CC 2007 03-13
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MARCH 13, 2007
The March 13, 2007, 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.
COUNCILMEMBERS PRESENT
Merrilee Boyack, Bob Emery, Betty Rexford, Don Higginson, and Mickey Cafagna
COUNCILMEMBERS ABSENT
None
STAFF MEMBERS PRESENT
Rod Gould
Penny Riley
Lisa A. Foster
Diane Shea
Niall Fritz
Jim Howell
Dena Fuentes
Tina White
Mark Sanchez
Todd E. Frank
Frank Casteleneto
Patti Brindle
Kristen Crane
Paolo Romero
PLEDGE OF ALLEGIANCE
City Manager
Assistant City Manager
City Attorney
City Clerk
Director of Development Services
Director of Public Works
Director of Redevelopment Services
Director of Administrative Services
Director of Safety Services
Sheriff's Captain
City Engineer
City Planner
Assistant to the City Manager
Management Analyst
Deputy Mayor Boyack led the pledge of allegiance.
CITY COUNCILMEMBER ANNOUNCEMENTS
· Poway Bob's Restaurant Review: No review was given.
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:
Lee Tartre, Poway, read a statement about trees and their benefits to the environment.
Diane Armstrong, Poway, asked that the City Council survey the damage on the property that
has been caused by the City.
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CONTINUED PUBLIC HEARINGS
1.
A.
Ordinance No. 649, Second Reading, entitled: "An Ordinance ofthe City
of Poway, California, Approving Specific Plan Amendment (SPA) 84.
01WWW to the South Poway Specific Plan to Change the Land Use
Designation on Property Located at the Southeast Corner of Scripps
Poway Parkway and Gateway Place APNs: 323-091-06 and 323-482-12;"
B. Approval of a Tentative Parcel Map (TPM) 06-04 for a 4-lot subdivision of
the site; and
C. Approval to grade manufactured slopes over 30 feet in height on the
property generally located at the southeast corner of Scripps Poway
Parkway and Gateway Place. Slough Estates, USA, Applicant. APN: 323-
091-06 and 323-482-12. (0220-60)
Niall Fritz, Director of Development Services, presented the staff report. On January
2,2007, the City Council introduced and held the first reading of Ordinance No. 649,
entitled: "An Ordinance of the City of Poway, California, Approving Specific Plan
Amendment (SPA) 84-01WWW to the South Poway Specific Plan to Change the Land
Use Designation on Property Located at the Southeast Comer of Scripps Poway
Parkway and Gateway Place;" and considered approval of a Tentative Parcel Map
(TPM) 06-04 for a 4-lot subdivision of the site; and approval to grade manufactured
slopes over 30 feet in height on the property generally located at the southeast corner
of Scripps Poway Parkway and Gateway Place. All Councilmembers were present at
the first reading. Public testimony was received from one person. Staff recommends
adoption.
Jerry Hargarten, Poway, representing GVCA, thanked Slough Estates for the $150,000
donation for open space. He requested the money be used for park space in the South
Powayarea.
Nick Stavros, Poway, representing the League of Conservation Voters, spoke in
opposition of the ordinance.
Barbara Diederichs, Poway, spoke in opposition of the ordinance.
Kevin McNamara, Poway, spoke in favor of the ordinance.
Motion by Councilmember Higginson and seconded by Councilmember Rexford to
close the public hearing and adopt Planning Resolution No. P-07-07, entitled: "A
Resolution of the City Council of the City of Poway, California, Approving a Mitigated
Negative Declaration and Tentative Parcel Map (TPM) 06-04," as amended to include
a provision that if during the grading of the site, archeological resources or human
remains are discovered, all work shall be stopped immediately and the applicant
contact the City; adopt Ordinance No. 649 by a roll call vote; and accept the
applicant's donation of $150,000 to be used for City parks. Motion carried 5-0 by a
roll call vote.
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2.
A.
Ordinance No. 650, Second Reading, entitled: "An Ordinance of the City
of Poway, California, Changing the Zoning Classification of Certain
Properties (ZC 06-01) APN: A Portion of 321-110-02;"
B. General Plan Amendment (GPA) 06-01 to change the existing General Plan
Land Use designation of the site from RR-A to Planned Community (PC) to
allow for the development with one-net-acre minimum lot sizes in a
"clustered" configuration;
C. Specific Plan Amendment (SPA) 89-01A to amend the Old Coach Golf
Estates Specific Plan to incorporate the 122.5-acre site into the Specific
Plan boundary; and,
D. Tentative Tract Map (TTM) 06-02 to re-subdivide the five parcels into five
"numbered" residential lots, which range in size from approximately one
net acre to 3.5-net acres, and 2 "lettered" lots; one approximately 0.75-
acre lot for the private road and one approximately 111-acre lot for the
purpose of permanently preserving existing natural open space area.
Sunroad Enterprises, Applicant. APNs: 277-071-05, 14, 15, 16 and 277-
080-04. (Continued from January 16, 2007, Item #3; February 6,2007, Item
1) (0220-60)
Niall Fritz, Director of Development Services presented the staff report. On January
16, 2007, the City Council introduced and held the first reading of Ordinance No. 650,
entitled: "An Ordinance of the City of Poway, California, Changing the Zoning
Classification of Certain Properties (ZC 06-01) APN: A Portion of 321-110-02;" and
considered approval of a General Plan Amendment (GPA) 06-01 to change the
existing General Plan Land Use designation of the site from RR-A to Planned
Community (PC) to allow for the development with one-net acre minimum lot sizes in a
"clustered" configuration; Specific Plan (SPA) 89-01A to amend the Old Coach Golf
Estates Specific Plan to incorporate the 122.5-acre site into the Specific Plan
boundary; and Tentative Tract Map (TTM) 06-02 to re-subdivide the five parcels into
five "numbered" residential lots, which range in size from approximately one net acre to
3.5-net acres, and 2 "lettered" lots; one approximately 0.75-acre lot for the private road
and one approximately 111-acre lot for the purpose of permanently preserving existing
natural open space area. All Councilmembers were present at the first reading.
Public testimony was received from two people. Staff recommends adoption.
Jerry Hargarten, Poway, representing GVCA, spoke in opposition ofthe ordinance and
requested the item be continued in view of the recent letter from the property owner.
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Motion by Council member Higginson and seconded by Mayor Cafagna to close the
public hearing; adopt Ordinance 650 by a roll call vote and adopt Resolution No. 07-
019, entitled: " A Resolution of the City Council of the City of Poway, California
Amending the Land Use Element of the General Plan of the City of Poway General
Plan Amendment (GPA) 06-01, Resolution No. 07-020, entitled: "A Resolution of the
City Council of the City of Poway, California Approving Old Coach Golf Estates
Specific Plan Amendment (SPA) 89-01A, APNs: 273-182-18,19; 273-100-10,11;
277-010-02,05,22,23; 217-070- 24, 27-31; 277-071-01, 02, 08, 09; 277-140-01, 06,
23, 24, 26; 277-071-05, 14, 15, 16, and 277-080-04, and Resolution No. P-07-08,
entitled: "A Resolution of the City Council of the City of Poway, California, Approving
a Mitigated Negative Declaration and Tentative Tract Map (TTM) 06-02 Assessor's
Parcel Numbers 277-071-05,14,15,16, and 277-080-04 approving with conditions.
Motion carried 4-1 by a roll call vote, with Councilmember Emery voting "no."
3. Ordinance No. 652, Second Reading, entitled: "An Ordinance of the City of
Poway, California, Amending Chapter 8.04, Sections 8.04.010 through 8.04.100
Concerning Smoking in Public Parks and Trails." (0620-90)
Diane Shea, City Clerk, presented the staff report. On February 20, 2007, the City
Council introduced and had the first reading of Ordinance No. 652 entitled: "An
Ordinance of the City of Poway, California, Amending Chapter 8.04, Sections 8.04.01 0
and 8.04.100 Concerning Smoking in Public Parks and Trails." Deputy Mayor Boyack
was not present at the first reading and one person gave public testimony in support of
the ordinance. Staff recommends adoption.
Motion by Deputy Mayor Boyack and seconded by Councilmember Rexford to close
the public hearing and adopt Ordinance No. 652 by a roll call vote. Motion carried
unanimously.
4. Ordinance No. 653. First Reading, entitled "An Ordinance of the City of Poway,
California Amending Section 17.40.015, Section 17.40.100 and Section 17.40.090
of the Poway Municipal Code Implementing a Prohibition on Moving Signs in the
City of Poway." (0280-90)
Lisa Foster, City Attorney, presented the staff report. This amendment of the City's
Comprehensive Sign Regulations is for the purpose of clarifying the definition of "sign"
so that it includes moving signs, such as human signs, wind activated signs, and sign
spinners. The amendment also implements a more comprehensive prohibition on all
types of moving signs because of the traffic safety and aesthetic problems created by
moving signs. The amendment also clarifies that the prohibition on moving signs is
absolute, and not subject to any exceptions in the sign ordinance.
Nick Stavros, Poway, spoke in opposition to the ordinance in that it is an infringement
on political signs and free speech.
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Motion by Councilmember Emery and seconded by Councilmember Rexford to
introduce Ordinance No. 653 and continue the public hearing to April 3, 2007 for
adoption of the ordinance. Motion carried unanimously.
PUBLIC HEARINGS
5. Conditional Use Permit (CUP) 06-13, Susan Barnes, SoCal Elite Allstars
Cheerleading & Dance, Applicant: A request for approval of a CUP to enable the
establishment of a cheerleading and dance studio within Suite Bat 13880 Stowe
Drive, in the Light Industrial Zone (L1) and the South Poway Specific Plan area.
APN 323-481-14. (0210-30)
Niall Fritz, Director of Development Services, presented the staff report. The applicant
is requesting approval of a Conditional Use Permit to establish a cheerleading and
dance studio within a tenant suite in the industrial center located at 13880 Stowe
Drive, Suite B, in the South Poway Business Park. Approval of the request would
enable the relocations of the existing business, which was approved under CUP 05-03
and is currently located at 12556 Kirkham Court in the Business Park. The studio will
continue to offer instruction in the late afternoon on weekdays, and on Saturdays. The
new location will provide a larger, 9, 700-square-foot facililyforthe business, which has
outgrown its existing location. No exterior improvements are proposed. Adequate on-
site parking exists to accommodate the studio and there will be no parking impacts.
There was no one present from the public wishing to speak on this item.
Motion by Councilmember Higginson and seconded by Deputy Mayor Boyack to close
the public hearing; approve Conditional Use Permit 06-13; and adopt Resolution No.
P-07-09, entitled: "A Resolution of the City Council of the City of Poway, California,
Approving Conditional Use Permit 06-13 Assessor's Parcel Number 323-481-14,"
approving with conditions. Motion carried unanimously.
6. Variance (V AR) 07-01. Jeff Reed, Applicant. A request for a Variance approval to
allow a garage/home office building that is under construction at 13718
Sagewood Drive to observe a 25-foot front yard setback when a 40-foot setback
is required within the Rural Residential C (RR-C) zone. APN 275-342-14.
(0210-70)
Niall Fritz, Director of Development Services presented the staff report. In the summer
of 2006, a Building Permit was issued for the construction of a detached
3-car garage that also contains a home office on the residential property located at
13718 Sagewood Drive. The approved building plans noted that the proposed
garage/office would observe a 41-foot front yard setback from the property line. After
the building was under construction it was discovered that the building plans were not
reflective of actual field conditions and that the contractor had taken the front yard
setback from the wrong point. A "Stop Work Notice" was issued for the project and a
subsequent survey revealed that the detached garage/office building was constructed
encroaching 15 feet into the required 40-foot front yard setback.
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Page 6 - CITY OF POWAY - March 13,2007
The applicant is requesting a Variance approval to allow the partially constructed
building to observe a 25-foot front yard setback rather than the required 40-foot
setback because construction is far along in the process and the financial burden
would be significant to remove and reconstruct the building observing the required 40-
foot setback.
The following people spoke in favor of the project:
Laurie Ray, Poway
Michael Roberts, Poway
Marc Corless, Poway
John Mabie, Poway
Bryce and Judy Forrester, Poway
Mark Pieroni, Poway
Jeff Reed, Poway, Applicant, responded to questions by the Council.
The following people spoke in opposition of the project:
Jack Tripp, Poway
Dee Fleischman, Poway
Joe St. Lucas, Poway
Fiona Stavros, Poway
Bob Wistort, Poway
Lynnette Perkes, Poway
Marge Knothe, Poway
Tom Knothe, Poway
Motion by Deputy Mayor Boyack and seconded by Councilmember Higginson to close
the public hearing; approve Variance 07-01; and adopt Resolution No. P-07-10,
entitled: "A Resolution of the City Council of the City of Poway, California, Approving
Variance (VAR) 07-01 Assessor's Parcel Number 275-342-14," with conditions.
Motion carried 3-2 with Councilmembers Emery and Rexford voting "no."
7. Variance (VAR) 07-04; Bill Yen, Applicant; Gary Sabin, Owner: A request to
construct a series of single-face retaining walls, and a combination of retaining
wall and fence, that will range from 6 to 12 feet in height when the standard
requires two 6-foot walls separated by a 5-foot-wide landscape bench, located at
the eastern terminus of Valley View Road, east of Old Coach Road. APN 277-
080-09 and 12. (0210-70)
Niall Fritz, Director of Development Services presented the staff report. This
application is a request to allow the construction of approximately 1,300 linear feet of
single-face retaining walls, broken into 13 different locations, that will range from 6 to
12 feet in height along the 1.3-mile road that traverses through TIM 02-02, The
Heights. The Poway Municipal Code requires two 6-foot walls separated by a 5-foot-
wide landscape bench for walls over 6 feet in height.
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Due to the very steep hillsides that the road cuts through, the strict application of the
City's Code requiring two walls will result in a greater area of disturbance, more
grading, and a larger loss of habitat. Additionally, the applicant is seeking a Variance
to allow a 4-foot-high safety fence to be placed on top of an 8-foot-high retaining wall
on the road that leads to a future on-site City reservoir. The City standard requires the
fence to be setback 5 feet from the wall, but there is insufficient space to do so without
requiring a significant amount of additional clearing and grading.
There was no one present from the public wishing to speak on this item.
Motion by Councilmember Higginson and seconded by Councilmember Rexford to
close the public hearing; approve Variance 07-04; and adopt Resolution No. P-07 -11,
entitled: "A Resolution of the City Council of the City of Poway, California, Approving
Variance 07-04 Assessor's Parcel Number 277-080-09 and 12," with conditions.
Motion carried unanimously.
8. Resolution Declaring the Property to be a Public Nuisance located at 13737
Woodgate Place. APN 317-665-06. (0750-20)
Niall Fritz, Director of Development Services presented the staff report. This is a
public hearing pursuant to Chapter 8.72 of the Poway Municipal Code to determine
whether the trash, junk, and miscellaneous debris that are on the property at 13737
Wood gate Place are a nuisance, and whether to order the removal of the trash, junk,
and miscellaneous debris. Should the owner fail to do so in the time allotted, the City
would complete the work and bill the property owner for all costs, plus a $60.00
administrative fee, via the 2007/2008 tax rolls. The estimated cost to abate the current
amount of trash and debris will be $500.00.
There was no one present from the public wishing to speak on this item.
Motion by Deputy Mayor Boyack and seconded by Councilmember Higginson to adopt
Resolution No. 07-021, entitled: "A Resolution of the City Council ofthe City of Poway,
California Declaring the Property at 13737 Woodgate Place a Public Nuisance, and
Ordering the Removal of all Trash, Junk and Miscellaneous Debris Assessor's Parcel
Number 317-665-06." Motion carried unanimously.
STAFF REPORTS
9. Site Location and Authorization for Installation of Two Bronze Sculptures, The
Pioneers and the Pride of the Wilderness. (1000-10)
Robert Clark, Director of Community Services presented the staff report. On January
8,2002, the City Council approved the concept that each Councilmemberwould direct
how $220,000 be expended of a $1.1 million settlement for failure to build a water
park. On December 16, 2003, the City Council approved council member Rexford's
request to redesignate $140,000 from the Community Fine Arts Center Endowment
project fund to a new project fund for public art. These funds were part of
Councilmember Rexford's portion of Wet 'n Wild Settlement funds.
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On December 22, 2004, an agreement for $95,000 was entered into with Richard
Becker, a local Poway sculptor, to design and produce two bronze sculptures. On
November 13, 2006, the sculptures were delivered to the City. City Council approval
for placement of the sculptures is requested.
The following people spoke in favor of the placement of the sculptures and Old Poway
Park and Lake Poway:
Dee Fleischman, Poway
Barbara Lerma, Poway
Motion by Council member Rexford and seconded by Councilmember Emery to place
The Pioneers and the Pride of the Wilderness sculptures at the Old Poway Park and
Lake Poway respectively; authorize the expenditure of the remaining Public Art funds
in Project Fund and 1118E for installation and any related work improvements with any
remaining funds set aside for the purchase of future public art. Motion carried
unanimously.
10. Initiation of Specific Plan Amendment (SPA) 84-01A(4) to the South Poway
Specific Plan to Change the Land Use Designation on a 2.6-acre, developed
property located at 12365 First American Way from Light Industrial (L1) to
Industrial Park (IP); Shamrock/Poway Investors, Applicant. APN 323-480-03.
(0220-60)
Niall Fritz, Director of Development Services presented the staff report. SPA 84-
01A(4) is a request to amend the Land Use Designation on a property located in the
South Poway Business Park from Light Industrial to Industrial Park pursuant to
procedures contained in the South Poway Specific Plan. The Industrial Park
designation provides for a broader range of office uses that are desired in the
Business Park. The property is developed with a building and with more than the
minimum required amount of parking for an Industrial Park use. The property is
located in the easterly portion of the Business Park; an area dominated by similar
zoning and office uses.
There was no one present from the public wishing to speak on this item.
Motion by Councilmember Higginson and seconded by Councilmember Emery to
adopt Resolution No. 07-022, entitled: "A Resolution of the City Council of the City of
Poway, California, Initiating Specific Plan Amendment (SPA) 84-01A(4) to the South
Poway Specific Plan to Change the Land Use Designation on a 2.6-Acre, Developed
Property Located at 12365 First American Way from Light Industrial to Industrial Park.
APN: 323-480-03." Motion carried unanimously.
11. Annual Designation of Areas Inappropriate for Second Dwellinq Units in Single-Family
Residential Zones. (0210-80)
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Niall Fritz, Director of Development Services presented the staff report. Section
17.08.180 of the Poway Municipal Code, adopted February 13,1996, and effective
March 14, 1996, requires annual adoption of a Resolution for implementation of this
designation that determines which areas of the City have adequate water, sewer and
traffic circulation to allow second dwelling units, and which areas of the City currently
do not have adequate services.
There was no one present from the public wishing to speak on this item.
Motion by Councilmember Emery and seconded by Council member Rexford to rescind
Resolution No. 06-15, and adopt Resolution No. 07-023, entitled: "A Resolution ofthe
City Council of the City of Poway, California Regarding Annual Designation of Areas
Inappropriate for Second Dwelling Units in Single-Family Residential Zones and
Rescinding Resolution No. 06-015." Motion carried unanimously.
CONSENT CALENDAR
Motion by Council member Higginson and seconded by Councilmember Rexford to approve
the Consent Calendar consisting of Items 12, 13 and 15 through 23.1 as submitted. Motion
carried unanimously.
12. Ratification of Warrant Reaisters for the periods of January 29 through February
2,2007, February 5 through February 9, 2007, and February 12 through 16, 2007.
(0475-20)
13. Approval of Minutes - City Council
February 6, 2007
15. Accept and File the Citv's Investment Report as of January 31, 2007. (0450-80)
16. Adoption of Resolution No. 07-024 Accepting the City's Amended Investment
Policy and Rescinding Resolution No. 06-028. (0450-90)
17. Acceptance of the Wastewater Collection Access Manhole Rehabilitation
Proaram. (0700-10)
18. Approval of Master Communications Site Encroachment Agreement Between the
City of Poway and Omnipoint Communications, Inc., a Delaware Corporation (UT_
Mobile"), for the Installation and Operation of Wireless Telecommunication
Facilities in the Public Right-of-Way. (0700-10)
19. Award of Bid for the Improvements for Midland Road, Adrian Street, Temple
Street, Edgemoor Street, Unnamed Street (#5260), Bid No. 06-023, to the lowest
responsible bidder in an amount to be determined once bids are submitted,
opened and verified on March 6, 2007. Bid not awarded. This item was continued
to 3/20/07 meeting. (0700-10)
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20. Receive and File the Annual Report on the Implementation Status of the City of
Powav General Plan (2005-2006). (0220-30)
21. Adoption of Resolution No. P-07-12 Approving a Modification to Comprehensive
Sign Program (CSP) 80-15 (Ml for Poway Valley Center located at 13314-13376
Poway Road, within the Town Center (TC) zone and the Poway Road Specific
Plan area; APN 317-101-15. Debbie McNamara of PVC, LLC, Owner. (0280-20)
22. Receive and file the Annual Status Report on South Poway Business Park
Development Review Approvals. (0200-90)
23. Award of Bid for the Kumeyaay-Ipai Interpretive Center Site Grading and
Improvements Project (#1671), Bid No. 06-024, to Western Rim Constructors, the
lowest responsible bidder, in the amount of $558,725.35. (0700-10)
23.1 Adoption of a Resolution No. 07-025 Authorizing the Examination of Sales. Use
and Transactions Tax Records. (0490-75)
MAYOR AND CITY COUNCIL-INITIATED ITEMS
26. Deputy Mayor Boyack inquired of the vacancies on the Redevelopment and Housing
Advisory Committee. Staff advised vacancies are being advertised in the newspaper
with deadline for applications in 3 weeks.
27. Council member Rexford thanked staff for their quick action in stopping illegal dumping.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 9:43 p.m.
1;~~~
L. Diane Shea, City Clerk
City of Poway, California
8825