CC 2007 04-24
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
APRIL 24, 2007
The April 24, 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
Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford, and Mickey Cafagna
STAFF MEMBERS PRESENT
Rod Gould
Penny Riley
Lisa A. Foster
Diane Shea
Niall Fritz
Robert Clark
Jim Howell
Dena Fuentes
Tina White
Mark Sanchez
Todd E. Frank
Patti Brindle
Frank Casteleneto
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
Director of Safety Services
Sheriff's Captain
City Planner
City Engineer
Assistant to the City Manager
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Boyack led the pledge of allegiance.
CITY COUNCILMEMBER ANNOUNCEMENTS
. Councilmember Emery gave a "historical restaurant review" of the Mexican Villa
Restaurant, which was located in Poway in the 1970's.
. Deputy Mayor Boyack asked everyone to save the date of May 19, 2007 forthe Poway
Pride Day; this will be a day of clean-up, painting and fixing-up throughout the City.
The event is being sponsored by the Poway Community Leadership Institute.
. Mayor Cafagna announced that Wal-Mart would be holding a "Safe Medicine Disposal
Day" event on Saturday, April 28, 2007. Poway is the first city to hold this type of
event and it is open to all Poway residents.
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PRESENTATIONS
. Presentation of 15-Year Service Award to Scott Post, Fire Captain, Safety
Services. Mayor Cafagna and Safety Services Director Mark Sanchez presented Scott
with his 15-year service award on behalf of the City Council.
. Presentation of New City-Purchased Bus to the Poway Valley Senior Citizens'
Corporation. Mayor Cafagna presented the keys to the new bus. Blaine McCaferty,
Executive Director of the Weingart Senior Center, thanked the City Council,
Community Services Director Robert Clark, Management Analyst Leslie Hoffman, and
all Community Services staff.
. Presentation of Proclamation declaring April 28, 2007 as Rotarians at Work Day.
Mayor Cafagna presented the proclamation to Norm Rauch of the Poway Rotary Club.
Rotarian David Narevsky presented the City with a check from the proceeds of the
Rotary Pancake Breakfast in the amount of $642.
. Presentation of Proclamation declaring April 29 through May 5, 2007 as
Municipa/ Clerks Week. Mayor Cafagna presented the proclamation to Diane Shea,
City Clerk.
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.
There was no one present from the public wishing to speak.
CONTINUED PUBLIC HEARINGS
1. Ordinance No. 654 - Second Reading, entitled: "An Ordinance of the City of
Poway, California, Approving 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." Shamrock/Poway Investors, Applicant.
(Continued from April 3, 2007, Item #2) (0220-60)
On April 3, 2007 the City Council introduced and held the first reading of Ordinance
No. 654 entitled: "An Ordinance of the City of Poway, California, Approving 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." All
Council members were present at the first reading and there were no public speakers.
There was no one present from the public wishing to speak on this item.
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Motion by Councilmember Higginson, seconded by Deputy Mayor Boyack, to waive
further reading of the Ordinance, close the public hearing and adopt Ordinance No.
654. Motion carried unanimously by roll call vote.
2. Ordinance No. 655. First Reading, entitled: "An Ordinance ofthe City of Po way,
California, Amending Title 8 and Title 16 of the Poway Municipal Code, Sections
8.60.141, 16.02.020, 16.04.030, 16.10.080, 16.14.010, 16.41.580, 16.42.010,
16.42.040,16.43.060,16.44.030,16.44.050, 16.50.010, 16.50.080, 16.50.120, and
16.50.170 Relating to Septic Systems, Subdivisions, and Grading &
Excavations." (Continued from April 3, 2007, Item #3) (0810-90)
Frank Casteleneto, City Engineer, presented the staff report. Staff has conducted a
review of one section of Title 8 and nine sections of Title 16 of the Poway Municipal
Code, and is recommending a series of minor amendments to various parts of these
sections. The section of Title 8 is with regard to septic systems. The sections of Title
16 are Ordinances that regulate subdivisions, and grading and excavations. Many of
the amendments to the subdivision portion of the Ordinance are a result of recently
enacted amendments to the State of California Subdivision Map Act, under which the
Ordinance is implemented.
There was no one present from the public wishing to speak on this item.
Motion by Councilmember Rexford, seconded by Deputy Mayor Boyack, to waive
further reading of the ordinance and continue the public hearing to May 8, 2007 for
second reading. Motion carried unanimously.
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.
(Continued from February 6,2007, Item #3) (0210-50)
Patti Brindle, City Planner, presented the staff report. This is a request for approval of
a Minor Conditional Use Permit and revision to a Minor Development Review
Application to legalize four existing seatainers, a covered auto detailing area, and an
existing legal nonconforming auto repair facility in conjunction with auto sales and the
establishment of a modular building to be used as a temporary office for a period of
five years. The project site is located at 13742 Poway Road, within the
Automotive/General Commercial zone and the Poway Road Specific Plan area. The
dealership's repair facility was established prior to the adoption of the current zoning
regulations requiring approval of a MCUP for auto service or repair-related uses in the
Automotive/General Commercial zone. The project complies, or has been conditioned
to comply, with City development standards and would bring the existing facility into
conformance with operational standards similar to those of other dealerships in Poway.
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There was no one present from the public wishing to speak on this item.
Motion by Council member Emery, seconded by Councilmember Higginson to close the
public hearing and adopt Planning Resolution No. P-07-17, entitled: "A Resolution of
the City Council of the City of Poway, California, Approving Minor Conditional Use
Permit 02-01 and Revision to Minor Development Review Application 01-95
Assessor's Parcel Number: 317-130-56." Motion carried unanimously.
PUBLIC HEARINGS
4. Ordinance 656, First Reading, entitled: "An Ordinance of the City of Poway,
California, Amending Sections 17.44.030 and 17.44.040 of the Poway Municipal
Code Concerning Nonconforming Uses (Zoning Ordinance Amendment 07-01 )."
(0210-80)
Patti Brindle, City Planner presented the staff report. This is an amendment to
Sections 17.44.030 and 17.44.040 of the Poway Municipal Code pertaining to the
discontinuation of nonconforming nonresidential uses and structures in the City's
residential zoning districts. The recommended ordinance would require the property to
conform to current zoning ordinance standards, if such a nonconforming use is
converted to a conforming use or if it is abandoned for a period of 180 days or more.
Staff is also recommending minor changes pertaining to other nonconforming uses to
clarify that routine maintenance and repair of nonconforming uses is allowed.
The following people spoke on this item:
Bruce Tarzy, representing the Green Valley Civic Association supports the ordinance
and asked the City Council to consider a separate ordinance pertaining to City control
over the color and maintenance issues on nonconforming nonresidential uses and
structures in the residential zones.
Sandra Fish, San Diego, representing ReMax, addressed the upgrades she has made
to her real estate office that is located on Espola Road and is a nonconforming
nonresidential use.
Motion by Councilmember Emery, seconded by Deputy Mayor Boyack, to waive further
reading of the ordinance, as revised in the additional materials supplemental staff
report, and continue the public hearing to May 8,2007 for second reading; and further,
Council directed staff to look at a possible amendment to allow City control over color
and maintenance of nonconforming nonresidential uses in residential zones; to make
sure the six property owners are aware of the time limit for the continuation of the
nonconforming nonresidential uses in residential zones; and to look at the 4 properties
that are not zoned RRC to see if they could be made conforming uses. Motion carried
unanimously.
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STAFF REPORTS
5. Engineer's Report and Resolution Declaring the Intention to Levy and Collect
Assessments within Powav Landscape Maintenance District 83-1 for Fiscal Year
2007/2008 and Setting the Date for Public Hearing. (0760-20)
Jim Howell, Director of Public Works, presented the staff report. The maintenance of
public landscape improvements within Landscape Maintenance District (LMD) 83-1
requires funding. The California Landscape and Lighting Act of 1972 (ACT), and its
amendments (Proposition 218 and SB 919) allow for the collection of assessments
from parcels annexed into the District for this purpose. In order to collect
assessments, Chapter 3 of the ACT requires the Engineers Report and assessment
recommendations be presented for City Council consideration and public comment on
an annual basis.
There was no one present from the public wishing to speak on this item.
Motion by Deputy Mayor Boyack, seconded by Councilmember Emery, to adopt
Resolution No. 07-028, entitled: "A Resolution of the City Council ofthe City of Poway,
California, Declaring the Intention to Levy and Collect Assessments Within Poway
Landscape Maintenance District 83-1 for Fiscal Year 2007/2008", and to hold the
public hearing on June 19, 2007, to consider the levying and collection of the proposed
assessments. Motion carried unanimously.
6. Engineer's Report and Resolution Declaring the Intention to Levy and Collect
Assessments within Powav Landscape Maintenance District 86-1 for Fiscal Year
2007/2008 and Setting the Date for Public Hearing. (0760-20)
Jim Howell, Director of Public Works, presented the staff report. The maintenance of
public landscape improvements within Landscape Maintenance District (LMD) 86-1
requires funding. The California Landscape and Lighting Act of 1972 (ACT), and its
amendments (Proposition 218 and SB 919) allow for the collection of assessments
from parcels annexed into the District for this purpose. In order to collect
assessments, Chapter 3 of the ACT requires the Engineers Report and assessment
recommendations be presented for City Council consideration and public comment on
an annual basis. Three properties were annexed into the District during Fiscal Year
2006/2007, bringing the total to 989 residential assessable parcels in LMD 86-1.
Assessments are proposed to remain unchanged at the Fiscal Year 2006/2007 rate.
There was no one present from the public wishing to speak on this item.
Motion by Deputy Mayor Boyack, seconded by Councilmember Emery, to adopt
Resolution No. 07-029, entitled: "A Resolution of the City Council of the City of Poway,
California, Declaring the Intention to Levy and Collect Assessments Within Poway
Landscape Maintenance District 86-1 for Fiscal Year 2007/2008," and to hold the
public hearing on June 19, 2007, to consider the levying and collection of the proposed
assessments. Motion carried unanimously.
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7. Engineer's Report and Resolution Declaring the Intention to Levy and Collect
Assessments within Powav Landscape Maintenance District 86-2 for Fiscal Year
2007/2008 and Setting the Date for Public Hearing. (0760-20)
Jim Howell, Director of Public Works presented the staff report. The maintenance of
public landscape improvements within Landscape Maintenance District (LMD) 86-2
requires funding. The California Landscape and Lighting Act of 1972 (ACT), and its
amendments (Proposition 218 and SB 219) allow for the collection of assessments
from parcels annexed into the District for this purpose. In order to collect
assessments, Chapter 3 of the ACT requires the Engineers Report and assessment
recommendations be presented for City Council consideration and public comment on
an annual basis.
There was no one present from the public wishing to speak on this item.
Motion by Deputy Mayor Boyack, seconded by Council member Emery, to adopt
Resolution No. 07-030, entitled: "A Resolution of the City Council of the City of Poway,
California, Declaring the Intention to Levy and Collect Assessments Within Poway
Landscape Maintenance District 86-2 for Fiscal Year 2007/2008," and to hold the
public hearing on June 19, 2007, to consider the levying and collection of the proposed
assessments. Motion carried unanimously.
8. Engineer's Report and Resolution Declaring the Intention to Levy and Collect
Assessments within Powav Landscape Maintenance District 86-3 for Fiscal Year
2007/2008 and Setting the Date for Public Hearing. (0760-20)
Jim Howell, Director of Public Works presented the staff report. The maintenance of
public landscape improvements within Landscape Maintenance District (LMD) 86-3
requires funding. The California Landscape and Lighting Act of 1972 (ACT), and its
amendments (Proposition 218 and SB 219) allow for the collection of assessments
from parcels annexed into the District for this purpose. In order to collect
assessments, Chapter 3 of the ACT requires the Engineers Report and assessment
recommendations be presented for City Council consideration and public comment on
an annual basis. There are currently 159 residential and 14 non-residential and two
residential assessable parcels in LMD 86-3. Fiscal Year 2007/2008 assessments are
proposed to remain at the Fiscal Year 2006/2007 rates.
There was no one from the public wishing to speak on this item.
Motion by Deputy Mayor Boyack, seconded by Council member Emery, to adopt
Resolution No. 07-031, entitled: "A Resolution of the City Council of the City of Poway,
California, Declaring the Intention to Levy and Collect Assessments Within Poway
Landscape Maintenance District 86-3 for Fiscal Year 2007/2008," and to hold the
public hearing on June 19, 2007, to consider the levying and collection of the proposed
assessments. Motion carried unanimously.
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9. Engineer's Report and Resolution Declaring the Intention to Levy and Collect
Assessments within Powav Landscape Maintenance District 87-1 for Fiscal Year
2007/2008 and Setting the Date for Public Hearing. (0760-20)
Jim Howell, Director of Public Works presented the staff report. The maintenance of
public landscape improvements within Landscape Maintenance District 87-1 requires
funding. The California Landscape and Lighting Act of 1972 (ACT) and its
amendments (Proposition 218 and SB 919) allow for the collection of assessments
from parcels annexed into the District for this purpose. In order to collect
assessments, Chapter 3 of the ACT requires the Engineers Report and assessment
recornmendations be presented for City Council consideration and public comment on
an annual basis.
There was no one from the public wishing to speak on this item.
Motion by Deputy Mayor Boyack, seconded by Councilmember Emery, to adopt
Resolution No. 07-032, entitled: "A Resolution of the City Council ofthe City of Poway,
California, Declaring the Intention to Levy and Collect Assessments Within Poway
Landscape Maintenance District 87-1 for Fiscal Year 2007/2008," and to hold the
public hearing on June 19, 2007, to consider the levying and collection of the proposed
assessments. Motion carried unanimously.
10. Engineer's Report and Resolution Declaring the Intention to Levy and Collect
Assessments within Powav LiQhtinQ District for Fiscal Year 2007/2008 and
Setting the Date for Public Hearing. (0760-30)
Jim Howell, Director of Public Works, presented the staff report. The maintenance of
public lighting improvements within City of Poway Lighting District requires funding.
These improvements include all street lighting facilities within the City's boundaries,
including, but not limited to, streetlights, traffic signals, lighted street signs and flashing
beacons. The California Landscape and Lighting Act of 1972 (ACT), and its
amendments (Proposition 218 and SB 919), allow for the collection of assessments
from parcels annexed into the District for the maintenance and operation of these
facilities. In order to collect assessments, Chapter 3 of the ACT requires the
Engineer's Report and assessment recommendations be presented for City Council
consideration and public comment on an annual basis. Assessment rates are
proposed not to increase during Fiscal Year 2007/2008 for Zones A, Band C;
however, some parcel assessments will increase due to land development, land use
designation changes, and the creation of new subdivisions.
There was no one from the public wishing to speak on this item.
Motion by Deputy Mayor Boyack, seconded by Councilmernber Emery, to adopt
Resolution No. 07-033, entitled: "A Resolution of the City Council of the City of Poway,
California, Declaring the Intention to Levy and Collect Assessments within the Poway
Lighting District for Fiscal Year 2007/2008," and to hold the public hearing on June 19,
2007, to consider the levying and collection of the proposed assessments. Motion
carried unanimously.
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Page 8 - CITY OF POW A Y - April 24, 2007
11. Review of City Council Lono- Term Priorities.
(0100-10)
Kristen Crane, Assistant to the City Manager, presented the staff report. Previously
known as the City Council Goals and Objectives, this document is normally reviewed in
conjunction with the budget process, though it is not a budget-setting tool, nor does it
take the place of the Capital Improvement Program orthe General Plan. These long-
term priorities help set the overall policy direction for the City and are built upon the
seven themes originating from the General Plan. Those themes being: Community
Safety, Economy and Employment, Housing Opportunities, Transportation and
Infrastructure, Recreation, Open Space and Natural Resources, Arts and Culture and
Health, Education and Drug Prevention.
The following individual spoke:
Chuck Cross, Poway, inquired as to the status of the train depot and whether the City
could continue funding the project.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to
incorporate all of the City Council's comments into the document and return at a future
meeting for review. Motion carried unanimously.
12. Utilities Operational Effectiveness Report and PowerPoint Presentation by HDR
Engineering Inc. (0700-10)
Jim Howell, Director of Public Works presented the staff report. On February 20,
2007, the City Council awarded a contract to HDR Engineering, Inc., to conduct a
Utilities Operational Effectiveness Study. The scope of the work consisted of an
independent evaluation of the City's water, wastewater and recycled water (utilities)
operations and practices, core competencies, and staffing levels. The scope of work
also included a comparative analysis of Poway's Utilities with similar agencies.
Kenneth Barrett, P.E., Vice President of HDR Engineering, Inc., gave a PowerPoint
presentation outlining their findings and recommendations from the study.
There was no one from the public wishing to speak on this item.
Council reviewed the presentation. The report was received and filed.
CONSENT CALENDAR
Motion by Council member Emery, seconded by Councilmember Rexford, to approve the
Consent Calendar consisting of Items 13 and 14. Motion carried unanimously.
13. Ratification of Warrant Reoisters for the periods March 19 through March 23, and
March 26 through March 30, 2007. (0475-20)
14. Approval of Minutes - City Council
April 3, 2007 Regular Meeting
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Page 9 - CITY OF POWAY - April 24, 2007
CITY MANAGER ITEMS
16. City Manager Gould announced that Poway is the first city in the region to outfit its
Sheriff's deputies with personal handheld computers able to immediately access
databases for vehicle licenses, driver's licenses, criminal background information, and
more.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
18A. Rancho Guejito: A Call for Protection.
Councilmember Emery requested and received Council concurrence to support, in
concept, the preservation of Rancho Guejito, as the only rancho left in the County of
San Diego.
18B. Participation in North County Homelessness Committee.
Councilmember Emery requested and received Council concurrence to appoint a staff
member to attend the next information meeting with him.
22A. Concurrence of committee appointments for the Redevelopment and Housing
Advisory Committee:
Mickey Cafagna (1) - Tom Scott
Bob Emery (1) - Toni Bates
Don Higginson (2) - Sue Herndon
Mayor Cafagna received concurrence appointing Tom Scott, Toni Bates and Sue
Herndon to the Redevelopment and Housing Advisory Committee.
ADJOURNMENT - Mayor Cafagna adjourned the meeting at 9:22 p.m.
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City of Poway, California
8849