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CC 2006 12-05 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING DECEMBER 5, 2006 The December 5,2006, Regular Meeting of the City Council of the City of Poway, was called to order at 7:06 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 Tina White Mark Sanchez Todd E. Frank Frank Casteleneto Patti Brindle Kristen Crane Paolo Romero PLEDGE OF ALLEGIANCE City Manager Assistant City Manager City Attorney City Clerk Director of Development Services Director of Public Works Director of Redevelopment Services Director of Administrative Services Director of Safety Services Sheriff's Captain City Engineer City Planner Assistant to the City Manager Management Analyst Deputy Mayor Rexford led the pledge of allegiance. NOVEMBER 7. 2006 . GENERAL MUNICIPAL ELECTION 1. City Clerk's Certification of Election for the Poway Municipal Election held on November 7, 2006. Diane Shea, City Clerk, announced that the canvass of the November 7, 2006 General Election has been completed by the County of San Diego Registrar of Voters. Poway's General Municipal Election, which was consolidated with the County of San Diego General Election, was to elect one mayor and two city council members, each to a four-year term. Poway has 27,532 registered voters, 17,342 of which voted in the November election, a 63.32% turnout. The candidate for Mayor receiving the highest number of votes was Mickey Cafagna with 12,994. The two candidates for City Council receiving the highest number of votes were Don Higginson, with 10,030 votes, and Betty Rexford with 9,426 votes. Based on the official canvass of the County of San Diego Registrar of Voters, it is appropriate to adopt the resolution reciting the facts of the election as submitted. 8760 Page 2 - CITY OF POW A Y - December 5, 2006 Motion by Councilmember Emery, seconded by Deputy Mayor Rexford, to adopt Resolution No. 06-089, entitled, "A Resolution of the City Council of the City of Poway, California, Reciting the Fact of the General Municipal Election Held in Said City on November 7, 2006, Declaring the Results Thereof and Such Other Matters are Provided by Law." Motion carried unanimously. 2. Administration of Oath of Office to Mayor Cafagna and Councilmembers Higginson and Rexford by City Clerk Diane Shea. City Clerk Shea administered the Oath of Office to Mayor Cafagna and Councilmembers Higginson and Rexford. 3. Selection of Deputy Mayor for 2007. Mayor Cafagna asked for nominations for Deputy Mayor. Motion by Council member Emery, seconded by Deputy Mayor Rexford, selecting Council member Boyack as Deputy Mayor for 2007. Motion carried unanimously. CITY COUNCILMEMBER ANNOUNCEMENTS A. Poway Bob's Restaurant Review. Council member Emery reviewed the newly remodeled "Brig" restaurant and spoke highly of their new menu. Councilmember Higginson thanked his constituents and family for their support. Council member Rexford thanked the residents for having confidence in her and asked for their continued involvement with the City. She thanked her husband for his support. Deputy Mayor Boyack thanked the community for their involvement and voiced appreciation to the Council for their hard work in the City. Mayor Cafagna thanked the voters for entrusting this City Council to continue its work. He thanked his wife and family for their support. PRESENTATIONS · Presentation of 20-year Service Pin to Councilmember Don Higginson. Mayor Cafagna presented Councilmember Higginson with his 20-year service pin. . Presentation of 20-year Service Award to Kevin Hitchcock, Fire Captain (20 years). Mayor Cafagna and Safety Services Director Sanchez presented Mr. Hitchcock with his 20-year service award. · Presentation of 30-year Service Award to Garry MacPherson, Fire Division Chief (30 years). Mayor Cafagna and Safety Services Director Sanchez presented Mr. MacPherson with his 30-year service award. 8761 Page 3 - CITY OF POWAY - December 5,2006 . Recognition of Appreciation to Charlie Campe, Sheriff's Captain, for his dedicated service to the City of Poway. Mayor Cafagna and Safety Services Director Sanchez presented Sheriff's Captain Charlie Campe with the "Poway Plaque" for his dedicated service to the City. Mayor Cafagna welcomed Sheriff's Captain Todd E. Frank, who is taking over Captain Campe's responsibilities in the City of Poway. . Presentation of the New 1 OO-Foot Aerial Ladder Tractor-Truck and the New Fire Engine/Pumper Truck by Safety Services. Mayor Cafagna invited everyone to view the new trucks parked in front of Council Chambers during the break. RECEPTION The meeting recessed at 7:31 p.m. for a reception in honor of re-elected Mayor Cafagna and Councilmembers Higginson and Rexford. The meeting was reconvened at 7:53 p.m. 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: Jeff Figler, on behalf of the Chamber of Commerce, announced the Chamber's January Gala, and their current membership drive. Tom Farley and Scott Higley, Poway, spoke on the lighted Christmas tree they erect each year in Poway. Joe SI. Lucas, Poway, congratulated those re-elected to the City Council; suggested a complaint tracking system be implemented on the City's website; and announced he has been elected chair of the South Poway Residents Association who will be changing their name to include all interested parties in Poway. CONTINUED PUBLIC HEARINGS 4. Ordinance No. 646, Second 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." (Continued from November 14, 2006, Item #2) (0330-55) City Clerk Diane Shea presented the staff report. On November 14, 2006, the City Council introduced and held the first reading of Ordinance No. 646. All Council members were present at the first reading. Public testimony was received from one individual. Joe SI. Lucas, Poway, suggested permittees be required to keep permits available on site. 8762 Page 4 - CITY OF POWAY - December 5,2006 Motion by Council member Higginson, seconded by Councilmember Emery, to close the public hearing; waive further reading and adopt Ordinance No. 646. Motion carried unanimously by roll call vote. 5. Ordinance No. 647, Second Reading, entitled: "An Ordinance of the 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 (MDRA 06-19) Improvements to Espola Road;" and, Environmental AssessmentlHillside/Ridaeline-Minor Development Review Application IMDRAl 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 corner of the intersection of Poway Grade and Espola Road. APNs: 321-260-27, 22, 321-271-06 and 321-420-15. (Continued from November 14, 2006 Item #3) (0200-25) City Clerk Diane Shea presented the staff report. On November 14, 2006, the City Council introduced and held the first reading of Ordinance No. 647 and considered Environmental Assessment! Hillside Ridgeline-Minor Development Review Application 06-19. All Councilmembers were present at the first reading. Public testimony was received from seven individuals. A 4/5 vote of the City Council is required for passage of the ordinance. There was no one present from the public wishing to speak on this item. Motion by Council member Emery, seconded by Deputy Mayor Boyack, to close the public hearing; waive further reading, adopt Ordinance No. 647 entitled, "An Ordinance of the 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 (MDRA 06-19) Improvements to Espola Road", approve the Mitigated Negtative Declaration, and adopt Planning Resolution No. P-06-58, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Hillside/Ridgeline Minor Development Review Application 06-19 APNs: 321-260-27, 22,321-271-06 and 321-420-15." Motion carried unanimously by roll call. PUBLIC HEARINGS 6. Environmental Assessment lEAl 06-04: Acauisition of property located on the west side of York Avenue south of Aubrey Street, in the Rural Residential C (RR- C) zone and the 1 OO-year f100dway Floodplain and Floodway zone of Rattlesnake Creek. APN: 314-201-35 (0780-08) 8763 Page 5- CITY OF POWAY - December 5,2006 Mayor Cafagna opened the public hearing. Dena Fuentes, Director of Development Services and Deputy Executive Director of the Poway Redevelopment Agency, 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 the sale. Staff conducted site due diligence on the 0.53-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. No recognized environmental conditions were found on the subject parcel and no demolition activities are needed to clean and maintain the vacant land. There was no one present from the public wishing to speak on this item. Motion by Council member Higginson and seconded by Council member Rexford to close the public hearing and adopt Planning Resolution No. P-06-59 entitled: "A Resolution of the City Council of the City of Poway, California, Approving Environmental Assessment 06-04, Acquisition of Property on the West Side of York Avenue Assessor's Parcel Number 314-201-35;" authorized the expenditure of $157,800 for the purchase of APN 314-201-35; and authorized the City Manager/Executive Director to execute the documents necessary to complete the acquisition. Motion carried unanimously. 7. Consideration of the Appropriation for the Citizen's Option for Public Safety (COPS) Proaram. (0480-40) Motion by Council member Emery, seconded by Councilmember Higginson to continue the public hearing to December 19, 2006 due to a noticing error of the public hearing. Motion carried unanimously. 8. Conditional Use Permit (CUP) 06-12. M&M Telecom, LLC (for Cricket Communications), Applicant. A request for approval to allow the installation of a telecommunications facility on a developed residential property. The property is located at 14264 Tierra Bonita Road, south of Poway Road, in the Rural Residential A (RR-A) zone. APN 321.191-27. (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 fifth telecommunications facility, consisting of antennas to be mounted on a 25-foot-high pole and ancillary ground-mounted equipment in an existing equipment enclosure. The antennas will not be readily visible to the public. This item was considered by the City Council at the September 12, 2006 Council workshop meeting. The proposed telecommunications facility will comply with the Federal Communications Commission design and operational standards, and City standards. Ja'Nelle Rose, Poway, voiced concerns about wildlife safety. 8764 Page 6 - CITY OF POW A Y - December 5, 2006 Doug Munson, Cricket Communications, spoke in support of the permit. Motion by Councilmember Emery, seconded by Councilmember Higginson to close public hearing and adopt Planning Resolution No. P-06-60 as amended, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 06-12 Assessor's Parcel Number 321-191-27," Motion carried unanimously. CONSENT CALENDAR Motion by Council member Higginson and seconded by Council member Rexford to approve the Consent Calendar, Items 9-11, 13-16, 18-20.1. Motion carried unanimously. Item 17 was removed from the Consent Calendar at the request of a member of the public for discussion 9. Ratification of Warrant Reaisters for the periods of October 23 through October 27,2006 and October 30 through November 3,2006. (0475-20) 10. Approval of Citv's Investment Report as of October 31, 2006. (0450-80) 11. Approval of Minutes - City Council November 14, 2006 Special Meeting November 14, 2006 Regular Meeting November 21, 2006 Canceled Regular Meeting November 28, 2006 Canceled Regular Meeting 13. Approval of Appointments to the Poway Tree Committee. (0120-90) (0740-75) 14. Approval of Local Appointments List (Maddy Act) for 2007. 15. (a). Adoption of Resolution No. 06-090, entitled "A Resolution of the City Council of the City of Poway, California, Commending Eaale Scout David Dransfield"; and (b). Adoption of Resolution No. 06-091, entitled "A Resolution of the City Council of the City of Poway, California, Commending Eaale Scout Andrew Henry"; and (c). Adoption of Resolution No. 06-092, entitled "A Resolution of the City Council of the City of Poway, California, Commending EaQle Scout Jason Jeraensen"; and (d). Adoption of Resolution No. 06-093, entitled "A Resolution of the City Council of the City of Poway, California, Commending Eaale Scout A.J. Neuenswander"; and (e). Adoption of Resolution No. 06-094, entitled "A Resolution of the City Council of the City of Poway, California, Commending Eaale Scout Michael McBrearty"; and 8765 Page 7 - CITY OF POWAY - December 5,2006 (f). Adoption of Resolution No. 06-095, entitled "A Resolution of the City Council of the City of Poway, California, Commending EaQle Scout Jordan Preston. (0710-40) 16. Adoption of Resolution No. P-06-61, entitled "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 06-93 to hold "Christmas in the Park 2006" at Old Poway Park" on Saturday, December 9,2006 from 4:30 p.m. to 8:30 p.m. The park is located at 14134 Midland Road. APN: 314-202-19 (0210-60) 17. Approval of Briahton Avenue Affordable Housina Development - Exclusive Neaotiation Aareement between the Poway Redevelopment Agency and Brighton Avenue Interfaith Housing Corporation. (0700-10) This item was removed from the Consent Calendar at the request of a member of the public for discussion. Dee Fleischman, Poway, the requested public be notified in an area larger than the 500 foot radius of the project area. Motion by Councilmember Higginson, seconded by Councilmember Emery, to approve the item as submitted. Motion carried unanimously. 18. Award of Bid to Bedco Truck Eauipment in the amount of $64,360.16 for the construction and installation of three truck beds. (0480-40) 19. Approval of a Communitv Contribution in the amount of $500 for the Poway 4-H Club. (0160-10) 20. Approval of a Communitv Contribution in the amount of $1,500 for the poway Lacrosse Foundation. (0160-10) 20.1 Approval of Contract with Vision Internet in the amount not to exceed $89,000 for website implementation and authorization for the City Manager to execute the necessary documents. (0700-10) CITY MANAGER ITEMS 21. Mr. Gould, on behalf of City staff, offered congratulations to Mayor Cafagna, Council member Rexford and Council member Higginson and to all those participating in the November ih election, including the 17,342 Poway voters, indicating that local representative democracy is alive and well in the City. MAYOR AND CITY COUNCIL-INITIATED ITEMS 26. Council member Rexford presented a plaque of appreciation she received on behalf of the City Council from the Toastmasters organization for 30 years of City support. 8766 Page 8 - CITY OF POWAY - December 5,2006 ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:33 p.m. 0~~~~Cle~ City of Poway, California 8767