CC 2005 12-06
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
DECEMBER 6, 2005
The December 6, 2005, Regular Meeting of the City Council of the City of Poway, was called
to order at 7:01 p.m. by Mayor Cafagna at the Poway City Council Chambers, 13325 Civic
Center Drive, Poway, California.
COUNCILMEMBERS PRESENT
Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford, and Mickey Cafagna
STAFF MEMBERS PRESENT
Jim Bowersox
Penny Riley
Tamara Smith
Diane Shea
Robert Clark
Jim Howell
Deborah Johnson
Warren Shafer
Charlie Campe
Niall Fritz
Patti Brindle
Kristen Crane
Paolo Romero
City Manager
Assistant City Manager
City Attorney
City Clerk
Director of Community Services
Director of Public Works
Director of Redeyelopment
Director of Administrative Services
Sheriffs Captain
Director of Development Services
City Planner
Assistant to the City Manager
Management Assistant
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the pledge of allegiance.
SELECTION OF DEPUTY MAYOR
Motion by Deputy Mayor Emery and seconded by Councilmember Higginson to appoint Betty
Rexford as Deputy Mayor. Motion carried unanimously.
PRESENTATION
A. Presentation by the Poway Sister Cities Network regarding their trip to Marijampole,
Lithuania, Poway's Sister City. Jeff Figler, Poway, gave a PowerPoint slideshow and
then presented the Mayor with the Protocol of Intentions, Memorandum of
Understanding and a replica of the Marijampole City seal.
B. Presentation of Service Award to Merrilee Boyack, Councilmember (1 year) and Bob
Emery, Councilmember (25 years). Mayor Cafagna presented the service awards to
Councilmember Boyack and Council member Emery.
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CITY COUNCILMEMBER ANNOUNCEMENTS
A. Poway Bob's Restaurant Review. Councilmember Emery gave a review on the La
Fontana Restaurant.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications. The following
people spoke:
Scott Fischer, Poway High School, presented City Manager Bowersox with a plaque of
appreciation for his work in this community and the schools.
Tom Farley and Scott Higley, Poway, thanked Mr. Bowersox for his many contributions to
this community oyer the years.
Joe St. Lucas, Poway, spoke about the amplified noise at Creekside Plaza amphitheatre
and asked that it not be allowed.
CONSENT CALENDAR:
Items 11 through 13.1. Motion by Deputy Mayor Rexford, seconded by Council member
Boyack to approve the Consent Calendar as submitted.
11. Approval of the City's Investment Report as of October 31,2005.
12. Approyal of Local Appointments List (Maddy Act).
(0450-80)
(0740-75)
13. Approval of purchase contract with South Coast Fire Equipment for the acquisition of
one fire pumper and one aerial ladder truck in the amount of $1 ,290,304.10.
(0480-30)
13.1 Adoption of Resolution No. 05-099, entitled: "A Resolution of the City Council of the
City of Poway, California, Confirming City of Escondido to Vote in the Absence ofthe
City of Poway Representatiye to the San Diego County Water Authority."(0150-30)
Motion carried unanimously.
PUBLIC HEARINGS
ITEM 1 (0210-80/#629)
ORDINANCE NO. 629/FIRST READING
AMENDING POWAY MUNICIPAL CODE SEC. 17.37
AMATEUR RADIO ANTENNAS (ZOA 05-04)
Mayor Cafagna opened the public hearing. City Manager Bowersox introduced the item and
City Planner Patti Brindle presented the staff report.
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This ordinance would amend the City's regulations regarding the installation of amateur radio
or "ham" antennas. The amendment is in response to a request from representatives of the
local ham radio community. Regulations from other cities in San Diego County were
researched in preparation of the draft and meetings were held with representatiYes of the
local amateur radio community. Currently, antennas are limited to 35 feet in height. The
update proposes that antennas up to 50 feet in height could be approved by the City Council
with a Minor Conditional Use Permit. The amendment would allow an exception to be
granted to height limit, upon demonstration by the applicant that the standard prevents the
possibility of receiving a signal of acceptable quality. The updated regulations would create a
class of antennas that are now exempt from City review.
The following people spoke in favor of the zoning ordinance amendment:
Robert Farkaly, Poway
Jim Cammarano, Poway
Donna Heiser, Poway
Gary Kent, Poway
Glen Peterson, Poway
Charles Ristorcelli, Poway
The following people spoke in opposition of the zoning ordinance amendment:
Peter Mackauf, Poway
Susan Mackauf, poway
Joe Balding, Poway
John Schmitthenner, Poway
Terence Chang, Poway
Duane Lilien, Poway
Walter Miller, Poway
Jack Tripp, Poway
Jerry Smith, Poway
Arthur Lililen, Poway
Jerry Hargarten, Poway
Bruce Tarzy, Poway
Howard Collins, Poway
Motion by Deputy Mayor Rexford and seconded by Council member Boyack to take the matter
off calendar and send back to staff for further work. Motion carried unanimously.
ITEM 2 (0630-90/#630)
ORDINANCE NO. 630/FIRST READING
ENACT NEW MUNICIPAL CODE SECTION 9.48
COMMUNITY SERVICES DEPT. FACILITIES RULES & REGULATIONS
Mayor Cafagna opened the public hearing. City Manager Bowersox introduced the item.
In conjunction with staffs recent update of the rules, regulations and fees associated with use
of facilities that fall under the jurisdiction of Community Services Department, Municipal Code
Chapter 9.48 was revised to address existing language that focuses on "parks and
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recreation" rather than embracing the full scope of cultural facilities and natural resource
areas that fall within the realm of the Department's authority. Sections of the Code were also
amended to address concerns regarding behaviors and actions of facility users that have
been observed in the time following the adoption of Ordinance 494.
There was no one present wishing to speak on this issue.
Motion by Council member Emery and seconded by Deputy Mayor Rexford to waiye further
reading, continue the public hearing to December 20,2005 for second reading and adoption
of Ordinance 630. Motion carried unanimously.
ITEM 3 (0630-90)
COMMUNITY SERVICES DEPARTMENT
FACILITY USE AND RULES AND REGULATIONS POLICY
FACILITY USE FEE POLICY
Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff
report.
The City offers to the public use of various facilities including parks and ecological spaces, the
Poway Center for the Performing Arts, the Poway Community Library, Lake Poway, the
Community Swim Center, sports fields, and the Community Center. The City Council
periodically refines the rules, regulations, laws and fees involyed in providing the facilities.
The proposed Facility Use Rules and Regulations Policy and the Facility Use Fee Policy
coordinate and update existing policies to ensure that they embrace the entire scope of
Community Services Department facilities and functions.
There was no one wishing to speak on this item.
Motion by Councilmember Boyack and seconded by Mayor Cafagna to close the public
hearing, adopt Resolution No. 05-097 entitled "A Resolution of the City Council of the City of
Poway, California, Establishing the Community Services Department Facility Use Rules and
Regulations Policy for Use of City of Poway Community Services Department Facilities
Rescinding Resolutions No. 90-107 and 99-064" and Resolution No. 05-098 entitled "A
Resolution of the City Council of the City of Poway, California, Establishing the Community
Services Department Facility Use Fee Policy for Use of City of Poway Community Services
Department Facilities Rescinding Resolutions No. 93-095, 94-126, 97-042, 98-076, 98-087,
01-064." Motion carried unanimously.
ITEM 4 (0210-70)
VARIANCE 05-11
MIKE & RACHELLE FARRELL, APPLICANT
15054 ESPOLA ROAD
APN: 321-011-40
Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff
report.
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This is a request for a Variance approval to allow overhead utility service to a new residence
located within the Residential Single-Family zone, when service to the residence is required to
be underground.
There was no one present wishing to speak on this item.
Motion by Councilmember Higginson and seconded by Councilmember Boyack to close the
public hearing and adopt Planning Resolution No. P-05-76 entitled "A Resolution ofthe City of
Poway, California, Approving Variance 05-11 Assessor's Parcel Number 321-011-40." Motion
carried unanimously.
ITEM 5 (0700-10)
ENVIRONMENTAL ASSESSMENT (EA) 05-06
DISPOSITION & DEVELOPMENT AGREEMENT
ACQUISITION OF PROPERTY
14210 MIDLAND ROAD
APN: 314-193-39,40,41 AND 314-182-60
Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report.
The Enyironmental Assessment (EA) 05-06, Poway Redeyelopment Agency, Applicant,
proposes the appropriation of funds to acquire an approximately 1 O,300-square-foot property
with a 1, 738-square-foot building located at 14210 Midland Road, in the Commercial General
(CG) zone of the Old Poway Specific Plan area. The project includes funds to acquire the
property from John L. & Diana L. Augustine Trust in exchange for property owned by the
Paguay Redevelopment Agency and relocation assistance. The Poway Redevelopment
Agency is acquiring the property for the purpose of a City parking lot for Old poway Park and
Aubrey Park. The Disposition and Deyelopment Agreement and Relocation Agreement are
also presented for approval.
There was no one present wishing to speak on this item.
Motion by Deputy Mayor Rexford and seconded by Council member Boyack to close the
public hearing and adopt Planning Resolution No. P-05-77 entitled, "A Resolution of the City
of Poway, California, Approving Environmental Assessment 05-06, Acquisition of Property
Located at 14210 Midland Road, Assessor's Parcel Number 314-182-60" and to approve the
Disposition and Deyelopment Agreement subject to City Attorney review and approval of the
lease and indemnity language. Motion carried unanimously.
ITEM 6 (0210-30)
CONDITIONAL USE PERMIT (CUP) 03-01
REVISION TO DEVELOPMENT REVIEW (DR) 03-03
RODNEY R. MEYERS, APPLICANT
SOUTHEAST CORNER MIDLAND RD & AUBREY ST
APN: 314-193-39,40,41 AND 42
Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff
report.
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The applicant is requesting modification to a Condition of Approval to extend the permit
expiration date by two years for the proposed Midland Animal Clinic.
The clinic will be built on the southeast corner of Midland Road and Aubrey Street, located in
the Commercial General (CG) zone within the Old Poway Specific Plan area. On January 6,
2004, the City Council approyed the construction of a new yeterinary building on the yacant
lot. The current approvals will expire on January 6,2006. The applicant has made significant
progress in grading, improvement, building, and landscape plans, but the property owners
need more time to complete the transfer of property with the City of Poway. The applicant is
requesting that the expiration of the approvals be extended to December 2,2007.
There was no one wishing to speak on this item.
Motion by Councilmember Higginson and seconded by Deputy Mayor Rexford to close the
public hearing and adopt Planning Resolution No. P-05-78 entitled "A Resolution of the City
Council of the City of Poway, California, ApproYing Conditional Use Permit 03-01 M and
Development Review 03-03R, Assessor's Parcel Numbers 314-193-40, 41 and 42." Motion
carried unanimously.
ITEM 7 (0700-10)
ENVIRONMENTAL ASSESSMENT (EA)/ VARIANCE 05-12
TENTATIVE TRACT MAP 04-03/DEVELOPMENT REVIEW 05-10
CROOK FAMILY TRUST, APPLICANT
13600 BLOCK SOMERSET ROAD
APNS: 314-241-15,16 AND 17
Mayor Cafagna opened the public hearing. City Manager Bowersox gave the staff report. The
applicant proposes to redevelop the 3.5-acre residential property in the 13600 block of
Somerset Road, along the north side of the street, and subdiyide it into 16 residential lots.
The project also involves the construction of 9 single-family homes on the vacant subdivided
lots and a Variance approval is requested to allow portions of the existing residences and
carports to encroach into the required 18-foot front yard and 5-10-foot side yard setbacks.
No one present was wishing to speak on this item.
Motion by Councilmember Higginson and seconded by Deputy Mayor Rexford to close the
public hearing and adopt Planning Resolution No. P-05-79 entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Mitigated Negative Declaration and
Tentative Tract Map (TIM) 04-03, Development Review 05-10 and Variance 05-12,
Assessor's Parcel Numbers 314-241-15,16 and 17." Motion carried unanimously.
ITEM 8 (0210-30/0700-10)
ENVIRONMENTAL ASSESSMENT (EA)
CONDITIONAL USE PERMIT 05-05/DEVELOPMENT REVIEW 05-07
OCEAN PARK HOTELS, APPLICANT
SCRIPPS POWAY PARKWAY AND STOWE DRIVE
APN: 323-481-08
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Mayor Cafagna opened the public hearing. City Manager Bowersox requested that this item
be continued to the City Council meeting of January 10, 2006 so that the Disposition and
Development Agreement, which is being finalized, can be considered concurrently with the
project's development entitlements.
No one was present wishing to speak on this item.
Motion by Council member Higginson and seconded by Council member Emery to continue the
public hearing to January 10, 2006. Motion carried unanimously.
STAFF REPORTS
ITEM 9 (0220-40)
DRAFT HOUSING ELEMENT
City Manager Bowersox presented the staff report. State law requires a City's Housing
Element to be updated every five years in order to periodically assess the changing housing
needs of the community, and to establish an action plan to address these needs. On August
4, 2005, the City Council conducted a workshop on the Housing Element Update process and
on September 29, 2005 staff conducted a community workshOp on the update and obtained
input from the community. Staff will incorporate City Council comments received and submit
the draft Element to the State Department of Housing and Community Development (HCD).
Upon completion of the HCD's reYiew, the Element will be brought back to the City Council for
adoption.
Maryjo Van Dyke, Poway, thanked staff for listening to her comments and ideas.
Council consensus was to proceed with the submittal to the State Housing and Community
Development Department for reYiew.
ITEM 10 (0200-30)
PREDEVELOPMENT CONFERENCE (PDC) 05-03
RICK DENTT, APPLICANT
PROPOSED CHANGE IN LAND USE DESIGNATION
APN: 317-224-16
The applicant provided information on his proposal for a South Poway Specific Plan (SPSP)
Land Use Designation change on a property from Light Industrial (L1) to Light
Industrial/Outdoor Storage (L1/S).
The City Council provided comments and direction to the applicant.
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MAYOR AND CITY COUNCIL-INITIATED ITEMS
19. Councilmember Emery commented on banners in Poway that say "Happy Holidays-
Shop RB" and suggested that they be remoyed and more Poway 25t~ Anniyersary
banners be placed in other areas in Poway.
20A. Mayor Cafagna requested and received concurrence to hold a Pre-Deyelopment
Conference for (PDC) 05-04 for Ted Bauer of Bauer Insurance Services on December
13, 2005, regarding a proposed change in the land use designation from Light
Industrial/Storage (L1/S) to Industrial Park (IP) on property located at 13750 Danielson
Street. APN: 317-810-18. (0200-30)
ADJOURNMENT Mayor Cafagna adjourned the meeting at 10:35 p.m. in memory of Dorothy
Slater, mother of Tom Tremble, who passed away on December 3, 2005.
d) ~~CI'~
City of Poway, California
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