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CC 2007 01-02 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JANUARY 2, 2007 The January 2,2007, 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 Robert Clark Jim Howell Dena Fuentes Tina White Kevin Kitch Todd E. Frank Frank Casteleneto Patti Brindle Kristen Crane Paolo Romero City Manager Assistant City Manager City Attorney City Clerk Director of Development Services Director of Community Services Director of Public Works Director of Redevelopment Services Director of Administrative Services Division Chief, Safety Services Sheriff's Captain City Engineer City Planner Assistant to the City Manager Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Boyack led the pledge of allegiance. CITY COUNCILMEMBER ANNOUNCEMENTS A. Poway Bob's Restaurant Review. Councilmember Emery reviewed the Pamir Kabob House Restaurant located at 12378 Poway Road. Councilmember Rexford announced her attendance at a breakfast honoring the Sheriffs Senior Volunteers and thanked them for their dedicated service. PRESENTATIONS · Mayor Cafagna presented Certificates of Recognition to Jessica Howe, Lindsey McAtee, Kristen Pittard, Sorelle Sedej, Julia Thead and Sara Thead, of the Poway High School Girls Team, and to Head Coach Karen Brannon, who won the CIF Girls Golf State Championship on November 14, 2006. 8778 Page 2 - CITY OF POWAY - January 2,2007 · Mayor Cafagna congratulated City Manager Rod Gould for his first year of service with the City. 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: Frank DeFrancesco, Poway, asked for an investigation into the issuance of Encroachment Permit No. 05-01. CONTINUED PUBLIC HEARINGS 1. Ordinance No. 648, Second Reading, entitled: "An Ordinance of the City of Poway, California, Amending Portions of Chapter 15.24 the Poway Fire Code, which Adopts by Reference the California Fire Code, 2001 Edition, and Chapter 9.12 of the Poway Municipal Code Concerning Firearms, Fireworks and Explosives." (Continued from December 19, 2006, Item #2) (0360-90) City Clerk Diane Shea presented the staff report. On December 19, 2006, the City Council introduced and held the first reading of Ordinance No. 648. All Councilmembers were present at the first reading with the exception of Deputy Mayor Boyack and Councilmember Rexford. Public testimony was received from one person. There was no one from the public wishing to speak on this item. Motion by Council member Rexford, seconded by Councilmember Emery, to close the public hearing; waive further reading and adopt Ordinance No. 648. Motion carried unanimously by roll call vote. PUBLIC HEARINGS 2. A. Ordinance No. 649, First Reading, entitled: "An Ordinance of the City of Poway, California, Approving Specific Plan Amendment (SPA) 84-D1WWW 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 APNs: 323-091-06 and 323-482-12;" B. Approval of a Tentative Parcel Map (TPM) 06-04 for a 4-lot subdivision of the site; C. Approval to grade manufactured slopes over 30-feet in height on the property generally located at the southeast corner of Scripps Poway Parkway and Gateway Place. Slough Estates, USA, Applicant. APN: 323- 091-06 and 323-482-12 (0220-60) 8779 Page 3 - CITY OF POWAY - January 2,2007 Mayor Cafagna opened the public hearing. Director of Development Services Niall Fritz gave the staff report. This is a request for an amendment to the South Poway Specific Plan involving a change in land use designation on an approximate 23-acre portion of the site located at the southeast corner of Scripps poway Parkway and Gateway Place from Open Space/1 Dwelling Unit to Industrial Park, a change in land use designation on another approximate 21-acre portion of the site from Open Space/1 Dwelling Unit to Open Space; and a 4-lot subdivision of the site. Additionally, the applicant is requesting approval to construct manufactured slopes with a height of over 30 feet, up 140 feet, on the south side of the site. A notable component of the project is that it will ultimately provide the easterly extension of Kirkham Way to a new signalized intersection with Scripps Poway Parkway as required by the South Poway Specific Plan and the construction of up to 600,000 square feet of office or light industrial space and 20,000 square feet of commercial space on the site. This proposal was the subject of Pre-Development Conference 05-01, which was discussed at two City Council Workshops, on May 10, 2005 and September 12, 2006. In response to the City Council comments on the item at the workshops, the applicant has made revisions to the project. The Specific Plan Amendment was initiated by the City Council at the October 17, 2006 meeting. Andrew Kean, Poway, objected to the project and requested an EIR be required. Motion by Councilrnember Higginson, seconded by Mayor Cafagna, to waive further reading of the ordinance and continue the public hearing to January 16, 2007 for second reading of the Ordinance for SPA 84-01WWW, approval of the Mitigated Negative Declaration and Tentative Parcel Map 06-04 with the additional wording to Condition H-20 of the Resolution as follows: "The HRMP shall include a detailed monitoring component, with a monitoring term to last a minimum of five (5) years, and shall identify habitat restoration performance criteria. Provisions shall be made in the HRMP for extension of the monitoring term should performance criteria not be met." Motion carried 3-2 with Councilmembers Emery and Rexford voting "no." STAFF REPORTS 3. Evaluation of the Pilot Proaram revising the City Council meeting schedule and determination of the future meeting schedule. (0710-90) City Clerk Diane Shea gave the staff report. At its September 20, 2005 meeting, the City Council discussed reducing the number of regularly scheduled City Council meetings per month as the need for weekly meetings has declined since the City's incorporation 26 years. The Council directed staff to implement a pilot program reducing the number of meetings to the first, second and third Tuesdays of the month, and canceling any subsequent Tuesday meetings and the Thursday workshop meeting. The first and third Tuesday meetings were to be regular City Council meetings and the second Tuesday was to be a workshop format. The pilot program ran from February through December 2006. Dee Fleischman, Poway, objected to the reduced meeting schedule. 8780 Page 4 - CITY OF POWAY - January 2,2007 Motion by Councilmember Emery, seconded by Councilmember Higginson directing staff to implement a revised regular meeting schedule on a permanent basis to hold regular City Council meetings on the first, second and third Tuesdays of the month; to place an item on the February 6,2007 City Council meeting agenda for first reading of an ordinance amending Poway Municipal Code Section 2.18.040 relating to the City Council meeting schedule; and approved the following changes to the 2007 meeting schedule: Reschedule the meeting of April 17, 2007 to April 24, 2007 due to the Poway Unified School District Spring Break; hold a regular meeting on September 4, 2007, the week of the League of California Cities Annual Conference (Sept. 5-8, 2007); hold a regular meeting on Election Day, November 6, 2007; reschedule the November 20,2007 meeting to November 27,2007 due to the Thanksgiving Holiday; and to not cancel any meetings for a summer schedule. Motion carried unanimously. CONSENT CALENDAR Motion by Deputy Mayor Boyack, seconded by Council member Rexford to approve the Consent Calendar, Items 4,5,8, and 10-16. Motion carried unanimously. 4. Ratification of Warrant Reaisters for the periods of November 27 through December 1, and December 4 through December 8, 2006. (0475-20) 5. Approval of Minutes - City Council December 5, 2006 Regular Meeting December 7,2006 Canceled Adjourned Regular Meeting December 12, 2006 Canceled Regular Meeting December 19, 2006 Regular Meeting 8. Approval of Citv's Investment Report as of November 30, 2006. (0450-80) 10. Adoption of Resolution No. 07-001, entitled: "A Resolution ofthe City Council of the City of Poway, California, Designating Voting Delegate and Alternates to the California Joint Powers Insurance Authoritv (CJPIA) and Rescinding Resolution No. 06-060." (0140-10) 11. Adoption of Resolution No. 07-002, entitled: "A Resolution ofthe City Council of the City of Poway, California, Commending Eaale Scout Robert Nicholas Enaland." (0710-40) 12. Approval of a Communitv Contribution in the amount of $500 for the Poway High School Museum of Tolerance and Understanding Field Trip Program. (0160-10) 13. Adoption of Resolution No. 07-003, entitled: "A Resolution of the City Council of the City of Poway, California, Establishing a No Parkina Zone Alona the North Side of Oak Knoll Road Just South of Poway Road." (0860-10) 14. Acceptance of Aubrev Park Phase 2 Proiect (#5657) from Western Rim Constructors, Inc. (0700-10) 8781 Page 5 - CITY OF POWAY - January 2,2007 15. Acceptance of the 2006-2007 Seal Coat Proiect (#407 -4320) from Roy Allan Slurry Seal, Inc. (0700-10) 16. Approval of Assianment of Lease for the Operations of the Lake Poway Concession from Lake Poway Concessions, Inc., to Tom and Monique Wituschek. (0700-10) MAYOR AND CITY COUNCIL-INITIATED ITEMS 21. COUNCILMEMBER EMERY A. Consider opposing the Foothill-South Corridor/State Route 241 Toll Road. (Continued from December 19, 2006) (0150-20) Motion by Councilmember Emery to oppose the toll road through San Onofre State Beach. Motion died for lack of a second. 23. MAYOR CAFAGNA A. Council concurrence for the reappointment of Mayor Cafagna as a member to SANDAG. Mayor Cafagna recused himself from this item and left Council Chambers. Motion by Councilmember Higginson, seconded by Councilmember Emery, reappointing Mayor Cafagna as a member to SANDAG. Motion carried 4-0, with Mayor Cafagna absent. B. Council concurrence for the reappointment of Councilmember Emery as an alternate to SANDAG. Councilmember Emery recused himself from this item and left Council Chambers. Motion by Deputy Mayor Boyack, seconded by Councilmember Rexford, reappointing Councilmember Emery as an alternate member to SANDAG. Motion carried 4-0, with Councilmember Emery absent. C. Council concurrence for the reappointment of Councilmember Higginson as an alternate to SANDAG. Councilmember Higginson recused himselffrom this item and left Council Chambers. Motion by Councilmember Rexford, seconded by Deputy Mayor Boyack, reappointing Councilmember Higginson as an alternate member to SANDAG. Motion carried 4-0, with Councilmember Higginson absent. 8782 Page 6 - CITY OF POWAY - January 2,2007 D. Council concurrence for the reappointment of Council member Emery as member to the MTS Board. Council member Emery recused himself from this item and left Council Chambers. Motion by Deputy Mayor Boyack, seconded by Councilmember Rexford, reappointing Councilmember Emery as member to the MTS Board. Motion carried 4-0, with Councilmember Emery absent. E. Council concurrence for the reappointment of Mayor Cafagna as an alternate to the MTS Board. Mayor Cafagna recused himself from this item and left Council Chambers. Motion by Councilmember Higginson, seconded by Councilmember Emery, reappointing Mayor Cafagna as an alternate member to the MTS Board. Motion carried 4-0, with Mayor Cafagna absent. (0140-10) ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:16 p.m. ,~'h]~L€cJ~ L. Diane ea, City Clerk City of Poway, California 8783