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CC 2004 10-19 MINUTES OF THE CITY COUNCIL REGULAR MEETING OCTOBER 19, 2004 The October 19, 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 Steve Eckis Jeanne Bunch Dennis Quillen Bob Krans Charlie Campe Niall Fritz Deborah Johnson Warren Shafer Kristen Crane City Manager Assistant City Manager Special Counsel Interim City Clerk Assistant Director of Public Works Fire Chief Sheriff's Captain Director of Development Services Director of Redevelopment Services Director of Administrative Services Senior Management Analyst FLAG SALUTE Deputy Mayor Higginson led the flag salute. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedures for Public Oral Communications. The following individuals spoke. Barbara Lerma, 12877 Carriage Road, and Tom Scott, 13038 Creek Park Drive, both congratulated the City Council on the new City Office Complex and Saturday's dedication ceremonies. PROCLAMATIONS Mayor Cafagna presented a proclamation to Linda Vanderveen, Poway Unified School District, declaring Character Counts! Week as October 17 - 23, 2004. Mayor Cafagna presented a proclamation to Andy Patapow, Poway Unified School District, declaring Red Ribbon Week as October 23 - 31, 2004. 8225 Page 2 - CITY OF POWAY - October 19, 2004 CONSENT CALENDAR Mayor Cafagna said a request has been received to pull Item #10 for discussion. Motion by Councilmember Goldby, seconded by Council member Rexford to approve the following items on the Consent Calendar: 5. Ratification of Warrant Register for the period of September 20-24, 2004. (0475-20) 6. Approval of Minutes - City Council September 28, 2004 Regular Meeting 8. Acceptance of Task 5 of the Demolition of Residential and other Miscellaneous Structures and Hazardous Materials Abatement As-Needed Services Project 5920A, on the Dunster property at 12430 Poway Road. Clauss Construction. (0700-10) 9. Approval of Temporary Water Connections for Blue Crystal Trails Properties to serve APN's 321-270-03, 321-270-21 and 321-270-60, subject to the conditions listed in the report. (0930-50) 11. Award of bid for the Fire Protection Upgrades - Orchard Bend Area Project (#1744). Continue to October 26,2004. (0700-10) 11.1 Approval of Appropriation in the Amount of $170,000 for Fire Station #3 Slope Reconstruction. (0480-10) Motion carried unanimously. NEW PUBLIC HEARINGS ITEM 1 (0350-801#613) ORDINANCE NO. 613/FIRST READING ADDING CHAPTER 8.11 ALCOHOLIC BEVERAGE WARNING SIGNS Mayor Cafagna opened the public hearing and read the title of Ordinance No. 613, "An Ordinance of the City of Poway, California, Requiring the Placement of Educational Posters Warning Against Drinking and Driving for all On-Sale Establishment." City Manager Bowersox presented the staff report. The following persons spoke concerning this hearing. Stephen Zolezzi, 2515 Camino del Rio South, 3220, San Diego 92108, representing the County Food & Beverage Association, said his organization is responsible for training alcohol beverage servers. He was opposed to the ordinance as he felt it would have a negative impact on some businesses. 8226 Page 3 - CITY OF POWAY - October 19, 2004 Marianne Nealan, 13391 Via Stephen, Poway, representing Patrick's Irish Pub, was supportive of the ordinance and getting assistance in driving inebriated patrons home. Ray Gross, P. O. Box 81362, San Diego, 92138-1362, representing Designated Drivers Association of San Diego, was supportive of the proposed ordinance. In response to Council, Mr. Gross said their organization is non-profit and holds the designation of a 501 (c) (3) corporation. Council discussed the relationship between the Designated Drivers Association and local businesses; whether or not posters were effective; the fact that some posters may be inappropriate for families with children; content and design; where they should be displayed; and the inclusion of a disclaimer on the posters. Steve Eckis, Special Counsel, suggested amending Section 8.11.050 so that compliance is within 60 days of the effective date of the ordinance instead of January 1, 2005, as indicated. In addition, that reference to smoking areas within the proposed ordinance be removed. Becky Warren, representing the California Restaurant Association, concurred with Special Counsel. Motion by Mayor Cafagna, seconded by Councilmember Emery, to waive further reading of Ordinance No. 613, as amended, to include Special Counsel's comments, and continue the hearing to November 9, 2004 for second reading and adoption. Motion carried 5-0. ITEM 2 (0850-25/#614 ORDINANCE NO. 614/FIRST READING ANGLE PARKING ON MIDLAND ROAD Mayor Cafagna opened the public hearing and read the title of Ordinance No. 614, "An Ordinance of the City of Poway, California, Establishing Angle Parking on Midland Road Between Twin Peaks Road and Orange Blossom Lane." There were no speakers concerning this hearing. Motion by Councilmember Rexford, seconded by Deputy Mayor Higginson to waive further reading of Ordinance No. 614 and continue the hearing to November 9,2004 for second reading and adoption. Motion carried 5-0. ITEM 3 (0250-15) FUNDING ALLOCATION FOR 2005-06 CDBG PROGRAM Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report and recommendation that Council allocate $227,318 in funding to the following projects: Homeshare & Community Connections Program, #5961 ($40,000); CDBG Residential Rehabilitation Program, #5971 ($87,318); ADA Public Facility Improvements ($100,000); and authorize the City Manager to execute contracts with the County of San Diego for management and implementation of the CDBG projects, subject to the City Attorney's approval as to form. 8227 Page 4 - CITY OF POWAY - October 19, 2004 Mr. Bowersox said it is also recommended that funding for these projects be loaned from the Redevelopment Agency's Unappropriated Fund balance to the CDBG Fund and repaid as reimbursements are received from the County. There were no speakers concerning this hearing. Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford to close the public hearing and approve the City Manager's recommendation. Motion carried: 5-0. STAFF REPORTS ITEM 4 (0200-25) MINOR DEVELOPMENT REVIEW (04-59) PARK CREEK HOMEOWNERS ASSOCIATION City Manager Bowersox presented the staff report and recommendation. This is a request to allow the installation of a vehicle and pedestrian access fence and gate across Creek Park Drive, at the intersection with the Bowron Road cul-de-sac, within the Residential Condominium zone (APN: 317-770-52) The following submitted speaker slips in support, but did not speak: Dave Bessie, 12959 Creek Park Drive, Poway Clark Moskop, 12903 Creek Park Drive, Poway Tom Scott, 13038 Creek Park Drive, Poway (applicant) Tim Revers, 13214 Creek Park Lane, Poway Dorothy Simon, 12943 Creek Park Drive, Poway Steve Hutchins, 9888 Settle Road, Santee (Park Creek Homeowners) Motion by Council member Emery, seconded by Councilmember Rexford to adopt Planning Resolution No. P-04-80, entitled: "A Resolution of the City Council of the City of Poway, California Approving Minor Development Review (MDRA) 04-59 - Assessor's Parcel Number 317-770-57." Motion carried 5-0. CONSENT CALENDAR (PULLED FOR SEPARATE ACTION) ITEM 10 (0860-10) TIME-LIMITED NO-PARKING ZONES STREET SWEEPING ON OAK KNOLL ROAD Mayor Cafagna said this item was pulled from the Consent Calendar at the request of Connie Messina. City Manager Bowersox said Council approval would create time-limited no-parking zones for the purposes of street sweeping on the north side of Oak Knoll Road between Pomerado Road and Carriage Road on Wednesdays between 10 a.m. and noon, and on the south side of Oak Knoll Road between Pomerado Road and Carriage Road on Tuesdays between 10 a.m. and noon. 8228 Page 5 - CITY OF POWAY - October 19, 2004 Connie Messina, 12643 Oak Knoll Road, Poway, spoke in support ofthe recommendation. Motion Council member Goldby, seconded by Council member Rexford to adopt Resolution No. 04-090, entitled: "A Resolution of the City Council of the City of Poway, California, creating time-limited No-Parking Zones During Street Sweeping Time on Oak Knoll Road between Pomerado Road and Carriage Road." Motion carried 5-0. CITY MANAGER ITEMS 12. City Manager Bowersox said as a result of the heavy rains, sand and bags are available for Poway residents on the east side of Midland Road (across from the Train Barn in Old Poway Park) and on the south side of Garden Road (across from Garden Road Park). He also indicated city crews were cleaning out the retention basins. MAYOR AND CITY COUNCIL-INITIATED ITEMS 14. Councilmember Emery expressed concern that motorcyclists were using the pedestrian and equestrian trails in the Business Park area. He suggested staff look into this matter. 15. Councilmember Rexford thanked the City Manager for arranging for sandbags and concurred with Councilmember Emery regarding motorcyclists in the Business Park. 16. Council member Goldby questioned recent legal advice concerning citations pertaining to the House Party Ordinance. Council concurred to schedule this matter on the October 26th agenda for discussion. 18. Mayor Cafagna did not provide a Regional Governance Update (0150-20) ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:20 p.m. upon motion by Deputy Mayor Higginson, seconded by Councilmember Rexford. Motion carried 5-0. / '~ eanne Bunch, Interim City Clerk City of Poway, California 8229