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CC 2008 08-19 City of Poway, California Minutes of the City Council Regular Meeting August 19, 2008 The August 19, 2008, 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 Mickey Cafagna, Bob Emery, Don Higginson, Betty Rexford Councilmembers Absent Merrilee Boyack Staff Members Present Rod Gould City Manager Penny Riley Assistant City Manager Lisa Foster City Attorney Salam Hasenin City Clerk Robert Manis Director of Development Services Kevin Haupt Director of Public Works Tina White Director of Administrative Services Dena Fuentes Director of Redevelopment Services Mark Sanchez Director of Safety Services Todd Frank Sheriffs Captain Frank Casteleneto City Engineer Patti Brindle City Planner Pledqe of Alleqiance Deputy Mayor Emery led the pledge of allegiance City Councilmember Announcements 1 Mayor Cafagna. Resolution Opposing Proposals by the State Legislature to "Borrow" Local Government Redevelopment and Transportation Funds. (0740-55) Mayor Cafagna spoke on the State budget. The League of California Cities has asked its members to adopt a resolution opposing proposals which include the State of California "borrowing" local government, redevelopment, and transportation funds to balance the State budget. Borrowing these funds to close the $15.2 billion budget gap is fiscally irresponsible and will only deepen the structural deficit the State faces, City Council Action: Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to adopt Resolution No 08-069 entitled, "A Resolution of the City Council of the City of Poway, California, Opposing State Budget Proposals which Include the State of California "Borrowing" Local Government, Redevelopment, and Translfiortation Funds." Motion carried 4-0 with Councilmember Boyack absent. 07 Page 2 - CITY OF POWAY - August 19, 2008 City Councilmember Announcements (continued) . Poway Bob's Restaurant Review Deputy Mayor Emery reviewed the O'Harley's Bar and Grill located at 13437 Community Road in the Wal-Mart Center . Pet of the Week by Councilmember Rexford. Councilmember Rexford introduced a picture of Smudge, a female cat, who is awaiting adoption at the Escondido Humane Society The Adoption Counsel can be reached at (760) 888-2247 Presentations Presentation of Proclamation to the Poway Kiwanis Club congratulating them on their 35th Anniversary Deputy Mayor Emery made the presentation to Kiwanis Club President Milt Gaebler Public Oral Communications Ed Schaefer and Bonnie Constable spoke on the improvements being done on Espola Road and the impact on traffic. Ed Carboneau expressed concerns about the status of Poway as a tourist attraction in San Diego County Continued Public Hearinqs 2. Ordinance No 677 - Second Reading Entitled, "An Ordinance of the City of Poway, California, Amending Chapter 8 76 of the Poway Municipal Code by Amending Section 876010; Adding Section 8.76015, Amending Section 8.76020; Amending Section 876.030; Adding Section 876035, Amending Section 8.76040, Amending Section 8 76 050; Amending Section 8 76 090; Amending Section 8.76 110 and Amending Section 8 76 130, All Concerning Defensible Space, Vegetation Management and Waste Accumulations," Additionally, Staff Recommends the Adoption of Two Concurrent Resolutions Entitled: a. "A Resolution of the City Council of the City of Poway, California, Adopting a Wildfire Defensible Space Program Policy" b "A Resolution of the City Council of the City of Poway, California Amending the Appeal Fee Contained in the Master Schedule of Fees." (0330-65) Kevin Kitch, Safety Services Division Chief, provided the report. The first reading of this proposed ordinance was held on August 5, 2008 Staff was directed to make one modification to the proposed amendments to Chapter 8 76 of the PMC regarding timelines for compliance. The proposed ordinance was submitted in a strikeout version to highlight the change. The report also addressed community concerns regarding firebreaks, the ability to perform in excess of 100 feet of fuel reduction, and foreclosure properties. 9077 Page 3 - CITY OF POWA Y - August 19, 2008 Dee Fleischman spoke in support of this item, and asked that the tree care pamphlets be distributed by various means through the community Nick Stavros opposed having the same people performing the audit, inspection, and enforcement and suggested a review committee. City Council Action: Motion by Deputy Mayor Emery and seconded by Councilmember Higginson to close the public hearing, waive further reading, and adopt Ordinance No 677 as titled above, by a roll call vote and adopt two concurrent resolutions Nos. 08-070 and 08-071 as titled above respectively Motion carried 4-0 with Councilmember Boyack absent. Public Hearinqs 3 General Plan Amendment (GPA 08-01) Adoption of the 2005-2010 Housing Element Update and Related GPA 08-02 Amending the Land Use Element. (0220-30) Patti Brindle, City Planner, presented the staff report. The Housing Element is one of seven required Elements of the General Plan. State law mandates that this Element be updated at least every five years. This update covers the 2005-2010 planning period. Staff is also recommending modifications to the Land Use Element for consistency with the recommended Housing Element. Mike Fry opposed this item because the State is imposing demands into the City's housing and development plans, including increased density and growth. Dee Fleischman was similarly opposed to this item. Nick Stavros opposed the State's mandates on building housing particularly given the impacts on the City including increased water needs. Joe St. Lucas spoke on concerns of increased affordable housing but supported three story buildings. Lynette Perks opposed the three story buildings and is concerned of additional affordable housing increasing the City's need for water Tom Scott, representing San Diego Housing Federation, supported the Housing Element as submitted. City Council Action: Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to close the public hearing and adopt Resolution No 08-072 entitled, "A Resolution of the City Council of the City of Poway, California, Approving General Plan Amendment 08-01 Adopting the 2005-2010 Housing Element Update and General Plan Amendment 08-02 Approving Related Amendments to the Land Use Element of the General Plan." Motion carried 3-1 with Councilmember Rexford voting "No" and Council member Boyack absent. 9078 Page 4 - CITY OF POWA Y - August 19, 2008 4 Environmental Assessment, Conditional Use Permit 08-01, Development Review 08- 02, and Variance 08-07, City of Poway, Applicant: A request to construct an approximate 1, 120-square-foot water replacement pump station and related 35-foot-tall antenna to allow a secure method of remotely controlling the facility located at 15197 Espola Road, in the Rural Residential B (RR-B) zone The application includes a request for a Variance approval to observe a O-foot street side yard setback from the former High Valley Road right-of-way when a 20-foot setback is required in the zone APN: 321-030-71 (0210-30) Jim Lyon, Senior Planner, presented the staff report. The original High Valley Pump Station was constructed in 1956 The facility has remained basically unchanged since its construction and is in need of replacement. The City is proposing the construction of an approximate 1, 120-square-foot water pump station building and updated equipment to replace the existing facility The project also includes the installation of a 35-foot- tall SCADA telemetry antenna to provide a more secure method of turning the equipment on and off during an emergency A Variance is also requested to observe a O-foot street side yard setback from the former High Valley Road right-of-way when a 20-foot setback is required in the zone. Leonard Schumacher said he is the owner of the 40 foot easement where this project is proposed. He has not given permission for this project to go forward on his land. Buford Miller opposes the City's position that Mr Schumacher is not the rightful owner saying there is an honest dispute here. Lisa Schumacher spoke on the title report history and urged the City Council to get their own expert to determine the rightful owner City Council Action: Motion by Deputy Mayor Emery and seconded by Councilmember Higginson to close the public hearing and conditionally adopt Planning Resolution No P-08-18 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 08-01, Development Review 08-02 and Variance 08-07 Assessor's Parcel Number 321-030-71 Approval is conditioned upon staff obtaining a title policy with plotted easements to ensure the City has rights to use the easements for the proposed improvements prior to proceeding. Motion carried 4-0 with Councilmember Boyack absent. 5 Conditional Use Permit 08-02; Kathryn Holt, Poway Adult Day Health Care Center, ApplicanUCochran Family Trust, Owner. A request to establish and operate an adult day care business serving up to 90 clients in the building located at 12250 Crosthwaite Circle, on property that is zoned South Poway Planned Community and has a land use designation of Light Industrial. (0210-30) Carol Rosas, Associate Planner, presented the staff report. This is a request for approval of a Conditional Use Permit to operate an adult day care center in an industrial building located at 12250 Crosthwaite Circle. The property is zoned South Poway Planned Community and has a land use designation of Light Industrial. A day care use is permitted on the site with the approval of a Conditional Use Permit. 9079 Page 5 - CITY OF POWA Y - August 19, 2008 Steven Swedell, Poway, representing business and property owner at 12267 Crosthwaite, said he was concerned with increased traffic and suggested placing an all- way stop at Crosthwaite and Stowe Drive to slow vehicle speeds. City Council Action: Motion by Deputy Mayor Emery, seconded by Council member Rexford, to close the public hearing and adopt Planning Resolution No 08-19 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 08-02 Assessor's Parcel Number 317-810-16," with direction to staff to study the possibility of installing an all-way stop sign at the intersection of Stowe Drive and Crosthwaite Circle Motion carried 4-0 with Councilmember Boyack absent. Staff Report 6 Approved the Reconsideration of the Building-Related Application Fee Waiver Policy for Property Owners Affected by the Witch Creek Fire (0490-15) Staff recommended a modification to the building-related fee adjustments that were approved in November 2007 for properties affected by the Witch Creek Fire, to further lessen the financial impact of rebuilding There were no public speakers on this item. City Council Action: Motion by Councilmembner Higginson, seconded by Deputy Mayor Emery, to close the public hearing and adopt Resolution No 08-073 entitled, "A Resolution of the City Council of the City of Poway, California, Declaring Property Owners Affected by the Witch Creek Fire to be Eligible for Certain Permit Fee Waivers and Rescinding Resolution No. 07-082." Motion caried 4-0 with Councilmember Boyack absent. Workshop 7 Workshop on Proposed Update to Development Impact Fees. (0490-15) Without City Council discussion, this item was continued to the City Council meeting of September 9, 2008, at the request of staff. Consent Calendar Motion by Councilmember Higginson, seconded by Councilmember Rexford, to approve the Consent Calendar consisting of items 8 through 10 and 12 through 13 Motion carried 4-0 with Councilmember Boyack absent. Item 11 was removed from the Consent Calendar at the request of a member of the public and was heard separately 8 Ratification of Warrant Register for the Periods of July 14 through July 18, 2008 and July 21 through July 25, 2008 (0475-20) 9 Acceptance of City Investment Report as of June 30, 2008 (0450-80) 9080 . Page 6 - CITY OF POWA Y - August 19, 2008 Consent Calendar continued: 10 Award of Contract for Pool Equipment Repair and Maintenance Services to Knorr Systems, Inc, RFP 08-028, in the amount not to exceed $12,000 for the first year (0700-10) 11 Award of Bid for the Titan and Espola Left-Turn Lanes Project (CIP#5282) Bid No 08- 029 to Rentex Construction Inc., The lowest possible bidder, in the amount of $273,576 (0700-10) Daniel Krall, Poway, requested this item be removed for discussion. He opposed this project saying it does not solve the traffic problems it is addressing City Council Action: Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to award the bid as recommended by staff and to allow staff to consider additional signage or street markings if needed. Motion carried 4-0 with CouncilmemberBoyack absent. 12. Adoption of Resolution No 08-068 Entitled, "A Resolution of the City Council of the City of Poway, California Authorizing the Examination of Sales, Use, and Transaction Tax Records." (0790-90) 13 Receive Report of Emergency Repair Expenditures Pertaining to the Witch Creek Fire and Continue the City Manager's Authorization to Make the Necessary Emergency Repairs Under Authority of Resolution No 07-079, Adopted on October 25, 2007 (0320-30) Mayor and City Council-Initiated Items 18 BETTY REXFORD A. Request Council Concurrence to appoint a member to the Poway Housing Commission. City Council Action: Councilmember Rexford requested and received Council's concurrence to appoint Ryan Tarzy to the Poway Housing Commission. 20 MICKEY CAFAGNA A. Report on Regional Fire Protection Committee Recommendations. Mayor Cafagna provided an update on the parcel tax proposition being placed on the November 4, 2008 ballot to provide funding for firefighting equipment throughout the County He requested Council's support. City Council Action: The City Council directed staff to bring a resolution to the Council at a future meeting Adiournment Mayor Cafagna adjourned the meeting at 9:25 p.m. Xl?n~fLe ~Lt0 L. Diane Shea, Interim City Clerk City of Poway, Cgl!f81nia