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CC 2004 12-14 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING DECEMBER 14, 2004 The December 14,2004, 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 City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT Jim Bowersox Penny Riley Tamara Smith Diane Shea Robert Clark Jim Howell Deborah Johnson Mark Sanchez Charlie Campe Warren Shafer Niall Fritz Patti Brindle Javid Siminou Kristen Crane Paolo Romero Tom Howard Dennis Quillen Leslie Hoffman Jonathan Smith City Manager Assistant City Manager City Attorney City Clerk Director of Community Services Director of Public Works Director of Redevelopment Services Director of Safety Services Sheriff's Captain Director of Administrative Services Director of Development Services City Planner City Engineer Senior Management Analyst Management Assistant Utilities Manager Assistant Director of Public Works Management Analyst Assistant Engineer I FLAG SALUTE Deputy Mayor Emery led the flag salute. OATH OF OFFICE City Manager Bowersox administered the Oath of Office to Diane Shea, City Clerk. PRESENTATION A. Mayor Cafagna presented Service Award to Mike Swanson, Fire Engineer (30 Years) and Tim Carle, Fire Captain (30 Years). B. Tom Howard, Utilities Manager, gave a presentation on the Fat, Oil, and Grease (FOG) Program. 8266 Page 2 - CITY OF POWAY - December 14, 2004 C. Mayor Cafagna presented a proclamation to Ray Gross, Executive Director of the Designated Drivers Association in recognition of "National Drunk & Drugged Driving Prevention Month. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedures for Public Oral Communications. Dee Fleischman, 14428 Midland Road, expressed her views on Aubrey Park. Connie Messina, 12643 Oak Knoll Road, expressed her views on affordable housing. CONSENT CALENDAR Motion by Deputy Mayor Emery, and seconded by Councilmember Rexford to approve the Consent Calendar as follows: 6. Ratification of Warrant Register for the periods of November 8-12, 2004. (0475-20) 7. Approval of Minutes - City Council November 30, 2004 Regular Meeting December 2, 2004 Canceled Adjourned Regular Meeting December 7,2004 Regular Meeting 9. Approval of City's Investment Report as of October 31,2004. 10. Rejection of an Application for Leave to Present a Late Claim from Carol Long and Rejection of Claims Against the City (2) - Kenneth Lee Roberts and Joseph Valentino. 11. Adoption of Local Appointment List. (0740-75) 12. Approval of Retainer Agreement with Phillips & Cohen to represent the City in State of California ex rei. Armenta. V. James Jones Company, et al. (0700-10) Motion carried 5-0. CONTINUED PUBLIC HEARING ITEM 1 (0210-80/#616) ORDINANCE NO. 616/SECOND READING ZONE CHANGE (ZC 04-02) APN 321-11002 AND AMENDMENT OF LAND USE ELEMENT OF THE GENERAL PLAN 8267 Page 3 - CITY OF POWAY - December 14, 2004 Mayor Cafagna opened the public hearing and read the title of Ordinance No. 616, entitled "An Ordinance of the City Council of the City of Poway, California, Changing the Zoning Classification of Certain Properties (ZC 04-02 APN: A Portion of 321-110-02." This item was continued from November 30, 2004 (Item #2). Mayor Cafagna said this hearing also includes adoption of Resolution No. 04-103, entitled "A Resolution of the City Council of the City of Poway, California, Amending the Land Use Element of the General Plan of the City of Poway General Plan (GPA 04-02." There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember Rexford to close the public hearing and adopt Ordinance No. 616 entitled "An Ordinance of the City of Poway, California, Changing the Zoning Classification of Certain Properties (ZC 04-02) APN: A Portion 321-110-02, and adopt Resolution No. 04-103 entitled "A Resolution of the City Council of the City of Poway, California Amending the Land Use Element of the General Plan of the City of Poway General Plan (GPA 04-02)." Motion carried 5-0. NEW PUBLIC HEARINGS ITEM 2 (0200-50) ENVIRONMENTAL ASSESSMENT TENTATIVE PARCEL MAP 04-02 VARIANCE 04-13 APPLICANTS: PAUL & BETTY REXFORD APN: 320-020-17 Councilmember Rexford disqualified herself from this item as she is the applicant. She stepped down from the dais and remained in the audience. Mayor Cafagna opened the public hearing and the staff report was presented by City Manager Bowersox. He explained the applicants propose to subdivide the 1.4-acre property into three residential lots. The existing single-family home will be contained within Parcel 2. A Variance approval is also requested because the subdivision will result in the existing residence observing an approximate 4.5 foot side yard setback from the proposed access driveway easement along the northerly property line, when a 10-foot side yard setback is required while remaining 20.5 feet from the side property line. No one spoke concerning this public hearing. Motion by Deputy Mayor Emery, seconded by Councilmember Boyack to close the public hearing and adopt Planning Resolution No. P-04-93 entitled "A Resolution of the City Council of the City of Poway, California, Approving a Mitigated Negative Declaration and Tentative Parcel Map TPM 04-02 and Variance 04-13 Assessor's Parcel Number 320-020- 17." Motion carried 4-0, with Councilmember Rexford disqualified. Councilmember Rexford returned to the dais. 8268 Page 4 - CITY OF POWAY - December 14, 2004 ITEM 3 (0210-30) CONDITIONAL USE PERMIT 04-16 DEVELOPMENT REVIEW 98-04R APPLlANT: NORM'S RV APN: 317-271-27 Mayor Cafagna opened the public hearing and City Manager Bowersox presented the staff report. This Conditional Use Permit (CUP) and revision to a previously approved Development Review (DR) is a request to allow the establishment of RV sales and rental business, and construction of a 2,168 square-foot, metal canopy structure, on a developed site located at 12145 Dearborn Place in the Light Industrial (LI) zone of the South Poway Specific Plan. The South Poway Specific Plan allows RV sales with a CUP in all zones. The CUP/DR can be supported since adequate parking exists on -site for the use and adequate screening of vehicles will be provided, and the project complies with all City development standards. No one asked to speak concerning this public hearing. Motion by Councilmember Higginson, seconded by Deputy Mayor Emery to close the public hearing and adopt Planning Resolution P-04-94 entitled "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 04-16 to Allow Establishment of a RV Business, and Approving Development Review 98-04R for a Canopy Structure Addition, at 12145 Dearborn Place, Assessor's Parcel Number317-271- 27. Motion carried 5-0. ITEM 4 (0210-30) CONDITIONAL USE PERMIT 04-11 MINOR DEVELOPMENT REVIEW APPLICATION 04-92 APPLICANTS: STEPHEN DAVIS/SAMMY YOUSIF APN: 323-060-02 Mayor Cafagna opened the public hearing and City Manager Bowersox presented the staff report. This is a request to allow the expansion of a legal nonconforming use. The liquor store was established prior to establishment of the current zoning ordinance that requires approval of a CUP for liquor stores in the CN zone. The applicant is proposing to add a 220-square-foot walk-in cooler to the rear of the building, and remodel the interior and exterior of the existing commercial building (Gordon's Liquor & Deli). The subject property is located in the Commercial Neighborhood zones at 14251 Garden Road. The proposal also includes the installation of a trash enclosure, parapets, landscaping, and awnings. No one spoke concerning this public hearing. Motion by Council member Higginson, seconded by Councilmember Rexford to close the public hearing and adopt Planning Resolution P-04-95 entitled "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 04-11 and Minor Development Review Application 04-92 Assessor's Parcel Number 323-060-02." Motion carried 5-0. 8269 Page 5 - CITY OF POWAY - December 14, 2004 STAFF REPORTS ITEM 5 (0630-07) AUTHORIZATION FOR POWAY VALLEY SENIOR CITIZEN'S CORP. (PVSCC) DRAW FUNDS FROM SENIOR CENTER ENDOWMENT FUND City Manager Bowersox reviewed the staff report. On June 22, 2004,the City Council directed staff to enter into a contract with a consultant to assess a proposal submitted by Sherrie Anne Goldby, Executive Director of the Poway Senior Center (PSC), for financial support of PSC operations. At that time, it was anticipated that the study would be presented to Council by December, which aligned with the five month access to the endowment principal. With the item now anticipated for a January 2005 City Council meeting, PSC will likely face a period of time that revenues will run short of expenses. By allowing PSC two additional monthly draws of no more than $15,000 each from the endowment fund principal while awaiting City Council's review of the consultant's study, the City ensures that PSC operations remain funded for the months of December and January No one spoke concerning this item. Motion by Council member Boyack, seconded by Councilmember Rexford to authorize the release of up to two additional withdrawals from the PVSCC endowment fund principal of up to $15,000 per month for the months of December and January; that each request be sent to the Director of Community Services accompanied by a complete accounting of revenues and expenditures; and that the Director of Community Services limit the authorized withdrawal to the current month's anticipated shortfall, or $15,000, whichever is less; and further, that staff bring back to the City Council in January 2005, the specific accounting of the funds and a work plan timetable. Motion carried 5-0. CITY MANAGER ITEMS 13. City Manager Bowersox said the audiovisual component of the new Council Chambers will be refined over the next few weeks and an orientation of the system will be provided to the Council in January. The podium will be relocated to different positions in the Chambers over the next few meetings to determine the location that is optimal for both operations and the ability of the audience to see. He went on to thank Interim City Clerk Jeanne Bunch, who is present, and commented on her extraordinary work for the City since mid-July. He welcomed incoming City Clerk Diane Shea. MAYOR AND CITY COUNCIL-INITIATED ITEMS 15. Councilmember Boyack said she took her family to the event at Old Poway Park and said Community Services outdid themselves. 8270 Page 6- CITY OF POWAY - December 14, 2004 16. Councilmember Rexford gave kudos to the Christmas in the Park event and to Community Services and Public Works. She thanked Interim City Clerk Jeanne Bunch for all of her work and said she was a great city clerk. She welcomed Diane Shea, City Clerk. She reported on a field trip she took with staff to the Detention Basin. She further commented on the Scripps Poway Parkway bikeway and turning lane. 17. Council member Higginson thanked Interim City Clerk Jeanne Bunch for her work and welcomed the new city clerk. 18. Deputy Mayor Emery thanked Community Development and Public Works staff for their work on the Christmas in the Park event. He thanked Jeanne Bunch for her work as Interim City Clerk and welcomed Diane Shea, City Clerk. He thanked Community Services for a presentation they gave recognizing him and some ofthe historical things he has brought up over the years. He announced the Candyland event this weekend. 19 Mayor Cafagna thanked Jeanne Bunch and welcomed Diane Shea. ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:10 p.m. ;{/~~ L. Diane Shea, CMC, City Clerk City of Poway, California 8271