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CC 2006 08-01 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 1, 2006 The August 1, 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. Foster Diane Shea Robert Clark Niall Fritz Dena Fuentes Dennis Quillen Tina White Mike Hubert Dave Corn Kristen Crane Paolo Romero City Manager Assistant City Manager Interim City Attorney City Clerk Director of Community Services Director of Development Services Director of Redevelopment Services Deputy Director of Public Works Director of Administrative Services Division Chief, Safety Services Sheriff's Lieutenant Assistant to the City Manager Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Rexford led the pledge of allegiance. PRESENTATION Jeffrey Wiemann, Chief Executive Officer of the American Red Cross, presented the Circle of Humanitarian Award to the City Council. CITY COUNCILMEMBER ANNOUNCEMENTS A. Council member Emery did not give his "Restaurant Review" this week. B. Councilmember Boyack reported on her attendance at the League of California Cities conference. C. Councilmember Emery reported on his attendance at the League of California Cities conference. D. Deputy Mayor Rexford reported on her attendance at the League of California Cities conference. 8688 Page 2 - CITY OF POW A Y - August 1, 2006 PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedures for Public Oral Communications noting that State law may prohibit the City Council from taking action on items not on the agenda, and items will be referred to staff. The following person spoke: Ed Carboneau, Poway, alleged serial meetings between City Manager and Council members. PUBLIC HEARINGS 1. Ordinance No. 642 - Second Reading, entitled: "An Ordinance of the City of Poway, California, Adding Section 17.26.400 to the Poway Municipal Code to Add an Appeal Provision to the City's Inclusionary Housing Requirements." (0260-90) City Clerk Diane Shea presented the staff report. The City Council introduced this ordinance at a public hearing at the July 18, 2006 City Council meeting. There was no public testimony offered at that time. There was no one present from the public wishing to speak on this issue. Motion by Council member Boyack and seconded by Councilmember Emery to close the public hearing, waive further reading and adopt Ordinance No. 642 entitled, "An Ordinance of the City of Poway, California, Adding Section 17.26.400 to the Poway Municipal Code to Add an Appeal Provision to the City's Inclusionary Housing Requirements." Motion carried unanimously by roll call vote. 2. Consideration of a Resolution Establishina the Fire Protection Tax, the Street and Water and Sewer Assessments, and the Road Improvement Assessments to be Collected on the Property Tax Rolls for Fiscal Year 2006-2007. (0490-75) Mayor Cafagna opened the public hearing. Tina White, Director of Administrative Services, presented the staff report. Annually, the City collects various taxes, fees, charges, and assessments on the tax rolls by following the procedures set up for such collections by the County of San Diego. To collect these items, it is necessary to adopt a resolution setting the charges and to authorize staff to transmit the information to the Auditor/Control of the County of San Diego. There was no one present from the public wishing to speak on this issue. Motion by Council member Boyack and seconded by Deputy Mayor Rexford to close public hearing, adopt Resolution No. 06-061 entitled, "A Resolution of the City Council of the City of Poway, California, Establishing the Fire Protection Tax, the Street and Water and Sewer Assessments, and the Road Improvement Assessments to be Collected on the Property Tax Roll for Fiscal Year 2006-2007." Motion carried unanimously. 8689 Page 3 - CITY OF POW A Y - August 1, 2006 3. Consideration of a Resolution Settina the Special Tax Rate and the Amount to be Levied on Property within the South Poway Community Facilities District No.1 for Fiscal Year 2006-2007. (0490-75) Mayor Cafagna opened the public hearing. Tina White, Director of Administrative Services, presented the staff report. In December 1985, the City Council approved the formation of the South Poway Community Facilities District No.1 pursuant to the terms and provisions of the Mello-Roos Community Facilities District Act of 1982. The City Council authorized the issuance of $26,090,000 in 1998 Special Tax Refunding Bonds. Under the covenants of the bonds, it is necessary to hold a public hearing in order to establish the amount of the special tax to be assessed on property within the District for fiscal year 2006-2007. There was no one present from the public wishing to speak on this issue. Motion by Deputy Mayor Rexford and seconded by Councilmember Higginson to close the public hearing and adopt Resolution No. 06-062 entitled, "A Resolution of the City Council of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied on Property within the South Poway Community Facilities District NO.1 for Fiscal Year 2006-2007." Motion carried unanimously. 4. Consideration of a Resolution Settina the Special Tax Rate and the Amount to be Levied on Property within the Community Facilities District No. 88-1 (Parkway Business Centre) for Fiscal Year 2006-07. (0490-75) Mayor Cafagna opened the public hearing. Tina White, Director of Administrative Services, presented the staff report. In October 1988, the City Council approved the formation of the Community Facilities District No. 88-1 (Parkway Business Centre) to provide for the issuance of special tax bonds to finance the construction and acquisition of certain public improvements within the District. The City Council authorized the issuance of $35,445,000 in 1998 Special Tax Refunding Bonds. Under the covenants of the bonds, it is necessary to hold a public hearing in order to establish the amount of the special tax to be assessed on property within the District for fiscal year 2006-2007. There was no one present from the public wishing to speak on this issue. Motion by Deputy Mayor Rexford and seconded by Councilmember Boyack to close the public hearing and adopt Resolution No. 06-063 entitled: "A Resolution of the City Council of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied on Property within the Community Facilities District No. 88-1 (Parkway Business Centre) for Fiscal Year 2006-2007." Motion carried unanimously. 5. Environmental Assessment and Tentative Parcel Map 06-01; George and Elizabeth Heller, Owners/Paxton Surveying, Applicant. A request to allow the subdivision of one 0.56-acre lot into three lots, with Parcel 1 at 0.12 acres, Parcel 2 at 0.17 acres and Parcel 3 at 0.23 acres. The subject property is located at 13034-36 Carriage Road, south of poway Road, in the Residential Single-Family 7 (RS-7) zone. APN: 317-490-26. (0200-50) 8690 Page 4 - CITY OF POW A Y - August 1, 2006 Niall Fritz, Director of Development Services, presented the staff report. Approval of this project would subdivide a 0.56-acre residential property into three parcels. The existing duplex residence on the property will be removed. Access to all of the new lots will be from Carriage Road. The proposed subdivision would enable the construction of three single-family homes on the site. Construction ofthe homes is not proposed at this time. The project complies with all applicable City standards. The following people spoke on this item: Bob Sukup, Civil Engineer on project, asked for staff assistance on the power pole and undergrounding of neighbors' power. Motion by Councilmember Boyack and seconded by Deputy Mayor Rexford to close the public hearing and adopt Planning Resolution No. P-06-37 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Parcel Map (TPM) 06-01 Assessor's Parcel Number 317-490-26." Motion carried unanimously. 6. Conditional Use Permit 06-02; Poway Girls Softball League, Applicant. A request for approval to utilize a temporary modular building for food and drink concessions, and two seatainers for storage at Aubrey Park for up to one year. The property is located at the northwest corner of Midland Road and Aubrey Street. APNs: 314-182-20,24,33,34,35,44,46,50 and 51. (0210-30) Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development Services, presented the staff report. Poway Girls Softball League (PGSL) is requesting approval to use a temporary modular building for food and drink concessions, and two seatainers for storage at Aubrey Park. Aubrey Park is the newest City park, which includes sports fields and was built by the City in partnership with the PGSL, and is located at the northwest corner of Aubrey Street and Midland Road. The park is complete except for the construction of a permanent concessions, storage, and restroom building that will be in the same location as the temporary buildings, which are in the northwest corner of the site. The temporary structures are necessary until the permanent building is constructed. Pursuant to the Poway Municipal Code, the placement and use of such temporary structures on a site require a City Council approval of a Conditional Use Permit. PGSL is requesting approval for the structures for up to one year, however, they have been working on securing funding and expect to begin and complete construction within the next six months. The following people spoke on this issue: Joe St. Lucas, Poway, stated the CUP had a time limit of one year, not two years as reflected in Page 2, Section 3 of the current resolution. Lauren Blomberg, Poway, suggested the City Council adopt healthy eating guidelines for the PGSL snack shack. 8691 Page 5 - CITY OF POW A Y - August 1, 2006 Maureen Bomberg, Poway, asked that rules be enforced prohibiting vehicular access to Aubrey Park via Sycamore Avenue. Kathy Horman, Poway, addressed her concerns about the softball fields related to traffic impacts, noise, and inadequate facilities. Dee Fleischman, Poway, addressed her concerns with the access to the park and the design of the permanent structures. She asked those plans be brought back to a Council meeting for public review. Motion by Councilmember Emery and seconded by Councilmember Higginson to close the public hearing and adopt Planning Resolution No. P-06-38, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 06-02 Assessor's Parcel Numbers 314-182-20, 24, 33, 34, 35, 44, 46, 50 and 51." Motion carried unanimously. STAFF REPORTS 6.1 Consideration of a Temporarv Use Permit for Perrv Ford at 12740 Poway Road for a nationwide promotional sales event from August 2 - September 5, 2006. {021 0-60) Niall Fritz, Director of Development Services, provided the staff report. Perry Ford auto dealership located at 12740 Poway Road, contacted staff a few days ago regarding a planned 34-day parking lot sales event scheduled to begin on August 3, 2006. The issuance of a Temporary Use Permit is required. The Zoning Ordinance allows such events to occur for a maximum of 5 days in any 60-day calendar days. On November 30,2004, the City Council received a staff report on a potential amendment to the Poway Municipal Code concerning parking lot sales in commercial zones and whether or not nationwide sales events should be allowed more time than specific by the Code. Council directed staff to allow extensions of time for nationwide sales on a case-by-case basis, subject to Council review. The current request did not allow enough time for Council approval of the TUP since they want to start the event on Thursday and additional lead time is needed to process the TUP and to place the item on the agenda for Council approval. However, the Zoning Ordinance allows the Director of Development Services to issue a Temporary Use Permit and to extend the time limit for temporary use if it is determined that the extension is in accordance with the purposes of the zoning regulations. In 2004, the Director, with the City Council concurrence, approved a national sales event for a 20- day period under this provision of the Ordinance. Due to the length of time being requested, staff is requesting Council direction as to whether the Director should issue the TUP for a 34-day parking lot sale as provided in the Zoning Ordinance. There was no one present wishing to speak. 8692 Page 6 - CITY OF POW A Y - August 1, 2006 Motion by Deputy Mayor Rexford and seconded by Councilmember Emery to approve the TUP for 34 days if it is determined by staff to be appropriate in accordance with the purposes of the zoning regulation; and directed staff to review the Zoning Ordinance and bring the issue back to the City Council before any further requests are brought before the Council. Motion carried unanimously. CONSENT CALENDAR Items 7 through 12: Motion by Councilmember Higginson and seconded by Deputy Mayor Rexford to approve the Consent Calendar as submitted, except that items 8 and 10 were removed for discussion. Motion carried unanimously. 7. Ratification of Warrant ReQisters for the periods of June 26-30,2006 and July 3-7, 2006. (0475-20) 8. Adoption of Resolution No. 06-064, entitled: "A Resolution ofthe City Council of the City of Poway, California, Approvina a Stop Sian on the Westbound Approach of Paseo Colina to the Old Pomerado Road Intersection." (0850-60) This item was removed from the Consent Calendar for public comment: Debbie Quantrell, Poway, objects to the stop sign. Motion by Councilmember Higginson and seconded by Councilmember Boyack to adopt Resolution No. 06-064, entitled: "A Resolution of the City Council of the City of Poway, California, Approving a Stop Sign on the Westbound Approach of Paseo Colina to the Old Pomerado Road Intersection." Motion carried unanimously. 9. Adoption of Resolution No. 06-065, entitled: "A Resolution ofthe City Council of the City of Poway, California, Approvina a Stop Sian on Rockwell Court at the Palisades Drive Intersection." (0850-60) 10. Adoption of Resolution No. 06-066, entitled: "A Resolution ofthe City Council of the City of Poway, California, Establishina a Two-Hour Parkina Zones on Silver Lake Drive south ofthe Poway Road Intersection." (0860-10) This item was removed from the Consent Calendar for public comment: Ed Carboneau, Poway, inquired if there is any disabled parking in this area. Motion by Councilmember Emery and seconded by Councilmember Boyack to adopt Resolution No. 06-066, entitled: "A Resolution of the City Council ofthe City of Poway, California, Establishing a Two-Hour Parking Zones on Silver Lake Drive south of the Poway Road Intersection." Motion carried unanimously. 8693 Page 7 - CITY OF POW A Y - August 1, 2006 11. Approval of an appropriation of $10,000 from the City Grants Unappropriated Fund Balance (247-8912) to the Kumeyaay-Ipai Interpretive Site Project (CIP 1671) to be reimbursed by the County grant from County Supervisor Dianne Jacob, Community Projects Fund. (0490-51) 12. Acceptance of the Pomerado Road Sound Wall Proiect (#1290) from West Coast General Corporation. (0700-10) WORKSHOP ITEM 13. Discussion regarding Town Center Concepts for Poway Road. (0240-30) City Manager Gould introduced the item. Scott Edwards, Economic Development Manager, presented the staff report and provided a PowerPoint presentation. No one from the public spoke on this issue. The City Council received the presentation. CITY MANAGER ITEMS 14. City Manager Gould reported on the discussions with the Poway Unified School District on a joint-use agreement relating to an Arts Center project stating that rapid progress has been made and he will provide a further report in two weeks. MAYOR AND CITY COUNCIL-INITIATED ITEMS 17 A. Council member Emery had agendized "Discussion of Heritage Parade safety and free speech concerns." He removed this item from the agenda as his concerns have been addressed by the Chamber of Commerce. Councilmember Emery asked for and received City Council concurrence to place an item on a future agenda to discuss the Big Stone Lodge and the possibility of making it into a passive park for community use. ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:54 p.m. ~~CI'rn City of Poway, California 8694