 47 of Green Valley Estates to create a residential building pad and a
recreational court pad on the property. Project development will result in the realignment of
an on-site blue-line stream. An environmental assessment has been completed on the
project.
There was no one present wishing to speak.
Motion by Councilmember Boyack and seconded by Council member Rexford to close the
public hearing and adopt Planning Resolution No. P-05-73 entitled "A Resolution of the City
Council of the City of Poway, California, ApproYing Minor Deyelopment Review Application
(MDRA) 05-29 Assessor's Parcel Number 275-270-35." Motion carried unanimously.
PUBLIC HEARINGS
ITEM 5 (0780-08)
ENVIRONMENTAL ASSESSMENT (EA) 05-05
ACQUISITION OF VACANT PARCEL
14134 SYCAMORE AVENUE
APN: 314-201-30
City Manager Bowersox presented the staff report. On October 30, 2001, the City
Council/Redevelopment Agency authorized staff to negotiate terms for the acquisition of
available flood-prone parcels located within the 100-Year Floodway of Rattlesnake Creek.
Staff has conducted site due diligence on the 500 square-foot vacant parcel (APN 314-201-
30) and negotiated the terms of sale in an effort to pursue the deyelopment of potential future
open space and/or other recreational uses within the Paguay Redevelopment Project Area.
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The property is located within the 100- Year FEMA designated f100dway of Rattlesnake Creek.
Property encumbered by the 100-Year f100dway is blighted because it is flood-prone and
cannot be improyed.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery and seconded by Council member Boyack to close the public
hearing, approve the Negative Declaration and adopt Resolution No. P-05-74 entitled "A
Resolution of the City of Poway, California, Approving Environmental Assessment 05-05,
Acquisition of Property Located West of 14134 Sycamore Avenue Assessor's Parcel Number
314-201-30", and authorized the expenditure of $1,000 from the Project/Field Acquisition
Project (5650B), approve the purchase of APN 314-201-30 and authorize the City
Manager/Executive Director to execute the documents necessary to complete the acquisition.
Motion carried unanimously.
ITEM 6 (0490-51)
APPROPRIATION OF CITIZEN'S OPTION
PUBLIC SAFETY (COPS) PROGRAM
City Manager Bowersox presented the staff report. The COPS program provides funding
from the State's General Fund to local agencies to enhance public safety. The County of San
Diego has received FY 05-06 COPS funding from the State Controller's Office and distributed
the City of Poway's share of $1 00,000. The Safety Services Department has requested use
of these funds to partially offset the cost of the two Sheriffs positions initially approved by the
City Council in FY 99-00. The City of Poway is required to maintain historic levels of funding
for law enforcement that existed prior to this grant. These funds can be used to supplement
the existing law enforcement budget and are to be used for front-line municipal police
services, which include personnel expenses and capital needs.
Motion by Council member Rexford and seconded by Councilmember Boyack to close the
public hearing and appropriate $100,000 from the Supplemental Law Enforcement Services
Fund (Fund 249) to offset the cost of two Sheriffs positions for FY 05-06. Motion carried
unanimously.
STAFF REPORTS
ITEM 7 (0850-60)
INSTALLATION OF STOP SIGN
GOLDEN WAY AT POWAY ROAD
City Manager Bowersox presented the staff report. On June 14,2005, City staff receiyed a
request from the Sheriffs Department to investigate the possibility of installing a stop sign on
Golden Way at Poway Road. The proposed stop sign on Golden Way will ensure that
vehicles attempting to enter the traffic flow on Poway Road will stop first in the same manner
as vehicles on the north side of the intersection.
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Motion by Councilmember Boyack and seconded by Deputy Mayor Emery to adopt
Resolution No. 05-093 entitled "A Resolution of the City Council of the City of Poway,
California, Installing a Stop Control on Golden Way at Poway Road." Motion carried
unanimously.
ITEM 8 (0760-05)
UNDERGROUNDING UTILITY ASSESSMENT DISTRICT
POTENTIAL FORMATION
NORTH AREA POWAY
Councilmembers Boyack and Higginson disqualified themselves from hearing this item due to
a conflict of interest.
City Manager Bowersox presented the staff report. The Green Valley Civic Association
(GVCA) has requested that the City consider forming a utility undergrounding assessment
district in a north area of Poway, in the Green Valley area. The estimated cost for
undergrounding all overhead utilities located in GVCA neighborhoods, for the electricity
portion only, is $26.8 million.
Dr. Bruce Tarzy, Poway, on behalf of the Green Valley Civic Association, spoke in support of
investigating this issue further.
City Council consensus was to ask the Green Valley Civic Association to further identify the
proposed area for formation of the utility undergrounding assessment district and the
collection of signatures from 66.67% of the impacted property owners on a sample petition
form provided by the City; and authorize staff to proceed with the development of procedures
and guidelines for the formation of a utility undergrounding assessment district following
receipt of the signed petition.
ITEM 9 (0870-90)
RAINY SEASON GRADING REPORT
City Manager Bowersox and Director of Development Services Fritz presented the staff
report. During the last rainy season, runoff from the third highest rainfall on record, along with
the erosion of exposed land from the aftermath of the Cedar Fire, resulted in the City having
to cope with more severe flooding and siltation problems.
Staff is implementing the new policies described in the report. The City Council consensus
was to receiye and file the report.
CITY MANAGER ITEMS
20. City Manager Bowersox announced that as of this date, he has attended 1,354 City
Council meetings since his appointment as City Manager in 1981. He noted that he
has three (3) meetings left to attend before retiring from the City.
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MAYOR AND CITY COUNCIL.INITIATED ITEMS
26. Mayor Cafagna requested and received concurrence from the City Council to hold a
Pre-Deyelopment Conference (PDC) 05-03 for Rick Dentt, regarding a proposed
change in land use designation from Light Industrial (L1) to Light Industrial/Outdoor
Storage (L1/S) on property located at 12650 Brookprinter Place. APN: 317-224-16.
(0200-30)
ADJOURNMENT Mayor Cafagna adjourned the meeting 8:08 p.m.
O)~~~
L. Diane Shea, City Clerk
City of Poway, California
8530