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CC 2000 12-19CiTY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING DECEMBER 19, 2000 The December 19, 2000, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Mayor Cafagna at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Penny Riley Lori Anne Peoples Tamara Smith Warren Shafer Robert Clark Niall Fritz Jim Howell Dennis Quillen Deborah Johnson Mark Sanchez John Tenwolde Javid Siminou Patti Brindle Jim Lyon Brad Kutzner Pamela Wilczak David Narevsky Steve Streeter Jennifer Johnson City Manager Deputy City Manager City Clerk Assistant City Attorney Director of Administrative Services Director of Community Services Director of Development Services Director of Public Works Deputy Director of Public Works Director of Redevelopment Services Director of Safety Services Sheriff's Captain City Engineer City Planner Associate Planner Senior Civil Engineer Housing Program Manager Redevelopment Manager Principal Planner Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Goldby led the Pledge of Allegiance. 7114 Page 2 - CITY OF POWAY - December 19, 2000 PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following people were present wishing to speak regarding animal projects on City property and at City sponsored events: Katelynn Clint, 12705 Roca Grande Drive, representing Rancho-Poway 4-H. Robert Coates, 12710 Roca Grande Drive, representing CSHA/PURA. DeAnne Erickson, 16281 Sycamore Canyon. Randy VonNordheim, 13029 Golden Way, representing Poway 4-H. Ashley VonNordheim, 13029 Golden Way. Casey Baucon, 14545 Crestline Drive. Michael Rothbert, 14441 Range Park Road. Ed Schaefer, 15151 Crocker Road, requested Council assistance regarding private property in his neighborhood being used by some as a recreational trail. CONSENT CALENDAR Deputy Mayor Goldby requested Item Nos. 15-20 be pulled from the Consent Calendar for discussion. Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to approve the remainder of the Consent Calendar as follows: 11. Ratification of Warrant Register for the Periods November 20-24, 2000 and November 27-December 1,2000. (401-10) 12. Rejection Claims Against the City: Automobile Club of Southern California (policy holder William Tam); Linsley Hudson Carpenter; Richard Cobum; Samantha Castillo and Dan A. Latour. (704-13) 13. Status Report on Pending Legislation: 2000 Summary of Legislative Activities. (701-11) 14. Approval of Standard Agreement for Renewal of Contract for Fire Inspector Services with Dale Partusch. (602-01 #1459) 21. Acceptance of the Weingart Senior Center Kitchen Remodeling Project from Randall Construction. (602-01 #1402) 22. Award of Bid for the 2000 Vehicle Replacement Program to Richardson Pontiac/GMC (19 vehicles) for $450,391.77 and Pearson Ford (two vehicles) for $61,811.86. (601-03) 7115 Page 3 - CITY OF POWAY - December 19, 2000 23. Award of Bid for the Purchase of a 3.5 Ton Asphalt Compactor (Bid No. 01-006) to Ingersoll-Rand in the amount of $27,250. (601-03) 24. Approval of Resolution No. 00-116 - Authorizing the City to Execute an Agreement with the California Department of Transportation (Caltrans) for the Sign Replacement Program and Reimbursement Grant. (401-30/602-01 #1460) 25. Adoption of Resolution No. 00-117 and Resolution No. R-00-21 - Confirming the Necessity of expending Housing Fund monies to pay costs associated with planning for and administering affordable housing projects and programs during fiscal year 1999-00. (401-22R) 25.1 Approval of a Request for an Amendment to the Disposition and Development Agreement (DDA) between the Poway Redevelopment Agency and Matt Travis for the Property Near the Southeast Corner of Poway and Midland Roads, 13631 Poway Road. (APN 317-190-44). (602-01 ~273R) Motion carried unanimously. ITEM 1 (203-14) ENVIRONMENTAL ASSESSMENT DEVELOPMENT REVIEW 00-99 OWNER: KEVIN MCNAMARA-OLD POWAY VILLAGE LLC APPLICANT: ZIEBARTH ASSOCIATES Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff report by Development Services Director Fritz of the changes made since the November 28, 2000 Council meeting at the request of the Council. This is a request to construct a three-building, 22,000-square-foot retail commercial and restaurant building on a 1.7-acre site located on the southwest corner of Midland Road and Temple Street. The following people were present wishing to speak: John Ziebarth, representing Old Poway Village LLC, made a brief presentation on the proposed project and responded to questions of the Council. Tom Grela, 12835 Grimsley, expressed concerns with the proposed changes to Midland Road. Gall Trunnell, 13314 Neddick, spoke in opposition to the project requesting additional public input meetings and advertising. 7116 Page 4 - CITY OF POWAY - December 19, 2000 Dee Fleischman, 15070 Pomerado Road, expressed her personal concerns regarding landscaping plans, the proposed restaurant area, wooden walkways and windows etc. Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the public hearing and adopt Planning Resolution No. P-00-97, entitled, "A Resolution of the City Council of the City of Poway, California Approving Development Review 00-09 Assessor's Parcel Number 314-212-02, 03, 04, 05 and 06" as amended to include the requirement of the landscape plan to come back to Council for review and approval. Motion carried unanimously. ITEM 2 (203-13) ENVIRONMENTAL ASSESSMENT BRIGHTON AVENUE STRUCTURE CLEARANCE Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request by the City of Poway as applicant, to remove seven existing single family homes along with several small businesses and associated outbuildings located along Brighton Avenue between Edgemoor Street and Temple Street. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Higginson, to close the pubic hearing and issue a negative declaration. Motion carded unanimously. ITEM 3 (203-08/602-01 #1458) ENVIRONMENTAL ASSESSMENT CONDITIONAL USE PERMIT 99-16 KUMEYAAY-IPAI INTERPRETIVE CENTER AT PAUWAI APPLICANT: CITY OF POWAY Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to adopt the Kumeyaay-lpai Interpretive Center at Pauwai Master Plan for the 2.86-acre site located at the southern terminus of Silver Lake Drive. The following people were present speaking in support: Connie Messina, 12643 Oak Knoll Rd. Susan Floyd, 17415 Port Marmock Chris Daly, 13036 Tuscarora Dr. Allen Lawson, San Pasqual Reservation Eamon H. Kavanagh, 13243 Evanston Dr. 7117 Page 5 - CITY OF POWAY - December 19, 2000 Lynn Gamble, 15164 Oak Canyon Rd. Philip de Barros, 13730 Via Cima Bella Motion by Councilmember Emery, seconded by Deputy Mayor Goldby, to close the public hearing, issue a negative declaration and adopt Planning Resolution No. P-00-98, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 99-16, Assessor's Parcel Number 317-490-46." Motion carded unanimously. ITEM 4 (203-01/203-14) ENVIRONMENTAL ASSESSMENT TENTATIVE TRACT MAP 4191-9R DEVELOPMENT REVIEW 00-23 APPLICANT: MCCULLOUGH-AMES Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff report by Development Services Director Fritz. This is a request to modify the grading plan for 10 of the 12 lots of Final Map 12880 to allow pad elevations to be lowered between five and eight feet on four of the lots from the 1991 approved pad elevations; to allow enlarged pads that result in additional encroachment into the open space easement with the biological impacts to be mitigated. This request also includes Development Review 00-23 to establish the design standards for the construction of 10 homes using five different elevations on a 60-acre site located on Stagecrest Drive, east of Brookstone in the Rancho Arbolitos Planned Community zone. The following people were present wishing to speak: Maryann Milcetic, 12735 Larchmont St., spoke in opposition to the project. Graham Morgan, 12751 Larchmont St., spoke in opposition to the project. Melanie Smoot, 12761 Larchmont St., spoke in opposition to the project. Brett Ames, Applicant, spoke in support of the project and responded to questions of the Council and public. Motion by Councilmember Higginson, seconded by Deputy Mayor Goldby, to close the public hearing and adopt Planning Resolution No. P-00-99, entitled, "A Resolution of the City Council of the City of Poway, California Modifying the Grading Plan Pertaining to Final Map 12880/Tentative Tract Map ('I'TM) 4191-9R and Development Review (DR) 00- 23 Assessor's Parcel Numbers APN: 3140371-24 to 35," as amended to require the homes abutting Larchmont be single story. Motion carried 3-2 with Councilmembers Emery and Rexford voting "no." Mayor Cafagna called for a brief recess at 9:20 p.m. 7118 Page 6 - CITY OF POWAY - December 19, 2000 Council reconvened at 9:31 p.m. with all members present. ITEM 5 (1204-13) 2000 URBAN WATER MANAGEMENT PLAN Mayor Cafagna opened the public headng. Staff report by City Manager Bowersox. The City is required under the Urban Water Management Planning Act, and subsequent amendments, to prepare an Urban Water Management Plan, which shall be reviewed and updated at least once every five years. A review of the water use trends and analysis of projected water demand and supply are required components of the plan. Staff has prepared the 2000 update to the City of Poway's 1995 Urban Water Management Plan and recommends that the public hearing be held and the proposed resolution approving the plan be adopted. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Deputy Mayor Goldby, to close the public hearing and adopt Resolution No. 00-118, entitled, "A Resolution of the City Council of the City of Poway, California, Adopting the City of Poway's 2000 Urban Water Management Plan and Rescinding Resolution No. 96-003." Motion carried unanimously. ITEM 6 (203-14) COUNTY USE PERMIT 65-98M3W DEVELOPMENT REVIEW 90-10 LUTHERAN CHURCH OF THE INCARNATION APPLICANTS: DOMINY & ASSOCIATES Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to allow a memorial garden/columbarium (450 niches) to be built in three phases on the existing church campus at 16889 Espola Road. Since the printing of the agenda, the architect for the congregation discovered that a greater number of niches could be accommodated in the columbarium. The new estimate is 524 niches. The planned first and second phases will be constructed as one phase with 272 niches in Phase 1 and 128 niches in Phase 2 and 124 niches in Phase 3. The following people were present wishing to speak: Rev. Jack E. Lindquist, 2414 Front Street, San Diego, spoke in support of the item and requested consideration for the removal of Condition F on page 3 of the resolution of approval. 7119 Page 7 - CITY OF POWAY - December 19, 2000 Wayne Holtan, Project Architect with Dominy & Associates, 2150 W. Washington, #303, San Diego, responded to questions of the Council. Motion by Councilmember Higginson, seconded by Deputy Mayor Goldby, to close the public hearing and adopt Planning Resolution No. P-00-100, entitled, "A Resolution of the City Council of the City of Poway, California Approving County Use Permit 65098M3W Assessor's Parcel Number 273-820-08" as amended to remove the actual number of niches as they are only an estimate and to remove Condition F pertaining to the applicant providing written assurance from the governing body of the Lutheran Church for the operation and upkeep of the columbarium garden, if for any reason, the Lutheran Church of the Incarnation is not able to meet its obligations. Motion carried unanimously. Mayor Cafagna requested Item 7 be heard at the end of the agenda. ITEM 8 (203-24) STATUS REPORT MINOR CONDITIONAL USE PERMIT 99-06 APPLICANT: MOTORSPORT WAREHOUSE Introduction by City Manager Bowersox. At the Council meeting of November 14, 2000, Council requested staff provide a status report on bdnging the outstanding violations at this business into compliance. Director of Development Services Fritz provided an overview of the staff report and stated that the applicant had until December 20~ at 5:00 p.m. to obtain the required building permit. The following person was present wishing to speak: Jeff Schultz, General Manager of Motorsport Warehouse, 13630 Poway Road, spoke in support of his application and responded to questions of the Council. No action taken. ITEM 9 (1162-01) TRAFFIC SIGNALS POWAY ROAD AND MIDLAND ROAD U-TURNS AT SIGNALIZED NTERSECTIONS Staff report by City Manager Bowersox. At Council's request, staff has completed a u-turn 7120 Page 8 - CITY OF POWAY - December 19, 2000 movement review of all signalized intersections to develop a uniform policy for determining whether or not u-turns can be allowed at signals. Staff inventoried existing signage and made street measurements at all signalized intersections to evaluate and determine whether or not u-turn movements may be safely completed. Installation of new signs and markings threughout the City will cost appreximately $75,000. The project will be funded from existing street maintenance budget over a two-year life. The Treffic Safety Committee recommends the Council approve the suggested changes to the signalized intersections threughout the City to allow for a uniform policy and to eliminate right turn ovedap and corresponding u-turn restriction at the intersection of Poway Road and Midland Road. There was no one present wishing to speak. Motion by Mayor Cafagna, seconded by Councilmember Emery, to approve the suggested changes to the signalized intersections throughout the City. Motion carried unanimously. ITEM 10 (203-21) INITIATION OF SPECIFIC PLAN AMENDMENT 84-01WW SOUTH POWAY SPECIFIC PLAN DELETE MINI PARK REQUIREMENT Staff report by City Manager Bowersox. Two applicants have asked staff to bring a Resolution initiating an amendment to the South Poway Specific Plan to revise the mini- park requirement. There was no one present wishing to speak. Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to adopt Resolution No. 119, entitled, "A Resolution of the City Council of the City of Poway, California Initiating an Amendment to the South Poway Specific Plan, Specific Plan Amendment (SPA 84- 01WW)." Motion carried unanimously. Mayor Cafagna requested the Consent Calendar Items No. 15-20, pulled by Deputy Mayor Goldby for discussion, be heard at this time. ITEM 15 (602-01 #874) ANNUAL REVIEW OF DEVELOPMENT AGREEMENT TRIDENT HOMES OF CALIFORNIA, INC. AND SHEA HOMES LIMITED PARTNERSHIP ITEM 16 (602-01 #830) ANNUAL REVIEW OF DEVELOPMENT AGREEMENT ENVIRONMENTAL DEVELOPMENT, LTD. 7121 Page 9 - CITY OF POWAY - December 19, 2000 ITEM 17 (602-01 #400) ANNUAL REVIEW OF DEVELOPMENT AGREEMENT W.H. POMERADO, LL. ITEM 18 (602-01 #626) ANNUAL REVIEW OF DEVELOPMENT AGREEMENT PARKWAY DEVELOPMENT, LLC RESOLUTION APPROVING A 5-YEAR EXTENSION ITEM 19 (602-01 #835) ANNUAL REVIEW OF DEVELOPMENT AGREEMENT TECH CENTER, LLC FOR TECH BUSINESS CENTER ITEM 20 (602-01 #836) ANNUAL REVIEW OF DEVELOPMENT AGREEMENT TECH CENTER, LLC FOR POWAY CORPORATE CENTER RESOLUTION APPROVING A 5-YEAR EXTENSION Deputy Mayor Goldby inquired as to whether these items were perfunctory or if an actual physical review was performed to ensure what is stated in the report is actually the case. City Manager Bowersox responded stating each is monitored. Motion by Deputy Mayor Goldby, seconded by Mayor Cafagna, to find that each applicant had demonstrated good faith compliance with the terms of their respective Development Agreement, and on Item No. 18, to adopt Resolution No. 120, entitled, "A Resolution of the City Council of the City of Poway, California Approving a Five-Year Time Extension for the Parkway Business Centre Development Agreement," and on Item No. 20, to adopt Resolution No. 121, entitled, "A Resolution of the City Council of the City of Poway, California Approving a Five-Year Time Extension for the Poway Corporate Center Development Agreement." Motion carried unanimously. Mayor Cafagna requested Item No. 7 be heard at this time. ITEM 7 (1204-13) DRAFT PERMIT PROPOSED REGIONAL (NPDES) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM Introduction by City Manager Bowersox, This staff report provides additional information 7122 Page 10 - CITY OF POWAY - December 19, 2000 relating to the proposed National Pollutant Discharge Elimination System (NPDES) permit that the San Diego Regional Water Quality Control Board (SDRWQCB) is considering for adoption on February 14, 2001. It provides background information on the adoption process, comments submitted by the City and other agencies in response to the draft permit and an overview of the significant operational and fiscal impacts this permit will have on the City's existing Storm Water Quality Management Program. Director of Public Works Howell introduced Arlalan Dadkhah, Ph.D., P.E. of D-Max Engineering, Inc., consultant to Poway and other San Diego County jurisdictions. Mr. Dadkhah provided a brief PowerPoint presentation (copy on file in the Office of the City Clerk) providing the background including deadlines for compliance; objectives; legal authority; requirements; San Diego Region watersheds; jurisdictional URMP; planning phase; priority project categories; construction phase; existing facilities; existing development (municipal); existing development (industrial); existing development (commercial); existing development (residential); educational component; illicit discharge detection and elimination component; list of constituents; other requirements; jurisdictional URMP document; Watershed URMP program; assessment of receiving water quality; annual reporting; implementation including estimated costs; City of Poway's current storm water management programs; additional program requirements under the new permit; new program cost summary; total program cost summary. Mr. Dadkhah then responded to questions of the Council. John Robertus, Executive Officer of the San Diego Regional Water Quality Control Board, responded to questions of the Council. No formal action taken. ClTY MANAGERITEMS 26. City Manager Bowersox announced the birth last Friday, December 15th of Christopher Joseph Sanchez, 9 lbs. 8 oz., newest addition to Safety Services Director Mark Sanchez and wife Leisers family. MAYOR AND CITY COUNCIL - INITIATED ITEMS 31. Councilmember Rexford requested staff research grant opportunities for the purpose of hillside preservation. 7123 Page 11 - CITY OF POWAY - December 19, 2000 ADJOURNMENT Mayor Cafagna adjourned the meeting at 11:27 p.m., on motion by Deputy Mayor Goldby, seconded by Councilmember Emery. L~-ri/~,nn~'Peoples, City' ~;lerk' City of Poway 7124