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CC 2006 03-21 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MARCH 21, 2006 The March 21, 2006, Regular Meeting of the City Council of the City of Poway, was called to order at 7:04 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, Betty Rexford, and Mickey Cafagna COUNCILMEMBERS ABSENT None STAFF MEMBERS PRESENT Rod Gould Penny Riley Lisa A. Smith Diane Shea Niall Fritz Scott Edwards Jim Howell Tina White Mark Sanchez Charlie Campe Kristen Crane Paolo Romero PLEDGE OF ALLEGIANCE City Manager Assistant City Manager Interim City Attorney City Clerk Director of Development Services Redevelopment Services Economic Development Manager Director of Public Works Director of Administrative Services Director of Safety Services Sheriff's Captain Assistant to the City Manager Management Assistant Deputy Mayor Rexford led the pledge of allegiance. STATE OF THE CITY ADDRESS Presentation by Mayor Cafagna of the "Annual State of the City Address." Mayor Cafagna presented the Annual State of the City Address. (0710-05) CITY COUNCILMEMBER ANNOUNCEMENTS A. Poway Bob's Restaurant Review. Councilmember Emery reviewed Der Wienerschnitzel noting their fine hot dogs. B. Councilmember Boyack stated she attended the groundbreaking of Pomerado Hospital expansion and feels it will be an excellent addition to the community. C. Deputy Mayor Rexford attended the Hamburger Factory's unveiling of a stained glass piece depicting a train/western town setting. The piece was dedicated to the volunteers of the Poway-Midland Railroad Volunteers. 8604 Page 2 - CITY OF POWAY - March 21, 2006 PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedures for Public Oral Communications. There was no one present wishing to speak. CONSENT CALENDAR: Mayor Cafagna suggested that Items 5, 7 and 8 be added to the Consent Calendar. Motion by Deputy Mayor Rexford and seconded by Council member Emery to approve the Consent Calendar consisting of Items 5, 7 through 10, and 12 through 17. Motion carried 5-0. As to Item 18, Council member Boyack disqualified herself stating a conflict of interest. Motion by Councilmember Emery and seconded by Deputy Mayor Rexford to approve Item 18 on the Consent Calendar. Motion carried 4-0 with Councilmember Boyack disqualified. 9. Ratification of Warrant Reaisters for the periods of February 13-17 and February 20- 24,2006. (0475-20) 10. Approval of Minutes - City Council February 21, 2006 Regular Meeting February 28, 2006 Canceled Regular Meeting March 2, 2006 Canceled Adjourned Regular Meeting 12. Adoption of Resolution No. 06-019, entitled: "A Resolution of the City Council of the City of Poway, California, Commending Eaale Scout Thomas Michael Heastad." (0710-40) 13. Acceptance of the 2004-2006 Citywide Stripina Improvements Project #407-4330 (Bid No. 05-017) from C-18, Inc. (0700-10) 14. Adoption of Resolution No. 06-020, entitled: "A Resolution of the City Council of the City of Poway, California, Authorizing the Submittal of a Funding Application to the County of San Dieao Communitv Enhancement Proaram for the Kumeyaay-Ipai Interpretive Center at Pauwai. (0490-51) 15. Reiection of Claim for Damages (1) - Todd Stepien. (0190-10) 16. Acceptance of Task 10 of the Demolition of Residential and Other Miscellaneous Structures and Hazardous Materials Abatement As-Needed Services Project from Clauss Construction. (0700-10) 17. Adoption of Resolution No. 06-021 entitled: "A Resolution of the City Council of the City of Poway, California, Authorizing the Destruction of Certain Documents in Administrative Services, City Clerk's Office, City Manager's Office, Community Services, Development Services, Public Works, and Redevelopment Departments and Rescinding Resolution No. 06-009." (0170-20) 8605 Page 3 - CITY OF POW A Y - March 21, 2006 18. Adoption of Resolution No. P-06-16, entitled: "A Resolution of the City Council of the City of Poway, California Rescinding Resolution Nos. P-84-44 and P-95-06 and Approving a Modification to Comprehensive Sion Prooram 85-01 M(2) Assessor's Parcel Numbers 317-490-78, 79, 80, 81,82 and 83." The project is located at 12622- 12666 Poway Road within the Community Business zone and Poway Road Specific Plan Area. Ultrasigns Electrical Advertising, Applicant. (0280-20) PUBLIC HEARINGS: ITEM 1 (0220-60 #635) SPECIFIC PLAN AMENDMENT (SPA 84-01 XXX) LAND USE DESIGNATION CHANGE 12650 BROOKPRINTER PLACE PACIFIC PRIDE HOLDINGS LLC, APPLICANT APN: 317-224-16 Mayor Cafagna read the title of the ordinance and opened the public hearing. Niall Fritz, Director of Development Services, presented the staff report. This involves a request to change the South Poway Specific Plan (SPSP) Land Use Designation of an approximately 1.5-acre developed property from Light Industrial (L1) to Light Industrial/Outdoor Storage (L1/S). The site is developed with an approximate 18,000-square-foot building and is located at 12650 Brookprinter Place. This application was initiated by City Council Resolution on February 21,2006. At that meeting no concerns were expressed. The proposal is consistent with the policy that L1/S uses be located on the perimeter of the Business Park. There was no one present wishing to speak. Motion by Councilmember Emery and seconded by Deputy Mayor Rexford to introduce Ordinance No. 635 entitled, "An Ordinance of the City of Poway, California, Approving Specific Plan Amendment (SPA 84-01 XXX) to the South Poway Specific Plan to Change the Land Use Designation on 1.5 Acres of Property Located at 12650 Brookprinter Place from Light Industrial to Light Industrial/Outdoor Storage APN: 317-224-16" and to continue the public hearing to April 4, 2006 for second reading and adoption of the ordinance. Motion carried 5-0. ITEM 2 (0210-70) VARIANCE 05-20 AND MINOR DEVELOPMENT REVIEW APPLICATION 05-73 MARK AND TINA KUHLMANN, APPLICANTS SOUTHERLY TERMINUS GOLDEN SUNSET COURT APN: 321-220-08 Council member Emery disqualified himself on this item due to a conflict of interest, and left the Council Chambers. Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development Services, presented the staff report. 8606 Page 4 - CITY OF POW A Y - March 21, 2006 The applicants have requested approval of Variance (VAR) 05-20 and Minor Development Review Application (MDRA) 05-73 to allow the construction of a 5,405-square-foot, two-story residence with an attached 420-square-foot guesthouse, and an attached 865-square-foot garage on Parcel 1 of Parcel Map 10313, located at the southerly terminus of Golden Sunset Court. Variance 05-20 would allow the residence to encroach up to 40 feet into the required 40-foot front yard setback to avoid a 60-foot-unused, unimproved road easement that bisects the lot, and a large drainage swale that occupies the southerly half of the lot. There was no one present 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-06-14 entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 05-20 and Minor Development Review Application 05-73, Assessor's Parcel Number 321-220-08." Motion carried 4-0 with Council member Emery disqualified. ITEM 3 (0210-30) CONDITIONAL USE PERMIT (CUP) 96-18M(3) DEVELOPMENT REVIEW (DR) 96-23R(3) ZIP AND LISA LUCIDI, APPLICANT APNs: 322-011-08 AND 09 Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development Services, presented the staff report. The applicant is requesting approval of project revisions for Lucidi Farms. Lucidi Farms is a previously approved, two-phase, horse boarding and training facility at the northwest corner of the Poway Road/Highway 67 intersection, in the Rural Residential A zone. Phase 1 of the project is nearly complete. Proposed revisions to the project are a request for: 1) removal of the Phase 2 component of the project, along with associated improvement requirements, from the CUPIDR; 2) addition of a new horse riding course on Phase 1 site; and 3) the addition of an approximate 26,000-square-foot cover structure over an existing riding arena on Phase 1 of the project. The following people spoke on this item: Zip Lucidi, Poway, addressed staff's denial of his request to sell hay and feed to customers other than those who board horses at this site. Motion by Council member Emery and seconded by Deputy Mayor Rexford to close the public hearing and adopt Planning Resolution No. P-06-15 entitled, "A Resolution ofthe City Council of the City of Poway, California, Approving Conditional Use Permit (CUP) 96-18M(3) and Development Review (DR) 96-23R(3), Assessor's Parcel Numbers 322-011-08." Motion carried 5-0. 8607 Page 5 - CITY OF POWAY - March 21,2006 ITEM 4 (0430-40) FISCAL YEAR 2005-06 MID-YEAR EVALUATION FINANCIAL PROGRAM AMENDMENTS Tina White, Administrative Services Director, presented the staff report. Each budget year, all City departments perform a budget review at the mid-point to determine if budget adjustments are required. The staff report summarized the findings ofthat review. The Budget Committee reviewed the report at its most recent meeting. There was no one present wishing to speak on this item. Motion by Deputy Mayor Rexford and seconded by Council member Emery to adopt Resolution No. 06-014 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Midyear Amendments to the City's Financial Program for Fiscal-Year 2005-2006." Motion carried 5-0. ITEM 5 (0210-80) INAPPROPRIATE AREAS FOR SECOND DWELLING UNITS IN SINGLE-FAMILY RESIDENTIAL ZONES This item was moved to the Consent Calendar for approval. This item involves Section 17.08.180 of the Poway Municipal Code, adopted February 13, 1996, that requires annual adoption of a resolution for implementation of this designation that determines which areas of the City have adequate water, sewer, and traffic circulation to allow second dwelling units, and which areas of the City currently do not have adequate services. The resolution before the City Council would retain the areas previously determined by the City to be inappropriate for second dwelling units. There was no one present requesting to speak on this matter. On the Consent Calendar, motion by Deputy Mayor Rexford and seconded by Councilmember Emery to adopt Resolution No. 06-015 entitled, "A Resolution of the City Council of the City of Poway, California Regarding Annual Designation of Areas Inappropriate for Second Dwelling Units in Single-Family Residential Zones and Rescinding Resolution No. 05-015." Motion carried 5-0. ITEM 6 (0650-50) HERITAGE TREES PROPOSED DESIGNATION Director of Public Works, Jim Howell, presented the staff report. On April 4, 2000 the City Council adopted an Urban Forestry Ordinance establishing policies, regulations, and generally accepted standards for planting, trimming and removal of trees. Provisions of the City's Urban Forestry Ordinance, including the establishment of a Tree Committee, qualified the City to receive a designation as a Tree City USA. 8608 Page 6 - CITY OF POW A Y - March 21, 2006 One of the responsibilities of the Tree Committee is to identify Heritage Trees in the City for recommendation to the City Council. The Tree Committee inspected and ranked candidate trees in accordance with established criteria. At their January 12, 2006 meeting, the Tree Committee selected the following trees to recommend for designation as Heritage Trees: Aubrey Oak and Garden Road Park Sycamores. Dee Fleishman, member of the Tree Committee, spoke in favor of the resolution. Motion by Deputy Mayor Rexford and seconded by Council member Emery to adopt Resolution No. 06-016 entitled, "A Resolution of the City Council of the City of Poway, California, Designating Heritage Trees in the City of Poway." Motion carried 5-0. ITEM 7 (740-55) SUPPORT OF BALLOT MEASURE LOCAL TRANSPORTATION FUNDING This item was moved to the Consent Calendar for approval. In summary, in 2002 the California voters passed Proposition 42, a sales tax on gasoline, to provide funding for transportation infrastructure projects. Proposition 42 included a "loophole" which enables the Governor and Legislature to use gasoline sales taxes to help balance the State of California's General Fund budget. A coalition of transportation stakeholders are now working toward constitutional protection of Proposition 42 funds by way of a ballot measure that would permanently dedicate gasoline sales tax revenues to transportation projects. There was no one present requesting to speak on this matter. On the Consent Calendar, motion by Deputy Mayor Rexford and seconded by Council member Emery to adopt Resolution No. 06-017 entitled, "A Resolution of the City Council of the City of Poway, California, in Support of Measure to Secure Local Transportation Funding." Motion carried 5-0. ITEM 8 (0740-55) PENDING LEGISLATION This item was moved to the Consent Calendar for approval. The staff report provided information on several pending legislative bills. On the Consent Calendar, motion by Deputy Mayor Rexford and seconded by Council member Emery to support AB 1558 (Wolk) - FPPC: Financial Interests in Public Contracts; support SB 1542 (Midgen) - Motor Vehicles: Key Information Access; oppose SB 1206 (Kehoe) - Redevelopment; oppose SB 1210 (Torlakson) - Eminent Domain; oppose SCA 20 (McClintock) - Eminent Domain: Condemnation Proceedings; oppose SB 1330 (Dunn) - Housing Developments: Attorney's Fees; and watch AB 773(Mullin) - Redevelopment: Referendum and AB 782 (Mullin) - Redevelopment: Project Areato, and to adopt Resolution No. 06-018 entitled, "A Resolution of the City Council of the City of Poway Supporting the 'Calling for 2-1-1' Act (HR896/S 211 )." Motion carried 5-0. 8609 Page 7 - CITY OF POWAY - March 21,2006 CITY MANAGER ITEMS 19. City Manager Gould announced the promotion of Management Assistant Paolo Romero to Management Analyst in the City Manager's Office. CITY ATTORNEY ITEMS 20. Interim City Attorney Foster requested a closed session for the following: CLOSED SESSION: AUTHORITY: NAME OF CASE: CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Gov. Code 54956.9a Poway Royal Mobile Homeowners Association v. Poway Redevelopment Agency, et al. San Diego Superior Court Case GIC 849802 (Consolidated with GIC 849790) MAYOR AND CITY COUNCIL-INITIATED ITEMS 25A. Mayor Cafagna asked for and received Council concurrence for the reappointment of Deputy Mayor Rexford as alternate to the California Contract Cities. (0140-90) CLOSED SESSION Mayor Cafagna called for a Closed Session at 8:05 p.m. as requested by the City Attorney. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 8:34 p.m., with all Councilmembers present. There was no reportable action taken in Closed Session. ADJOURNMENT Mayor Cafagna adjourned the meeting 8:35 p.m. ~~Cle~ City of Poway, California 8610