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CC 2007 02-06 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING FERUARY 6, 2007 The February 6, 2007, Regular Meeting of the City Council of the 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. COUNCILMEMBERS PRESENT Bob Emery, Don Higginson, and Mickey Cafagna COUNCILMEMBERS ABSENT Merrilee Boyack and Betty Rexford STAFF MEMBERS PRESENT Penny Riley Lisa A. Foster Diane Shea Niall Fritz June Dudas Jim Howell Dena Fuentes Tina White Mark Sanchez Todd E. Frank Frank Casteleneto Patti Brindle Kristen Crane Paolo Romero PLEDGE OF ALLEGIANCE Assistant City Manager City Attorney City Clerk Director of Development Services Community Services Manager Director of Public Works Director of Redevelopment Services Director of Administrative Services Director of Safety Services Sheriffs Captain City Engineer City Planner Assistant to the City Manager Management Analyst Mayor Cafagna led the pledge of allegiance. CITY COUNCILMEMBER ANNOUNCEMENTS · Councilmember Emery provided Poway Bob's Restaurant Review on Cin Cin Restaurant, formerly Italia Mia, in the Target Shopping Center, noting its excellent food. · Councilmember Emery praised Lake Poway staff and the Park Rangers for a successful Youth Fishing Derby held last weekend. · Mayor Cafagna commended the Board of Realtors for their voluntary action to discontinue placement of directional real estate signs on street corners. · Mayor Cafagna welcomed Boy Scout Troup 601 present in Council Chambers. 8799 Page 2 - CITY OF POWAY - February 6,2007 PRESENTATIONS · Mayor Cafagna welcomed Poway's First Baby of 2007, Eliana Noelle Martinez, joined by sister Elisa and brother Daniel, and presented parents Manny and Amy Jane Martinez with a certificate and a $100 savings bond. 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: Roger Willoughby, Poway, spoke on problems with his building permit. CONTINUED PUBLIC HEARINGS 1. A. Ordinance No. 650, Second Reading, entitled: "An Ordinance ofthe City of Poway, California, Changing the Zoning Classification of Certain Properties (ZC 06-01) APN: A Portion of 321-110-02;" B. General Plan Amendment (GPA) 06-01 to change the existing General Plan Land Use designation of the site from RR-A to Planned Community (PC) to allow for the development with one-net-acre minimum lot sizes in a "clustered" configuration; C. Specific Plan Amendment (SPA) 89-01A to amend the Old Coach Golf Estates Specific Plan to incorporate the 122.5-acre site into the Specific Plan boundary; and, D. Tentative Tract Map (TIM) 06-02 to re-subdivide the five parcels into five "numbered" residential lots, which range in size from approximately one net acre to 3.5-net acres, and 2 "lettered" lots; one approximately 0.75- acre lot for the private road and one approximately 111-acre lot for the purpose of permanently preserving existing natural open space area. Sunroad Enterprises, Applicant. APNs: 277-071-05, 14,15, 16 and 277- 080-04. (0220-60) At its January 16, 2007 meeting, the City Council introduced and had first reading of Ordinance No. 650, and considered the General Plan Amendment, Specific Plan Amendment and Tentative Track Map. The applicant submitted a request to continue this matter to the March 13, 2007 City Council meeting. There was no one present from the public wishing to speak on this item. Motion by Councilmember Emery and seconded by Council member Higginson to continue second reading of the ordinance to the March 13, 2007 City Council meeting. Motion carried 3-0 with Deputy Mayor Boyack and Councilmember Rexford absent. 8800 Page 3 - CITY OF POWAY - February 6,2007 2. Ordinance No. 651, First Reading, entitled: "An Ordinance of the City of Poway, California, Amending Chapter 2.18 of the Poway Municipal Code by the Amendment of Section 2.18.040 Changing the Time and Place of Regular City Council Meetings and Amending Section 2.18.070 Concerning the Order of Business on the Agenda." (0710-90) Diane Shea, City Clerk, presented the staff report. At its January 2, 2007 meeting, the City Council directed staff to prepare an ordinance amending the City of Poway Municipal Code, Chapter 2, implementing a revised regular City Council meeting schedule to the first three Tuesdays of the month. The proposed ordinance also amends Section 2.18.070 to include "City Councilmember Announcements" in the order of business on the agenda. There was no one present from the public wishing to speak on this item. Motion by Councilmember Emery and seconded by Council member Higginson to waive further reading of the ordinance and continue the public hearing to February 20, 2007, for second reading and adoption of the ordinance; and further, to cancel the regular meetings of July 3, 2007 and August 21, 2007 as part of the summer schedule. Motion carried 3-0 with Deputy Mayor Boyack and Councilmember Rexford absent. 3. Minor Conditional Use Permit (MCUP) 02-01 and Revision to Minor Development Review Application (MDRA) 01-95R; Poway Chevrolet, Applicant. A request to legalize four existing seatainers, a covered auto detailing area, and an existing legal nonconforming repair facility in conjunction with auto sales, and the establishment of a modular building to be used as a temporary office. The project site is located at 13742 Poway Road, within the Automotive/General Commercial zone and the Poway Road Specific Plan Area. APN: 317-130-56. (0210-50) Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development Services, presented the staff report. The applicant is requesting that this item be continued to the City Council meeting of April 24, 2007. The following individual spoke on this issue: Kevin McGuinness, Poway, complained of noise throughout the evening and into the night at this location. Motion by Council member Emery and seconded by Council member Higginson to continue this item to the April 24, 2007 City Council meeting, at request of the applicant. Motion carried 3-0 with Deputy Mayor Boyack and Councilmember Rexford absent. 8801 Page 4 - CITY OF POW A Y - February 6, 2007 4. Conditional Use Permit (CUP) 86-11MNariance (VAR) 06-12, and Development Review (DR) 04-11R; Pomerado Hospital, Applicant. A request for approval of Phase 2 of the Pomerado Hospital Expansion project, which consists of a new five-story, 148,000-square-foot building attached to the existing hospital; a separate 30,000-square-foot addition to, and remodel of, the existing hospital; relocation of the existing helistop; and construction of retaining walls up to 10 feet in height, which are greater than the 6-foot height limit. (0210-30) Mayor Cafagna opened the public hearing. Development Services Director Niall Fritz provided the staff report. Pomerado Hospital is an existing facility that was originally approved and constructed before City incorporation. In November 2005, the City Council approved Phase 1 of a major, two-phased Hospital expansion project. Phase 1 consisted of a five-story attached addition to the Hospital and a 1,200-space parking structure, which are currently under construction. In their review and approval of the Phase 1 expansion, the City Council was proVided conceptual information on Phase 2 expansion. Detailed information is now available and Pomerado Hospital is requesting approval of Phase 2, which involves a new, five-story 148,OOO-square-foot building addition to the existing Hospital; a separate 30,000-square-foot addition to, and remodel of, the existing Hospital; relocation of the existing helistop; and construction of retaining walls up to 10 feet in height, which are greater than the 6-foot height limit. The following individuals spoke on this item: Ken Rogers, representing Boulder Medical & Dental Center, cited patient parking problems due to the construction parking. Merton Suzuki, M.D., said the parking in the entire area has been impacted negatively by this project. Michael Shanahan, representing Palomar Pomerado Healthcare, made a presentation on the project and spoke on their measures to alleviate the parking problems. Motion by Councilmember Higginson and seconded by Councilmember Emery to close public hearing, and adopt Planning Resolution No. P-07 -03, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit (CUP) 86-11M, Variance (VAR) 06-12 and Development Review (DR) 04-11R Assessors Parcel Number 275-461-04, 275-470-01, 06, 10 and 26". Motion carried 3-0 with Deputy Mayor Boyack and Council member Rexford absent. 5. Consideration of Authorization of Poway Redevelopment Agency Tax Allocation Refundina Bonds Series 2007. (0440-10) Tina White, Director of Administrative Services and Redevelopment Agency Treasurer, presented the staff report. This action provides for the City Council and the Redevelopment Agency adoption of resolutions authorizing the issuance of the Redevelopment Agency Tax Allocation Refunding Bonds series 2007, approves the 8802 Page 5 - CITY OF POWAY - February 6, 2007 Item 4 continued: forms of the Fourth Supplemental Indenture ofTrust, the Bond Purchase Contract, the Escrow Agreement, the Bond Counsel Services Agreement, the Continuing Disclosure Agreement, the Fiscal Agent Fee Schedule, the Fiscal Consultant's Services, and the Preliminary Official Statement. Keith Curry, Public Financing Management, the City and Agency's bond counsel, answered questions of the Council/Agency members. There was no one present from the public wishing to speak on this item. Motion by Councilmember/Director Higginson and seconded by Councilmember/Director Emery to adopt Resolution No. 07-013 entitled: "A Resolution of the City Council of the City of Poway, California, Approving the Issuance by the Poway Redevelopment Agency of its Tax Allocation Refunding Bonds, Series 2007 and Making Certain Determinations Relating Thereto", and Resolution No. R-07-11 entitled "A Resolution of the Poway Redevelopment Agency Authorizing the Issuance of Tax Allocation Refunding Bonds, Series 2007 of said Agency in an Aggregate Principal Amount Not-to-Exceed Thirty-Four Million Dollars ($34,000,000), Approving Certain Documents and Taking Certain Other Actions in Connection Therewith." Motion carried 3-0 with Deputy MayorNice Chair Boyack and Councilmember/Director Rexford absent. CONSENT CALENDAR Motion by Councilmember Higginson and seconded by Councilmember Emery to approve the Consent Calendar consisting of items 6 through 15 as submitted. Motion carried 3-0 with Deputy Mayor Boyack and Councilmember Rexford absent. 6. Ratification of Warrant Reaisters for the periods December 25 through 29, 2006, January 1 through 5, 2007, and January 8 through 12,2007. (0475-20) 7. Approval of City's Investment Report as of December 31, 2006. (0450-80) 8. Status Report on the City of Poway Sponsored Domestic Violence Prevention Proaram. (0700-70) 9. Adoption of Resolution No. 07-014, entitled: "A Resolution ofthe City Council of the City of Poway, California, Ordering the Expansion of Powav Liahtina District, Zone A with the Annexation of APN 317-761-16 with Written Consent of the Property Owner, Beth Jacobson as Described within Exhibit "A" Attached Hereto." (0760-30) 8803 Page 6 - CITY OF POWAY - February 6,2007 10. Adoption of Resolution No. 07-015, entitled: "A Resolution ofthe City Council of the City of Poway, California, Ordering the Expansion of Powav Landscape Maintenance District 86-1 and Poway Lighting District, Zone A with the Annexation of APNs 271-140-11 and 277-140-12 with Written Consent of the Property Owners, Anthony and Patricia Garczynski as Described within Exhibit "A" Attached Hereto." (0760-20) 11. Adoption of Resolution No. 07-016, entitled: "A Resolution ofthe City Council of the City of Poway, California, Ordering the Expansion of Powav Landscape Maintenance District 86-1 and Poway Lighting District, Zones A and C with the Annexation of APN 321-011-46 with Written Consent of the Property Owners, Eric Ahmad Sedehi and Mahnza Kavousi Fard as Described within Exhibit "A" Attached Hereto." (0760-20) 12. Adoption of Resolution No. 07-017, entitled: "A Resolution ofthe City Council of the City of Poway, California, Ordering the Expansion of Powav Landscape Maintenance District 86-1 and Poway Lighting District, Zones A and C with the Annexation of APN 321-011-48 with Written Consent of the Property Owners, Eric Ahmad Sedehi and Mahnza Kavousi Fard as Described within Exhibit "A" Attached Hereto." (0760-20) 13. Acceptance ofthe 2006 Semi-Annual Encampment Report. (0750-10) 14. Approval of Proposed Reoraanization for the Enoineerino Division of the Development Services Department consisting of position reclassifications and revised classification specifications. (0510-50) 15. Approval of the Amendment to the Emplovment Aareement for the City Manager. (0700-10) CITY MANAGER ITEMS 16. Assistant City Manager thanked Director of Administrative Services Tina White and the bond financing team for their work on the disclosures and documentation on the bond issues approved on this agenda. CITY ATTORNEY ITEMS 17. CLOSED SESSIONS: City Attorney Lisa Foster requested a Closed Session for the following three items: A. Conference with Legal Counsel, Existing Litigation Government Code ~54956.9(a) Epic Journey v City of Poway Superior Court Case No. GIC 863567 8804 Page 7 - CITY OF POWAY - February 6,2007 CITY ATTORNEY ITEMS continued: CLOSED SESSIONS B. Conference with Legal Counsel, Existing Litigation Government Code section 54956.9(a) Keena v. Shoval and Related Cross Actions, Superior Court Case No. GIC 856239 C. Conference with Legal Counsel, Existing Litigation Government Code section 54956.9(a) Hidden Valley Ranch et al. v. City of Poway Superior Court Case No. GIC 852143 MAYOR AND CITY COUNCIL-INITIATED ITEMS 22A. Request Council concurrence to appoint five members to the Budget Review Committee for the Fiscal Years 2007-2009: (0120-10) Raghubir (Rugby) Mathur by Deputy Mayor Boyack Mary Cross by Council member Emery Janet DePrinzio by Councilmember Higginson Jerry Hargarten by Councilmember Rexford Dave Knopp by Mayor Cafagna This item was continued to the February 20, 2007 City Council meeting for consideration. CLOSED SESSION Mayor Cafagna called for a Closed Session at 8:02 p.m. as requested by the City Attorney. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 8:53 p.m. with all Councilmembers present, except Deputy Mayor Boyack and Council member Rexford. Mayor Cafagna stated there was no reportable action taken in Closed Session. ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:55 p.m. ~~~~~ City of Poway, California 8805