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CC 2006 10-17 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING OCTOBER 17, 2006 The October 17, 2006, Regular Meeting of the City Council ofthe City of Poway, was called to order at 7:05 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 Niall Fritz Jim Howell Ingrid Alverde Tina White Jon Canavan Dave Corn Patti Brindle Frank Casteleneto Peter Moote Kristen Crane Paolo Romero City Manager Assistant City Manager Interim City Attorney City Clerk Director of Development Services Director of Public Works Redevelopment Services Housing Program Manager Director of Administrative Services Division Chief, Safety Services Sheriff's Lieutenant City Planner City Engineer Assistant Director of Administrative Services Assistant to the City Manager Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Rexford led the pledge of allegiance. CITY COUNCILMEMBER ANNOUNCEMENTS A. Poway Bob's Restaurant Review. Council member Emery gave a review of Aiberto's Restaurant on Poway Road at Silverlake noting its excellent Mexican food. Council member Boyack recognized Poway was represented in Water Monitoring Day; and announced the kick-off of the Poway Community Leadership Institute with 24 participants. Deputy Mayor Rexford praised the Fire Department's 21st Open House event on Saturday. She further indicated the bronze sculptures of the pioneer woman and the mountain lion are nearing completion. PRESENTATIONS Presentation of 20-year Service Award to James Kruse, Fire Engineer. Jon Canavan, Division Chief of Safety Services, along with Mayor Cafagna, presented the service award to James Kruse and thanked him for his 20 years of service to the City. 8730 Page 2 - CITY OF POW A Y - October 17, 2006 Presentation of Certificate of Appreciation to David Churchill, past member of the Redevelopment & Housing Advisory Committee (Councilmember Emery's appointment). Councilmember Emery presented the Certificate to Mr. Churchill and thanked him for his many years of volunteer service on the committee. Presentation of Proclamations to Jeff Mangum and Penny Ranftle, Poway Unified School District Board Members, and Nicole Wahab, Education Director with PUSD, proclaiming October 23-27, 2006 as Red Ribbon Week and the week of October 15-21, 2006 as Character Countsl Week. Mayor Cafagna presented the proclamations. 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: John Ramirez, Poway, announced he is a candidate for Poway Unified School District Board, and alleged campaign finance violations by board member Penny Ranftle. He asked the City Council for a vote of "no confidence" in her. Peggy Lester, Poway, spoke on the agreement with relocatees of Haley's Trailer Ranch, and submitted a September 21, 1990 letter to the Haley Ranch residents from the City. Karen Knecht, Poway, said campaign signs are being unlawfully removed from their sites, and has contacted the San Diego Sheriff's Department and the State. Val Derkach, Poway, inquired why EDCO has not been picking up green yard waste in the neighborhood where he resides for the past 12 months. CONTINUED PUBLIC HEARINGS 1. Ordinance No. 644 - Second reading, entitled: "An Ordinance of the City of Poway, California, Amending Chapter 2.12 of the Poway Municipal Code Regarding Emergency Services." (0320-10) City Clerk, Diane Shea, presented the staff report. On October 3, 2006, the City Council introduced and had first reading of Ordinance No. 644. All Councilmembers were present at first reading, except Councilmember Boyack. No public testimony was given at that time. There was no one from the public wishing to speak. Motion by Councilmember Emery and seconded by Deputy Mayor Rexford to close the public hearing, waive further reading and adopt Ordinance No. 644, entitled, "An Ordinance of the City of Poway, California, Amending Chapter 2.12 of the Poway Municipal Code Regarding Emergency Services." Motion carried 5-0 by a roll call vote. 8731 Page 3 - CITY OF POWAY - October 17, 2006 PUBLIC HEARINGS 2. Implementation of Water and Sewer Rate Increases adopted by the City Council on July 18, 2006, in Compliance with Proposition 218. (0490-15) Mayor Cafagna opened the public hearing. Lisa Foster, Interim City Attorney, stated that on July 24, 2006, approximately one week after the City Council's adoption of the new water and sewer rates, the California Supreme Court published a decision, commonly known as "Proposition 218," that consumption-based rates such as water and sewer rates are subject to the notice and hearing requirements of the California Constitution. This public hearing is being held in order to ensure that the City's new water and sewer rates are in compliance with the new law before they are implemented. Tina White, Director of Administrative Services addressed commonly asked questions as seen in the protest letters received. She gave an overview of the City's sewer and water rates and how they are adjusted each year corresponding with the normal annual rate adjustments made by San Diego Metropolitan Sewer, the provider paid by the City for processing its wastewater, and the Metropolitan Water District and San Diego County Water Authority, paid by the City for the supply of raw water. An increase in these costs along with the normal annual increases in the City's fixed costs for the collection and transport of wastewater and water utility operations have resulted in the proposed increase in the rates. The revenue from the City's sewer charges and water charges are used exclusively for the recovery of costs associated with providing the services and to fund the maintenance of the systems. The following people spoke in opposition of the increased fees: R. Schiehler, Poway Dana Valade, Poway Joseph Haddaka, Poway Douglas LaLonde, poway Dee Fleischman, Poway Mike Fry, Poway The City Council received public input and accepted all written protests against water and/or sewer rate increases from the affected City property owners. The City Clerk reported that a total of 395 written protests were received which does not constitute a majority protest against the water and/or sewer rate increases adopted July 18, 2006 by Ordinance Nos. 639 and 640. Motion by Council member Emery and seconded by Deputy Mayor Rexford to approve the implementation of the previously imposed water and/or sewer rate increases adopted July 18, 2006 by Ordinance Nos. 639 and 640 beginning with the November 1 , 2006 billing cycle, and ratified Ordinance 601, Ordinance 602, Ordinance 622 and Ordinance 623 for water and sewer rate increases previously approved in 2004 and 2005, and further directed staff to: 8732 Page 4 - CITY OF POWAY - October 17, 2006 Item 2 motion continued: a. Investigate other means of calculating sewer rates for residential customers including flat rate, taking single winter consumption vs. 3 year average, separate rate for senior residents, and review water conservation efforts. b. Investigate expansion of reclaimed water system in additional areas. c. Audit the City's own operational costs. d. Review an improved public notice process to include easier to understand information. Motion carried unanimously. Council directed staff to schedule City Council review in early 2007 prior to the regular rate review process. 3. Ordinance No. 645, First reading, entitled: "An Ordinance of the City of Poway, California, Approving a Specific Plan Amendment (SPA 84-0 1 ZZZ) to the South poway Specific Plan to Change the Land Use Designation on a Developed, Approximately One-Acre Property Located at 12875 Brookprinter Place from Light Industrial to Industrial Park, APN: 317-224-23." Bothwell International Ltd., Applicant. (0220-60) Mayor Cafagna opened the public hearing and Niall Fritz presented the staff report. This is a request to amend the Land Use Designation of properties located in the South Poway Business Park from Light Industrial (L1) to Industrial Park (IP). The IP designation provides for a broader range of office uses, which are desired in the Business Park. The developed property is approximately one acre. The site is located in an area containing a mix of light industrial and office uses. Adequate parking is provided through a combination of on-site parking and off-site parking adjacent to the site by a shared parking agreement. The property is appropriate for the I P land use designation. SPA 84-01ZZZ was initiated by City Council Resolution 06-079 on October 3, 2006. Neville Bothwell, applicant, spoke in support of the land use designation change. Motion by Councilmember Emery and seconded by Deputy Mayor Rexford to introduce the ordinance by title only; waive further reading; and continue the public hearing to November 14, 2006 for second reading and adoption. Motion carried unanimously. 4. Fundina Allocation for FY 2007-08 Community Development Block Grant Proaram for the following projects: (1) HomeShare and Community Connections Program, (2) CDBG Residential Rehabilitation Program, (3) ADA Public Facility Improvements. (0250-10) Ingrid Alverde, Housing Program Manager, presented the staff report. The City of Poway is awarded an annual allocation of Community Development Block Grant (CDBG) funds from the United States Department of Housing and Urban Development (HUD) through the County of San Diego. This report proposes a plan for the use of the FY2007-08 funding that will be available in Summer 2007. This hearing provides an opportunity for public input in accordance with CDBG guidelines. 8733 Page 5- CITY OF POWAY - October 17, 2006 There was no one from the public wishing to speak. Motion by Councilmember Emery and seconded by Deputy Mayor Rexford to close the public hearing, and allocate $193,625 in funding projects: (1) HomeShare and Community Connections Program, $40,000 (#5961); (2) CDBG Residential Rehabilitation Program, $53,6254 (#5971); (3) ADA Public Facility Improvements, $100,000; and authorize the City Manager to execute contracts with the County of San Diego for management and implementation of the CDBG projects. Motion carried unanimously. 5. Conditional Use Permit 06-08; M&M Telecom (for Cricket Communications), Applicant. A request to allow the installation of a telecommunications facility on an existing water tank, located at 13472 Celestial Road, east of Pomerado Road, in the Residential Single Family 4 (RS-4) zone. APN: 317-680-36. (0210-30) Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development Services presented the staff report. This is a request to install a telecommunications facility on an existing water tank, located in the Residential Single Family 4 (RS-4) zone at 13472 Celestial Road, east of Pomerado Road. The facility consists of three antennas that will be mounted on the exterior of the reservoir, and a ground-mounted enclosure. The proposed telecommunications facility will comply with the Federal Communications Commission design and operational standards, and City standards. There is one existing facility on the tank and another facility is proposed by Cingular. Bill Fay, Poway, is concerned with the electromagnetic energy from these facilities. Doug Munson, representing Cricket Communications, spoke in support ofthe project. Motion by Council member Emery and seconded by Council member Boyack to adopt Planning Resolution P-06-46, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 06-08 Assessor's Parcel Number 317-680-36" with conditions. Motion carried unanimously. 6. Conditional Use Permit 06-01; SRES, Inc. (for Cingular Wireless), Applicant. A request to allow the installation of a telecommunications facility on an existing water tank, which is located at 13472 Celestial Road, east of Pomerado Road, in the Residential Single Family 4 (RS-4) zone. APN: 317-680-36. (0210-30) Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development Services presented the staff report. This is a request to install a telecommunications facility on an existing water tank, located in the Residential Single Family 4 (RS-4) zone at 13472 Celestial Road, east of Pomerado Road. The facility consists of 12 antennas that will be mounted on the exterior of the reservoir, and a 14.5-foot by 11.5- foot ground-mounted enclosure. The proposed telecommunications facility will comply with the Federal Communications Commission design and operational standards, and City standards. There is one existing facility on the tank and another facility is proposed by Cricket Communications. There was no one present from the public wishing to speak. 8734 Page 6 - CITY OF POWAY - October 17, 2006 Motion by Council member Emery and seconded by Councilmember Boyack to close the public hearing and adopt Planning Resolution P-06-47, entitled, "A Resolution of the City Council ofthe City of Poway. California, Approving Conditional Use Permit 06- 01 Assessor's Parcel Number 317-680-36" with conditions. Motion carried unanimously. 7. Variance 06-07; Ralph and Lori Garofalo, Applicants. A request for a Variance approval to allow a 6-foot-high solid wall within the front yard setback when the maximum height permitted for a freestanding solid wall within the front yard setback in the zone is four (4) feet. The property is located at 12418 Grange Place, within the Creek Road Enclave Specific Plan. APN: 320-230-06. (0210-70) Mayor Cafa9na opened the public hearing. Niall Fritz, Director of Development Services, presented the staff report. The applicant is requesting a variance approval to allow a 6-foot-high solid wall within the front yard setback when the maximum height permitted for a freestanding solid wall within the front yard setback in the zone if four feet high. There was no one present from the public wishing to speak. Motion by Councilmember Emery and seconded by Councilmember Higginson to close public hearing, and adopt Planning Resolution P-06-48 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Variance 06-07 Assessor's Parcel Number 320-230-06" with conditions. Motion carried 4-0, with Deputy Mayor Rexford disqualifying herself due to a possible conflict of interest. 8. Variance 06-03/Minor Development Review Application 06-17; Ahmad Razaghi and Ahmad R. Razaghi, Applicants. A request to construct a 3,892-square-foot, two-story residence, on a 0.9-acre parcel located on Huntington Court within the Residential Single Family 2 (RS-2) zone. The applicants are also requesting a Variance approval to observe a 15-foot front yard setback when a 30-foot setback is required in the zone. APN: 321-011-25. (0210-70) Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development Services, presented the staff report. The applicant is requesting approval of V AR 06- 03 and MDRA 06-17, to allow the construction of a 3,892-square-foot, two-story residence on Parcel 1 of Parcel Map 10915, located on Huntington Court. The applicant is also requesting a Variance approval for the residence to observe a 15-foot front yard setback when a 30-foot setback is required in the zone. A Variance approval can be supported because the site experiences development constraints because the easterly half of the property is encumbered with an open space easement and sensitive riparian habitat. 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, and adopt Planning Resolution P-06-49 entitled: "A Resolution of the City Council of the City of Poway, California, Approving Variance 06-03 and MDRA 06- 17 Assessor's Parcel Number 321-011-25" with conditions. Motion carried unanimously. 8735 Page 7 - CITY OF POWAY - October 17, 2006 STAFF REPORTS 9. Initiation of Specific Plan Amendment (SPA) 84-o1WWW to the South Poway Specific Plan to change the Land Use Designation on property generally located at the southeast corner of Scripps Poway Parkway and Gateway Place; Slough Estates, Applicant. APN: 323-091-06 and 323-482-12. (0220-60) Niall Fritz, Director of Development Services, presented the staff report. The applicant is requesting an amendment to the South Poway Specific Plan (SPSP) land use map to change the Land Use Designation on a portion of the site from Open Space/1 Dwelling Unit (OS/1 DU) to Industrial Park (IP), and to change the Land Use Designation on the remaining portion of the site that is OS/1 DU to Open Space (OS). The site is approximately 150 acres and is located north and south of Scripps Poway Parkway. This proposal was the subject of Pre-Development Conference (PDC) 05- 01, which was discussed at two City Council workshops, on May 10, 2005, and on September 12, 2006. In response to City Council comments on the item at the 2005 workshop, the applicant made revisions to the project, which were then presented at the 2006 workshop. If SPA 84-01WWW is approved, entitlements would be processed that would enable the construction of approximately 600,000 square feet of light industrial and/or office space on the site. The project would provide the easterly extension of Kirkham Way to a new signalized intersection with Scripps Poway Parkway on the east side of the site, as required by the South Poway Specific Plan. Dee Fleischman, Poway, objected to any loss of open space. Motion by Mayor Cafagna and seconded by Council member Higginson to adopt Resolution 06-080, entitled: "A Resolution of the City Council of the City of Poway, California, Initiating a Specific Plan Amendment (SPA 84-01WWW) to the South Poway Specific Plan to Change the Land Use Designation on Property Located at the Southeast Corner of Scripps poway Parkway and Gateway Place APN: 323-091-06 and 323-482-12" with conditions. Motion carried 4-1 with Councilmember Emery voting "no." 10. Resident Satisfaction Survev Update. (0700-10) Kristen Crane, Assistant to the City Manager, and Paolo Romero, Management Analyst, presented the staff report. Earlier in 2006, the City of Poway conducted a Resident Satisfaction Survey to assess resident opinion and satisfaction with the qualify of life in Poway. The study also gauged views on specific City services and issues facing the community. This report provides a 6-month update on the City's efforts to utilize and respond to the survey. Upon completion of the survey, staff analyzed the information gamered and developed work plans to address the concerns expressed by residents. Many of the survey findings re-emphasized the importance of the work already in progress and validated some major projects that have commenced. The survey findings have been used to focus City efforts on the areas identified for improvement and enhancement. Additionally, results of the survey were discussed among all City employees and used by departments to identify goals and objectives for Fiscal Year 2006-07. 8736 Page 8 - CITY OF POWAY - October 17, 2006 Additional focus was highlighted in the areas of improved City communication with residents; repairing and maintaining local streets and roads; maintaining storm drains and channels for flood control; maintaining clean streets and neighborhoods; reducing traffic congestion; limiting residential growth and development; and providing affordable housing for working families. The City Council received and filed the report. CONSENT CALENDAR Motion by Deputy Mayor Rexford and seconded by Council member Higginson to approve the Consent Calendar consisting of items 11, 12, 15-20,24, and 26 as submitted. Motion carried unanimously. Items 22, 25 and 27 were removed from the Consent Calendar for discussion by members of the public. 11. Ratification of Warrant Reaisters for the periods of September 11-15 and September 18-22, 2006. (0475-20) 12. Approval of Minutes - City Council September 19, 2006 Regular Meeting September 26, 2006 Canceled Regular Meeting 14. Adoption of Resolution No. 06-081, entitled: "A Resolution ofthe City Council of the City of Poway, California, Orderina the Summarv Vacation (V AC 06-01) of an Offer of Right-of-Way in a Portion of Parcel 2 of Parcel Map No. 15531 APN: 321- 200-36. (0780-60) 15. Adoption of Resolution No. 06-082, entitled: "A Resolution ofthe City Council of the City of Poway, California, Adopting through Incorporation by Reference the Fair Political Practices Commission's Standard Conflict of Interest Code 2 California Code of Regulations Section 18730 and Rescinding Resolution No. 04- 092"; Adoption of Resolution No. R-06-o6, entitled: "A Resolution of the Poway Redevelopment Agency Adopting through Incorporation by Reference the Fair Political Practices Commission's Standard Conflict of Interest Code 2 California Code of Regulations Section 18730 and Rescinding Resolution No. R-04-11;'' Adoption of Resolution No. 06-083, entitled: "A Resolution ofthe City Council of the City of Poway, California, Approving the Poway Redevelopment Agency's Adoption through Incorporation by Reference the Fair Political Practices Commission's Standard Conflict of Interest Code 2 California Code of Regulations Section 18730 and the Amended List of Designated Positions Subject to the Reporting Requirements of the Agency's Conflict of Interest Code and Rescinding Resolution No. 04-093." (0720-30) 16. Approval of lease aareement with Cricket Communications for the installation and operation of a telecommunications facility at the Buehler Reservoir located at 14350 Danielson Street, Poway. APN: 323-491-05 (0700-70) 8737 Page 9 - CITY OF POWAY - October 17, 2006 17. Approval of lease aareement with New Cinaular Wireless PCS, LLC for the installation and operation of a telecommunications facility at Celestial Reservoir located at 13470 Celestial Road, Poway. APN: 317-680-36 (0700-70) 18. Approval of lease aareement with Cricket Communications for the installation and operation of a telecommunications facility at Celestial Reservoir located at 13470 Celestial Road, Poway. APN: 317-680-36 (0700-70) 19. Approval of lease aareement with Cricket Communications for the installation and operation of a telecommunication facility at Sagecrest Reservoir located at 12700 Sagecrest Drive, Poway. APN: 314-371-21 (0700-70) 20. Adoption of Resolution No. P-06-50, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Temporarv Use Permit 06-80 to Hold the Annual Poway Fall Fest Street Fair" on November 12, 2006 along Midland Road, between Poway Road and Hilleary Place. Chamber of Commerce, Applicant. (0210-60) 21. Disclosure of Purchase of Residence by City ManagerlExecutive Director in the paguay Redevelopment Project Area and certification of completed improvements constructed at APN: 314-690-26. (0700-10) 22. Adoption of Resolution No. P-06-51, entitled: "A Resolution of the City Council of the City of Poway, California, Rescinding Resolution No. P-03-o8 and Approvina a Modification to Comprehensive Sian Proaram (CSP) 92-01 M(2) Assessor's Parcel Numbers 317-820-01, 02, 03, 04, 05, 06, 07, 08 and 09" for Creekside Plaza located at 13409-13589 Poway Road. (0280-20) Dee Fleischman, Poway, asked that this item be removed from the Consent Calendar for discussion; and asked for protection of the trees, espeCially the roots, in and around the signs. Joe St. Lucas, Westgate Homeowners Association, voiced concerns of traffic safety. Motion by Council member Emery and seconded by Mayor Cafa9na to adopt the resolution with conditions as amended. Motion carried 5-0. . 23. Approval of the Sixth-Year Grant Recommendation for the Redevelopment Aaency's Capacity BuildinQ Fund and the appropriation of $410,550 from the Unappropriated Fund Balance in the Agency's Nonprofit Capacity building fund (472-8912) to project 5983A, with monies being disbursed to San Diego Interfaith Housing Foundation, Wakeland Housing and Development, Community HousingWorks and Trinity Housing Group. (0260-10) This item was removed from the Consent Calendar by a member of the public for discussion. 8738 Page 10 - CITY OF POWAY - October 17, 2006 Ed Carboneau, Poway, stated the Haley Ranch management plan is not being adhered to and reported that there are a lack of needed handrails. Motion by Council member Emery and seconded by Councilmember Higginson to approve the Sixth-Year Grant Recommendation for the Redevelopment Agency's Capacity Building Fund and the appropriation of $410,550 from the Unappropriated Fund Balance in the Agency's Nonprofit Capacity building fund (472-8912) to project 5983A, with monies being disbursed to San Diego Interfaith Housing Foundation, Wakeland Housing and Development, Community HousingWorks and Trinity Housing Group. Motion carried unanimously. 24. Adoption of Resolution No. 06-084, entitled: "A Resolution ofthe City Council of the City of Poway, California, Adopting the TransNet Local Streets and Road Proaram of Projects for Fiscal Years 2007 and 2008." (0490-84) 25. Adoption of Resolution No. 06-085, entitled, "A Resolution ofthe City Council of the City of Poway, California, Adopting the City of Poway Records Manaaement Policv." (0170-90) This item was removed from the Consent Calendar by a member of the public. Dee Fleischman, Poway, suggested that audio recordings ofthe Council meetings be retained for a longer period of time. Motion by Deputy Mayor Rexford and seconded by Council member Emery to adopt the resolution as submitted. Motion carried unanimously. 26. Approval of the Poway Chamber of Commerce Visitor Services Proaram for FY 2006-07 with an appropriation of $38,500 from the Unappropriated General Fund Balance (100-8912) to the Visitor Services Program Fund (5973). (0490-85) 27. Award of Contract to Hilton Farnkopf & Hobson. LLC in the amount not to exceed $40,000, to conduct a traffic composition and volume study, and vehicle impact analysis. (0700-10) This item was removed from the Consent Calendar by a member of the public. Dee Fleischman, Poway, asked if Midland Road was included in this study. Staff responded affirmatively. Motion by Deputy Mayor Rexford and seconded by Council member Emery to award the contract as submitted. Motion carried unanimously. 8739 Page 11 - CITY OF POW A Y - October 17, 2006 CITY ATTORNEY ITEMS 29. Interim City Attorney requested a Closed Session on the following item: A. Public Employee Eyaluation and/or Appointment Government Code fi54957 Title: Interim City Attorney CLOSED SESSION Mayor Cafagna called for a Closed Session at 9:48 p.m. as requested by Interim City Attomey Foster. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 9:59 p.m. and reported that the City Council has voted unanimously to appoint Lisa Foster as City Attorney, removing "Interim" from her title. Mayor Cafagna adjourned the meeting at 10:00 p.m. in honor of former City of San Diego Council member George Stevens, who passed away earlier this week. ~~"~Cle~ City of Poway, California 8740