CC 2002 12-17CITY OF POWAY, CALIFORNA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
DECEMBER 17, 2002
The December 17, 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 PowaY Community
Library- Meeting Room, 13137 Poway Road, Poway, California.
COUNCILMEMBERS PRESENT
Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
COUNCILMEMBERS ABSENT
Bob Emery
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Steve Eckis
Lori Anne Peoples
Warren Shafer
Robert Clark
Niall Fritz
Jim Howell
Dennis Quillen
Deborah Johnson
Mark Sanchez
Linda Barnett
Patti Brindle
Scott Edwards
City Manager
Deputy City Manager
City Attorney
City Clerk
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
Director of Safety Services
Sheriff's Captain
City Planner
Sr. Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATION
Mayor Cafagna explained the 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 Rexford, to approve the
Consent Calendar as follows:
7. Ratification of Warrant Register for the Period of November 18-22, 2002. (401-10)
Approval of Minutes - City Council
November 19, 2002 - Regular Meeting
November 26, 2002 - Canceled Regular Meeting
10. Authorization to post Local Appointments List required by the Maddy Act.
(701-09)
11.
Rejection of Claims (5) Against the City: 1) Norman Rauch, 2) Betty Kausch,
3) Edward Vallentiny, 4) Allan Gilbert and 5) Annette Solomon. (704-13)
12.
Adoption of Resolution No. 02-125 - Commending Eagle Scout Matthew Ryan
Ellison. (701-17)
13.
Award of Bid for the Poway Fire Station #3 Project - Site Preparation (#5537) to
***, in the amount of $****. (Bid Opening delayed to December 19, 2002 with
Award of Bid continued to January 7, 2003). (602-01 #1583)
14.
Award of Bids for City Office Building Phases 2 and 3 Project to **** in the
amounts of ****. (Bid opening delayed to December 19, 2002 with Award of Bid
continued to January 14, 2003). (1601-01)
15.
Award of Bid for the Blue Sky Ecological Reserve - Phase 1 Improvements
(#1658) to Western Rim Constructors Inc. in the amount of $1,287,247.
(602-01 #1584)
16. Approval of Software Purchase and Service Agreement with Carte Graph
Systems, Inc., and Appropriation $35,000 in funds to implement. (601-04)
17.
Approval of Lease Agreement between the City of Poway and AT&T Wireless
PCS, LLC, for the Installation and Operation of a Telecommunications Facility at
Buehler Reservoir. (602-01 #1585)
18.
Approval of Final Map for Tentative Tract Map 97-02, and adoption of Resolution
No. 02-126 - Accepting the dedication of a portion of Lot 24, Whitewater Drive of
Tract Map No. 7791, for public street purposes, Maverick Estates, Whitewater
Drive, LLC, Owner. Northerly Terminus of Whitewater Drive. APN 317-071-18.
(203-01)
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19.
Award of Bid for the Poway Community Center Aquatic Center Renovation
Project (#1604) to Cornerstone Building Group in the amount of $535,666.
Acceptance includes the approval of an additional appropriation of $132,666.
(602-01 #1586)
19.1 Pending Legislation: 2002 Summary of Legislative Activities.
(701-11)
Motion carried 4-0 with Councilmember Emery absent.
ITEM 1 (701-04/203-21)
ORDINANCE NO. 571/FIRST READING
ADOPTING SPECIFIC PLAN AMENDMENT 84-01DDD
DEVELOPMENT STANDARDS
SOUTH POWAY SPECIFIC PLAN
TRAFFIC MITIGATION FEE FOR LI TO IP LAND USE
APPLICANT: CITY OF POWAY
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 571, "An
Ordinance of the City of Poway, California, Adopting Specific Plan Amendment 84-01
DDD, a Comprehensive Amendment to Volume 2, Development Standards of the South
Poway Specific Plan." Introduction by City Manager Bowersox. Staff report by
Development Services Director Fritz. This is a request for approval of Specific Plan
Amendment 84-01DDD, a comprehensive update of the South Poway Specific Plan
Development Standards and follow-up to SPA 84-01QQ, approved July 17, 2001. The
amendment proposes modifications to the text of Volume 2 - Development Standards,
including modification of the allowable freestanding signage in the South Poway
Commercial land use designations to reflect the allowable signage in other
commercially designated properties in the City; modification of the allowable wall sign
area in the South Poway Commercial land use designations to allow the transfer of sign
area of a freestanding sign to wall signage if a freestanding sign is not uses; allow the
use of metal as an exterior material for buildings in the South Poway Commercial land
use designations; modification of the parking standards to reflect the parking needs of
specific uses; provision of limits on address sizes on buildings to be consistent with the
Poway Municipal Code; and other minor updates/changes to reflect current
development policies and guidelines such as landscape standards, street lighting, and
landscape maintenance district requirements. The amendment also includes the
adoption of traffic mitigation fees as mitigation for requests to change the land use
designation from Light Industrial to Industrial Park.
The following person was present wishing to speak:
Rex Brown, representing McMillin, 2727 Hoover Avenue, National City, spoke in
support.
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Motion by Councilmember Higginson, seconded by Councilmember Goldby, to waive
further reading (unanimous vote), and continue the public hearing to January 7, 2003 for
second reading and adoption of the Ordinance and adopt Resolutions except the
portion on Auto Repair. Motion withdrawn by maker and second.
Motion by Councilmember Higginson, seconded by Deputy Mayor Rexford to waive
further reading of the Ordinance. Motion carried 4-0 with Councilmember Emery
absent.
Motion by Councilmember Higginson, seconded by Deputy Mayor Rexford, to continue
the public hearing to January 7, 2003 for second reading and adoption of Ordinance
No. 571 and adopt Resolution No's 02-127, entitled, "A Resolution of the City Council of
the City of Poway, California, Approving Specific Plan Amendment (SPA) 84-01DDD, A
Comprehensive Amendment to Volume 2 - Development Standards of the South Poway
Specific Plan and Land Use Map and Rescinding Resolution Nos. 87-050, 88-137, 89-
178, 89-184, 89-67, 90-101, 91-038, 91-083, 91-75, 92-060, 92-066, 92-109, 93-110,
94-100, 95-103, 96-08, 97-010, 97-023, 97-068, 97-082, 97-088, 97-100, 98-100, 99-
072, 00-009, 00-010, 00-102, 01-060, 01-065 and 01-080," and Resolution No. 02-128,
entitled, "A Resolution of the City Council of the City of Poway, California, Approving a
Traffic Mitigation Fee for South Poway Specific Plan Amendments that Change the
Land Use Designation from Light Industrial to Industrial Park (SPA 84-01DDD)." Motion
carried 3-1 with Councilmember Goldby voting "no" and Councilmember Emery, absent.
ITEM 2 (701-04/203-21)
ORDINANCE NO. 572/FIRST READING
APPROVING SPECIFIC PLAN 84-01FFF
SUBTERRANEAN PARKING AREAS
SOUTH POWAY PLANNED COMMUNITY
APPLICANT: RL HOLDINGS, LLC
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 572, "An
Ordinance of the City of Poway California, Approving Specific Plan Amendment 84-01
FFF, Pertaining to the Establishment of Provisions for Subterranean Parking Areas for
Properties within the South Poway Planned Community." Staff report by City Manager
Bowersox. This is a request by RL Holdings, LLC, to amend the SPSP to enable two-
story buildings in the Business Park to have a subterranean parking area. They are
proposing a building on the vacant site located at 13975 Danielson. Current standards
in the SPSP limit the height of buildings to two stories, which precludes the provision of
a subterranean parking area in a two-story building. The proposed amendment would
not change the maximum height limit in the Business Park, nor would it change the two-
story height limit. It would, however, allow underground parking within two-story
buildings, with the parking floor not counting as a story.
There was no one present wishing to speak.
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Motion by Councilmember Goldby, seconded by Deputy Mayor Rexford, to waive further
reading (unanimous vote), continue the public hearing to January 7, 2003 for second
reading and adoption of Ordinance No. 572, and adopt Resolution No. 02-129, entitled,
"A Resolution of the City Council of the City of Poway, California, Approving Specific
Plan Amendment 84-01FFF Pertaining to the Establishment of Provisions for
Subterranean Parking Areas for Properties within the South Poway Planned
Community." Motion carried 4-0 with Councilmember Emery absent.
ITEM 3 (701-04/203-21)
ORDINANCE NO. 573/FIRST READING
ADOPTING SPECIFIC PLAN AMENDMENTS
84-01XX
84-01EEE
84-01GGG
84-01HHH
SOUTH POWAY SPECIFIC PLAN
LIGHT INDUSTRIAL TO INDUSTRIAL PARK
APPLICANT: CITY OF POWAY
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 573, "An
Ordinance of the City of Poway California, adopting Specific Plan Amendments 84-
01XX, 84-0IEEE, 84-01GGG and 84-01HHH, an Amendment to the South Poway
Specific Plan to Change Land Use Designations from Light Industrial to Industrial Park.
APNs 320-220-06 through 12; 323-090-84; 317-271-01, 06, 07, 12, 13, 18, 50, and 52
through 55; 317-224-21 and 317-224-02 through 04?' Staff report by City Manager
Bowersox. These specific plan amendments involve requests to change the South
Poway Specific Plan land use designation of subject properties from Light Industrial (LI)
to Industrial Park (IP). The City's Municipal Code requires that Specific Plan
Amendments be initiated by the City Council by Resolution. The subject applications
were initiated by City Council Resolution On October 22, 2002. The land use changes
are being requested pursuant to proposed procedures outlined in SPA 84-01DDD, an
update to the SPSP, which is also on the City Council's December 17, 2002 agenda.
The following people were present wishing to speak:
Robert Murphy, 13975 Danielson, representing Seirus Innovation spoke in opposition.
Ted Tchang, 3535 Kenyon Street, San Diego, representing Tech Business Center, LLC
spoke in support.
Motion by Councilmember Goldby, seconded by Councilmember Higginson, to waive
further reading (unanimous vote) and continue the public hearing to January 7, 2003 for
second reading and adoption of Ordinance No. 573 and adopt Resolution No. 02-130,
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entitled, "A Resolution of the City Council of the City of Poway, California, Approving
Specific Plan Amendment SPA 84-01XX, 84-0IEEE, SPA 84-01GGG, and SPA 84-
01HHH to the South Poway Specific Plan to Change the Land Use Designation of
Certain Properties from Light Industrial to Industrial Park. APNs 320-220-06 through
12; 323-090-84; 317-271-01, 06, 07, 12, 13, 18, 50, and 52 through 55; 317-224-21;
and 317-224-02 through 04." Motion carried 4-0 with Councilmember Emery absent.
ITEM 4 (203-21)
SPECIFIC PLAN AMENDMENT
84-01 BBB
SOUTH POWAY SPECIFIC PLAN
CUL-DE-SAC CREEK ROAD
APPLICANT: CITY OF POWAY
Mayor Cafagna opened the public hearing. Deputy Mayor Rexford disqualified herself
from participation as she lives on Creek Road. Staff report by City Manager Bowersox.
The City Council initiated this amendment to the South Poway Specific Plan on July 31,
2001. The request is to amend Volume 1 of the South Poway Specific Plan to allow for
the provision of a cul-de-sac on Creek Road at the southern City limits. The provision of
a cul-de-sac would only be considered if the approval for the Rancho Encantada project
within the City of San Diego were to change and access through Creek Road were
again proposed.
The following people were present wishing to speak in support of the proposed
amendment:
Carol Funk, 11319 Creek Road
David Davis 11019 Beehler Canyon
Paul Rexford, 11570 Creek Road
Motion by Councilmember Goldby, seconded by Mayor Cafagna, to close the public
hearing and adopt Resolution No. 02-131, entitled, "A Resolution of the City Council of
the City of Poway, California, Approving Specific Plan Amendment 84-01BBB Adding a
Provision to Volume 1 of the South Poway Specific Plan to allow the Provision of a Cul-
de-sac at the Terminus of Creek Road at the Southern City Limits." Motion carried 3-0
with Deputy Mayor Rexford disqualified and Councilmember Emery absent.
ITEM 5 (203-08/203-10)
CONDITIONAL USE PERMIT 91-05M
MINOR DEVELOPMENT REVIEW 92-64R
APPLICANT: PHILLIP CHEN
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Page 7 - CITY OF POWAY - December 17, 2002
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a request to add a 2,154-square-foot, two-story addition onto an existing 4,522-
square-foot residential care facility located at 16031 Pomerado Road. The request also
includes the conversion of the existing garage to living space and the construction of a
754-square-foot detached garage. APN 275-231-02.
The following people were present wishing to speak in opposition:
Sharra Shachar, 12709 Indian Trails Road
Craig Tuttle, 12706 Indian Trails Road
Dwight Rogers, 3661 5th Avenue, Architect for the applicant, responded to questions of
the public and Council.
Motion by Councilmember Goldby, seconded by Deputy Mayor Rexford, to continue the
public hearing to January 14, 2003 to allow time for the applicant to work with the
neighbors on their concerns. Motion carried 4-0 with Councilmember Emery absent.
ITEM 6 (203-04/203-10)
ENVIRONMENTAL ASSESSMENT
VARIANCE 02-09
MINOR DEVELOPMENT REVIEW 02-03
APPLICANT: RICHARD CARROLL
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a proposal to construct a 2,450-square-foot single-story home on a vacant 1.3-
acre property and reduce the side yard setback from 20 feet to 10 at 14258 Mountain
Road. APN 321-210-70.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Higginson, to close the
public hearing and adopt Planning Resolution No. P-02-76, entitled, "A Resolution of the
City of Poway, California Approving Variance 02-09 and Minor Development Review
Application 02-03. Assessor's Parcel Number 321-210-70." Motion carried 4-0 with
Councilmember Emery absent.
CITY MANAGER ITEMS
20.
City Manager Bowersox provided a brief verbal update of the liD and SDCWA
negotiations.
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He also congratulated Sheriff's Captain Barnett on her up-coming marriage,
which can be viewed on-line at the County web site on January 2, 2003.
GITY ATTORNEY ITEMS
21. City Attorney Eckis provided a progress report on the BIA lawsuit against the
RWQCB, which is set for trial on February 20, 2003.
MAYOR AND CITY COUNCIL-INITIATED IT£M$
25. Deputy Mayor Rexford requested a report back on the status of the Performing
Arts Center Advisory Committee.
26. Mayor Cafagna stated that there was no update on the Regional Governance
Transition Plan. (1503-46)
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:30 p.m. upon motion by Deputy Mayor
Rexford, seconded by Councilmember Higginson. Motion carried unanimously.
LoCi Anne Peoples, City Clerk
City of Poway
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