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CC 2006 05-02 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MAY 2,2006 The May 2, 2006, Regular Meeting of the City Council of the City of Poway, was called to order at 7:05 p.m. by Deputy Mayor Rexford at the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California, for a Regular City Council Meeting. COUNCILMEMBERS PRESENT Merrilee Boyack, Bob Emery, and Betty Rexford COUNCILMEMBERS ABSENT Don Higginson and Mickey Cafagna STAFF MEMBERS PRESENT Rod Gould Penny Riley Lisa A. Foster Diane Shea Niall Fritz David Narevsky Jim Howell Tina White Mark Sanchez Charlie Campe Kristen Crane Paolo Romero City Manager Assistant City Manager Interim City Attorney City Clerk Director of Development Services Redevelopment Manager Director of Public Works Director of Administrative Services Director of Safety Services Sheriff's Captain Assistant to the City Manager Management Analyst PLEDGE OF ALLEGIANCE Council member Emery led the pledge of allegiance. PRESENTATIONS AND PROCLAMATIONS Deputy Mayor Rexford presented a Proclamation to Mark Sanchez, Director of Safety Services, declaring May 14-20, 2006 as Emergency Medical Services Week. Deputy Mayor Rexford presented checks from the City in support of "Grad Nite" activities to Monica Emanuell, Mt. Carmel High School; Sherry Mercereau, Poway High School; Erika Wilson, Rancho Bernardo High School; and Shannon Rimmered, Westview High School. The representative from Abraxas High School was not present. Deputy Mayor Rexford presented the certificates and badges to the 21 st Graduating Class of Reserve Park Rangers and Reservists: James Belisario, Bernard Burke, Charles Cheatham, Salvatore Crivello, Terri Myll, Loriann Paetz, Robert Paetz, and Tracey Sullivan. 8629 Page 2 - CITY OF POWAY - May 2,2006 CITY COUNCILMEMBER ANNOUNCEMENTS A. Poway Bob's Restaurant Review. Councilmember Emery reviewed Takhrai Restaurant on Scripps Poway Parkway, noting its very good lunch menu. B. Councilmember Boyack complimented staff on the League of California Cities Dinner held at City Hall last week. PUBLIC ORAL COMMUNICATIONS Deputy Mayor Rexford explained the procedures for Public Oral Communications. The following people spoke: Joe St. Lucas, representing Westgate Homeowners Association, complained of the Poway Dodge dealer offloading trucks onto the street and blocking traffic. He suggested they use the vehicle storage lot at the Business Park. Pat Bresee, Poway Senior Center, announced their "Run for the Roses" event on May 16: Steven Lambert, Poway, thanked the City Council for their recognition of his Eagle Scout Commendation. CONSENT CALENDAR: Three (3) members of the public requested to speak on Item 26, the Legislative Report. Motion by Council member Emery and seconded by Council member Boyack to remove Item 26 from the Consent Calendar and hear the item separately. Motion carried 3-0 with Councilmember Higginson and Mayor Cafagna absent. Motion by Council member Emery and seconded by Councilmember Boyack to approve the Consent Calendar items 7 through 25 as submitted. Motion carried 3-0 with Council member Higginson and Mayor Cafagna absent. 7. Ratification of Warrant Reoisters for the periods of March 13 - 17, March 20 - 24, March 27 - 31, and April 3 - 7,2006. (0475-20) 8. Approval of Minutes - City Council March 21,2006 Regular Meeting March 28, 2006 Canceled Regular Meeting 10. Approval of Citv's Investment Report as of March 31,2006. (0450-80) 11. Approval of the Comprehensive Annual Financial Report for Fiscal Year 2004-2005. (0410-10) 12. Approval of Second Agreement between the City of Poway and Cloud 9 Shuttle, Inc., for the Powav Airporter Service and Alternate Ground Transit Services. (0700-10) 8630 Page 3 - CITY OF POWAY - May 2,2006 13. Adoption of Resolution No. 06-031, entitled: "A Resolution of the City Council of the City of Poway, California Commending Eaole Scout Steven Thomas Lambert." (0710-40) 14. Approval of Appropriation in the amount of $50,538 from the General Fund for Safety Services equipment and training expenditures of which $50,538 will be repaid from the Urban Area Securitv Initiative Grant. (0490-51) 15. Approval of Final Map for Tentative Parcel Map 05-02 and accept Janette Lane as a public street as offered for dedication on the Final Map. The property associated with this map is located at 13641 Somerset Road. Donald and Gail Kidner, Owners. APN: 314-242-04. (0200-50) 16. Approve the receipt of $8,194 from the Law Enforcement Forfeited Propertv and Assets and authorize the appropriation of $8, 194 from the Law Enforcement Forfeited Property Fund's Undesignated Fund Balance (718-8912) to a new Law Enforcement Equipment Program budget for the purchase of law enforcement equipment. (0370-17) 17. Adoption of Resolution No. P-06-27, entitled: "A Resolution of the City Council of the City of Poway, California Approving Temporarv Use Permit 06-19 to hold the Community Band Festival 2006" on May 13 and May 14, 2006 at 14134 Midland Road. APN: 314-202-19. (0210-60) 18. Adoption of Resolution No. 06-032, entitled: "A Resolution of the City Council of the City of Poway, California Commending Eaole Scout Kevin Andrew Smith." (0710-40) 19. Adoption of Resolution No. 06-033, entitled: "A Resolution of the City Council of the City of Poway, California, Finding that Housinq Fund Monies Used Outside the Project Area for Planning and Administrative Costs in FY 2004-05 were of benefit to the Project Area;" and adoption of Resolution No. R-06-04, entitled: "A Resolution of the Poway Redevelopment Agency Finding that Planning and Administrative Costs Charged to the Housing Fund in FY 2004-05 were Necessary to Increase, Improve and Preserve the Supply of Low - and Moderate-Income Housing." (0260-10) 20. Approval of Final Map for Tentative Tract Map (TTM) 04-02, Sky Mountain Trails, located at the southerly terminus of Welton Lane. Gregg Brandalise and Ted Neher, Applicants. APNs: 323-090-59 & 67. (0200-60) 21. Adoption of Resolution No. 06-034, entitled: "A Resolution of the City Council of the City of Poway, California Ordering the Summary Vacation of a Portion of a Drainage Easement (VAC 05-02)" located within the Temple Adat Shalom property. Construction Testing & Engineering, Inc., Applicant. APNs: 275-810-17,18 and 19. (0780-60) 8631 Page 4 - CITY OF POWAY - May 2,2006 22. Approval of a Temporarv Sewer Connection to serve APNs: 321-410-40 & 41. Philip J. Butzen, Applicant. (0940-40) 23. Approval of License Aoreements with American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music Inc. (BMI) to provide copyright clearance when music is used at City events and functions. (0700-10) 24. Approve the purchase of a Replacement Brush Apparatus from West-Mark Fire Apparatus for the amount of $298,825.00. (0360-17) 25. Adoption of Resolution No. 06-035, entitled: "A Resolution of the City Council of the City of Poway, California Supporting the Sexual Predator Punishment and Control Act of 2006: Jessica's Law." (0740-55) 26. Approval of Position on Pendino Leoislation: Support: AB 1795 (Bermudez) Residential Care Facilities: Licensure Applications: Local Notifications, AB 2158 (Evans) Regional Housing Needs, AB 2259 (Salinas) Local Agency Formation: Extension of Services, AB 2468 (Salinas) Planning: Housing Element, AB 2503 (Mullin) Affordable Housing, AB 3042 (Evans) Regional Housing, SB 1754 (Lowenthal) Housing and Infill Infrastructure Financing Districts, AB 2696 (Huff) Recreational Safety: Skateboard Parks: Scooters, SB 1179 (Morrow) Recreational Activities: Skateboarding, SB 1407 (Margett) Liability: Hazardous Recreational Activities, and SB 1431 (Cox) Public Contracts: Design-Build Contracting: Local Governments; Oppose: AB 2197 (DeVore) Redevelopment: Plans: Tax-Increment Financing, AB 2511 (Jones) Land Use: Housing, AB 2922 (Jones) Redevelopment: Low and Moderate Income Housing Fund, and SB 1177 (Hollingsworth) Housing: Density Bonus; AB 2987 (Nunez and Levine) Cable and Video Service; and watch AB 1881 (Laird) Water Conservation in Landscaping Act, AB 2572 (Emmerson) Housing Element: Student Dormitories, and SB 1800 (Ducheny) General Plans: Housing. (0740-55) This item was removed from the Consent Calendar for discussion. Brian Gray, A T & T, spoke in support of AB 2987 (Nunez and Levine) Cable and Video Service, and asked the City Council to take no position rather than oppose the bill. Joe Gabaldon, Cox Cable, spoke in opposition of the bill. Dee Fleischman, Poway, commented on SB 1431 and inquired about design-build contracting. Motion by Councilmember Emery and seconded by Councilmember Boyack to adopt the recommended positions on the bills and directed that members of the State Legislature, organizations and committees be notified of the City's positions. Motion carried 3-0 with Councilmember Higginson and Mayor Cafagna absent. 8632 Page 5 - CITY OF POWAY - May 2,2006 PUBLIC HEARINGS: ITEM 1 (0780-08) ENVIRONMENTAL ASSESSMENT (EA) 06-01 POWAY REDEVELOPMENT AGENCY, APPLICANT JOHN AND ELIZABETH SOLOMONSEN, OWNERS WEST SIDE YORK AVENUE BETWEEN AUBREY & TEMPLE STREETS APN: 314-201-04 Deputy MayorNice Chair Rexford opened the public hearing. David Narevsky, Redevelopment Manager, presented the staff report. On October 30, 2001, the City Council/Redevelopment Agency authorized staff to negotiate terms for the acquisition of flood-prone parcels located within the 100- Year Floodway of Rattlesnake Creek. This general staff direction is an opportunity-driven authorization to proceed with property acquisitions when the owner of a property is willing to negotiate the terms of sale. Staff conducted site due diligence on the 0.60-acre vacant parcel and negotiated the terms of sale in an effort to pursue the development of potential future open space and/or recreational uses within the Paguay Redevelopment Project Area. The parcel is located within the 100-Year FEMA designated floodway of Rattlesnake Creek and is blighted because it is flood-prone and cannot be improvement. Dee Fleischman, Poway, wants to be sure open space is part of the project. Motion by Councilmember/Director Emery and seconded by Councilmember/Director Boyack to close the public hearing, approve the Negative Declaration, authorize the expenditure of $47,300 from the Project/Field Acquisition Project (5650), approve the purchase, authorize the City Manager/Executive Director to execute the necessary documents, and adopt Planning Resolution P-06-24 approving the environmental assessment. Motion carried 3-0 with Council member/Director Higginson and Mayor/Chair Cafagna absent. ITEM 2 (0320-65) ORDINANCE NO. 636-FIRST READING AMEND MUNICIPAL CODE CHAPTER 8.11 ALCOHOL WARNING SIGNS Deputy Mayor Rexford opened the public hearing. Paolo Romero, Management Analyst, presented the staff report. On May 4, 2004, the City Council directed City staff to proceed with development of an Anti-Driving Under the Influence (DUI) Poster Ordinance sponsored by the Designated Drivers Association for the City of Poway. The Anti-DUI Poster Ordinance was adopted on November 9, 2004, and became effective 30 days later. As directed by the City Council, a one-year review of the Ordinance is required to evaluate its effectiveness as a DUI deterrent. 8633 Page 6 - CITY OF POWAY - May 2,2006 Marianne Nealan, Patrick's Irish Pub, would like the ordinance modified to include any licensed establishment, including restaurants, that have a dedicated bar area. Ray Gross, Designated Drivers Association, was present to answer questions. Motion by Council member Emery and seconded by Council member Boyack to continue the public hearing to May 16, 2006 in order for staff to meet with the interested parties to resolve concerns. The Ordinance was not introduced. Motion carried 3-0 with Councilmember Higginson and Mayor Cafagna absent. ITEM 3 (0210-50) MINOR CONDITIONAL USE PERMIT (MCUP) 95-02M(2) JOHN LIVELY, APPLICANT/OWNER 13326 POWAY ROAD APNs: 317-101-42 & 43 Sign language interpreters Rose Pabon and Billieanne McLellan. Deputy Mayor Rexford opened the public hearing. Niall Fritz, Director of Development Services, presented the staff report. The applicant is requesting a modification to a Minor Conditional Use Permit to permit the construction of a 62-space parking lot on an undeveloped section of the Lively Center in the Town Center zone. The project complies with all City development standards. Gary Vineyard, Poway, opposed the parking lot because of increased noise, late night activity and proximity to his backyard. David May, Poway, addressing the Council through certified Sign Language Interpreter Rose Pabon, said the parking lot will disrupt his life and his home citing its close proximity to his home and the safety issues. He requested a continuance to meet with neighbors about his concerns. Motion by Council member Emery and seconded by Councilmember Boyack to continue this item indefinitely. Motion carried 3-0 with Councilmember Higginson and Mayor Cafagna absent. ITEM 4 (0220-60) SPECIFIC PLAN AMENDMENT (SPA) 84-01YYY DANIELSON STREET WEST OF FIRST AMERICAN WAY SHAMROCK/POWAY INVESTORS III, APPLICANT APNs: 323-480-10 AND 14 Niall Fritz, Director of Development Services, presented the staff report. 8634 Page 7 - CITY OF POWAY - May 2,2006 This is a request to initiate SPA 84-01YYY to amend the Land Use Designation on two vacant properties totaling approximately 7.65 acres, located on the north side of Danielson Street just west of First American Way, in the South Poway Business Park. The proposed Amendment would change the Land Use Designation of the properties from Light Industrial (L1) to Industrial Park (IP). The property owner intends to market the properties as office uses, which is desirable use for the Business Park. The properties are located in the easterly portion of the Business Park, which is dominated, by IP and office uses. The properties are suitable for an IP Land Use Designation. There was no one present wishing to speak. Motion by Councilmember Emery and seconded by Councilmember Boyack to approve initiation of Specific Plan Amendment (SPA) 84-01YYY and to adopt Resolution 06-030 entitled, "A Resolution of the City Council of the City of Poway, California, Initiating a Specific Plan Amendment (SPA 84-01YYY) to the South Poway Specific Plan to Change the Land Use Designation on Two Vacant Properties Totaling Approximately 7.65 Acres Located on the North Side of Danielson Street, West of First American Way, from Light Industrial to Industrial Park, APNs: 323-480-10 and 14." Motion carried 3-0 with Council member Higginson and Mayor Cafagna absent. ITEM 5 (0200-25) MINOR DEVELOPMENT REVIEW APPLICATION (MDRA) 03-33R 17981 HIGHLAND RANCH TERRACE NABIN C. PANDA, APPLICANT APNs: 272-761-10 Niall Fritz, Director of Development Services, presented the staff report. MDRA 03-33 was first approved by the City Council on February 14, 2004. Grading has been completed on the property and final paperwork from the applicant's engineer is pending to finalize the grading aspect of the application. The applicant is requesting re-approval of the MDRA, which expired on February 17, 2006, in order to allow more time to construct a 4, 772-square-foot, 2- story, single-family residence, measuring 30 feet 6 inches in height, with an attached 805- square-foot garage on a 2.23-acre property located at 17981 Highland Ranch Terrace. The property is zoned Rural Residential C (RR-C) and is located within the Hillside/Ridgeline Review Area. There was no one present wishing to speak on this item. Motion by Council member Boyack and seconded by Councilmember Emery to approve the MDRA Application 03-33R and adopt Planning Resolution P-06-26 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Minor Development Review Application (MDRA) 03-33R and Rescinding Resolution P-04-15, Assessor's Parcel Number 272-761-10." Motion carried 3-0 with Councilmember Higginson and Mayor Cafagna absent. 8635 Page 8 - CITY OF POWAY - May 2,2006 ITEM 6 (0750-20) CREEKSIDE PLAZA SPECIAL EVENTS REPORT Niall Fritz, Director of Development Services, presented the staff report. Creekside Plaza is a shopping center located at 13409-13573 Poway Road. At the City Council meeting of December 6,2005, a member of the public spoke under Oral Communications regarding the use of amplifiers at outdoor special events at the amphitheater within the Creekside Plaza and the noise it creates at his house nearby. The City Council requested a report on special events that are allowed and whether or not amplified music can be permitted. The City Council also requested that a representative from the shopping center attend the meeting when this is discussed. During the preparation of this report, the management company for the center changed. The report was delayed to allow the representative of the new management company to attend this meeting, however, no one from the company attended the meeting. Kevin Campbell, Poway, said the property manager is non-responsive to noise complaints and asked for the Sheriff's assistance in enforcing noise limits. Joe St. Lucas, Poway, stated this is a neighborhood problem and asked for the noise ordinance to be enforced. Event permits should be posted prominently on the property. The City Council received and filed the report CITY MANAGER ITEMS 27. City Manager Gould announced the Town Hall Meeting to be held at the Community Park Auditorium on Tuesday, May 9, 2006, with doors opening at 6:00 p.m. and program beginning at 7:00 p.m. MAYOR AND CITY COUNCIL-INITIATED ITEMS 30. Council member Emery stated he went to Sacramento last week to meet with the California Cultural and Historical Endowment Committee to seek grant funding for the Kumeyaay-Ipai Interpretive Center. The grant was awarded in the full amount of $380,000 for a modular interpretive facility building and site improvements. ADJOURNMENT Deputy Mayor Rexford adjourned the meeting 8:28 p.m. X~Cle~ City of Poway, California 8636