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CC 2004 10-05 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING OCTOBER 5, 2004 The October 5,2004, 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, Mickey Cafagna COUNCILMEMBERS ABSENT Betty Rexford STAFF MEMBERS PRESENT Jim Bowersox Penny Riley Tamara Smith Jeanne Bunch Jim Howell Mark Sanchez Charlie Campe Niall Fritz Deborah Johnson Warren Shafer Robert Clark Paolo Romero FLAG SALUTE City Manager Assistant City Manager City Attorney Interim City Clerk Director of Public Works Director of Safety Services Sheriff's Captain Director of Development Services Director of Redevelopment Services Director of Administrative Services Director of Community Services Management Assistant Deputy Mayor Higginson led the flag salute. PRESENTATIONS Mayor Cafagna presented a 15-Year Service Award to Karen Foster, Human Resources Technician. Mayor Cafagna read and presented a proclamation to Tina White for "Customer Service Week," October 4-8, 2004. (0710-40) Brian Dubow, representing KID "U", A Center for Science Discovery, presented a 10- minute overview of the program, which targets K-5 students. 8211 Page 2 - CITY OF POWAY- October 5,2004 Mayor Cafagna removed Item 14.2 from the Consent Calendarfor consideration and action at this time. 14.2 Approval of a Community Contribution in the amount of $1,500 to KID "U", A Center for Science Discovery. (0160-10) Moved by Councilmember Goldby, seconded by Deputy Mayor Higginson that a Community Contribution in the amount of $1,500 to KID "U," a Center for Science Discovery, be approved. Motion carried 4-0 (Absent: Council member Rexford). PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedures for Public Oral Communications. There was no one present wishing to speak. CONSENT CALENDAR Mayor Cafagna announced that Items 14 and 14.3 would be removed for separate action. Motion by Deputy Mayor Higginson, seconded by Councilmember Goldby to approve the Consent Calendar as follows: 3. Ratification of Warrant Register for the period of September 6-1 0,2004. (0475-20) 4. Approval of Minutes - City Council September 7,2004 Regular Meeting September 14, 2004 Regular Meeting 6. Adoption of Resolution No. 04-083, entitled: "A Resolution of the City Council of the City of Poway, California, Commending Eagle Scout Kyle Heins." (0710-40) 7. Adoption of Resolution No. 04-084, entitled: "A Resolution of the City Council ofthe City of Poway, California, Declaring the Intention to Vacate Portions of Country Road RS 722, Within Parcel 3 of Parcel Map No. 17989." Vacation 04-01. (0780-60) 8. Commemorate Portions of the US 395 corridor in Poway by approving the installation of commemorative "Historic Route" signs along Pomerado Road. (0850-60) 9. Approval of a $500 Community Contribution to the Poway High School Camp Human-Kind. (0160-10) 8212 Page 3 - CITY OF POWAY- October 5,2004 10. Adoption of Resolution No. P-04-70, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Comprehensive Sign Program 03-02 and Rescinding Resolution No. P-02-25 - Assessor's Parcel Number 317-130-47" for the Poway City Centre located at 13630-13644 Poway Road. (0280-20) 11. Adoption of Resolution No. P-04-72, entitled: "A Resolution of the City Council of the City of Poway, California, Denying Without Prejudice Minor Conditional Use Permit 04-04, a Request to Install Tennis Court Lights on Lot 12, a Residential Lot Located on Old Coach Drive in the Heritage II Development in the Rural Residential A Zone - Assessor's Parcel Number 277-220-12." (0210-50) 12. Adoption of Resolution No. P-04-73, entitled: "A Resolution of the City Council of the City of Poway, California, Denying Without Prejudice Minor Conditional Use Permit 04-06, a Request to Install Tennis Court Lights on Lot 8, a Residential Lot Located on Old Coach Way in the Heritage II Development in the Rural Residential A Zone - Assessor's Parcel Number 277-220-08." (0210-50) 13. Adoption of the following resolutions designating the Director of Public Works as Agent to submit all documents necessary for the completion of certain grant projects administered by the California Department of Parks & Recreation, and Rescinding Resolution Nos. 02-023, 02-024, 04-020 and 04-021. (0490-53) a. Resolution No. 04-085, entitled: "A Resolution of the City Council of the City of Poway, California, Approving an Application for Grant Funds for the Per Capita Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000; and Rescinding Resolution No. 02- 023." b. Resolution No. 04-086, entitled: "A Resolution of the City Council of the City of Poway, California, Approving an Application for Grant Funds for the Roberti- Z'Berg-Harris Block Grant Urban Open Space and Recreation Program Per Capita Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000; and Rescinding Resolution No. 02-024." c. Resolution No. 04-087, "A Resolution of the City Council of the City of Poway, California, Approving an Application for Grant Funds for the Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act of 2002; and Rescinding Resolution No. 04- 020." d. Resolution No. 04-088, "A Resolution of the City Council of the City of Poway, California, Approving an Application for Grant Funds for the Roberti-Z'Berg- Harris Block Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act of 2002; and Rescinding Resolution No. 04-021." 8213 Page 4 - CITY OF POWAY - October 5, 2004 14.1 Approval of Additional Appropriation for the Neighborhood Loan Program for Sewer Improvements on Avenida Florencia. (0490-85) Motion carried 4-0 (Absent: Council member Rexford). CONTINUED PUBLIC HEARING ITEM 1 (0910-201#610) ORDINANCE NO. 610/SECOND READING ESTABLISH UNDERGROUND UTILITY DISTRICT NO. 65 & AMEND SECTION 12.48.160 POWAY MUNICIPAL CODE AMENDMENT Mayor Cafagna opened the public hearing and read the title of Ordinance No. 610, "An Ordinance of the City of Poway, California, Adding Section 12.48.240 to the Poway Municipal Code to Establish Underground Utility District No. 65 and Amending Section 12.48.160." (Continued from September 21,2004, Item #3). There was no one present wishing to speak. Motion by Deputy Mayor Higginson, seconded by Councilmember Emery to close the public hearing and adopt Ordinance No. 610. Motion carried 4-0 on a roll call vote (Absent: Council member Rexford). NEW PUBLIC HEARINGS ITEM 2 (0780-08) ENVIRONMENTAL ASSESSMENT (EA) 04-07 SOUTH SIDE OF TWIN PEAKS ROAD AT ESPOLA ROAD ASSESSOR PARCEL NO. 321-190-28 Mayor Cafagna opened the public hearing and the staff report was presented by City Manager Bowersox recommending that the City Council approve the Negative Declaration, adopt Planning Resolution approving Environmental Assessment 04-07; authorize the expenditure of $920,000 from the appropriated Capital Improvement Program; approve the purchase; and, authorize the City ManagerlExecutive Director to execute the necessary documents. The following individuals requested to speak. Bill Barnick, 14645 Sunrise Canyon Road, Poway, spoke in opposition to anything other than single-family homes on the property and expressed frustration with the city's watering within the Landscape Maintenance District for his neighborhood. 8214 Page 5 - CITY OF POWAY - October 5,2004 Janice P. Jensen, 14154 Rio Court, Poway, urged Council to retain the single-family residential zoning. Motion by Councilmember Goldby, seconded by Councilmember Emery to take public input, close the public hearing and approve the City Manager's recommendation and adopt Planning Resolution No. P-04-74. Motion carried 4-0 (Absent: Councilmember Rexford). STAFF REPORT ITEM 2.1 (0200-60) ACCESSORY BUILDING PAD, LOT 3 TENTATIVE MAP (TTM) 01-03 APPLICANT: ELWOOD NORRIS City Manager Bowersox presented the staff report. Staff recommends that Council determine that the proposed grading construction change is in substantial conformance with the approved conceptual grading design for Tentative Tract Map 01-03 located at the southerly terminus of Murel Trails and Blue Crystal Trails. Elwood Norris, Applicant. APN: 321-270-54,58,59 and 63. The proposed change is to add an accessory building pad on Lot 3. Mayor Cafagna said John Fitch, representing the applicant, was available to answer any questions. Motion by Deputy Mayor Higginson, seconded by Councilmember Goldby to approve the City Manager's recommendation to add an accessory building pad on Lot 3 of Tentative Tract Map 01-03. Motion carried 4-0 (Absent: Councilmember Rexford). CONSENT CALENDAR Mayor Cafagna said the following Consent Calendar items were pulled for separate action. 14. Approval of Compensation Increases for the City Attorney, Special Counsell Redevelopment Agency General Counsel, City Clerk, and City Manager, for Fiscal Year 2004-2005. (0700-10) Moved by Mayor Cafagna, seconded by Council member Emery approving compensation increases for the City Attorney, Special CounsellRedevelopment Agency General Counsel, City Clerk and City Manager, for Fiscal Year 2004-2005. Motion carried 4-0 (Councilmember Rexford absent). 14.3 Adoption of Resolution, entitled: "A Resolution of the City Council of the City of Poway, California, Supporting Proposition B - the Repeal of the North County Recycled Solid Waste Disposal Initiative (Proposition C) Adopted in 1994." (Continued from September 28,2004, Item #12.2) (0725-05) 8215 Page 6 - CITY OF POWAY - October 5, 2004 Moved by Mayor Cafagna, seconded by Council member Goldby that this item be removed from the agenda. Motion carried 4-0 (Councilmember Rexford absent). CITY MANAGER ITEMS 15. City Manager Bowersox recognized Jim Benson, founder and chief executive of SpaceDev of Poway, the company that built the hybrid rocket propulsion system for the SpaceShipOne program. MAYOR AND CITY COUNCIL.INITIATED ITEMS 17. Councilmember Emery asked staff to check into improving the fencing for the pumpkin patch across from Taco Bell. 21 a. Mayor Cafagna did not provide a Regional Governance update. (0150-20) 21 b. By consensus Council ratified Mayor Cafagna's appointment of Amy Narevsky to the Teen Issues Committee (0120-80) 21 c. Mayor Cafagna asked staff to review the ordinance allowing tent sales beyond five days within a 60-day period to see if a longer period oftime could be allowed. Since this is a time sensitive issue, he asked that this item be placed on next week's agenda. ADJOURNMENT Mayor Cafagna adjourned the meeting at 7:40 p.m. Motion by Mayor Cafagna, seconded by Deputy Mayor Higginson. Motion carried 4-0 (Absent: Councilmember Rexford) e Bunch, Interim City Clerk City of Poway, California 8216