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CC 2006 01-24 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JANUARY 24, 2006 The January 24,2006, Regular Meeting of the City Council of the City of Poway, was called to order at 7:02 p.m. by Mayor Cafagna at the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California, for a Regular City Council Meeting. COUNCILMEMBERS PRESENT Bob Emery, Don Higginson, Betty Rexford, and Mickey Cafagna COUNCILMEMBERS ABSENT Merrilee Boyack STAFF MEMBERS PRESENT Rod Gould Penny Riley Tamara Smith Diane Shea Niall Fritz Robert Clark Deborah Johnson Jim Howell Warren Shafer Kevin Kitch Charlie Campe Kristen Crane Paolo Romero City Manager Assistant City Manager City Attorney City Clerk Director of Development Services Director of Community Services Director of Redevelopment Services Director of Public Works Acting Director of Administrative Services Division Chief, Safety Services Sheriff's Captain Assistant to the City Manager Management Assistant PLEDGE OF ALLEGIANCE Deputy Mayor Rexford led the pledge of allegiance. PRESENTATIONS Presentation by the 2-1-1 of San Diego County regarding the 24-hour Community Service Hotline pertaining to Health, Safety and Disaster Information. Sara Matta, Executive Director of 211 San Diego, explained the services provided to the community and asked for City Council support of federal legislation supporting the 211 services. Council gave suggestions on providing information of the service to the community. CITY COUNCILMEMBER ANNOUNCEMENTS Poway Bob's Restaurant Review. Councilmember Emery praised the Dia de La Familia community event held on Sunday and gave his "restaurant review" noting the excellent food provided that day. 8571 Page 2- CITY OF POWAY - January 24,2006 Councilmember Emery announced his attendance, on behalf of the League of California Cities and City of Poway, at the planning session for the Mayor and City Councilmember Academy Executive Forum and Advanced Leadership Workshop. Council member Emery displayed the plaque he will present, on behalf of the City, to long- time chair of Metropolitan Transit System (MTS), Leon Williams, who will be retiring later this week. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedures for Public Oral Communications. No one was present wishing to speak. CONSENT CALENDAR: Motion by Councilmember Emery and seconded by Deputy Mayor Rexford to approve the Consent Calendar items 8 - 16 with the exception of item 12 that was removed for discussion. Motion carried 4-0 with Council member Boyack absent. 8. Ratification of Warrant Reqisters for the periods of December 19 through 23 and December 26 through December 30, 2005. (0475-20) 9. Approval of Minutes - City Council December 20, 2005 Regular Meeting December 27,2005 Canceled Regular Meeting January 3, 2006 Canceled Regular Meeting January 5, 2006 Canceled Adjourned Regular Meeting 11. Adoption of Resolution No. 06-003, entitled: "A Resolution of the City Council of the City of Poway, California, Commending Eaqle Scout Christopher DeHaan." (0710-40) 12. Approval of a Communitv Contribution in the amount of $1,500 to the Poway High School Robotics Team 1622. (0160-10) This item was removed from the Consent Calendar for discussion and presentation by Poway Unified High School teacher Roger Dohm. Motion by Deputy Mayor Rexford and seconded by Councilmember Emery to approve the contribution to the Poway High School Robotics Team in the amount of $1 ,500. Motion carried 4-0 with Councilmember Boyack absent. 13. Acceptance of Fire Station #3 Slope Landscape Proiect, CIP #5544 (Bid No. 05-021) from Blue Pacific Engineering & Construction. (0700-10) 14. Acceptance of the Powav Fire Station #3 Precise Gradinq, Permanent Buildinq and Landscapinq Proiect (#5537) from The Guardian Group. (0700-10) 8572 Page 3- CITY OF POWAY - January 24,2006 15. Adoption of Resolution No. 06-004, entitled: "A Resolution of the City Council of the City of Poway, California Approving the Application for Grant Funds for the Kumevaav- Ipai Interpretive Center at Pauwai from the California Cultural and Historical Endowment (CCHE), Under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002." (0490-51) 16. Approval of a two-vear contract extension to Pomerado Publishinq for Poway Today newsletter at the revised unit cost and the current quantity of newsletter printed. (0700-10) CONTINUED PUBLIC HEARINGS ITEM 1 (0220-60/#632) ORDINANCE NO. 632 - SECOND READING SO. POWAY SPECIFIC PLAN AMENDMENT (SPA) 84-01UUU CHANGE LAND USE DESIGNATION POMERADO PROPERTIES L.P., APPLICANT UNADDRESSED PROPERTY ON KIRKHAM WAY APN: 320-220-16 Director of Development Services Niall Fritz presented the staff report. On January 10, 2006, the City Council introduced and had the first reading of Ordinance No. 632. All Councilmembers were present at the first reading, with the exception of Deputy Mayor Rexford. One person from the public spoke on this item. No one was present wishing to speak. Motion by Deputy Mayor Rexford, seconded by Councilmember Emery, to close the public hearing waive further reading and adopt Ordinance No. 632 entitled, "An Ordinance of the City of Poway, California, Approving a Specific Plan Amendment (SPA 84-01 UUU) to the South Poway Specific Plan to Change the Land Use Destination on 2.8 Acres of Vacant Unaddressed Property Located on the South Side of Kirkham Way Approximately 200 Feet East ofTech Center Court from Light Industrial to Light Industrial/Outdoor Storage. APN 320- 220-16." Motion carried 4-0, by roll call vote, with Council member Boyack absent. ITEM 2 (0220-60/#633) ORDINANCE NO. 633 - SECOND READING SO. POWAY SPECIFIC PLAN AMENDMENT (SPA) 84-01VW CHANGE LAND USE DESIGNATION TED BAUER, APPLICANT 13750 DANIELSON STREET APN: 317-810-18 Director of Development Services Niall Fritz presented the staff report. On January 10,2006, the City Council introduced and had the first reading of Ordinance No. 633. All Council members were present at the first reading, with the exception of Deputy Mayor Rexford. One person from the public spoke on this item. 8573 Page 4- CITY OF POW A Y - January 24, 2006 There was no one was present wishing to speak. Motion by Deputy Mayor Rexford, seconded by Councilmember Higginson, to close the public hearing, waive further reading and adopt Ordinance No. 633 entitled, "An Ordinance of the City of Poway, California, Approving a Specific Plan Amendment (SPA 84-01VVV) to the South Poway Specific Plan to Change the Land Use Destination on an .8 Acre Property Located at 13750 Danielson Street from Light Industrial/Outdoor Storage to Industrial Park. APN 317-810-18." Motion carried 4-0, by roll call vote, with Council member Boyack absent. PUBLIC HEARING ITEM 3 (0330-90) ENVIRONMENTAL ASSESSMENT 05-07 DEARBORN CEMETERY/ HENRY WILSON, JR, APPLICANT 14361 TIERRA BONITA ROAD APN: 321-191-25 Director of Development Services Fritz presented the staff report. This is a request to expand and develop an additionaI4.7-acres of burial area on the 38.7-acre Dearborn Memorial Park site. The project will involve grading to create gently sloping burial areas, extend an access driveway, and grade a 9-space parking lot and building pad area for a small covered assembly area. The Cemetery is located within the Public Facilities zone. There was no one present wishing to speak on this item. Motion by Deputy Mayor Rexford and seconded by Councilmember Higginson to approve the Mitigated Negative Declaration and approve Resolution No. P-06-04 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Environmental Assessment 05-07, for a Grading Permit for Dearborn Memorial Park Located at 14631 Tierra Bonita Road, Assessor's Parcel Number 321-191-25." Motion carried 4-0 with Council member Boyack absent. ITEM 4 (0210-30) ENVIRONMENTAL ASESSMENT 05-07 CONDITIONAL USE PERMIT 99-16M CITY OF POWAY, APPLICANT SILVER LAKE DRIVE & CARRIAGE ROAD APN: 317-490-33, 36, 37 & 46 Director of Development Services Fritz presented the staff report. This is a request to modify Conditional Use Permit 99-16 to implement Phase I of the Kumeyaay-Ipai Interpretive Center at Pauwai Master Plan, consisting of a 1 ,440-square-foot- modular building to be used as an interim officelinterpretive center for the facility, construction of a 20-foot-wide access road through the site that will interconnect Silver Lake Drive and Carriage Road, construction of approximately 20 parking spaces, ADA accessible walkways, installation of water and sewer lines to serve the facility and grading as necessary to accomplish the improvements. 8574 Page 5- CITY OF POWAY - January 24,2006 Mike Horan, Poway, supported the project. Sandra Horan, Poway, supported the project. Motion by Councilmember Emery and seconded by Deputy Mayor Rexford to adopt Planning Resolution P-06-05 entitled, "A Resolution of the City Council ofthe City of Poway, California, Approving Conditional Use Permit 99-16M, Assessor's Parcel Numbers 317-490-33, 36, 37 & 46." Motion carried 4-0 with Councilmember Boyack absent. ITEM 5 (0210-70) VARIANCE 05-16 COMMUNITY HOUSING WORKS APPLICANT CORNER COMMUNITY RD & HILLEARY PL APN: 317-101-24 Director of Development Services Fritz presented the staff report. This is a request for a Variance to allow the construction of a 6-foot-high, partially open wall along the interior property lines separating a commercial and residential use, instead of the 8-foot-high, solid wall that is required by Section 17.1 0.159(B) of the Poway Municipal Code. The site, at the southwest corner of Community Road and Hilleary Place, is currently being prepared for development of a City Redevelopment Agency-assisted affordable, multi-family housing/commercial office project that was approved by the City Council on May 17, 2005. At that meeting, the design of the wall was discussed, and it was indicated that an alternative wall design that would be less than 8 feet in height and open in appearance may be approved with a Variance. An alternative design for the wall has been developed in consultation with and to the satisfaction of Community Housing Works, the City Redevelopment Agency, and the commercial office occupant. The required findings for a Variance can be made. There was no one present wishing to speak on this item. Motion by Deputy Mayor Rexford, and seconded by Councilmember Higginson, to approve Planning Resolution No. P-06-06 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Variance 05-16, Assessor's Parcel Number 317-101-24." Motion carried 4-0 with Council member Boyack absent. ITEM 6 (0200-60) VARIANCE 05-19 DEVELOPMENT REVIEW 05-11 GREG BRANDALlSE & TED NEHER, APPLICANT SO. TERMINUS WELTON LANE APN: 323-090-59 AND 323-090-67 Director of Development Services Niall Fritz presented the staff report. This is a request to approve the construction of 6 single-family homes on 6 lots of Tentative Tract Map 04-02, a guesthouse, and 2 unlighted recreational courts. 8575 Page 6- CITY OF POWAY - January 24,2006 The request also includes a Variance to allow a 10-foot-high chain link fence for one of the recreational courts to be located within 3 feet of a series of 2 retaining walls, where a series of 2 retaining walls and/or fences is the maximum allowed, and where the wall and fence are required to be offset by 5 feet of landscaping. The property is vacant and located at the southern terminus of Welton Lane, within the Rural Residential C (RR-C) zone and the Gate Drive Specific Plan area. Bob Parda, Poway, asked that the City Council ensure the requirement to complete the recreational trail is fulfilled as outlined in the resolution. Motion by Deputy Mayor Rexford and seconded by Councilmember Emery to adopt Planning Resolution No. P-06-07 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Variance 05-19 and Development Review 05-11, Assessor's Parcel Numbers 323-090-59 and 323-090-67." Motion carried 4-0 with Council member Boyack absent. STAFF REPORT: ITEM 7 (0630-40) SPORTS FACILITY NEEDS ASSESSMENT 2005 Director of Community Services Robert Clark requested this item be continued to the City Council meeting of February 7, 2006, in order for members of the Parks and Recreation Advisory Committee to be present. There was no one present wishing to speak on this item. Motion by Council member Emery and seconded by Council member Higginson to continue this item to the February 7, 2006 City Council Meeting. Motion carried 4-0 with Councilmember Boyack absent. CITY MANAGER ITEMS Mr. Gould announced the "James L. Bowersox Service Scholarship Fund Event" to be held on Friday, January 27, 2006, is sold out and will meet or exceed the $50,000 scholarship fund goal. Council member Emery will emcee the event. CITY ATTORNEY 18. City Attorney Smith and Deputy City Attorney Steve Boehmer requested a Closed Session for the following: 8576 Page 7- CITY OF POWAY - January 24,2006 Conference with Legal Counsel - Existing Litigation Government Code 54956.9a Gagliano Family Trust vs. City of Poway San Diego Superior Court Case No. GIC 847242 CLOSED SESSION Mayor Cafagna called for a Closed Session at 7:47 p.m. as requested by the City Attorney. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 8:11 p.m. reporting that there was no reportable action from the Closed Session. ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:12 p.m. ~];g~ L. Diane Shea, City Clerk City of Poway, California 8577