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CC 2003 06-10CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JUNE 10, 2003 The June 10, 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. COUNClLMEMBERS PRESENT Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Penny Riley Jim Lough Lori Anne Peoples Warren Shafer Peter Moote Robert Clark Niall Fritz Jim Howell Dennis Quiilen Deborah Johnson David Narevsky Mark Sanchez Linda Barnett Javid Siminou Patti Brindle Scott Edwards Paolo Romero City Manager Deputy City Manager Deputy City Attorney City Clerk Director of Administrative Services Deputy Director of Administrative Services Director of Community Services Director of Development Services Director of Public Works Assistant Director of Public Works Director of Redevelopment Services Redevelopment Manager Director of Safety Services Sheriff's Captain City Engineer City Planner Sr. Management Analyst Intern - City Manager's Office PLEDGE OF ALLEGIANCE Deputy Mayor Rexford led the Pledge of Allegiance. PRESENTATION Ray Gross, Executive Director of the Designated DriVers Association, provided Council with a brief presentation on the Safe Ride Program in Poway. 7845 Page 2 - CITY OF POWAY - June 10, 2003 PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral C :ions. The following p present wishing to speak: Kelly Hutchinson, 11225 Beeler Canyon Road, San Diego, expressed her views on Vulcan Materials and the review of their Conditional Use Permit. CONSENT CALENDAR Motion by C 3er Goldby, seconded by C the Consent Calendar as follows: 3er Emery, to approve 10. Ratification of Warrant Registers for the Periods of May 12-16, 2003. (401-10) 11. Approval of Minutes - City Council May 6, 2003 - Regular Meeting May 13, 2003 - Regular Meeting May 15, 2003 - Adjourned Regular Meeting 13. Approval of City's Investment Report as of April 30, 2003. (408-01) 14. Adoption of Planning Resolution No. P-03-28, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Temporary Use Permit 03- 24," City of Poway Community Services Department, Applicant, for the "Annual Old Fashioned Fourth of July Celebration" at Old Poway Park, 14134 Midland Road, from 10 a.m. to 4 p.m., and the fireworks display at Poway High School, 15500 Espola Road from 9 p.m. to 9:20 p.m. on Friday, July 4, 2003. (203-07) 14.1 Award of Bid for Demolition of Residential and Other Miscellaneous Structures and Hazardous Materials Abatement As-Needed Services to Clauss Construction, Inc. with a total contract unit amount of $1,000,000 or two years time, whichever limit is reached first. (602-01 #346R) 14.2 Acceptance of the 2002-2003 Seal Coat Project from CPM, Inc. (602-01 #1547) M ::1 y. 7846 Page 3 - CITY OF POWAY - June 10, 2003 Mayor Cafagna requested Item 9 be heard at this time. ITEM 9 (602-01 #1031) EDCO WASTE AND RECYCLING SERVICES TO RATES SCHEDULE Staff report by City Manager Bowersox. The solid waste franchise agreement allows EDCO Waste and Recycling Services to submit an annual application for a rate review, when necessitated by an increase in the Consumer Price Index (CPI) or a change in landfill disposal costs. The agreement also requires EDCO to collect an AB 939 pass-through fee to fund the City's Household Hazardous Waste/Electronic Waste Collection Program. On January 28, 2003 Council directed staff to present a $0.10 increase to the AB 939 fee with the next EDCO rate adjustment to provide sufficient revenue to pay for E-waste and CRT (cathode ray tube) disposal at the Poway HHW Facility. EDCO has submitted a request for an annual rate adjustment, effective July 1, 2003, for residential, and other special services and fees, which is consistent with the provisions of the franchise agreement. If approved, residential rates will increase by an average of 4.45% and rates will increase by an average of 3.96%. The AB 939 fee has not been increased since 1999 and residential rates have not been increased since 2000. There was no one present wishing to speak. Motion by C 3er Higginson, seconded by Deputy Mayor Rexford, to adopt Resolution No. 03-048, entitled, "A Resolution of the City Council of the City of Poway, California Approving an Adjustment to EDCO Waste and Recycling Services' Rate Schedule Pursuant to the Provisions of the Solid Waste Franchise Agreement, and Rescinding Resolution No. 02-053." Motion carried y. ITEM 1 (203-01/602-01 #1606) REIMBURSEMENT AGREEMENT OLD COACH GOLF ESTATES TTM 89-13R HERITAGE RANCH ESTATES TTM 98-02 SEWER PUMP UPGRADE NORTHPOINT DEVELOPMEN C. Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. Northpoint Development, Inc. has requested the City process a Reimbursement Agreement for certain public improvements in :h Old Coach Golf Estates TTM 89-13R and Heritage Ranch Estates TTM 98-02. This item was continued from May 6, 2003, Item #2. Staff has determined that additional time is needed to allow certain property owners affected by the Reimbursement Agreement to examine backup documentation pertinent to its formation. 7847 -- Page 4 - CITY OF POWAY - June 10, 2003 There was no one present wishing to speak. Motion by C ~er Higginson, seconded by Deputy Mayor Rexford, to continue the public hearing to August 5, 2003. Motion carried y. ITEM 1.1 (701-04 #578/701-04 #-456) ORDINANCE NO. 578/SECOND READING AMENDING SECTION 17.08.180 SECOND DWELLING UNITS ZONING ORDINANCE AMENDMENT 03-02 Mayor Cafagna opened the public hearing and read the title of Ordinance No. 578, "An Ordinance of the City of Poway, California, Amending Section 17.08.180 of the Poway Municipal Code Pertaining to Second Dwelling Units in Residential Zones (Zoning Ordinance Amendment 03-02)." Deputy Mayor Rexford :1 that although she was absent at the first reading, she had reviewed the staff report and recording and was prepared to participate. Staff report by City Manager Bowersox. The proposed Ordinance would amend the Poway Municipal Code processing requirement for second dwelling units, in response to the recently adopted AB 1866. The new law prohibits the City from using any type of discretionary review or conducting a public hearing for second dwelling units. The City Attorney has advised that the City's current code must be modified to eliminate the Conditional Use Permit and public hearing requirement in order to comply with State law. The proposed Ordinance changes only the procedure through which second dwelling units are established and not the development/performance standards for second dwelling units or the limitations on where these units can be located. This item was given first reading on May 20, 2003, Item #2 and continued from June 3, 2003, Item #2 to this evening for second reading and adoption in order to eliminate an internal ' ./which would be created by the initially proposed Ordinance. Th present wishing to speak. Motion by C further reading 578. IV" 3er Higginson, seconded by C 3er Emery, to waive vote), close the public hearing and adopt Ordinance No. Y ITEM 2 (205-02) FISCAL YEARS 2003-2004 & 2004-2005 COMPREHENSIVE FINANCIAL PLAN 7848 Page 5 - CITY OF POWAY - June 10, 2003 Mayor Cafagna opened the public hearing. Overview of staff report by City Manager Bowersox. This is the first of three scheduled public hearings regarding the City of Poway Comprehensive Financial Program. It presents the Proposed Comprehensive Financial Program for the periods of FY 2003-04 and FY 2004-05. The report also includes a 5-year fiscal forecast for the General Fund through FY 2007-08. The proposed plan is again a two-year plan, incorporating two separate fiscal year budgets and establishing separate appropriations for each year. The first year of the proposed Comprehensive Financial Programs :is a City operating budget of $55,599,560. For FY 2004-05, the proposed operating budget is $55,662,130. The following present wishing to speak: Chris Nelson, 13357 Olive Grove Drive, representing the Budget Review Committee, provided a brief Power Point presentation. Motion by Mayor Cafagna, seconded by Deputy Mayor Rexford, to continue the public hearing to June 17, 2003. Motion carried y. ITEM 3 (405-01/1601-10) HOUSING REVENUE BONDS ISSUE OF 2003 POINSETTIA MOBILEHOME PARK PROJECT Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. On April 29, 2003, the City Council and Redevelopment Agency took action to approve the sale of the Poinsettia Parks to Poway Manufactured Home Communities, LLC, an affiliate of Wakeland Housing and Development Corporation. This action is to issue bonds 1 :late the sale of the Poinsettia Mobilehome Parks. Th present wishing to speak. Motion by C ~er Emery, seconded by C ~er Higginson, to close the public hearing and adopt Resolution No. 03-047, entitled, "A Resolution of the City Council of the City of Poway, California Approving the Issuance of its Housing Revenue Bonds, Issue of 2003 (Poinsettia Mobilehome Park Project), and Making Certain Determinations Relating Thereto." M ' :l y. ITEM 4 (701-04 #580) ORDINANCE NO. 580/FIRST READING AMENDING POWAY MUNICIPAL CODE ALLOW OUTDOOR FOOD PREPARATION Mayor Cafagna opened the public hearing and read the title of Ordinance No. 580, "An Ordinance of the City of Poway, California, Amending Sections 17.10.140 and 17.26.030 of the Poway Municipal Code to Allow Outdoor Food Preparation (City- Initiated) (Zoning Ordinance Amendment 03-03)." 7849 Page 6 - CITY OF POWAY - June 10, 2003 Staff report by City Manager Bowersox. The City Council directed staff to prepare an amendment to the Municipal Code to allow outdoor barbecuing as an accessory use to a permitted restaurant or food store. Two Dad's Caf6 and Vineyards, had been the subject of Code Compliance for the use of a barbecue outdoors for food prepared in conjunction with each restaurant. In addition to supermarkets have offered barbecued foods during promotional sales events. This amendment would allow the establishment of a permanent outdoor cooking area on a permanent basis with the approval of a Minor Development Review permit. It would also allow this activity on a temporary basis through the approval of a Temporary Use Permit. There was no one present wishing to speak. Motion by C ~er Higginson, seconded by C ~er Emery, to waive further reading ( vote) and continue the public hearing to June 24, 2003 for second reading and adoption. Motion carried y. ITEM 5 (701-04 #581/203-21 ) ORDINANCE NO. 581/FIRST READING SPECIFIC PLAN AMENDMENT 84-01LLL SOUTH POWAY SPECIFIC PLAN USE MATRIX CONDITIONAL USE PERMIT RECREATIONAL VEHICLE, MOTORCYCLE, OFF-ROAD VEHICLE, WATERCRAFT SALES ANCILLARY SERVICE Mayor Cafagna opened the public hearing and read the title of Ordinance No. 581, "An Ordinance of the City of Poway, California, Approving Specific Plan Amendment (SPA 84-01LLL) to the South Poway Specific Plan to Revise the Use Matrix of the South Poway C and Light Industrial Zones to Allow, with a Conditional Use Permit, Recreation Vehicle, Motorcycle, Off-Road Vehicle, and Watercraft Sales and Ancillary Service." Staff report by City Manager Bowersox. The applicant, Alba Action Sports, is requesting a revision to the use matrix of the South Poway C and Light Industrial zones to allow, with a Conditional Use Permit, vehicle (RV), motorcycle, off-road vehicle, and watercraft sales and ancillary service. Th present wishing to speak. Motion by C 3er Emery, seconded by C 3er Higginson, to waive further reading ( vote) and continue the public hearing to June 24, 2003 for second reading and adoption. M :1 y. 7850 Page 7 - CITY OF POWAY - June 10, 2003 ITEM 6 (203-08/701-04 #580) CONDITIONAL USE PERMIT 03-04 ESTABLISHMENT OF A MOTORCYCLE, OFF-ROAD VEHICLE, AND WATERCRAFT SALES BUSINESS WITH ANCILLARY SERVICE APPLICANT: ALBA ACTION SPORTS Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. The applicant is requesting a Conditional Use Permit to establish a motorcycle, off- road vehicle, and watercraft sales business (with ancillary service) at the developed property located at 12160 Community Road, in the South Poway Business Park in the Light Industrial zone. The applicant, Alba Action Sports, has an existing business located at 12255 Poway Road and has indicated that their current facility is too small to :late the business's inventory and activities and that there are no other appropriately zoned properties available for the I: Poway Road. Conditions of ^pproval are :led to regulate the ongoing business operation and to ensure compliance with City standards. Conditions would relate to the prohibition of outdoor storage, including outdoor product display, and the requirement that all service work be ancillary to the business and occur entirely within the building. With the :led Conditions of Approval, staff is :ling the approval of CUP 03-04. The following present wishing to speak: Kelly Hutchinson, 11225 Beeler Canyon Road, San Diego, expressed concerns with noise from test rides/repair and increased traffic. Motion by C 3er Higginson, seconded by C 3er Emery, to close the public hearing and adopt Planning Resolution No. P-03-29. Motion carried y. ITEM 7 (203-02) OLD COACH RANCH ESTATES TENTATIVE PARCEL MAP 02-03 APPLICANT: SHAW CHENG Mayor Cafagna opened the public hearing. This is a request for approval of a Tentative Parcel Map to subdivide a 167-acre site into four lots located in the northwest section of the City of Poway with access from Olympic Point and Augusta Court in the Heritage II Development. APNs: 277-011-06, 276-070-16 and 276-071- 12. Staff is requesting the item be continued to the Council meeting of June 17, 2003, in order t :late technical revisions to the map. Th present wishing to speak. 7851 Page 8 - CITY OF POWAY - June 10, 2003 Motion by C 3er Higginson, seconded by C continue the public hearing to June 17, 2003. Motion carried 3er Emery, y. to ITEM 8 (203-14) ENVIRONMENTAL ASSESSMENT DEVELOPMENT REVIEW 02-18 APPLICANT: KEITH GORDON WHITE OWNER: TRAVIS INVESTMENT GROUP Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff report by Development Services Director Fritz. This is a request for approval to add approximately 19,457-square-feet to an existing 109,202-square-foot center located at 13630-44 Poway Road. APN: 317-130-47. The following people were present wishing to speak: Bruce Geernaert, property owner of 13616 Poway Road and his architect, Mark Swenson, 5252 Balboa Avenue, #201, San Diego, Studio C Architects, presented plans which would modify the applicant's plans I :late his property. Stephen Lopez, 16787 Bernardo Center Drive, Suite 14, San Diego, Attorney for Mr. Travis, spoke in support of staff :lation and opposition to the proposal of Mr. Geernaert. General d' :l. Motion by Mayor Cafagna, seconded by Deputy Mayor Rexford, to close the public hearing, approve the Negative Declaration and adopt Planning Resolution No. P-03- 30, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Development Review 02-18 for the Expansion and Remodel of Poway City Centre, Assessor's Parcel Number 317-130-47" as amended to include the following on Page 4, Section F (2): "For the purpose of this condition of approval, a "major rehabilitation" is defined as making City-approved improvements that increase the building value by more than 50 percent as determined by the Director of Development Services or as otherwise approved by the Director." Motion carried y. Mayor Cafagna declared a brief recess at 8:25 p.m. Council :l at 8:29 p.m. with all members present. 7852 -- Page 9 - CITY OF POWAY - June 10, 2003 CITY MANAGER ITEMS 15. City Manager Bowersox provided Council with the latest State Budget Update. (1502-23) CITY ATTORNEY ITEMS 16. Deputy City Attorney Jim Lough requested a Closed Session for the following: Significant Exposure to Litigation under G l Code §54956.9(b)(1 ) C.L. Trustees et al v. Lockheed Martin IMS Corp. et al San Diego Superior Court Case No. GIC773619 MAYOR AND CITY COUNCIL-INITIATED ITEMS 17. C 3er Emery requested and received Council to take copies of the letter by City Attorney Eckis regarding AB 361 (Kehoe) to the MTDB meeting and the Mayor to take it to his SANDAG Policy Committee meeting. 18. C 3er Goldby inquired as to the status of the Old Poway Park design project, rod-light camera surveillance program, and requested increased I. 21A. Mayor Cafagna provided a Regional G pdate and stated the AB 361 (Kehoe) had passed on the floor and was moved to the Senate. He will be meeting with our Representatives to attempt to stop AB 381 (Kehoe) prior to it going to the Governor for approval. (1503-46) CLOSED SESSION Mayor Cafagna called for Closed Session as requested by the Deputy City Attorney at 9:25 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 9:52 p.m. with all members present and adjourned the meeting at 9:53 p.m. upon motion by Deputy Mayor Rexford, seconded by C 3er Goldby. M ' :1 y. ~- ~n :nn~e Peoples~, Ci~C~'e~ 7853