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CC 2005 12-06 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING DECEMBER 6, 2005 The December 6, 2005, Regular Meeting of the City Council of the City of Poway, was called to order at 7:01 p.m. by Mayor Cafagna at the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford, and Mickey Cafagna STAFF MEMBERS PRESENT Jim Bowersox Penny Riley Tamara Smith Diane Shea Robert Clark Jim Howell Deborah Johnson Warren Shafer Charlie Campe Niall Fritz Patti Brindle Kristen Crane Paolo Romero City Manager Assistant City Manager City Attorney City Clerk Director of Community Services Director of Public Works Director of Redeyelopment Director of Administrative Services Sheriffs Captain Director of Development Services City Planner Assistant to the City Manager Management Assistant PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the pledge of allegiance. SELECTION OF DEPUTY MAYOR Motion by Deputy Mayor Emery and seconded by Councilmember Higginson to appoint Betty Rexford as Deputy Mayor. Motion carried unanimously. PRESENTATION A. Presentation by the Poway Sister Cities Network regarding their trip to Marijampole, Lithuania, Poway's Sister City. Jeff Figler, Poway, gave a PowerPoint slideshow and then presented the Mayor with the Protocol of Intentions, Memorandum of Understanding and a replica of the Marijampole City seal. B. Presentation of Service Award to Merrilee Boyack, Councilmember (1 year) and Bob Emery, Councilmember (25 years). Mayor Cafagna presented the service awards to Councilmember Boyack and Council member Emery. 8539 Page 2- CITY OF POWAY - December 6,2005 CITY COUNCILMEMBER ANNOUNCEMENTS A. Poway Bob's Restaurant Review. Councilmember Emery gave a review on the La Fontana Restaurant. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedures for Public Oral Communications. The following people spoke: Scott Fischer, Poway High School, presented City Manager Bowersox with a plaque of appreciation for his work in this community and the schools. Tom Farley and Scott Higley, Poway, thanked Mr. Bowersox for his many contributions to this community oyer the years. Joe St. Lucas, Poway, spoke about the amplified noise at Creekside Plaza amphitheatre and asked that it not be allowed. CONSENT CALENDAR: Items 11 through 13.1. Motion by Deputy Mayor Rexford, seconded by Council member Boyack to approve the Consent Calendar as submitted. 11. Approval of the City's Investment Report as of October 31,2005. 12. Approyal of Local Appointments List (Maddy Act). (0450-80) (0740-75) 13. Approval of purchase contract with South Coast Fire Equipment for the acquisition of one fire pumper and one aerial ladder truck in the amount of $1 ,290,304.10. (0480-30) 13.1 Adoption of Resolution No. 05-099, entitled: "A Resolution of the City Council of the City of Poway, California, Confirming City of Escondido to Vote in the Absence ofthe City of Poway Representatiye to the San Diego County Water Authority."(0150-30) Motion carried unanimously. PUBLIC HEARINGS ITEM 1 (0210-80/#629) ORDINANCE NO. 629/FIRST READING AMENDING POWAY MUNICIPAL CODE SEC. 17.37 AMATEUR RADIO ANTENNAS (ZOA 05-04) Mayor Cafagna opened the public hearing. City Manager Bowersox introduced the item and City Planner Patti Brindle presented the staff report. 8540 Page 3- CITY OF POW A Y - December 6, 2005 This ordinance would amend the City's regulations regarding the installation of amateur radio or "ham" antennas. The amendment is in response to a request from representatives of the local ham radio community. Regulations from other cities in San Diego County were researched in preparation of the draft and meetings were held with representatiYes of the local amateur radio community. Currently, antennas are limited to 35 feet in height. The update proposes that antennas up to 50 feet in height could be approved by the City Council with a Minor Conditional Use Permit. The amendment would allow an exception to be granted to height limit, upon demonstration by the applicant that the standard prevents the possibility of receiving a signal of acceptable quality. The updated regulations would create a class of antennas that are now exempt from City review. The following people spoke in favor of the zoning ordinance amendment: Robert Farkaly, Poway Jim Cammarano, Poway Donna Heiser, Poway Gary Kent, Poway Glen Peterson, Poway Charles Ristorcelli, Poway The following people spoke in opposition of the zoning ordinance amendment: Peter Mackauf, Poway Susan Mackauf, poway Joe Balding, Poway John Schmitthenner, Poway Terence Chang, Poway Duane Lilien, Poway Walter Miller, Poway Jack Tripp, Poway Jerry Smith, Poway Arthur Lililen, Poway Jerry Hargarten, Poway Bruce Tarzy, Poway Howard Collins, Poway Motion by Deputy Mayor Rexford and seconded by Council member Boyack to take the matter off calendar and send back to staff for further work. Motion carried unanimously. ITEM 2 (0630-90/#630) ORDINANCE NO. 630/FIRST READING ENACT NEW MUNICIPAL CODE SECTION 9.48 COMMUNITY SERVICES DEPT. FACILITIES RULES & REGULATIONS Mayor Cafagna opened the public hearing. City Manager Bowersox introduced the item. In conjunction with staffs recent update of the rules, regulations and fees associated with use of facilities that fall under the jurisdiction of Community Services Department, Municipal Code Chapter 9.48 was revised to address existing language that focuses on "parks and 8541 Page 4- CITY OF POW A Y - December 6, 2005 recreation" rather than embracing the full scope of cultural facilities and natural resource areas that fall within the realm of the Department's authority. Sections of the Code were also amended to address concerns regarding behaviors and actions of facility users that have been observed in the time following the adoption of Ordinance 494. There was no one present wishing to speak on this issue. Motion by Council member Emery and seconded by Deputy Mayor Rexford to waiye further reading, continue the public hearing to December 20,2005 for second reading and adoption of Ordinance 630. Motion carried unanimously. ITEM 3 (0630-90) COMMUNITY SERVICES DEPARTMENT FACILITY USE AND RULES AND REGULATIONS POLICY FACILITY USE FEE POLICY Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report. The City offers to the public use of various facilities including parks and ecological spaces, the Poway Center for the Performing Arts, the Poway Community Library, Lake Poway, the Community Swim Center, sports fields, and the Community Center. The City Council periodically refines the rules, regulations, laws and fees involyed in providing the facilities. The proposed Facility Use Rules and Regulations Policy and the Facility Use Fee Policy coordinate and update existing policies to ensure that they embrace the entire scope of Community Services Department facilities and functions. There was no one wishing to speak on this item. Motion by Councilmember Boyack and seconded by Mayor Cafagna to close the public hearing, adopt Resolution No. 05-097 entitled "A Resolution of the City Council of the City of Poway, California, Establishing the Community Services Department Facility Use Rules and Regulations Policy for Use of City of Poway Community Services Department Facilities Rescinding Resolutions No. 90-107 and 99-064" and Resolution No. 05-098 entitled "A Resolution of the City Council of the City of Poway, California, Establishing the Community Services Department Facility Use Fee Policy for Use of City of Poway Community Services Department Facilities Rescinding Resolutions No. 93-095, 94-126, 97-042, 98-076, 98-087, 01-064." Motion carried unanimously. ITEM 4 (0210-70) VARIANCE 05-11 MIKE & RACHELLE FARRELL, APPLICANT 15054 ESPOLA ROAD APN: 321-011-40 Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report. 8542 Page 5- CITY OF POW A Y - December 6, 2005 This is a request for a Variance approval to allow overhead utility service to a new residence located within the Residential Single-Family zone, when service to the residence is required to be underground. There was no one present wishing to speak on this item. Motion by Councilmember Higginson and seconded by Councilmember Boyack to close the public hearing and adopt Planning Resolution No. P-05-76 entitled "A Resolution ofthe City of Poway, California, Approving Variance 05-11 Assessor's Parcel Number 321-011-40." Motion carried unanimously. ITEM 5 (0700-10) ENVIRONMENTAL ASSESSMENT (EA) 05-06 DISPOSITION & DEVELOPMENT AGREEMENT ACQUISITION OF PROPERTY 14210 MIDLAND ROAD APN: 314-193-39,40,41 AND 314-182-60 Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report. The Enyironmental Assessment (EA) 05-06, Poway Redeyelopment Agency, Applicant, proposes the appropriation of funds to acquire an approximately 1 O,300-square-foot property with a 1, 738-square-foot building located at 14210 Midland Road, in the Commercial General (CG) zone of the Old Poway Specific Plan area. The project includes funds to acquire the property from John L. & Diana L. Augustine Trust in exchange for property owned by the Paguay Redevelopment Agency and relocation assistance. The Poway Redevelopment Agency is acquiring the property for the purpose of a City parking lot for Old poway Park and Aubrey Park. The Disposition and Deyelopment Agreement and Relocation Agreement are also presented for approval. There was no one present wishing to speak on this item. Motion by Deputy Mayor Rexford and seconded by Council member Boyack to close the public hearing and adopt Planning Resolution No. P-05-77 entitled, "A Resolution of the City of Poway, California, Approving Environmental Assessment 05-06, Acquisition of Property Located at 14210 Midland Road, Assessor's Parcel Number 314-182-60" and to approve the Disposition and Deyelopment Agreement subject to City Attorney review and approval of the lease and indemnity language. Motion carried unanimously. ITEM 6 (0210-30) CONDITIONAL USE PERMIT (CUP) 03-01 REVISION TO DEVELOPMENT REVIEW (DR) 03-03 RODNEY R. MEYERS, APPLICANT SOUTHEAST CORNER MIDLAND RD & AUBREY ST APN: 314-193-39,40,41 AND 42 Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report. 8543 Page 6- CITY OF POW A Y - December 6, 2005 The applicant is requesting modification to a Condition of Approval to extend the permit expiration date by two years for the proposed Midland Animal Clinic. The clinic will be built on the southeast corner of Midland Road and Aubrey Street, located in the Commercial General (CG) zone within the Old Poway Specific Plan area. On January 6, 2004, the City Council approyed the construction of a new yeterinary building on the yacant lot. The current approvals will expire on January 6,2006. The applicant has made significant progress in grading, improvement, building, and landscape plans, but the property owners need more time to complete the transfer of property with the City of Poway. The applicant is requesting that the expiration of the approvals be extended to December 2,2007. There was no one wishing to speak on this item. Motion by Councilmember Higginson and seconded by Deputy Mayor Rexford to close the public hearing and adopt Planning Resolution No. P-05-78 entitled "A Resolution of the City Council of the City of Poway, California, ApproYing Conditional Use Permit 03-01 M and Development Review 03-03R, Assessor's Parcel Numbers 314-193-40, 41 and 42." Motion carried unanimously. ITEM 7 (0700-10) ENVIRONMENTAL ASSESSMENT (EA)/ VARIANCE 05-12 TENTATIVE TRACT MAP 04-03/DEVELOPMENT REVIEW 05-10 CROOK FAMILY TRUST, APPLICANT 13600 BLOCK SOMERSET ROAD APNS: 314-241-15,16 AND 17 Mayor Cafagna opened the public hearing. City Manager Bowersox gave the staff report. The applicant proposes to redevelop the 3.5-acre residential property in the 13600 block of Somerset Road, along the north side of the street, and subdiyide it into 16 residential lots. The project also involves the construction of 9 single-family homes on the vacant subdivided lots and a Variance approval is requested to allow portions of the existing residences and carports to encroach into the required 18-foot front yard and 5-10-foot side yard setbacks. No one present was wishing to speak on this item. Motion by Councilmember Higginson and seconded by Deputy Mayor Rexford to close the public hearing and adopt Planning Resolution No. P-05-79 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Mitigated Negative Declaration and Tentative Tract Map (TIM) 04-03, Development Review 05-10 and Variance 05-12, Assessor's Parcel Numbers 314-241-15,16 and 17." Motion carried unanimously. ITEM 8 (0210-30/0700-10) ENVIRONMENTAL ASSESSMENT (EA) CONDITIONAL USE PERMIT 05-05/DEVELOPMENT REVIEW 05-07 OCEAN PARK HOTELS, APPLICANT SCRIPPS POWAY PARKWAY AND STOWE DRIVE APN: 323-481-08 8544 Page 7- CITY OF POWAY - December 6,2005 Mayor Cafagna opened the public hearing. City Manager Bowersox requested that this item be continued to the City Council meeting of January 10, 2006 so that the Disposition and Development Agreement, which is being finalized, can be considered concurrently with the project's development entitlements. No one was present wishing to speak on this item. Motion by Council member Higginson and seconded by Council member Emery to continue the public hearing to January 10, 2006. Motion carried unanimously. STAFF REPORTS ITEM 9 (0220-40) DRAFT HOUSING ELEMENT City Manager Bowersox presented the staff report. State law requires a City's Housing Element to be updated every five years in order to periodically assess the changing housing needs of the community, and to establish an action plan to address these needs. On August 4, 2005, the City Council conducted a workshop on the Housing Element Update process and on September 29, 2005 staff conducted a community workshOp on the update and obtained input from the community. Staff will incorporate City Council comments received and submit the draft Element to the State Department of Housing and Community Development (HCD). Upon completion of the HCD's reYiew, the Element will be brought back to the City Council for adoption. Maryjo Van Dyke, Poway, thanked staff for listening to her comments and ideas. Council consensus was to proceed with the submittal to the State Housing and Community Development Department for reYiew. ITEM 10 (0200-30) PREDEVELOPMENT CONFERENCE (PDC) 05-03 RICK DENTT, APPLICANT PROPOSED CHANGE IN LAND USE DESIGNATION APN: 317-224-16 The applicant provided information on his proposal for a South Poway Specific Plan (SPSP) Land Use Designation change on a property from Light Industrial (L1) to Light Industrial/Outdoor Storage (L1/S). The City Council provided comments and direction to the applicant. 8545 Page 8- CITY OF POW A Y - December 6, 2005 MAYOR AND CITY COUNCIL-INITIATED ITEMS 19. Councilmember Emery commented on banners in Poway that say "Happy Holidays- Shop RB" and suggested that they be remoyed and more Poway 25t~ Anniyersary banners be placed in other areas in Poway. 20A. Mayor Cafagna requested and received concurrence to hold a Pre-Deyelopment Conference for (PDC) 05-04 for Ted Bauer of Bauer Insurance Services on December 13, 2005, regarding a proposed change in the land use designation from Light Industrial/Storage (L1/S) to Industrial Park (IP) on property located at 13750 Danielson Street. APN: 317-810-18. (0200-30) ADJOURNMENT Mayor Cafagna adjourned the meeting at 10:35 p.m. in memory of Dorothy Slater, mother of Tom Tremble, who passed away on December 3, 2005. d) ~~CI'~ City of Poway, California 8546