CC 2006 08-01
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
AUGUST 1, 2006
The August 1, 2006, 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 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
Robert Clark
Niall Fritz
Dena Fuentes
Dennis Quillen
Tina White
Mike Hubert
Dave Corn
Kristen Crane
Paolo Romero
City Manager
Assistant City Manager
Interim City Attorney
City Clerk
Director of Community Services
Director of Development Services
Director of Redevelopment Services
Deputy Director of Public Works
Director of Administrative Services
Division Chief, Safety Services
Sheriff's Lieutenant
Assistant to the City Manager
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the pledge of allegiance.
PRESENTATION
Jeffrey Wiemann, Chief Executive Officer of the American Red Cross, presented the Circle of
Humanitarian Award to the City Council.
CITY COUNCILMEMBER ANNOUNCEMENTS
A. Council member Emery did not give his "Restaurant Review" this week.
B. Councilmember Boyack reported on her attendance at the League of California Cities
conference.
C. Councilmember Emery reported on his attendance at the League of California Cities
conference.
D. Deputy Mayor Rexford reported on her attendance at the League of California Cities
conference.
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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 person spoke:
Ed Carboneau, Poway, alleged serial meetings between City Manager and Council members.
PUBLIC HEARINGS
1. Ordinance No. 642 - Second Reading, entitled: "An Ordinance of the City of
Poway, California, Adding Section 17.26.400 to the Poway Municipal Code to Add
an Appeal Provision to the City's Inclusionary Housing Requirements." (0260-90)
City Clerk Diane Shea presented the staff report. The City Council introduced this
ordinance at a public hearing at the July 18, 2006 City Council meeting. There was no
public testimony offered at that time.
There was no one present from the public wishing to speak on this issue.
Motion by Council member Boyack and seconded by Councilmember Emery to close
the public hearing, waive further reading and adopt Ordinance No. 642 entitled, "An
Ordinance of the City of Poway, California, Adding Section 17.26.400 to the Poway
Municipal Code to Add an Appeal Provision to the City's Inclusionary Housing
Requirements." Motion carried unanimously by roll call vote.
2. Consideration of a Resolution Establishina the Fire Protection Tax, the Street
and Water and Sewer Assessments, and the Road Improvement Assessments to
be Collected on the Property Tax Rolls for Fiscal Year 2006-2007. (0490-75)
Mayor Cafagna opened the public hearing. Tina White, Director of Administrative
Services, presented the staff report. Annually, the City collects various taxes, fees,
charges, and assessments on the tax rolls by following the procedures set up for such
collections by the County of San Diego. To collect these items, it is necessary to
adopt a resolution setting the charges and to authorize staff to transmit the information
to the Auditor/Control of the County of San Diego.
There was no one present from the public wishing to speak on this issue.
Motion by Council member Boyack and seconded by Deputy Mayor Rexford to close
public hearing, adopt Resolution No. 06-061 entitled, "A Resolution of the City Council
of the City of Poway, California, Establishing the Fire Protection Tax, the Street and
Water and Sewer Assessments, and the Road Improvement Assessments to be
Collected on the Property Tax Roll for Fiscal Year 2006-2007." Motion carried
unanimously.
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3. Consideration of a Resolution Settina the Special Tax Rate and the Amount to be
Levied on Property within the South Poway Community Facilities District No.1
for Fiscal Year 2006-2007. (0490-75)
Mayor Cafagna opened the public hearing. Tina White, Director of Administrative
Services, presented the staff report. In December 1985, the City Council approved the
formation of the South Poway Community Facilities District No.1 pursuant to the terms
and provisions of the Mello-Roos Community Facilities District Act of 1982. The City
Council authorized the issuance of $26,090,000 in 1998 Special Tax Refunding
Bonds. Under the covenants of the bonds, it is necessary to hold a public hearing in
order to establish the amount of the special tax to be assessed on property within the
District for fiscal year 2006-2007.
There was no one present from the public wishing to speak on this issue.
Motion by Deputy Mayor Rexford and seconded by Councilmember Higginson to close
the public hearing and adopt Resolution No. 06-062 entitled, "A Resolution of the City
Council of the City of Poway, California, Setting the Special Tax Rate and the Amount
to be Levied on Property within the South Poway Community Facilities District NO.1
for Fiscal Year 2006-2007." Motion carried unanimously.
4. Consideration of a Resolution Settina the Special Tax Rate and the Amount to be
Levied on Property within the Community Facilities District No. 88-1 (Parkway
Business Centre) for Fiscal Year 2006-07. (0490-75)
Mayor Cafagna opened the public hearing. Tina White, Director of Administrative
Services, presented the staff report. In October 1988, the City Council approved the
formation of the Community Facilities District No. 88-1 (Parkway Business Centre) to
provide for the issuance of special tax bonds to finance the construction and
acquisition of certain public improvements within the District. The City Council
authorized the issuance of $35,445,000 in 1998 Special Tax Refunding Bonds. Under
the covenants of the bonds, it is necessary to hold a public hearing in order to
establish the amount of the special tax to be assessed on property within the District
for fiscal year 2006-2007.
There was no one present from the public wishing to speak on this issue.
Motion by Deputy Mayor Rexford and seconded by Councilmember Boyack to close
the public hearing and adopt Resolution No. 06-063 entitled: "A Resolution of the City
Council of the City of Poway, California, Setting the Special Tax Rate and the Amount
to be Levied on Property within the Community Facilities District No. 88-1 (Parkway
Business Centre) for Fiscal Year 2006-2007." Motion carried unanimously.
5. Environmental Assessment and Tentative Parcel Map 06-01; George and
Elizabeth Heller, Owners/Paxton Surveying, Applicant. A request to allow the
subdivision of one 0.56-acre lot into three lots, with Parcel 1 at 0.12 acres, Parcel
2 at 0.17 acres and Parcel 3 at 0.23 acres. The subject property is located at
13034-36 Carriage Road, south of poway Road, in the Residential Single-Family 7
(RS-7) zone. APN: 317-490-26. (0200-50)
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Niall Fritz, Director of Development Services, presented the staff report. Approval of
this project would subdivide a 0.56-acre residential property into three parcels. The
existing duplex residence on the property will be removed. Access to all of the new
lots will be from Carriage Road. The proposed subdivision would enable the
construction of three single-family homes on the site. Construction ofthe homes is not
proposed at this time. The project complies with all applicable City standards.
The following people spoke on this item:
Bob Sukup, Civil Engineer on project, asked for staff assistance on the power pole and
undergrounding of neighbors' power.
Motion by Councilmember Boyack and seconded by Deputy Mayor Rexford to close
the public hearing and adopt Planning Resolution No. P-06-37 entitled, "A Resolution
of the City Council of the City of Poway, California, Approving Tentative Parcel Map
(TPM) 06-01 Assessor's Parcel Number 317-490-26." Motion carried unanimously.
6. Conditional Use Permit 06-02; Poway Girls Softball League, Applicant. A request
for approval to utilize a temporary modular building for food and drink
concessions, and two seatainers for storage at Aubrey Park for up to one year.
The property is located at the northwest corner of Midland Road and Aubrey
Street. APNs: 314-182-20,24,33,34,35,44,46,50 and 51. (0210-30)
Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development
Services, presented the staff report. Poway Girls Softball League (PGSL) is
requesting approval to use a temporary modular building for food and drink
concessions, and two seatainers for storage at Aubrey Park. Aubrey Park is the
newest City park, which includes sports fields and was built by the City in partnership
with the PGSL, and is located at the northwest corner of Aubrey Street and Midland
Road. The park is complete except for the construction of a permanent concessions,
storage, and restroom building that will be in the same location as the temporary
buildings, which are in the northwest corner of the site. The temporary structures are
necessary until the permanent building is constructed. Pursuant to the Poway
Municipal Code, the placement and use of such temporary structures on a site require
a City Council approval of a Conditional Use Permit. PGSL is requesting approval for
the structures for up to one year, however, they have been working on securing
funding and expect to begin and complete construction within the next six months.
The following people spoke on this issue:
Joe St. Lucas, Poway, stated the CUP had a time limit of one year, not two years as
reflected in Page 2, Section 3 of the current resolution.
Lauren Blomberg, Poway, suggested the City Council adopt healthy eating guidelines
for the PGSL snack shack.
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Maureen Bomberg, Poway, asked that rules be enforced prohibiting vehicular access
to Aubrey Park via Sycamore Avenue.
Kathy Horman, Poway, addressed her concerns about the softball fields related to
traffic impacts, noise, and inadequate facilities.
Dee Fleischman, Poway, addressed her concerns with the access to the park and the
design of the permanent structures. She asked those plans be brought back to a
Council meeting for public review.
Motion by Councilmember Emery and seconded by Councilmember Higginson to close
the public hearing and adopt Planning Resolution No. P-06-38, entitled, "A Resolution
of the City Council of the City of Poway, California, Approving Conditional Use Permit
06-02 Assessor's Parcel Numbers 314-182-20, 24, 33, 34, 35, 44, 46, 50 and 51."
Motion carried unanimously.
STAFF REPORTS
6.1 Consideration of a Temporarv Use Permit for Perrv Ford at 12740 Poway Road
for a nationwide promotional sales event from August 2 - September 5, 2006.
{021 0-60)
Niall Fritz, Director of Development Services, provided the staff report. Perry Ford
auto dealership located at 12740 Poway Road, contacted staff a few days ago
regarding a planned 34-day parking lot sales event scheduled to begin on August 3,
2006. The issuance of a Temporary Use Permit is required. The Zoning Ordinance
allows such events to occur for a maximum of 5 days in any 60-day calendar days. On
November 30,2004, the City Council received a staff report on a potential amendment
to the Poway Municipal Code concerning parking lot sales in commercial zones and
whether or not nationwide sales events should be allowed more time than specific by
the Code. Council directed staff to allow extensions of time for nationwide sales on a
case-by-case basis, subject to Council review.
The current request did not allow enough time for Council approval of the TUP since
they want to start the event on Thursday and additional lead time is needed to process
the TUP and to place the item on the agenda for Council approval. However, the
Zoning Ordinance allows the Director of Development Services to issue a Temporary
Use Permit and to extend the time limit for temporary use if it is determined that the
extension is in accordance with the purposes of the zoning regulations. In 2004, the
Director, with the City Council concurrence, approved a national sales event for a 20-
day period under this provision of the Ordinance. Due to the length of time being
requested, staff is requesting Council direction as to whether the Director should issue
the TUP for a 34-day parking lot sale as provided in the Zoning Ordinance.
There was no one present wishing to speak.
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Motion by Deputy Mayor Rexford and seconded by Councilmember Emery to approve
the TUP for 34 days if it is determined by staff to be appropriate in accordance with the
purposes of the zoning regulation; and directed staff to review the Zoning Ordinance
and bring the issue back to the City Council before any further requests are brought
before the Council. Motion carried unanimously.
CONSENT CALENDAR
Items 7 through 12: Motion by Councilmember Higginson and seconded by Deputy Mayor
Rexford to approve the Consent Calendar as submitted, except that items 8 and 10 were
removed for discussion. Motion carried unanimously.
7. Ratification of Warrant ReQisters for the periods of June 26-30,2006 and July 3-7,
2006. (0475-20)
8. Adoption of Resolution No. 06-064, entitled: "A Resolution ofthe City Council of
the City of Poway, California, Approvina a Stop Sian on the Westbound
Approach of Paseo Colina to the Old Pomerado Road Intersection." (0850-60)
This item was removed from the Consent Calendar for public comment:
Debbie Quantrell, Poway, objects to the stop sign.
Motion by Councilmember Higginson and seconded by Councilmember Boyack to
adopt Resolution No. 06-064, entitled: "A Resolution of the City Council of the City of
Poway, California, Approving a Stop Sign on the Westbound Approach of Paseo
Colina to the Old Pomerado Road Intersection." Motion carried unanimously.
9. Adoption of Resolution No. 06-065, entitled: "A Resolution ofthe City Council of
the City of Poway, California, Approvina a Stop Sian on Rockwell Court at the
Palisades Drive Intersection." (0850-60)
10. Adoption of Resolution No. 06-066, entitled: "A Resolution ofthe City Council of
the City of Poway, California, Establishina a Two-Hour Parkina Zones on Silver
Lake Drive south ofthe Poway Road Intersection." (0860-10)
This item was removed from the Consent Calendar for public comment:
Ed Carboneau, Poway, inquired if there is any disabled parking in this area.
Motion by Councilmember Emery and seconded by Councilmember Boyack to adopt
Resolution No. 06-066, entitled: "A Resolution of the City Council ofthe City of Poway,
California, Establishing a Two-Hour Parking Zones on Silver Lake Drive south of the
Poway Road Intersection." Motion carried unanimously.
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11. Approval of an appropriation of $10,000 from the City Grants Unappropriated
Fund Balance (247-8912) to the Kumeyaay-Ipai Interpretive Site Project (CIP
1671) to be reimbursed by the County grant from County Supervisor Dianne
Jacob, Community Projects Fund. (0490-51)
12. Acceptance of the Pomerado Road Sound Wall Proiect (#1290) from West Coast
General Corporation. (0700-10)
WORKSHOP ITEM
13. Discussion regarding Town Center Concepts for Poway Road.
(0240-30)
City Manager Gould introduced the item. Scott Edwards, Economic Development
Manager, presented the staff report and provided a PowerPoint presentation.
No one from the public spoke on this issue.
The City Council received the presentation.
CITY MANAGER ITEMS
14. City Manager Gould reported on the discussions with the Poway Unified School District
on a joint-use agreement relating to an Arts Center project stating that rapid progress
has been made and he will provide a further report in two weeks.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
17 A. Council member Emery had agendized "Discussion of Heritage Parade safety and free
speech concerns." He removed this item from the agenda as his concerns have been
addressed by the Chamber of Commerce.
Councilmember Emery asked for and received City Council concurrence to place an
item on a future agenda to discuss the Big Stone Lodge and the possibility of making it
into a passive park for community use.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:54 p.m.
~~CI'rn
City of Poway, California
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