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CC 2006 01-10 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JANUARY 10, 2006 The January 10, 2006, 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 City Council Chambers, 13325 Civic Center Drive, Poway, California, for a Regular City Council Meeting. COUNCILMEMBERS PRESENT Merrilee Boyack, Bob Emery, Don Higginson, and Mickey Cafagna COUNCILMEMBERS ABSENT Betty Rexford STAFF MEMBERS PRESENT Rod Gould Penny Riley Tamara Smith Diane Shea Robert Clark Jim Howell Warren Shafer Deborah Johnson Mark Sanchez Niall Fritz Kristen Crane Paolo Romero PLEDGE OF ALLEGIANCE City Manager Assistant City Manager City Attorney City Clerk Director of Community Services Director of Public Works Acting Director of Administrative Services Director of Redeyelopment Services Director of Safety Services Director of Development Services Assistant to the City Manager Management Assistant Councilmember Higginson led the pledge of allegiance. CITY COUNCIL ANNOUNCEMENTS A. Poway Bob's Restaurant Review. Councilmember Emery reyiewed the City Dragon Restaurant noting its excellent food and brisk takeout service. B. Mayor Cafagna announced Poway's First Baby born in 2006 is Marco Cruz Najera born on January 3, 2006 at 11 :35 p.m., weighing 11 pounds, 6 ounces, to Alex and Emily Najera. The Mayor presented the family with City of Poway gifts and a letter of congratulations. C. Mayor Cafagna announced that long-time City of Poway City Attorney Steve Eckis is retiring. He presented Mr. Eckis with a plaque of appreciation for his 21 years of service as City Attorney for the City of Poway, and acknowledged his ongoing assistance as Special Counsel. 8560 Page 2- CITY OF POWAY - January 10, 2006 D. Each member of the City Council welcomed new City Manager Rod Gould. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedures for Public Oral Communications. The following people spoke: George Lam, Poway, asked the City Council why certain activities have been eliminated at the Senior Center. The Council referred the item to staff. Connie Messina, Poway, noted a recent newspaper article about local shopping centers and the plight of Mom and Pop stores. She hoped that the City would help find solutions to these problems. CONTINUED PUBLIC HEARINGS ITEM 1 (0210-30) ENVIRONMENTAL ASSESSMENT CONDITIONAL USE PERMIT 05-05 DEVELOPMENT REVIEW 05-07 OCEAN PARK HOTELS, APPLICANT SCRIPPS POWAY PARKWAY/STOWE DRIVE APN: 323-481-08 Staff requested this item be continued to January 17, 2006, so that the Disposition and Development Agreement, which is being finalized, can be considered concurrently with the project's deyelopment entitlements. There was no one present from the public wishing to speak on this item. Motion by Council member Boyack and seconded by Council member Emery to continue the public hearing to the City Council Meeting of January 17, 2006. Motion carried 4-0 with Deputy Mayor Rexford absent. PUBLIC HEARINGS ITEM 2 (0490-15) ORDINANCE NO. 631 -FIRST READING AMENDING DEVELOPMENT SERVICES DEPT. BUILDING DIVISION FEE SCHEDULE Staff requested that this item be remoyed from the City Council agenda to allow for additional review. Motion by Councilmember Higginson and seconded by Councilmember Boyack to remove the item from the agenda. Motion carried 4-0 with Deputy Mayor Rexford absent. 8561 Page 3 - CITY OF POWAY - January 10, 2006 ITEM 3 (0220-60/#632) ORDINANCE NO. 632 - FIRST READING SPECIFIC PLAN AMENDMENT (SPA) 84-01 UUU CHANGE LAND USE DESIGNATION POMERADO PROPERTIES L.P., APPLICANT UNADDRESSED PROPERTY ON KIRKHAM WAY APN: 320-220-16 Mayor Cafagna opened the public hearing. Director of Deyelopment Services Niall Fritz presented the staff report. This is a request to change the South poway Specific Plan Land Use Designation of a 2.8-acre property from light Industrial (L1) to Light Industrial/Outdoor Storage (L1/S). The site is located on the south side of Kirkham Way approximately 200 feet east of Tech Center Court. The City's Municipal Code requires that Specific Plan Amendments be initiated by the City Council by resolution. The subject application was initiated by City Council Resolution on December 20, 2005. At the meeting, no concerns were expressed. The proposal is consistent with the policy that L1/S uses be located on the perimeter of the park and is adjacent to similar types of uses. Dee Fleischman, Poway, urged Council to pay attention to the visual impacts of projects, especially those on the edges of town. Motion by Council member Emery and seconded by Council member Boyack to waive further reading, introduce the ordinance on first reading, and continue the public hearing to January 24, 2006 for second reading and adoption of the ordinance. Motion carried 4-0 with Deputy Mayor Rexford absent. ITEM 4 (0220-60/#633) ORDINANCE NO. 633 - FIRST READING SPECIFIC PLAN AMENDMENT (SPA) 84-01VVV CHANGE LAND USE DESIGNATION TED BAUER, APPLICANT 13750 DANIELSON STREET APN: 317-810-18 Mayor Cafagna opened the public hearing. Director of Deyelopment Services Niall Fritz presented the staff report. This request is to amend the Land Use Designation on a 0.86-acre property located at 13750 Danielson Street from Light Industrial to Industrial Park to allow a broader degree of office type uses. The 0.86-acre site is located on the north side of Danielson Street between Blaisdell Place and Crosthwaite Circle. The site is developed with an approximately 14,000-square-foot building. The applicant has indicated that he will be purchasing the property to establish his insurance company offices at the site. Dee Fleischman, Poway, indicated her comments on item 3 also pertain to this item. City Council should pay attention to yisual impacts of projects especially those on the edges of town. 8562 Page 4 - CITY OF POWAY-January 10, 2006 Motion by Councilmember Emery and seconded by Councilmember Higginson to waive further reading, introduce the ordinance on first reading, and continue the public hearing to January 24,2006 for second reading and adoption of the ordinance. Motion carried 4-0 with Deputy Mayor Rexford absent. ITEM 5 (0210-70) VARIANCE (VAR) 05-08 MINOR DEVELOPMENT REVIEW (MDRA) 05-26 DENNIS AND KAREN KEENA, APPLICANTS AUBREY STREET & YORK AVENUE APN: 314-181-76 Mayor Cafagna opened the public hearing. Director of Deyelopment Services Niall Fritz presented the staff report. This is a request to approve a Variance and Minor Development Review Application to allow the construction of a 2,172 square-foot, two-story, single-family residence, with an attached 655-square foot garage, within the Rural Residential C (RR-C) zone. The applicant is requesting a Variance to permit the garage and residence to encroach into the front; rear and side yard setbacks because the 0.195-acre lot does not meet the minimum 1-acre lot size of the RR-C zone. This physical constraint severely limits the development potential of the site. The project site is a vacant 0.195-acre parcel located at the northwest corner of Aubrey Street and York Ayenue. There was no one present wishing to speak on this issue. Motion by Council member Boyack and seconded by Councilmember Higginson to close the public hearing and adopt Planning Resolution No. P-06-01 entitled "A Resolution of the City Council of the City of Poway, California, ApproYing Variance 05-08 and Minor Deyelopment Reyiew Application 05-26, Assessor's Parcel Number 314-181-76." Motion carried 4-0 with Deputy Mayor Rexford absent. ITEM 6 (0210-30) VARIANCE (VAR) 05-14 RABBI GOLDSTEIN, CHABAD OF POWAY, APPLICANT 16934 CHABAD WAY APN: 273-820-15 Mayor Cafagna opened the public hearing. Director of Deyelopment Services Niall Fritz presented the staff report This is a request to approve a Variance to reduce the front yard setback of40 feet to 10.5 feet from the property line along Espola Road to permit a proposed trellis patio cover and an existing playground shade structure to encroach into this setback. The Chabad of Poway is located within the Rural Residential C (RR-C) zone at 16934 Chabad Way. Rabbi Goldstein, applicant, spoke in fayor of this yariance. 8563 Page 5 - CITY OF POW A Y - January 10, 2006 Jim Murray, Poway, stated that there are serious parking problems at this location and asked for the City Council's help. The Council gave direction to staff to ensure enforcement of parking regulations. Motion by Council member Higginson and seconded by Mayor Cafagna to close the public hearing, and adopt Planning Resolution No. P-06-02 entitled "A Resolution of the City Council of the City of Poway, California, Approying Variance 05-14, Assessor's Parcel Number 273- 820-15." Motion carried 4-0 with Deputy Mayor Rexford absent. CONSENT CALENDAR Motion by Council member Higginson and seconded by Council member Emery to approve the Consent Calendar, Items 7 through 17. 7. Ratification of Warrant Reqister for the periods of Noyember 28 through December 2, 2005 and December 5 through December 9,2005. (0475-20) 8. Approval of Minutes - City Council December 6, 2005 Regular Meeting December 13, 2005 Regular Meeting 11. Approval of Investment Report as of November 30, 2005. (0450-80) 13. Adoption of Resolution No. 06-001, entitled: "A Resolution of the City Council of the City of Poway, California, Designating Voting Delegate and Alternates to the California Joint Powers Insurance Authority (CJPIA) and Rescinding Resolution No. 05-078." (0140-15) 14. Acceptance of the Civic Center Driye Street LiQht Upqrade (#5295) from HMS Construction, Inc. (0700-10) 15. Approval of the Appropriation of $10,000 for the Deyelopment and Production of the Blue Sky Ecological Reserve Video. (0490-85) 16. Acceptance of Summarv of 2005 Leqislative Session report. (0740-55) 17. Acceptance of the Iron Mountain Parkinq Lot Easement Acquisition from Poway Iron Mountain Estates, LLC. An Irrevocable Offer of Dedication and Agreement of Public Parking Lot Easement. APN: 322-011-06 (0780-50) Motion to approve the Consent Calendar carried 4-0 with Deputy Mayor Rexford absent. 8564 Page 6 - CITY OF POWAY - January 10, 2006 CITY MANAGER ITEMS 18. City Manager Gould introduced Frank Casteleneto, City of Poway's new City Engineer and welcomed Frank to the City. City Manager Gould reported on the Goyernor's Proposed 2006-07 Budget. CITY ATTORNEY ITEMS 19. City Attorney Smith welcomed City Manager Gould. She also reported on recent legislation, AB1234, which addresses expense reimbursement of local officials as well as mandated ethics training. This issue will be placed on an agenda for a future meeting. MAYOR AND CITY COUNCIL-INITIATED ITEMS 20. Councilmember Boyack commended the Sheriffs Senior Volunteers for their many hours of work and contributions to the City. 21. Councilmember Emery reported on his meeting in Sacramento, which came out of a Mayor/City Council member Forum last year, regarding the loss of personnel in local government. 24. Mayor Cafagna reported on his meetings, as the Chairman of SANDAG, with Assembly and Senate delegates on proposed infrastructure bond and the projects the San Diego region has ready to go for matching funds. 24A. Council concurrence for the reappointment of Mayor Cafagna as a member to SANDAG. Motion by Councilmember Emery and seconded by Councilmember Higginson to reappoint Mayor Cafagna as a member to SANDAG. Motion carried 3-0 with Mayor Cafagna disqualified and Deputy Mayor Rexford absent. 24B. Council concurrence for the reappointment of Councilmember Emery as an alternate to SANDAG. Motion by Councilmember Higginson and seconded by Councilmember Boyack to reappoint Council member Emery as the alternate member to SANDAG. Motion carried 3-0 with Council member Emery disqualified and Deputy Mayor Rexford absent. 24C. Council concurrence for the reappointment of Councilmember Higginson as an alternate to SANDAG. Motion by Mayor Cafagna and seconded by Council member Emery to reappoint Councilmember Higginson as the alternate member to SANDAG. Motion carried 3-0 with Council member Higginson disqualified and Deputy Mayor Rexford absent. 24D. Council concurrence for the reappointment of Councilmember Emery as member to the MTS Board. Motion by Mayor Cafagna and seconded by Councilmember Higginson to reappoint Councilmember Emery as a member to the MTS Board. Motion carried 3-0 with Councilmember Emery disqualified and Deputy Mayor Rexford absent. 8565 Page 7 - CITY OF POWAY - January 10, 2006 24E. Council concurrence for the reappointment of Mayor Cafagna as an alternate to the MTS Board. Motion by Councilmember Emery and seconded by Councilmember Boyack to reappoint Mayor Cafagna as an alternate member to the MTS Board. Motion carried 3-0 with Mayor Cafagna disqualified and Deputy Mayor Rexford absent. (0140-10) 24F. Honorary naming for the City Office Building. Mayor Cafagna introduced this item stating his recommendation to name the building, the "James L. Bowersox City Office Building" in recognition of his contributions to Poway over his 25 years of leadership as City Manager. Connie Messina, chair of the South Poway Residents Association, said the City needs a policy in place for naming City buildings and to obtain input from the residents. She asked Council to delay the naming of the building until they haye such a process in place. Dee Fleischman, Poway, said this item was not listed on the website and City should include a notice that items added after the agenda is posted 10 days prior to the meeting may not reflected on the website. She asked that the naming of a City building be brought back at a future meeting with the full Council with the policy for naming buildings in a staff report. Kay Rickles, Poway, feels this action is premature. Motion by Councilmember Emery and seconded by Council member Higginson to name the City Office Building in honor of James L. Bowersox, the City's former City Manager for 25 years. Motion carried 4-0 with Deputy Mayor Rexford absent. ADJOURNMENT Mayor Cafagna adjourned the meeting in recognition of City Manager Jim Bowersox at 8:00 p.m. x.~~~ L. Diane Shea, City Clerk City of Poway, California 8566