CC 2007 04-03
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
APRIL 3, 2007
The April 3, 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
Bob Emery, Merrilee Boyack, Betty Rexford, Don Higginson, and Mickey Cafagna
STAFF MEMBERS PRESENT
Rod Gould
Penny Riley
Lisa A. Foster
Diane Shea
Niall Fritz
Robert Clark
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 Community 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
. Councilmember Emery gave a review of Hooters Restaurant in Rancho Bernardo,
noting its excellent food and brisk business.
. Deputy Mayor Boyack applauded the beautiful landscaping on Poway Road and
thanked all those who worked on it.
PRESENTATIONS
. Presentation of Proclamation: Municipal Community Services Month. Mayor
Cafagna presented the proclamation to Robert Clark, Director of Community Services.
. Presentation of Proclamation: Fair Housing Month. Mayor Cafagna presented the
proclamation to Tom Tremble, Chair of the Poway Housing Commission.
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. Presentation of Certificate of Commendation for Eagle Scout Nathan Todd
Gutschow. Mayor Cafagna presented the Certificate.
. Presentation by the San Oieguito Watershed Council Regarding Current and
Future Plans. Dick Bobertz, Executive Director of RiverPark project and Vice Chair of
the Watershed Council, and Bill Simmons, Chair of Watershed Council, gave a
PowerPoint presentation. There was concurrence by the City Council for staff to
review the plan and to attend the Watershed Council's quarterly meetings.
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:
Joe St. Lucas, Poway, asked why the reporting party of a noise complaint must file a report
with the Sheriff's Department, and what other violations have the same requirement.
Connie Messina, Poway, cited reasons for the need for parks, especially in the Oak Knoll
area.
CONTINUED PUBLIC HEARING
1. Ordinance No. 653, Second 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. On March 13, 2007 the City
Council introduced and held the first reading of Ordinance No. 653 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." All Councilmembers were present
at the first reading. Public testimony was received from one person opposing the
ordinance. On March 26, 2007, the City received a letter from the American Civil
Liberties Union (ACLU), opposing the ordinance. The primary concern expressed in
this letter is the potential impact of the proposed ordinance on constitutionally
protected speech such as pickets, protests, and political activity. Clarifying language
to address the concerns that were raised by the ACLU has been added and staff
recommended the ordinance be reintroduced with these changes.
The following people spoke on this item:
Dorothy Gesick, Poway, opposed the ordinance and disagreed with the City's
contention that moving signs are a safety hazard to drivers.
Pete Babich, Poway, opposed the ordinance asking the Council to keep this issue in
perspective as there are bigger issues to address.
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Joe St. Lucas, representing the South Poway Residential Association, appreciates the
City listening to the ACLU, and supported small businesses being able to advertise.
Speaking on behalf of himself, he asked who would enforce this ordinance on the
weekends.
Alan Geraci, owner of Liberty Tax Service, opposed the ordinance and asked Council
for reconsideration.
Michael Rothbart, Poway, feels the ordinance restricts freedom of expression and
limits small businesses' ability to advertise.
Connie Messina, Poway, is concerned this ordinance will restrict a small business
owner's ability to advertise.
Motion by Deputy Mayor Boyack, seconded by Councilmember Rexford, to take no
action on the second reading of the ordinance; to take no action on the proposed
amended ordinance at this time; and to direct staff to investigate possible alternatives
including Temporary Use Permits for temporary signage, and report back to the City
Council at a future meeting. Motion carried 3-2 with Councilmembers Higginson and
Emery voting "no."
PUBLIC HEARINGS
2. Ordinance No. 654 - First Reading, entitled: "An Ordinance of the City of Poway,
California, Approving 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." Shamrock/Poway Investors, Applicant.
(0220-60)
Niall Fritz, Director of Development Services presented the staff report. Specific Plan
Amendment 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. SpecifiC Plan Amendment 84-01A(4) was initiated by City
Council Resolution on March 13,2007.
There was no one present from the public wishing to speak on this item.
Motion by Councilmember Higginson, seconded by Councilmember Rexford, to
continue the public hearing to April 24, 2007 for second reading of the ordinance.
Motion carried unanimously.
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3. Ordinance No. 655. First Reading, entitled: "An Ordinance ofthe City Council of
the City of Poway, California, Amending Title 16 of the Poway Municipal Code,
Sections 16.02.020, 16.04.030, 16.10.080, 16.14.010, 16.14.070, 16.41.580,
16.42.010, 16.42.040, 16.43.030, 16.43.060, 16.44.030, 16.44.050, 16.50.010,
16.50.080, 16.50.120, and 16.50.170 Relating to Subdivisions, and Grading &
Excavations." (0810-90)
Niall Fritz, Director of Development Services, requested this item be continued to April
24, 2007 to provide additional supporting information on the proposed amendments.
There was no one present from the public wishing to speak on this item.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to continue
the public hearing to April 24, 2007 for the first reading. Motion carried unanimously.
4. Variance (VAR) 06-11 and Minor Development Review Application (MDRA) 06-45,
Simon Ortiz, Owner/Applicant: A request for approval to construct a detached
483-square-foot, 2-car garage and an approximate 1,928-square foot-addition
onto an existing 1,260-square-foot residence located at 11960 Old Pomerado
Road within the Residential Single Family 2 zone. The project will require a
Variance approval to allow a portion ofthe addition to observe an approximate 6-
foot front yard setback from the Old Stone Road private road easement when a
30-foot setback is required in the zone. APN 317-241-14. (0210-70)
Niall Fritz, Director of Development Services presented the staff report. The applicant
is requesting approval of a Variance and Minor Development Review Application,
to allow the construction of a detached 483-square-foot, two-car garage and an
approximate 1 ,928-square-foot addition onto an existing 1 ,260-square-foot residence
located at 11960 Old Pomerado Road, within the Residential Single-Family 2 zone. A
portion of the addition will observe an approximate 6-foot front yard setback from the
Old Stone Road private road easement when a 30-foot setback is required in the zone.
The existing residence presently observes an approximate 0.5-foot front yard setback
from the Old Stone Road private road easement.
Simon Ortiz, applicant, spoke in support of his request.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to close
the public hearing and adopt Resolution No. P-07-13, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Variance 06-11 and MDRA 06-45
Assessor's Parcel Number 317-241-14." Motion carried unanimously.
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5. Modification to Minor Conditional Use Permit 05-04, Revision to Development
Review 05-09. and Variance 07-03; Poway Auto Group/Mark Abelkop, Applicant:
A request to add a 575-square-foot auto detailing area to the 23,450-square-foot
automobile dealership and service center currently under construction at 13910
Poway Road, within the AlGC zone of the Poway Road Specific Plan area. A
Variance is requested for a O-foot building setback along the rear property line
where a 25-foot setback is required, which is the same setback approved for the
auto dealership and service center. APN 323-203-23. (0210-50)
Niall Fritz, Director of Development Services presented the staff report. The applicant
is requesting approval to add a 575-square-foot auto-detailing area to the 23,450-
square-foot automobile dealership and service center currently under construction at
13910 Poway Road, within the Automotive/General Commercial zone of the Poway
Road Specific Plan area. The detail area would have walls on three sides and a roof.
A Variance is requested to allow the covered detail area to
maintain a O-foot setback along the rear property line where a 25-foot setback is
required, which is the same setback approved for the building that is under
construction.
Dee Fleischman, Poway, spoke of her concerns about development standards for car
dealers.
Motion by Council member Emery, seconded by Councilmember Rexford, to close the
public hearing and adopt Planning Resolution No. P-07-14, entitled, "A Resolution of
the City Council of the City of Poway, California, Approving Modification to Minor
Conditional Use Permit 05-04 (MCUP 05-045M), Revision to Developrnent Review 05-
09 (DR 05-09R) and Variance (VAR) 07-03 APN: 323-203-23." Motion carried
unanimously.
6. Modification to Conditional Use Permit (CUP) 03-01M and Revision to
Development Review (DR) 03-03R, N K & P E Family Trust, John and Diana
Augustine Trust, and Poway Redevelopment Agency, Owners: A request to
modify a previously approved proposal to construct a 6,751-square-foot
veterinary clinic on a 0.75-acre, vacant property at the southeast corner of
Aubrey Street and Midland Road located in the Commercial General (CG) zone,
within the Old Poway Specific Plan Area. The new proposal consists of a 6,872-
square-foot clinic building and the footprint of a future 500-square-foot addition.
APNs 314-193-40, 41, and 42 (0210-30)
Niall Fritz, Director of Development Services presented the staff report. The applicant
is requesting to modify a previously approved proposal to construct a 6,751-square-
foot veterinary clinic on a 0.75-acre, vacant property at the southeast corner of Aubrey
Street and Midland Road, in the Commercial General zone and the Old Poway
Specific Plan area. The new proposal consists of a 6,872-square-foot clinic building
and the footprint for a future 500-square-foot addition. The proposed 37-space
parking lot would accommodate the revised proposal with the future expansion. The
architectural style of the currently proposed clinic is Pioneer Farmhouse, consistent
with the Old Poway Specific Plan design standards. Staff recommends approval.
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Dee Fleischman, Poway, complimented staff for inclusion of tree care standards and
expressed concerns about the setbacks and portions of the landscaping.
Norm Switzer, Poway, thanked the City Council and staff for their work with this
project.
Motion by Councilmember Emery, seconded by Council member Rexford, to close the
public hearing and adopt Planning Resolution No. P-07-15, entitled, "A Resolution of
the City Council of the City of Poway, California, Approving Conditional Use Permit 03-
01 M(2) and Development Review 03-03R(2), and Rescinding Resolutions P-04-02 and
P-05-78, Assessor's Parcel Numbers 314-193-40, 41 and 42." Motion carried
unanimously.
STAFF REPORTS
7. Award of Bid for the Improvements for Midland Road, Adrian Street, Temple
Street, Edgemoor Street, Unnamed Street (#5260), Bid No. 06-023. (0700-10)
Niall Fritz, Director of Development Services, and Frank Castelleneto, City Engineer,
presented the staff report. The construction work for this project includes street
improvements, street lights, sidewalks, benches, landscaping, storm drains, water
lines, sewer lines, relocation of the water tower, reconstruction of the trash enclosure,
a temporary parking lot, Old Poway Village patio improvements, undergrounding of
existing overhead utilities, and water, sewer, drainage and street improvements to
support the development of the Brighton Affordable Housing site. On March 9, 2007
bids were opened; on March 15, 2007 a letter of protest was filed by 3-D Enterprises.
The protest claims that Daley Corporation based their bid on using a substitute for the
specified light fixture. On March 27, 2007, a letter was received from Daley
Corporation stating that their bid was based on the Plans and Specification and not on
a substitution.
There was no one present from the public wishing to speak on this item.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to
appropriate $400,000 from fund 2000 Tax Allocation Bonds Fund #440; $277,000 from
the General Fund; and award the Improvements for Midland Road, Adrian Street,
Temple Street, Edgemoor Street, and an Unnamed Street to Daley Corporation, the
lowest responsible bidder, in the amount of $5,558,413.30; and to direct staff to bring
this item back to the City Council after the bid for the parking lot is received for
possible scaling down of the lot. Motion carried unanimously.
CONSENT CALENDAR
Motion by Councilmember Rexford, seconded by Deputy Mayor Boyack, to approve the
Consent Calendar consisting of Items 8, 9 and 11 through 14. Motion carried unanimously.
8. Ratification of Warrant Reaisters for the periods February 19 through February
23, 2007, February 26 through March 2, 2007, and March 5 through March 9,
2007. (0475-20)
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9. Approval of Minutes - City Council
February 13, 2007 Canceled Regular Meeting
February 20, 2007 Regular Meeting
March 6, 2007 Regular Meeting
11. Acceptance of the City's Investment Report as of February 28,2007. (0450-80)
12. Acceptance 2002-03 Concrete Grindinq Proqram; authorize the City Clerk to file
and record the Notice of Completion; and release the Public Work Bond for
Material and Labor #3SM 049 959 00 for $22,605.75. (0700-10)
13. Adoption of a Resolution No. 07-026, entitled: "A Resolution ofthe City Council
of the City of Poway, California, Ordering the Expansion of Powav Landscape
Maintenance District 86-1 with the Annexation of APN 277-080-09-00 with Written
Consent of the Property Owner BBA Partners, LLC as Described Within Exhibit
"A" Attached Hereto." (0760-20)
14. Adoption of a Resolution No. 07-027, entitled: "A Resolution ofthe City Council
of the City of Poway, California, Commending Eaqle Scout Nathan Todd
Gutschow." (0710-40)
MAYOR AND CITY COUNCIL-INITIATED ITEMS
19. Councilmember Emery thanked staff for their work on the Kumeyaay-Ipai
Groundbreaking Ceremony on Thursday, March 29.
21. Mayor Cafagna commended Councilmember Emery for his dedication and hard work
on the Kumeyaay site, and acknowledged Councilmember Rexford for her original idea
of the site.
ADJOURNMENT - Mayor Cafagna adjourned the meeting at 9:07 p.m.
:;:z:~ C;tyCle~
City of Poway, California
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