CC 2006 05-16
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MAY 16, 2006
The May 16, 2006, 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 Civic
Center Drive, Poway, California, for a Regular City Council Meeting.
COUNCILMEMBERS PRESENT
Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford and Mickey Cafagna
COUNCILMEMBERS ABSENT
None
STAFF MEMBERS PRESENT
Rod Gould
Penny Riley
Lisa A. Foster
Diane Shea
Niall Fritz
Warren Shafer
Dennis Quillen
Tina White
Mark Sanchez
Dave Corn
Frank Casteleneto
Kristen Crane
Paolo Romero
PLEDGE OF ALLEGIANCE
City Manager
Assistant City Manager
Interim City Attorney
City Clerk
Director of Development Services
Interim Director Redevelopment Services
Deputy Director of Public Works
Director of Administrative Services
Director of Safety Services
Sheriff's Lieutenant
City Engineer
Assistant to the City Manager
Management Analyst
Deputy Mayor Rexford led the pledge of allegiance.
PRESENTATIONS AND PROCLAMATIONS
Mayor Cafagna presented a Proclamation to Amanda Newby, Chair of Poway Family Focus
Night, declaring May 22, 2006 as Poway Family Focus Night.
Mayor Cafagna presented a Proclamation to representatives from the Public Works
Department and Development Services Department declaring May 21 - 27, 2006 as National
Public Works Week.
Development Services Director Niall Fritz announced that the City Council was recently
awarded the American Society of Civil Engineers Award of Excellence for Aubrey Park.
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CITY COUNCILMEMBER ANNOUNCEMENTS
A. Poway Bob's Restaurant Review. Councilmember Emery reviewed Tokyo Express
Restaurant in the Target Shopping Center.
Council member Emery also commented on last weekend's excellent and well-
attended Poway Band Festival and the popularity of Lake Poway on Mother's Day.
B. Councilmember Boyack thanked all those involved fortheir efforts for Family Focus
Night scheduled for May 22, 2006.
C. Council member Higginson also thanked those involved with Family Focus Night
and thanked staff for the weekend event in Old Poway Park.
D. Council member Rexford commented on the Law Enforcement Memorial Service in
Balboa Park, the Poway Band Festival and the Poway's Dog Day.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications noting that State
law may prohibit the City Council from taking action on items not on the agenda, and items
will be referred to staff. The following people spoke:
Lori & Ralph Garafalo spoke on the denial of their pre-application for a variance to build a wall
on their property.
Marsha Kipp, Poway, suggested disallowing home-occupation businesses that produce a
nuisance in the neighborhood.
Kathy Horman, Poway, spoke on the noise and public nuisance associated with Aubrey Park
to the nearby homes.
Shirley Brown, Poway, asked the City Council to keep a balance of members on the Housing
Commission.
The following people spoke in opposition to the removal of Dallas Hayden from the Housing
Commission:
Deanne Simpson, Poway
Fran Collins, Poway
Sherry Wilks, Poway
Robert Smull, Poway
Dallas Hayden, Poway
Morrie Itzkowitz, Poway
Five (5) other people submitted speaker slips indicating opposition to Mr. Hayden's removal
from the Commission, however, did not speak.
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CONSENT CALENDAR:
The Consent Calendar consists of items 7 though 26: Items 16 and 26 were removed from
the Consent Calendar at the request of public speakers; Item 10 was heard separately due to
a conflict of interest with Councilmember Boyack; and Item 11 was heard separately due to a
conflict of interest with Deputy Mayor Rexford.
As to items 7, 8, and 12-24: Motion by Council member Higginson and seconded by
Council member Emery to approve the Consent Calendar items 7-9 and 12-24 as submitted.
Motion carried unanimously.
7. Ratification of Warrant Reoisters for the periods of April 10-14 and April 17-21 ,2006.
(0475-20)
8. Approval of Minutes - City Council
April 4, 2006 Regular Meeting
April 6, 2006 Canceled Adjourned Regular Meeting
April 11, 2006 Regular Meeting
April 18, 2006 Canceled Regular Meeting
April 25, 2006 Canceled Regular Meeting
10. Reiection of Claim for Damage - Carol Bartlett.
(0190-10)
This item was removed from the Consent Calendar and heard separately. Motion by
Council member Emery and seconded by Council member Higginson to reject the claim.
Motion carried 4-0 with Council member Boyack disqualifying herself due to a potential
conflict of interest.
11. Approval of Release of Gradino Securities for Grading Bond No. 828813S in the
amount of $146,700 for The Reserve, a 9-lot residential subdivision located on Creek
Road, Development Review 04-04; Colin Hernstad, Colrich Communities, Applicant.
APN: 320-230-01 thru 07,10 and 11. (0200-20)
This item heard separately from the Consent Calendar. Motion by Council member
Higginson and seconded by Councilmember Emery to approve the release of the bond
in the amount of $146,700. Motion carried 4-0 with Deputy Mayor Rexford
disqualifying herself due to a potential conflict of interest.
12. Adoption of Resolution No. 06-037, entitled: "A Resolution of the City Council of the
City of Poway, California, Establishing a No Parkino Zone on Metate Lane at the
Pomerado Road Intersection." (0860-10)
13. Approval of Final Map for Tentative Parcel Map 04-04 for the property located at
14530 and 14548 Garden Road. Khalid Jamil, Owner. APNs: 323-032-30 and 33.
This project is also associated with Variance 04-14. (0210-70)
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14. Adoption of Resolution No. 06-038, entitled: "A Resolution of the City Council of the
City of Poway, California, Adopting the National Incident Manaoement Svstem."
(0320-20)
15. Approval of Final Map for Tentative Parcel Map 05-04 for the property located at
15615 Pomerado Road. Palomar Pomerado Hospital, Applicant. APNs: 275-461-04,
275-470-01,06,10 and 26. (ZOA 05-05/GPA 05-04/CUP 92-02M/MCUP 05-05/DR
04-11NAR 05-13) (0210-80)
16. Approval of installation of Speed Calmino Measures on Martincoit Road within the
Painted Rock Elementary School Area which includes: 1) Installation of a Driver
Feedback Speed Sign south of Painted Rock Elementary School; relocation of the 25
mph school zone speed sign; extension of the existing edge line striping on Martincoit
Road as part of the school zone speed calming measure; 2) Investigate the feasibility
of a Capital Improvement Project for the curb extension at the existing school
crosswalk, including lighting of the crosswalk, and; 3) Deny the request for speed
humps on Martincoit Road. (0850-65)
This item was removed from the Consent Calendar and heard separately at the
request of members of the public wishing to speak on this issue.
Bruce Tarzy, representing Green Valley Civic Association, supports staff
recommendations opposing speed bumps.
Deborah Kronenbitter, Poway, supports City Manager's recommendations, but also
suggested speed bumps to slow traffic.
Roger Covalt, Poway, suggested more law enforcement in the area.
Linda Gattenio, Poway, supports driver feedback signs activated during the extended
school hours of 6:30 a.m. to 6:00 p.m.
Lynne Baker, Poway, spoke in support of Safe Routes to School.
Michelle Lane, Poway, showed a picture of her son who was hit by a car in this area
and severely injured. She asked for support of safety measures.
Jack Traxel, Principal of Painted Rock Elementary School, said motorists need to slow
down in the area of the school.
Motion by Councilmember Emery and seconded by Deputy Mayor Rexford to approve
staff's recommendation and directing that the Driver Feedback Speed Signs be
activated to the extended school hours of 6:30 a.m. to 6:00 p.m. Motion carried
unanimously.
17. Approval of purchase contract with Lynx Technologies to provide digital, emergency-
response run maps, in the amount of $24,000. (0700-80)
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18. Adoption of Resolution No. 06-039, entitled: "A Resolution of the City Council of the
City of Poway, California, Authorizing the Submittal of Applications to the California
Integrated Waste Management Board for the Used Oil Recyclino and Household
Hazardous Waste Grant Prooram and Rescinding Resolution No. 02-026;" and
authorize the Director of Public Works to execute all necessary documents for the
purpose of securing grant funds for the period between July 1, 2006 and June 30,
2011. (0490-51)
19. Award of Contract to Tri-Group Construction and Development. Inc., in the amount of
$88,930 for the Parks Curb Ramp Improvements Project (#1548A), Bid No. 06-010.
(0700-10)
20. Acceptance of the Svcamore Avenue South Improvements Project (#5917), Bid No.
05-010, from Kirk Paving, Inc. (0700-10)
21. Acceptance of the Hilleary Park and Lake Powav Upper Plavoround Renovation
Proiect (#1669) from Alvand Construction, Inc. (0700-10)
22. Approval of a Consultant Aoreement with Harris and Associates, Inc. for as-needed
plan check engineering services. (0700-10)
23. Approval of a Consultant Aoreement with Infrastructure Enoineerino Corporation for
as-needed plan check engineering services. (0700-10)
24. Award of Contract to Facilitv Automation Svstems in the amount of $100,300 for the
Poway Center for the Performing Arts Heating, Ventilation, and Air Conditioning
(HVAC) Controls Upgrade Project and authorize the City Manager to execute the
necessary documents. (0700-10)
25. Award of Bid to ..... in the amount of $.... for the Community Road Improvements,
Phase 3 - Sound Wall Project (#1820), Bid No. 06-009. The sound wall will be built on
the west side of Community Road between Sycamore Tree Lane and Twin Peaks
Road. (Bids to be opened May 9, 2006) This item was continued to June 6, 2006.
(0700-10)
26. Approval of an appropriation of $12,400 from the General Fund Undesignated Fund
Balance (100-8912) to Equipment Repair and Maintenance (0205-4308), authorize the
Poway-Midland Railroad Volunteers to replace all 75 boiler flue tubes on the City's
train utilizing Manley's Boiler, Inc., and direct staff to reimburse the Poway-Midland
Railroad Volunteers once repairs have been completed. (0480-30)
This item removed from the Consent Calendar at the request of members of the public
who wished to show support for the item but did not wish to speak.
Motion by Council member Emery and seconded by Deputy Mayor Rexford to approve
the appropriation, authorize the volunteers replace all 75 boiler flue tubes on the City's
train utilizing Manley's Boiler, Inc., and direct staff to reimburse the Poway-Midland
Railroad Volunteers once repairs have been completed. Motion carried unanimously.
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PUBLIC HEARINGS:
ITEM 1 (0320-65 #636)
ORDINANCE NO. 636-FIRST READING
AMEND MUNICIPAL CODE CHAPTER 8.11
ALCOHOL WARNING SIGNS
On May 2, 2006, the City Council opened the public hearing, reviewed and considered an
amendment to the City's Alcohol Warning Signs Ordinance. At the meeting, owners of a local
bar requested that the proposed amendment include on-sale establishments with a California
Department of Alcoholic Beverage Control License Type 47. In response, Council directed
staff to continue the public hearing to May 16, 2006, to address those concerns. Staff
investigated concerns raised at the May 2nd meeting and resulted in no changes to the
proposed ordinance wording.
There was no one present wishing to speak.
Motion by Deputy Mayor Rexford and seconded by Councilmember Boyack to introduce
Ordinance No. 636 entitled, "An Ordinance of the City of Poway, California, Amending Poway
Municipal Code Chapter 8.11 'Entitled Alcohol Warning Signs Relating to Bars"', waive further
reading, and continue the public hearing to June 6, 2006 for second reading and adoption of
the ordinance. Motion carried unanimously.
PUBLIC HEARINGS
ITEM 2 (0220-60 #637)
ORDINANCE NO. 637-FIRST READING
SPECIFIC PLAN AMENDMENT (SPA) 84-01YYY
SOUTH POWAY SPECIFIC PLAN
SHAMROCKlPOWAY INVESTORS III, APPLICANT
APNs: 323-480-10 AND 14
Mayor Cafagna opened the public hearing and Niall Fritz, Director of Development Services,
presented the staff report. This is a request to amend the Land Use Designation of properties
located in the South Poway Business Park from Light Industrial (L1) to Industrial Park (IP)
pursuant to procedures contained in the South Poway Specific Plan. The IP designation
provides for a broader range of office uses and are desired in the Business Park. The vacant
properties total approximately 7.65 acres. They are located in the easterly portion of the
Business Park, an area dominated by similar zoning and office uses. The properties are
appropriate for the IP land use designation.
There was no one present wishing to speak.
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Motion by Council member Higginson and seconded by Deputy Mayor Rexford to introduce
Ordinance No. 637, entitled, "An Ordinance of the City of Poway, California, Approving a
Specific Plan Amendment (SPA 84-01 YYY) to the South Poway Specific Plan to Change the
Land Use Designation on Two Vacant Properties Totaling Approximately 7.65 Acres Located
on the North Side of Danielson Street, West of First American Way from Light Industrial to
Industrial Park. APNs: 323-480-10 and 14", waived further reading, and continued the public
hearing to June 6, 2006 for second reading and adoption. Motion carried unanimously.
ITEM 3 (0210-30)
MODIFICATION TO CONDITIONAL USE PERMIT 88-14
AND DEVELOPMENT REVIEW (05-13)
MDWF ARCHITECTS, APPLICANT
FIRST CHURCH OF CHRIST, SCIENTIST, OWNER
16315 POMERADO ROAD
APN: 275-510-12
Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development Services,
presented the staff report. The applicant is requesting a modification to their Conditional Use
Permit (CUP) and a new Development Review (DR) permit to demolish and replace an
existing 6,450-sqare-foot, multi-purpose building at the First Church of Christ, Scientist
located at 16315 Pomerado Road, within the Rural Residential C zone. The 3,500-square-
foot replacement building will be used for Sunday school, a reading room, committee
meetings, and childcare during services in the main sanctuary, which will remain. No new
programs or activities are proposed. A new 14-space parking lot is proposed on the south
side of the site. The Church is also requesting to keep the existing 2, 160-square-foot, multi-
purpose trailer located in the north parking lot until the new, permanent multi-purpose building
has been built. The Zoning Ordinance allows the use of a modular building on a temporary
basis with the approval of a CUP. The proposed project meets all development standards.
Bill Magnuson, MDWF Architects, was present to answer questions. No one from the public
wished to speak.
Motion by Deputy Mayor Rexford and seconded by Councilmember Emery to close public
hearing and adopt Planning Resolution P-06-28 entitled "A Resolution of the City Council of
the City of Poway, California, Approving Conditional Use Permit (CUP) 88-14M and
Development Review (DR) 05-13, Assessor's Parcel Numbers 275-510-12." Motion carried
unanimously.
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STAFF REPORTS
ITEM 4 (0220-40/0200-60)
PRE-GENERAL PLAN AMENDMENT (PGPA)
06-01A, B, AND C
SPECIFIC PLAN AMENDMENT (SPA) 89-01A
RAYMOND FREY, BRUCE GEERNAERT AND
TOM STORY, APPLICANTS
APNs: 317-130-47,317-130-41,277-080-04,
277-070-05, 14, 15 and 16
Niall Fritz, Director of Development Services, presented the staff report. The owners of the
SteinMart Shopping Center and the small office building on the northeast corner of Poway
Road and Midland Road have submitted Pre-General Plan Amendments 06-01A and B to
change the land use and zoning from Automotive/General Commercial (A1GC) to Commercial
General (CG) to attract more desirable tenants not available under the existing A1GC zone.
Sunroad Enterprises has submitted a Pre-General Plan Amendment (PGPA) 06-01C and
Specific Plan Amendment (SPA 89-01) to change the land use and zoning from RR-A to PC
for a 122.49-acre site located on Old Coach Road, previously known as the Snow property.
The SPA would amend the boundaries of the Old Coach Estates Specific Plan to incorporate
the 122.49-acre Sunroad Enterprises property. As there is no increase in density beyond that
permitted by the General Plan, this action is not subject to Proposition FF.
Bruce Tarzy, representing the Green Valley Civic Association, supports SPA 89-01 A.
Motion by Deputy Mayor Rexford and seconded by Councilmember Emery to adopt
Resolution 06-036 entitled, "A Resolution of the City Council of the City of Poway, California,
Initiating Pre-General Plan Amendment 06-01 A, B, and C, and Specific Plan Amendment 89-
01A" and further directed staff to begin discussions with the owner to acquire the vacant
parcel at Old Coach Road and Espola Road. Motion carried unanimously.
ITEM 5 (0210-50)
MINOR CONDITIONAL USE PERMIT (MCUP) 00-06M(2)
POWAY MITSUBISHI & HYUNDAI SERVICE DEPT.
MARK ABELKOP, APPLICANT
APNs: 323-201-22 and 323-203-20
Niall Fritz, Director of Development Services, presented the staff report. This is a six-month
status update on the approved extended hours of operation for the Poway Mitsubishi and
Hyundai Service Department located at 13864 and 13910 Poway Road, in the
Automotive/General Commercial zone of the Poway Road Specific Plan area, as required by
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Conditions of Approval of MCUP 00-06M(2). The intent of the update is to determine whether
the extended hours for the repair service have caused impacts within the neighborhood. Staff
has not received any complaints since the extended hours of operations. Therefore, staff
believes that it is not necessary to schedule a separate review regarding the auto dealership's
compliance with the Conditions of Approval. Resolution P-05-62 for the MCUP still provides
for an annual review of the business and the ability to schedule any unresolved issues before
the City Council.
There was on one present wishing to speak on this item.
The City Council heard the report and directed it be filed.
ITEM 6 (0850-90)
POWAY GRADE LEFT-TURN
IMPROVEMENT STUDY REPORT
Niall Fritz, Director of Development Services, presented the staff report. On August 16, 2005,
the City Council approved a staff report recommendation to retain the services of a consulting
firm to prepare a feasibility study for the left-turn lanes on Poway Road between Espola Road
and SR-67 at the intersections of Mina de Oro Road, Blue Crystal Trails, and Millards Road.
The feasibility study has addressed the left-turn length and taper design criteria, preliminary
engineering design, and most importantly, the probable project cost for all three left-turn
lanes.
Allen Sterger, Poway, asked the Council to move as quickly as possible to complete the Mino
de Oro Road portion and urged the Council to repay the $28,000 to the few residents who
paid for this project several years ago.
Motion by Mayor Cafagna and seconded by Deputy Mayor Rexford to accept the feasibility
report with the option of 1:1 side slope for the left-turn lanes on Poway Road, between Espola
Road and SR-67 at the intersections of Mina de Oro Road, Blue Crystal Trails, and Millards
Road, with a direction to staff to move expeditiously on the Mina de Oro Road project.
Motion carried unanimously.
CITY ATTORNEY ITEMS
28. Interim City Attorney Lisa Foster requested a closed session on the following item:
Closed Session:
Conference With Labor Negotiator
Authority: Gov. Code 9 54957.6
City's Negotiator: City Manager Rod Gould
Employee Organizations: The Non-Safety Employees
The Management, Supervisory, Professional
and Confidential Employees
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CLOSED SESSION
Mayor Cafagna called for a Closed Session at 8:43 p.m. as requested by the Interim City
Attorney.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna returned to Council Chambers at 9:04 p.m. and announced that there was
no reportable action from the Closed Session.
ADJOURNMENT
Mayor Cafagna adjourned the meeting 9:05 p.m.
~~~CI'~
City of Poway, California
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