CC 2001 10-02CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
OCTOBER 2, 2001
The October 2, 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
Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
COUNCILMEMBERS ABSENT AT ROLL CALL
Bob Emery
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Lori Anne Peoples
Tamara Smith
Warren Shafer
Niall Fritz
Jim Howell
Mark Sanchez
Javid Siminou
Patti Brindle
John Tenwolde
Jason Martin
Jennifer Johnson
PLEDGE OF ALLEGIANCE
City Manager
Deputy City Manager
City Clerk
Assistant City Attorney
Director of Administrative Services
Director of Development Services
Director of Public Works
Director of Safety Services
City Engineer
City Planner
Sheriffs Captain
Senior Planner
Senior Management Analyst
Deputy Mayor Goldby led the Pledge of Allegiance.
PRESENTATIONS
Mayor Cafagna presented a Certificate of Commendation for Stater Bros. Markets in
recognition of their 65 -Year Anniversary to District Manager, Bruce Lewis and Poway Store
Manager, James Cannon.
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Council heard a presentation by Poway Unified School District Superintendent Don Phillips
and Boardmembers Jeff Mangum and Penny Ranftle, regarding the process of establishing
new attendance boundaries.
PROCLAMATION
Mayor Cafagna presented a Proclamation declaring Fire Prevention Week as October 7-
13, 2001 to Director of Safety Services Sanchez.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
person was present wishing to speak:
Jeff Lake, 16209 Oak Creek Trail, introduced himself and expressed his interest in serving
on the Redevelopment and Housing Advisory Committee.
CONSENT CALENDAR
Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to approve the
Consent Calendar as follows:
6. Ratification of Warrant Register for the Period of September 3 -7, 2001. (401 -10)
7. Adoption of Resolution No. 01 -086 - Adopting Through Incorporation by Reference
the Fair Political Practice Commission's Standard Conflict of Interest Code 2
California Code of Regulations Section 18730 and Amending the List of Designated
Positions and Rescinding Resolution No. 00 -100; Resolution No. R -01 -08 -
Adopting the Fair Political Practice Commission's Standard Conflict of Interest Code
2 California Code of Regulations Section 18730 and Amending the List of
Designated Positions and Rescinding Resolution No. R- 00 -19; and Adopting
Resolution No. 01 -087 -Approving the Agency's Adoption of their Amended List of
Designated Positions. (704 -08)
B. Adoption of Resolution No. 01 -088 - Accepting the Grant in Fee Title of Lots 48, 49
and 50 of Tentative Tract Map 85 -04, Unit 1, Map No. 11742, and Lots 105 and 106
of Tentative Tract Map 85 -04, Unit 2, Map No. 12572. (203 -01)
9. Adoption of Resolution No. P -01 -53 -Approving Temporary Use Permit 01 -70, Fall
Fest'01 Street Fair, Poway Chamber of Commerce, Applicant: A request to hold a
street fair on Midland Road between Poway Road and Hilleary Place on Sunday,
November 11, 2001, from 10:00 a.m. to 4:00 p.m. (203 -07)
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10. Adoption of Resolution No. P -01 -54 - Approving Hillside /Ridgeline Minor
Development Review 00 -118, Bob Colbourn, Applicant: A request to construct a
4,916- square -foot single - family home, and a detached combined 906 - square -foot
garage /348- square -foot guest quarters at 13920 Gate Drive. (203 -10)
10.1 Approval of Side Letter Authorizing EDCO Waste and Recycling Services to Collect
a Temporary $20 Surcharge for the Proper Handling of Cathode Ray Tubes.
(602 -01 #1031)
Motion carried 4 -0 with Councilmember Emery absent.
ITEM 1 (701 -04)
ORDINANCE NO. 545 /SECOND READING
BUILDING DIVISION FEE SCHEDULE
REDUCE BY 25% SOLAR SYSTEM PERMIT FEE
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 545, "An
Ordinance of the City Council of the City of Poway, California Amending the Development
Services Department Building Division Fee Schedule to Reduce by Twenty-Five Percent
the Permit Fee for Solar Systems and Rescinding Resolution No. 93- 049." Staff report by
City Manager Bowersox. Council initiated this amendment at its July 31, 2001 meeting in
an effort to encourage the use of solar energy systems.
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Deputy Mayor Goldby, to close the
public hearing, waive further reading (unanimous vote) and adopt Ordinance No. 545.
Motion carried 4 -0 on a roll call vote with Councilmember Emery absent.
Mayor Cafagna requested Item 5 be heard at this time.
ITEM 5 (203 -24)
STATUS REPORT
MINOR CONDITIONAL USE PERMIT 99 -03
APPLICANT: POWAY HONDA
Introduction by City Manager Bowersox. Staff report by Director of Development Services
Fritz. Council conditionally approved Development Review (DR) 99 -06 on May 18, 1999
and Minor Conditional Use Permit (MCUP) 99 -03 which allowed the establishment of
Poway Honda at 13741 -61 Poway Road. Since the establishment of the business, a
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number of complaints have been received from residents in the adjacent residential
neighborhood regarding the project's non - compliance with the Conditions of Approval and
other violations of the Poway Municipal Code. Many issues have been resolved, others
continue to occur. Condition of Approval No. 2 allows for the periodic evaluation, and
amendment, of the MCUP at a public hearing before the City Council. Formal evaluation
and amendment of the MCUP is a means to addressing the outstanding issues.
The following people were present wishing to speak in support of the setting of a public
hearing:
Ray Yankowski, 13032 Gate Drive
Glen Peterson, 13719 Fairgate Drive
Amy LaBruyere, 13047 Gate Drive
Frances Schmelter, 13101 Gate Drive
Andy Adams, 13025 Earl Gate Court
Mike Matsumoto, 13114 Gate Drive
Lori Rivera, 12017 Gate Drive
Motion by Councilmember Rexford, seconded by Deputy Mayor Goldby, to direct staff to
set a public hearing for the consideration of modifications to MCUP 99 -03. Staff was also
requested to do all they can do now to assist the neighborhood and look into requiring the
dealership to obtain written acknowledgements from their employees of the City's
regulations.
ITEM 2 (701 -04)
ORDINANCE NO. 546 /FIRST READING
ENABLE THE ESTABLISHMENT
EXCLUSIVE RESIDENTIAL PARKING DISTRICTS
RESIDENTIAL PARKING PERMIT PROGRAMS
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 546, "An
Ordinance of the City of Poway, California, Amending Chapter 10.28 of the Poway
Municipal Code, Adding Section 10.28.165, to Enable the Establishment of Exclusive
Residential Parking Districts and Residential Parking Permit Programs." Staff report by
City Manager Bowersox. On March 1, 2001, Council directed staff to develop a trial
residential parking permit program for the neighborhood in the vicinity of the Gate
Drive / Fairgate Drive intersection. The program is a potential solution to parking problems
experienced in the neighborhood caused by adjacent commercial employee and customer
parking. The proposed Ordinance amends the Poway Municipal Code to enable the
establishment of exclusive residential parking districts and residential parking programs.
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The following people were present wishing to speak:
Rita Carlson, 13032 Gate Drive, spoke in opposition.
Glen Peterson, 13719 Fairgate Drive, spoke in opposition.
Ray Yankowski, 13032 Gate Drive, spoke in opposition.
Amy LaBruyere, 13047 Gate Drive, spoke in opposition.
Frances Schmelter, 13101 Gate Drive, spoke in opposition.
Mike Matsumoto, 13114 Gate Drive, spoke in support.
Joe St. Lucas. 13033 Earlgate Court, spoke in support.
Cynthia Matsumoto, 13114 Gate Drive, spoke in support.
Chris Cruse, 13734 Utopia Road, spoke in support.
Andy Adams, 13025 Earlgate Court, spoke in opposition.
Motion by Deputy Mayor Goldby, seconded by Mayor Cafagna, to close the public hearing
and remove it from the Agenda to allow staff the opportunity to work on the language to
provide the safety the residents need so as not to be imposed upon. Language to include
the degree of residents' concurrence needed to implement in a particular neighborhood.
Motion carried 4 -0 with Councilmember Emery absent.
The Poway Unified School District made their presentation at this point.
ITEM 3 (203 -21)
SPECIFIC PLAN AMENDMENT 84 -01CCC
SOUTH POWAY SPECIFIC PLAN
HOTEL HEIGHT LIMIT
This is a request to initiate a Specific Plan Amendment to modify the South Poway Specific
Plan to allow 3 stories within the 35 -foot height limit for hotels.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Deputy Mayor Goldby, to adopt
Planning Resolution No. 01 -089 entitled, "A Resolution of the City Council of the City of
Poway, California Initiating a Specific Plan Amendment (SPA 84- 01CCC) to the South
Poway Specific Plan to Allow 3- Stories Within the 35 -Foot Height Limit for Hotels in the
South Poway Specific Plan." Motion carried 4 -0 with Councilmember Emery absent.
ITEM 4
(602 -01 #296R)
ADDITIONAL FUNDING
LOS ARCOS (GATEWAY) AFFORDABLE SENIOR HOUSING
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On September 4, 2001, the City Council /Redevelopment Agency directed staff to work with
the developer of the Los Arcos senior apartments, the Los Arcos Senior Partnership, to
proceed with development plans for the site. It was confirmed on September 17, 2001,
that the Los Arcos project did not receive an allocation of 9% Tax Credits. As directed by
the Council /Agency Board and with the concurrence of David Paul Rosen & Associates
(DRA), staff authorized the Partnership to prepare an application for 4% Tax Credits. The
Los Arcos project should be very competitive for this funding source. The earliest
application opportunity for 4% Tax Credits required applications to be completed by
October 4, 2001. Staff scheduled this item upon learning of this application date to
preserve the opportunity to seek additional Agency "gap" financing that may be required for
this application. However, staff and the Partnership agreed that it was not possible to
prepare a competitive application in the limited time available. Work is being done to
submit an application in the next round, which has an anticipated deadline of mid - February,
2002. For this reason, staff is recommending it be removed from the agenda.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Deputy Mayor Goldby, to remove the
item from the Agenda. Motion carried 4 -0 with Councilmember Emery absent.
Item 5 was heard earlier, after Item 1.
CITY ATTORNEY ITEMS
12. Assistant City Attorney Smith, requested a Closed Session: Conference with Legal
Counsel — Pending Litigation under Government Code §54956.9(a), City of Poway
v Eugene Chandler et al San Diego Superior Court Case No. GIC 750629. A report
out is expected.
MAYOR AND CITY COUNCIL - INITIATED ITEMS
17A. Mayor Cafagna requested consideration of the adoption of a Resolution Supporting
President Bush and Expressing Sympathy for the Victims of Terrorism and the
appropriation of a General Fund contribution in the amount of $50,000 to the Always
Remember 9 -11 Disaster Relief Fund. (1180 -05)
Motion by Councilmember Higginson, seconded by Councilmember Rexford, to
appropriate $50,000 to the Always Remember9 -11 Fund, and adopt Resolution No.
01 -089, entitled "A Resolution of the City Council of the City of Poway, California
Supporting President Bush and Expressing Sympathy for the Victims of Terrorism
as He Leads America Through This Time of Crisis and Sorrow." Motion carried 4 -0
with Councilmember Emery absent.
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CLOSED SESSION
Mayor Cafagna called for Closed Session at 9:45 p.m. as requested by Assistant City
Attorney Smith.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 10:00 p.m. and announced that Council
authorized the use of the powers provided under the Polanco Redevelopment Act and
directed staff to take actions necessary and consistent with this law and other applicable
State and Federal Laws. He then adjourned the meeting at 10:05 p.m. upon motion by
Deputy Mayor Goldby, seconded by Director Higginson to October4, 2001, 6:00 p.m., City
Council Chambers.
Lori nne Peoples City Clerk
City of Poway
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