CC 2007 05-08
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MAY 8, 2007
The May 8, 2007, Regular Meeting of the City Council of the City of Poway was called to
order at 7:05 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, Mickey Cafagna
COUNCILMEMBERS ABSENT
None
STAFF MEMBERS PRESENT
Rod Gould
Penny Riley
Lisa Foster
Diane Shea
Niall Fritz
Jim Howell
Dennis Quillen
Dena Fuentes
Peter Moote
Mark Sanchez
Todd E. Frank
Patti Brindle
Frank Casteleneto
Kristen Crane
Paolo Romero
City Manager
Assistant City Manager
City Attorney
City Clerk
Director of Development Services
Director of Public Works
Deputy Director of Public Works
Director of Redevelopment Services
Deputy Director of Administrative Services
Director of Safety Services
Sheriff's Captain
City Planner
City Engineer
Assistant to the City Manager
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Boyack led the pledge of allegiance.
CITY COUNCILMEMBER ANNOUNCEMENTS
. Poway Bob's Restaurant Review. Councilmember Emery reviewed Yanni's Bistro
located on Scripps Poway Parkway.
. Deputy Mayor Boyack said she was impressed with how the Senior Center is handling
their finances and programming, and appreciates their hard work.
. Deputy Mayor Boyack said members from the Poway Community Leadership Institute
recently attended a session on emergency preparedness for businesses. She
supported having this training available on an annual basis to all businesses.
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PROCLAMA nONS
. Presentation of Proclamation declaring May 6 -12,2007 as Be Kind to Animals
Week. Mayor Cafagna presented the proclamation to Sally Costello, Executive
Director of Escondido Humane Society.
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:
Ed Carboneau, Poway, said he objects to the Town Center project and the proposed
Walgreens.
Lynette Perks, Poway, questioned the need for more shopping areas in Poway when there
are already 19 within a 15-minute drive of her home.
CONTINUED PUBLIC HEARINGS
1. Ordinance No. 655 - Second Reading, entitled: "An Ordinance of the City of
Poway, California, amending Title 8 and Title 16 of the Poway Municipal Code,
Sections 8.60.141, 16.02.020, 16.04.030, 16.10.080, 16.14.010, 16.41.580,
16.42.010, 16.42.040, 16.43.060, 16.44.030, 16.44.050, 16.50.010, 16.50.080,
16.50.120 and 16.50.170 Relating to Septic Systems, Subdivisions, and Grading
and Excavations." (0810-90)
On April 24, 2007, the City Council introduced and held the first reading of Ordinance
No. 655 entitled, "An Ordinance of the City of Poway, California, Amending Title 8 and
Title 16 of the Poway Municipal Code, Sections 8.60.141, 16.02.020, 16.04.030,
16.10.080, 16.14.010, 16.41.580, 16.42.010, 16.42.040, 16.43.060, 16.44.030,
16.44.050, 16.50.010, 16.50.080, 16.50.120 and 16.50.170 Relating to Septic
Systems, Subdivisions, and Grading and Excavations." All Councilmembers were
present at the first reading and there were no public speakers.
There was no one from the public wishing to speak on this item.
Motion by Councilmember Rexford, seconded by Deputy Mayor Boyack, to close the
public hearing; waive further reading of the Ordinance; and adopt Ordinance No. 655.
Motion carried unanimously by a roll call vote.
2. Ordinance No. 656 - Second Reading, entitled: "An Ordinance of the City of
Poway, California, Amending Sections 17.44.030 and 17.44.040 of the Poway
Municipal Code Concerning Nonconforming Uses (Zoning Ordinance
Amendment 07-01)." (0210-80)
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Page 3 - CITY OF POW A Y - May 8, 2007
Item 2 continued:
On April 24, 2007, the City Council introduced and held the first reading of Ordinance
No. 656 entitled: "An Ordinance of the City of Poway, California, Amending Sections
17.44.030 and 17.44.040 of the Poway Municipal Code Concerning Nonconforming
Uses (Zoning Ordinance Amendment 07-01 )." All Council members were present at
the first reading. There were two public speakers: one in support and one opposing
the ordinance.
There was no one present from the public wishing to speak on this item.
Motion by Councilmember Rexford, seconded by Councilmember Emery, to close the
public hearing; waive further reading of the ordinance; and adopt Ordinance No. 656.
Motion carried unanimously by a roll call vote.
PUBLIC HEARINGS
3. Environmental Assessment and Conditional Use Permit (CUP) 07-01; CalTrans
and City of Poway, Co-Applicants. A request to establish a parking lot for a
"Park and Ride" facility, which would also serve as a parking lot for Iron
Mountain Trail, on a 4-acre portion of an undeveloped property located on the
east side of State Route (SR 67) at the Poway Road intersection in the Rural
Residential (RR) A zone. The project also involves the creation ofturn lanes into
the site from SR 67. APN: 322-011-06. (0210-30)
Niall Fritz, Director of Development Services, presented the staff report. Staff is
requesting this item be removed from the agenda to allow completion of the air quality,
water quality, and hazardous materials reports to be completed in addition to the
National Environmental Protection Act environmental review that Caltrans is requiring.
The project will be re-noticed for a public hearing when the studies and environmental
review have been completed.
There was no one from the public wishing to speak on this item.
Motion by Councilmember Higginson, seconded by Councilmember Emery, to remove
this item from the agenda. Motion carried unanimously.
4. Minor Conditional Use Permit (MCUP) 07-01; Jeffrey S. Dolphin (for Stix Family
Billiards), Applicant. A request to relocate an existing billiards parlor from 12222
Poway Road #20 to the Carriage Center which is located at 12845 Poway Road
#204, east of Carriage Road, in the Commercial Business (CB) zone. APN: 317-
490-55 and 317-130-68. (0210-50)
Niall Fritz, Director of Development Services, presented the staff report. This is a
request to relocate the existing Stix Family Billiards from 12222 Poway Road #20 to
12845 Poway Road #204, which is in the Carriage Center and is zoned Commercial
Business (CB). The applicant is proposing to have 11 pool tables, four video games
and to serve light snacks and beer only. There is no live entertainment proposed.
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Page 4 - CITY OF POWAY - May 8,2007
Item 4 continued:
Pursuant to the Poway Municipal Code, recreational facilities similar to the subject use
are allowed on properties designated Commercial Business with the approval of a
Minor Conditional Use Permit. The Sheriff's Department and Code Compliance have
not had any incidents or concerns with the current location of Stix Family Billiards.
David Tilton, Poway, raised objections relating to noise, nuisances, and causing a
change of character to the adjacent residential area.
Motion by Deputy Mayor Boyack, seconded by Councilmember Higginson, to close the
public hearing and adopt Planning Resolution No. P-07-21 entitled: "A Resolution of
the City Council of the City of Poway, California, Approving Minor Conditional Use
Permit (MCUP) 07-01 Assessor's Parcel Number 317-130-68 and Rescinding
Resolution Nos. P-97-40 and P-94-27." Motion carried unanimously.
STAFF REPORTS
5. Adjustment to EDCO Waste and RecvclinQ Services and RecvclinQ Services'
Rate Schedule pursuant to the provisions of the Solid Waste Franchise
Agreement. (0700-10)
Jim Howell, Director of Public Works, presented the staff report. The solid waste
franchise agreement allows EDCO Waste and Recycling Services to submit an annual
application for a rate review, when necessitated by an increase in the Consumer Price
Index (CPI) or a change in landfill disposal costs. EDCO has submitted a request for
an annual rate adjustment, effective July 1,2007 for residential, commercial, and other
special services and fees, which is consistent with the provisions of the franchis'e
agreement. The change in the CPI and increase in landfill disposal fees have been
applied to EDCO's rate schedule to determine proposed rates for fiscal year 2007-08.
Joe St. Lucas, Poway, spoke on the benefits of competitive bidding on solid waste
agreements and referred to a report on the subject written by California State
University San Marcos.
Dee Fleischman, Poway, commented on the franchise agreement, and asked EDCO
to provide the middle-sized trash cans to residential customers.
Motion by Councilmember Rexford, seconded by Council member Emery, to adopt
Resolution No. 07-037, entitled: "A Resolution of the City Council of the City of Poway,
California, Approving an Adjustment to EDCO Waste and Recycling Services' Rate
Schedule Pursuant to the Provisions of the Solid Waste Franchise Agreement."
Motion carried unanimously.
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Page 5 - CITY OF POWAY - May 8,2007
6.
Adoption of City Council LonQ-Term Priorities.
(0100-10)
Kristen Crane, Assistant to the City Manager, presented the staff report. On April 24,
2007, the City Council reviewed the draft Long-Term Priorities document and provided
staff with comments.
There was no one present from the public wishing to address this item.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to adopt the
2007 City Council Long-Term Priorities as amended to remove the reference in
Section 2.3.5 to discontinuing plans for construction of Fine Arts Education Center in
Old Poway. Motion carried unanimously.
WORKSHOP ITEM
7. Development Parameters and Financial Objectives for the Town Center project.
(0240-30)
Niall Fritz, Director of Development Services, and Patti Brindle, City Planner,
presented the staff report and PowerPoint presentation. On March 6, 2007, the City
Council authorized staff to proceed with the planning of the Town Center area. The
two major objectives of the Town Center project are to revitalize the properties along
Poway Road and renovate Community Park. The purpose of the workshop was to
begin discussion of the development parameters for areas along Poway Road. A mix
of housing, office, and retail opportunities in conjunction with public spaces is
envisioned for the properties along Poway Road. The development parameters
presented included building height, parking design, provision of open space,
relationship of housing uses to retail and offices uses, and street design.
Ed Carboneau, Poway, read excerpts from a 1992 San Diego Union article relating to
the Creekside Plaza area in Poway; and said the town center project will not work.
Dee Fleischman, Poway, said she is concerned about the park not being integrated
into the project and believes the residents deserve an architectural rendering before a
developer is brought in.
Phyllis Mehlman, Poway, was concerned about how much open space will be left in
Community Park.
April Mitchell, Poway, spoke in support of the project.
Janet DiPrinzio, Poway, spoke on her participation in the Town Center process so far,
and supports the project 100 percent.
The City Council received staff's presentation, provided comments to staff, and
continued the item to the City Council meeting of June 19, 2007 for final policy
direction.
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Page 6 - CITY OF POW A Y - May 8, 2007
CONSENT CALENDAR
Motion by Councilmember Rexford, seconded by Deputy Mayor Boyack, to approve the
Consent Calendar consisting of Items 8-10 as submitted. Motion carried unanimously.
8. Ratification of Warrant Reqister for the period April 9 through April 13, 2007.
(0475-20)
9.
Approval of Citv's Investment Report as of March 31, 2007.
(0450-80)
10. Approval of Aqreement between the City of Poway, poway Redevelopment
Agency and SCS Engineers to provide Environmental Site Assessment and
Consulting Services on an as-needed basis. (0700-10)
CITY MANAGER ITEMS
11. City Manager Gould introduced and welcomed Kim Schmidt, the City's newly hired
Economic Development Manager working in Redevelopment Services.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
13. Councilmember Emery reported on his attendance with Dena Fuentes,
Redevelopment Director, at the North County Homelessness Committee meeting.
15. Councilmember Rexford reported on the LAFCO meeting relating to countywide fire
services.
Council member Rexford suggested that the City present proclamations to those. long-
time residents who have contributed to the history of Poway through their volunteer
work and service to the City.
ADJOURNMENT - Mayor Cafagna adjourned the meeting at 8:55 p.m.
d; ~~~;'~!.~Cle'k
City of Poway, California
8860