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CC 2003 01-07CITY OF POWAY, CALIFORNA MINUTES OF THE CITY COUNCIL REGULAR MEETING JANUARY 7, 2003 The January 7, 2003, 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 Poway Community Library - Meeting Room, 13137 Poway Road, Poway, California. COUNCILMEMBERS PRESENT Bob Emery, Jay Goldby, Betty Rexford, Mickey Cafagna COUNCILMEMBERS ABSENT Don Higginson STAFF MEMBERS PRESENT James Bowersox Penny Riley Steve Eckis Lori Anne Peoples Warren Shafer Robert Clark Niall Fritz Jim Howell Deborah Johnson Mark Sanchez Linda Barnett Scott Edwards City Manager Deputy City Manager City Attorney City Clerk 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 Sr. Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Rexford led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATION Mayor Cafagna explained the procedure for Public Oral Communications. The following people were present wishing to speak: Louis Tooch, 14105 Powers Road, addressed the Council regarding Sheriff's overtime. Robert Coates, 12710 Roca Grande, representing Friends of Gooden Ranch, invited all present to the Stowe Trail Dedication Ceremony, Saturday, January 25, 2003 from noon to 2 p.m. 7713 Page 2 - CITY OF POWAY - January 7, 2003 CONSENT CALENDAR Councilmember Goldby requested Item 10 be pulled for discussion. A member of the public requested Item 15 be pulled for discussion. Motion by Councilmember Emery, seconded by Councilmember Goldby, to approve the Consent Calendar as follows: Ratification of Warrant Registers for the Periods November 25-29, 2002 and December 2-6, 2002. (401-10) 11. Request for Renewal of Contract with Berryman & Henigar to Provide Construction Inspection Services for January 1, 2003 through December 31, 2003 with an option to renew for an additional year. (602-01 #1530) 12. Appropriation of Funding in the amount of $29,973 for law enforcement expenditures of which $26,976 will be repaid from the 2000 Local Law Enforcement Block Grant. (401-30) 13. Award of Bid for the Poway Fire Station 3 Project - Site Preparation (#5537) in the amount of $1,074,180.01 to Single Eagle, Inc. (Continued from December 17, 2002 Item #13) (602-01 #1583) 14. Rejection of Claims (6) Against the City: 1) Kathryn Lane; 2) Stacey Goralczyk; 3) Kenneth Bates; 4) Conrad S. Sansbury; 5) Kevin A. Hainley; 6) Ashton S. Marshall. (704-13) 16. Annual Review of Development Agreement with Parkway Development, LLC. (602-01 #626) 17. Annual Review of Development Agreement with Environmental Development, Ltd. (602-01 #830) 18. Annual Review of Development Agreement with Tech Center, LLC for the Development of Tech Business Center. (602-01 #835) 19. Annual Review of Development Agreement with Tech Center, LLC for the Development of Poway Corporate Center. (602-01 #836) 20. Annual Review of Development Agreement with Trident Homes of California, Inc. and Shea Homes Limited Partnership. (602-01 #874) 21. Adoption of Resolution Nos. 03-001 and R-03-01 (1 City/1 Agency)- 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 2001-02. (401-22R) 7714 Page 3 - CITY OF POWAY - January 7, 2003 Motion carried 4-0 with Councilmember Higginson absent. ITEM 1 (701-04/203-11 ) GENERAL PLAN AMENDMENT 02-03 ZONE CHANGE 02-02 ORDINANCE NO. 570/SECOND READING CHANGING ZONING CLASSIFICATIONS APPLICANT: CITY OF POWAY Mayor Cafagna opened the public hearing and read the title of Ordinance No. 570, "An Ordinance of the City of Poway, California, Changing the Zoning Classification of Certain Properties (ZC 02-02), Repealing Ordinance Nos. 391,392 393 and 401 APNs: 321-111-20, 314-220-66, 67, and 68." There was no one present wishing to speak. Motion by Deputy Mayor Rex'ford, seconded by Councilmember Emery, to close the public hearing, waive further reading (unanimous vote) and adopt Ordinance No. 570. Motion carried 4-0 on a roll call vote with Councilmember Higginson absent. ITEM 2 (203-11 ) LAND USE ELEMENT GENERAL PLAN AMENDMENT 02-03A, B, C, D Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a companion item to Ordinance No. 570 (Zone Change 02-02) that was continued from the City Council meeting of December 17, 2002. Staff recommends that the proposed Resolution for GPA 02-03 be approved to change the land use map and text of the General Plan in order to be consistent with the changes to the zoning map pursuant to Ordinance No. 570. The following person was present wishing to speak: Louis Tooch, 14105 Powers Road, expressed his views on the fire station that was proposed to be built in the industrial park. Motion by Deputy Mayor Rexford, seconded by Councilmember Goldby, to close the public hearing, approve the Negative Declaration and adopt Resolution No. 03-002, entitled, "A Resolution of the City of Poway, California Amending the Land Use Element of the General Plan of the City of Poway General Plan (GPA 02-03A, B, C and D) and Repealing Resolution 93-018." Motion carried 4-0 with Councilmember Higginson absent. 7715 Page 4 - CITY OF POWAY - January 7, 2003 ITEM 3 (701-04/203-11 ) ORDINANCE NO. 571/SECOND READING ADOPTING SPECIFIC PLAN AMENDMENT 84-01DDD DEVELOPMENT STANDARDS SOUTH POWAY SPECIFIC PLAN TRAFFIC MITIGATION FEE FOR LI TO IP LAND USE APPLICANT: CITY OF POWAY Mayor Cafagna opened the public hearing and read the title of Ordinance No. 571, "An Ordinance of the City of Poway, California, Adopting Specific Plan Amendment 84-01 DDD, a Comprehensive Amendment to Volume 2, Development Standards of the South Poway Specific Plan." Councilmember Emery stated he had been absent at first reading but had reviewed the minutes and the staff report and was prepared to vote. There was no one present wishing to speak. Motion by Deputy Mayor Rexford, seconded by Councilmember Goldby, to close the public hearing, waive further reading (unanimous vote) and adopt Ordinance No. 571. Motion carried 4-0 on a roll call vote with Councilmember Higginson absent. ITEM 4 (701-04/203-11 ) ORDINANCE NO. 572/SECOND READING APPROVING SPECIFIC PLAN 84-01FFF SUBTERRANEAN PARKING AREAS SOUTH POWAY PLANNED COMMUNITY APPLICANT: RL HOLDINGS, LLC Mayor Cafagna opened the public hearing and read the title of Ordinance No. 572, "An Ordinance of the City of Poway, California, Approving Specific Plan Amendment 84-01 FFF, Pertaining to the Establishment of Provisions for Subterranean Parking Areas for Properties within the South Poway Planned Community." Councilmember Emery stated he had been absent at first reading but had reviewed the minutes and the staff report and was prepared to vote. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Deputy Mayor Rexford, to close the public hearing, waive further reading (unanimous vote) and adopt Ordinance No. 572. Motion carried 4-0 on a roll call vote with Councilmember Higginson absent. 7716 Page 5 - CITY OF POWAY - January 7, 2003 ITEM 5 (701-04/203-11 ) ORDINANCE NO. 573/FIRST READING ADOPTING SPECIFIC PLAN AMENDMENTS 84-01 XX 84-01 EEE 84-01GGG 84-01HHH SOUTH POWAY SPECIFIC PLAN LIGHT INDUSTRIAL TO INDUSTRIAL PARK APPLICANT: CITY OF POWAY Mayor Cafagna opened the public hearing and read the title of Ordinance No. 573, "An Ordinance of the City of Poway California, adopting Specific Plan Amendments 84- 01XX, 84-0IEEE, 84-01GGG and 84-01HHH, an Amendment to the South Poway Specific Plan to Change Land Use Designations from Light Industrial to Industrial Park. APNs 320-220-06 through 12; 323-090-84; 317-271-01, 06, 07, 12, 13, 18, 50, and 52 through 55; 317-224-21 and 317-224-02 through 04." Councilmember Emery stated he had been absent at first reading but had reviewed the minutes and the staff report and was prepared to vote. The following people were present wishing to speak: Mike Carey, 13975 Danielson Street, representing Seirus, spoke in opposition due to already existing traffic cutting through their parking lot which he felt would be increased. Ted Tchang, 3575 Kenyon Street, San Diego, representing Tech Business Center LLC, spoke in support. Motion by Councilmember Goldby, seconded by Councilmember Emery, to close the public hearing, waive further reading (unanimous vote) and adopt Ordinance No. 573. Motion carried 4-0 with Councilmember Higginson absent. Council requested staff bring back a future agenda item with an aggressive resolution with regard to any increase in through traffic in parking lots. ITEM 6 (203-04/203-10) VARIANCE 02-13 MINOR DEVELOPMENT APPLICATION 02-33 APPLICANTS: JOHN AND MONA MUNOS Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request for approval of a Variance and Minor Development Review to allow a 2,605-square-foot, two-story residence, 32 feet in height, and a 535-square foot garage to observe an 11-foot side yard setback when 20-feet is required. The property is located at Norwalk Street and adjacent to the west side of Midland Road. APN: 314- 182-92. 7717 Page 6 - CITY OF POWAY - January 7, 2003 The following person was present wishing to speak: John Munos, 13837 Terrilee Drive, applicant, spoke in support. General discussion ensued. Councilmember Emery inquired as to whether or not the variance could be shifted to the Midland Road side allowing for a greater space between the two houses. Staff and the applicant felt it to be workable. Motion by Councilmember Emery, seconded by Councilmember Goldby, to close the public hearing and adopt Planning Resolution No. P-03-01, entitled, "^ Resolution of the City Council of the City of Poway, California Approving Variance 02-13 and Minor Development Review Application 02-33 Assessor's Parcel Number 314-182-92" as amended. Motion carried 4-0 with Councilmember Higginson absent. ITEM 7 (1002-01/203-13) ENVIRONMENTAL ASSESSMENT 02-30 PROPERTY ACQUISITION VAN DAM PEAK, APN: 316-020-10 Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. The City of Poway was approached by the owners of an 81.77-acre parcel on the south face of Van Dam Peak (APN 316-020-10), offering the property for sale. Acquisition of this parcel is consistent with previous direction form the City Council to acquire property to preserve prominent landforms in their natural state. It will also utilize fees collected for the purpose of purchasing replacement habitat from the City's Habitat Mitigation Fund. The purchase price for the 81.77-acre parcel is $748,196 and estimated closing costs are $3,804. The following person was present wishing to speak: Quintin Ramil Jr., 17073 War Bonnet Street, San Diego, representing the owners of Van Dam Peak, spoke in support of the proposed acquisition. Motion by Deputy Mayor Rexford, seconded by Councilmember Emery, to close the public hearing, issue the Negative Declaration and adopt Planning Resolution No. P-03- 02, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Environmental Assessment 02-30 Authorization for Purchase ^PN 316-020-10." Motion carried 4-0 with Councilmember Higginson absent. 7718 Page 7 - CITY OF POWAY - January 7, 2003 ITEM 8 (1401-01) COMMUNITY PARK ENTRANCE SIGN Staff report by City Manager Bowersox. Information was previously presented on November 12, 2002, regarding the Civic Center Drive extension. The City Council had questions and comments regarding the proposed Community Park entrance sign. In response, several refinements to the design have been made and two designs were received from a member of the Community Fine Arts Advisory Committee. The following people were present wishing to speak: Dee Fleischman, 14428 Midland Road, spoke in opposition to an arch sign. Carrie Fay, 14464 Pebble Canyon Drive spoke in support of an arch sign. General discussion ensued. Motion by Councilmember Emery to continue the item to the future and expand on the idea. Motion failed for the lack of a second. Motion by Councilmember Emery, seconded by Councilmember Goldby, to not have any signage identifying Community Park. Motion carried 3-1 with Mayor Cafagna voting "no" and Councilmember Higginson absent. Motion by Councilmember Goldby to have some signage identifying Community Park. Motion died for lack of a second. ITEM 8.1 (1002-06) VACATION 03-01 EXISTING WATERLINE EASEMENT KERN PROPERTY 14694 HIGH VALLEY ROAD Staff report by City Manager Bowersox. During the replacement of the High Valley waterline, the new waterline was placed in a different location within a new waterline easement. The existing waterline easement is no longer needed. The following person was present wishing to speak: David Kern, 14694 High Valley Road, spoke in support of the vacation. Motion by Mayor Cafagna, seconded by Councilmember Emery, to adopt Resolution No. 03-003, entitled, "A Resolution of the City Council of the City of Poway, California, Ordering the Vacation of the Waterline Easement on APN 321-060-23 (Vacation 03- 01)." Motion carried 4-0 with Councilmember Higginson absent. 7719 Page 8 - CITY OF POWAY - January 7, 2003 ITEM 10 (405-00R) WAIVER POWAY PUBLIC FINANCING AUTHORITY Councilmember Goldby requested a summary of the actions taken by the Authority be provided in the future. Motion by Councilmember Goldby, seconded by Deputy Mayor Rexford, to adopt Resolution No. F-03-01, entitled, "A Resolution of the Board of Directors of the Poway Public Financing Authority Waiving its Annual Meeting." Motion carried 4-0 with Councilmember Higginson absent. CITY MANAGER ITEMS 22. City Manager Bowersox thanked Safety Services and Public Works for their quick actions and assistance during the recent Santa Ana storm; stated we were still awaiting the announcement of the first baby born in Poway at Pomerado Hospital; spoke regarding the use of motorized scooters on public streets and provided an update on the liD and SDCWA "Long-Term Conserved Water Transfer" Agreement. MAYOR AND CITY COUNCIL-INITIATED ITEMS 24. Councilmember Emery provided a brief verbal update of the SANDAG (Regional Governance) Transition Plan. (1503-46) 27. Deputy Mayor Rexford thanked staff for their assistance with the McMillan trucks on Creek Road and SDG&E issue. 28B. Mayor Cafagna announced that a workshop on the Regional Comprehensive Plan (RCP) (the SANDAG General Plan that puts all cities general plans together in an attempt to reach compatibility regarding traffic and infrastructure issues) was being held Thursday, January 23, 2003 from 6:00 p.m. - 8:30 p.m. at the Escondido City Hall, Mitchell Room. ADJOURNMENT Mayor Cafagna adjourned the workshop meeting at 8:29 p.m. to January 9, 2003, 6:00 p.m., Poway Community Library - Meeting Room, 13137 Poway Road, on motion by Deputy Mayor Rexford, seconded by Councilmember Emery. Motion carried 4-0 with Councilmember Higginson absent. Lori Anne Peoples, City Clerk City of Poway 7720