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CC 2004 07-20 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JULY 20, 2004 The July 20, 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 Bob Emery, Jay Goldby, Betty Rexford, Mickey Cafagna. Absent: Don Higginson. STAFF MEMBERS PRESENT Penny Riley Steve Eckis Jeanne Bunch Warren Shafer Robert Clark James Howell Deborah Johnson Mark Sanchez Charlie Campe Assistant City Manager Special Counsel Interim City Clerk Director of Administrative Services Director of Community Services Director of Public Works Director of Redevelopment Services Director of Safety Services Sheriff's Captain FLAG SALUTE Council member Goldby led the flag salute. PRESENTATION Mayor Cafagna presented a Certificate of Recognition to Anurag Kashyap for Reaching the Finals of the National Spelling Bee Competition. Mayor Cafagna presented Certificates of Appreciation to George Kehrer of CARe, Inc., for Assisting Poway Fire Families. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following individual was present wishing to speak. Harold Mensch, 14473 Maplewood Street, thanked Council for the new policy concerning the removal of mark-out paint left on streets, curbs and sidewalks by contractors and utility companies. 8153 Page 2 - CITY OF POWAY - July 20,2004 CONSENT CALENDAR Mayor Cafagna said that Item #20 has been removed from the agenda. Motion by Councilmember Goldby, seconded by Council member Emery to approve the Consent Calendar as follows: 12. Ratification of Warrant Registers for the period of June 14-18, 2004 and June 21- 25,2004 (0475-20) 13. Approval of Minutes - City Council June 22, 2004 - Regular Meeting 15. Adoption of Resolution No. 04-060 entitled: "A Resolution of the City Council of the City of Poway, California, Commending Eagle Scout Stephen C. Barr." (0710-40) 16. Acceptance of the Contract for Civic Center Drive Extension project from Western Rim Constructors (#5295). (0700-10) 17. Acceptance of the Camino Del Valle Relief Sewer Projectfrom Excel Commercial Construction (#1822). (0700-10) 18. Acceptance of Task 4 of the Demolition of Residential and Other Miscellaneous Structures and Hazardous Materials Abatement As-Needed Services Project (#5984B) from Clauss Construction. (0700-10) 19. Approval of Neighborhood Loan Program for Sewer Improvements on Avenida Florencia. (0490-85) 20. Adoption of Resolution Supporting the renewal of the North San Diego County Recycling Market Development Zone. (Removed from Agenda) (0380-20) 21. Approval of Lease Amendment No.2. for Hamburger Factory, LLC, to change name to Hamburger Factory, Inc. (0700-10) Motion carried 4-0 with Deputy Mayor Higginson absent. CONTINUED PUBLIC HEARINGS ITEM 1 (0720-20/#601) ORDINANCE NO. 601/SECOND READING AMENDING CHAPTER 13.03.010 SEWER SERVICES CHARGES AND RATES 8154 Page 3 - CITY OF POWAY - July 20,2004 Mayor Cafagna opened the public hearing and read the title of Ordinance No. 601, "An Ordinance of the City of Poway, California, Amending Chapter 13.03.010 of the Poway Municipal Code, Schedule of Sewer Service Charges, and Establishing Sewer Rates." (Continued from June 29, 2004). Assistant City Manager Riley presented the staff recommendation for approval. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Emery to close the public hearing, waive further reading and adopt Ordinance No. 601. Motion carried 4-0, Deputy Mayor Higginson absent ITEM 2 (0740-20/#602) ORDINANCE NO. 602/SECOND READING AMENDING CHAPTER 13.11.010 WATER SERVICES CHARGES AND RATES Mayor Cafagna opened the public hearing and read the title of Ordinance No. 602, "An Ordinance of the City of Poway, California, Amending Chapter 13.11.010 of the Poway Municipal Code, Schedule of Water Service Charges, and Establishing Water Rates." (Continued from June 29, 2004). Assistant City Manager Riley presented the staff report and recommendation for approval. There was no one present requesting to speak. Motion by Councilmember Goldby, seconded by Council member Emery to close the public hearing, waive further reading and adopt Ordinance No. 602. Motion carried 4-0, Deputy Mayor Higginson absent. ITEM 3 (0740-20/#603) ORDINANCE NO. 603/SECOND READING AMENDS SECTION 13.09.050 PROHIBITS FLUSHING WATER INTO SEWER SYSTEM Mayor Cafagna opened the public hearing and read the title of Ordinance No. 603 _ Second Reading, "An Ordinance of the City of Poway, California, Amending Section 13.09.050 of the Poway Municipal Code to Prohibit the Flushing of 5-Year Fire Sprinkler Certification Water into the Municipal Separate Storm Sewer System (MS4) and/or the City Sewer System." (Continued from June 29, 2004). Assistant City Manager Riley presented the staff recommendation for approval. No one requested to speak concerning this public hearing. Motion by Councilmember Goldby, seconded by Councilmember Emery, to close the public hearing and adopt Ordinance No. 603. Motion carried 4-0, Deputy Mayor Higginson absent. 8155 Page 4 - CITY OF POWAY - July 20,2004 NEW PUBLIC HEARINGS ITEM 4 (0220-60/#604) ORDINANCE NO. 604/FIRST READING SPECIFIC PLAN AMENDMENT 84-01 NNN APPLICANT: CITY OF POWAY 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 84-01NNN) 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." Assistant City Manager Riley that the hearing be held and continued to August 3, 2004 for second reading and adoption of the ordinance. The following person spoke concerning this public hearing. Joe St. Lucas, 13033 Earlgate Court, expressed concern that the smoke and fumes from the training tower might necessitate the closing of the trail used by horses, bicyclists and hikers. Assistant City Manager Riley responded by indicating there would be no fumes as this is a state-of-the art self-contained facility. Motion by Council member Goldby, seconded by Councilmember Emery to waive further reading and continue the public hearing to August 3, 2004, for second reading and adoption. Motion carried 4-0, Deputy Mayor Higginson absent. ITEM 5 (0240-30/#605) ORDINANCE NO. 605/FIRST READING EXTENSION OF REDEVELOPMENT PLAN Mayor Cafagna opened the public hearing and read the title of Ordinance No. 605, entitled: "An Ordinance of the City of Poway, California, Extending Time Limits with Respect to the Paguay Redevelopment Plan." No one requested to speak concerning this item. Motion by Council member Goldby, seconded by Council member Rexford to waive further reading and continue the public hearing to August 3,2004 or second reading and adoption. Motion carried 4-0, Deputy Mayor Higginson absent. ITEM 6 (0210-50) MINOR CONDITIONAL USE PERMIT 04-08 APPLICANT: REGENCY CENTERS LP 8156 Page 5 - CITY OF POW A Y - July 20, 2004 Mayor Cafagna opened the public hearing. The staff report was presented by Assistant City Manager Riley who indicated the request is for the installation of a removable 'micro- site" recycling center on the north side of Albertson's along the rear access. The recycling center consists of one 21-foot-long by 8-foot-wide by 9-foot-tall removable container. Albertson's is located at 14837 Pomerado Road, at the southeast corner of Twin Peaks Road, within the General Commercial (CG) zone. APN: 314-710-37. No one requested to speak concerning this item. Motion by Council member Goldby, seconded by Councilmember Rexford to close the public hearing and adopt Planning Resolution No. P-04-49, entitled: A Resolution of the City Council of the City of Poway, California, approving Minor Conditional Use Permit 04- 08, Assessor's Parcel Number 314-71 0-37." Motion carried 4-0, Deputy Mayor Higginson absent. ITEM 7 (0210-70) VARIANCE 04-08 APPLICANT: M. CROWLEY, F. HENDERSON. C. KEITH Mayor Cafagna opened the public hearing. The staff report was presented by Assistant City Manager Riley who said the applicants are requesting a Variance to allow the installation of over height fencing (9 feet) along the rear property lines of the residential properties located at 14518, 14528, 14538, 14548, 14558, 14568, 14578 and 14588 Budwin Lane when the maximum height permitted in the Residential Single-Family 4 zone is 6 feet. APNs: 314-690-08 thru 15. Niall Fritz, Development Services Director, reviewed staff's recommendation for approval. The following person spoke concerning this item: Michael Crowley, applicant, 14578 Budwin Lane, spoke in support. Councilmember Goldby expressed concern that granting the Variance might result in setting a precedent for 9-foot high fences in similar neighborhoods. Discussion ensued among Councilmembers, Special Counsel Steve Eckis and staff concerning Councilmember Goldby's concems. Motion by Councilmember Rexford, seconded by Councilmember Emery to close the public hearing and adopt Planning Resolution No. P-04-50, entitled: "A Resolution of the City Council of the City of Poway, California, approving Variance 04-08. Assessor's Parcel Numbers 314-690-08, 09, 10, 11, 12, 13, 14, 15." Motion carried 3-1. Ayes: Councilmembers Rexford and Emery and Mayor Cafagna. Noes: Council member Goldby. Absent: Deputy Mayor Higginson. 8157 Page 6 - CITY OF POW A Y - July 20, 2004 STAFF REPORTS ITEM 8 (0200-25) HILLSIDE/RIDGELlNE MINOR DEVELOPMENT REVIEW APPLICATION 04-41 APPL ICANT' BOR RALJFR Staff report by Assistant City Manager Riley. This is a request to permit the addition of 1,065 square feet of living area and convert 477.5 square feet into a guesthouse area, at an existing 3,099-square-foot 2-story, single-family residence located at 17058 Iron Mountain Drive. APN: 322-041-32 (continued from July 6,2004). The following person was present wishing to speak. Bob Bauer, 3729 30th Street, San Diego, was available to respond to questions and expressed opposition to Condition 3, as it would require the installation of a one-inch meter as the property is being serviced by well water. Motion by Mayor Cafagna, seconded by Councilmember Rexford to adopt Planning Resolution No. P-04-51, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Minor Development Review Application (MDRA) 04-41. Assessor's Parcel Number 322-041-32" with Condition F.4 amended to read as follows: "A residential fire sprinkler system will be required. Plans shall be presented to the Fire Prevention Bureau for approval prior to installation." Motion carried 4-0, Deputy Mayor Higginson absent. ITEM 9 (0220-60) INITIATION OF SPECIFIC PLAN AMENDMENT SPA 84-01-PPP SOUTH POWAY SPECIFIC PLAN LAND USE DESIGNATION CHANGES APPLICANT: RIDGEVIEW INVESTORS. LLC Staff report presented by Assistant City Manager Riley. This is a request to amend the land use designation on four parcels totaling 13.36 acres located on the south side of Scripps Poway Parkway, east of Stowe Drive and west of Gateway Place, in the South Poway Business Park. The subject property is located adjacent and west ofthe 7.51 acre parcel discussed in SPA 84-01000 on tonight's agenda. The owner of the 7.51-acre parcel is in the process of purchasing the four parcels that are the subject of this amendment request. The proposed amendment would change the land use designation of the parcels from Light Industrial/Storage to Industrial Park to allow a broader degree of office type uses, such as a corporate headquarters. 8158 Page 7 - CITY OF POW A Y - July 20, 2004 Motion by Council member Emery, seconded by Council member Rexford to adopt Resolution No. 04-061, entitled: "A Resolution of the City Council of the City of Poway, California, Initiating a Specific Plan Amendment (SPA 84-01 PPP) to the South Poway Specific Plan to Change the Land Use Designation on Four Parcels Totaling 13.36 acres and Located on the South Side of Kirkham Way, east of Stowe Drive, from Light Industrial/Storage to Industrial Park. APN 323-500-07, 08, 09,and 17." Motion carried 4-0, Deputy Mayor Higginson absent. ITEM 10 (0220-60) INITIATION OF SPECIFIC PLAN AMENDMENT (SPA 84-01 RRR) SOUTH POWAY PARK SPECIFIC PLAN AMENDING LAND USE MATRIX APPLICANT: CITY OF POWAY Staff report presented by Assistant City Manager Riley. This is a request to correct the Industrial Park and Light Industrial Use Matrix by adding a use category that was inadvertently deleted during the comprehensive update of the Specific Plan in December 2002. Motion by Councilmember Goldby, seconded by Councilmember Emery to adopt Resolution No. 04-062, entitled: "A Resolution of the City Council of the City of Poway, California, Initiating a Specific Plan Amendment (SPA 84-01RRR) to the South Poway Specific Plan Amending the Industrial Park and Light Industrial Use Matrix." Motion carried 4-0, Deputy Mayor Higginson absent. ITEM 11 (0220-60) INITIATION OF SPECIFIC PLAN AMENDMENT SPA 84-01000 SOUTH POWAY PARK SPECIFIC PLAN LAND USE DESIGNATION CHANGES APPLICANT: SLOUGH ESTATES, USA, INC. Staff report by Assistant City Manager Riley. This is a request to amend the land use designation on an approximately 7.5-acre vacant parcel located on the south side of Kirkham Way, west of Gateway Place, in the South Poway Business Park. The proposed amendment would change the land use designation of the parcel from Light Industrial/Storage to Industrial Park to allow a broader degree of office type uses, such as a corporate headquarters. No definitive user has been identified at this time. Motion by Councilmember Goldby, seconded by Council member Rexford to adopt Resolution No. 04-063, entitled: "A Resolution of the City Council of the City of Poway, California, Initiating a Specific Plan Amendment (SPA 84-01000), to the South poway Specific Plan to Change the Land Use Designation on an Approximately 7.5-acre Parcel Located on the south side of Kirkham Way, west of Gateway Place, from Light Industrial/Storage to Industrial Park. APN: 323-500-16." Motion carried 4-0, Deputy Mayor Higginson absent. 8159 Page 8 - CITY OF POW A Y - July 20, 2004 CITY MANAGER ITEMS 22. State Budget Update. Assistant City Manager Riley said staff continues to monitor budget talks and follows up with phone calls and letters. (0150-50) CITY ATTORNEY ITEMS Special Counsel Eckis requested a Closed Session be held to consider the following: A. Conference with Real Property Negotiator Government Code 954956.8 Property: 13422 Community Road, APN 317-101-26 Negotiating Parties: James L. Bowersox on behalf of the Poway Redevelopment Agency, Buyer Nunn, Pagnini, Jeffries, Sellers Under Negotiation: Price and Terms of Purchase B. Conference with Real Property Negotiator Government Code 954956.8 Property: 14530 Twin Peaks Road, APN 321-190-28 Negotiating Parties: James L. Bowersox on behalf of the poway Redevelopment Agency, Buyer Thomas Chen Trust, Sellers Under Negotiation: Price and Terms of Purchase C. Conference with Real Property Negotiator Government Code 954956.8 Property: 12920 Metate Lane, APN 317-350-30 Negotiating Parties: James L. Bowersox on behalf of the Poway Redevelopment Agency, Buyer Claude and William Harkleroad, Sellers Under Negotiation: Price and Terms of Purchase D. Conference with Real Property Negotiator Government Code 954956.8 Property: 13033 Poway Road, APN: 317-472-18 Negotiating Parties: James L. Bowersox on behalf of Poway Redevelopment Agency, Buyer Chris Lafornara, Seller Under Negotiation: Price and Terms of Purchase MAYOR AND CITY COUNCIL.INITIATED ITEMS 24. Council member Emery requested staff determine why illegal parking is occurring along Ted Williams Parkway near the childcare center at Twin Peaks Road; and, if parking is sufficient at child care center. 8160 Page 9 - CITY OF POW A Y - July 20, 2004 Councilmember Emery questioned the City policy concerning tree removal, specifically concerning a large oak tree within a mobile home park on Pomerado Road. 25. Councilmember Rexford expressed concern regarding tree removal in the center divider along Pomerado Road. 26. Council member Goldby congratulated staff on a successful Skate Park Safety Day. 28A. Mayor Cafagna did not provide a Regional Govemance update. (0150-20) 28B. Council concurred with the Mayor's appointment of Jeff Figler to the Performing Arts Advisory Council. (0120-50) 28C. Council concurred with the Mayor's recommendation to hold a Pre-Development Conference (PDC 04-05) on August 3,2004, for the proposed fa9ade change for North County Industrial Medical Clinic located at 12509 Poway Road. APN: 317- 540-67. (0200-30) CLOSED SESSION Mayor Cafagna called for Closed Session at 8:10 p.m. as requested by Special Counsel Eckis (Items 23 A, B, C, & D). Councilmember Goldby abstained from all discussions concerning Item 23C. as he resides within 500 feet of the subject property. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 8:50 p.m. with all members present, except Deputy Mayor Higginson, and adjourned the meeting at 8:50 p.m. upon motion by Council member Goldby, seconded by Councilmember Rexford. Motion carried. Deputy Mayor Higginson absent. e Bunch, Interim City Clerk f Poway 8161