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CC 2005 09-06 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEMBER 6, 2005 The September 6, 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, and Mickey Cafagna COUNCILMEMBERS ABSENT Betty Rexford STAFF MEMBERS PRESENT James L. Bowersox Penny Riley Lisa Foster Diane Shea Robert Clark Niall Fritz Jim Howell Deborah Johnson Mark Sanchez Charlie Campe Kristen Crane Paolo Romero PLEDGE OF ALLEGIANCE City Manager Assistant City Manager Deputy City Attorney City Clerk Director of Community Services Director of Development Services Director of Public Works Director of Redevelopment Services Director of Safety Services Sheriffs Captain Assistant to the City Manager Management Assistant Deputy Mayor Emery led the flag salute. PRESENTATIONS 1. Mayor Cafagna presented the Certificate of Commendation to Anurag Kashyap - 2005 Scripps National Spelling Bee Champion and extended congratulations from the City Council and the City of Poway. (071G-40) CITY COUNCILMEMBER ANNOUNCEMENTS Deputy Mayor Emery gave a review of the Izumi Restaurant. Councilmember Boyack supported coordinating a Poway support system to assist Hurricane Katrina victims being brought to the San Diego region. 8477 Page 2- CITY OF POWAY - September 6,2005 PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedures for Public Oral Communications. The following person spoke: Robroy Fawcett, Katella Way, Escondido, spoke on his concerns of Palomar Pomerado Health District's expansion plan. CONSENT CALENDAR Items 7 through 10.3. Motion by Deputy Mayor Emery, seconded by Council member Boyack, to approve the Consent Calendar as submitted. 7. Ratification of Warrant Reoister for the period of August 8 through August 12, 2005. (0475-20) 8. Approval of Minutes - City Council August 16, 2005 Regular Meeting August 23, 2005 Canceled Regular Meeting 10. Approval of City's Investment Report as of July 31, 2005. (0450-80) 10.1 Approval of $50,000 Fundino Contribution to the American Red Cross Hurricane 2005 Relief Fund. (0320-30) 10.2 Acceptance of the structural steel portion ofthe City Office Buildino Proiect #1539 from Artimex Iron Company, Inc. (1601-01) 10.3 Acceptance of the telecommunications cablinQ proiect of the City Office Buildino Proiectfrom Prime Electrical Services. (1601-01) Motion carried 4-0 with Council member Rexford absent. PUBLIC HEARING ITEM 2 (0210-30) CONDITIONAL USE PERMIT (CUP) 90-13M(4) DEVELOPMENT REVIEW (DR) 05-08 SUNROAD ENTERPRISES, APPLICANT 17750 OLD COACH ROAD APN: 277-170-06 Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report. The applicant is requesting a modification to the existing Maderas Golf Club Conditional Use Permit to allow for the continued use of existing temporary structures at the site and is also requesting approval of DR 05-08 for construction of a permanent building that will replace the temporary structures. 8478 Page 3- CITY OF POWAY - September 6,2005 The temporary structures are two trailers that are used for storage, sales, and golf instruction offices, and a pavilion (tent) that is used for special events. The applicant has requested approval to keep the structures for one year until the new building construction begins, which is expected by September 2006. Howard Bunfield, Old Coach Drive, Poway, said that he does not oppose the construction of the project, but building permits should be pulled within 3 months and construction should begin shortly thereafter. Lee Olson, President of the Heritage Homeowners Association, Poway, does not object to the construction of the structure, but wants Sunroad to comply with the current commitment to build the project. John Matze, Old Coach Road, Poway, has no objection to the construction of the new structure but is tired of looking at the temporary structures remaining in place. Pete Babich, Grey Stone Road, Poway, is against giving an extension of time unless they live up to the mitigation measures relating to the affordable housing requirement. Connie Messina, Old Knoll Road, Poway, is against this project until they complete the mitigation measures of requiring worker housing project. She also read a statement from resident Nick Stavros requesting approvals be delayed until they meet the affordable housing requirement. Uri Feldman, Sunroad Enterprises, Eastgate Mall, San Diego, spoke in support of his project. Motion by Councilmember Higginson and seconded by Council member Boyack to close the public hearing and adopt Planning Resolution No. P-05-59 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 90-13M(4) and Development Review (DR) 05-08 Assessor's Parcel Number 277-170-06", amended to include the requirement that building permits must be obtained by June 1, 2006, and construction must begin by September 30, 2006. If either of these deadlines is not met, the temporary structures on the site will be removed immediately. Motion carried 4-0 with Councilmember Rexford absent. Council member Boyack and Mayor Cafagna both stated on the record that they would not support any further extensions. ITEM 3 (0210-30) CONDITIONAL USE PERMIT (CUP) 05-06 RANDY ROLFSEN, APPLICANT 14034 POWAY RD., SUITES G-J APN: 323-190-74 Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report. The applicant is requesting approval to establish a church, The Life Church, in an 8479 Page 4- CITY OF POWAY - September 6,2005 existing 3,600-square-foot tenant space within a multi-tenant commercial building, located in the Automotive/General Commercial (A1GC) zone, at 14034 Poway Road, Suites G - J, within the Poway Center. The center is located on the north side of Poway Road, east of Ann-O- Reno Lane. No exterior improyements are proposed. In the past, there was a religious use in the center, and that use did not cause conflicts with the tenants in the center. There was no one present wishing to speak. Motion by Councilmember Higginson and seconded by Deputy Mayor Emery to adopt Planning Resolution No. P-05-60 entitled "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 05-06 Assessor's Parcel Number 323- 190-74." Motion carried 4-0, with Councilmember Rexford absent. ITEM 4 (0200-25) ENVIRONMENTAL ASSESSMENT DEVELOPMENT REVIEW APPLICATION (MDRA) 05-29 LOT 47 GREEN VALLEY ESTATES LARRY SMITH/FF&E TRUST, APPLICANT APN: 275-270-35 Mayor Cafagna opened the public hearing. There was no one present wishing to speak. Motion by Deputy Mayor Emery and seconded by Council member Higginson to take public input and continue the public hearing to September 20, 2005. Motion carried 4-0, with Councilmember Rexford absent. ITEM 5 (0780-08/0700-10) ENVIRONMENTAL ASSESSMENT (EA) 05-04 ACQUISITION OF 13914-13950 POWAY ROAD APN: 323-203-20 Mayor/Chair Cafagna opened the public hearing. City Manager/Executive Director Bowersox and Deputy Executive Director Johnson presented the staff report. A part of the "Poway Road to Success Workshops," the automotive/general commercial workshop, focused on the need to remove blight and provide opportunities for development of underutilized land remaining in the auto district. To facilitate this goal, staff requested approval of an Operating Covenant and Construction and Reimbursement Agreement with BSM Properties, LLC (BSM) to develop 13914-13950 Poway Road into an automobile dealership. The maximum amount of $200,000 is proposed for infrastructure improvements that are required as part of the Development Review process which would be paid on a reimbursement basis. Staff also negotiated with BSM to acquire a 25' x 330' strip of land and associated easements for $172,600. This acquisition would provide access to an affordable ownership site off Poway Road onto Evanston Road. The current access point, Otis Post Way, would be abandoned and the 40-foot Poway Road frontage would be used for additional display of new vehicles. 8480 Page 5- CITY OF POWAY - September 6,2005 Michael Beckett, Ann-O-Reno Lane, Poway, questioned the project and voiced concerns about negative impacts to the neighbors including noise, privacy and access issues. Motion by Deputy MayorNice Chair Emery and seconded by Councilmember/Director Boyack to close the public hearing, approve the Negative Declaration, adopt Planning Resolution No. P-05-61 entitled "A Resolution of the City Council of the City of Poway, California, Approving EnYironmental Assessment 05-04, Acquisition of a Portion of 13914-13950 Poway Road and City Acquisition of an Easement Across a Portion of Said Property Assessor's Parcel Number 323-203-20" and approve the purchase of land and authorize the expenditure of $712,600 from 5986A; approve the Construction and Reimbursement Agreement and authorize the expenditure of $200,000 from Redevelopment Funds; authorize reimbursement of actual costs for Type I and Type II Improvements from the Low and Moderate Housing Fund; approve a Five-Year Operating Covenant; and authorize the City Manager/Executive Director or his designee to execute the documents necessary to complete this transaction. Motion carried 4-0, with CouncilmemberlDirector Rexford absent. STAFF REPORTS ITEM 6 (0200-30) PRE-DEVELOPMENT CONFERENCE (PDC 05-02) LAND USE DESIGNATION CHANGE TED TCHANG, TECH BUSINESS CENTER, LLC, APPLICANT APN: 320-220-16 City Manager Bowersox and Director of Development Services Niall Fritz presented background information. The applicant is requesting comment from the City Council on 1) a request for a South Poway Specific Plan Land Use Designation change on a specific property from Light Industrial (L1) to Light Industrial Outdoor Storage (L1/S); and 2) a request to modify the Land Use Matrix relating to the maximum allowable gross floor area for Light Wholesale, Storage and Distribution uses in the Industrial Park zone. The City Council received the information, provided comment, but no action was taken. CITY MANAGER ITEMS 11. City Manager Bowersox announced the birth of Chelsea Danielle Johnson born to Community Services Senior Management Analyst Jennifer Johnson and husband Patrick Johnson, on September 2, 2005 and offered congratulations to the family. MAYOR AND CITY COUNCil-INITIATED ITEMS 16A. Deputy Mayor Emery gave his restaurant review under City Councilmember Announcements at the beginning of the meeting. 8481 Page 6- CITY OF POWAY - September 6,2005 17 A. Mayor Cafagna gave a presentation regarding Indicators of Sustainable Competitiveness for the San Diego Region. ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:27 p.m. ~~C~'k City of Poway, California 8482