CC 2003 06-10CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JUNE 10, 2003
The June 10, 2003, 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.
COUNClLMEMBERS PRESENT
Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Jim Lough
Lori Anne Peoples
Warren Shafer
Peter Moote
Robert Clark
Niall Fritz
Jim Howell
Dennis Quiilen
Deborah Johnson
David Narevsky
Mark Sanchez
Linda Barnett
Javid Siminou
Patti Brindle
Scott Edwards
Paolo Romero
City Manager
Deputy City Manager
Deputy City Attorney
City Clerk
Director of Administrative Services
Deputy 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
Redevelopment Manager
Director of Safety Services
Sheriff's Captain
City Engineer
City Planner
Sr. Management Analyst
Intern - City Manager's Office
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the Pledge of Allegiance.
PRESENTATION
Ray Gross, Executive Director of the Designated DriVers Association, provided
Council with a brief presentation on the Safe Ride Program in Poway.
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PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral C
:ions.
The following p
present wishing to speak:
Kelly Hutchinson, 11225 Beeler Canyon Road, San Diego, expressed her views on
Vulcan Materials and the review of their Conditional Use Permit.
CONSENT CALENDAR
Motion by C 3er Goldby, seconded by C
the Consent Calendar as follows:
3er Emery, to approve
10. Ratification of Warrant Registers for the Periods of May 12-16, 2003. (401-10)
11.
Approval of Minutes - City Council May 6, 2003 - Regular Meeting
May 13, 2003 - Regular Meeting
May 15, 2003 - Adjourned Regular Meeting
13. Approval of City's Investment Report as of April 30, 2003.
(408-01)
14.
Adoption of Planning Resolution No. P-03-28, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Temporary Use Permit 03-
24," City of Poway Community Services Department, Applicant, for the "Annual
Old Fashioned Fourth of July Celebration" at Old Poway Park, 14134 Midland
Road, from 10 a.m. to 4 p.m., and the fireworks display at Poway High School,
15500 Espola Road from 9 p.m. to 9:20 p.m. on Friday, July 4, 2003. (203-07)
14.1
Award of Bid for Demolition of Residential and Other Miscellaneous Structures
and Hazardous Materials Abatement As-Needed Services to Clauss
Construction, Inc. with a total contract unit amount of $1,000,000 or
two years time, whichever limit is reached first. (602-01 #346R)
14.2 Acceptance of the 2002-2003 Seal Coat Project from CPM, Inc. (602-01 #1547)
M ::1 y.
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Page 3 - CITY OF POWAY - June 10, 2003
Mayor Cafagna requested Item 9 be heard at this time.
ITEM 9 (602-01 #1031)
EDCO WASTE AND RECYCLING SERVICES
TO RATES SCHEDULE
Staff report by City Manager Bowersox. The solid waste franchise agreement allows
EDCO Waste and Recycling Services to submit an annual application for a rate
review, when necessitated by an increase in the Consumer Price Index (CPI) or a
change in landfill disposal costs. The agreement also requires EDCO to collect an AB
939 pass-through fee to fund the City's Household Hazardous Waste/Electronic Waste
Collection Program. On January 28, 2003 Council directed staff to present a $0.10
increase to the AB 939 fee with the next EDCO rate adjustment to provide sufficient
revenue to pay for E-waste and CRT (cathode ray tube) disposal at the Poway HHW
Facility. EDCO has submitted a request for an annual rate adjustment, effective July
1, 2003, for residential, and other special services and fees, which is
consistent with the provisions of the franchise agreement. If approved, residential
rates will increase by an average of 4.45% and rates will increase by an
average of 3.96%. The AB 939 fee has not been increased since 1999 and residential
rates have not been increased since 2000.
There was no one present wishing to speak.
Motion by C 3er Higginson, seconded by Deputy Mayor Rexford, to adopt
Resolution No. 03-048, entitled, "A Resolution of the City Council of the City of Poway,
California Approving an Adjustment to EDCO Waste and Recycling Services' Rate
Schedule Pursuant to the Provisions of the Solid Waste Franchise Agreement, and
Rescinding Resolution No. 02-053." Motion carried y.
ITEM 1 (203-01/602-01 #1606)
REIMBURSEMENT AGREEMENT
OLD COACH GOLF ESTATES TTM 89-13R
HERITAGE RANCH ESTATES TTM 98-02
SEWER PUMP UPGRADE
NORTHPOINT DEVELOPMEN C.
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
Northpoint Development, Inc. has requested the City process a Reimbursement
Agreement for certain public improvements in :h Old Coach Golf Estates
TTM 89-13R and Heritage Ranch Estates TTM 98-02. This item was continued from
May 6, 2003, Item #2. Staff has determined that additional time is needed to allow
certain property owners affected by the Reimbursement Agreement to examine
backup documentation pertinent to its formation.
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There was no one present wishing to speak.
Motion by C ~er Higginson, seconded by Deputy Mayor Rexford, to
continue the public hearing to August 5, 2003. Motion carried y.
ITEM 1.1 (701-04 #578/701-04 #-456)
ORDINANCE NO. 578/SECOND READING
AMENDING SECTION 17.08.180
SECOND DWELLING UNITS
ZONING ORDINANCE AMENDMENT 03-02
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 578,
"An Ordinance of the City of Poway, California, Amending Section 17.08.180 of the
Poway Municipal Code Pertaining to Second Dwelling Units in Residential Zones
(Zoning Ordinance Amendment 03-02)." Deputy Mayor Rexford :1 that
although she was absent at the first reading, she had reviewed the staff report and
recording and was prepared to participate.
Staff report by City Manager Bowersox. The proposed Ordinance would amend the
Poway Municipal Code processing requirement for second dwelling units, in response
to the recently adopted AB 1866. The new law prohibits the City from using any type
of discretionary review or conducting a public hearing for second dwelling units. The
City Attorney has advised that the City's current code must be modified to eliminate
the Conditional Use Permit and public hearing requirement in order to comply with
State law. The proposed Ordinance changes only the procedure through which
second dwelling units are established and not the development/performance
standards for second dwelling units or the limitations on where these units can be
located.
This item was given first reading on May 20, 2003, Item #2 and continued from June
3, 2003, Item #2 to this evening for second reading and adoption in order to eliminate
an internal ' ./which would be created by the initially proposed Ordinance.
Th
present wishing to speak.
Motion by C
further reading
578. IV"
3er Higginson, seconded by C 3er Emery, to waive
vote), close the public hearing and adopt Ordinance No.
Y
ITEM 2 (205-02)
FISCAL YEARS 2003-2004 & 2004-2005
COMPREHENSIVE FINANCIAL PLAN
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Mayor Cafagna opened the public hearing. Overview of staff report by City Manager
Bowersox. This is the first of three scheduled public hearings regarding the City of
Poway Comprehensive Financial Program. It presents the Proposed Comprehensive
Financial Program for the periods of FY 2003-04 and FY 2004-05. The report also
includes a 5-year fiscal forecast for the General Fund through FY 2007-08. The
proposed plan is again a two-year plan, incorporating two separate fiscal year
budgets and establishing separate appropriations for each year. The first year of the
proposed Comprehensive Financial Programs :is a City operating budget
of $55,599,560. For FY 2004-05, the proposed operating budget is $55,662,130.
The following
present wishing to speak:
Chris Nelson, 13357 Olive Grove Drive, representing the Budget Review Committee,
provided a brief Power Point presentation.
Motion by Mayor Cafagna, seconded by Deputy Mayor Rexford, to continue the
public hearing to June 17, 2003. Motion carried y.
ITEM 3 (405-01/1601-10)
HOUSING REVENUE BONDS ISSUE OF 2003
POINSETTIA MOBILEHOME PARK PROJECT
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
On April 29, 2003, the City Council and Redevelopment Agency took action to
approve the sale of the Poinsettia Parks to Poway Manufactured Home Communities,
LLC, an affiliate of Wakeland Housing and Development Corporation. This action is to
issue bonds 1 :late the sale of the Poinsettia Mobilehome Parks.
Th
present wishing to speak.
Motion by C ~er Emery, seconded by C ~er Higginson, to close
the public hearing and adopt Resolution No. 03-047, entitled, "A Resolution of the City
Council of the City of Poway, California Approving the Issuance of its Housing
Revenue Bonds, Issue of 2003 (Poinsettia Mobilehome Park Project), and Making
Certain Determinations Relating Thereto." M ' :l y.
ITEM 4 (701-04 #580)
ORDINANCE NO. 580/FIRST READING
AMENDING POWAY MUNICIPAL CODE
ALLOW OUTDOOR FOOD PREPARATION
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 580,
"An Ordinance of the City of Poway, California, Amending Sections 17.10.140 and
17.26.030 of the Poway Municipal Code to Allow Outdoor Food Preparation (City-
Initiated) (Zoning Ordinance Amendment 03-03)." 7849
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Staff report by City Manager Bowersox. The City Council directed staff to prepare an
amendment to the Municipal Code to allow outdoor barbecuing as an accessory use
to a permitted restaurant or food store. Two Dad's Caf6 and Vineyards,
had been the subject of Code Compliance for the use of a barbecue outdoors for food
prepared in conjunction with each restaurant. In addition to supermarkets
have offered barbecued foods during promotional sales events. This amendment
would allow the establishment of a permanent outdoor cooking area on a permanent
basis with the approval of a Minor Development Review permit. It would also allow
this activity on a temporary basis through the approval of a Temporary Use Permit.
There was no one present wishing to speak.
Motion by C ~er Higginson, seconded by C ~er Emery, to waive
further reading ( vote) and continue the public hearing to June 24, 2003 for
second reading and adoption. Motion carried y.
ITEM 5 (701-04 #581/203-21 )
ORDINANCE NO. 581/FIRST READING
SPECIFIC PLAN AMENDMENT 84-01LLL
SOUTH POWAY SPECIFIC PLAN USE MATRIX
CONDITIONAL USE PERMIT
RECREATIONAL VEHICLE, MOTORCYCLE,
OFF-ROAD VEHICLE, WATERCRAFT SALES
ANCILLARY SERVICE
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 581,
"An Ordinance of the City of Poway, California, Approving Specific Plan Amendment
(SPA 84-01LLL) to the South Poway Specific Plan to Revise the Use Matrix of the
South Poway C and Light Industrial Zones to Allow, with a Conditional Use
Permit, Recreation Vehicle, Motorcycle, Off-Road Vehicle, and Watercraft Sales and
Ancillary Service."
Staff report by City Manager Bowersox. The applicant, Alba Action Sports, is
requesting a revision to the use matrix of the South Poway C and Light
Industrial zones to allow, with a Conditional Use Permit, vehicle (RV),
motorcycle, off-road vehicle, and watercraft sales and ancillary service.
Th
present wishing to speak.
Motion by C 3er Emery, seconded by C 3er Higginson, to waive
further reading ( vote) and continue the public hearing to June 24, 2003 for
second reading and adoption. M :1 y.
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Page 7 - CITY OF POWAY - June 10, 2003
ITEM 6 (203-08/701-04 #580)
CONDITIONAL USE PERMIT 03-04
ESTABLISHMENT OF A MOTORCYCLE,
OFF-ROAD VEHICLE, AND WATERCRAFT
SALES BUSINESS WITH ANCILLARY SERVICE
APPLICANT: ALBA ACTION SPORTS
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
The applicant is requesting a Conditional Use Permit to establish a motorcycle, off-
road vehicle, and watercraft sales business (with ancillary service) at the developed
property located at 12160 Community Road, in the South Poway Business Park in the
Light Industrial zone. The applicant, Alba Action Sports, has an existing business
located at 12255 Poway Road and has indicated that their current facility is too small
to :late the business's inventory and activities and that there are no other
appropriately zoned properties available for the I: Poway Road. Conditions
of ^pproval are :led to regulate the ongoing business operation and to
ensure compliance with City standards. Conditions would relate to the prohibition of
outdoor storage, including outdoor product display, and the requirement that all
service work be ancillary to the business and occur entirely within the building. With
the :led Conditions of Approval, staff is :ling the approval of CUP
03-04.
The following
present wishing to speak:
Kelly Hutchinson, 11225 Beeler Canyon Road, San Diego, expressed concerns with
noise from test rides/repair and increased traffic.
Motion by C 3er Higginson, seconded by C 3er Emery, to close
the public hearing and adopt Planning Resolution No. P-03-29. Motion carried
y.
ITEM 7 (203-02)
OLD COACH RANCH ESTATES
TENTATIVE PARCEL MAP 02-03
APPLICANT: SHAW CHENG
Mayor Cafagna opened the public hearing. This is a request for approval of a
Tentative Parcel Map to subdivide a 167-acre site into four lots located in the
northwest section of the City of Poway with access from Olympic Point and Augusta
Court in the Heritage II Development. APNs: 277-011-06, 276-070-16 and 276-071-
12. Staff is requesting the item be continued to the Council meeting of June 17, 2003,
in order t :late technical revisions to the map.
Th
present wishing to speak.
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Page 8 - CITY OF POWAY - June 10, 2003
Motion by C 3er Higginson, seconded by C
continue the public hearing to June 17, 2003. Motion carried
3er Emery,
y.
to
ITEM 8 (203-14)
ENVIRONMENTAL ASSESSMENT
DEVELOPMENT REVIEW 02-18
APPLICANT: KEITH GORDON WHITE
OWNER: TRAVIS INVESTMENT GROUP
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox.
Staff report by Development Services Director Fritz. This is a request for approval to
add approximately 19,457-square-feet to an existing 109,202-square-foot
center located at 13630-44 Poway Road. APN: 317-130-47.
The following people were present wishing to speak:
Bruce Geernaert, property owner of 13616 Poway Road and his architect, Mark
Swenson, 5252 Balboa Avenue, #201, San Diego, Studio C Architects, presented
plans which would modify the applicant's plans I :late his property.
Stephen Lopez, 16787 Bernardo Center Drive, Suite 14, San Diego, Attorney for Mr.
Travis, spoke in support of staff :lation and opposition to the proposal of Mr.
Geernaert.
General d' :l.
Motion by Mayor Cafagna, seconded by Deputy Mayor Rexford, to close the public
hearing, approve the Negative Declaration and adopt Planning Resolution No. P-03-
30, entitled, "A Resolution of the City Council of the City of Poway, California,
Approving Development Review 02-18 for the Expansion and Remodel of Poway City
Centre, Assessor's Parcel Number 317-130-47" as amended to include the following
on Page 4, Section F (2):
"For the purpose of this condition of approval, a "major rehabilitation" is defined as
making City-approved improvements that increase the building value by more than 50
percent as determined by the Director of Development Services or as otherwise
approved by the Director."
Motion carried y.
Mayor Cafagna declared a brief recess at 8:25 p.m.
Council
:l at 8:29 p.m. with all members present.
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CITY MANAGER ITEMS
15. City Manager Bowersox provided Council with the latest State Budget Update.
(1502-23)
CITY ATTORNEY ITEMS
16.
Deputy City Attorney Jim Lough requested a Closed Session for the following:
Significant Exposure to Litigation under G l Code §54956.9(b)(1 )
C.L. Trustees et al v. Lockheed Martin IMS Corp. et al
San Diego Superior Court Case No. GIC773619
MAYOR AND CITY COUNCIL-INITIATED ITEMS
17.
C 3er Emery requested and received Council to take
copies of the letter by City Attorney Eckis regarding AB 361 (Kehoe) to the
MTDB meeting and the Mayor to take it to his SANDAG Policy Committee
meeting.
18.
C 3er Goldby inquired as to the status of the Old Poway Park
design project, rod-light camera surveillance program, and requested increased
I.
21A.
Mayor Cafagna provided a Regional G pdate and stated the AB 361
(Kehoe) had passed on the floor and was moved to the Senate. He will be
meeting with our Representatives to attempt to stop AB 381 (Kehoe) prior to it
going to the Governor for approval. (1503-46)
CLOSED SESSION
Mayor Cafagna called for Closed Session as requested by the Deputy City Attorney at
9:25 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 9:52 p.m. with all members
present and adjourned the meeting at 9:53 p.m. upon motion by Deputy Mayor
Rexford, seconded by C 3er Goldby. M ' :1 y.
~- ~n :nn~e Peoples~, Ci~C~'e~
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