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CC 2005 04-12 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING APRIL 12, 2005 The April 12, 2005, Regular Meeting of the City Council of the City of Poway, was called to order at 7:05 p.m. by Mayor Cafagna at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT Merrilee Boyack, Don Higginson, Betty Rexford, and Mickey Cafagna COUNCILMEMBERS ABSENT Bob Emery STAFF MEMBERS PRESENT James Bowersox Tamara Smith L. Diane Shea Robert Clark Warren Shafer James Howell Ingrid Alverde Mark Sanchez Charlie Campe Patti Brindle Javid Siminou Kristen Crane Paolo Romero FLAG SALUTE City Manager City Attorney City Clerk Director of Community Services Director of Administrative Services Director of Public Works Redevelopment Services Director of Safety Services Sheriff's Captain City Planner City Engineer Senior Management Analyst Management Assistant PRESENTATIONS Councilmember Higginson led the flag salute. Mayor Cafagna presented commemorative Cedar Fire Plaques to the following owners of burned homes: Tim and Ginny Seipel Raymond Sakow Jeff Figler Edward Gruner Stan Kaminski Vicki Myers Wayne Laliberte Dr. & Mrs. John Augustine Samuel Hallmark Larry Porter Missy Jackson Mr. Hilsabeck Paul Webber Jim Faaborg Jean Foster Pennie Zawacki 8353 Page 2 - CITY OF POWAY - April 12, 2005 Cedar Fire Plaque Recipients continued: Matt Plese Saskia Hansik Jessie Hover Sam Houston Mike Carpenter Ramona Wilson Travis Moreno Thomas Stobbs Tom & Gail Schmersal Eugene Clingman Harlan Lowe Charlotte Good Roger Randazzo Nina Hawkins Gary Randhahn Bryan Tidwell Darlene Rose Harman Joe Hylton Allan Kuebler George Conger Jim Miholich Daniel Griffin Andy Kean Arch Underwood Woody Norris Michael McNelley Jane Johnson James Tolley Jim Munk Ray Sims Daniel Oulela Rich & Therese Meredith Bob Richardson Reed & Rita Johnson Presentation by SANDAG (San Diego Association of Governments) Regarding Drug Use Trends Among Local Arrestees. Cynthia Burke, Director of Criminal Justice Research Division of SANDAG, gave the presentation. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedures for Public Oral Communications. The following people were present wishing to speak, Samanta Aceves, Jade Wise, and Samantha Stratton, of SPIN, Supportive Parents Information Network, 2717 University Avenue, San Diego, thanked the Mayor and City Council for the opportunity to hang their art project in City Hall. Dee Fleishman, 14428 Midland, Poway, commended the activities on Earth/Arbor Day. CONSENT CALENDAR Motion by Councilmember Boyack and seconded by Council member Rexford to approve the Consent Calendar Items 4 through 10. 4. Ratification of Warrant Reaister for the period March 14-18, 2005. (0475-20) 5. Approval of Minutes - City of Poway March 22, 2005 Regular Meeting 7. Approval of the Comprehensive Annual Financial Report - FY 2003-2004. (0410-10) 8354 Page 3 - CITY OF POWAY - April 12, 2005 8. Adoption of Resolution No, 05-022, entitled: "A Resolution of the City Council ofthe City of Poway, California, Approving a Three-Year Cooperation Agreement between the County of San Diego and the City of Poway for a Community Development Block Grant Proaram" for Fiscal Years 2006-07,2007-08 and 2008-09. (0700-10) 9. Approval of the City Council Goals and Obiectives Update to be included in the FY 2005-06/2006-07 Proposed Budget. (0100-10) 10. Adoption of Planning Resolution No. P-05-27, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Temporary Use Permit (TUP) 05-19 to Hold the Annual Poway SprinQ Fest Street Fair," Poway Chamber of Commerce, Applicant, on Sunday, April 24, 2005, from 10:00 a.m, to 4:00 p.m. (0210-60) Motion to approve the Consent Calendar carried 4-0, with Deputy Mayor Emery absent. PUBLIC HEARINGS ITEM 1 (0210-70) VARIANCE 05-06 MINOR DEVELOPMENT REVIEW APPLICATION 04-124 16175 MARTINCOIT ROAD, APN 275-201-09 CHRIS AND GAIL SULLIVAN, APPLICANT Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report. This is a request to approve a Variance and a Minor Development Review Application to allow a 2,168-square-foot single-story room addition at an existing 2,212- square-foot single-story, single-family residence within the Rural Residential C (RR-C) zone. The application involves a request to reduce the side yard setback of 20 feet to 2 feet from a private road easement to permit the addition to encroach into this setback. The applicant, Chris Sullivan, spoke in support of his project. Seeing no one else wishing to speak on this matter, Mayor Cafagna closed the public hearing. Motion by Council member Higginson, seconded by Council member Rexford, to close the public hearing and adopt Planning Resolution P-05-24 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Variance 05-06 and Minor Development Review Application 04-124, Assessor's Parcel Number 275-201-09." Motion passed 4-0 with Deputy Mayor Emery absent. 8355 Page 4 - CITY OF POW A Y - April 12, 2005 ITEM 2 (0210-70) VARIANCE 05-07 15411 BLUE CRYSTAL TRAILS APN: 321-270-21 ROBERT FAABORG, APPLICANT Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report. This is a request to approve a Variance to reduce the front yard setback of 40 feet to 15 feet from a private road easement to permit a proposed solar photovoltaic system to encroach into this setback. This system will be located within the Rural Residential A (RR- A) zone at 15411 Blue Crystal Trails. The existing single-family residence on the property is currently under construction and is a Cedar Fire rebuild. Seeing no one wishing to speak on this matter, the Mayor closed the public hearing. Motion by Councilmember Rexford, seconded by Councilmember Boyack, to close the public hearing and adopt Planning Resolution P-05-25 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Variance 05-07, Assessor's Parcel Number 321-270-21." Motion passed 4-0 with Deputy Mayor Emery absent. STAFF REPORTS ITEM 3 (0440-10) CERTIFICATES OF PARTICIPATION (COPs) 1995 AND 1996 City Manager Bowersox presented the staff report explaining that in order to take advantage of current favorable market conditions, this action recommends the issuance of a not-to-exceed $10,000,000 principal amount in Certificates of Participation (COPs), to refund the 1995 and 1996 COPs, which will result in a savings in actual debt service payments. No one requested to speak on the matter. Motion by Councilmember Rexford, seconded by Councilmember Boyack, to adopt Resolution No. 05-021 entitled, "A Resolution of the City Council of the City of Poway, California, Authorizing the Preparation, Sale and Delivery of Not to Exceed $10,000,000 Principal Amount of 2005 Refunding Certificates of Participation and Approving Certain Documents and Authorizing Certain Actions in Connection Therewith" and to adopt Resolution No. R-05-04 entitled, "A Resolution of the Poway Redevelopment Agency Authorizing the Preparation, Sale and Delivery of Not to Exceed $10,000,000 Principal Amount of 2005 Refunding Certificates of Participation and Approving Certain Documents and Authorizing Certain Actions in Connection Therewith." Motion passed 4-0 with Deputy Mayor Emery absent. 8356 Page 5- CITY OF POW A Y - April 12, 2005 ITEM 3.1 (0910-10) UNDERGROUND WAIVER (UW) 05-01 HIGHLANDS RANCH ROAD-LOT 17 APN 272-761-17 MEDI MOHAMMADI, APPLICANT City Manager Bowersox presented the staff report and Director of Development Services Fritz provided further explanation along with a PowerPoint presentation. The applicant is requesting that the City Council grant a waiver of the existing overhead utility lines and a utility pole on Lot 17, a vacant parcel within the Highlands Ranch Community. The 4,54- acre parcel has been approved for a single-family residence (MDRA 04-113) and is located on the north side of Highlands Ranch Road within the Rural Residential C (RR-C) zone. Nate Derby, 13426 Highlands Ranch Road, opposed the waiver because of the negative impact to his property. Bruce Tarzy, 15912 Ranch Hallow Road, Poway, and representing the Green Valley Civic Association, opposed the request and suggested the pole be moved out of sight. Motion by Council member Higginson, and seconded by Councilmember Boyack, to adopt Planning Resolution P-05-26, as amended, entitled "A Resolution ofthe City Council ofthe City of Poway, California Approving Underground Waiver 05-01, Assessor's Parcel Number 272-761-17." Motion passed 4-0 with Deputy Mayor Emery absent. CITY MANAGER 11. Mr. Bowersox announced the birth of Deputy Mayor Emery's grandson, Nyack, born on April ih weighing 8 pounds. Congratulations extended to Mr. Emery and family. CITY ATTORNEY ITEMS 12. City Attorney Smith requested Closed Session for the following: Closed Sessions: A. Conference with Legal Counsel - Existing Litigation Government Code 54956.9a Northpoint Development, Inc. v. City of Poway San Diego Superior Court Case No. GIC 829627 B. Conference with Legal Counsel - Anticipated Litigation Government Code Section 54956 MAYOR AND CITY COUNCIL-INITIATED ITEMS 13. Councilmember Boyack reported on activities with Sewer Metro Commission and membership on the Finance Committee and Community Relations Committee. 8357 Page 6- CITY OF POWAY - April 12, 2005 14. Councilmember Rexford reported on the League of CA Cities Housing and Economic Development Committee and spoke On housing issues in San Diego. 17 A. Mayor Cafagna requested and received concurrence to hold a Pre-Development Conference (PDC 05-01) at a City Council Workshop on Thursday, May 5,2005, for Slough Estates USA, Inc., to consider a proposed change in land use designation from Open Space 1 Dwelling Unit to Industrial Park on a portion of the site located at the southeast corner of Scripps Poway Parkway and Gateway Place, commonly known as the Lively property, APN: 323-091-06, (0200-30) CLOSED SESSION Mayor Cafagna called for a Closed Session at 8:45 p.m. as requested by the City Attorney. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 8:55 p.m. reporting that there was no reportable action from the Closed Session. He adjourned the meeting at 8:55 p.m. L. Diane hea, City Clerk City of Poway, California 8358