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CC 2003 07-29CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JULY 29, 2003 The July 29, 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. COUNCILMEMBERSPRESENT Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Penny Riley Steve Eckis Lori Anne Peoples Warren Shafer Peter Moote Niall Fritz Jim Howell Deborah Johnson Bob Krans Linda Barnett Javid Siminou Patti Brindle Jim Lyon Scott Edwards Paolo Romero City Manager Deputy City Manager City Attorney City Clerk Director of Administrative Services Deputy Director of Ad Services Director of Development Services Director of Public Works Director of Redevelopment Services Fire Division Chief SherifFs Captain City Engineer City Planner Sr. Planner Sr. Management Analyst Intern - City Manager's Office PLEDGE OF ALLEGIANCE Deputy Mayor Rexford led the Pledge of Allegiance. PRESENTATIONS Liz Quaranta of the San Diego County Department of E Housing Division, made a brief Power Point p Wholesale Food Warehouses. Health, Food and regarding the Regulation of 7886 Page 2 - CITY OF POWAY - July 29, 2003 PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral C The following people were present wishing to speak: Ed Carboneau, 14073 Pomegranate, expressed h' the City. Bill Cross, 13105 Corona Way, presented the Council with a plaque he had made from a piece of the "Poway Oak." Ellen Montgomery, 13018 Buckley Street, presented the Council with a petition requesting a foot bridge be installed on Oak Knoll Road. Gino Russo, 13350 Ann-O-Reno, read a letter into the record from Steve Pinhero of Oceanside and expressed h' the Bocce court. Maryann Milcetic, 12735 Larchmont Street, spoke regarding the neighborhood's desire for a park and no more development. CONSENT CALENDAR C 3er Emery stated that he was voting in opposition to AB 361 under Item 27.2. Motion by C ~er Emery, seconded by C 3er Higginson, to approve the Consent Calendar as follows: 16. Ratification of Warrant Registers for the Periods of June 16-20, June 23-27 and June 30-July 4, 2003. (401-10) 17. Approval of Minutes - City Council June 17, 2003 - Regular Meeting June 24, 2003 - Regular Meeting July 1, 2003 - Canceled Regular Meeting 19. Designation of Voting Delegate for League of 20. 21. C ' S September 7-10, 2003. Rejection of Claims (2) Against the City: 1) Ed Disengomoka. California Cities Annual (1503-22) Carboneau and; 2) Lo (704-13) Acceptance of Hazard Elimination System Signal Modification Project STPLHG 5428 (005) from Perry Electric. (602-01 #1549) 7887 Page 3 - CITY OF POWAY - July 29, 2003 22. Adoption of Resolution No. 03-062 - "A Resolution of the City Council of the City of Poway, Califomia Ordering the Expansion of Poway Landscape M District 86-1 and City of Poway City Lighting District, Zones A and C with the Annexation of APN 278-442-64-00 with Written Consent of Property Owner Property Description: Parcel 1 of Record of Survey 3835, in the City of Poway, County of San Diego, State of California, Being a Portion of Section 31, Township 13 South, Range 1 West, According to Official Plat Thereof." (705-09/705-10) 24. Approval of Final Map for Tentative Parcel Map 98-15, Errol Yeager, Applicant. (203-02) 25. Adoption of Planning Resolution No. P-03-40 - "A Resolution of the City Council of the City of Poway, California Approving a Modification to Comprehensive Sign Program 87-04(M)2 Assessor's Parcel Number 317-153-24." Poway - Nierman, LP., Applicant. (203-15) 26. Adoption of Resolution No. 03-063 - "A Resolution of the City Council of the City of Poway, California, Designating Voting Delegate and Alternates to the Southern California Joint Powers Insurance Authority (SCJPIA) and Rescinding Resolution No. 01-062." (1503-21) 27. Adoption of Resolution No. 03-064 - "A Resolution of the City Council of the City of Poway, California Finding the City to be in C with the Congestion Management Program (CMP) in Accordance with California G [Code Section 65089." (1503-02) 27.1 Approval of Agreement for Legal Services with McDougal, Love, Eckis, Smith and Boehmer. (602-01 #259) 27.2 Approval of Change in Position on Pending Legislation: Support AB 361 - San Diego Consolidated Transportation Agency. Oppose SB 18 - Traditional Tribal Cultural Sites. (701-10) 27.3 Approval of substantial completion and retention reduction of the Poway Community Aquatic Center (#1604) from C Building Group. (602-01 #1586) 27.4 Acceptance of the remaining imp for the City Office Building Phase I Imp Project (#1539) from Rocky Coast Framers, Inc. (1601-01) tv1" ' ::1 y. 7888 Page 4 - CITY OF POWAY - July 29, 2003 ITEM 1 (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. This item was continued from the Council Meetings of June 10, 2003, Item #7, June 17, 2003, Item #2.1 and June 24, 2003, Item #3.1. The following present wishing to speak: David Davis, 501 W. Broadway, San Diego, Winwood Design representing Shaw Cheng, spoke in support. Motion by C 3er Emery, seconded by C 3er Higginson, to close the public hearing and adopt Planning Resolution No. P-03-41, entitled, "A Resolution of the City Council of the City of Poway, California Approving a Mitigated Negative D and Tentative Parcel Map (TPM) 02-03 Assessor's Parcel Numbers 277- 011-06, 276-070-16 and 276-071-12" as revised. M ' :t y. ITEM 2 (203-10) MINOR DEVELOPMENT REVIEW 02-101 APPLICANT: SPRINT PCS Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to allow for the installation of a t :ions facility in the Public Right-of-Way on Espola Road across from Orchard Bend Road, adjacent to APN: 277-181-24. This item was continued from July 8, 1003, Item #7. The following people were present wishing to speak: Jim Kennedy, 701 "B" Street, #800, San Diego, representing Sprint, spoke in support and responded to Council questions. William Harding, 13635 Ash Hollow Crossing Road, spoke in opposition. Melvin McKay, 10122 Sage Hill Way, Escondido, spoke in opposition. Marge Knothe, 13724 Sagewood Drive, spoke in opposition. Mac Strobl, 9710 Caminito Joven, San Diego, representing Sprint PCS, spoke in support and responded to q : the Council and public. 7889 Page 5 - CITY OF POWAY - July 29, 2003 Development Services Director Fritz responded to q the Council. City Attorney Eckis responded to q the Council. Motion by C 3er Higginson, seconded by Mayor Cafagna, to close the public hearing and adopt Planning Resolution No. P-O3-42, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Minor Development Review Application 02-101 Assessor's Parcel Number: Adjacent to 277-181-24." Motion carried 3-2 with C ~er Emery and Deputy Mayor Rexford voting "No." ITEM 3 (701-04 #585) ORDINANCE NO. 585/FIRST READING REGULATING WHOLESALE F :HOUSES Mayor Cafagna opened the public hearing and read the title of Ordinance No. 585, "An Ordinance of the City of Poway, California, Adding Chapter 8.14 to the Poway Municipal Code Pertaining to Regulation of VVholesale Food Warehouses. Staff report by City Manager Bowersox. The City received a letter from the County of San Diego, Department of E Health, ;I the County's efforts and Ordinance regulating Wholesale Food Warehouses. The pdmary concern and purpose of the regulation is to protect and ensure the quality of food consumed by the citizens of San Diego County. The County has provided a copy of a model city ordinance. Th present wishing to speak. Motion by Deputy Mayor Rexford, seconded by C ~er Higginson, to waive further reading ( vote), and continue the public hearing to August 19, 2003, for second reading and adoption of Ordinance. Motion carried 4-0 with C 3er Emery away from the dais. ITEM 4 (701-04 #586) ORDINANCE NO. 586/FIRST READING SPECTATORS PROHIBITED ILLEGAL MOTOR VEHICLE SPEED CONTESTS Mayor Cafagna opened the public hearing and read the title of Ordinance No. 586, "An Ordinance of the City of Poway, California, Adding Chapter 10.64 to the Poway Municipal Code Pertaining to Spectators Prohibited at tllegal Motor Vehicle Speed C ~ Illegal Exhibitions of Speed." 789O Page 6 - CITY OF POWAY - July 29, 2003 This report pertains to illegal street racing that has been occurring in San Diego County for decades. The popularity of this illegal activity has brought with it needless tragedies and deaths. It other criminal activities including j "few gambling, fights and d littering, drinking in public, urinating in public, trespassing, and vandalism. The presence of spectators encourages criminal activity and creates an : in which illegal activities flourish. In prohibiting spectators, the act of organizing and participating in illegal street racing would be discouraged. There was no one present wishing to speak. Motion by C 3er Higginson, seconded by Deputy Mayor Rexford, to waive further reading ( vote), and continue the public hearing to August 19, 2003, for second reading and adoption of Ordinance. Motion carried y. ITEM 5 (701-04 #587) ORDINANCE NO. 587/FIRST READING REVISE SPEED LIMITS POWAY ROAD EAST OF COMMUNITY Mayor Cafagna opened the public hearing and read the title of Ordinance No. 587, "An Ordinance of the City of Poway, California, Amending Section 10.32.010 of the Poway Municipal Code to Revise Speed Limits and Speed Limit Segments on Poway Road East of Community Road." Staff report by City Manager Bowersox. While investigating a request from Mr. Cliff Hubbell regarding the use of electric cars on Poway Road, staff discovered that the present speed limits and speed limit segments do not adequately reflect the existing traffic and roadway conditions. For this reason, staff and the Traffic Safety Committee :1 changes to the speed limit segments and speed limits on Poway Road. The following present wishing to speak: Cliff Hubbell, 14562 Springvale Street, spoke in support. Motion by C ~er Emery, seconded by Deputy Mayor Rexford, to waive further reading ( vote), and continue the public hearing to August 19, 2003 for second reading and adoption of Ordinance. Motion carried y. Mayor Cafagna requested Item No. 6, 7 and 8 be heard together. ITEM 6 (401-27) FIRE PROTECTION/STREET IMPROVEMENT TAX ROLL FOR FY 2003-2004 7891 Page 7 - CITY OF POWAY - July 29, 2003 ITEM 7 (401-27) COMMUNITY FACILITIES DISTRICT NO. 1 FY 2003-04 SPECIAL TAX RATE ITEM 8 (401-27) COMMUNITY FACILITIES DISTRICT NO. 88-1 FY 2003-04 SPECIAL TAX RATE Mayor Cafagna opened the public hearings. Staff report by City Manager Bowersox. Annually, the City collects various taxes, fees, charges, and on the tax rolls by following the procedures set up for such collections by the County. Item 6 is to set the : for fire protection in ~ : District 96-1 (High Valley Road) and the neighborhood loan projects including Creek Road/Stage Stop Drive sewer imp Joshua Tree Court street imp Cobblestone Creek bridge and street imp Golden Way sewer; Budwin Lane street improvements; Old Espola Road sewer and Ann-O-Reno Lane street improvements. Item 7 sets the Special Tax for South Poway Community Facilities District No. 1 which is the Pomerado Business Park. Item 8 sets the Special Tax Rate for property within the Community Facilities District No. 88-1 (Parkway Business Centre). Th present wishing to speak on any of the items, 6 through 8. Motion by C ~er Emery, seconded by Deputy Mayor Rexford, to close the public hearing and adopt Resolution No. 03-065, entitled, "A Resolution of the City Council of the City of Poway, California, Establishing the Fire Protection Tax, the Street and Water and Sewer/~ Is, and the Road Improvement ,~ to be Collected on the Property Tax Roll for Fiscal Year 2003-2004." Motion carried y. Motion by C ~er Emery, seconded by Deputy Mayor Rexford, to close the public hearing and adopt Resolution No. 03-066, entitled, "A Resolution of the City Council of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied on Property Within the South Poway Community Facilities District No. 1 for Fiscal Year 2003-2004." rvl :' :t y. Motion by C ~er Emery, seconded by Deputy Mayor Rexford, to close the public hearing and adopt Resolution No. 03-067, entitled, "A Resolution of the City Council of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied on Property Within the Community Facilities District No. 88-1 (Parkway Business Centre) for Fiscal Year 2003-2004." M :' :t y. 7892 Page 8- CITY OF POWAY - July 29, 2003 ITEM 9 (2O3-24) MINOR CONDITIONAL USE PERMIT 03-003 LIVE ENTERTAINMENT PATRICK'S IRISH PUB APPLICANT: MARIANNE NEALAN Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to allow live entertainment by solo artists and small bands inside Patrick's Irish Pub at 13314 Poway Road. APN: 317-101-15. Th present wishing to speak. Motion by Deputy Mayor Rexford, seconded by C 3er Emery, to close the public hearing and adopt Planning Resolution No. P-03-43, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Minor Conditional Use Permit 03-003 Assessor's Parcel Number 317-101-15." Motion carried y. ITEM 10 (1503-02) AMENDMENT TO THE 2003-2007 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. Federal law requires the adoption of the Poway portion of a Regional Transportation Improvement Program. Additionally, the enabling ordinance for TransNet requires a be adopted describing the I: $250,000 on which TransNet funds will be spent. Th present wishing to speak. Motion by C 3er Emery, seconded by Deputy Mayor Rexford, to close the public hearing and adopt Resolution No. 03-068, entitled, "A Resolution of the City Council of the City of Poway, California, Adopting the Five-Year TransNet Local Street and Road Program of Projects for Fiscal Years 2003-2007." Motion carried y. ITEM 11 (602-01#1632) OUTSOURCING WATER UTILITY BILLPRINTING/MAILING INFOS Staff report by City Manager Bowersox. The City of Poway currently has nearly 14,000 water meter accounts. The Customer Services division reads every water meter on a bimonthly basis and generates a utility bill to the In total, approximately 89,000 bills are sent yearly, including past d :1 closing bills. 7893 Page 9 - CITY OF POWAY - July 29, 2003 Motion by C 3er Emery, seconded by Deputy Mayor Rexford, to authorize the City Manager to execute a I: services agreement. Motion carried y. ITEM 12 (704-10) STATUS REPORT ILLEGAL ENCAMPMENT ACTIVITIES Staff report by City Manager Bowersox. Staff provides the Council with quarterly reports on th ". ~ illegal encampment activities within the City. This report represents information from the first quarter covering April through June, 2003. Staff :is the report be received and filed. No objection as filed. ITEM 13 (203-01/203-14) GRADING PLAN REVISION TENTATIVE TRACT MAP 4191-9R DEVELOPMENT REVIEW 03-02 APPLICANT: MCCULLOUGH AMES DEVELOPMENT Introduction of staff report by City Manager Bowersox. Staff report by Development Services Director Fritz. The applicant is requesting approval to revise the grading plan for lots of Final Map 12880/TTM 4191-9R to allow changes in pad from those previously approved in 2000; and approval of a DR permit to establish the design standards for the of 10 homes on a 60-acre site located on Sagecrest Drive in the Rancho Arbolitos Neighborhood/Planned Community zone. The DR permit would replace a prior DR permit approval which expired in December 2002. APNs: 314-371-24 to 35. The following people were present wishing to speak: Maryann Milcetic, 12735 Larchmont Street, spoke in opposition. Nancy Dannhauser, 12756 Larchmont Street, spoke in opposition. Motion by Deputy Mayor Rexford, seconded by Mayor Cafagna, to adopt Planning Resolution No. P-03-44, entitled, "A Resolution of the City Council of the City of Poway, California Approving Revisions to the Grading Plan for Final Map 12880/Tentative Tract Map ('FI'M) 4191-9R and Development Review (DR) 03-02 Assessor's Parcel Numbers 314-371-24 to 35," as amended with strengthened one- story conditions under section G-3 and creation of a section 5-J stating that within 60 days of the approval of the revised grading for Final Map 12880/-I-rM 4191-9R and DR 7894 Page 10- CITY OF POWAY - July 29, 2003 03-02, and prior to the sale of any of the lots, the applicant shall record a deed covenant, in favor of the City, limiting the lots to one story, not exceeding 25 feet in height. The form of th : shall be subject to the approval of the City Attorney. IV :1 y. ITEM 14 (203-13) ENVIRONMENTAL ASSESSMENT 03-06 APPLICANT: POVVAY MITSUBISHI Introduction by City Manager Bowersox. Staff report by Development Services Director Fritz. This is a request to determine the historic significance of 10 located at 13910-13950 Poway Road in the/~ : General C (AGC) zone. APN: 323-203-20. General discussion ensued with C 3er Emery :ling the Egg-O- Matic/Post Office building be preserved and moved to an appropriate location and the Otis Family be recognized by the naming of a street after them. Motion by C 3er Emery, seconded by C 3er Higginson, to move forward to preserve the Egg-O-Matic building and the naming of a street after the Otis Family. M :1 y. ITEM 15 (1401-01) ADDITIONAL PARKING COMMUNITY PARK Staff report by City Manager Bowersox. Staff has studied the need for an expansion of the Community Park parking lot. Various alternatives have been considered to add to the existing number of parking spaces. These alternatives include provision of additional parking spaces on the east side of the park adjacent to the school playground and ' the existing t 'ts to new parking. The results of the parking lot expansion study indicate that there could be up to 127 new parking spaces possible if the project is implemented with all alt The current parking lot layout has 124 spaces. Therefore, the redesign of the layout could yield a total of 251 parking spaces. Motion by C 3er Emery, seconded by Deputy Mayor Rexford, to approve Attachment B, excluding the moving or removal of the tennis courts and including a study of using the basketball courts for special event overflow parking. M ' :1 4-1 with C 3er Goldby voting "no." 7895 Page 11- CITY OF POWAY - July 29, 2003 CITY MANAGER ITEMS 28. City Manager Bowersox provided Council with a State Budget Update. (1502-23) CITY ATTORNEY ITEMS 29. City Attorney Eckis requested a Closed Session as follows: C. C ~ ~h Legal Counsel - Existing Litigation Pursuant to G ~ Code §54956.9(a) Northwest Pipe v. Kay C MAYOR AND CITY COUNCIL-INITIATED ITEMS 34A. Mayor Cafagna requested and received Council for the appointment of Katrina Hill to the Teen Issues Committee as a Poway High Alternate. (701-09) 34B Mayor Cafagna provided Council with a brief Regional G CLOSED SESSION update. (1503-46) Deputy City Attorney Boehmer reported that Council y approved a settlement in the Northwest Pipe vs. Kay C by the terms- of which the City will accept $300,000 and retain $72,000 from the C fund for a total of $372,000. Each party is to bear their own attorney fees and costs. Mayor Cafagna adjourned the meeting at 10:11 p.m. upon motion by C Higginson, seconded by Deputy Mayor Rexford 3er Anne Peoples, City (~lerk of Poway 7896 Mayor Cafagna called the meeting back to order at 10:10 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna requested a Closed Session at 9:40 p.m. as requested by the City Attorney.