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.
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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.
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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
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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.
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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