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CC 2005 06-07 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JUNE 7, 2005 The June 7, 2005, Regular Meeting of the City Council of the City of Poway, was called to order at 7:03 p.m. by Mayor Cafagna at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford, and Mickey Cafagna COUNCILMEMBERS ABSENT None STAFF MEMBERS PRESENT James Bowersox Penny Riley Tamara Smith Sherrie Worrell Warren Shafer Peter Moote Robert Clark Niall Fritz James Howell Dennis Quillen Deborah Johnson Mark Sanchez Charlie Campe Patti Brindle Javid Siminou Ken Quon Kristen Crane Paolo Romero City Manager Assistant City Manager City Attorney Deputy 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 Director of Safety Services Sheriffs Captain City Planner City Engineer Senior Engineer Assistant to the City Manager Management Assistant FLAG SALUTE Deputy Mayor Emery led the flag salute. PRESENTATIONS Mayor Cafagna presented Terry Zaragoza, Water Utilities Crew Leader with a gift from the City for his 15 years of dedicated service with thanks from the City Council. Scott Crider of SDG&E (San Diego Gas and Electric) gave a PowerPoint presentation regarding the Summer 2005 Energy Outlook and Long-Range Planning. 8401 Page 2 - CITY OF POWAY - June 7, 2005 PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedures for Public Oral Communications. The following people spoke: Pat Bresee, 13120 Pomerado Rd., #118, Poway, introduced Blaine McCafferty, the new Executive Director of the Senior Center. Morrie Itzkowitz, 12816 EI Rey Vista, Poway, submitted a letter dated March 21,2005 from Community Development Financial Institution stating that funding would be available for residents of Poway Royal to purchase the park. CONSENT CALENDAR Motion by Deputy Mayor Emery, seconded by Councilmember Rexford to approve the Consent Calendar, Items 8 through 13.1. 8. Ratification of Warrant Reoister for the period of May 9 through May 13, 2005. (0475-20) 9. Approval of Minutes - City Council May 17, 2005 Regular Meeting 11. Approval of City's Investment Report as of April 30, 2005. (0450-80) 12. Adoption of Planning Resolution No. P-05-44, entitled: "A Resolution of the City Council of the City of Poway Approving Temporary Use Permit 05-32" to hold the Annual Old Fashioned Fourth of July Celebration at Old Poway Park, located at 14134 Midland Road on Monday, July 4,2005. (0210-60) 13. Adoption of Resolution No. 05-042, entitled: "A Resolution of the City Council of the City of Poway, California, Commending EaQle Scout Karson Derek Bleile." (0710-40) 13.1 Approval of Joint Facility Use Agreements with Poway Unified School District for use of the Midland Elementary School Library and Multipurpose Room. (0700-10) Motion carried unanimously. PUBLIC HEARINGS ITEM 1 (0210-30) CONDITIONAL USE PERMIT 04-14 16889 ESPOLA ROAD APPLICANT: VELOCITEL FOR VERIZON WIRELESS APN: 273-820-08 8402 June 7, 2005 - CITY OF POWAY - Page 3 Mayor Cafagna opened the public hearing. City Manager Bowersox and Director of Development Services Fritz gave the staff report. This is a request for a Conditional Use Permit to install a telecommunications facility within a cross at the Lutheran Church of the Incarnation located at 16889 Espola Road. The facility consists of a total of 6 panel antennas mounted inside of a replacement cross, and supporting ground mounted equipment in an enclosure. The subject property is located in the Rural Residential C (RR-C) zone. The proposed facility is a component of the ultimate Verizon system for the City of Poway. The following people were present to speak on this item: Tim O'Malley, 28737 Live Oak Rd., Highland CA, representing Verizon Wireless, provided a PowerPoint Presentation outlining the benefits provided by Verizon Wireless. Jerry Stone, 16880 St. James Dr., Poway, spoke in opposition to the project. Craig Gordon, San Diego, representing Lutheran Church of the Incarnation, spoke in support of the project. Motion by Deputy Mayor Emery, seconded by seconded by Councilmember Higginson, to close the public hearing and adopt Planning Resolution No. P-05-42, entitled: "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 04-14 Assessor's Parcel Number 273-820-08." Motion carried unanimously. ITEM 2 (0430-40) FISCAL YEARS 2005/2006 & 2006/2007 COMPREHENSIVE FINANCIAL PLAN Mayor Cafagna opened the public hearing. City Manager Bowersox gave the staff report. 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 2005-06 and FY 2006-07. The report also includes a 5-year fiscal forecast for the General Fund through FY 2009-10. 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 recommends a City operating budget of $65,352,200. For FY 2006-07, the proposed operating budget is $66,388,700. The following person was present wishing to speak: Kevin McNamara, 12919 Corte Juana, representing the Budget Review Committee, provided a brief PowerPoint presentation with an overview of the committee's recommendations. Motion by Councilmember Boyack, seconded by Councilmember Rexford, to continue the public hearing to June 14, 2005. Motion carried unanimously. 8403 June 7, 2005 - CITY OF POWAY - Page 4 STAFF REPORTS ITEM 3 (0120-70) SENIOR ISSUES COMMITTEE DISSOLUTION City Manager Bowersox gave the staff report. On November 26, 1991, the City Council established the two-Councilmember Poway Valley Senior Citizens Subcommittee for the purpose of creating a vehicle to conduct formal dialog with the Poway Valley Senior Citizen's Corporation. On May 26, 1992, the City Council eliminated this subcommittee and established the Council-appointed Senior Issues Committee, which includes two Council members, to act in an advisory capacity to the City Council on matters affecting seniors in the City. On March 15, 2005, the Senior Issues Committee voted unanimously to ask the City Council to dissolve the Committee and to appoint two Councilmembers to a Senior Issues Working Group to address senior-related issues on an as-needed basis. Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, dissolving the Senior Issues Committee and appointing two Councilmembers to serve on the Senior Issues Working Group. Motion carried unanimously. ITEM 4 (0120-80) TEEN ISSUES COMMITTEE DISSOLUTION City Manager Bowersox gave the staff report. On November 18, 1999, the City Council established the Council-appointed Teen Issues Committee to act in an advisory capacity to the City Council on matters affecting teens in the City. On March 9, 2005, the Teen Issues Committee voted unanimously to ask the City Council to dissolve the Committee and have its members merge in the Board of the Teen Recreation Club. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, dissolving the Teen Issues Committee into the Poway Teen Recreation Club. Motion carried unanimously. ITEM 5 (0200-30) EXTENSION OF WATER TO EAST POW A Y City Manager Bowersox and Director of Development Services Fritz gave the staff report. On February 22, 2005, a request was received from Harlan Lowe, for Council to consider an amendment to the City's Master Water System to make provisions for the extension of City water to East Poway along SR 67. The general area in which the water system is proposed for expansion consists of the areas south/southeast of High Valley, north/northeast of Blue Crystal Train, and along Highway 67. The area is approximately 1,800 acres in size and sparsely developed with approximately 80 homes. 8404 June 7, 2005 - CITY OF POWAY - Page 5 The following people were present wishing to speak: Jeff Cooper, 750 B Street, San Diego, representing Harris & Associates, responded to questions of Council and discussed the formation of an assessment district for the area. Harlan Lowe, 15318 Mina De Oro, Poway, expressed concerns about an increase in density and the financial burden placed on property owners if water is brought to the area. Reed Johnson, 16080 Running Deer Trail, Poway, stated he is opposed to a zone change in order to extend water to east Poway. Bruce Tarzy, 15912 Ranch Hollow Road, representing the Green Valley Civic Association, stated they do not want water brought out to east Poway, as it will force a change to the community and requested Council to maintain the rural community even if water is brought to the area. Imad Shahhal, 2715 Richlynn Ridge, Escondido, stated water is essential to the area, the City should participate in all studies, and zoning should be kept the same. Stan Kaminski, 16405 Coyote Creek Trail, stated he was in favor of the water being extended to east Poway but the zoning should remain the same. Phil Factor, 17079 Iron Mountain Drive, stated he was in favor of the water being brought to east Poway, but does not want the zoning changed. Nick Zenkich, 16801 Caparral Way, spoke in favor of the water studies and water extension. Michael Rothbart, 14441 Range Park Road, spoke in opposition to the zoning being changed. Bill Cockerell, 15395 Running Deer Trail, spoke in opposition to the water extension, as it is cost prohibitive. David Davis, representing Poway Development Company, stated his company was willing to front money for some of the water studies. Motion by Deputy Mayor Emery, seconded by Mayor Cafagna to refer the item back to staff to prepare a report showing the potential development of a master plan for east Poway which would include open space and wildlife corridors. Review financial ramifications for extending water to the area. Create a planning committee that includes not only east Poway residents, but residents from other areas in Poway and outline the process that needs to take place. Use funds proposed for initial ground study to develop a master plan. Motion carried unanimously. ITEM 6 (0740-55) APPROVAL OF POSITIONS ON PENDING LEGISLATION 8405 June 7 - POWAY CITY COUNCIL - Page 6 City Manager Bowersox gave the staff report. The City has been notified of AB 343-Utility User Taxes: Exemption, AB 697 - Highway Users tax Account: Appropriation of Funds, AB 712 - Land Use: Density, AB 1192 - Public Works: Prevailing Wages: Affordable Housing, AB 134 - Local Agencies: Compensation and Ethics, AB 1331 - Workers' Compensation: Apportionment: Presumptions, AS 1390-Housing, ACA 13 - Local Government: Assessments and Fees or Charges, SB 44 - General Plans: Air Quality Element, SB 326 - Land Use: Housing Elements, SB 729 - Water Quality, SB 820 - Water, SB 995 - Tax Exempt Bonds for Tribal Nations, and SB 1059 - Electric Transmission Corridors. Motion by Councilmember Boyack, seconded by Deputy Mayor Emery, to support AB 697, AB 1192, AB 1234, and ACA 13; oppose AB 343, AB 1331, SB 729, SB 995 and SB 1059 unless amended; watch AB 712, AB 1390, SB 44, SB 326 and SB 820; and inform members of the State Legislature, organizations, and committees of the City's position. Motion carried unanimously. ITEM 7 (0910-10) UNDERGROUND WAIVER 05-01 LOT 17,lN HIGHLANDS RANCH COMMUNITY APPLICANT: MEDI MOHAMMADI APN: 272-761-17 City Manager Bowersox gave the staff report. This is a rehearing of a request to waive the underground requirement for Lot 17, a vacant parcel within the Highlands Ranch Community. The 4.54-acre parcel has been approved for a single-family residence (MORA 04-113) and is located on the north side of Highlands Ranch Road within the Rural Residential C (RR-C) zone. On April 12, 2005, the City Council approved, with conditions, Underground Waiver 05- 01. Council's action on April 12, 2005 required the existing pole on Lot 17 be lowered in height or moved in a northerly direction up to 100 feet from its current location to reduce the visual affect on Lot 16. On May 24, 2005, Council voted to rehear this matter based on information presented by the applicant. An alternative to relocating the pole to lessen or obstruct the view of the pole from the adjacent Lot 16 would be to add one or more trees between the properties. The following people were present wishing to speak: Bruce Tarzy, 15912 Ranch Hollow Road, Poway, representing the Green Valley Civic Association, stated both he and the association were in favor of the recommendation. Nate Derby, 13426 Highlands Ranch Road, Poway, thanked Council and staff for their assistance on this matter and requested he be given the choice as to the type of trees to be planted. Medi Mohammadi, 524 Sail Point Way, Columbia, South Carolina, stated he would accept the proposal as long as a restriction was not put on the title. 8406 June 7, 2005 - CITY OF POWAY - Page 7 General discussion ensued amongst Council and staff. Director of Development Services Fritz stated it has been the City's standard requirement when granting an underground waiver that a new deed covenant be recorded whereby the property owner agrees not to oppose an undergrounding district, if one is proposed in the future, and that he would pay a pro-rata share of any future undergrounding costs. Motion by Councilmember Rexford, seconded by Council member Boyack, adopting Planning Resolution No. P-05-43, entitled: "A Resolution of the City Council of the City of Poway, California Approving Underground Waiver 05-01 and Rescinding Resolution No. P-05-26 Assessor's Parcel Number 272-761-17." Motion carried unanimously. CITY MANAGER ITEMS 14. Mr. Bowersox reminded Council and the public of the Joint Workshop with the Parks and Recreation Advisory Committee scheduled for Thursday, June 9, 2005 at 6:00 p.m. MAYOR AND CITY COUNCIL-INITIATED ITEMS 17. Council member Rexford requested: 1) staff contact McMillan Properties concerning the retention basins in the Rancho Encantada development that need to be cleaned out; 2) staff contact the Water Authority about coming through Goodan Ranch instead of undergrounding; 3) staff to follow-up on the CUP for Vulcan Materials and their non- compliance with hours of work; and 4) would like to know the number of Poway residents that are on the various sports teams that use the City's parks. 19A. Deputy Mayor Emery provided a review of the Sunday Brunch offered at the Maderas Golf Club. ADJOURNMENT Mayor Cafagna adjourned the meeting at 10:20 p.m., to June 9, 2005, 6:00 p.m., City Council Chambers, 13325 Civic Center Drive, for a Joint Workshop Meeting with the Parks and Recreation Advisory Committee. ~A-'J tlDv.~oP Sherrie D. Worrell, Deputy City Clerk City of Poway, California 8407