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CC 2001 12-11CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING DECEMBER '11,2001 The December 11,2001, 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 Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna COUNCILMEMBERS ABSENT AT ROLL CALL Bob Emery STAFF MEMBERS PRESENT James Bowersox Penny Riley Sherrie Worrell Steve Eckis Peter Moote Robert Clark Niall Fritz Jim Howell Deborah Johnson Mark Sanchez John Tenwolde Javid Siminou Patti Brindle Jason Martin Dennis Quillen Jennifer Johnson City Manager Deputy City Manager Deputy City Clerk City Attorney Deputy Director of Administrative Services Director of Community Services Director of Development Services Director of Public Works Director of Redevelopment Services Director of Safety Services Sheriff's Captain City Engineer City Planner Senior Planner Assistant Director of Public Works Senior Management Analyst PLEDGE OF ALLEGIANCE Councilmember Higginson led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following person were present wishing to speak: 7417 Page 2 - CITY OF POWAY - December 11, 2001 Ed Carboneau, 14073 Pomegranate, spoke regarding the parking hazards at Poinsettia Mobile Home Park. Frank Ohrmund, 2066 Diamond St., San Diego, spoke regarding the property he owns on Metate Lane and inquired as to why it can't be fenced. Joe St. Lucas, 13033 Earlgate Ct., spoke regarding the Creekside Amphitheater and the noise level around his home. Michael Rothbart, 14441 Range Park Rd., spoke regarding the preservation of Rattlesnake Canyon. Requested the Council held in the formation of a permanent preserve in this canyon. Michael Baker, 14602 Roberto Rio Rd., spoke in support of establishing a preserve for Rattlesnake Canyon. CONSENT CALENDAR Motion by Councilmember Goldby, seconded by Councilmember Rexford, to approve the Consent Calendar as follows: 9. Approval of City's Investment Report as of October 31,2001. (408-01) 10. Appropriation of Funds in the amount of $28,250 for the Potable Water Master Plan. (401-13) 11. Award of Bid for the Garden Road Park Playground to Tri-Group Construction & Development, Inc., in the amount of $184,977. (602-01 #1508) 12. Approval of a Consultant Agreement with GFH Landscape Architecture and the ^ppropriation of Funds in the amount of $89,590 to Prepare Post-Construction Monitoring Reports for Five Years for Beeler and Rattlesnake Creeks. (401-13/602-01 #1510) 13. Pending Legislation: 2001 Summary of Legislative Activities. (701-11) 14. Adoption of the Disadvantaged Business Enterprises (DBE) Program and Annual Goal of 10% for the period of October 1,2001 through September 30, 2002. (1502-17) 15. Award of Fencing Contract to Hurricane and Poway Fence Company of Ramona and Appropriation of $28,500 in funds. (602-01 #1509) 7418 Page 3 - CITY OF POWAY - December 11, 2001 15.1 Adoption of Resolution No. P-01-63 - Approving Temporary Use Permit 01-97, City of Poway, Applicant: A request to hold the Eighth Annual Christmas in the Park on December 15, 2001, from 4:30 p.m. to 8:30 p.m. (203-07) 15.2 Authorization to post Local Appointments List for 2002. (701-09) Motion carried 4-0 with Deputy Mayor Emery absent. ITEM 1 (701-04) ORDINANCE NO. 550/FIRST READING GRADING/CLEARING VIOLATIONS Mayor Cafagna opened the public hearing and read the title of Ordinance No. 550, "An Ordinance of the City of Poway, California, Adding Prohibitions and Penalties to Title 16 of the Poway Municipal Code for Grading and Clearing Violations." Staff report by City Manager Bowersox. Council held the first reading of this ordinance on November 27, 2001. Concern was raised during the first public hearing as to whether this type of penalty was appropriate for all circumstances that had occurred. A revised ordinance was presented for adoption, which eliminates one category of violation, that being for clearing. Council requested staff to come back with a list of violations that have occurred and more information on what this ordinance would do. There was no one present wishing to speak. Motion by Mayor Cafagna, seconded by Councilmember Rexford to close the public hearing and remove the item from the agenda. Motion carried 4-0 with Deputy Mayor Emery absent. ITEM 2 (602-01 #320R) DISPOSITION AND DEVELOPMENT AGREEMENT WATERFORD DEVELOPMENT CORPORATION Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a joint public hearing to consider Environmental Assessment and Disposition and Development Agreement by and between the Poway Redevelopment Agency and Waterford Development Corporation for the development of a 3-story hotel on the northeast corner of the intersection of Scripps Poway Parkway and Stowe Drive. APN: 323-481-08. A continuation of this item to January 8, 2002 is requested. There was no one present wishing to speak. 7419 Page 4 - CITY OF POWAY - December 11,2001 Motion by Councilmember Goldby, seconded by Councilmember Higginson, to continue the public hearing to January 8, 2002. Motion carried 4-0 with Deputy Mayor Emery absent. ITEM 3 (701-04) ORDINANCE NO. 551/FIRST READING CITY-OWNED SKATE PARKS Mayor Cafagna opened the public hearing and read the title of Ordinance No. 551, "An Ordinance of the City of Poway, California, amending Chapter 9.48 and Section 10.56.010 of the Poway Municipal Code Regarding City-Owned Skate Parks." Staff report by City Manager Bowersox. To establish protection from potential liability claims, State law mandates that the City approve an ordinance requiring the use of helmets, elbow pads and knee pads for those using the skate park. The City must also post signage in the skate park that states this requirement and notifies those who do not wear the required protective gear are subject to citation. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to waive further reading, continue the public hearing to January 8, 2002 for second reading and adoption. Motion carried 4-0 with Deputy Mayor Emery absent. ITEM 4 (203-24) MODIFICATION OR REVOCATION MINOR CONDITIONAL USE PERMIT 99-03 DEVELOPMENT REVIEW 99-06 APPLICANT: POWAY HONDA Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff report by Director of Development Services Fritz. On October 2, 2001, City Council directed staff to set a public hearing to potentially modify or revoke the Poway Honda MCUP and DR. Staff is recommending that the MCUP be modified to include additional conditions of approval to ensure the provision of adequate employee and customer parking onsite, the prohibition of car deliveries from Gate Drive, and the prohibition of test- driving vehicles in the adjacent residential neighborhood. The following people were present wishing to speak: Shay Rowe, General Manager for Poway Honda, 13747 Poway Rd., stated that Poway Honda is committed to working with the City and the surrounding neighborhood. 7420 Page 5 - CITY OF POWAY - December 11,2001 Amy LaBruyere, 13047 Gate Dr., spoke in opposition. Chris Cruse, 13734 Utopia, spoke in opposition. Mike Matsumoto, 13114 Gate Dr., spoke in opposition. Glen Peterson, 13719 Fairgate Dr., spoke in support. Motion by Councilmember Goldby, seconded by Councilmember Rexford to close the public hearing, adopt Planning Resolution No. P-01-64, entitled, "A Resolution of the City Council of the City of Poway, California, Rescinding City Council Resolution No. P-99-41 and Approving Modifications to Minor Conditional Use Permit 99-03 and Development Review 99-06 Assessor's Parcel Number 317-190-15, 16, 17, 18, 20, 28 and 39" with the following amendments: 1) the car wash stop operating at 5:00 p.m.; 2) gates be installed across the two driveways onto Gate Drive; 3) citations are issued for violations of the law; 4) the City Attorney look at finding ways to apply some type of financial cost for violations or any remedy short of revocation; 5) that letters be sent to the other dealerships that don't have CUPS, in regards to unloading vehicles on Gate Drive; and 6) the City Attorney draft an ordinance for the unloading of vehicles or any commercial parking on Gate Drive. Motion carried 4-0 with Deputy Mayor Emery absent. ITEM 5 (203-08) CONDITIONAL USE PERMIT 01-01/ DEVELOPMENT REVIEW 01-07 APPLICANT: RON AND JUDITH STEPHENS Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 9,313 square-foot pre-school on the final remaining undeveloped lot of the Twin Peaks Plaza commercial center at the southwest corner of Twin Peaks Road and Ted Williams Parkway. The pre-school will serve up to a maximum of 180 children. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember Goldby to close the public hearing and adopt Planning Resolution No. P-01-65, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 01-08 and Development Review 01-07 Assessor's Parcel Number 314-710-35." Motion carried 4-0 with Deputy Mayor Goldby absent. ITEM 6 (203-08) CONDITIONAL USE PERMIT 01-13 APPLICANT: SPRINT PCS Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to install a telecommunications facility consisting of 9 panel antennas 7421 Page 6 - CITY OF POWAY - December 11,2001 mounted to the side of an existing building (the Poway Dental Building), and ground mounted equipment, on a developed property located at 13422 Pomerado Road. The antennas are proposed to be well integrated into the building architecture, or are not visible to public view. The equipment will be towards the back of the site and enclosed within an equipment enclosure, which is architecturally compatible with the building. No visual impacts are anticipated and the proposed facility will comply with the FCC design and operational standards. The following person was present wishing to speak: Gerald Merrick, 9275 Skypark Ct., San Diego, spoke in support. Motion by Councilmember Goldby, seconded by Councilmember Rexford to close the public hearing, and adopt Planning Resolution No. 01-66, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 01-13 Assessor's Parcel Number 317-021-10." Motion carried 4-0 with Deputy Mayor Emery absent. ITEM 7 (203-08) CONDITIONAL USE PERMIT 01-14 APPLICANT: SUSAN AND GLENN WILSON/ GTC ACADEMY Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to operate a gymnastic school within an existing 35,262 industrial building currently under construction. The site contains 78 parking spaces including 3 handicap spaces. Advanced EDM Automation proposes to occupy 21,962 square feet of the building and utilize 40 spaces and has allocated 13,300 square feet and 35 parking spaces for the gymnastic facility. The school operates during off peak periods in later afternoons, Monday through Friday and on Saturdays and they close during summer months and winter and spring school breaks. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to close the public hearing, and adopt Planning Resolution No. 01-67, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 01-14 Assessor's Parcel Number 320-220-04." Motion carried 4-0 with Deputy Mayor Emery absent. 7422 Page 7 - CITY OF POWAY - December 11,2001 ITEM 8 (602-01 #177A) PUBLISHING CONTRACT FOR POWAY TODAYWITH POMERADO PUBLISHING Staff report by City Manager Bowersox. This is an extension to the contract for printing the City newsletter, Poway Today, to Pomerado Publishing, The current contract expires on January 31, 2002. A clause in the new contract allows the City to negotiate a time extension. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Rexford to approve staff recommendation. Motion carried 4-0 with Deputy Mayor Goldby absent. CiTY MANAGER ITEMS 16. City Manager Bowersox expressed that as we end our 20th year in this building he is thankful for living and working in Poway, it has been a pleasure and 20 years later it is still a pleasure. CITY ATTORNEY ITEMS 17. City Attorney Eckis requested the following Closed Session be held: Ao Conference with Legal Counsel - Threatened Litigation Discussion on whether or not to initiate litigation Government Code 54956.9(c) Number of potential cases: 1 City Attorney Eckis announced that he would like to join the City in an Amicus Brief in the case of Bonamo v. Contra Costa Transit Authority. It is a case in which the appellant court held that although there was not a dangerous condition on the Transit Authority's property, there was a bus station on their property that encouraged people to cross other property not owned or controlled by the Transit Authority on which there was located a dangerous condition. In this case, the court held the authority liable for damages that the plaintiff suffered while crossing the adjoining property. City Attorney Eckis recommended the City support the Transit Authority's appellant brief writer for the City and County of San Francisco. 7423 Page 8 - CITY OF POWAY - December 11, 2001 MAYOR AND CITY COUNCIL - INITIATED ITEMS 19. Councilmember Goldby requested staff research Mr. Ohrmund's property on Metate Lane to determine whether a fence could be installed if there was not a covenant on the land. Requested that a tour of Rattlesnake Creek Canyon be setup for the Council. 20. Councilmember Higginson thanked staff for working with his neighbors on the recent events that have been taking place in the neighborhood. 21. Councilmember Rexford reminded everyone that Saturday, December 15, 2001 at 4:30 p.m., is Christmas in the Park. 22. Mayor Cafagna congratulated staff for the new playground at Community Park. Mayor Cafagna requested staff prepare a report for Council regarding the issues of the water park money with different recommendations on how to best utilize the funds. CLOSED SESSION Mayor Cafagna called for Closed Session as requested by City Attorney Eckis at 8:29 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 8:49 p.m. with all members present with the exception of Deputy Mayor Emery and adjourned the meeting at 8:50 p.m. upon motion by Councilmember Rexford, seconded by Councilmember Higginson. Sherrie D. Worrell, Deputy City Clerk City of Poway 7424