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CC 2006 11-14 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING NOVEMBER 14, 2006 The November 14, 2006, Regular Meeting of the City Council of the City of Poway, was called to order at 7:07 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 COUNCILMEMBERS ABSENT None STAFF MEMBERS PRESENT Rod Gould Penny Riley Lisa A. Foster Diane Shea Niall Fritz Jim Howell Dena Fuentes Peter Moote Mark Sanchez Charlie Campe Frank Casteleneto Jason Martin Jonathan Smith Kristen Crane Paolo Romero City Manager Assistant City Manager City Attorney City Clerk Director of Development Services Director of Public Works Director of Redevelopment Services Assistant Director of Administrative Services Director of Safety Services Sheriffs Captain City Engineer Senior Planner Senior Engineer Assistant to the City Manager Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Rexford led the pledge of allegiance. CITY COUNCILMEMBER ANNOUNCEMENTS A. Councilmember Emery gave a review of Coney Island Pizza, noting their claimed authentic Coney Island style pizza. B. Councilmember Boyack commended Poway Women's Club for their wonderful community service. C. Deputy Mayor Rexford spoke on her concerns on flood plain channels. PRESENTATIONS Mayor Cafagna presented a Certificate of Appreciation to Jay Kacirk, past member of the Housing Commission. 8747 Page 2 - CITY OF POWAY - November 14, 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 people spoke: Bruce Tarzy, representing Green Valley Civic Association, spoke on the proliferation of signs, particularly real estate signs, and the City's sign standards. Philip Butzen, Poway, spoke on aging infrastructure in the Budwin Lane area, requesting City assistance in addressing the problems. Connie Messina, Poway, spoke on infrastructure problems in older neighborhoods, such as Oak Knoll, and asked it be made a City priority. CONTINUED PUBLIC HEARINGS 1. Ordinance No. 645, Second Reading, entitled: "An Ordinance of the City of Poway, California, Approving a Specific Plan Amendment (SPA 84-01ZZZ) to the South Poway Specific Plan to Change the Land Use Designation on a Developed, Approximate One-Acre Property Located at 12875 Brookprinter Place from Light Industrial to Industrial Park APN: 317-224-23." Bothwell International Ltd., Applicant. (Continued from October 17, 2006 Item #3) (0220-60) On October 17, 2006, the City Council introduced and held the first reading of Ordinance No. 645. All Councilmembers were present at the first reading. No public testimony was received. There was no one from the public wishing to speak. Motion by Council member Higginson and seconded Deputy Mayor Rexford to close the public hearing, waive further reading and adopt Ordinance No. 645, entitled, "An Ordinance of the City of Poway, California, Approving a Specific Plan Amendment (SPA 84-01ZZZ) to the South Poway Specific Plan to Change the Land Use Designation on a Developed, Approximate One-Acre Property Located at 12875 Brookprinter Place from Light I ndustrial to I ndustrial Park APN: 317-224-23." Motion carried 5-0 by a roll call vote. PUBLIC HEARINGS 2. Ordinance No. 646, First Reading, entitled: "An Ordinance of the City of Poway, California, Amending Section 8.08.020, Section 8.08.040, Section 8.08.100 and Section 16.44.140 of the Poway Municipal Code Concerning Time for Use of Construction Equipment and Time of Grading and clearing Operations." (0330-55) 8748 Page 3- CITY OF POWAY - November 14, 2006 Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development Services, presented the staff report. This amendment of several existing ordinances is for the purpose of clarifying the City's time limits for using construction equipment, and for grading and clearance activities, to prevent noise nuisances. This amendment clarifies the definition of holiday, specifies the type of construction equipment that can be used on Sundays and holidays by a homeowner performing construction on his or her own home, updates the list of zones in the noise ordinance, and clarifies the time limits for use of construction equipment and time limits for grading and clearance activities. The following people spoke on this item: Bruce Tarzy, representing Green Valley Civic Association, spoke in support of the project. Motion by Councilmember Higginson and seconded by Deputy Mayor Rexford to waive further reading of the ordinance, and continue the public hearing to December 5, 2006 for second reading and adoption. Motion carried unanimously. 3. Ordinance No. 647, First Reading, entitled: "An Ordinance ofthe City of Poway, California, Relinquishing a 0.22-acre Portion of a 16.5-Acre Dedicated City- Owned Open Space Lot (APN 321-420-15) to Accommodate Project-Related (MORA 06-19) Improvements to Espola Road;" and, Environmental AssessmentlHillside/Ridaeline-Minor Development Review Application (MDRA) 06-19; George Ardizzone, Applicant. A request to develop a single-family residence and tennis court on a 46-acre property located at the northeast corner of the intersection of Poway Grade and Espola Road, within the Rural Residential-A (RR-A) zone. The property is located at the northeast comer of the intersection of Poway Grade and Espola Road. APNs: 321-260-27,22, 321-271-06 and 321-420-15. (0200-25) Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development Services, presented the staff report. The applicant is requesting approval to construct a 6,120-square-foot, single-story residence, with an attached 3-car garage and an unlighted tennis court, on a 46-acre site located on the northeast corner of the intersection of Poway Grade and Espola Road. Improvements required for the development will result in an acceleration lane along northbound Espola encroaching into approximately 0.22 acres of dedicated City-owned Open Space. Therefore, the applicant is also requesting City Council approval of an Ordinance to allow relinquishment of the impacted Open Space as required by Poway Municipal Code Section 16.16.110. The following people spoke in support of this item: Robert McKenzie, Poway Amy Mahjouri, Poway John Pavin, Poway John Fitch, Poway Ted Schultz, poway 8749 Page 4 - CITY OF POWAY - November 14, 2006 The following people spoke in opposition or with concerns of the project: Michael Rothbart, Poway Nancy Ujazdowski, Poway Louann Schloss, Poway Motion by Councilmember Emery and seconded by Deputy Mayor Rexford to approve the Mitigated Negative Declaration, waive further reading of the Ordinance, and continue the public hearing to December 5, 2006 for second reading and adoption of the Ordinance, and approval of the proposed Resolution for Hillside/Ridgeline Minor Development Review Application 06-19. Motion carried unanimously. 4. Conditional Use Permit (CUP) 06-o6/Development Review (DR) 06-03; Ed Stoughton, Applicant. A request for approval to establish a construction contractor's office with outdoor storage on the site located at 13795 Blaisdell Place, in the Light Industrial/Outdoor Storage (L1/S) zone in the South Poway Business Park. APN: 317-810-15. (0210-30) Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development Services, presented the staff report. The applicant is requesting approval to establish a construction contractor's office with an outdoor storage yard on the property located at 13795 Blaisdell Place, in the Light Industrial/Outdoor Storage zone in the South Poway Business Park. The zone allows such uses with approval of a Conditional Use Permit. The approximate 1-acre site is currently vacant and is proposed to be developed with a 15,000-square-foot building, 30 on-site parking spaces, and an open area for storage of construction materials and equipment. D & D Concrete will occupy the building. The site is adjacent to other outdoor storage uses. Outdoor storage will be conducted at the rear of the site, and a solid wall and landscaping will be provided to further assist in screening. The outdoor storage will not be readily visible to the street or properties in the area. There was no one from the public wishing to speak on this item. Motion by Councilmember Emery and seconded by Councilmember Boyack to close the public hearing; adopt Planning Resolution No. P-06-52, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 06- 06 and Development Review 06-03 Assessor's Parcel Number 317-810-15." Motion carried unanimously. 5. Tentative Tract Map (TTM) 06-05; Parkway Commerce Center Holdings LLC, Applicant. A request for a condominium conversion of four existing, light industrial warehouse buildings on three contiguous properties located at 13651, 13691,13741, and 13771 Danielson Street, in the Light Industrial (L1) zone. APN: 317-280-37,77, and 78. (0200-60) Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development Services, presented the staff report. 8750 Page 5 - CITY OF POWAY - November 14, 2006 The applicant is proposing a condominium conversion of four existing, light industrial warehouse buildings on three contiguous properties located at 13651,13691,13741, and 13771 Danielson Street, in the Light Industrial zone. Currently, the four buildings are divided into 36 individual tenant spaces ranging in size from 2,100 to 9,100 square feet. The proposed TTM will create a one-lot subdivision and an air space condominium for 36 individual units. The number of units that would be created may decrease in the time before approval of the Final Map, as the developer may consolidate some existing tenant spaces to create larger units depending on market demands. The final number will be known prior to the approval of the Final Map, but will not exceed 36 units. There was no one from the public wishing to speak on this item. Motion by Council member Higginson and seconded by Deputy Mayor Rexford to close the public hearing; adopt Planning Resolution No. P-06-53, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Tentative Tract Map (TTM) 06-05 Assessor's Parcel Numbers 317-280-37, 77 and 78." Motion carried unanimously. 6. Environmental AssessmentlTentative Tract MaD (TTMI 05-Q2Nariance (VARI.Q2: 10: Norwalk VII, LLC, Applicant. A request to subdivide a 2.01-acre property into seven single-family residential lots, located on the north side of Norwalk Street, east of Community Road. The applicant is also requesting a Variance to construct a fence and retaining wall combination along the east property line that would measure up to 9 feet in height where 6 feet is the maximum height allowed. The property is located at 13506 Norwalk Street. APN: 314.194.62. (0200-60) Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development Services, presented the staff report. The applicant proposes to subdivide a 2.01-acre property into 7 single-family residential lots ranging in size from 10,000 to 15,000- square-feet. The site is located on the north side of Norwalk Street, between Community Road and Midland Road. The parcel is in the Residential Single-Family 4 (RS-4) zone, which permits residential lots a minimum of 10,000 square feet or four units per acre. The property currently contains a vacant single-family structure and some mature trees. Development of the site would require demolition of the existing vacant house and removal of mature ornamental trees. The seven lots would take access from Norwalk Street via a new private street. The applicant also requests a Variance to construct a fence and retaining wall combination along the east property line that would measure up to 9 feet in height, where 6 feet is the maximum height allowed. Thomas Woodburn, applicant, spoke in favor of the project. The following people spoke in opposition or with concerns on the project: Ashne Hasson, Poway Carol Hillis, Poway Dee Fleischman, Poway 8751 Page 6 - CITY OF POWAY - November 14, 2006 Motion by Deputy Mayor Rexford and seconded by Councilmember Boyack to close the public hearing; adopt Planning Resolution P-06-54, entitled: "A Resolution of the City Council of the City of Poway, California, Approving a Mitigated Negative Declaration, Tentative Tract Map (TTM) 05-02 and Variance 06-10 Assessor's Parcel Number 314-194-62." Motion carried unanimously. STAFF REPORTS 7. Telecastina System - Acceptance of Final Design by Integrated Media Systems (IMS). (0700-10) Peter Moote, Assistant Director of Administrative Services, presented the staff report. Staff is recommending acceptance of the design phase of the telecasting system and authorization to proceed with implementation of the cablecasting phase, to include (1) purchase and installation of equipment, (2) perform the necessary modifications to the Council Chambers, including lighting, camera installation, and cabling, and (3) establish a programming schedule based on Council direction. The final phase ofthe project, to include webcasting, video archiving and off-site event recording, is proposed for implementation at a future date. Connie Messina, Poway, spoke in favor of the item. Kevin McNamara, Poway, opposed the item. Motion by Council member Emery and seconded by Deputy Mayor Rexford to accept the final design of the telecasting system, authorize staff to proceed with the cablecasting phase of the project, and approve the proposed programming schedule. Motion carried unanimously. 8. Old Powav Park Master Plan UDdate: An update on the status of various development projects proposed in the Old Poway Park Master Plan, including the Veterans Memorial, as well as Midland Road street improvements. The park is located at 14134 Midland Road. (0620-40) Niall Fritz, Director of Development Services, presented the staff report. This report provides an update on all of the proposed development projects identified in the Old Poway Park Master Plan. This includes the Veterans Memorial, Poway Fine Arts Education Center, Cafe, Train Depot, Farmers Market and Farmers Market Parking Lot, Restaurant site and the Midland Road street improvements. It also discusses the status of the Midland Animal Clinic and the Brighton Housing project. The report recommends the creations of a Veterans Memorial committee. Due to increasing construction costs, the report seeks City Council approval to reallocate $1,124,400 in City funds to fully fund the selected projects. 8752 Page 7 - CITY OF POWAY - November 14, 2006 The following people supported the Veterans Committee: Ed Ketcham, Poway Frank Mainard, Poway Jim Forrest, VFW, poway Dee Fleischman, Poway, expressed her concerns on the project. Motion by CouncilmemberlDirector Higginson and seconded by Deputy MayorNice Chair Rexford to: A. Adopt Redevelopment Resolution No. R-06-07 entitled, "A Resolution of the Poway Redevelopment Agency, Determining that the Road Improvement, Sewer and Storm Drainage Projects Adjacent to the Proposed Brighton Affordable Housing Project are of Benefit to the Paguay Redevelopment Project and Authorizing Payment of Agency Low and Moderate Income Housing Funds Therefore;" and, B. Adopt Resolution No. 06-087, entitled, "A Resolution of the City Council of the City of Poway, California, Determining that the Road Improvement, Sewer and Storm Drainage Projects Adjacent to the Proposed Brighton Affordable Housing Project are of Benefit to the Paguay Redevelopment Project and Authorizing Payment of Agency Low and Moderate Income Housing Funds Therefore;" and, C. Concur with the establishment of a Veterans Committee; and E. Appropriate $350,000 from the Drainage AB1600 (Fund 232) Unappropriated fund balance, utilize $480,400 from the Unappropriated fund balance 2002 RDA TABs (Fund 440) and encumber $294,000 from the development impact fees (Fund 471) to be paid by the Brighton Housing Development. The City Council/Redevelopment Agency did not support recommendation "D" relating to the Train Depot as that project was referred back to staff for redesign at the November 14, 2006 5:30 p.m. Special City Council meeting. Motion carried unanimously. 9. Reiection of Bids for the Kumeyaay-Ipai Interpretive Center Modular Building (CIP #1671) - Bid No. 06-017 for the property located at 13104 Silver Lake Drive. (0480-42) Niall Fritz, Director of Development Services, presented the staff report. On September 21, 2006, a Notice Inviting Bids was issued for the Kumeyaay-Ipai Interpretive Center Modular Building Project at the southern terminus of Silver Lake Drive south of Poway Road. The contract time for this project was 120 working days with an Engineer's estimate of $65,000 to $85,000. The bids were opened on October 17,2006 with two bids being received. The lowest responsible bidder was Modular Building Concepts, Inc., who submitted a bid in the amount of $132,511. 8753 Page 8 - CITY OF POWAY - November 14, 2006 This amount is significantly greater than the funds available for the project. The City Council has the authority under these circumstances to reject all bids and readvertise, or to reject all bids and by a 4/5 vote, authorize staff to procure the contract on the open market, pursuant to the Public Contracts Code Sections 20166 and 20167. There was no one from the public wishing to speak on this matter. Motion by Councilmember Higginson and seconded by Councilmember Emery to reject all bids and authorized staff to procure the contract on the open market. Motion carried unanimously. CONSENT CALENDAR Motion by Deputy Mayor Rexford and seconded by Council member Emery to approve the Consent Calendar consisting of items 10, 11, 13, 14, and 16 through 26 as submitted. Motion carried unanimously. Item 15 was removed from the Consent Calendar at the request of a member of the public for discussion. 10. Ratification of Warrant Reaisters for the periods of September 25-29, October 2-6, October 9-13 and October 16-20, 2006. (0475-20) 11. Approval of Minutes - City Council October 3, 2006 Regular Meeting October 5, 2006 Canceled Adjourned Regular Meeting October 10, 2006 Regular Meeting October 17, 2006 Regular Meeting October 24, 2006 Canceled Regular Meeting October 31, 2006 Canceled Regular Meeting November 2, 2006 Canceled Adjourned Regular Meeting November 7,2006 Canceled Regular Meeting 13. Approval of Citv's Investment Report as of September 30, 2006. (0450-80) 14. Approval of Final Map for Tentative Tract Map lTTM) 04-03 for the property located on the north side of the 13600 block of Somerset Road. Crook Family Limited Partnership, Owner. APN: 314-241-15,16 and 17 (0200-60) 15. Adoption of Planning Resolution No. P-06-55, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Minor Development Review Application lMDRA) 04-40R Assessor's Parcel Number 321-060-24" for the construction of a 770-square-foot, second-story, addition to an existing 3,169- square-foot residence; a 337 -square-foot addition to an existing 675-square-foot attached garage; and a detached, single-story, 1 ,009-square-foot guest house with an 891-square-foot attached garage on a 3.05-acre site. The property is located 14706 High Valley Road. Andy & Elizabeth Seitz, Owners. APN: 321-060- 24 (0200-25) 8754 Page 9 - CITY OF POWAY - November 14, 2006 This item removed from the Consent Calendar at request of a member of the public for discussion. Dee Fleischman inquired about the project. Motion by Council member Emery and seconded by Council member Boyack to adopt the Planning Resolution P-06-55 as submitted. Motion carried unanimously. 16. Approval of Contract with SYSCO Foods for Goods and Services during a major emergency. (0700-10) 17. Award of Contract to Fire Protection Plus for fire suppression equipment service in the amount not-to-exceed $18,408.55 for the first contract year and authorize the City Manager to execute the necessary documents. (0700-10) 18. Approval of Salarv Adiustments for Senior Civil Engineer, Associate Civil Engineer, Senior Accountant, and Senior Equipment Mechanic retroactive to the first full pay period of July 2006 and Adoption of Resolution No. 06-088 entitled, "A Resolution of the City Council of the City of Poway, California, Amending the Salary and Benefit Plan for the Management, Supervisory, Professional and Confidential Employees and Amending the Memorandum of Understanding Between the City and the California Teamsters Local 911 Representing the Non- Safety Employees. (0520-20) 19. Acceptance of the Powav Center for the Performina Arts Heating, Ventilation, and Air Conditional (HVAC) Controls Upgrade Project from Facility Automation Systems, Inc. (0700-10) 20. Approval of Aareement with the Powav-Midland Railroad Volunteers for operation of the City's rolling stock located at Old Poway Park, 14134 Midland Road. (0700-10) 21. Adoption of Resolution No. 06-086, entitled: "A Resolution ofthe City Council of the City of Poway, California, Approving the Grant Aareement with the California Cultural and Historical Endowment (CCHE) under the California Clean Water, Clean Air, safe Neighborhood Parks, and Coastal Protection Act of 2002," the appropriation of $380,311 from the City Grants Unappropriated Fund (247-8912) to the Kumeyaay-Ipai Interpretive Center Project (CIP 1671) to be reimbursed by the grant, and authorize the City Manager to execute the Agreement. (0490-51) 22. Approval of Aareement with Union Bank of California for banking services. (0700-10) 23. Adoption of Planning Resolution No. P-06-56, entitled: "A Resolution of the City Council of the City of Poway, California, Approvina Minor Development Review Application (MDRAI 06-20 Adiacentto Assessor's Parcel Number 277-181-22" for the installation of a telecommunications facility on a replacement streetlight pole, which is located on the north side of Espola Road, east of Cloudcroft Drive, adjacent to the Old Coach Collection subdivision. SRES, Inc., for Cingular Wireless, Applicant. APN: Adjacent to 277-181-22. (0200-25) 8755 Page 10 - CITY OF POWAY - November 14, 2006 24. Approval of Master Communications Site Encroachment Aareement between the City of Poway and New Cingular Wireless PCS, LCC for the installation and operation of a wireless telecommunications facility in the public right-of-way, located on the north side of Espola Road, near Cloudcroft Drive. APN: Adjacent to 277-181-22. (0700-10) 25. Adoption of Planning Resolution No. P'()6-57, entitled: "A Resolution ofthe City Council of the City of Poway, California, Approvina Minor Development Review Application (MDRA) 06-59 Adiacent to Assessor's Parcel Number 275'()32'()4" for the installation of a telecommunications facility on a new streetlight pole, which is located on the south side of Espola Road, west of Valle Verde Road, adjacent to the Rural Residential C (RR-C) zone. M&M Telecom, Inc., for Cricket Communications, Applicant. (02~ 26. Approval of Master Communications Site Encroachment Aareement between the City of Poway and Cricket Communications, LLC for the installation and operation of a wireless telecommunication facilities in the public right-of-way on the south side of Espola Road, west of Valle Verde Road. APN: Adjacentto 275- 032'()4. (0700-10) CITY MANAGER ITEMS 27. City Manager Gould announced that this is Sheriffs Captain Campe's last City of Poway Council meeting as he has been reassigned to lead the SWAT Unit beginning November 24. Mr. Gould commended Charlie on his many years of exceptional service to the City of Poway. MAYOR AND CITY COUNCIL-INITIATED ITEMS 30. Councilmember Emery had asked consideration for time limits for re-vegetation of cut and fill slopes on approved projects. Mr. Emery said this issue had been covered during earlier discussion items this evening, and that staff had indicated there are currently procedures in place to address this issue. Bruce Tarzy, representing Green Valley Civic Association, spoke in support of Mr. Emery's item. 31. Deputy Mayor Rexford requested concurrence to place bronze sculptures, Pride of the Wilderness and The Pioneers, at the Poway Center for the Performing Arts and the Poway Library. City Council expressed a desire to consider this matter at the December 5th City Council meeting when a staff report is to be presented by Community Services. 8756 Page 11 - CITY OF POWAY - November 14, 2006 ADJOURNMENT Mayor Cafagna adjourned the meeting at 9:47 p.m. ;:A. ~~h_ L. Diane Shea, City Clerk City of Poway, California 8757