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CC 2004 02-10 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 10, 2004 The February 10, 2004, 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 (arrived at 7:15 p.m.), Don Higginson, Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox City Manager Penny Riley Assistant City Manager Tamara Smith City Attorney Sherrie Worrell Deputy City Clerk Robert Clark Director of Community Services Niall Fritz Director of Development Services Jim Howell Director of Public Works Deborah Johnson Director of Redevelopment Services Mark Sanchez Director of Safety Services Linda Barnett Sheriffs Captain Javid Siminou City Engineer Patti Brindle City Planner Paolo Romero Management Assistant PLEDGE OF ALLEGIANCE Deputy Mayor Higginson led the Pledge of Allegiance. PRESENTATION Mayor Cafagna presented Certificates of Recognition to Tom Chase of Albertson's, John Paddock of Castle Garage Doors, Bryan Blank of Costco, Chris Conyers of Domino's Pizza, Tony Fratello of Fratello's Restaurant, Phil and Cleta Spear of the Hamburger Factory, Ryan Holmes of HnR Framing Systems, Michelle Sneed of Home Depot, Robert Savedra and Jarrod Ritchie of Jack in the Box, Kevin Carlin and Gary Smith of Jamba Juice, Chingxia Banks and Julie Aimalefoa of McDonald's (Poway Road), Tony and Gino Russo of O'Harley's Sports Bar and Grill, Alex Rodriguez and Vicki Pagano of the Olive Garden (Carmel Mountain), Bobby and Mickey O'Connor of Party Tyme, Gabe Murphy of Petco and Mark Wozmak of the Rotary Club of Poway, for offering their services and supplies to the Poway Community during the Cedar Fire Emergency. Those receiving certificates, but not present were Brigantine Restaurant, Dixieline Lumber, General Analytical Laboratories, Panda Express and Pizza Hut. 8036 Page 2 - CITY OF POWAY - February 10, 2004 Mark Wozmak of the Rotary Club provided a brief overview of the money raised by the Rotary Club and thanked the community, staff and the City for their hard work. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following people were present wishing to speak: Dee Fleischman, 14428 Midland Road, expressed her views on the trees being removed in Old Poway Park and requested an article be placed in the next poway Today newsletter regarding bicycle safety. Marge Knothe, 13724 Sagewood, expressed her views on the trees being removed in Old Poway Park. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Rexford, to approve the Consent Calendar as follows: 6. Ratification of Warrant Registers for the period January 12-16, 2004. (0475-20) 7. Approval of Minutes - City Council January 20, 2004 - Regular Meeting 9. Approval of City's Investment Report as of December 31, 2003. (0450-80) 10. Adoption of Resolution No. 04-004 - Recognizing Eagle Scout Brennan John Boyack. (0710-40) 11. Acceptance of the Pomerado Sidewalk Improvements Project #1285 from the Heffler Company, Inc. (0700-10) 13. Adoption of City Resolution No. 04-005 and Redevelopment Agency Resolution No. R-04-O1, Accepting and Approving Planning and Administrative Charges for Affordable Housing Program for Fiscal Year 2002-2003. (0260-10) 14. Grant of Easement for Private Road and Public Utility Purposes to the Owners, their Successors and/or Assigns of those Properties identified as APNs: 277- 140-15, 16, and 17, 278-321-07, 278-321-09, and 277-070-33. Adopted Resolution No. 04-007. (0780-40) 8037 Page 3 - CITY OF POWAY - February 10, 2004 15. Approval of Grant Application through the Federal Emergency Management Agency (FEMA) for Assistance to Fund the Upgrading of Self-Contained Breathing Apparatus. Includes request for appropriation of $191,600 from the General Fund of which $172,440 will be repaid by FEMA Grant and $19,160 funded from Safety Services Account 0501-6199. (0490-53) Motion carried unanimously. ITEM 1 (0740-20 #592) ORDINANCE NO. 592/SECOND READING SOLID WASTE, RECYCLABLES, YARD WASTE 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 Handing Services." This item was continued from October 28,2003, Item # 2 and on January 27,2004, Item #1. There was no one present to speak. Motion by Councilmember Rexford, seconded by Mayor Cafagna, to waive further reading (unanimous vote), close the public hearing and adopt Ordinance No. 592. Motion carried 5-0 on a roll call vote. ITEM 2 (0740-20 #596) ORDINANCE NO. 596/SECOND READING INCREASE COMPENSATION MAYOR AND COUNCIL Mayor Cafagna opened the public hearing and read the title of Ordinance No. 596, "An Ordinance of the City of Poway, California, Amending Title 2, Chapter 2.04 of the Poway Municipal Code by the Amendment of Section 2.04.020 to Increase the Compensation of the Members of the City Council and the Mayor." The first reading of this item was on January 27, 2004, Item #4. There was no one present to speak. Motion by Deputy Mayor Higginson, seconded by Council member Rexford, to waive further reading (unanimous vote), close the public hearing and adopt Ordinance No. 596. Motion carried 5-0 on a roll call vote. 8038 Page 4 - CITY OF POWAY - February 10, 2004 ITEM 3 (0210-30) CONDITIONAL USE PERMIT 03-13 12760 DANIELSON COURT, SUITE F APPLICANT: AVENT DESIGN Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to establish an indoor play and party center for children in a 6,973- square-foot tenant space within an existing industrial building located at 12760 Danielson Court, Suite F within the Napoli Business Park. APN: 317-223-19. The following person was present wishing to speak: Marty Imler, 12760 Danielson #F, spoke in support of the project. Motion by Councilmember Rexford, seconded by Councilmember Emery, to close the public hearing and adopt Planning Resolution No. P-04-11, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 03- 13 Assessor's Parcel Number 317-223-19." Motion carried unanimously. ITEM 4 (0210-70) VARIANCE 04-01 15370 GARDEN ROAD APPLICANTS: GARY AND PAT RANDHAHN Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to allow a 2,700-square-foot, single-story residence that is proposed to replace a home that was destroyed in the Cedar Fire. The Variance is to allow portions of the new house to encroach 3 feet into the required 10-foot side yard setback and 3 feet into the required 20-foot rear yard setback at 15370 Garden Road. APN: 323-452-23. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to close the public hearing and adopt Planning Resolution No. P-O4-12, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 04..()1 Assessor's Parcel Number 323-452-23." Motion carried unanimously. ITEM 5 (0220-60) INITIATION OF SPECIFIC PLAN AMENDMENT SPA 84-01MMM SOUTH POWAY SPECIFIC PLAN LAND USE DESIGNATION CHANGES APPLICANT: MCMILLIN COMMERCIAL 8039 Page 5 - CITY OF POWAY - February 10, 2004 Staff report by City Manager Bowersox. This is a request to amend the land use designation on an approximate 28.7-acre vacant parcel located on the south side of Scripps Poway Parkway, east of Stowe Drive. The request is to change the land use designation of the property from Light Industrial to Industrial Park to allow a broader degree of office type uses at the site. The City's Municipal Code requires that Specific Plan Amendments go before the City Council for initiation. There was no one present wishing to speak. Motion by Council member Emery, seconded by Deputy Mayor Higginson, to adopt Resolution No. 04-006, entitled, "A Resolution of the City Council, of the City of Poway, California Initiating Specific Plan Amendment SPA 84-01MMM to the South poway Specific Plan to Change the Land Use Designation on an Approximate 27.8- Acre Parcel Located on the South Side of Scripps Poway Parkway. East of Stowe Drive, from Light Industrial to Industrial Park APNs: 323-500-01 and 14." Motion carried unanimously. CITY MANAGER ITEMS 16. City Manager Bowersox provided a brief State Budget Update. (0150-50) MAYOR AND CITY COUNCIL -INITIATED ITEMS 22A. Mayor Cafagna did not provide a Regional Governance update. (0150-20) ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:18 p.m. upon motion by Councilmember Emery, seconded by Councilmember Rexford. Motion carried unanimously. .J},JJJ;e Q,l)()l{OQ Sherrie D. Worrell, Deputy City Clerk City of Poway 8040