CC 2006 11-14
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
NOVEMBER 14, 2006
The November 14, 2006, Regular Meeting of the City Council of the City of Poway, was called
to order at 7:07 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
COUNCILMEMBERS ABSENT
None
STAFF MEMBERS PRESENT
Rod Gould
Penny Riley
Lisa A. Foster
Diane Shea
Niall Fritz
Jim Howell
Dena Fuentes
Peter Moote
Mark Sanchez
Charlie Campe
Frank Casteleneto
Jason Martin
Jonathan Smith
Kristen Crane
Paolo Romero
City Manager
Assistant City Manager
City Attorney
City Clerk
Director of Development Services
Director of Public Works
Director of Redevelopment Services
Assistant Director of Administrative Services
Director of Safety Services
Sheriffs Captain
City Engineer
Senior Planner
Senior Engineer
Assistant to the City Manager
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the pledge of allegiance.
CITY COUNCILMEMBER ANNOUNCEMENTS
A. Councilmember Emery gave a review of Coney Island Pizza, noting their claimed
authentic Coney Island style pizza.
B. Councilmember Boyack commended Poway Women's Club for their wonderful
community service.
C. Deputy Mayor Rexford spoke on her concerns on flood plain channels.
PRESENTATIONS
Mayor Cafagna presented a Certificate of Appreciation to Jay Kacirk, past member of the
Housing Commission.
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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 people spoke:
Bruce Tarzy, representing Green Valley Civic Association, spoke on the proliferation of signs,
particularly real estate signs, and the City's sign standards.
Philip Butzen, Poway, spoke on aging infrastructure in the Budwin Lane area, requesting City
assistance in addressing the problems.
Connie Messina, Poway, spoke on infrastructure problems in older neighborhoods, such as
Oak Knoll, and asked it be made a City priority.
CONTINUED PUBLIC HEARINGS
1. Ordinance No. 645, Second Reading, entitled: "An Ordinance of the City of
Poway, California, Approving a Specific Plan Amendment (SPA 84-01ZZZ) to the
South Poway Specific Plan to Change the Land Use Designation on a Developed,
Approximate One-Acre Property Located at 12875 Brookprinter Place from Light
Industrial to Industrial Park APN: 317-224-23." Bothwell International Ltd.,
Applicant. (Continued from October 17, 2006 Item #3) (0220-60)
On October 17, 2006, the City Council introduced and held the first reading of
Ordinance No. 645. All Councilmembers were present at the first reading. No public
testimony was received.
There was no one from the public wishing to speak.
Motion by Council member Higginson and seconded Deputy Mayor Rexford to close
the public hearing, waive further reading and adopt Ordinance No. 645, entitled, "An
Ordinance of the City of Poway, California, Approving a Specific Plan Amendment
(SPA 84-01ZZZ) to the South Poway Specific Plan to Change the Land Use
Designation on a Developed, Approximate One-Acre Property Located at 12875
Brookprinter Place from Light I ndustrial to I ndustrial Park APN: 317-224-23." Motion
carried 5-0 by a roll call vote.
PUBLIC HEARINGS
2. Ordinance No. 646, First Reading, entitled: "An Ordinance of the City of Poway,
California, Amending Section 8.08.020, Section 8.08.040, Section 8.08.100 and
Section 16.44.140 of the Poway Municipal Code Concerning Time for Use of
Construction Equipment and Time of Grading and clearing Operations."
(0330-55)
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Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development
Services, presented the staff report. This amendment of several existing ordinances is
for the purpose of clarifying the City's time limits for using construction equipment, and
for grading and clearance activities, to prevent noise nuisances. This amendment
clarifies the definition of holiday, specifies the type of construction equipment that can
be used on Sundays and holidays by a homeowner performing construction on his or
her own home, updates the list of zones in the noise ordinance, and clarifies the time
limits for use of construction equipment and time limits for grading and clearance
activities.
The following people spoke on this item:
Bruce Tarzy, representing Green Valley Civic Association, spoke in support of the
project.
Motion by Councilmember Higginson and seconded by Deputy Mayor Rexford to waive
further reading of the ordinance, and continue the public hearing to December 5, 2006
for second reading and adoption. Motion carried unanimously.
3. Ordinance No. 647, First Reading, entitled: "An Ordinance ofthe City of Poway,
California, Relinquishing a 0.22-acre Portion of a 16.5-Acre Dedicated City-
Owned Open Space Lot (APN 321-420-15) to Accommodate Project-Related
(MORA 06-19) Improvements to Espola Road;" and,
Environmental AssessmentlHillside/Ridaeline-Minor Development Review
Application (MDRA) 06-19; George Ardizzone, Applicant. A request to develop a
single-family residence and tennis court on a 46-acre property located at the
northeast corner of the intersection of Poway Grade and Espola Road, within the
Rural Residential-A (RR-A) zone. The property is located at the northeast comer
of the intersection of Poway Grade and Espola Road. APNs: 321-260-27,22,
321-271-06 and 321-420-15. (0200-25)
Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development
Services, presented the staff report. The applicant is requesting approval to construct
a 6,120-square-foot, single-story residence, with an attached 3-car garage and an
unlighted tennis court, on a 46-acre site located on the northeast corner of the
intersection of Poway Grade and Espola Road. Improvements required for the
development will result in an acceleration lane along northbound Espola encroaching
into approximately 0.22 acres of dedicated City-owned Open Space. Therefore, the
applicant is also requesting City Council approval of an Ordinance to allow
relinquishment of the impacted Open Space as required by Poway Municipal Code
Section 16.16.110.
The following people spoke in support of this item:
Robert McKenzie, Poway
Amy Mahjouri, Poway
John Pavin, Poway
John Fitch, Poway
Ted Schultz, poway
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The following people spoke in opposition or with concerns of the project:
Michael Rothbart, Poway
Nancy Ujazdowski, Poway
Louann Schloss, Poway
Motion by Councilmember Emery and seconded by Deputy Mayor Rexford to approve
the Mitigated Negative Declaration, waive further reading of the Ordinance, and
continue the public hearing to December 5, 2006 for second reading and adoption of
the Ordinance, and approval of the proposed Resolution for Hillside/Ridgeline Minor
Development Review Application 06-19. Motion carried unanimously.
4. Conditional Use Permit (CUP) 06-o6/Development Review (DR) 06-03; Ed
Stoughton, Applicant. A request for approval to establish a construction
contractor's office with outdoor storage on the site located at 13795 Blaisdell
Place, in the Light Industrial/Outdoor Storage (L1/S) zone in the South Poway
Business Park. APN: 317-810-15. (0210-30)
Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development
Services, presented the staff report. The applicant is requesting approval to establish
a construction contractor's office with an outdoor storage yard on the property located
at 13795 Blaisdell Place, in the Light Industrial/Outdoor Storage zone in the South
Poway Business Park. The zone allows such uses with approval of a Conditional Use
Permit. The approximate 1-acre site is currently vacant and is proposed to be
developed with a 15,000-square-foot building, 30 on-site parking spaces, and an open
area for storage of construction materials and equipment. D & D Concrete will occupy
the building. The site is adjacent to other outdoor storage uses. Outdoor storage will
be conducted at the rear of the site, and a solid wall and landscaping will be provided
to further assist in screening. The outdoor storage will not be readily visible to the
street or properties in the area.
There was no one from the public wishing to speak on this item.
Motion by Councilmember Emery and seconded by Councilmember Boyack to close
the public hearing; adopt Planning Resolution No. P-06-52, entitled: "A Resolution of
the City Council of the City of Poway, California, Approving Conditional Use Permit 06-
06 and Development Review 06-03 Assessor's Parcel Number 317-810-15." Motion
carried unanimously.
5. Tentative Tract Map (TTM) 06-05; Parkway Commerce Center Holdings LLC,
Applicant. A request for a condominium conversion of four existing, light
industrial warehouse buildings on three contiguous properties located at 13651,
13691,13741, and 13771 Danielson Street, in the Light Industrial (L1) zone. APN:
317-280-37,77, and 78. (0200-60)
Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development
Services, presented the staff report.
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The applicant is proposing a condominium conversion of four existing, light industrial
warehouse buildings on three contiguous properties located at 13651,13691,13741,
and 13771 Danielson Street, in the Light Industrial zone. Currently, the four buildings
are divided into 36 individual tenant spaces ranging in size from 2,100 to 9,100 square
feet.
The proposed TTM will create a one-lot subdivision and an air space condominium for
36 individual units. The number of units that would be created may decrease in the
time before approval of the Final Map, as the developer may consolidate some existing
tenant spaces to create larger units depending on market demands. The final number
will be known prior to the approval of the Final Map, but will not exceed 36 units.
There was no one from the public wishing to speak on this item.
Motion by Council member Higginson and seconded by Deputy Mayor Rexford to close
the public hearing; adopt Planning Resolution No. P-06-53, entitled: "A Resolution of
the City Council of the City of Poway, California, Approving Tentative Tract Map (TTM)
06-05 Assessor's Parcel Numbers 317-280-37, 77 and 78." Motion carried
unanimously.
6. Environmental AssessmentlTentative Tract MaD (TTMI 05-Q2Nariance (VARI.Q2:
10: 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,
east of Community Road. The applicant is also requesting a Variance to
construct a fence and retaining wall combination along the east property line
that would measure up to 9 feet in height where 6 feet is the maximum height
allowed. The property is located at 13506 Norwalk Street. APN: 314.194.62.
(0200-60)
Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development
Services, presented the staff report. The applicant proposes to subdivide a 2.01-acre
property into 7 single-family residential lots ranging in size from 10,000 to 15,000-
square-feet. The site is located on the north side of Norwalk Street, between
Community Road and Midland Road. The parcel is in the Residential Single-Family 4
(RS-4) zone, which permits residential lots a minimum of 10,000 square feet or four
units per acre. The property currently contains a vacant single-family structure and
some mature trees. Development of the site would require demolition of the existing
vacant house and removal of mature ornamental trees. The seven lots would take
access from Norwalk Street via a new private street. The applicant also requests a
Variance to construct a fence and retaining wall combination along the east property
line that would measure up to 9 feet in height, where 6 feet is the maximum height
allowed.
Thomas Woodburn, applicant, spoke in favor of the project.
The following people spoke in opposition or with concerns on the project:
Ashne Hasson, Poway
Carol Hillis, Poway
Dee Fleischman, Poway
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Motion by Deputy Mayor Rexford and seconded by Councilmember Boyack to close
the public hearing; adopt Planning Resolution P-06-54, entitled: "A Resolution of the
City Council of the City of Poway, California, Approving a Mitigated Negative
Declaration, Tentative Tract Map (TTM) 05-02 and Variance 06-10 Assessor's Parcel
Number 314-194-62." Motion carried unanimously.
STAFF REPORTS
7. Telecastina System - Acceptance of Final Design by Integrated Media Systems
(IMS). (0700-10)
Peter Moote, Assistant Director of Administrative Services, presented the staff report.
Staff is recommending acceptance of the design phase of the telecasting system and
authorization to proceed with implementation of the cablecasting phase, to include (1)
purchase and installation of equipment, (2) perform the necessary modifications to the
Council Chambers, including lighting, camera installation, and cabling, and (3)
establish a programming schedule based on Council direction. The final phase ofthe
project, to include webcasting, video archiving and off-site event recording, is proposed
for implementation at a future date.
Connie Messina, Poway, spoke in favor of the item.
Kevin McNamara, Poway, opposed the item.
Motion by Council member Emery and seconded by Deputy Mayor Rexford to accept
the final design of the telecasting system, authorize staff to proceed with the
cablecasting phase of the project, and approve the proposed programming schedule.
Motion carried unanimously.
8. Old Powav Park Master Plan UDdate: An update on the status of various
development projects proposed in the Old Poway Park Master Plan, including
the Veterans Memorial, as well as Midland Road street improvements. The park
is located at 14134 Midland Road. (0620-40)
Niall Fritz, Director of Development Services, presented the staff report. This report
provides an update on all of the proposed development projects identified in the Old
Poway Park Master Plan. This includes the Veterans Memorial, Poway Fine Arts
Education Center, Cafe, Train Depot, Farmers Market and Farmers Market Parking
Lot, Restaurant site and the Midland Road street improvements. It also discusses the
status of the Midland Animal Clinic and the Brighton Housing project. The report
recommends the creations of a Veterans Memorial committee. Due to increasing
construction costs, the report seeks City Council approval to reallocate $1,124,400 in
City funds to fully fund the selected projects.
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The following people supported the Veterans Committee:
Ed Ketcham, Poway
Frank Mainard, Poway
Jim Forrest, VFW, poway
Dee Fleischman, Poway, expressed her concerns on the project.
Motion by CouncilmemberlDirector Higginson and seconded by Deputy MayorNice
Chair Rexford to:
A. Adopt Redevelopment Resolution No. R-06-07 entitled, "A Resolution of the
Poway Redevelopment Agency, Determining that the Road Improvement,
Sewer and Storm Drainage Projects Adjacent to the Proposed Brighton
Affordable Housing Project are of Benefit to the Paguay Redevelopment Project
and Authorizing Payment of Agency Low and Moderate Income Housing Funds
Therefore;" and,
B. Adopt Resolution No. 06-087, entitled, "A Resolution of the City Council of the
City of Poway, California, Determining that the Road Improvement, Sewer and
Storm Drainage Projects Adjacent to the Proposed Brighton Affordable Housing
Project are of Benefit to the Paguay Redevelopment Project and Authorizing
Payment of Agency Low and Moderate Income Housing Funds Therefore;" and,
C. Concur with the establishment of a Veterans Committee; and
E. Appropriate $350,000 from the Drainage AB1600 (Fund 232) Unappropriated
fund balance, utilize $480,400 from the Unappropriated fund balance 2002
RDA TABs (Fund 440) and encumber $294,000 from the development impact
fees (Fund 471) to be paid by the Brighton Housing Development.
The City Council/Redevelopment Agency did not support recommendation "D" relating
to the Train Depot as that project was referred back to staff for redesign at the
November 14, 2006 5:30 p.m. Special City Council meeting.
Motion carried unanimously.
9. Reiection of Bids for the Kumeyaay-Ipai Interpretive Center Modular Building
(CIP #1671) - Bid No. 06-017 for the property located at 13104 Silver Lake Drive.
(0480-42)
Niall Fritz, Director of Development Services, presented the staff report. On
September 21, 2006, a Notice Inviting Bids was issued for the Kumeyaay-Ipai
Interpretive Center Modular Building Project at the southern terminus of Silver Lake
Drive south of Poway Road. The contract time for this project was 120 working days
with an Engineer's estimate of $65,000 to $85,000. The bids were opened on October
17,2006 with two bids being received. The lowest responsible bidder was Modular
Building Concepts, Inc., who submitted a bid in the amount of $132,511.
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This amount is significantly greater than the funds available for the project. The City
Council has the authority under these circumstances to reject all bids and readvertise,
or to reject all bids and by a 4/5 vote, authorize staff to procure the contract on the
open market, pursuant to the Public Contracts Code Sections 20166 and 20167.
There was no one from the public wishing to speak on this matter.
Motion by Councilmember Higginson and seconded by Councilmember Emery to
reject all bids and authorized staff to procure the contract on the open market. Motion
carried unanimously.
CONSENT CALENDAR
Motion by Deputy Mayor Rexford and seconded by Council member Emery to approve the
Consent Calendar consisting of items 10, 11, 13, 14, and 16 through 26 as submitted. Motion
carried unanimously. Item 15 was removed from the Consent Calendar at the request of a
member of the public for discussion.
10. Ratification of Warrant Reaisters for the periods of September 25-29, October 2-6,
October 9-13 and October 16-20, 2006. (0475-20)
11. Approval of Minutes - City Council
October 3, 2006 Regular Meeting
October 5, 2006 Canceled Adjourned Regular Meeting
October 10, 2006 Regular Meeting
October 17, 2006 Regular Meeting
October 24, 2006 Canceled Regular Meeting
October 31, 2006 Canceled Regular Meeting
November 2, 2006 Canceled Adjourned Regular Meeting
November 7,2006 Canceled Regular Meeting
13. Approval of Citv's Investment Report as of September 30, 2006.
(0450-80)
14. Approval of Final Map for Tentative Tract Map lTTM) 04-03 for the property
located on the north side of the 13600 block of Somerset Road. Crook Family
Limited Partnership, Owner. APN: 314-241-15,16 and 17 (0200-60)
15. Adoption of Planning Resolution No. P-06-55, entitled: "A Resolution of the City
Council of the City of Poway, California, Approving Minor Development Review
Application lMDRA) 04-40R Assessor's Parcel Number 321-060-24" for the
construction of a 770-square-foot, second-story, addition to an existing 3,169-
square-foot residence; a 337 -square-foot addition to an existing 675-square-foot
attached garage; and a detached, single-story, 1 ,009-square-foot guest house
with an 891-square-foot attached garage on a 3.05-acre site. The property is
located 14706 High Valley Road. Andy & Elizabeth Seitz, Owners. APN: 321-060-
24 (0200-25)
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This item removed from the Consent Calendar at request of a member of the public for
discussion. Dee Fleischman inquired about the project.
Motion by Council member Emery and seconded by Council member Boyack to adopt
the Planning Resolution P-06-55 as submitted. Motion carried unanimously.
16. Approval of Contract with SYSCO Foods for Goods and Services during a major
emergency. (0700-10)
17. Award of Contract to Fire Protection Plus for fire suppression equipment service
in the amount not-to-exceed $18,408.55 for the first contract year and authorize
the City Manager to execute the necessary documents. (0700-10)
18. Approval of Salarv Adiustments for Senior Civil Engineer, Associate Civil
Engineer, Senior Accountant, and Senior Equipment Mechanic retroactive to the
first full pay period of July 2006 and Adoption of Resolution No. 06-088 entitled,
"A Resolution of the City Council of the City of Poway, California, Amending the
Salary and Benefit Plan for the Management, Supervisory, Professional and
Confidential Employees and Amending the Memorandum of Understanding
Between the City and the California Teamsters Local 911 Representing the Non-
Safety Employees. (0520-20)
19. Acceptance of the Powav Center for the Performina Arts Heating, Ventilation,
and Air Conditional (HVAC) Controls Upgrade Project from Facility Automation
Systems, Inc. (0700-10)
20. Approval of Aareement with the Powav-Midland Railroad Volunteers for
operation of the City's rolling stock located at Old Poway Park, 14134 Midland
Road. (0700-10)
21. Adoption of Resolution No. 06-086, entitled: "A Resolution ofthe City Council of
the City of Poway, California, Approving the Grant Aareement with the California
Cultural and Historical Endowment (CCHE) under the California Clean Water,
Clean Air, safe Neighborhood Parks, and Coastal Protection Act of 2002," the
appropriation of $380,311 from the City Grants Unappropriated Fund (247-8912)
to the Kumeyaay-Ipai Interpretive Center Project (CIP 1671) to be reimbursed by
the grant, and authorize the City Manager to execute the Agreement. (0490-51)
22. Approval of Aareement with Union Bank of California for banking services.
(0700-10)
23. Adoption of Planning Resolution No. P-06-56, entitled: "A Resolution of the City
Council of the City of Poway, California, Approvina Minor Development Review
Application (MDRAI 06-20 Adiacentto Assessor's Parcel Number 277-181-22" for
the installation of a telecommunications facility on a replacement streetlight
pole, which is located on the north side of Espola Road, east of Cloudcroft Drive,
adjacent to the Old Coach Collection subdivision. SRES, Inc., for Cingular
Wireless, Applicant. APN: Adjacent to 277-181-22. (0200-25)
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24. Approval of Master Communications Site Encroachment Aareement between the
City of Poway and New Cingular Wireless PCS, LCC for the installation and
operation of a wireless telecommunications facility in the public right-of-way,
located on the north side of Espola Road, near Cloudcroft Drive. APN: Adjacent
to 277-181-22. (0700-10)
25. Adoption of Planning Resolution No. P'()6-57, entitled: "A Resolution ofthe City
Council of the City of Poway, California, Approvina Minor Development Review
Application (MDRA) 06-59 Adiacent to Assessor's Parcel Number 275'()32'()4" for
the installation of a telecommunications facility on a new streetlight pole, which
is located on the south side of Espola Road, west of Valle Verde Road, adjacent
to the Rural Residential C (RR-C) zone. M&M Telecom, Inc., for Cricket
Communications, Applicant. (02~
26. Approval of Master Communications Site Encroachment Aareement between the
City of Poway and Cricket Communications, LLC for the installation and
operation of a wireless telecommunication facilities in the public right-of-way on
the south side of Espola Road, west of Valle Verde Road. APN: Adjacentto 275-
032'()4. (0700-10)
CITY MANAGER ITEMS
27. City Manager Gould announced that this is Sheriffs Captain Campe's last City of
Poway Council meeting as he has been reassigned to lead the SWAT Unit beginning
November 24. Mr. Gould commended Charlie on his many years of exceptional
service to the City of Poway.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
30. Councilmember Emery had asked consideration for time limits for re-vegetation
of cut and fill slopes on approved projects. Mr. Emery said this issue had been
covered during earlier discussion items this evening, and that staff had indicated there
are currently procedures in place to address this issue.
Bruce Tarzy, representing Green Valley Civic Association, spoke in support of Mr.
Emery's item.
31. Deputy Mayor Rexford requested concurrence to place bronze sculptures, Pride
of the Wilderness and The Pioneers, at the Poway Center for the Performing Arts
and the Poway Library.
City Council expressed a desire to consider this matter at the December 5th City
Council meeting when a staff report is to be presented by Community Services.
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ADJOURNMENT
Mayor Cafagna adjourned the meeting at 9:47 p.m.
;:A. ~~h_
L. Diane Shea, City Clerk
City of Poway, California
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