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CC 2004 04-06 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING APRIL 6, 2004 The April 6, 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, Betty Rexford, Mickey Cafagna COUNCILMEMBERS ABSENT Don Higginson STAFF MEMBERS PRESENT James Bowersox Tamara Smith Sherrie Worrell Warren Shafer Robert Clark Niall Fritz Jim Howell Mark Sanchez Charlie Campe Patti Brindle David Narevsky Paolo Romero Scott Nespor City Manager City Attorney Deputy City Clerk Director Administrative Services Director of Community Services Director of Development Services Director of Public Works Director of Safety Services Sheriff's Captain City Planner Redevelopment Agency Manager Management Assistant Management Assistant PLEDGE OF ALLEGIANCE Councilmember Goldby led the Pledge of Allegiance. PRESENTATIONS Mayor Cafagna presented a Certificate of Recognition in honor of the Poway Senior Volunteer's 10th Anniversary to Don Stonecipher, Poway Administrator and the seven founding members: Gale Acker, Ernie Hernandez, Peggy Lester, Paul Markowitz, Muriel Rinehart, Morris Rinehart and Walter Schutz. City Manager Bowersox introduced Sheriff's Captain, Charlie Campe. PROCLAMATION Mayor Cafagna presented a proclamation declaring April 2004 as "Emergency Preparedness Month" to Safety Services Director Sanchez. 8077 Page 2 - CITY OF POW A Y - April 6, 2004 STATE OF THE CITY ADDRESS Mayor Cafagna presented the "Annual State of the City Address." (0710-05) PUBLIC ORAL COMMUNICATIONS City Manager Bowersox announced that a neighborhood workshop regarding Aubrey Park would be held on April 19, 2004 at 7:30 p.m., in the Poway Community Park Auditorium. This meeting will be followed by a City Council meeting on May 11, 2004 at 7:00 p.m., which will also be held in the auditorium at Poway Community Park. Mayor Cafagna explained the procedure for Public Oral Communications. The following people were present wishing to speak: Louis Tooch, 14105 Powers Road, expressed his views regarding the softball fields. Cecelia Danner, 14310 York Avenue, inquired as to the location Mayor Cafagna was referring to in his letter dated May 2, 2000 addressed to Roger Moyers. Marge Knothe, 13724 Sagewood, expressed her views regarding the softball fields. Patricio Diaz, 13642 Starridge Street, submitted a petition signed by neighbors expressing their concerns over the remodel of Starridge Park. Dee Fleischman, 14428 Midland Road, expressed concerns about the intense uses of the various parks; and inquired as to whether the trail alignment for Ner Tamid Synagogue complies with the City's guidelines. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the Consent Calendar as follows: 5. Approval of City's Investment Report as of February 29, 2004. (0450-80) 6. Approval of Minutes - City Council March 16, 2004 - Regular Meeting 8. Approval of a Community Contribution of $1,500 for the Poway High School Choral Program. (0160-10) 9. Appropriation of $20,900 in Funding from the California Law Enforcement Equipment Program (CLEEP) Grant Fund for a Radar Trailer. (0490-86) 10. Adoption of Resolution No. 04-020 - 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 Act of 2002. (0490-53) 8078 Page 3 - CITY OF POWAY - April 6, 2004 11. Adoption of Resolution No. 04-021 - 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 Act of 2002. (0490-53) 11.2 Approval of Position on Pending Legislation: Support SB 1369 Fire Protection: High Fire Hazard Zones; SB 1346 Natural Resources: Fire Prevention and Suppression; AB 2243 San Diego County Water Authority; and support the Gaming Revenue Act of 2004. Oppose AB 2702 Second Units/Housing on School Sites; AB 3007 Ralph M. Brown Act. (0740-55) Motion carried 4-0 with Deputy Mayor Higginson absent. ITEM 1 (0740-20) ORDINANCE NO. 598/SECOND READING SPECIFIC PLAN AMENDMENT (SPA) 84-01 MMM APPLICANT: MCMILLIN COMMERCIAL Mayor Cafagna opened the public hearing and read the title of Ordinance No. 598, "An Ordinance of the City of Poway California, Approving Specific Plan Amendment (SPA 84-01 MMM) to the South Poway Specific Plan to Change the Land Use Designation of a 27.8-acre Property Located on the South Side of Scripps Poway Parkway East of Stowe Drive from Light Industrial to Industrial Park APN: 323-500-01 and 14." This item was continued from March 23, 2004, Item # 1. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford, to waive further reading (unanimous vote), close the public hearing and adopt Ordinance No. 598. Motion carried 4-0 on a roll call vote with Deputy Mayor Higginson absent. ITEM 2 (0210-70) VARIANCE 04-03CF APPLICANTS: TERRY AND JEAN FOSTER Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to permit the construction of 2,100-square-foot, single-family residence to replace a 1,391-square-foot, single-story residence that was destroyed during the Cedar Fire in October 2003. The Variance is to allow the rear of the new house to encroach up to one foot into the required 20-foot rear yard setback and to allow more than 50% of the required 18-foot front yard setback to be paved for driveway. The property is located at 13436 Frey Court. APN: 323-340-43. There was no one present wishing to speak. 8079 Page 4 - CITY OF POW A Y - April 6, 2004 Motion by Councilmember Rexford, seconded by Councilmember Emery, to close the public hearing and adopt Planning Resolution No. P-04-27, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 04-03CF Assessor's Parcel Number 323-340-43." Motion carried 4-0 with Deputy Mayor Higginson absent. ITEM 3 (0200-20) DEVELOPMENT REVIEW 02-09R APPLICANTS: ROB AND KAREN SPRAGUE Staff report by City Manager Bowersox. The applicants have requested this item be removed from the Agenda. Motion by Councilmember Emery, seconded by Council member Rexford to remove the item from the Agenda. Motion carried 4-0 with Deputy Mayor Higginson absent. ITEM 4 (0725-30) SPECIAL ELECTION MARCH 2, 2004 BALLOT MEASURE ZONE CHANGE - HIGHWAY 67 AND POWAY ROAD Staff report by City Manager Bowersox. On March 2, 2004, a Special Municipal Election was held in the City of Poway to put before the voters, Proposition E, "Shall an Ordinance be adopted which would change the General Plan and Zoning Designations of Approximately Twenty Acres at the Northwest Corner of Highway 67 and Poway Road from Rural Residential to Automotive/General Commercial." The total number of votes cast was 15,046 out of 26,637 registered voters. Proposition E failed with 12,211 opposed (82.44%) and 2,601 votes in favor (17.56%). It would be appropriate at this time to adopt a Resolution declaring the results. Motion by Councilmember Emery, seconded by Mayor Cafagna, to adopt Resolution No. 04-022, entitled, "A Resolution of the City Council of the City of Poway, California, Reciting the Fact of the Special Municipal Election Held on March 2, 2004, Declaring the Results Thereof and Such Other Matters as Provided by Law." Motion carried 4-0 with Deputy Mayor Higginson absent. ITEM 4.1 (0260-90) CANYON VIEW APARTMENTS CONDOMINIUM CONVERSION Staff report by City Manager Bowersox. This is a response to recent inquiries from residents of the Canyon View Apartments regarding the conversion of their units to condominiums. The City's ability to assist in this situation is limited. Residents have been provided access to the City's affordable housing hotline and seniors have been referred to the new Los Arcos affordable housing development. Council concurred to receive and file the report. 8080 Page 4 - CITY OF POWAY - April 6, 2004 CITY MANAGER ITEMS 12. City Manager Bowersox provided a brief update on the State Budget. (0150-20) MAYOR AND CITY COUNCIL-INITIATED ITEMS 16. Councilmember Goldby requested staff prepare an analysis regarding Poway Municipal Code sections 17.08.100, 17.08.110 and 17.08.120 in regards to the proposed softball fields; along with a report in regards to the original design and use of Starridge Park. 18. Mayor Cafagna provided a brief Regional Governance update. (0150-20) ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:45 p.m., upon motion by Councilmember Emery, seconded by Council member Councilmember Rexford. Motion carried 4-0 with Deputy Mayor Higginson absent. Sherrie D. Worrell, Deputy City Clerk City of Poway 8081