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CC 2004 07-06 CITY OF POWAY - CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JULY 6, 2004 The July 6, 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, Don Higginson, Betty Rexford, Mickey Cafagna. STAFF MEMBERS PRESENT James Bowersox Penny Riley Laura Del Valle Niall Fritz Jeanne Bunch Warren Shafer James Howell Deborah Johnson Mark Sanchez Charlie Campe Patti Brindle Paolo Romero City Manager Assistance City Manager Deputy City Attorney Development Services Director Interim City Clerk Director of Administrative Services Director of Public Works Director of Redevelopment Services Director of Safety Services Sheriff's Captain City Planner Management Assistant FLAG SALUTE Deputy Mayor Higginson led the flag salute. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedures for Public Oral Communications. The following persons spoke. Kelly Hutchinson, 11225 Beeler Canyon Road, San Diego, spoke regarding the noise and increased truck traffic associated with Vulcan Materials. Dee Fleischman, 14438 Midland, expressed concern with the removal of pine trees within a condominium project on Carriage Road and Robison Blvd. Marge Knothe, 13724 Sagewood Drive, spoke regarding the hydrology study for Aubrey Park and asked what retention basins were. 8146 Page 2 - CITY OF POWAY - July 6,2004 Joe St. Lucas, 13033 Earlgate Court, expressed concern with amplified music, which is supposedly prohibited, coming from the Creekside amphitheater. CONSENT CALENDAR Mayor Cafagna asked that item 15.1 be pulled for presentation and separate action. Motion by Deputy Mayor Higginson, seconded by Councilmember Emery to approve the Consent Calendar as follows: 8. 9. 11. 12. 13. 14. 15. Ratification of Warrant Register for the period of June 7 - 11, 2004. (0475-20) Approval of Minutes - City Council June 8, 2004 - Regular Meeting June 15, 2004 - Regular Meeting Approval of City's Investment Report as of May 31,2004. (0450-80) Approval of a Consultant Agreement between the City of Poway, The Poway Redevelopment Agency, and Harris & Associates, Inc. for as-needed civil engineering and inspection services from July 6,2004 - July 6,2006. (0700-10) Acceptance of the Elevator Improvements for the City Office Building Phase 2/3 Project (#1539) from Thyssen Krupp Elevator. (0700-10) Approval of a Consultant Agreement between the City of Poway, Poway Redevelopment Agency, and Nolte Associates, Inc., for as-needed civil engineering and inspection services from July 6,2004 - July 6,2006. (0700-10) Adoption of Planning Resolution No. P-04-40, entitled - "A Resolution of the City Council of the City of Poway, California Approving Variance 04-05 Assessor's Parcel Number 321-031-30." (Previously heard on June 15,2004, Item #1.) (0210-70) 15.2 Approval of a Community Contribution to Community Assisting Recovery, Inc., in the amount of $500 to be presented July 20,2004. (0160-10) Motion carried unanimously. 15.1 Adoption of Resolution No. 04-057 - Commending Eagle Scout John W. Saxer, III. (0710-40) Mayor Cafagna read and presented a Certificate of Commendation to Eagle Scout Saxer. 8147 2 Page 3 - CITY OF POWAY - July 6,2004 Motion by Deputy Mayor Higginson, seconded by Councilmember Emery adopting Resolution No. 04-057 commending Eagle Scout John W. Saxer III. Motion carried unanimously. CONTINUED PUBLIC HEARINGS ITEM 1 (0740-20/#601) ORDINANCE NO. 601/SECOND READING AMENDS SECTION 13.03.010 SEWER RATES AND CHARGES Mayor Cafagna opened the public hearing and read the title of Ordinance No. 601, "An Ordinance of the City of Poway, California, Amending Section 13.03.010 of the Poway Municipal Code, Schedule of Sewer Services Charges and Establishing Sewer Rates." The Ordinance was introduced at the June 29, 2004 City Council meeting and continued to July 6, 2004. City Manager Bowersox recommended that Council take public input and continue second reading and adoption to July 20, 2004. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Rexford that Council continue the public hearing and adoption of Ordinance No. 601 to July 20, 2004. Motion carried unanimously. ITEM 2 (0740-20/#602) ORDINANCE NO. 602/SECOND READING AMENDS SECTION 13.11.010 WATER SERVICES CHARGES AND RATES Mayor Cafagna opened the public hearing and read the title of Ordinance No. 602, "An Ordinance of the City of Poway, California, Amending Section 13.11.010 of the Poway Municipal Code, Schedule of Water Services, and Establishing Water Rates." The Ordinance was introduced at the June 29, 2004 City Council meeting and continued to July 6, 2004. City Manager Bowersox recommended that Council take public input and continue second reading and adoption to July 20, 2004. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Rexford that Council continue the public hearing and adoption of Ordinance No. 602 to July 20, 2004. Motion carried unanimously. 8148 3 Page 4 - CITY OF POWAY - July 6,2004 NEW PUBLIC HEARINGS ITEM 3 VARIANCE 04-07 SIDE YARD SETBACK 13790 ROSTRATA LANE APN: 275-700-68 APPLICANT: MARC AND FELICIA GIPSMAN (0210-70) Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to allow a portion of a pool, for an existing single-family residence located at 13790 Rostrata Lane, to observe a 7 -foot side yard setback where a 20-foot setback is required. APN: 275-700-68 The following person was present wishing to speak. Gary Johnson, 16610 Sagewood Drive, expressed concern that pedestrian access utilizing the easement between Sagewood Lane and Rostrada Lane would be limited if the Variance was approved. Motion by Deputy Mayor Higginson, seconded by Council member Goldby, to close the public hearing and adopt Planning Resolution No. P-04-47, entitled: "A Resolution of the City Council of the City of Poway, California approving Variance 04-07 Assessor's Parcel Number 275-700-68." Motion carried unanimously. ITEM 4 (0490-76) FISCAL YEAR 2004-2005 WEED AND NUISANCE ABATEMENT CHARGES Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report. This is the annual Report of Weed and Nuisance Abatement Charges to be collected on the County Tax Assessor's Roll for Fiscal Year 2004-2005. (0490-76) No one asked to speak concerning this matter. Motion by Councilmember Goldby, seconded by Deputy Mayor Higginson to close the public hearing and adopt Resolution No. 04-058 entitled: "A Resolution of the City Council of the City of Poway, California, Approving the Report of Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's Roll for Fiscal Year 2004-2005." Motion carried unanimously. 8149 4 Page 5 - CITY OF POWAY - July 6,2004 STAFF REPORTS ITEM 5 (0220-60) SPECIFIC PLAN AMENDMENT 84-01QQQ CONDITIONALLY PERMIT HERITAGE PARKS City Manager Bowersox presented the staff report and recommendation of approval to initiate a Specific Plan Amendment 84-01QQQ to the South poway Specific Plan to conditionally permit Heritages Parks in the National Open Space zone. The following person spoke concerning this item. Dee Fleischman, 14428 Midland, suggested the Bowron House or another farmhouse be considered for a restaurant on Old Poway Road. Council discussion ensued concerning alternative sites for historic structures. Motion by Councilmember Goldby, seconded by Deputy Mayor Higginson, that Council adopt Resolution No. 04-059 entitled: "A Resolution of the City Council of the City of Poway, California, Initiating a Specific Plan Amendment (SPA 84-01QQQ) to the South Poway Specific Plan to Conditionally Permit Heritage Parks in the Natural Open Space Zone." Motion carried unanimously. ITEM 6 (0200-25) MINOR DEVELOPMENT REVIEW APPLICATION 04-41 17058 IRON MOUNTAIN DRIVE APN: 322-041-32 APPLICANT: BOB BAUER City Manager Bowersox presented the staff report to permit the addition of 1,065 square feet of living area and convert 477.5 square feet into a guesthouse area, at an existing 3,099-square-foot, 2-story, single-family residence located at 17058 Iron Mountain Drive. APN: 322-041-32. No one asked to speak concerning this item. Motion by Deputy Mayor Higginson, seconded by Council member Goldby that Council continue this item to July 20, 2004 to allow for re-noticing due to a change in the request. Motion carried unanimously. ITEM 7 (0350-60) STATUS REPORT ILLEGAL ENCAMPMENT ACTIVITIES 8150 5 Page 6 - CITY OF POWAY - July 6,2004 City Manager Bowersox presented a status report concerning illegal encampment activities for January through March 2004. Council concurred to receive and file the report. CITY MANAGER ITEMS 16. Concerning the State Budget, City Manager Bowersox said the State Legislature is still working towards approving the budget, including the Governor's package concerning local municipalities. (0150-50) MAYOR AND CITY COUNCIL-INITIATED ITEMS 18. Councilmember Emery commended staff on another successful July 4th celebration and activities for the 10th Anniversary of Old Poway Park. 20. Council member Goldby concurred with Councilmember Emery; commented on the successful cleanup of the old Tune-Up Master site in front of the Ramada Inn and suggested including the "posted speed limit" in the solar power speed announcements on Community Road. 22A. Regional Governance Update - Mayor Cafagna reported SANDAG has published their first educational brochure on the TransNet Tax Measure. (0150-20) 22B. Mayor Cafagna requested and received concurrence to hold on August 3rd or 5th, a pre-development conference (PDC 04-02) for the proposed installation of a new telecommunications facility at 12601 Cobblestone Creek Road: APN: 316-063-02 (0200-30) 22C. Mayor Cafagna requested and received concurrence to hold on August 3rd or 5th a pre-development conference (PDC 03-05) for the proposed installation of a new telecommunications facility at the Madera's Country Club, located at 17750 Old Coach Road. APN: 277-170-06. (0200-30) ADJOURNMENT There being no further business, Mayor Cafagna adjourned the meeting at 7:40 p.m. 8151 6