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CC 2006 10-03 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING OCTOBER 3, 2006 The October 3, 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 Bob Emery, Don Higginson, Betty Rexford and Mickey Cafagna COUNCILMEMBERS ABSENT Merrilee Boyack STAFF MEMBERS PRESENT Rod Gould Penny Riley Lisa A. Foster Diane Shea Robert Clark Niall Fritz Jim Howell Dena Fuentes Tina White Mark Sanchez Charlie Campe Patti Brindle Frank Casteleneto Kristen Crane Paolo Romero PLEDGE OF ALLEGIANCE City Manager Assistant City Manager Interim City Attorney City Clerk Director of Community Services Director of Development Services Director of Public Works Director of Redevelopment Services Director of Administrative Services Director of Safety Services Sheriff's Captain City Planner City Engineer Assistant to the City Manager Management Analyst Deputy Mayor Rexford led the pledge of allegiance. CITY COUNCILMEMBER ANNOUNCEMENTS A. Poway Bob's Restaurant Review. Councilmember Emery gave a review of Cook's Healthy Snacks restaurant on Scripps Poway Parkway, noting its wide range of foods. Deputy Mayor Rexford congratulated and thanked all those who worked on this year's rodeo. PRESENTATIONS Presentation of Proclamation to Mark Sanchez, Director of Safety Services, proclaiming the week of October 8-14, 2006 as Fire Prevention Week. Mayor Cafagna made the presentation. 8721 Page 2 - CITY OF POWAY - October 3,2006 Presentation of Proclamation to Donna Goldsmith, Revenue and Business Activity Manager, and Dottie VanDommelen, Account Clerk II, proclaiming the week of October 2-6, 2006 as Customer Service Week in the City of Poway. Mayor Cafagna made the presentation. Presentation of Proclamation to Patti Brindle, City Planner, proclaiming the month of October as National Community Planning Month. Mayor Cafagna made the presentation. Presentation of Certificate of Merit to the City Council in Recognition of a Meritorious Environmental Solutions for Aubrey Park from the Association of Environmental Professionals. Niall Fritz, Director of Development Services, presented the Certificate to the City Council. Presentation by Housing Solutions on the Socio-Economic Analysis of Affordable Housing in Poway. Sue Reynolds of Housing Solutions made introductory remarks and Dr. Richard Parker, of Rea & Parker Research and San Diego State University, presented a PowerPoint presentation and submitted his written report. 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: Andy Adams, Poway, inquired why the City's Mobile Recreation Program takes its program to areas in Poway where there are registered sex offenders; spoke on the City's unequal Municipal Code enforcement; and stated he received a letter from Valley School reporting lower test scores for the last two years and inquired why the presentation made earlier tonight by Dr. Parker said affordable housing does not affect school test scores. Kevin Campbell, Poway, said the Poway Unified School District did not notify parents or the City of lower test scores the past two years, and feels affordable housing does negatively affect test scores in schools. PUBLIC HEARINGS 1. Ordinance No. 644 - First reading, entitled: "An Ordinance ofthe City of Poway, California, Amending Chapter 2.12 of the Poway Municipal Code Regarding Emergency Services." (0320-10) Mayor Cafagna opened the public hearing. Lisa Foster, Interim City Attorney, presented the staff report. This amendment of the existing ordinance provides several changes to the language in Chapter 2.12, Emergency Services. Specifically, it adopts the State of California Standardized Emergency Management (SEMS) approach to emergency responses, it reflects changes to the membership ofthe Disaster Council, it identifies the City Council's powers and duties related to emergency proclamations and declarations, and it elevates violations related to this ordinance from an infraction to a misdemeanor. 8722 Page 3 - CITY OF POWAY - October 3,2006 Ms. Foster made a correction to Section 8, subsection C of the ordinance to reflectthe City Council must continue the emergency declaration at a regularly scheduled meeting every "21" days" and striking the reference to 14 days. There was no one from the public wishing to speak on this matter. Motion by Councilmember Emery, and seconded by Deputy Mayor Rexford, to introduce the ordinance by title only, waive further reading, continue the public hearing to October 17, 2006 for second reading and adoption. Motion carried 4-0, with Councilmember Boyack absent. 2. Conditional Use Permit 06-07; M&M Telecom, LLC (for Cricket Communications), Applicant. A request to allow the installation of a telecommunications facility on an existing water tank, which is located at 12700 Sagecrest Drive, east of Pomerado Road, in the Planned Community (PC) zone. APN: 314-371-21 (0210-30) Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development Services, presented the staff report. The applicant is requesting a Conditional Use Permit to install a fourth telecommunications facility on an existing water tank, located in the Planned Community (PC) zone at 12700 Sagecrest Drive, east of Pomerado Road. The facility consists of three (3) antennas that will be mounted on the exterior of the reservoir, and an 18-foot by 17 -foot enclosure. The proposed telecommunications facility will comply with the Federal Communications Commission design and operational standards, and City standards. Doug Munson, representing Cricket Communications, spoke in favor of the project. Monte McCullough, Poway, spoke in support of the project and presented several suggestions for improvements to the landscaping, block walls and driveway. Motion by Council member Higginson and seconded by Deputy Mayor Rexford to close the public hearing; adopt Planning Resolution No. P-06-43 as amended, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 06-07 Assessor's Parcel Number 314-371-21" as amended. Motion carried 4-0, with Councilmember Boyack absent. 3. Conditional Use Permit 06-11; M&M Telecom, LLC (for Cricket Communications), Applicant. A request to allow the installation of a telecommunications facility on a developed residential property. The subject property is located at 12601 Cobblestone Creek Road, south of Poway Road, in the Rural Residential A (RR- A) zone. APN: 316-063-02 (0210-30) Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development Services, presented the staff report. The applicant is requesting a Conditional Use Permit to install a fourth telecommunications facility, consisting of antennas to be mounted on three 12-foot-high poles and ancillary ground-mounted equipment on a raised steel platform, at 12601 Cobblestone Creek Road, in the Rural Residential A zone. 8723 Page 4 - CITY OF POWAY - October 3,2006 The antennas will not be readily visible to the public. The proposed telecommunications facility will comply with the Federal Communications Commission design and operational standards. and City standards. Doug Munson, representing Crickett Communications, spoke in favor of the project. Motion by Councilmember Higginson and seconded by Deputy Mayor Rexford to close the public hearing, adopt Planning Resolution No. P-06-44, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 06- 11 Assessor's Parcel Number 316-063-02." Motion carried 4-0, with Councilmember Boyack absent. STAFF REPORTS 4. Initiation of a Specific Plan Amendment (SPA 84-o1ZZZ) to the South Poway Specific Plan; Bothwell International Ltd., Applicant. A request 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. (0220-60) Niall Fritz, Director of Development Services, presented the staff report. This is a request to initiate SPA 84-01ZZZ to amend the Land Use Designation on a developed approximate one-acre property, located at 12875 Brookprinter Place. The site is in the South Poway Business Park on the north side of Stowe Drive just west of Community Road. The proposed Amendment would change the Land Use Designation from Light Industrial (L1) to Industrial Park (IP) and would enable the property owner to market the property for office uses, which is a desirable use for the Business Park. The property has adequate parking to accommodate office uses in the building through a combination of existing on-site parking and access to off-site parking via an established shared parking agreement with adjacent properties. There was no one present from the public wishing to speak. Motion by Councilmember Emery and seconded by Deputy Mayor Rexford to close the public hearing, adopt Resolution No. 06-079 entitled, "A Resolution of the City Council ofthe City of Poway, California, Initiating a Specific Plan Amendment (SPA 84-01ZZZ) to the South Poway Specific Plan to Change the Land Use Designation on an Approximate One-Acre Property Located at 12875 Brookprinter Place from Light Industrial to Industrial Park APN: 317-224-23." Motion carried 4-0 with Council member Boyack absent. 5. Approval of Final Design on the Aubrev Park Concessions BuildinQ located at the northwest corner of Midland Road and Aubrey Street. APNs: 314-182-20,24, 33, 34, 35, 44, 46, 50 and 51. This project is associated with CUP 03-15/CUP 06- 02. (0210-30) Niall Fritz, Director of Development Services, presented the staff report. 8724 Page 5 - CITY OF POWAY - October 3,2006 At their meeting of August 1, 2006, the City Council requested that the final architectural elevations for the Aubrey Park concessions building be brought before the City Council for review. The final design is a 1 ,530-square-foot building that will house concessions, the permanent restrooms, and storage. The overall height of the building will be 15.5 feet. The building is a prefabricated structure and will incorporate architectural design features required by the Old Poway Specific Plan. Dee Fleischman, Poway, inquired of the composition of roof, roof extensions, windows and doors, but was pleased with the siting of the building and the color. Motion by Councilmember Emery and seconded by Councilmember Higginson to approve the final design as submitted. Motion carried 4-0 with Councilmember Boyack absent. 6. Consideration of a Temporary Parkina Lot Sales Event at Poway Chevrolet, located at 13742 Poway Road. APN: 317-130-56. (0210-60) Niall Fritz, Director of Development Services gave the staff report. On September 21,2006, the City received a Temporary Use Permit (TUP) application from Poway Chevrolet for a planned 31-day nationwide parking lot sales event that had already begun on September 15, 2006. The issuance of a TUP for a parking lot sale is required. Section 17.26.030E of the Zoning Ordinance allows parking lot sales to occur for a maximum of 5 days in any 50 calendar days. On November 30,2004, the City Council received a staff report on a potential amendment to the Poway Municipal Code concerning nationwide parking lot sales in commercial zones and whether or not they should be allowed more time than specified by the Municipal Code. The City Council directed staff to allow extensions of time for nationwide sales on a case-by- case basis subject to City Council review. In order to accommodate Poway Chevrolet's event, a TUP was processed and approved with a 20-day term and with the potential for an extension to October 15, 2006, subject to Council approval. There was no one present wishing to speak on this item. Motion by Deputy Mayor Rexford and seconded by Council member Higginson to direct staff to issue the temporary use permit for a 31-day parking lot sale as provided in the Zoning Ordinance. Motion carried 4-0 with Council member Boyack absent. CONSENT CALENDAR Motion by Councilmember Emery and seconded by Deputy Mayor Rexford to approve the Consent Calendar consisting of items 7, 8, and 10 through 13 as submitted. Motion carried 4- o with Council member Boyack absent. 7. Ratification of Warrant Reaisters for the periods of August 28 through September 1,2006 and September 4 through September 8,2006. (0475-20) 8725 Page 6 - CITY OF POWAY - October 3,2006 8. Approval of Minutes - City Council September 5, 2006 Regular Meeting September 7, 2006 Canceled Adjourned Regular Meeting September 12, 2006 Regular Meeting 10. Approval of City's Investment Report as of August 31, 2006. (0450-80) 11. Receive and file the status report for Conditional Use Permit 00-17M; Resurrection Community Church, Applicant, located at 12730 Elmpark Lane. APN: 317-640-52 (0210-30) 12. Approval of appropriation of fundina in the amount of $5,000 from the General Fund for Safety Services equipment expenditures for FY 2006-07 for the San Diego County Office of Emergency Services (OES) - Community Emergency Response Team (CERT) Program. These funds will be repaid from the OESICERT grants. (0490-51) 13. Adoption of Resolution No. P-06-45, entitled: "A Resolution of the City Council of the City of Poway, California Approving Temporarv Use Permit 06-75 to hold the annual Train Song Festival at Old Poway Park, located at 14134 Midland Road, on Saturday, October 7,2006, from 10:00 a.m. to 4:00 p.m. and from 7:00 p.m. to 9:00 p.m. APN: 314-202-19." (0210-60) CITY MANAGER ITEMS 14. City Manager Gould announced that invitations will be mailed to all households inviting residents to attend a series of roundtable meetings to gather input on a Town Center for Poway. Meetings are set for October 21, 23, 24 and 25. ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:32 p.m. o ~~a;d:b" CI,~ City of Poway, California 8726