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CC 2004 09-21 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEMBER 21, 2004 The September 21,2004, 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 Jim Bowersox Penny Riley Tamara Smith Jeanne Bunch Jim Howell Mark Sanchez Charlie Campe Warren Shafer Niall Fritz Deborah Johnson Paolo Romero Patti Brindle City Manager Assistant City Manager City Attorney Interim City Clerk Director of Public Works Director of Safety Services Sheriff's Captain Director of Administrative Services Director of Development Services Director of Redevelopment Services Management Assistant City Planner FLAG SALUTE Deputy Mayor Higginson led the flag salute. PRESENTATION Bob Hemker, Chief Financial Officer for Palomar Pomerado Health, spoke in support of Proposition BB, which will be on the November 2, 2004 ballot. If approved, the ballot proposition would raise $496 million to help pay for a $753 million expansion and improvements to the hospital district's facilities. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following individual was present wishing to speak. Nick Stavros, 13639 Jackrabbit Road, Poway, questioned the status of upgrading his area with water lines and fire hydrants. 8200 Page 2 - CITY OF POWAY - September 21,2004 CONSENT CALENDAR Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford to approve the Consent Calendar as follows: 9. Ratification of Warrant Register for the period of August 23-27,2004. (0475-20) 10. Approval of Minutes - City Council August 31,2004 Regular Meeting September 2, 2004 Canceled Adjourned Regular Meeting 13. Rejection of Bids for the 04-05 Citywide Striping I mprovements Project (Bid No. 05- 004) and authorize staff to re-advertise the project for competitive bids. (0480-07) 14. Rejection of four (4) claims against the City - Ronald G. Plumb, Marge Knothe, Martyn Whittaker and Peggy Troop. (0190-10) Motion carried unanimously. CONTINUED PUBLIC HEARINGS ITEM 1 (0850-65/#608) ORDINANCE NO. 608/SECOND READING SETTING SPEED LIMITS POWAY MUNICIPAL CODE AMENDMENT Mayor Cafagna opened the public hearing and read the title of Ordinance No. 608 entitled, "An Ordinance ofthe City of Poway, California, Amending Section 10.32.010 ofthe Poway Municipal Code to Set Speed Limits in the City of Poway." This item was continued from September 7,2004. (0850-65/#608) There was no one present wishing to speak. Motion by Councilmember Rexford, seconded by Council member Emery to close the public hearing, waive further reading and adopt Ordinance No. 608. Motion carried 5-0 on a roll call vote. ITEM 2 (0210-801#609) ORDINANCE NO. 609/SECOND READING SURFACE MINING & RECLAMATION POWAY MUNICIPAL CODE AMENDMENT Mayor Cafagna opened the public hearing and read the title of Ordinance No. 609, entitled, "An Ordinance of the City of Poway, California, Amending Chapter 16.54 of the Poway Municipal Code Pertaining to Surface Mining and Reclamation (ZOA 84-03)." This item was continued from September 7,2004. (0210-801#609) 8201 Page 3 - CITY OF POWAY - September 21,2004 There was no one present wishing to speak. In response to Council, City Manager Bowersox said this regulation would only affect those who choose to do business in conjunction with this act, such as Vulcan Materials. Motion by Councilmember Goldby, seconded by Councilmember Emery to close the public hearing, waive further reading and adopt Ordinance No. 609. Motion carried 5-0 on a roll call vote. NEW PUBLIC HEARINGS ITEM 3 (0910-201#610 ORDINANCE NO. 61 OIFIRST 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 titled of Ordinance No. 610, entitled, "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." (0910-201#610) No one requested to speak concerning this item. Motion by Council member Goldby, seconded by Council member Emery to waive further reading and continue the hearing to October 5, 2004 for second reading and adoption. Motion carried unanimously. ITEM 4 (0780-08) ENVIRONMENTAL ASSESSMENT (EA) 04-04 14146 SYCAMORE AVENUE MayorlChairman Cafagna opened the public hearing and the staff report was presented by City ManagerlExecutive Bowersox recommending that the City CouncillRedevelopment Agency approve the Negative Declaration, adopt Planning Resolution approving Environmental Assessment and authorize the expenditure of $520,000 from appropriated 2001 TABs Fund, approve the purchase of 14146 Sycamore Avenue (APN 314-201-19) and authorize the City ManagerlExecutive Director to execute all necessary documents. No one requested to speak concerning this item. Motion by Councilmember Goldby, seconded by Councilmember Rexford to close the public hearing, approve the City Manager's recommendation and adopt Planning Resolution No. P-04-65. Motion carried unanimously. 8202 Page 4- CITY OF POWAY - September 21,2004 ITEM 5 CONDITIONAL USE PERMIT 04-04 12318 9TH STREET APPLICANT: VERIZON WIRELESS (0210-30) Mayor Cafagna opened the public hearing and City Manager Bowersox presented the staff report. This is a request to allow for the installation of a telecommunications facility on an existing mini-storage building located at 12318 9th Street (Security Public Storage), west of Pomerado Road, in the General Commercial (GC) zone. APN 317-021-24 & 29. Michael Collier, 5 Park Plaza, #1400, Irvine, CA, representing the applicant, was available for questions. Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford to close the public hearing, approve the City Manager's recommendation and adopt Planning Resolution No. P-04-66. Motion carried unanimously. ITEM 6 (0210-30) CONDITIONAL USE PERMIT 04-12 14057 STOWE DRIVE APPLICANT: STOWE PROPERTIES, LLC Mayor Cafagna opened the public hearing and City Manager Bowersox presented the staff report. This is a request to allow the establishment of a dental office within a multi-tenant commercial center, located at 14057 Stowe Drive, in the South Poway Commercial (SPC) zone. APN 323-092-91. No one asked to speak concerning this hearing. Motion by Councilmember Goldby, seconded by Councilmember Rexford to close the public hearing, approve the City Manager's recommendation and adopt Planning Resolution No. P-04-67. Motion carried unanimously. ITEM 7 (0210-70) MINOR CONDITIONAL USE PERMIT (MCUP) 02-03/MDRA 04-102 VARIANCE 04-09 14277 GARDEN ROAD APPLICANT: ANTHONY NAVARRO Mayor Cafagna opened the public hearing and City Manager Bowersox presented the staff report. This is a request for a MCUP approval to allow permanent outdoor display in the front of Elston's Hay and Grain store and seatainer storage in the rear located at 14277 Garden Road, within the Commercial Neighborhood zone. The applicant also requests a Variance approval to allow a proposed 396-square-foot hay storage addition to encroach 5- feet into the required 25-foot side yard setback and proposed security fencing in the storefront display area to be 6-feet, when the maximum height permitted within the street side yard setback is 4-feet. APN 323-060-52. 8203 Page 5- CITY OF POWAY - September 21,2004 Jack Carter, architect, 9748 Los Coches Road, #3, Lakeside, Ca., was available for questions. No one else requested to speak. Motion by Councilmember Goldby, seconded by Deputy Mayor Higginson to close the public hearing, approve the City Manager's recommendation and adopt Planning Resolution No. P-04-68, approving with conditions. Motion carried unanimously. ITEM 8 (0210-50) MINOR CONDITIONAL USE PERMIT (MCUP) 03-11 13738 SOMERSET ROAD APPLICANT: BASEEM SYED Mayor Cafagna opened the public hearing and City Manager Bowersox presented the staff report. This is request to allow the use of a 160-square-foot, pre-fabricated, metal storage structure on residential property located at 13738 Somerset Road in the RS-7 zone. APN 314-241-04. The following persons spoke in opposition to the request: Mrs. James Merritt, 13603 Somerset Road, Poway Lawrence Drummond, 13708 Somerset Road, Poway Richard Bolander, 23702 Somerset Road, Poway Larry Roberts, 13711 Somerset Road, Poway Beth Leipold, 13732 Somerset Road, Poway David Crook, 13674 Somerset Road, Poway William Sheldon (did not submit a speaker's slip and did not provide an address) The following person spoke in support of the request: Pervez Mobin, 13738 Somerset Road, Poway The following individuals submitted speaker slips in opposition but did not wish to speak: Nancie Valkema, 13732 Somerset Road, Poway Donald Valkema, 13732 Somerset Road, Poway James Reams, a resident of Somerset Road, Poway Sandra Sheldon, 13917 Easton Street, Poway William Hanzlik, 13736 Somerset Road, Poway Matt Leipold, 13732 Somerset Road, Poway Shelby Thorp, 13669 Somerset Road, Poway J. Thorp, 13669 Somerset Road, Poway Linda Drummond, 13708 Somerset Road, Poway Elizabeth Drummond, 13709 Somerset Road, Poway Council discussed the concerns expressed and outlined several findings to support denial of the request. 8204 Page 6- CITY OF POW A Y - September 21 , 2004 Motion by Councilmember Emery, seconded by Council member Rexford to close the public hearing and adopt Planning Resolution No. P-04-69 denying the request; and, that the applicant is required to remove the container from the property immediately. Motion carried unanimously. CITY MANAGER ITEMS 15. City Manager Bowersox announced that Warren Shafer, Director of Administrative Services, was selected to participate in the Las Vegas Senior Golf Tournament in October. MAYOR AND CITY COUNCIL-INITIATED ITEMS 19. Councilmember Goldby requested Council discussion concerning the location of a BMX track in the City. The following persons requested to speak concerning this item: Marge Knothe, 13724 Sagewood Drive, Poway, suggested a needs assessment. Nick Stavros, 13639 Jackrabbit Road, Poway, suggested a site survey. Dee Fleischman, 14428 Midland Road, Poway, favored such a facility being implemented by a private developer, expressed concerns with safety, lighting, fencing, security, and use of tax dollars. Mike Fry, 12819 Selma Ct., Poway, expressed opposition. Pat Bresee, 13120 Pomerado Road, #118, Poway. Motion by Councilmember Goldby, seconded by Deputy Mayor Higginson to direct staff to review opportunities for a BMX track with the Parks & Recreation Committee. Motion carried: 4-1, Council member Rexford voting "No." 21. Mayor Cafagna did not provide a Regional Governance update. (0150-50) By consensus Council ratified Mayor Cafagna's appointment of Omar Issa to the Teen Issues Committee (0120-80) ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:20 p.m. upon motion by Deputy Mayor Higginson, seconded by Councilmember Goldby. Motion carried unanimously. 8205