CC 2006 09-05
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
SEPTEMBER 5, 2006
The September 5,2006, Regular Meeting of the City Council of the City of Poway, was called
to order at 7:03 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
Jim Howell
Tina White
Mark Sanchez
Charlie Campe
Kristen Crane
Paolo Romero
City Manager
Assistant City Manager
Interim City Attorney
City Clerk
Director of Community Services
Director of Development Services
Director of Public Works
Director of Administrative Services
Director of Safety Services
Sheriffs Captain
Assistant to the City Manager
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the pledge of allegiance.
CITY COUNCILMEMBER ANNOUNCEMENTS
A. Poway Bob's Restaurant Review. Councilmember Emery reviewed New York
Bagels and Cafe on Poway Road saying it was an excellent place for breakfast and
lunch.
Council member Boyack asked that staff look into problems along Pomerado Road,
specifically private car sales along the roadway.
Mayor Cafagna welcomed Boy Scout Troop 607 attending the Council meeting.
PRESENTATIONS
Presentation of Certificate of Appreciation to Past Redevelopment and Housing
Advisory Committee Member: Anthony Pagano. Mayor Cafagna extended the City
Council's appreciation for Mr. Pagano's work on the committee and said the plaque would be
mailed to him as he was unable to attend tonight's meeting.
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Presentation of a Proclamation Declarina September 2006 as Emeraencv Preparedness
Month. Mayor Cafagna presented the proclamation to Mark Sanchez, Director of Safety
Services.
SANDAG Presentation on the Transportation Progress Report: This item was removed
from the agenda and will be agendized for a future City Council meeting.
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:
Gisela Sommer, San Diego, called attention to the human rights violations against Falun
Gong practitioners in China and asked for the public's support by signing a petition.
Pamela Campos, Poway, said there is a critical need for adequate transportation for the
elderly, disabled and injured citizens, and asked the Council to start a program to provide this
service in Poway.
Ed Carboneau, Poway, said that students at schools in south Poway are as important as
those in other schools in Poway, and questioned the impact of affordable housing on Valley
School's performance and being sanctioned for not meeting "No Child Left Behind" goals.
Lynette Perkes, Poway, said that when building affordable housing on south and central
Poway, passive parks should be included and suggested building a park with a veterans
memorial, benches, trees, grass, and flag pole.
Dee Fleischman, Poway, supported Ms. Perkes' suggestions.
Bud Wiederrich, Poway, recommended the City do more to inform its residents on how sewer
and water rates are determined.
Connie Messina, Poway, agrees there should be more passive parks in affordable housing
areas. She proposed a moratorium on any more affordable housing projects that would affect
Valley Elementary School because the school has been sanctioned for not meeting the state
and federal guidelines of "No Child Left Behind."
PUBLIC HEARINGS
1. Environmental Assessment/Tentative Tract Map 05-02; Norwalk VII, LLC,
Applicant. A request to subdivide a 2.01 acre property into seven single-family
residential lots, located on the north side of Norwalk Street, south ofTwin Peaks
Road, and east of Community Road at 13506 Norwalk Street. APN: 314-194-62
(02OQ..6O)
At the applicant's request, that this item is removed from the City Council agenda in
order to allow the applicant time to modify the plans to address a neighborhood issue.
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2. (a) Ordinance No. 643 - First reading, entitled: "An Ordinance of the City of
Poway, California, Changing the Zoning Classification of Certain Properties
Located at the Northeast Corner of Poway Road and Midland Road (ZC 06-02)
APNs: 317-130-41 and 47;"
(b) Environmental AssessmentlGeneral Plan Amendment 06.Q2/SDecific Plan
Amendment 95-01C; Bruce Geernaert and Raymond Frey/Kimco Realty
Corporation, Applicants. A request to rezone two adjacent parcels, totaling 9.57
acres, located on the northeast corner of Poway Road and Midland Road, from
Automotive/General Commercial (AlGC) to Commercial General (CG), and to
amend the Poway Road Specific Plan to reflect map and text changes resulting
from the General Plan Amendment/Zone Change. (0220-40)
Council member Boyack disqualified herself from this item because she receives a
source of income from the residents of real property within 500 feet of the property
being discussed. She left the Council Chambers during the discussion.
Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development
Services, presented the staff report. The owners of Poway City Centre and the
adjoining office building, located on the northeast corner of Poway Road and Midland
Road, are completing an expansion and revitalization of their shopping centers, which
now support a wide variety of restaurant and general retail uses. Both of the subject
parcels are zoned A/GC. The applicants are requesting a change in land use and
zoning from A/GC zoning to CG, as the existing A/GC land use matrix precludes their
ability to attract additional desirable tenants such as jewelry stores, flower shops, and
financial institutions, as these uses are not allowed in the A/GC zone. The parcels are
located with the poway Road Specific Plan, therefore, the Plan must be amended to
reflect map and text changes resulting from the GPA/ZC.
There was no one from the public present wishing to speak on this item.
Motion by Deputy Mayor Rexford, seconded by Council member Higginson, to continue
the public hearing to September 19, 2006 for second reading of the ordinance and
adoption of the proposed resolutions approving GPA 06-02 and SPA 95-01 C. Motion
carried 4-0, with Councilmember Boyack disqualified.
3. Conditional Use Permit 05-03M; Susan Barnes, SoCal Elite Allstars Cheerleading
and Dance, Applicant. A request to modify an existing CUP to enable the
cheerleading studio to relocate from a 5,381-square-foot suite to a 13,200-
square-foot suite within the Scenic View Business Park. The proposed site is
located at 12556 Kirkham Court, Building J, Suites 2 & 3, within the Light
Industrial (L1) zone and the South Poway Specific Plan area. APN: 317-225-05
(0210-30)
Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development
Services, presented the staff report.
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The applicant is requesting approval to modify an existing Conditional Use Permit
(CUP 05-03) to enable the applicant to relocate the existing cheerleading studio from a
5,381-square-foot tenant space to a 13,200-square-foot tenant space within the same
industrial center in the South Poway Specific Plan area. The center will continue to
offer cheerleading classes after school and on Saturdays. No exterior improvements
are proposed. Adequate on-site parking exists to accommodate the expanded studio
and there will be no parking impacts.
There was no one present from the public wishing to speak on this item.
Mayor Cafagna closed the public hearing. Motion by Deputy Mayor Rexford,
seconded by Councilmember Emery to adopt Planning Resolution No. P-06-41,
entitled, "A Resolution of the City Council of the City of Poway, California, Approving
Conditional Use Permit 05-03M and Rescinding Resolution No. P-05-51, Assessor's
Parcel Number 317-225-05." Motion carried unanimously.
STAFF REPORTS
4. Consideration of a Temporary Parkina Lot Sales Event at PowayToyota, located
at 13760 Poway Road. APN: 317-130-61. (0210-60)
On August 21, 2006, the City received a Temporary Use Permit (TUP) application in
the mail from Poway Toyota for a planned 34-day nationwide parking lot sales event
scheduled to begin on August 24,2006. The issuance of a TUP for a parking lot sale
is required. Section 17.26.030E of the Zoning Ordinance allows parking lot sales to
occur for a maximum of 5 days in any 60 calendar days. On November 30,2004, the
City Council received a staff report on a potential amendment to the Poway Municipal
Code concerning nationwide parking lot sales in commercial zones and whether or not
they should be allowed more time than specified in the code. City Council directed
staff to allow extensions of time for nationwide sales on a case-by-case basis, subject
to City Council review.
Section 17.26.050 of the Zoning Ordinance allows the Development Service Director
to issue a TUP and to extend the time limit for temporary uses if it is determined that
the extension is in accordance with the purposes ofthe zoning regulations. In order to
accommodate Poway Toyota's planned August 24,2006 event start date, a TUP was
processed and approved with a 20-day term and with the potential for an extension to
September 25, 2006, subject to City Council approval.
Motion by Deputy Mayor Rexford and seconded by Councilmember Higginson to issue
the temporary use permit for a 34-day parking lot sale as provided in the Zoning
Ordinance. Motion carried unanimously.
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CONSENT CALENDAR
Motion by Council member Emery, seconded by Deputy Mayor Rexford to approve the
Consent Calendar consisting of Items 5, 6, 8-13 as submitted. Motion carried unanimously.
5. Ratification of Warrant Reaisters for the periods of July 24 - July 28, July 31-
August 4, and August 7 - August 11, 2006. (0475-20)
6. Approval of Minutes - City Council
August 1, 2006 Regular Meeting
August 3, 2006 Canceled Adjourned Regular Meeting
August 8, 2006 Canceled Regular Meeting
August 15, 2006 Regular Meeting
August 22, 2006 Canceled Regular Meeting
August 29, 2006 Canceled Regular Meeting
Approval of City's Investment Report as of July 31,2006.
8.
(0450-80)
9. Adoption of Resolution No. 06-071, entitled: "A Resolution ofthe City Council of
the City of Poway, California, Supportina the "CallinQ for 2-1-1 Act IS 211/HR
896)" and authorize the appropriation of $5,000 from the Unappropriated General
Fund Balance to the City Council Community Relations Fund. (0740-55)
Sara Matta, representative of the program, gave an overview of the services the
program offers.
10. (a) Adoption of Resolution No. 06-072, entitled: "A Resolution of the City
Council of the City of Poway, California, Commending Eaale Scout Christopher
M. Selenskv;"
(b) Adoption of Resolution No. 06-073, entitled: "A Resolution of the City
Council of the City of Poway, California, Commending Eaale Scout Barron
Patrick Stark;" and,
(c) Adoption of Resolution No. 06-074, entitled: "A Resolution of the City
Council of the City of Poway, California, Commending Eaale Scout Steven
Edward Wancewicz." (0710-40)
11. Receive and file the Annual Report on Conditional Use Permit/Reclamation Plan
89-05 for Vulcan Materials Company located 13501 Kirkham Way. APN: 320-031-
03,04 and 06. (0210-30)
12. Acceptance of the Park Curb Ramp Improvements Proiect (#1548A) from Tri-
Group Construction and Development, Inc. (0700-10)
13. Approval of ConsultinQ Services Aareement with FCS Group and ColQan
Consultina for a Comprehensive Fee Study and Developmental Impact Fee
Study. (0700-10)
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WORKSHOP ITEM
14. Discussion of the Transportation Element.
(0220-40)
Niall Fritz, Director of Development Services, introduced this item, and Zoubir Ouadah,
Traffic Engineer, presented a PowerPoint presentation. The last major update to the
Transportation Element was completed in 1991. The City is approaching "build-out"
and the Element needs to be updated to reflect changes over the past 15 years.
Regional traffic flows were discussed along with the impact to Poway's roadways
currently and by 2030 and conceptual plans were presented for three major roadways:
PowayGrade, Espola Road south of Twin Peaks Road, and Twin Peaks Road west of
Community Road.
Connie Messina, Poway, is concerned about horse safety along Espola Road, and
suggested alternate start times for the schools.
City Council consensus preferred a three-lane design for Espola Road; supported
exploring alternate designs for other critical segments; and supported working with
other agencies to address regional traffic flow.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:30 p.m.
X~~
L. Diane Shea, City Clerk
City of Poway, California
8710