CC 2001 01-09NOTICE
NOTICE IS HEREBY GIVEN THAT THE JANUARY 9, 2001, REGULAR
MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS
ADJOURNED PURSUANT TO THE FOLLOWING ORDER:
ORDER OF ADJOURNMENT
Upon motion by Councilmember Emery, seconded by Councilmember
Higginson, Mayor Cafagna ordered the meeting adjourned to
6:00 p.m. Thursday, January 11, 2001
in the City Council Chambers, 13325 Civic Center Drive,
Poway, California. The time of adjournment was 10:43 p.m.
Dated: January 10, 2001
L~-'~i ~knne P~oples, City Clerk
City of Poway, California
CERTIFICATION
The undersigned does hereby certify under penalty of perjury, that a copy of the above
notice was posted on or near the door of the City Council Chambers, the place designated
for regular meetings of the City Council at approximately 10:00 a.m.
Dated: January 10, 2001
~'~riJAnne Peoples, Cit~ Cl~rk
City of Poway, California
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JANUARY 9, 2001
The January 9, 2001, regular meeting of the City Council of the City of Poway, was
called to order at 7:00 p.m., by Mayor Cafagna at the City Council Chambers, 13325 Civic
Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Lori Anne Peoples
Steve Eckis
Warren Shafer
Robert Clark
Niall Fritz
Jim Howell
Deborah Johnson
Mark Sanchez
Leonard Zuniga
Javid Siminou
Patti Brindle
Mike Robinson
Jennifer Johnson
City Manager
City Clerk
City Attorney
Director of Administrative Services
Director of Community Services
Director of Development Services
Director of Public Works
Director of Redevelopment Services
Director of Safety Services
Sheriffs Lieutenant
City Engineer
City Planner
Traffic Engineer
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Goldby led the Pledge of Allegiance.
PRESENTATION
Council heard a report by Teen Issues Committee Members Katherine Schatzberg, Kasey
Flanagan and Christopher Mason on their attendance at the League of California Cities
Conference - September 2000.
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PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
person was present wishing to speak:
Howard Stacklin, 13149 Tobiasson Road, expressed his views on the electrical shortage.
CONSENT CALENDAR
Deputy Mayor Goldby requested Item 13 be pulled for discussion. City Attorney Eckis
noted that an additional item needed to be placed onto the Consent Calendar as the need
to take action arose after the posting of the Agenda. Motion by Councilmember Emery,
seconded by Deputy Mayor Goldby, to add Item 14.2 to the Consent Calendar pertaining
to the adoption of a Resolution authorizing the granting of an easement to SDG&E
enabling them to install a power pole in the Heritage project. Motion carried unanimously.
Motion by Councilmember Emery, seconded by Deputy Mayor Goldby, to approve the
Consent Calendar as follows:
Ratification of Warrant Register for the Periods December 4-8, 2000 and December
11-15, 2000. (401-10)
Approval of Minutes - City Council
November 28, 2000 - Regular Meeting
December 5, 2000 - Regular Meeting
December 12, 2000 - Regular Meeting
10. Acceptance of City s Investment Report as of November 30, 2000. (408-01)
11.
12.
Adoption of Resolution No. F-01-01- Waiving Annual Meeting of Public Financing
Authority. (405-00R)
Concurrence on Application of Section 16.16.110 of the Poway Municipal Code
Pertaining to the Vacation of Open Space Easements to Allow Approval of MDRA
00-119 - Construction of a Tennis Court at 17035 Edina Court. (203-10)
14.
Approval of a Report of Administrative Action Taken on City Council-Initiated and
Public Inquiry Items for the Period of August 29, 2000 through November 30, 2000.
(701-10)
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14.1
Annual Redevelopment Agency Report, including an Independent Financial Audit
Report and Opinion Regarding the Agency's Compliance with Laws, Regulations
and Administrative Requirements Governing Activities of the Agency; the Report of
Financial Transactions of Community Redevelopment Agencies (State Contreller's
Report); and the State Department of Housing and Community Development
Schedules A, B, C, D, and E for Fiscal Year 1999-2000. (406-02)
14.2
Adoption of Resolution No. 01-001 - Granting an Easement to San Diego Gas and
Electric Company within Lot Q of Tract Map 89-13R, The Heritage, Phase 1, Unit 2.
(203-01/705-09/705-10)
Motion carried unanimously.
ITEM I (701-04)
ORDINANCE NO. 534/FIRST READING
ESTABLISHING A REDUCED SPEED LIMIT
OLD POMERADO ROAD
BETTE BENDIXEN PARK
Mayor Cafagna opened the public hearing. Intreduction by City Manager Bowersox.
Resident concerns initiated an engineering and traffic study to review safety on Old
Pomerado Road areund the new Bette Bendixen Park. Concerns centered on speeding
on Old Pomerado, access to the park for children who live acress the street, and location
of parking restrictions in the area. California Vehicle Code 22357.1 allows for a local
authority to set a prima facie speed of 25 miles per hour on any street, other than a state
highway, adjacent to any children's playground in a public park. The Code also specifies
that the speed limit is to be in effect only during particular hours or days, when children
are expected to use the facilities. The hours during which this speed limit would be most
apprepriate would be between 6:00 a.m. and 9:00 p.m. The Traffic Safety Committee
concurred with staff findings and recommends appreval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to waive further
reading and continue the public hearing to January 23, 2001 for second reading and
adoption. Motion carried unanimously.
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ITEM 2 (203-24)
MINOR CONDITIONAL USE PERMIT 95-02M
13264 POWAY ROAD
APPLICANT: BONNIE MANLEY
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to allow the expansion of an existing beauty school into an adjacent suite in
the Lively Shopping Center at 13264 Poway Road.
The following people were present wishing to speak:
DeAnne Erickson, 13248 Poway Road, expressed concerns with parking.
Bonnie Manley, applicant, responded to the concerns and questions of the Council.
Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to close the public
hearing and adopt Planning Resolution No. P-01-01, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Minor Conditional Use Permit 95-02M
Assessor's Parcel Number 317-101-42," as amended to include a condition for the
applicant to encourage the students and employees to park in the rear of the complex in
order to facilitate customer parking in the front parking lot. Motion carried unanimously.
ITEM 3 (203-15)
REQUEST FOR REHEARING
COMPREHENSIVE SIGN PROGRAM (CSP) 00-03
APPLIC. ANT: NAPOI I ~[J~INF~ PARK
Staff report by City Manager Bowersox. This item was originally scheduled for November
14, 2000 then continued to November 28, December 5 and to tonight at the applicant's
request to allow additional time to discuss the address signage compliance issue with staff.
Staff has reviewed the applicant's justification and does not believe that there is any
justification to determine the address signs as legal due to their height. The proposed
resolution requires the applicant to bring the signs into conformance by September 26,
2002. In addition, the address signs will be taken into account when determining allowable
signage during the review of individual sign permit requests at the subject site. The
proposed resolution would rescind Resolution No. P-00-79.
The following person was present wishing to speak:
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Cynthia Eldred, 401 "B" Street, Suite 1200, San Diego, Attorney representing Napoli
Business Park, spoke in support of staff recommendation.
Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to adopt Planning
Resolution No. P-01-02, entitled, "A Resolution of the City Council of the City of Poway,
California Approving Comprehensive Sign Program 00-03 and Rescinding Resolution No.
P-00-79 Assessor's Parcel Number 317-223-19. Motion carried unanimously.
ITEM 4 (203-24)
ANNUAL REVIEW
MINOR CONDITIONAL USE PERMIT 99-08
APPLICANT: DlXlELINE LUMBER COMPANY
Staff report by City Manager Bowersox. This Minor Conditional Use Permit to temporarily
place a mini storage unit in the side loading areas of the building located at 13345 Poway
Road was approved on January 11,2000. The conditions specified that the Council review
the permit at the first meeting in January 2001 to review the applicant's intentions to bring
the property into compliance. Staff recommends that Council find that no substantive
change has occurred for a permanent structure/solution to handle the surplus storage
needs and set a mid-year review of the MCUP in June 2001.
The following person was present wishing to speak:
Jack Duncan, 3250 Sports Arena Boulevard, San Diego, representing Dixieline, spoke in
support of the staff recommendation.
Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to approve staff
recommendation. Motion carried unanimously.
ITEM 5 (701-04)
RODEO ORDINANCE SURVEY RESULTS
Staff report by City Manager Bowersox. During Public Oral Communications on
September 12, 2000, the Council was asked to review and consider adopting an ordinance
to ban certain devises from Poway rodeos and to require an on-site veterinarian. Since
then staff has distributed a questionnaire to all 58 counties and 41 cities with Professional
Rodeo Cowboys Association (PRCA) sanctioned rodeos in order to survey the frequency of
rodeo ordinances adopted in California and the specifications of the adopted ordinances.
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The following people were present wishing to speak:
Christopher Hansmeyer, 501 W. Broadway, San Diego, representing the San Diego Animal
Advocates (SDAA), spoke in support of the ordinance format they had submitted.
Dani Dennenberg, 8720 Villa La Jolla Dr. #119, La Jolla, spoke in support of the SDAA
proposed ordinance.
Pamela Conley, 14133 Tarzana Road, spoke in support of the SDAA proposed ordinance.
Barbara Caliri, 7283 Countryhaven, Encinitas, spoke in support of the SDAA proposed
ordinance.
Pam Moore, 18555 Wild Horse Creek, spoke in opposition to rodeos.
Tom Moore, 18555 Wild Horse Creek, spoke in support of the SDAA proposed ordinance.
Linda Kelson, 10957 Elderwood Lane, San Diego, spoke in support of the SDAA proposed
ordinance.
Anita Gentry, 15415 Eastvale Road, requested the rodeo be left "as is."
Russ Sheldon, 14325 Midland Road, requested the rodeo be left "as is."
Greg Johnson, 14626 Sunrise Canyon Road, requested the rodeo be left "as is."
Tamara Bond, 10214 Black Mountain Road, #50, San Diego, spoke in support of the SDAA
proposed ordinance.
Jim Piva, 12823 Pomerado Road, requested the rodeo be left "as is."
Jim Hicks, 13869 Putney Road, requested the rodeo be left "as is."
Motion by Councilmember Emery, seconded by Councilmember Rexford, to direct the City
Attorney to bring back Council comments in Ordinance form for adoption, to include that a
Veterinarian be required to be on site at all times during the Rodeo, banning the use of
flank straps, allowing the use of an electric prod only to move the animals. Motion failed 2-
3 with Deputy Mayor Goldby, Councilmember Higginson and Mayor Cafagna voting "no."
Motion by Mayor Cafagna, seconded by Deputy Mayor Goldby, to direct the City Attorney
to bring back an Ordinance for adoption, to include that a large animal Veterinarian be
required to be on site at all times during the Rodeo, authorizing the use of fleece-lined flank
straps only, allowing the use of an electric prod only for loading/moving of the animals and
to provide notice to San Diego County Animal Control Officers of the Rodeo and allowing
them access. Motion carried 3-2 with Councilmember Emery and Councilmember Rexford
voting "no."
Mayor Cafagna called for a brief recess at 8:25 p.m.
Council reconvened at 8:30 p.m. with all members present.
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ITEM 6 (1163-01)
PARKING CONTROL
LIMITED TIME PARKING RESTRICTIONS
RIPARIAN/OAKSTAN D/DOVEWOOD/YELLOWTHROAT
DODDER/BROMEGRASS/DEERGRASS/RIVERBEND
SUMMERSAGE/DOGWOOD
Staff report by City Manager Bowersox. Since 1988 residents of the subdivisions behind
Poway High School have experienced problems with students parking and creating
disturbances on their streets. These problems exist because of inadequate onsite parking
facilities at Poway High School. To help improve conditions initially, Council approved
time limited parking restrictions (8 am to 10 am) in 1990 along several streets in the area
including Riparian Road, Summersage Road and Oakstand Road. When Rancho Berardo
High School opened, it reduced the student population and alleviated the parking problem.
As a result the restrictions were eliminated in 1991 at resident request. Once again, the
student population has risen to previous levels and has become problematic. In March
1999, a resident of Dodder Court requested the restrictions be extended to include his
street. A petition confirmed the majority of residents prefer parking restrictions to student
parking. Staff is recommending the Council consider adoption of a resolution establishing
time limited parking restrictions on Riparian Road, Oakstand Road, Dovewood Court,
Yellowthroat Court, Dodder Court, Oakstand Court, Deergrass Court, Bromegrass Court
and Lake Poway Road from Prairie Vista Road to 1000 feet west of Bromegrass Court.
The following people were present wishing to speak:
Mike Beach, 15816 Summersage Road, requested the rest of the street be included.
Kathleen Hill, 12900 Camino del Valle, spoke in opposition.
Charles Schwan, 13889 Lake Poway Road, spoke in support.
Karen Sanchez, 15655 Oakstand Road, spoke in support.
Betty Edney, 13892 Dodder Court, spoke in support.
Jorge Sanchez, 15655 Oakstand Road, spoke in support.
Kathy Lloyd, 13932 Dodder Court, spoke in support.
Mary Thead, 15835 Bromegrass Court, spoke in support.
Terry Rudolph, 13814 Lake Poway Road, spoke in support.
Jennifer Harris, 13824 Lake Poway Road, spoke in support.
Markie Spittler, 15795 Dovewood Court, spoke in support.
Mike Kroopf, 15775 Riparian, spoke in support.
Kevin Calmenson, 12619 Stoutwood Street, spoke in opposition.
Charles Fausbender, 15864 Bromegrass Court, spoke in support.
Sue Halfaker, 15864 Oakstand, spoke in support.
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Page 8 - CITY OF POWAY - January 9, 2001
Harry Simon, 13937 Dodder Court, spoke in support.
James Everett, 15614 Oakstand spoke in support.
David Armstrong, 13862 Deergrass Court, spoke in support.
Shirley Rible, 13892 Oakstand Road, spoke in support.
Ken Knapp, 15854 Riparian Road, spoke in support.
Tim Horton, 16458 Bridlewood Road, spoke in opposition.
Lori Simon, 15517 Oakstand Court, stated her cul-de-sac was opposed for their street only
and would submit a petition signed by the neighbors.
Kara Mangum, 18111 Old Coach Road, spoke in opposition.
Liz Haman, 13654 Sagewood Drive, spoke in opposition.
Chris Mangum, 18111 Old Coach Road, spoke in opposition.
Mary Romag, 14196 Donart Drive, Poway High School PTSA, spoke in opposition.
Terry Keyes, 15636 Oakstand, spoke in support.
Bill Thead, 15835 Bromegrass Court, spoke in support.
Scott Fisher, 13562 Willow Run Road, Poway High School Principal, spoke neutral.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to adopt
Resolution No. 01-002, entitled, "A Resolution of the City Council of the City of Poway,
California Rescinding resolution No. 98-090; and Establishing Time Limited Parking
Restrictions on Riparian Road, Oakstand Road, Dovewood Court, Yellowthroat Road,
Dodder Court, Bromegrass Court, Deergrass Court and a Segment of Lake Poway Road
from prairie Vista Road to 1000 Feet West of Bromegrass Court," as amended to include
the remainder of Summersage down to Lake Poway Road and Riverbend Court and Road
and Dogwood Court and Road in the streets designated for time limited parking and to
remove Oakstand Court if provided with a petition from the neighbors so requesting. Staff
directed to initiate increased law enforcement in the neighborhoods surrounding the high
school, look into "smarter parking" such as painting curbs by driveways and intersections
red, establishing parking on one side of the street only etc., initiate dialogue with PUSD
regarding the parking lottery system, restriping of the parking lot, paving of Lot F and
having students park at Lake Poway and be shuttled to the high school. Motion carried
unanimously.
ITEM 13 (602-01 #408)
ASSIGNMENT OF LEASE
LAKE POWAY CONCESSION
DICKIE HOUGAN AND POTENCIANA CYNTHIA HOUGAN
Deputy Mayor Goldby stated he had pulled this item merely to comment on what a
good job the Hougans were doing.
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Page 9 - CITY OF POWAY - January 9, 2001
Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to approve
the assignment of the lease. Motion carried unanimously.
MAYOR AND CITY COUNCIL - INITIATED ITEMS
20.
Councilmember Rexford requested and received Council concurrence to request
staff provide an update on brush management for fire protection and the Habitat
Conservation Plan.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 10:43 p.m., on motion by Councilmember Emery,
seconded by Councilmember Higginson.
Lori ~nne Peoples, City Cl~rl~ -
City of Poway
7135