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CC 2007 03-13 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MARCH 13, 2007 The March 13, 2007, 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. COUNCILMEMBERS PRESENT Merrilee Boyack, Bob Emery, Betty Rexford, Don Higginson, 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 Boyack led the pledge of allegiance. CITY COUNCILMEMBER ANNOUNCEMENTS · Poway Bob's Restaurant Review: No review was given. 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: Lee Tartre, Poway, read a statement about trees and their benefits to the environment. Diane Armstrong, Poway, asked that the City Council survey the damage on the property that has been caused by the City. 8816 Page 2 - CITY OF POWAY -March 13, 2007 CONTINUED PUBLIC HEARINGS 1. A. Ordinance No. 649, Second Reading, entitled: "An Ordinance ofthe City of Poway, California, Approving 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 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; and 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) Niall Fritz, Director of Development Services, presented the staff report. On January 2,2007, the City Council introduced and held the first reading of Ordinance No. 649, entitled: "An Ordinance of the City of Poway, California, Approving Specific Plan Amendment (SPA) 84-01WWW to the South Poway Specific Plan to Change the Land Use Designation on Property Located at the Southeast Comer of Scripps Poway Parkway and Gateway Place;" and considered approval of a Tentative Parcel Map (TPM) 06-04 for a 4-lot subdivision of the site; and 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. All Councilmembers were present at the first reading. Public testimony was received from one person. Staff recommends adoption. Jerry Hargarten, Poway, representing GVCA, thanked Slough Estates for the $150,000 donation for open space. He requested the money be used for park space in the South Powayarea. Nick Stavros, Poway, representing the League of Conservation Voters, spoke in opposition of the ordinance. Barbara Diederichs, Poway, spoke in opposition of the ordinance. Kevin McNamara, Poway, spoke in favor of the ordinance. Motion by Councilmember Higginson and seconded by Councilmember Rexford to close the public hearing and adopt Planning Resolution No. P-07-07, entitled: "A Resolution of the City Council of the City of Poway, California, Approving a Mitigated Negative Declaration and Tentative Parcel Map (TPM) 06-04," as amended to include a provision that if during the grading of the site, archeological resources or human remains are discovered, all work shall be stopped immediately and the applicant contact the City; adopt Ordinance No. 649 by a roll call vote; and accept the applicant's donation of $150,000 to be used for City parks. Motion carried 5-0 by a roll call vote. 8817 Page 3 - CITY OF POWAY - March 13, 2007 2. A. Ordinance No. 650, Second Reading, entitled: "An Ordinance of the 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 (TTM) 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. (Continued from January 16, 2007, Item #3; February 6,2007, Item 1) (0220-60) Niall Fritz, Director of Development Services presented the staff report. On January 16, 2007, the City Council introduced and held the first reading of Ordinance No. 650, entitled: "An Ordinance of the City of Poway, California, Changing the Zoning Classification of Certain Properties (ZC 06-01) APN: A Portion of 321-110-02;" and considered approval of a 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; Specific Plan (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 Tentative Tract Map (TTM) 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. All Councilmembers were present at the first reading. Public testimony was received from two people. Staff recommends adoption. Jerry Hargarten, Poway, representing GVCA, spoke in opposition ofthe ordinance and requested the item be continued in view of the recent letter from the property owner. 8818 Page 4 - CITY OF POWAY - March 13, 2007 Motion by Council member Higginson and seconded by Mayor Cafagna to close the public hearing; adopt Ordinance 650 by a roll call vote and adopt Resolution No. 07- 019, entitled: " A Resolution of the City Council of the City of Poway, California Amending the Land Use Element of the General Plan of the City of Poway General Plan Amendment (GPA) 06-01, Resolution No. 07-020, entitled: "A Resolution of the City Council of the City of Poway, California Approving Old Coach Golf Estates Specific Plan Amendment (SPA) 89-01A, APNs: 273-182-18,19; 273-100-10,11; 277-010-02,05,22,23; 217-070- 24, 27-31; 277-071-01, 02, 08, 09; 277-140-01, 06, 23, 24, 26; 277-071-05, 14, 15, 16, and 277-080-04, and Resolution No. P-07-08, entitled: "A Resolution of the City Council of the City of Poway, California, Approving a Mitigated Negative Declaration and Tentative Tract Map (TTM) 06-02 Assessor's Parcel Numbers 277-071-05,14,15,16, and 277-080-04 approving with conditions. Motion carried 4-1 by a roll call vote, with Councilmember Emery voting "no." 3. Ordinance No. 652, Second Reading, entitled: "An Ordinance of the City of Poway, California, Amending Chapter 8.04, Sections 8.04.010 through 8.04.100 Concerning Smoking in Public Parks and Trails." (0620-90) Diane Shea, City Clerk, presented the staff report. On February 20, 2007, the City Council introduced and had the first reading of Ordinance No. 652 entitled: "An Ordinance of the City of Poway, California, Amending Chapter 8.04, Sections 8.04.01 0 and 8.04.100 Concerning Smoking in Public Parks and Trails." Deputy Mayor Boyack was not present at the first reading and one person gave public testimony in support of the ordinance. Staff recommends adoption. Motion by Deputy Mayor Boyack and seconded by Councilmember Rexford to close the public hearing and adopt Ordinance No. 652 by a roll call vote. Motion carried unanimously. 4. Ordinance No. 653. First Reading, entitled "An Ordinance of the City of Poway, California Amending Section 17.40.015, Section 17.40.100 and Section 17.40.090 of the Poway Municipal Code Implementing a Prohibition on Moving Signs in the City of Poway." (0280-90) Lisa Foster, City Attorney, presented the staff report. This amendment of the City's Comprehensive Sign Regulations is for the purpose of clarifying the definition of "sign" so that it includes moving signs, such as human signs, wind activated signs, and sign spinners. The amendment also implements a more comprehensive prohibition on all types of moving signs because of the traffic safety and aesthetic problems created by moving signs. The amendment also clarifies that the prohibition on moving signs is absolute, and not subject to any exceptions in the sign ordinance. Nick Stavros, Poway, spoke in opposition to the ordinance in that it is an infringement on political signs and free speech. 8819 Page 5 - CITY OF POWAY - March 13, 2007 Motion by Councilmember Emery and seconded by Councilmember Rexford to introduce Ordinance No. 653 and continue the public hearing to April 3, 2007 for adoption of the ordinance. Motion carried unanimously. PUBLIC HEARINGS 5. Conditional Use Permit (CUP) 06-13, Susan Barnes, SoCal Elite Allstars Cheerleading & Dance, Applicant: A request for approval of a CUP to enable the establishment of a cheerleading and dance studio within Suite Bat 13880 Stowe Drive, in the Light Industrial Zone (L1) and the South Poway Specific Plan area. APN 323-481-14. (0210-30) Niall Fritz, Director of Development Services, presented the staff report. The applicant is requesting approval of a Conditional Use Permit to establish a cheerleading and dance studio within a tenant suite in the industrial center located at 13880 Stowe Drive, Suite B, in the South Poway Business Park. Approval of the request would enable the relocations of the existing business, which was approved under CUP 05-03 and is currently located at 12556 Kirkham Court in the Business Park. The studio will continue to offer instruction in the late afternoon on weekdays, and on Saturdays. The new location will provide a larger, 9, 700-square-foot facililyforthe business, which has outgrown its existing location. No exterior improvements are proposed. Adequate on- site parking exists to accommodate the studio and there will be no parking impacts. There was no one present from the public wishing to speak on this item. Motion by Councilmember Higginson and seconded by Deputy Mayor Boyack to close the public hearing; approve Conditional Use Permit 06-13; and adopt Resolution No. P-07-09, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 06-13 Assessor's Parcel Number 323-481-14," approving with conditions. Motion carried unanimously. 6. Variance (V AR) 07-01. Jeff Reed, Applicant. A request for a Variance approval to allow a garage/home office building that is under construction at 13718 Sagewood Drive to observe a 25-foot front yard setback when a 40-foot setback is required within the Rural Residential C (RR-C) zone. APN 275-342-14. (0210-70) Niall Fritz, Director of Development Services presented the staff report. In the summer of 2006, a Building Permit was issued for the construction of a detached 3-car garage that also contains a home office on the residential property located at 13718 Sagewood Drive. The approved building plans noted that the proposed garage/office would observe a 41-foot front yard setback from the property line. After the building was under construction it was discovered that the building plans were not reflective of actual field conditions and that the contractor had taken the front yard setback from the wrong point. A "Stop Work Notice" was issued for the project and a subsequent survey revealed that the detached garage/office building was constructed encroaching 15 feet into the required 40-foot front yard setback. 8820 Page 6 - CITY OF POWAY - March 13,2007 The applicant is requesting a Variance approval to allow the partially constructed building to observe a 25-foot front yard setback rather than the required 40-foot setback because construction is far along in the process and the financial burden would be significant to remove and reconstruct the building observing the required 40- foot setback. The following people spoke in favor of the project: Laurie Ray, Poway Michael Roberts, Poway Marc Corless, Poway John Mabie, Poway Bryce and Judy Forrester, Poway Mark Pieroni, Poway Jeff Reed, Poway, Applicant, responded to questions by the Council. The following people spoke in opposition of the project: Jack Tripp, Poway Dee Fleischman, Poway Joe St. Lucas, Poway Fiona Stavros, Poway Bob Wistort, Poway Lynnette Perkes, Poway Marge Knothe, Poway Tom Knothe, Poway Motion by Deputy Mayor Boyack and seconded by Councilmember Higginson to close the public hearing; approve Variance 07-01; and adopt Resolution No. P-07-10, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Variance (VAR) 07-01 Assessor's Parcel Number 275-342-14," with conditions. Motion carried 3-2 with Councilmembers Emery and Rexford voting "no." 7. Variance (VAR) 07-04; Bill Yen, Applicant; Gary Sabin, Owner: A request to construct a series of single-face retaining walls, and a combination of retaining wall and fence, that will range from 6 to 12 feet in height when the standard requires two 6-foot walls separated by a 5-foot-wide landscape bench, located at the eastern terminus of Valley View Road, east of Old Coach Road. APN 277- 080-09 and 12. (0210-70) Niall Fritz, Director of Development Services presented the staff report. This application is a request to allow the construction of approximately 1,300 linear feet of single-face retaining walls, broken into 13 different locations, that will range from 6 to 12 feet in height along the 1.3-mile road that traverses through TIM 02-02, The Heights. The Poway Municipal Code requires two 6-foot walls separated by a 5-foot- wide landscape bench for walls over 6 feet in height. 8821 Page 7 - CITY OF POWAY - March 13, 2007 Due to the very steep hillsides that the road cuts through, the strict application of the City's Code requiring two walls will result in a greater area of disturbance, more grading, and a larger loss of habitat. Additionally, the applicant is seeking a Variance to allow a 4-foot-high safety fence to be placed on top of an 8-foot-high retaining wall on the road that leads to a future on-site City reservoir. The City standard requires the fence to be setback 5 feet from the wall, but there is insufficient space to do so without requiring a significant amount of additional clearing and grading. There was no one present from the public wishing to speak on this item. Motion by Councilmember Higginson and seconded by Councilmember Rexford to close the public hearing; approve Variance 07-04; and adopt Resolution No. P-07 -11, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Variance 07-04 Assessor's Parcel Number 277-080-09 and 12," with conditions. Motion carried unanimously. 8. Resolution Declaring the Property to be a Public Nuisance located at 13737 Woodgate Place. APN 317-665-06. (0750-20) Niall Fritz, Director of Development Services presented the staff report. This is a public hearing pursuant to Chapter 8.72 of the Poway Municipal Code to determine whether the trash, junk, and miscellaneous debris that are on the property at 13737 Wood gate Place are a nuisance, and whether to order the removal of the trash, junk, and miscellaneous debris. Should the owner fail to do so in the time allotted, the City would complete the work and bill the property owner for all costs, plus a $60.00 administrative fee, via the 2007/2008 tax rolls. The estimated cost to abate the current amount of trash and debris will be $500.00. There was no one present from the public wishing to speak on this item. Motion by Deputy Mayor Boyack and seconded by Councilmember Higginson to adopt Resolution No. 07-021, entitled: "A Resolution of the City Council ofthe City of Poway, California Declaring the Property at 13737 Woodgate Place a Public Nuisance, and Ordering the Removal of all Trash, Junk and Miscellaneous Debris Assessor's Parcel Number 317-665-06." Motion carried unanimously. STAFF REPORTS 9. Site Location and Authorization for Installation of Two Bronze Sculptures, The Pioneers and the Pride of the Wilderness. (1000-10) Robert Clark, Director of Community Services presented the staff report. On January 8,2002, the City Council approved the concept that each Councilmemberwould direct how $220,000 be expended of a $1.1 million settlement for failure to build a water park. On December 16, 2003, the City Council approved council member Rexford's request to redesignate $140,000 from the Community Fine Arts Center Endowment project fund to a new project fund for public art. These funds were part of Councilmember Rexford's portion of Wet 'n Wild Settlement funds. 8822 Page 8 - CITY OF POWAY - March 13,2007 On December 22, 2004, an agreement for $95,000 was entered into with Richard Becker, a local Poway sculptor, to design and produce two bronze sculptures. On November 13, 2006, the sculptures were delivered to the City. City Council approval for placement of the sculptures is requested. The following people spoke in favor of the placement of the sculptures and Old Poway Park and Lake Poway: Dee Fleischman, Poway Barbara Lerma, Poway Motion by Council member Rexford and seconded by Councilmember Emery to place The Pioneers and the Pride of the Wilderness sculptures at the Old Poway Park and Lake Poway respectively; authorize the expenditure of the remaining Public Art funds in Project Fund and 1118E for installation and any related work improvements with any remaining funds set aside for the purchase of future public art. Motion carried unanimously. 10. Initiation of Specific Plan Amendment (SPA) 84-01A(4) to the South Poway Specific Plan to Change the Land Use Designation on a 2.6-acre, developed property located at 12365 First American Way from Light Industrial (L1) to Industrial Park (IP); Shamrock/Poway Investors, Applicant. APN 323-480-03. (0220-60) Niall Fritz, Director of Development Services presented the staff report. SPA 84- 01A(4) is a request to amend the Land Use Designation on a property located in the South Poway Business Park from Light Industrial to Industrial Park pursuant to procedures contained in the South Poway Specific Plan. The Industrial Park designation provides for a broader range of office uses that are desired in the Business Park. The property is developed with a building and with more than the minimum required amount of parking for an Industrial Park use. The property is located in the easterly portion of the Business Park; an area dominated by similar zoning and office uses. There was no one present from the public wishing to speak on this item. Motion by Councilmember Higginson and seconded by Councilmember Emery to adopt Resolution No. 07-022, entitled: "A Resolution of the City Council of the City of Poway, California, Initiating Specific Plan Amendment (SPA) 84-01A(4) to the South Poway Specific Plan to Change the Land Use Designation on a 2.6-Acre, Developed Property Located at 12365 First American Way from Light Industrial to Industrial Park. APN: 323-480-03." Motion carried unanimously. 11. Annual Designation of Areas Inappropriate for Second Dwellinq Units in Single-Family Residential Zones. (0210-80) 8823 Page 9 - CITY OF POWAY - March 13,2007 Niall Fritz, Director of Development Services presented the staff report. Section 17.08.180 of the Poway Municipal Code, adopted February 13,1996, and effective March 14, 1996, requires annual adoption of a Resolution for implementation of this designation that determines which areas of the City have adequate water, sewer and traffic circulation to allow second dwelling units, and which areas of the City currently do not have adequate services. There was no one present from the public wishing to speak on this item. Motion by Councilmember Emery and seconded by Council member Rexford to rescind Resolution No. 06-15, and adopt Resolution No. 07-023, entitled: "A Resolution ofthe City Council of the City of Poway, California Regarding Annual Designation of Areas Inappropriate for Second Dwelling Units in Single-Family Residential Zones and Rescinding Resolution No. 06-015." Motion carried unanimously. CONSENT CALENDAR Motion by Council member Higginson and seconded by Councilmember Rexford to approve the Consent Calendar consisting of Items 12, 13 and 15 through 23.1 as submitted. Motion carried unanimously. 12. Ratification of Warrant Reaisters for the periods of January 29 through February 2,2007, February 5 through February 9, 2007, and February 12 through 16, 2007. (0475-20) 13. Approval of Minutes - City Council February 6, 2007 15. Accept and File the Citv's Investment Report as of January 31, 2007. (0450-80) 16. Adoption of Resolution No. 07-024 Accepting the City's Amended Investment Policy and Rescinding Resolution No. 06-028. (0450-90) 17. Acceptance of the Wastewater Collection Access Manhole Rehabilitation Proaram. (0700-10) 18. Approval of Master Communications Site Encroachment Agreement Between the City of Poway and Omnipoint Communications, Inc., a Delaware Corporation (UT_ Mobile"), for the Installation and Operation of Wireless Telecommunication Facilities in the Public Right-of-Way. (0700-10) 19. Award of Bid for the Improvements for Midland Road, Adrian Street, Temple Street, Edgemoor Street, Unnamed Street (#5260), Bid No. 06-023, to the lowest responsible bidder in an amount to be determined once bids are submitted, opened and verified on March 6, 2007. Bid not awarded. This item was continued to 3/20/07 meeting. (0700-10) 8824 Page 10 - CITY OF POWAY - March 13,2007 20. Receive and File the Annual Report on the Implementation Status of the City of Powav General Plan (2005-2006). (0220-30) 21. Adoption of Resolution No. P-07-12 Approving a Modification to Comprehensive Sign Program (CSP) 80-15 (Ml for Poway Valley Center located at 13314-13376 Poway Road, within the Town Center (TC) zone and the Poway Road Specific Plan area; APN 317-101-15. Debbie McNamara of PVC, LLC, Owner. (0280-20) 22. Receive and file the Annual Status Report on South Poway Business Park Development Review Approvals. (0200-90) 23. Award of Bid for the Kumeyaay-Ipai Interpretive Center Site Grading and Improvements Project (#1671), Bid No. 06-024, to Western Rim Constructors, the lowest responsible bidder, in the amount of $558,725.35. (0700-10) 23.1 Adoption of a Resolution No. 07-025 Authorizing the Examination of Sales. Use and Transactions Tax Records. (0490-75) MAYOR AND CITY COUNCIL-INITIATED ITEMS 26. Deputy Mayor Boyack inquired of the vacancies on the Redevelopment and Housing Advisory Committee. Staff advised vacancies are being advertised in the newspaper with deadline for applications in 3 weeks. 27. Council member Rexford thanked staff for their quick action in stopping illegal dumping. ADJOURNMENT Mayor Cafagna adjourned the meeting at 9:43 p.m. 1;~~~ L. Diane Shea, City Clerk City of Poway, California 8825