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CC 2002 02-05CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 5, 2002 The February 5, 2002, 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, Betty Rexford, Mickey Cafagna COUNCILMEMBERS PRESENT AT ROLL CALL Don Higginson STAFF MEMBERS PRESENT Jim Bowersox Penny Riley Lori Anne Peoples Steve Eckis Warren Sharer Robert Clark Niall Fritz Jim Howell Dennis Quillen Deborah Johnson John Tenwolde Javid Siminou Jason Martin Scott Edwards City Manager Deputy City Manager City Clerk City Attorney Director of Administrative Services Director of Community Services Director of Development Services Director of Public Works Assistant Director of Public Works Director of Redevelopment Services SherifFs Captain City Engineer Sr. Planner Management Analyst PLEDGE OF ALLEGIANCr~ Deputy Mayor Emery led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained tr~e procedure for Public Oral Communications. There was no one present wishing to speak. 7456 Page 2 - CITY OF POWAY - February 5, 2002 CONSENT CALENDAR Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to approve the Consent Calendar as follows: 4. Ratification of Warrant Register for the period January 7 - 11, 2002. (401-10) Approval of Minutes - City Council January 15, 2002 - Regular Meeting Approval of a Consultant Agreement Between the City of Poway and Vasquez+Marshall & Associates for Architectural Services for the Design of a New Orchestra Pit Lift at the Poway Center for the Performing Arts. (602-01 #1516) Rejection of Claims Against the City: Daryl L. Portwood and Joseph D. Pecheles. (704-13) Motion carried 4-0 with Councilmember Higginson absent. ITEM 2 (203-24) REHEARING MINOR CONDITIONAL USE PERMIT 99-03 DEVELOPMENT REVIEW 99-06 APPLICANT: POWAY HONDA Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. On December 11, 2001, the City Council, at a public hearing, modified the Conditions of Approval for Poway Honda's existing MCUP, adopted under Resolution No. P-01-64. On December 21, 2001, the applicant submitted, pursuant to Chapter 2.21 of the Poway Municipal Code, a request for rehearing of the City Council action. At their meeting on January 8, 2002, the Council set the item for a rehearing on February 5, 2002. Since initial preparation of the staff report, the City has made substantial progress in efforts toward acquisition of a site for offsite vehicle delivery and storage for Poway Road automobile sales businesses. Establishment and use of such a facility could significantly minimize some of the problems being experienced in the vicinity of the Poway Honda and other automobile sales businesses on Poway Road. Staff is recommending that an additional Condition of Approval be applied to the modification requiring Poway Honda to participate in the establishment of, and to utilize, the facility, should it be established. The following people were present wishing to speak: Shay Rowe, General Manager, Poway Honda, 13747 Poway Road spoke in support of the rehearing request and responded to questions of the Council. 7457 Page 3 - CITY OF POWAY - February 5, 2002 William Schwartz, Attorney for Poway Honda, 401 "B" Street, Ste. 2400, San Diego, proposed the following: 1 ) limited use of the southern driveway to "incoming traffic only" and modification to the northern driveway configuration to allow for a turning movement into the dealership, with an angled exit lane and raised divider to guide the traffic leaving the dealership to make only a right turn. Plans for such modifications to be submitted within 30 days after Council action and construction to be completed within 45 days following City approval of the necessary permits. 2) Poway Honda to contract with City for preparation of a noise study to evaluate noise impacts of car wash in residential neighborhood. If the noise study shows that extending the carwash wall will reduce noise level, Poway Honda to construct and extension of the wall in a westerly direction to the satisfaction of City Staff. Car wash hours to be limited to 8 a.m. to 6:30 p.m. Monday through Sunday. 3) With regards to vehicle deliveries and use of the off-site delivery/storage facility to be developed by the City, applicant proposes the following condition to resolve both issues: Proposed Condition 7.E. No for-sale vehicles, new or used, shall be delivered by truck to the site. Vehicles shall either be delivered to 13742 Poway Road or to the off-site vehicle delivery/storage facility on the south side of Kirkham Road in the South Poway Business Park and individually driven to the site. The applicant shall cooperate with the other Poway auto dealers in the establishment of the off-site facility, but shall not be financially obligated in connection therewith until it commences its use of a portion of the facility for delivery and/or storage. The cost to the applicant for such use shall not exceed the fair rental value of that portion of the facility used by the applicant. Additionally, applicant will immediately commence notification to all vehicle transporters with full implementation of this condition within 30 days after Council action. The following people spoke in support of staff recommendation: Joe St. Lucas, 13033 Eadgate Court Francis Schmelter, 13101 Gate Drive Constance Griffin, 12655 Gate Drive Chris Cruse, 13734 Utopia Road Philip Giesing, 13801 Poway Road Ray Yankowski, 13032 Gate Drive Cynthia Matsumoto, 13114 Gate Drive Development Services Director Fritz responded to questions of the Council. Motion by Councilmember Goldby, seconded by Mayor Cafagna, to close the public hearing and adopt Planning Resolution No. P-02-06, entitled "A Resolution of the City Council of the City of Poway, California Rescinding City Council resolution No. P-01-64 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," as amended as follows: The car wash hours to be 8 a.m. to 5 p.m. until such time as clear 7458 Page 4 - CITY OF POWAY - February 5, 2002 evidence can be provided that sound can be attenuated then Council will consider extending the hours; all vehicles, new and used, are required to be delivered to the Chevrolet dealership as per condition 7.E. provided by Poway Honda; spike strips to be installed in the southern driveway so ingress only is possible and the addition of a condition to preclude left turn movements out of the dealership onto Gate Drive (staff to come up with a prohibitive method). Motion carried 4-0 with Councilmember Higginson absent. ITEM 3 (203-28) OUTDOOR BARBECUES FOR FOOD ESTABLISHMENTS Staff report by City Manager Bowersox. At Council direction, staff was requested to prepare a report on the options for allowing outdoor barbeques at restaurants. Development Services Director Fritz responded to questions of the Council. Motion by Deputy Mayor Emery, seconded by Mayor Cafagna to adopt staff recommendation with amendments to delete requirement for permit issued by the San Diego County Department of Public Health as the restaurant should already have said permit; limit the number of existing parking spaces to be encroached upon; remove the requirement to screen from public view; amend the landscaping clause to allow for an area within the landscaped area if possible; no blocking of driveways; barbequing for food for the restaurant use only, not as a supplemental facility for fast food or catering; bifurcate permanent vs. temporary structures. Motion carried 4-0 with Councilmember Higginson absent. CITY ATTORNEY 11. City Attorney Eckis requested and Council concurred to have the discussion of the Draft Administrative Penalties Ordinance continued to the February 19, 2002 meeting to allow time for Council review. (701-04) MAYOR AND CITY COUNCIL-INITIATED ITEMS 16. Mayor Cafagna requested discussion of the Electrical Rate Increase Options for SDG&E Customers and introduced SDG&E Representative Don Parent, who provided a handout to the Council (copy on file in the Office of the City Clerk), made a brief verbal presentation and responded to questions of the Council. Motion by Councilmember Goldby, seconded by Deputy Mayor Higginson, to direct staffto draft a letter in support of the SDG&E position and in opposition to the DWR cost allocation procedure. Motion carried 4-0 with Councilmember Higginson absent. 7459 Page 5 - CITY OF POWAY - February 5, 2002 ADJOURNMENT Mayor Cafagna adjourned the meeting at 9:02 p.m. in memory of Robert Navarrette, upon motion by Councilmember Rex"ford, seconded by Councilmember Goldby to Thursday, February 7, 2002 at 6:00 p.m. in the City Council Chambers, 13325 Civic Center Drive, Poway, California. -Cle~rk Lori Peoples, city City of Poway 7460