Loading...
CC 2004 10-12 MINUTES OF THE CITY COUNCIL REGULAR MEETING OCTOBER 12, 2004 The October 12, 2004, 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 Jim Bowersox Penny Riley Tamara Smith Jeanne Bunch Dennis Quillen Mark Sanchez Charlie Campe Niall Fritz Deborah Johnson Warren Shafer Jennifer Johnson Kristen Crane City Manager Assistant City Manager City Attorney Interim City Clerk Assistant Director of Public Works Director of Safety Services Sheriff's Captain Director of Development Services Director of Redevelopment Services Director of Administrative Services Senior Management Analyst Senior Management Analyst FLAG SALUTE Deputy Mayor Higginson led the flag salute. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedures for Public Oral Communications. There was no one present wishing to speak. CONSENT CALENDAR Motion by Councilmember Goldby, seconded by Council member Rexford to approve the Consent Calendar as follows: 6. Ratification of Warrant Register forthe period of September 13-17, 2004. (0475-20) 8218 Page 2 - CITY OF POWAY - October 12, 2004 7. Approval of Minutes - City Council September 21, 2004 Regular Meeting 9. Approval of the City's Investment Report as of August 31,2004. (0450-80) 10. Approval of Appropriation of Funding for Fiscal Year 2003 State Homeland Security Grant, Part II. (0490-53) 11. Approval of Appropriation of Funding for Fiscal Year 2003 Urban Area Security Initiative (Part II) Grant. (0490-53) 12. Adoption of Planning Resolution No. P-04-75, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Comprehensive Sign Program 04-03 - Assessor's Parcel Number 323-090-89," for the Kirkham Ridge Business Park, located at 14035-14055 Kirkham Way. Kirkham Road, LLC, Applicant. (0280-20) 13. Adoption of Planning Resolution No. P-04-76, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Comprehensive Sign Program 04-04 - Assessor's Parcel Nos. 323-480-17, 18, 19,20,21,22 & 23, 323-482-21, 22, 23, 24, 25, 26, 27, 28 & 29," for the Scripps Poway Office Park located at 14251-14290 Danielson Street. Mark Wylie, Architectural Sign Source, Applicant. (0280-20) 14. Approval of Commercial Rehabilitation Loan Program - Settlement Agreements. (0700-10) 15. Award of Bid for Skyridge Reservoir No.2 (#1747) to CB&I Constructors, Inc. in the amount of $715,330 and the appropriation of $175,000 from the Unappropriated Water Fund balance. APN: 278-240-01 (0700-10) Motion carried 4-0 with Councilmember Emery absent. STAFF REPORTS Mayor Cafagna said that Agenda Item 5 would be considered at this time due to the number of people in attendance. ITEM 5 (0210-50) REQUEST FOR REHEARING MINOR CONDITIONAL USE PERMIT (MCUP) 03-11 BASEEM SYED, APPLICANT 8219 Page 3 - CITY OF POWAY - October 12,2004 City Manager Bowersox presented the staff report and staff recommendation that Council take pubic input and determine whether there is new and different evidence not available at the September 21,2004 public hearing to justify a rehearing of MCUP 03-11. He said this is a code compliance issue and seatainers are allowed only as an accessory to a dwelling unit. He also indicated Mr. Syed has filed 33 complaints regarding illegal seatainers since Council's denial of his request. Of those, one has been removed and two are currently being investigated. The others are not in violation of the current ordinance. The following people spoke in support of the request for a rehearing: Pervez Mobin, 12441 Dormouse Road, San Diego Mohammed Memon, 10284 Lone Dove Street, San Diego Sandra Angotti, 11026 Creekbridge Place, Poway Sahraf Memon, 10284 Lone Dove Street, San Diego Azat Badretdinov, 11839 Spruce Run Drive, San Diego Baseem Syed, 13592 Quiet Hills Drive, San Diego (applicant's representative) In addition, the following persons indicated support, but did not wish to speak: Edrees Dalati, 1423 Sandlewood Place, Escondido Iram Syed, 13592 Quiet Hills Drive, Poway Teddy Fontanez, 1205 Paraiso Avenue, Spring Valley The following people spoke in opposition to the request for a rehearing: Linda Drummond, 13708 Somerset Road, Poway David Crook, 13674 Somerset Road, Poway Beth Leipold, 13732 Somerset Road, Poway Valerie Merrit, 13603 Somerset Road, Poway In addition, the following persons indicated opposition, but did not wish to speak: Barbara Roberts, 13711 Somerset Road, Poway Larry Roberts, 13711 Somerset Road, Poway Betsy Curtis, 13711 Somerset Road, Poway J. Anderson, 13711 Somerset Road, Poway Matt Leipold, 13732 Somerset Road, Poway William Hanzlik, 13736 Somerset Road, Poway Betsy Crook, 13674 Somerset Road, Poway Cindy Cribbins, 13708 Somerset Road, Poway Elizabeth Drummond, 13708 Somerset Road, Poway Leonard Misiewicz, 13647 Somerset Road, Poway Sandra Sheldon, 13917 Eastern Street, Poway Donald Thorpe, 13669 Somerset Road, Poway J. Thorpe, 13669 Somerset Road, Poway Gretchen Roscoe, 13728 Somerset Road, Poway Scott Roscoe, 13728 Somerset Road, Poway William Sheldon, 13917 Eastern Street, Poway Shelby Thorpe, 13669 Somerset Road, Poway James Reams, 13716 Somerset Road, Poway 8220 Page 4 - CITY OF POWAY- October 12, 2004 Mayor Cafagna closed the public hearing at this time. Council discussed whether new evidence was presented. Councilmember Goldby favored the request based on the following new evidence (1) construction containers are allowed on construction sites, (2) Mr. Syed indicated construction should begin soon with a spring completion date, and (3) there are other seatainers on Somerset. Motion by Deputy Mayor Higginson, seconded by Mayor Cafagna to deny request. Motion carried 3-1. Ayes: Deputy Mayor Higginson, Council member Rexford and Mayor Cafagna. Noes: Councilmember Goldby. Absent: Councilmember Emery. (A brief recess was held from 7:59 p.m. to 8:05 p.m. - All members, except Councilmember Emery, were present when Council reconvened.) CONTINUED PUBLIC HEARINGS ITEM 1 (0240-301#611) ORDINANCE NO. 611/FIRST READING 2004 AMENDMENT PAGUAY REDEVELOPMENT PROJECT AREA Mayor Cafagna opened the public hearing and read the titles of the following ordinance and resolutions. (a) Ordinance No. 611, "An Ordinance of the City of Poway, California, Adopting the 2004 Amendment to the Redevelopment Plan." (b) Resolution No. 04-089, "A Resolution of the City Council of the City of Poway Adopting the Written Responses to Written Objections to the 2004 Amendment to the Redevelopment Plan for the Paguay Redevelopment Project," and (c) Adoption of Planning Resolution No. P-04-77 entitled: "A Resolution of the City Council of the City of Poway, California, Approving Environmental Assessment 04- 08 for the Paguay Redevelopment Project Area Redevelopment Plan Amendment." City Manager Bowersox said the proposed amendment extends the time limit for eminent domain authority in the project area for twelve years. The following person spoke concerning this amendment: Ed Schaefer, 15152 Crocker Road, Poway. Mr. Schaefer was advised this amendment would not apply to his property. Motion by Councilmember Goldby, seconded by Councilmember Rexford to waive further reading and continue the hearing to October 26,2004, for second reading and adoption of the Ordinance, adopt Resolution No. 04-089, and adopt Planning Resolution No. P-04-77." Motion carried 4-0 with Councilmember Emery absent. 8221 Page 5 - CITY OF POWAY - October 12,2004 NEW PUBLIC HEARINGS ITEM 2 (0210-80-#612) ORDINANCE NO. 612/FIRST READING GPA AMENDMENT 04-01; ZONE CHANGE 04-01 SPA 88-01 D; SPA 89-06A: CUP 89-10M(5) Mayor Cafagna opened the public hearing and read the titles of the following ordinance and resolutions. 2. (a) Ordinance No. 612 - First reading, entitled, "An Ordinance of the City of Poway, California Changing the Zoning Classification of Certain Properties (ZC 04- 01) APN's 314-212-02 through 06; 314-220-02, 03, 33-35, & 69; 314-193-39 and a portion of 40." This is the first reading of a proposed ordinance to amend the land use designation and zoning of 13-City-owned parcels, or portions thereof, in the Old Poway area from Commercial General (CG) to Open Space-Recreation (OS-R); (b) Environmental Assessment/Mitigated Negative Declaration and General Plan Amendment (GPA) 04-01/Zone Change (ZC) 04-01; (c) Amendment to the Transportation Element of the Poway General Plan redesignating Midland Road between Edgemoor Street and Aubrey Street from a 4- lane Arterial Collector to a 2-lane Local Collector; (d) Specific Plan Amendment (SPA) 88-01 D, an amendment to the Old Poway Specific Plan to correct land use and boundary changes associated with General Plan Amendment/Zone Change 04-01; (e) Amendment to the Old Poway Town Park Specific Plan (SPA) 89-06A; and, (f) Modification of Conditional Use Permit 89-1 OM(5) to expand the boundaries and land uses within Old Poway Park. The above issues pertain to APN's 314-212-02 through 06; 314-220-02, 03, 33-35, & 69; 314-193-39 and a portion of 40. City Manager Bowersox presented the staff report. He said several goals of the Old Poway Park Master Plan included expansion of its boundaries, introduction of an art center and related facilities, and reduction in the width of Midland Road. He then reviewed the staff recommendation. The following people spoke concerning this public hearing: Sylvia Bramante, 14043 Sycamore, Poway, regarding how zone change would affect her property. 8222 Page 6 - CITY OF POWAY - October 12, 2004 Dee Fleischman, 14428 Midland Road, Poway, regarding the zone change and traffic on Midland Road. Motion by Council member Goldby, seconded by Councilmember Rexford to approve the Environmental Assessment's Mitigated Negative Declaration, waive further reading and continue the hearing to October 26, 2004, for second reading and adoption and adoption of resolutions approving GPA 04-01/lC 04-01, SPA 88-010, CUP 89-10M(5), and amendment to SPA 89-06A. Motion carried 4-0 with Councilmember Emery absent. ITEM 3 (0210-30) CONDITIONAL USE PERMIT 04-09 APPLICANT: CINGULAR WIRELESS Mayor Cafagna opened the public hearing. City Manager Boxersox presented the staff report. This is a request to install a telecommunications facility consisting of six antennas, four of which would be mounted inside of a new chimney, and two which would be mounted in an extension of an existing chimney on an existing commercial building on property located in the Town Center at 13425 Poway Road (Creekside Plaza on the Kinko's/Cafe de Thai building). Darrell Daugherty, representing the applicant, 6161 Cornerstone Ct., #150, San Diego 92121, was available to answer questions. Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford to close the public hearing and adopt Planning Resolution No. P-04-78 entitled "A Resolution of the City of Poway, California, Approving Conditional Use Permit 04-09. Assessor's Parcel Numbers 317-820-07,08 and 09." Motion carried 4-0 with Council member Emery absent. STAFF REPORTS ITEM 4 (0200-20) DEVELOPMENT REVIEW (DR) 04-06 APPLICANT: JRS ARCHITECTURE City Manager Bowersox presented the staff report and recommendation for approval. This is a request to construct a two-story, 5,475-square-foot, additional office building on the Del Norte Terraces office complex, located at 15644 Pomerado Road, in the Commercial Office (CO) zone. APN: 275-461-07 Motion by Councilmember Rexford, seconded by Councilmember Goldby, to adopt Planning Resolution No. P-04-79 entitled, "A Resolution of the City of Poway, California, Approving Development Review (DR) 04-06 Assessor's Parcel Number 275-461-07." Motion carried 4-0 with Councilmember Emery absent. 8223 Page 7 - CITY OF POWAY - October 12, 2004 ITEM 5.1 (0780-40) CONSERVATION EASEMENT DEED ACCEPTANCE AND RELOCATION OWNER: ROBERT BOONE APN 321-110-02 Mayor Cafagna said staff requested that this item be removed from tonight's agenda. Motion by Deputy Mayor Higginson, seconded by Councilmember Goldby to remove this item from the agenda. Motion carried 4-0 with Councilmember Emery absent. CITY MANAGER ITEMS 16. City Manager Boxersox introduced Kristen Crane, new Senior Management Analyst in the City Manager's office. MAYOR AND CITY COUNCILMEMBERS 19. Councilmember Rexford reported she attended the Old Poway Park's Annual Train Song Festival last Saturday. She also said the Community Fine Arts Committee won a "Best in Show" award at the Performing Arts Center. She thanked Jim Howell for involving her in the opportunity to save some trees on Creek Road. 20. Council member Goldby reported on the successful grand opening of Fire Station 3 last Friday and Saturday. 22. Mayor Cafagna did not provide a Regional Governance update. (0150-20) Mayor Cafagna reminded everyone of the dedication and open house of the City Hall Complex on Saturda~, October 16th and the grand opening of Home Depot on Wednesday, October 20 ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:33 p.m. upon motion by Deputy Mayor Higginson, seconded by Councilmember Rexford. Motion carried 4-0 with Councilmember Emery absent. e Bunch, Interim City Clerk City of Poway 8224