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CC 2004 03-30 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MARCH 30, 2004 The March 30, 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 Park Auditorium, 13094 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT Bob Emery, Jay Goldby, Don Higginson, Mickey Cafagna COUNCILMEMBERS ABSENT Betty Rexford STAFF MEMBERS PRESENT James Bowersox City Manager Penny Riley Assistant City Manager Tamara Smith City Attorney Sherrie Worrell Deputy City Clerk Warren Shafer Director Administrative Services Robert Clark Director of Community Services Niall Fritz Director of Development Services Dennis Quillen Assistant Director of Public Works Mark Sanchez Director of Safety Services Leonard Zuniga Sheriff's Lieutenant Javid Siminou City Engineer Patti Brindle City Planner Oda Audish Associate Planner Paolo Romero Management Assistant Scott Nespor Management Assistant PLEDGE OF ALLEGIANCE Deputy Mayor Higginson led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following people were present wishing to speak in opposition to the proposed softball fields: RW. "Nick" Stavros, 13639 Jackrabbit Road Marge Knothe, 13724 Sagewood Drive Ed Musgrove, 14358 York Avenue Anna Pinto, 14241 York Avenue 8069 Page 2 - CITY OF POWAY - March 30, 2004 Anne O'Rourke, 14349 York Avenue Lynnette Perkes, 15832 Lime Grove Road Barbara Brooks, 13728 Adrian Street Mark Cowie, 14313 Sycamore Avenue Joy Palfy, 14237 York Avenue Billie Macuse, 12745 Robison Blvd. #7, expressed her concerns with the condo conversion that is taking place at the Canyon View Apartments. PROCLAMATION Mayor Cafagna presented a proclamation to Robert Clark, Director of Community Services, proclaiming April as "Municipal Community Services Month" in the City of Poway. CONSENT CALENDAR Mayor Cafagna stated that a member of the public had requested Item 7 be pulled for discussion. Motion by Councilmember Goldby, seconded by Deputy Mayor Higginson to approve the remainder of the Consent Calendar as follows: 5. Ratification of Warrant Registers for the period of March 1-5, 2004. (0475-20) 6. Adoption of Planning Resolution No. P-04-23, entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 04-12 to Hold the Annual Poway Spring Fest Street Fair" along Midland Road, between Poway Road and Hilleary Place, on Sunday, April 25, 2004 from 10:00 a.m. to 4:00 p.m. (0210-60) 8. Report of Expenditures from March 16, 2004 to March 29, 2004, pertaining to the Cedar Fire, made under authority of Resolution No. 03-084, adopted on October 28, 2003. (0320-30) 8.1 Approval of a Community Contribution of $500 for the Poway High School Chapter of Students Against Violence Everywhere (SAVE). (0160-10) Motion carried 4-0 with Councilmember Rexford absent. ITEM 1 (0210-30) ENVIRONMENTAL ASSESSMENT CONDITIONAL USE PERMIT 86-04(M) DEVELOPMENT REVIEW 02-05 APPLICANT: TEMPLE ADAT SHALOM 8070 Page 3 - CITY OF POWAY - March 30, 2004 Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff report by Development Services Director Fritz. This is a request to approve a modification to a Conditional Use Permit and Development Review for the construction of an approximate 23,022-square-foot addition to the existing 17,557 -square-foot religious facility located at 15905 Pomerado Road. This item was continued from October 14, 2003, to allow the applicant to continue to meet with the adjacent residential neighborhood regarding their concerns. The concerns raised included the width of the landscape setback between the parking lot and the homes, the parking lot layout, mass of the proposed addition, parking lot lighting, perimeter fencing, trash enclosure location, visual impacts, and noise. APN: 275-810-17,18 and 19. The following people spoke in support of the project: Gail Littman, 17036 Carriage Hills Court Rabbi Deborah Prinz, 13043 Edina Way Bennett Lord, 11650 Iberia Place #210, San Diego Adrienne Behrens, 17735 Old Winery Court Diane Holst, 12646 Pedriza Drive Brenton Flatt, 12721 Pedriza Drive Miriam Todesco, 12610 Pedriza Drive Steve Hawxhurst, 15904 Country Squire Drive Stephen Wismar, 14601 Plumwood Street The following people spoke in opposition to the project: Frank Ledesmo, 12622 Pedriza Road Maria Vilar, 15922 Country Squire Drive Nancy Khew, 15918 Country Squire Drive David Herber, 12671 Footman Lane Earl Clampett, 12623 Pedriza Drive Mayor Cafagna called for a brief recess at 9:00 p.m. Council reconvened at 9:12 p.m. with all members present except Councilmember Rexford. General discussion ensued with Council in agreement that the applicant needs to work with staff on the details of the memorial walk in the 40-foot buffer zone. Motion by Deputy Mayor Higginson, seconded by Council member Goldby to close the public hearing, and adopt Planning Resolution No. P-04-24 , entitled, "A Resolution of the City Council of the City of Poway, California Approving Modification to Conditional Use Permit 86-04(M) and Development Review 02-05 for the Expansion to the Temple Adat Shalom Religious Facility APNs: 275-810-17, 18, and 19" with the amendment that the applicant work with staff on the exact details of the memorial walk in the buffer zone. Motion carried 4-0 with Council member Rexford absent. 8071 Page 4 - CITY OF POWAY - March 30, 2004 ITEM 2 (0210-30) CONDITIONAL USE PERMIT 03-03 DEVELOPMENT REVIEW 03-04 APPLICANT: LAND USE CONSULTANTS Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request for approval of a Conditional Use Permit and Development Review to construct a 3,OOO-square-foot sanctuary addition to an existing church building and remodel the existing 2,500-square-foot church building. The subject property is located at 13940 Pomerado Road. On August 20, 2002, the City Council approved Tentative Parcel Map 02-01 that approved a 2-lot split of 4.8 acres. Parcel 1 is developed with one single-family home, and Parcel 2 contains the Seventh Day Adventist Church. APN: 314-132-07. The following person was present wishing to speak: Doug Munson, P.O. Box 461952, Escondido, was available to answer questions of the Council. Motion by Councilmember Goldby, seconded by Councilmember Emery, to close the public hearing, and adopt Planning Resolution No. P-04-25, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 03- 03 and Development Review 03-04 Assessor's Parcel Number 314-132-07." Motion carried 4-0 with Councilmember Rexford absent. ITEM 3 (0210-30) RECREATIONAL TRAIL ALIGNMENT CONDITIONAL USE PERMIT 02-11 DEVELOPMENT REVIEW 02-16 APPLICANT: NER TAMID SYNAGOGUE Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. On October 29, 2002, the City Council approved the Conditional Use Permit and Development Review for the construction of a synagogue, pre-school and religious school on an 8-acre parcel located on the west side of Pomerado Road in the 15300 block. To address trail access concerns voiced by area horseback riders during the project public hearing, the City Council required a condition of approval for the project that the applicant dedicate a recreational trail easement through the subject property, and that the proposed trail alignment be reviewed by the City Council prior to approval and dedication. APN: 314-370-37. The following person was present wishing to speak: Mark Baker, 11513 Aliento Court, San Diego, was available to answer questions of the Council. 8072 Page 5 - CITY OF POWAY - March 30, 2004 Motion by Councilmember Goldby, seconded by Mayor Cafagna, to close the public hearing, approve the Recreational Trail Alignment and directed staff to accept the easement. Motion carried 4-0 with Council member Rexford absent. ITEM 4 (0210-70) VARIANCE 01-12R MINOR DEVELOPMENT REVIEW 01-70R APPLICANT: TOFIK MAMEDOV Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to re-approve a Variance and Minor Development Review application that were approved by the City Council on January 22, 2002. The Variance is for the reduction of portions of the front yard setback from 40 feet to 25 feet, as special circumstances exist on the property. The Minor Development Review application is for the construction of a 4,784-square-foot single-family residence and a 774-square- foot three-car garage. The site was recently sold and the new property owner was unable to obtain a grading or building permit prior to the expiration of the Minor Development Review and Variance. The approval expired on January 22, 2004, prior to the applicant obtaining a building permit. The property is located at 14673 Twin Peaks Road. APN: 321-250-08. The following people were present wishing to speak: David Alstrand, 14701 Twin Peaks Road, spoke in support of the project. Nancy Ujazdowski, 14540 Twin Peaks Road, spoke in opposition to the easement and the increase in traffic. Harry Bloom, 14621 Twin Peaks Road, expressed his concerns with the increase in traffic. Brenda Bloom, 14621 Twin Peaks Road, expressed her concerns with the size of the house compared to the lot size. Mrs. Bloom requested she be notified of any future developments in the Twin Peaks area. Brian Gaines, 15211 Hosta Street, spoke in support of the project. General discussed ensued with Council member Goldby and Deputy Mayor Higginson requesting a workshop be held regarding the purpose of a Variance and future development within this area. Motion by Deputy Mayor Higginson, seconded by Mayor Cafagna, to close the public hearing, and adopt Planning Resolution No. P-04-26, entitled, "A Resolution of the City Council of the City of Poway Approving Variance 01-12R/Minor Development Review 01-70R Assessor's Parcel Number 321-250-08." Motion carried 4-0 with Council member Rexford absent. 8073 Page 6 - CITY OF POWAY - March 30, 2004 ITEM 7 (0210-70) VARIANCE 00-05 DEVELOPMENT REVIEW 00-48 ACCEPTANCE OF IMPROVEMENTS APPLICANT: DAVID ALSTRAND Staff report by Development Services Director Fritz. This is a request to approve the improvements that have been made by Mr. Alstrand and the release of the remaining securities for the project. This item was brought before the Council on April 22, 2003 to discuss the development of two residential lots by Mr. Alstrand and the related agreement between the developer and the abutting residents to provide certain improvements to their respective properties during construction of Mr. Alstrand's project. One agreement with Harry and Brenda Bloom is to construct improvements consisting of a driveway, landscaping, gravel and mulch, fencing, and a keystone wall. While the driveway is complete other improvements are still outstanding. In order for Mr. Alstrand's project to be considered complete a settlement agreement between Mr. Alstrand and Mr. and Mrs. Bloom has been reached. The sum of $1,793.82 to cover the costs for the outstanding items will be paid to the Blooms with the remaining cash security released to David Alstrand. The property is located on the easterly portion of Twin Peaks Road. APNs: 321-250-09 and 10. The following people were present wishing to speak: David Alstrand, 14701 Twin Peaks Road, spoke in support of staff's recommendation. Harry Bloom, 14621 Twin Peaks Road, expressed his concern with the amount of the settlement as it is a different figure than previously discussed. Brenda Bloom, 14621 Twin Peaks Road, expressed her concern with the amount of the settlement, however, stated they would accept staff's recommendation. Motion by Councilmember Goldby, seconded by Mayor Cafagna accepting the improvements and approving the release of securities. Motion carried 4-0 with Council member Rexford absent. CITY MANAGER ITEMS 9. City Manager Bowersox did not provide Council with a State Budget Update. (0150-50) CITY ATTORNEY ITEMS City Attorney Smith requested bringing Item 10A - Closed Session onto the Agenda pertaining to the discussion of Labor Relations as the need to take action arose after the posting of the Agenda, per Government Code §54954.2 8074 Page 7 - CITY OF POWAY - March 30, 2004 Motion by Mayor Cafagna, seconded by Deputy Mayor 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 Rexford absent. General Council Smith requested a Closed Session on the following: Conference with labor negotiations Government Code §54957.6 Negotiator: James L. Bowersox on behalf of the City of Poway Employee organizations: Teamsters Local 911 Poway Firefighters Association Management, Supervisory and Confidential Unit MAYOR AND CITY COUNCIL.INITIATED ITEMS 15. Mayor Cafagna did not provide a Regional Governance update. (0150-20) CLOSED SESSION Mayor Cafagna called for Closed Session as requested by City Attorney Smith at 10:20 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 11 :04 p.m. with all members present except Councilmember Rexford and adjourned the meeting at 11 :05 p.m., in memory of long-time Poway resident Yolanda Gray. Motion by Deputy Mayor Higginson, seconded by Councilmember Emery. Motion carried 4-0 with Councilmember Rexford absent. ~ ~Q{) Sherrie D. Worrell, Deputy City Clerk City of Poway 8075