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CC 2003 08-05CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 5, 2003 The August 5, 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 HJgginson STAFF MEMBERS PRESENT James Bowersox Penny Riley Steve Eckis Lori Anne Peoples Warren Shafer Peter Moote Niall Fritz Jim Howell Dennis Quillen Deborah Johnson Ingrid Alverde Mark Sanchez Leonard Zuniga Javid Siminou Patti Brindle Jim Lyon Scott Edwards Paolo Romero City Manager Deputy City Manager City Attorney City Clerk Director of Ae Services Deputy Director of Ad " Services Director of Development Services Director of Public Works Assistant Director of Public Works Director of Redevelopment Services Economic Development Manager Director of Safety Services Sheriff's Lieutenant City Engineer City Planner St. Planner Sr. Management Analyst Intern - City Manager's Office PLEDGE OF ALLEGIANCE Deputy Mayor Rexford led the Pledge of Allegiance. PROCLAMATION Mayor Cafagna presented a Proclamation proclaiming Children's Vision and Learning Month - August 2003 to Lyna Dyosn of Dr. Janiuk's Office. 7897 Page 2 - CITY OF POWAY - August 5, 2003 PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral C :ions. The following people were present wishing to speak: Jim Tom Cavanaugh, 12937 Oak Knoll Road, presented a petition signed by his neighborhood in opposition to a citizen's request for a footbridge at the end of Oak Knoll. Pat Bresee, 13120 Pomerado Road, #118, representing Weingart Senior Center, invited all present to purchase raffle tickets and attend the Annual Picnic on August 22nd. CONSENT CALENDAR Motion by Deputy Mayor Rexford, seconded by C Consent Calendar as follows: ~er Emery, to approve the 10. Ratification of Warrant Registers for the Period of July 7 through July 11, 2003. (401-10) 11. Approval of Minutes - City Council July 8, 2003 - Regular Meeting July 10, 2003 -Adjourned Regular Meeting July 15, 2003- Canceled Regular Meeting July 22, 2003 - Canceled Regular Meeting 13. Appropriation of $21,375 in Funding from the California Law E ' Equipment Program (CLEEP) Grant Fund for a Transportable Live Scan Digital Fingerprinting Machine from Identix. (401-30) 14. Approval of Poway Visitor Services Program Budget with the Poway Chamber of Commerce in the amount of $25,565 for Fiscal Year 2003-2004. (1180-05) 17. Approval of Positions on Pending Legislation: Support AB 150 - Sex Offender Registration: Penalties, AB 327 - Vehicles: Parking: Persons with Disabilities: Violations; AB 1051 - Capital Facilities Fees; SB 17 - Property Taxation: Change in Ownership; SB 103 - Sales and Use Taxes; SB 157 - Sales and Use Taxes: Uniformity and S JR 7 - Highways: Truck Lengths. Oppose AB 1141 - Meyers-Millas-Brown Act: Agency Shop Agreements and SB 440 - Employer- Employee Relations: Law E : Officers and Fireflghters. (701-11 ) 7898 Page 3 - CITY OF POWAY - August 5, 2003 IV :' ' :1 4-0 with C 3er Higginson absent. 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 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 imp Ih Old Coach Golf Estates TTM 89-13R and Heritage Ranch Estates 'FI'M 98-02. This item was continued from May 6, 2003, Item #2 and June 10, 2003 Item #1. Staff has determined that additional time is needed to allow certain property owners affected by the Reimbursement Agreement t backup C :ion pertinent to its formation. Th present wishing to speak. Motion by C 3er Emery, seconded by Deputy Mayor Rexford, to continue the public hearing to October 7, 2003. Motion carried 4-0 with C ~er Higginson absent. ITEM 2 (401-27) TAX RATES FOR BOND INTEREST AND REDEMPTION FISCAL YEAR 2003-2004 IMPROVEMENT DISTRICTS POWAY MUNICIPAL WATER DISTRICT Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. In order to have the bond principal and interest for Fiscal Year 2003-2004 collected on the tax roll, it ' 'y for the City Council to approve the rates for the bond issues and to notify the County of San Diego of the amount to be levied. Th present wishing to speak. Motion by C ~er Emery, seconded by Deputy Mayor Rexford, to close the public hearing and adopt Resolution No. 03-069, entitled, "A Resolution of the City Council of the City of Poway, California, Estimating the Amount Necessary to be Raised for Taxation for the Fiscal Years 2003-2004 for Improvement Districts of the City Formerly Known as Poway Municipal Water District." Motion carried 4-0 with C 3er Higginson absent. 7899 Page 4 - CITY OF POWAY - August 5, 2003 ITEM 3 (203-04) VARIANCE 03-05 APPLICANTS: CARL AND MICHELLE EWING Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to allow a portion of a 223-square-foot addition to an existing single- family residence to observe a 7 1/2-foot side yard setback where a 10-foot setback is required at 13273 Olive Meadows Drive. APN: 314-550-19. Th present wishing to speak. Motion by C ~er Emery, seconded by Deputy Mayor Rexford, to close the public hearing and adopt Planning Resolution No. P-03-45, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 03-05 Assessor's Parcel Number 314-550-19." Motion carried 4-0 with C 3er Higginson absent. ITEM 4 CONDITIONAL USE PERMIT 03-05 TELECOMMUNICATION FACILITY ST. JOHN OF DAMASCUS CHURCH 16903 ESPOLA ROAD APPLICATION: ClNGULAR WIRELESS (203-08) Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. The applicant is requesting a Conditional Use Permit to install a t :ion facility consisting of 6 : :i ancillary equipment within a proposed 35-foot-tall, "faux" bell tower attached to the existing St. John of Damascus Church located at 16903 Espola Road. The following people were present wishing to speak: Paul Thompson, 16864 St. James Drive, spoke in opposition. Darrell Daugherty, 6160 C Court #150, San Diego, representing Cingular Wireless, spoke in support of the request and responded to questions of the Council. Motion by Mayor Cafagna, seconded by C ~er Goldby, to continue the public hearing to August 19, 2003 to allow staff time to bring back a report on relative actions of the County of San Diego and City of El Cajon regarding the prohibition of cell towers within City limits. 790O Page 5 - CITY OF POWAY - August 5, 2003 ITEM 5 (203-24) MINOR CONDITIONAL USE PERMIT 00-006 MODIFICATION 13910 POWAY ROAD APPLICANT: POWAY MITSUBISHI Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff report by Development Services Director Fritz. This is a request to construct a 1,500-square-foot used car sales office on approximately 0.6 acres of a 227-acre parcel located at the northeast corner of Poway Road and Evanston Drive (13910 Poway Road.) APNs: 323-201-22 and 323-203-20. The following I: present wishing to speak: George N. Poppa, III, 13265 Vista View Court, expressed concerns with the need for sufficient parking. Motion by Mayor Cafagna, seconded by Deputy Mayor Rex'ford, to close the public hearing and adopt Planning Resolution No. P-03-46, entitled, "A Resolution of the City Council of the City of Poway, California Approving Modification to Minor Conditional Use Permit 00-006(M), A Request by the Poway Mitsubishi to Expand the Automotive Display Area APNS: 323-201-22 and 323-203-20," as amended to provide for adequate parking to be designated for employees. Motion carried 4-0 with C ~er Higginson absent. ITEM 6 (2O3-04) VARIANCE 03-06 ACCESS GATE ORCHARD VIEW LANE Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request for Council approval of the installation of an access gate on a street and a fence height Variance approval to legalize an 8.5-foot-high vehicle entry gate installed across Orchard View Lane near its northerly terminus. 15132 Orchard View Lane, APN: 321-031-30. The following people were present wishing to speak: Vicki Gowey, 14440 Golden Sunset Lane, spoke in support of the existing gate. Bob Boone, 15140 Country Hill Road, spoke in opposition to the gate. Tim Connole, 15138 Orchard View Lane, applicant, spoke in support of the request and responded to q " :the Council. 7901 Page 6 - CITY OF POWAY - August 5, 2003 Motion by C 3er Emery, seconded by Deputy Mayor Rexford, to close the public hearing and adopt Planning Resolution No. P-03-47, entitled, "A Resolution of the City Council of the City of Poway, California, Denying Variance 03-06 Assessor's Parcel Number 321-031-30," and opposing any future installation of an entry gate to the development. Motion carried 3-1 with C 3er Higginson absent and Mayor Cafagna voting "no." ITEM 7 (203-08/203-14/203-04) ENVIRONMENTAL ASSESSMENT CONDITIONAL USE PERMIT 03-07 DEVELOPMENT REVIEW 03-08 VARIANCE 03-09 APPLICANT: CITY OF POWAY Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct an 885-sq pump station and a Variance to observe an 8-foot street side yard setback where a 25-foot setback is required at 17109 and 17063 Cloudcroft Drive. APNs: 273-182-01 and 02. Th present wishing to speak. Motion by C 3er Emery, seconded by Deputy Mayor Rexford, to close the public hearing and adopt Planning Resolution No. P-03-48, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 03- 07, Development Review 03-08 and Variance 03-09 Assessor's Parcel Numbers 273- 182-01 and 02." M :' :t 4-0 with C 3er Higginson absent. Mayor Cafagna requested Item 9.1 be heard at this time. ITEM 9.1 (702-12) PROPOSED INITIATIVE MEASURE ZONE CHANGE PROPOSITION FF Introduction by City Manager Bowersox. Staff report by City Attorney Eckis. Pursuant to Elections Code §9203(a) the City Attorney prepared a Ballot Title and Summary for the proposed initiative measure which would rezone the 20 acres at the northwest corner of Highway 67 and Poway Road to Automotive/General C (NGC). The proponent h . :1 and submitted a petition requesting a special election to consider the proposed measure. The following F present wishing to speak: Zip Lucidi, 15015 Lucidi Farms Way. 7902 Page 7 - CITY OF POWAY - August 5, 2003 Motion by C 3er Emery, seconded by C ~er Goldby, to authorize staff to prepare a plan for a public education program and to begin background work in anticipation that Council will direct the preparation of an impact report at a future date. M ' :1 4-0 with C 3er Higginson absent. CITY MANAGERITEMS 18. City Manager Bowersox provided Council with a State Budget Update. (1502-23) ADJOURNMENT Mayor Cafagna adjourned the meeting at 10:20 p.m. upon motion by C Emery, seconded by C 3er Goldby. :er nne Peoples, City ~31erk (~t~ of Poway 7903