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CC 2004 08-03 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 3, 2004 The August 3, 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. MA YORlCOUNCILMEMBERS PRESENT Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna (Mayor) STAFF MEMBERS PRESENT Jim Bowersox Penny Riley Steve Eckis Niall Fritz Robert Clark Jeanne Bunch Warren Shafer James Howell Deborah Johnson Charlie Campe Paolo Romero Patti Brindle City Manager Assistant City Manager Special Counsel Development Services Director Director of Community Services Interim City Clerk Director of Administrative Services Director of Public Works Director of Redevelopment Services Sheriff's Captain Management Assistant City Planner FLAG SALUTE Deputy Mayor Higginson led the flag salute. PRESENTATION Dan McAllister, San Diego County TreasurerlTax Collector made a presentation and solicited input regarding proposed changes to County Property Tax Bills. (0150-30) Niall Fritz, Development Services Director, utilizing power point exhibits, presented Council with an update on the City's Housing Element Regional Share Allocation. (0260-90) PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedures for Public Oral Communications. There was no one present wishing to speak. 8164 Page 2 - CITY OF POWAY- August 3,2004 CONSENT CALENDAR Motion by Councilmember Emery, seconded by Deputy Mayor Higginson, to approve the Consent Calendar as follows: 14. Ratification of Warrant Registers for the period of June 28 through July 2,2004 and July 5-9, 2004 (0400-25) 15. Approval of Minutes - City Council June 29, 2004 - Regular Meeting July 1, 2004 - Cancelled Adjourned Regular Meeting July 6, 2004 - Regular Meeting July 13, 2004 - Cancelled Regular Meeting 17. Appointment of Mayor Cafagna as Voting Delegate and City Manager Bowersox as Alternate for the League of California Cities Annual Conference in Long Beach September 17-19, 2004. (0710-60) 18. Adoption of Resolution No. 04-064 - "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. 03-063." (0700-35) 19. Temporary Sewer Connection for 14864 Budwin Lane, APN: 314-50-18. Applicant: Thomas Fisher. (0940-40) 20. Approval of Poway Chamber of Commerce Visitor Services Program budget in the amount of $26,050 for fiscal year 2004-2005. (0430-40) 21. Award of Bid for 2004-05 Seal Coat Project (#407-4320) - Bid No. 04-017 to Roy Allen Slurry Seal in the amount of $422,497.11. (0700-10) 22. Adoption of Resolution No. 04-065 - "A Resolution of the City Council of the City of Poway, California, in Support of San Diego Gas & Electric Company's Fair Share Proposal Pending a Hearing Before the California Public Utilities Commission." (0330-35) 23. Rejection of Claims (3) Against the City: 1) Michael and Diane Del Vecchio; 2) John F. Parks; 3) S.D.G. & E. (0190-10) 24. Approval of Amendments to the Lake Poway Concession, Inc., lease specifying rent reductions for the October City-initiated closures; prohibit smoking within 20 feet of an exit, entrance, or operable window; and authorize the Mayor to execute the documents. (0700-10) Motion carried unanimously. 8165 Page 3 - CITY OF POWAY- August 3, 2004 CONTINUED PUBLIC HEARINGS ITEM 1 (0220-60/#604) ORDINANCE NO. 604/SECOND READING SPECIFIC PLAN AMENDMENT 84-01 NNN FIRE FIGHTING TRAINING TOWERS Mayor Cafagna opened the public hearing and read the title of Ordinance No. 604 - "An Ordinance of the City of Poway, Califomia, Approving Specific Plan Amendment 84-01 NNN (SPA 84-01 NNN) to the South Poway Specific Plan to Allow City Governmental Fire Fighting Training Towers as a Permitted Use in the Industrial Park, Light Industrial, and Light Industrial/Storage Land Use Designations with a Maximum Height of 50 Feet." There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Deputy Mayor Higginson, to close the public hearing and adopt Ordinance No. 604. Motion carried unanimously. ITEM 2 (0240-30/#605) ORDINANCE NO. 605/SECOND READING PAGUAY REDEVELOPMENT PLAN EXTENDING TIME LIMITS Mayor Cafagna opened the public hearing and read the title of Ordinance No. 605, "An Ordinance of the City of Poway, California, Extending Time Limits with Respect to the Paguay Redevelopment Plan." There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the public hearing and adopt Ordinance No. 605. Motion carried unanimously. NEW PUBLIC HEARINGS ITEM 3 (0220-60/#606) ORDINANCE NO. 606/FIRST READING SOUTH POWAY SPECIFIC PLAN AMENDMENT SPA 84-01000 - APN 323-500-16 AMEND LAND USE DESIGNATION 8166 Page 4 - CITY OF POWAY- August 3, 2004 Mayor Cafagna opened the public hearing and read the title of Ordinance No. 606, "An Ordinance of the City of Poway, California, Approving a Specific Plan Amendment (SPA- 84-01000) to the South Poway Specific Plan to Change the Land Use Designation on 7.5 acres Located on the South Side of Kirkham Way West of Gateway Place from Light Industrial Storage to Industrial Park APN 323-500-16." City Manager Bowersox presented the staff report. There was no one present wishing to speak. Motion by Council member Goldby, seconded by Councilmember Rexford, to waive further reading and continue the hearing to August 17, 2004 for second reading and adoption. Motion carried unanimously. ITEM 4 (0220-60/#607) ORDINANCE NO. 607/FIRST READING SPECIFIC PLAN AMENDMENT SPA 84-01PPP - APN 323-500-07, 08, 09 & 17 AMEND LAND USE DESIGNATION Mayor Cafagna opened the public hearing and read the title of Ordinance No. 607, "An Ordinance of the City of Poway, California, Approving a Specific Plan Amendment (SPA 84-01 PPP) to the South Poway Specific Plan to Change the Land Use Designation on 4 Properties Totaling 13.36 Acres Located on the South Side of Scripps Poway Parkway, East of Stowe Drive and West of Gateway Place, From Light Industrial to Industrial Park. APN: 323-500-07, 08, 09 and 17." City Manager Bowersox presented the staff report. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to waive further reading and continue the hearing to August 17, 2004 for second reading and adoption. Motion carried unanimously. ITEM 5 (0850-65/#608) ORDINANCE NO 608/FIRST READING MUNICIPAL CODE AMENDMENT SECTION 10.32.010 SET SPEED LIMITS Mayor Cafagna opened the public hearing and read the title of Ordinance No. 608, "An Ordinance of the City of Poway, California, Amending Section 10.32.010 of the Poway Municipal Code to Set Speed Limits in the City of Poway." City Manager Bowersox said that due to the complexity of the survey, staff is requesting additional time for review of the document. No one was present wishing to speak. 8167 Page 5 - CITY OF POWAY- August 3,2004 Motion by Councilmember Goldby, seconded by Councilmember Rexford, to waive further reading and continue the hearing to September 7,2004 for first reading. Motion carried unanimously. ITEM 6 (0760-10) COMMUNITY FACILITIES DISTRICT NO.1 SETTING SPECIAL TAX RATE FOR FY 2004-05 Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report and said the amount of the special assessment would be $9,386.56 per net usable acre for Fiscal Year 2004-05. No one requested to speak on this matter. Motion by Council member Emery, seconded by Councilmember Rexford, to adopt Resolution No. 04-066 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 2004-2005." Motion carried unanimously. ITEM 7 (0760-10) COMMUNITY FACILITIES DISTRICT NO. 88-1 SETTING SPECIAL TAX RATE FOR FY 2004-05 Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report and said the amount of the special assessment would be $13,294.64 for Fiscal Year 2004-2005. No one requested to speak on this matter. Motion by Councilmember Rexford, seconded by Deputy Mayor Higginson, to adopt Resolution No. 04-067, 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 2004- 2005." Motion carried unanimously. ITEM 8 (0490-75) PROPERTY TAX ROLLS FOR FY 2004-05 FIRE PROTECTION TAX WATER & SEWER ASSESSMENTS ROAD IMPROVEMENT ASSESSMENTS 8168 Page 6 - CITY OF POWAY- August 3, 2004 Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report establishing taxes, fees and assessments to be collected on the tax rolls for Fiscal Year 2004-2005. No one asked to speak on this matter. Motion by Councilmember Emery, seconded by Council member Rexford, to adopt Resolution No. 04-068, entitled "A Resolution of the City Council of the City of Poway, California, Establishing the Fire Protection Tax, the Street and Water and Sewer Assessments, and the Road Improvement Assessments to be Collected on the Property Tax Roll for Fiscal Year 2004-2005." Motion carried unanimously. ITEM 9 (0490-75) PROPERTY TAX ROLLS FOR FY 2004-05 IMPROVEMENT DISTRICTS FORMERLY KNOWN AS POWAY MUNICIPAL WATER DISTRICT Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report and said Council action is necessary to establish tax rates for bonded indebtedness for Fiscal Year 2004-2005. No one asked to speak concerning this matter. Motion by Councilmember Rexford, seconded by Councilmember Emery, to adopt Resolution No. 04-069, entitled "A Resolution of the City Council of the City of Poway, California, Estimating the Amount Necessary to be Raised for Taxation for the Fiscal Year 2004-2005 for Improvement Districts of the City Formerly Known as Poway Municipal Water District." Motion carried unanimously. STAFF REPORTS ITEM 10 STATUS REPORT (0750-10) SECOND QUARTER - 2004 ILLEGAL ENCAMPMENT ACTIVITIES Staff report by City Manager Bowersox. Staff provides Council with quarterly updates on the status of illegal activities within the city. Staff recommends the report be received and field. The report was received and filed, as there were no objections. 8169 Page 7 - CITY OF POW A Y - August 3, 2004 ITEM 11 (0200-30) PRE-DEVELOPMENT CONFERENCE 03-05 TELECOMMUNICATIONS FACILITY MADERAS COUNTRY CLUB 17750 OLD COACH ROAD APPLICANT: CINGULAR WIRELESS Mayor Cafagna introduced the item. Staff report by City Manager Boxersox. This is a proposed new telecommunications facility on the Maderas Country Club site located at 17750 Old Coach Road. The facility would be located approximately 400 feet to the northeast of the existing clubhouse building. Ted Marioncelli, 302 State Place, Escondido, representing Cingular Wireless was available to respond to questions. Council discussion ensued regarding the use of various types of trees, water towers and light standards used to display telecommunications facilities. Although no formal action was taken, Council favored light standards or palm trees over oak trees. ITEM 12 (0200-30) PRE-DEVELOPMENT CONFERENCE 04-02 TELECOMMUNICATIONS FACILITY 12601 COBBLESTONE CREEK ROAD APPLICANT: SPRINT PCS Mayor Cafagna introduced the item. Staff report by City Manager Bowersox. This is a proposed new telecommunications facility to be located at 12601 Cobblestone Creek Road, south of Poway Road near Beeler Creek Terrace on property owned by Thomas J. Farley. Deeah Riley, 3388 Gregory Street, San Diego, representing Sprint PClDelta Groups Engineers, said the facility would consist of four 12-foot-high poles and three equipment cabinets. Three of the poles will hold panel antennas and one will hold two equipment cabinets. Council had no objection to the proposal. ITEM 13 (0200-30) PRE-DEVELOPMENT CONFERENCE NORTH COUNTY MEDICAL CLINIC APN 317-540-64 APPLICANT: DR. DAVID SMITH 8170 Page 8 - CITY OF POWAY- August 3,2004 Mayor Cafagna introduced the item. City Manager Bowersox presented the staff report. Niall Fritz, Director of Development Services said the applicant is proposing a fat;ade improvement that consists primarily of off-white stucco and decorative stone and proposes to change the existing asphalt shingle roof tile to a multicolored concrete tile. The proposed colors and materials are not consistent with the barn/ranch architectural theme required by the Poway Road Specific Plan for the CB zone. Mark Lyon (architect), 410 Birdrock Avenue, San Diego, spoke in support of the project. Dr. David J. Smith (applicant), 12509 Poway Road, also spoke in support of the project. After discussion, Council concurred with staff recommendation that they continue to work with the applicant on a design that meets the requirements of the Poway Road Specific Plan. CITY MANAGER ITEMS 25. City Manager Bowersox provided Council with a brief State Budget update. (0150-50) MAYOR AND CITY COUNCIL-INITIATED ITEMS 27 A. Councilmember Emery requested a review of parking standards in commercial areas. A brief discussion, with no action, ensued. 31. Mayor Cafagna did not provide a Regional Governance update. (0150-20) ADJOURNMENT Mayor Cafagna adjourned the meeting at 9:35 p.m. upon motion by Deputy Mayor Higginson, seconded by Councilmember Rexford. Motion carried unanimously. nne Bunch, Interim City Clerk City of Poway 8171