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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. 8841 Page 2 - CITY OF POW A Y - April 24, 2007 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. 8842 Page 3 - CITY OF POW A Y - April 24, 2007 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. 8843 Page 4 - CITY OF POWAY - April 24, 2007 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. 8844 Page 5 - CITY OF POW A Y - April 24, 2007 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. 8845 Page 6 - CITY OF POW A Y - April 24, 2007 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. 8846 Page 7 - CITY OF POW A Y - April 24, 2007 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. 8847 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 8848 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. ~IJLt;;:J~&~y Ole,k City of Poway, California 8849