CC 2001 12-11CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
DECEMBER '11,2001
The December 11,2001, 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
Sherrie Worrell
Steve Eckis
Peter Moote
Robert Clark
Niall Fritz
Jim Howell
Deborah Johnson
Mark Sanchez
John Tenwolde
Javid Siminou
Patti Brindle
Jason Martin
Dennis Quillen
Jennifer Johnson
City Manager
Deputy City Manager
Deputy City Clerk
City Attorney
Deputy Director of Administrative Services
Director of Community Services
Director of Development Services
Director of Public Works
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
City Engineer
City Planner
Senior Planner
Assistant Director of Public Works
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Councilmember Higginson led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
person were present wishing to speak:
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Ed Carboneau, 14073 Pomegranate, spoke regarding the parking hazards at Poinsettia
Mobile Home Park.
Frank Ohrmund, 2066 Diamond St., San Diego, spoke regarding the property he owns on
Metate Lane and inquired as to why it can't be fenced.
Joe St. Lucas, 13033 Earlgate Ct., spoke regarding the Creekside Amphitheater and the
noise level around his home.
Michael Rothbart, 14441 Range Park Rd., spoke regarding the preservation of
Rattlesnake Canyon. Requested the Council held in the formation of a permanent
preserve in this canyon.
Michael Baker, 14602 Roberto Rio Rd., spoke in support of establishing a preserve for
Rattlesnake Canyon.
CONSENT CALENDAR
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to approve the
Consent Calendar as follows:
9. Approval of City's Investment Report as of October 31,2001. (408-01)
10. Appropriation of Funds in the amount of $28,250 for the Potable Water Master Plan.
(401-13)
11. Award of Bid for the Garden Road Park Playground to Tri-Group Construction &
Development, Inc., in the amount of $184,977. (602-01 #1508)
12. Approval of a Consultant Agreement with GFH Landscape Architecture and the
^ppropriation of Funds in the amount of $89,590 to Prepare Post-Construction
Monitoring Reports for Five Years for Beeler and Rattlesnake Creeks.
(401-13/602-01 #1510)
13. Pending Legislation: 2001 Summary of Legislative Activities. (701-11)
14. Adoption of the Disadvantaged Business Enterprises (DBE) Program and Annual
Goal of 10% for the period of October 1,2001 through September 30, 2002.
(1502-17)
15. Award of Fencing Contract to Hurricane and Poway Fence Company of Ramona
and Appropriation of $28,500 in funds. (602-01 #1509)
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15.1
Adoption of Resolution No. P-01-63 - Approving Temporary Use Permit 01-97, City
of Poway, Applicant: A request to hold the Eighth Annual Christmas in the Park on
December 15, 2001, from 4:30 p.m. to 8:30 p.m. (203-07)
15.2 Authorization to post Local Appointments List for 2002.
(701-09)
Motion carried 4-0 with Deputy Mayor Emery absent.
ITEM 1 (701-04)
ORDINANCE NO. 550/FIRST READING
GRADING/CLEARING VIOLATIONS
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 550, "An
Ordinance of the City of Poway, California, Adding Prohibitions and Penalties to Title 16 of
the Poway Municipal Code for Grading and Clearing Violations." Staff report by City
Manager Bowersox. Council held the first reading of this ordinance on November 27,
2001. Concern was raised during the first public hearing as to whether this type of penalty
was appropriate for all circumstances that had occurred. A revised ordinance was
presented for adoption, which eliminates one category of violation, that being for clearing.
Council requested staff to come back with a list of violations that have occurred and more
information on what this ordinance would do.
There was no one present wishing to speak.
Motion by Mayor Cafagna, seconded by Councilmember Rexford to close the public
hearing and remove the item from the agenda. Motion carried 4-0 with Deputy Mayor
Emery absent.
ITEM 2 (602-01 #320R)
DISPOSITION AND DEVELOPMENT AGREEMENT
WATERFORD DEVELOPMENT CORPORATION
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is
a joint public hearing to consider Environmental Assessment and Disposition and
Development Agreement by and between the Poway Redevelopment Agency and
Waterford Development Corporation for the development of a 3-story hotel on the
northeast corner of the intersection of Scripps Poway Parkway and Stowe Drive. APN:
323-481-08. A continuation of this item to January 8, 2002 is requested.
There was no one present wishing to speak.
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Motion by Councilmember Goldby, seconded by Councilmember Higginson, to continue
the public hearing to January 8, 2002. Motion carried 4-0 with Deputy Mayor Emery
absent.
ITEM 3 (701-04)
ORDINANCE NO. 551/FIRST READING
CITY-OWNED SKATE PARKS
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 551, "An
Ordinance of the City of Poway, California, amending Chapter 9.48 and Section 10.56.010
of the Poway Municipal Code Regarding City-Owned Skate Parks." Staff report by City
Manager Bowersox. To establish protection from potential liability claims, State law
mandates that the City approve an ordinance requiring the use of helmets, elbow pads and
knee pads for those using the skate park. The City must also post signage in the skate
park that states this requirement and notifies those who do not wear the required protective
gear are subject to citation.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to waive further
reading, continue the public hearing to January 8, 2002 for second reading and adoption.
Motion carried 4-0 with Deputy Mayor Emery absent.
ITEM 4 (203-24)
MODIFICATION OR REVOCATION
MINOR CONDITIONAL USE PERMIT 99-03
DEVELOPMENT REVIEW 99-06
APPLICANT: POWAY HONDA
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff
report by Director of Development Services Fritz. On October 2, 2001, City Council
directed staff to set a public hearing to potentially modify or revoke the Poway Honda
MCUP and DR. Staff is recommending that the MCUP be modified to include additional
conditions of approval to ensure the provision of adequate employee and customer
parking onsite, the prohibition of car deliveries from Gate Drive, and the prohibition of test-
driving vehicles in the adjacent residential neighborhood.
The following people were present wishing to speak:
Shay Rowe, General Manager for Poway Honda, 13747 Poway Rd., stated that Poway
Honda is committed to working with the City and the surrounding neighborhood.
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Amy LaBruyere, 13047 Gate Dr., spoke in opposition.
Chris Cruse, 13734 Utopia, spoke in opposition.
Mike Matsumoto, 13114 Gate Dr., spoke in opposition.
Glen Peterson, 13719 Fairgate Dr., spoke in support.
Motion by Councilmember Goldby, seconded by Councilmember Rexford to close the
public hearing, adopt Planning Resolution No. P-01-64, entitled, "A Resolution of the City
Council of the City of Poway, California, Rescinding City Council Resolution No. P-99-41
and Approving Modifications to Minor Conditional Use Permit 99-03 and Development
Review 99-06 Assessor's Parcel Number 317-190-15, 16, 17, 18, 20, 28 and 39" with the
following amendments: 1) the car wash stop operating at 5:00 p.m.; 2) gates be installed
across the two driveways onto Gate Drive; 3) citations are issued for violations of the law;
4) the City Attorney look at finding ways to apply some type of financial cost for violations
or any remedy short of revocation; 5) that letters be sent to the other dealerships that don't
have CUPS, in regards to unloading vehicles on Gate Drive; and 6) the City Attorney draft
an ordinance for the unloading of vehicles or any commercial parking on Gate Drive.
Motion carried 4-0 with Deputy Mayor Emery absent.
ITEM 5 (203-08)
CONDITIONAL USE PERMIT 01-01/
DEVELOPMENT REVIEW 01-07
APPLICANT: RON AND JUDITH STEPHENS
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to construct a 9,313 square-foot pre-school on the final remaining
undeveloped lot of the Twin Peaks Plaza commercial center at the southwest corner of
Twin Peaks Road and Ted Williams Parkway. The pre-school will serve up to a maximum
of 180 children.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Councilmember Goldby to close the
public hearing and adopt Planning Resolution No. P-01-65, entitled, "A Resolution of the
City Council of the City of Poway, California, Approving Conditional Use Permit 01-08 and
Development Review 01-07 Assessor's Parcel Number 314-710-35." Motion carried 4-0
with Deputy Mayor Goldby absent.
ITEM 6 (203-08)
CONDITIONAL USE PERMIT 01-13
APPLICANT: SPRINT PCS
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to install a telecommunications facility consisting of 9 panel antennas
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mounted to the side of an existing building (the Poway Dental Building), and ground
mounted equipment, on a developed property located at 13422 Pomerado Road. The
antennas are proposed to be well integrated into the building architecture, or are not
visible to public view. The equipment will be towards the back of the site and enclosed
within an equipment enclosure, which is architecturally compatible with the building. No
visual impacts are anticipated and the proposed facility will comply with the FCC design
and operational standards.
The following person was present wishing to speak:
Gerald Merrick, 9275 Skypark Ct., San Diego, spoke in support.
Motion by Councilmember Goldby, seconded by Councilmember Rexford to close the
public hearing, and adopt Planning Resolution No. 01-66, entitled, "A Resolution of the
City Council of the City of Poway, California, Approving Conditional Use Permit 01-13
Assessor's Parcel Number 317-021-10." Motion carried 4-0 with Deputy Mayor Emery
absent.
ITEM 7 (203-08)
CONDITIONAL USE PERMIT 01-14
APPLICANT: SUSAN AND GLENN WILSON/
GTC ACADEMY
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to operate a gymnastic school within an existing 35,262 industrial building
currently under construction. The site contains 78 parking spaces including 3 handicap
spaces. Advanced EDM Automation proposes to occupy 21,962 square feet of the
building and utilize 40 spaces and has allocated 13,300 square feet and 35 parking
spaces for the gymnastic facility. The school operates during off peak periods in later
afternoons, Monday through Friday and on Saturdays and they close during summer
months and winter and spring school breaks.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to close the
public hearing, and adopt Planning Resolution No. 01-67, entitled, "A Resolution of the
City Council of the City of Poway, California, Approving Conditional Use Permit 01-14
Assessor's Parcel Number 320-220-04." Motion carried 4-0 with Deputy Mayor Emery
absent.
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ITEM 8 (602-01 #177A)
PUBLISHING CONTRACT FOR POWAY
TODAYWITH POMERADO PUBLISHING
Staff report by City Manager Bowersox. This is an extension to the contract for printing
the City newsletter, Poway Today, to Pomerado Publishing, The current contract expires
on January 31, 2002. A clause in the new contract allows the City to negotiate a time
extension.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Rexford to approve staff
recommendation. Motion carried 4-0 with Deputy Mayor Goldby absent.
CiTY MANAGER ITEMS
16.
City Manager Bowersox expressed that as we end our 20th year in this building he
is thankful for living and working in Poway, it has been a pleasure and 20 years
later it is still a pleasure.
CITY ATTORNEY ITEMS
17. City Attorney Eckis requested the following Closed Session be held:
Ao
Conference with Legal Counsel - Threatened Litigation
Discussion on whether or not to initiate litigation
Government Code 54956.9(c)
Number of potential cases: 1
City Attorney Eckis announced that he would like to join the City in an Amicus
Brief in the case of Bonamo v. Contra Costa Transit Authority. It is a case in
which the appellant court held that although there was not a dangerous
condition on the Transit Authority's property, there was a bus station on their
property that encouraged people to cross other property not owned or
controlled by the Transit Authority on which there was located a dangerous
condition. In this case, the court held the authority liable for damages that the
plaintiff suffered while crossing the adjoining property. City Attorney Eckis
recommended the City support the Transit Authority's appellant brief writer for
the City and County of San Francisco.
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MAYOR AND CITY COUNCIL - INITIATED ITEMS
19. Councilmember Goldby requested staff research Mr. Ohrmund's property on Metate
Lane to determine whether a fence could be installed if there was not a covenant on
the land.
Requested that a tour of Rattlesnake Creek Canyon be setup for the Council.
20. Councilmember Higginson thanked staff for working with his neighbors on the
recent events that have been taking place in the neighborhood.
21. Councilmember Rexford reminded everyone that Saturday, December 15, 2001 at
4:30 p.m., is Christmas in the Park.
22. Mayor Cafagna congratulated staff for the new playground at Community Park.
Mayor Cafagna requested staff prepare a report for Council regarding the issues of
the water park money with different recommendations on how to best utilize the
funds.
CLOSED SESSION
Mayor Cafagna called for Closed Session as requested by City Attorney Eckis at 8:29 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 8:49 p.m. with all members present
with the exception of Deputy Mayor Emery and adjourned the meeting at 8:50 p.m. upon
motion by Councilmember Rexford, seconded by Councilmember Higginson.
Sherrie D. Worrell, Deputy City Clerk
City of Poway
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