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CC 2003 10-28 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING OCTOBER 28, 2003 The October 28, 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, Don Higginson, Betty Rexford, Mickey Cafagna COUNCILMEMBERS ABSENT Jay Goldby STAFF MEMBERS PRESENT James Bowersox City Manager Penny Riley Deputy City Manager Steve Eckis City Attorney Lori Anne Peoples City Clerk Warren Shafer Director of Administrative Services Robert Clark Director of Community Services Niall Fritz Director of Development Services Jim Howell Director of Public Works Dennis Quillen Assistant Director of Public Works Deborah Johnson Director of Redevelopment Services Mark Sanchez Director of Safety Services Ray Fisher Sheriff's Lieutenant Javid Siminou City Engineer Patti Brindle City Planner Scott Edwards Sr. Management Analyst Paolo Romero Management Assistant PLEDGE OF ALLEGIANCE Deputy Mayor Rexford led the Pledge of Allegiance. PRESENTATION Mayor Cafagna stated that the presentation by Catherine Hill to Councilmember Bob Emery for his graduation from the League of California Cities Mayor and Councilmember Academy was being continued to a future Agenda. (0710-40) 7959 Page 2 - CITY OF POWAY - October 28, 2003 Mayor Cafagna presented Certificates and Badges to the 19th Graduating Class of Reserve Park Rangers and Reservists. (0710-40) Mayor Cafagna, Deputy City Manager Riley and Safety Services Director Sanchez provided an update on the fire and its impact on the City of Poway and surrounding areas. The audience gave a standing ovation to the firefighters, Safety Services Department and City employees. City Attorney Eckis requested an item be added to the Agenda as the need to take action arose after the posting of the Agenda. The item being a Resolution finding and declaring an emergency in the City and suspending the notice and bidding requirements for repairs required. Motion by Councilmember Emery, seconded by Councilmember Higginson, to bring the item onto the Agenda as the need to take action arose after the posting of the Agenda. Motion carried 4-0 with Councilmember Goldby absent. Motion by Councilmember Emery, seconded by Deputy Mayor Rexford, to adopt Resolution No. 03-084, entitled, "A Resolution of the City Council of the City of Poway, California Finding and Declaring the Existence of an Emergency within the City and Suspending Notice and Bidding Requirements in Connection with Repairs Required Thereby." Motion carried 4-0 with Councilmember Goldby absent. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following people were present wishing to speak: Louis Tooch, 14105 Powers Road, spoke regarding the need to post the new speed limit signs on the east end of Poway Road. John Fitch, 14544 Cedar Ridge Court, requested support from the City to assist his neighbors in rebuilding after the fire. Pat Palmer, 12829 El Rey Vista, commended Poway staff and public for their actions during the fire and support of the community referring to them as a '¥illage of Angels." Chris Lucidi, 15015 Lucidi Farms Way, spoke regarding his father bulldozing the habitat to save their home from the fire. 7960 Page 3 - CITY OF POWAY - October 28, 2003 CONSENT CALENDAR Motion by Deputy Mayor Rexford, seconded by Councilmember Emery, to approve the Consent Calendar as follows: 7. Ratification of Warrant Registers for the periods September 22-26, 2003, and September 29 - October 3, 2003. (0475-20) 8. Approval of Minutes - City Council October 7, 2003 - Regular Meeting 10. Acceptance of the Tuscarora Guardrail and Drainage Improvement Project (#1428 & #1272) from HTA Construction. (0700-'10) 11. Annual Review of Development Agreement with Trident Homes of California, Inc. and Shea Homes Limited Partnership. (0700-10) 12. Annual Review of Development Agreement with Tech Business Center, LLC., for the development of Poway Corporate Center (Units '1, 2, & 3). (0700-10) 13. Annual Review of Development Agreement with Environmental Development, Ltd. (Old Coach Golf Estates/The Heritage Golf Estates). (0700-'10) '14. Annual Review of Development Agreement with Parkway Development, LLC., for the development of Poway Business Center. (0700-10) Motion carried 4-0 with Councilmember Goldby absent. ITEM 1A (203-04/203-'10) ENVIRONMENTAL ASSESSMENT VARIANCE 03-04 MINOR DEVELOPMENT REVIEW 03-44 VARIANCE 03-14 MINOR DEVELOPMENT REVIEW 03-45 HILLSIDE/RIDGELINE MINOR DEVELOPMENT REVIEW 03-46 BRUCE AND JENNIFER BOWMAN, APPLICANTS Mayor Cafagna opened the public hearing. Councilmember Emery stated he would be abstaining from participation in this item as he lives within 500 feet of the proposed project. Introduction by Deputy City Manager Riley. This is a request to construct three single-family residences on Parcel 1, Parcel 2 and Parcel 3 of Parcel Map 10313 located at the southerly terminus of Golden Sunset Court. The application also includes a request for a Variance approval to allow the proposed residences on Parcel 1 and 2 to encroach into the required 40-foot front yard setback. APNs: 321-220-08, 09 and 10. 7961 Page 4 - CITY OF POWAY - October 28, 2003 Deputy City Manager Riley stated that a quorum was not expected to be at this meeting and therefore requested the item be continued to the meeting of November 4, 2003. There was no one present wishing to speak. Motion by Deputy Mayor Rexford, seconded by Councilmember Higginson, to continue the public hearing to November 4, 2003. Motion carried 3-0 with Councilmember Emery abstaining and Councilmember Goldby absent. ITEM 1 (0740-20 #591 ) ORDINANCE NO. 591/FIRST READING AMENDING SECTION 10.32.010 POWAY MUNICIPAL CODE ESTABLISH SPEED LIMITS VALLE VERDE AREA SOUTH OF ESPOLA ROAD Mayor Cafagna opened the public hearing and read the title of Ordinance No. 591, "An Ordinance of the City of Poway, California, Amending Section 10.32.010 of the Poway Municipal Code to Establish Speed Limits on Certain Roadways in the Valle Verde Area, South of Espola Road." Councilmember Higginson stated he would be abstaining from participation on this item as his home is in the vicinity. The following people were present wishing to speak: Becky Lindsay, 16718 Avenida Florencia, representing the Valle Verde Homeowners Association, spoke in support of the proposed ordinance. Robert Nelson, 12922 Camino Del Valle, spoke in support. Larry Fromm, 12810 Via Del Toro, spoke in support. David W. Bouer, 13134 Avenida La Valencia, spoke ~n opposition. Howard Bossert, 16414 Calle Ana, spoke in opposition. Motion by Councilmember Emery, seconded by Deputy Mayor Rexford, to waive further reading (unanimous vote) and continue the public hearing to November 18, 2003, for second reading and adoption. Motion carried 3-0 with Councilmember Higginson abstaining and Councilmember Goldby absent. Council also requested staff bring back a report on how the signage enforcement is working and alternatives over and above the signage in the future. 7962 Page 5 - CITY OF POWAY - October 28, 2003 ITEM 2 (0740-20 #592) ORDINANCE NO. 592/FIRST READING AMENDING SECTIONS OF CHAPTER 8.68 POWAY MUNICIPAL CODE REGULATING SOLID WASTE, RECYCLABLES YARD WASTE, OTHER COMPOSTABLES HANDLING SERVICES Mayor Cafagna opened the public hearing and read the title of Ordinance No. 592, "An Ordinance of the City of Poway, California, Amending Certain Sections of Chapter 8.68 of the Poway Municipal Code Regulating Solid Waste, Recyclables, Yard Waste and Other Compostables Handling Services." Deputy City Manager stated that staff was requesting this item be continued to January 27, 2004, to allow time to review new information. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Higginson, to take public input and continue the public hearing to January 27, 2004. Motion carried 4-0 with Councilmember Goldby absent. ITEM 3 (0250-14) FUNDING ALLOCATION FY 2004-05 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Mayor Cafagna opened the public hearing. Staff report by Deputy City Manager Riley. The City of Poway is awarded an annual allocation of Community Development Block Grant (CDBG) funds from the United States Department of Housing and Urban Development (HUD) through the County of San Diego. This report proposes a plan for the use of the FY 2004-05 funding that will be available in Fall 2004, and the hearing provides an opportunity for public input in accordance with CDBG Guidelines. The City will receive an allocation of $235,685 in FY 2004-05 and is proposing allocation of $35,230 to the Affordable Housing Assistance and Referral Program (#5961); $90,000 for the Residential Rehabilitation Loan Program (#5971); $100,455 for the Oak Knoll Revitalization Area infrastructure improvements; and $10,000 for Phase Two of an ADA Compliance Assessment. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Deputy Mayor Rexford, to close the public hearing and allocate the $235,685 in funding as recommended. Motion carried 4-0 with Councilmember Goldby absent. 7963 Page 6 - CITY OF POWAY - October 28, 2003 ITEM 4 (0210-70) VARIANCE 03-11 MINOR DEVELOPMENT REVIEW APPLICATION 03-76 JON AND LYNN RINGARD, APPLICANTS Mayor Cafagna opened the public hearing. Staff repor~ by Deputy City Manager Riley. This is a request to construct a phased 1,985-square-foot addition to an existing single-family residence and a request for a Variance to allow a portion of the addition, a 720-square-foot workshop, to observe a 10 ~-foot side yard setback where a 20- foot setback is required at 14934 La Manda Drive. APN: 314-682-20. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Deputy Mayor Rexford, to close the public hearing and adopt Planning Resolution No. P-03-68, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Variance 03-11 and Minor Development Review Application 03-76 Assessor's Parcel Number 314-682- 20." Motion carried 4-0 with Councilmember Goldby absent. ITEM 5 (0350-80) APPROPRIATION OF FUNDS LOCAL LAW ENFORCEMENT BLOCK GRANT Mayor Cafagna opened the public hearing. Staff report by Deputy City Manager Riley. The Fiscal Year 1998 Appropriation Act, Public Law 105-119, provided $523 million for the continuation of the Local Law Enforcement Block Grants (LLEBG) Program to be administered by the Bureau of Justice Assistance (BJA), U.S. Department of Justice. The purpose of the program is to provide funds to units of local governments to underwrite projects to reduce crime and improve public safety. The previously received grant funds have been deposited in an interest-bearing account with the County of San Diego, and the program guidelines now require the City to expend the funds in advance. Participation in the program requires ten percent matching funds by the City with expenditures to be reimbursed by the County. Staff is recommending the Council appropriate $17,607 from the General Fund for law enforcement expenditure of which $3,169 will be forwarded to the County of San Diego Drug Court Program and $12,677 will be repaid from the Local Law Enforcement Block Grant. There was no one present wishing to speak. Motion by Deputy Mayor Rexford, seconded by Councilmember Emery, to close the public hearing and appropriate $17,607 from the General Fund for law enforcement expenditures. Motion carried 4-0 with Councilmember Goldby absent. 7964 Page 7 - CITY OF POWAY - October 28, 2003 ITEM 6 (0350-60) STATUS REPORT ILLEGAL ENCAMPMENT ACTIVITIES Staff report by Deputy City Manager Riley. 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 July through September, 2003. Staff recommends the report be received and filed. No objection as filed. Mayor Cafagna requested staff look into the reported weekend encampment activities reported around the High Valley area. CITY MANAGER ITEMS 15. Deputy City Manager Riley provided a brief State Budget Update. (0150-50) Deputy City Manager Riley also noted that the Public Meeting regarding the Espola Road Widening, which was scheduled to be held Wednesday evening in the Poway Community Center, had been rescheduled to November 19, 2003, due to the need for staff to concentrate their efforts on the fire assessments. CITY ATTORNEY ITEMS 16. City Attorney Eckis announced that the Big Stone Lodge escrow was closed on Friday, October 24th and praised the work efforts of David Narevsky and Tina White. MAYOR AND CITY COUNCIL-INITIATED ITEMS 21A. Mayor Cafagna stated that he had brought the issue of obtaining financing for Copter 1 up to the ARJIS Board who voted to bring it up to the full SANDAG Board at their next meeting. (0150-20) 21B. Mayor Cafagna requested and received Council concurrence to appoint Zachary Petersen to the Teen Issues Committee. (0120-80) 7965 Page 8 - CiTY OF POWAY - October 28, 2003 ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:45 p.m. upon motion by Councilmember Emery, seconded by Deputy Mayor Rexford. Motion carried unanimously. L~ri~nne Peoples, Ci't'y-Cl~rk City'of Poway 7958