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CC 2002 04-30CITY OF POWAY, CALIFORNA MINUTES OF THE CITY COUNCIL REGULAR MEETING APRIL 30, 2002 The April 30, 2002, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Deputy Mayor Emery at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT Bob Emery, Jay Goldby, Don Higginson, Betty Rexford COUNCILMEMBERS ABSENT Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Penny Riley Steve Eckis Sherrie Worrell Warren Sharer Robert Clark Niall Fritz Deborah Johnson Dennis Quillen Mark Sanchez Linda Barnett Patti Brindle Javid Siminou Scott Edwards Bob Krans Jim Lyon City Manager Deputy City Manager City Attorney Deputy City Clerk Director of Administrative Services Director of Community Services Director of Development Services Director of Redevelopment Services Assistant Director of Public Works Director of Safety Services Sheriff's Captain City Planner City Engineer Management Analyst Division Chief Associate Planner PLEDGE OF ALLEGIANCE Councilmember Higginson led the Pledge of Allegiance. 7520 PUBLIC ORAL COMMUNICATION Deputy Mayor Emery explained the procedure for Public Oral Communications. The following people were present wishing to speak: David Ferreira, 12861 Blanco Ct., requested the City build a sound wall behind his property to block the noise from Community Park. Susan Conniry, 12061 Wildcat Canyon Road, Lakeside, thanked Council for their donation and support of the Coyote Youth Project. Tony Reyna, 13970 Magnolia Ave., thanked Council for their donation to the Coyote Youth Project. The following people spoke in opposition to the expansion of Temple Adat Shalom: Earl Clampett, 12623 Pedriza Drive Maria Vilar, 15922 Country Squire Drive Frank Lidesma, 12622 Pedriza Drive Kym Terrazas, 12745 Pedriza Drive Kelly Wheeler, 12711 Footman Court Julie Hattler, 12703 Footman Court Dave Herber, 12671 Footman Lane Marcella Badin, 12683 Footman Lane Diane Hoist, 12646 Pedriza Drive CONSENT CALENDAR Councilmember Goldby requested Item #11 be removed from Consent Calendar for discussion. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to approve the remainder of the Consent Calendar as follows: (401-10) Ratification of Warrant Register for the period April 1 - 5, 2002. Approval of Minutes - City of Poway April 2, 2002 - Canceled Regular Meeting 10. 12. Approval of Appropriation of $37,500 from the General Fund for Acquisition of Automated External Defibrillators, Training Supplies, and Other Equipment for the Implementation of a Public Access Defibrillation Program. (1302-05) Award of Bid for the Traffic Signal interconnect and Fiber Optic Communication Project-Central System. (Reject all bids.) (601-03) 7521 13. Adoption of Resolution No. 02-041 - Commending Eagle Scout Brian Stahl. (701-17) 14. Authorization to Cancel the May 2, 2002 City Council Adjourned Regular Meeting. (701-01 ) 14.1 Approval of $500 Community Contribution for the Poway Thunder Baseball Team. (1180-05) 14.2 Adoption of Resolution No. 02-042 - Initiation of a Specific Plan (SP 02-02) for property designated Mixed Use along Poway Road. (203-21) Motion carried 4-0 with Mayor Cafagna absent. Deputy Mayor Emery requested and received Council concurrence to hear Item 2 first. ITEM 2 (203-08/203-14) CONDITIONAL USE PERMIT 90-10M(2) DEVELOPMENT REVIEW 00-24 APPLICANT: TESORO WEST COAST CO. APN: R17-1Ri3-R~ Deputy Mayor Emery opened the public hearing. Staff report by City Manager Bowersox. City Council discussed this proposal at the July 13, 2000 workshop and directed the applicant to work with staff to develop a proposal that would address potential design, location, and traffic issues. This is a request to construct a gasoline fueling facility with 6 dispensers at the Wal-Mart property located at 13425 Community Road. The colors and materials of the proposed structures would be consistent with the current building. New landscaping would be installed along Community Road and within the vicinity of the proposed gas station. The facility would also include a carwash area east of the gas station to be used for fund raising events and a sewage disposal site for recreational vehicles. The following people spoke in opposition to the project: Sam Boyd, 1333 East Madison Ave., El Cajon, submitted a petition for the record. Stephen Fitch, 3465 Camino Del Rio South, San Diego Eric yon Ehrenberg, 17686 Caminito Hercuba, San Diego James Kreifeldt, 13125 Oakline Court Tammara Phillips,14010 Olive Meadows Jerry Brannon, 5613 Via Del Corlado, Torrance Steve Zuill, P.O. Box 873, Poway 7522 The following people spoke in support of the project: Craig Abbott, 13425 Community Road, representative for Wal-Mart. Sharon Douglas, 10824 134th, Auburn, Washington, representative for Tesoro Petroleum. John Borhman, 1565 Hotel Circle South, representing Linscott Law and Greenspan Engineers, gave an overview of the traffic study that had been prepared for the project. Motion by Councilmember Higginson, seconded by Councilmember Rexford, to close the public hearing and adopt Planning Resolution No. P-02-17, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Modification of Conditional Use Permit 90-10M(2) and Development Review 00-24 for a Gas Station at the Wal- Mart. Assessor's Parcel Number: 317-130-66" with the amendment that any outdoor PA systems be removed and staff to review the hours of operation. Motion carried 4-0 with Mayor Cafagna absent. Deputy Mayor Emery called for a brief recess at 8:30 p.m. Council reconvened at 8:35 p.m. with all members present, except Mayor Cafagna. ITEM 1 (203-21) ENVIRONMENTAL ASSESSMENT SPECIFIC PLAN SP 02-01 ALLOWABLE USES POWAY PLAZA SHOPPING CENTER APPLICANT: CITY OF POWAY APNs: 317-490-71, 75, 77, 78, 79, 80, 81,82 and 83 Deputy Mayor Emery opened the public hearing. Staff report by City Manager Bowersox. On March 26, 2002, the City Council initiated Specific Plan 02-01 to limit uses permitted in the Poway Plaza Shopping Center to protect the commercial viability of the center and the Poway Road commercial corridor. Last year the City and the Poway Chamber of Commerce co-sponsored four community workshops specifically targeted at local business owners, and surrounding property owners along Poway Road. The goal of the workshops was to reintroduce the Poway Road Specific Plan, determine priorities and concerns regarding revitalization, and identify City-supported funding programs to promote, and assist in, revitalization of businesses and the center. Another tool to assist the City and supporting businesses in the revitalization effort is the use of a specific plan. The Economic Development Division of the Redevelopment Services Department has identified several centers that are in need of revitalization and 7523 protection from economic degradation resulting from non-commercial and non-retail uses that do not support the center-wide vitality. The proposed specific plan is the first of potentially more that may be required to promote revitalization of a center by preventing further economic degradation. Development Services Director Fritz gave an overview of the proposed Specific Plan. The Poway Plaza Shopping Center was designed based on a main anchor suite of approximately 40,500 square feet and a secondary anchor of approximately 18,150 square feet. Due to the depth of the parcel and corresponding shopping center design, many of the smaller suites within the center do not have the visibility to Poway Road to make them commercially viable. The permanent loss of the anchor tenant could economically reduce the shopping center to the equivalent of a typical strip center, providing only limited commercial and economic support to the center. In an effort to prevent further economic degradation of this center, the proposed plan would limit the types of land uses available to the major and secondary anchor tenant spaces within the center and allow new tenants that would assist in restoring the commercial viability to the Poway Plaza Shopping Center and surrounding businesses. The following people spoke in opposition to the plan: Mike Moser, 4365 Executive Dr., #900, San Diego Will Gustafson Kevin Sullivan, 613 W. Valley Pkwy., Escondido John Jennings, 4520 Executive Dr., #111, San Diego Kari Desgalier, 501 W. Broadway, San Diego General discussion ensued. Motion by Councilmember Rexford, seconded by Councilmember Goldby, to continue the public hearing to June 4, 2002. Motion carried 3-1 with Councilmember Higginson voting "no" and Mayor Cafagna absent. ITEM 3 (701-04 #557) FIRST READING/ORDINANCE NO. 557 ADMINISTRATIVE CITATIONS AND PENALTIES Deputy Mayor Emery opened the public hearing and read the title of the ordinance, "An Ordinance of the City of Poway, California, Amending Chapter 1.08 and Adding Chapter 1.10 of the Poway Municipal Code Pertaining to Administrative Citations and Penalties." Staff report by City Attorney Eckis. At the City Council meeting of December 11, 2001, during the review of the modification to the conditions of approval for Poway Honda, the 7524 City Council gave direction to draft an ordinance to provide the option of applying a monetary penalty of violations. This was in response to the frustration experienced by residents affected by violations and the length of time taken by the violator to bring the matter into compliance. The City Council reviewed a draft of this ordinance at its meeting of February 19, 2002. The ordinance would provide an additional tool in the City's ongoing efforts to protect health, welfare and safety through the enforcement of local codes. The issuance of a citation would occur only when all other methods of voluntary compliance have not succeeded and it is clear that the violator is not being cooperative in his/her efforts. It should also be noted that this new ordinance would not affect the City Council's current ability to modify or revoke a CUP or MCUP for noncompliance with conditions of approval and the Poway Municipal Code. The following person was present wishing to speak: Christian Todesco, 12640 Pedriza Dr., spoke in support of the ordinance. Motion by Councilmember Higginson, seconded by Councilmember Goldby, to waive further reading and continue the public hearing to May 14, 2002 for second reading and adoption. Motion carried 4-0 with Mayor Cafagna absent. ITEM 4 DEVELOPMENT REVIEW 02-01 APPLICANT: ROBERT LAMAGNO APN: 314-192-38, 39, 73 and 74 (203-14) Deputy Mayor Emery opened the public hearing. Staff report by City Manager Bowersox. On October 3, 2000, the City Council approved TTM 99-01R, which is a 14- lot residential subdivision of 6.69-acres on the east side of Midland Road on Holly Oak Way and Twin Gables Court. The applicant is proposing the develop 6 of the 14 lots with semi-custom homes through the Development Review process in order to provide flexibility in the front yard setback requirements due to easement that have been placed on Lots 1, 2, 3, 4, 5 and 7. Section 17.08.190 of the Municipal Code allows front yard setbacks in tract developments to be reduced through the Development Review process. The following people spoke in support of the project: Michael Vaughan, 13280 Olive Meadows Drive James Kent, 6338 Winona Ave., San Diego Bob Lamagno, 13083 Wimberly Square #102, San Diego 7525 The following people spoke in opposition of the project: Dee Fleischman, 15070 Pomerado Road Fred Zuill, 13636 Outlook Road Karen Kees, 12819 Selma Court General discussion ensued. Motion by Councilmember Higginson, seconded by Councilmember Rexford, to close the public hearing, and adopt Planning Resolution No. P-02-18, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Development Review 02- 01 for Lots 1, 2, 3, 4, 5, and 7 of the Diroma Estates Subdivision, Assessor's Parcel Numbers: 314-192-38, 39, 73 and 74," with the amendment that the perimeter wooden fence be moved back a minimum of 5 feet from the north and east side of the tree; a minimum 5 foot tall black chain link or decorative metal fence to be constructed around the tree into the open space easement, keeping a minimum distance of 5 feet from the tree, and connected to the wood fence on either side of tree. Motion carried 3-1 with Councilmember Goldby voting "no" and Mayor Cafagna absent. Council requested staff to construct a story line of the proposed fencing and bring a report back at a future meeting, with a review of the Tree Ordinance and Tree Committee Charter. ITEM 5 (701-04 #456) ANNUAL DESIGNATION OF INAPPROPRIATE AREAS FOR SECOND DWELLING UNITS iN SINGLE FAMILY RESIDENTIAL ZONES Staff report by City Manager Bowersox. Ordinance No. 456 was adopted to restrict the construction of second dwelling units to areas where public services were adequate and requires an annual designation and adoption of a Resolution of inappropriate areas. There are no recommended changes from the prior year's designation. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember Rexford, to adopt Resolution No. 02-043, entitled, "A Resolution of the City Council of the City of Poway, California Regarding Annual Designation of Inappropriate Areas for Second Dwelling Units in Single Family Residential Zones and Rescinding Resolution No. 01-017." Motion carried 4-0 with Mayor Cafagna absent. 7526 ITEM 6 (704-10) STATUS REPORT ILLEGAL ENCAMPMENTS Staff report by City Manager Bowersox. Staff provides the Council with quarterly reports on the status of illegal encampment activities within the City. This report represents information from the first quarter; covering January through March, 2002. Staff recommends the report be received and filed. No objection as filed. Mayor Cafagna absent. ITEM 11 (402-05) RECREATION PROGRAM CANCELLATION FEE INCREASE AND CHANGE IN REVENUE SPLIT Councilmember Goldby stated he had pulled this item to discuss the cancellation fees and the revenue split. The resolution deals with two issues, specifically the refund for cancellation of a class and the splitting of the compensation between the City and instructors. The fee for canceling a class needs to be set at $15.00 and the revenue split should be increased to a 60/40 split for the instructors fee. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to adopt Resolution No. 02-044, entitled, "A Resolution of the City Council of the City of Poway, California, Authorizing an Increase to Recreation Program Cancellation Fees" (to $15.00). Motion carried 3-1 with Deputy Mayor Emery voting "no" and Mayor Cafagna absent. CITY MANAGER ITEMS 15. City Manager Bowersox recognized Deputy City Clerk Worrell for her completion of her Certified Municipal Clerk (CMC) Designation. CITY ATTORNEY ITEMS 16. City Attorney Eckis stated that he had entered the City into an Amicus Brief with the Metropolitan Water District of Southern California regarding the hiring of "contract" employees and not paying them City Benefits. 7527 Page 9 - CITY OF POWAY - April 30, 2002 MAYOR AND CITY COUNCIL-INITIATED ITEMS 17A. Deputy Mayor Emery provided Council with an update on the MTDB FY 02-03 budget and potential changes in transit service levels. (1503-26) Council concurred to continue this item to May 7, 2002. 21A. Deputy Mayor Emery stated that the County had adopted their plan Regional Governance plan. Due to the absence of Mayor Cafagna, no report was provided. (1503-46) ADJOURNMENT Deputy Mayor Emery adjourned the meeting at 10:31 p.m. Councilmember Higginson, seconded by Councilmember Goldby. with Mayor Cafagna absent. upon motion by Motion carried 4-0 Sherrie D. Worrell, Deputy City Clerk City of Poway