Loading...
CC 2007 02-20 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 20, 2007 The February 20,2007, Regular Meeting of the City Council of the City of Poway, was called to order at 7:04 p.m. by Mayor Cafagna at the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT Bob Emery, Betty Rexford, Don Higginson, and Mickey Cafagna COUNCILMEMBERS ABSENT Merrilee Boyack STAFF MEMBERS PRESENT Rod Gould Penny Riley Lisa A. Foster Diane Shea Niall Fritz June Dudas Jim Howell Dena Fuentes Tina White Mark Sanchez Todd E. Frank Frank Casteleneto Jason Martin Patti Brindle Kristen Crane Paolo Romero Garry MacPherson Dennis Quillen PLEDGE OF ALLEGIANCE City Manager Assistant City Manager City Attorney City Clerk Director of Development Services Community Services Manager Director of Public Works Director of Redevelopment Services Director of Administrative Services Director of Safety Services Sheriff's Captain City Engineer Senior Planner City Planner Assistant to the City Manager Management Analyst Safety Services Division Chief Assistant Director Public Services Councilmember Rexford led the pledge of allegiance. CITY COUNCILMEMBER ANNOUNCEMENTS . Poway Bob's Restaurant Review: Councilmember Emery reviewed Zips Tummy Buster restaurant located in the Business Park serving salads, sandwiches and pizza; also offering a catering service. 8807 Page 2 - CITY OF POW A Y - February 20, 2007 PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedures for Public Oral Communications noting that State law may prohibit the City Council from taking action on items not on the agenda, and items will be referred to staff. The following people spoke: Ed Carboneau, Poway, questioned councilmember's absences from Council meetings. Diane Armstrong and Lee Tartre, Poway, spoke on Public Works removal of trees from their property and their concerns with resulting erosion and other damage. CONTINUED PUBLIC HEARINGS 1. Ordinance No. 651, Second Reading, entitled: "An Ordinance of the City of Poway, California, Amending Chapter 2.18 ofthe Poway Municipal Code by the Amendment of Section 1.18.040 Changing the Time and Place of Regular City Council Meetings and Amending Section 2.18.070 Concerning the Order of Business on the Agenda." (0710-90) Diane Shea, City Clerk, presented the staff report. On February 6, 2007, the City Council introduced and held the first reading of Ordinance No. 651 entitled, "An Ordinance of the City of Poway, California, Amending Chapter 2.18 of the Poway Municipal Code by the Amendment of Section 2.18.040 Changing the Time and Place of Regular City Council Meetings and Amending Section 2.18.070 Concerning the Order of Business on the Agenda." Deputy Mayor Boyack and Councilmember Rexford were absent at first reading. There was no public testimony given at that time. There was no one present from the public wishing to speak on this item. Motion by Council member Higginson and seconded by Councilmember Emery to close the public hearing, waive further reading, and adopt Ordinance No. 651 by a roll call vote. Motion carried 4-0 with Deputy Mayor Boyack absent. PUBLIC HEARINGS: 2. Tentative Tract Map (TTM) 06-04, Don Mechling, Applicant. A request for approval of a 10-lot subdivision of an approximate 22 acre-site, consisting of residential lots ranging in size from 2 to 2.7 acres, located at 14633 and 14735 High Valley Road in the Rural Residential B2 zone and Hillside/Ridgeline Overlay area. APN: 321-030-31 and 32. (0200-60) Niall Fritz, Director of Development Services, presented the staff report. The applicant is proposing a 1 O-Iot subdivision of the 22-acre site. The site is currently comprised of two lots of approximately 11 acres each; both of which are developed with a single- family home. The proposed subdivision would retain the two existing homes on smaller lots and create eight additional lots. The proposed lots range in size from 2 to 2.7 acres. The site is located at 14633 and 14735 High Valley Road, in the Rural Residential Bz zone and Hillside/Ridgeline Overlay area. The proposed TIM complies with all City standards. 8808 Page 3 - CITY OF POWAY - February 20,2007 There was no one present from the public wishing to speak on this item. Motion by Councilmember Emery and seconded by Councilmember Higginson to close the public hearing and adopt Planning Resolution No. P-07-04, as amended, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Tract Map 06-04, Assessor's Parcel Numbers 321-030-31 and 32." Motion carried 4-0 with Deputy Mayor Boyack absent. 3. Ordinance No. 652, First Reading, entitled: "An Ordinance of the City of Poway, California, Amending Chapter 8.04, Sections 8.04.010 through 8.04.100 Concerning Smoking in Public Parks and Trails." (0620-90) Paolo Romero, Management Analyst, presented the staff report. An increasing number of cities throughout California are adopting policies limiting smoking in outdoor venues due to concerns over public health, safety, and cigarette-related litter. In Poway, residents have expressed interest in the City adopting an ordinance prohibiting smoking at community recreational amenities. Staff recommends that the City adopt an ordinance prohibiting smoking at public parks and trails to address the following community issues: fire prevention, public health and safety, and litter reduction. Debra Kelley, American Lung Association, spoke in favor of the ordinance. Motion by Councilmember Emery and seconded by Councilmember Rexford to waive further reading, introduce the ordinance and continue the public hearing to March 13, 2007 for second reading of Ordinance No. 652. Motion carried 4-0 with Deputy Mayor Boyack absent. 4. Variance (VAR) 06-13, Mark Rowson, Applicant. A request for a Variance to allow (1) an 8-foot encroachment into the required 40-foot front yard setback for a garage addition, (2) a 1 O-foot encroachment into the required 20-foot side yard setback for a garage addition, and (3) an 8-foot encroachment into the required 20-foot side yard setback for a living area addition, for an existing single-family residence located at 16652 Maverick Lane, in the Rural Residential C (RR-C) zone. APN 275-600-30. (0210-70) Niall Fritz, Director of Development Services, presented the staff report. The applicant is requesting a Variance to allow a portion of an approximately 471-square-foot new garage and a portion of a 535-square-foot living area addition to an existing single- family residence to encroach into the front yard and side yard setbacks. The request is to allow for the front corner of the garage to encroach eight feet into the required 40- foot front yard setback. The proposed front setback for the new garage will match the setback of the existing legal nonconforming garage setback at 32 feet from the front property line. This new garage would also encroach 10 feet into the 20-foot side yard setback. The new living area addition proposed on the side/rear of the house would encroach eight feet into the required 20-foot side yard setback. 8809 Page 4 - CITY OF POWAY - February 20, 2007 Mark Rowson, applicant, gave a presentation on his proposed project. Matthew Pollack, Poway, is concerned with the stability of the steep slope on Mr. Rowson's northerly property line down from his side yard. Stanley Ginsberg, Poway, is concerned that the project increase impervious surface on the site that may create runoff and drainage problems affecting neighbors. Motion by Councilmember Higginson and seconded by Councilmember Rexford to close the public hearing and adopt Planning Resolution No. P-07-05 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Variance 06- 13, Assessor's Parcel Number 275-600-30: Motion carried 4-0 with Deputy Mayor Boyack absent. 4.1 Ordinance No. 653, First Reading, entitled" An Ordinance of the City of Poway, California, Amending Section 17.40.015, Section 17.40.100 and Section 17.40.090 of the Poway Municipal Code, Implementing a Prohibition on Moving Signs in the City of Poway." (0280-90) City Attorney Lisa Foster presented the staff report. This amendment of the City's Comprehensive Sign Regulations is for the purpose of clarifying the definition of "sign" so that it includes moving signs, such as human signs, wind activated signs and sign spinners. The amendment also implements a more comprehensive prohibition on all types of moving signs because of the traffic safety and aesthetic problems created by moving signs. The amendment also clarifies that the prohibition on moving signs is absolute, and not subject to any exceptions in the sign ordinance. There was no one present from the public wishing to speak on this item. Motion by Councilmember Emery and seconded by Councilmember Higginson to continue first reading of the ordinance to the March 13, 2007 City Council meeting. Motion carried 4-0 with Deputy Mayor Boyack absent. STAFF REPORTS: 5. Adoption of a Resolution adopting the City of Poway Emergency Operations Plan and the Emergency Operations Center Handbook. (0320-60) Assistant City Manager Penny Riley and Safety Services Division Chief Garry MacPherson presented the staff report. The San Diego Unified Disaster Council, of which the City of Poway is a member, completed their new Emergency Operations Plan in September 2006. The City of Poway, along with the 17 other incorporated cities in San Diego, is adopting the structure and format of this plan; however, there are enhancements to six of the 16 annexes. These enhancements include the development of our own spontaneous volunteer program and the accommodations for residents when they arrive at care and shelter facilities with domestic pets. In addition, we have developed an Emergency Operations Handbook that will serve as a guide for City officials throughout the disaster. 8810 Page 5 - CITY OF POWAY - February 20,2007 There was no one present from the public wishing to speak on this item. Motion by Councilmember Emery and seconded by Council member Rexford to adopt Resolution No. 07-018 entitled, "A Resolution ofthe City Council of the City of Poway, California, to Adopt the Emergency Operations Plan (EOP) and the Emergency Operations Center (EOC) Handbook." Motion carried 4-0 with Deputy Mayor Boyack absent. CONSENT CALENDAR Motion by Councilmember Rexford and seconded by Councilmember Emery to approve the Consent Calendar consisting of Items 6, and 8 through 12 as submitted. Motion carried 4-0 with Deputy Mayor Boyack absent. 6. Approval of Minutes - City Council January 16, 2007 Regular Meeting January 23, 2007 Canceled Regular Meeting January 30, 2007 Canceled Regular Meeting 8. Ratification of Warrant Reaisters for the periods January 15 through January 19, 2007, and January 22 through 26, 2007. (0475-20) 9. Award of Bid for Solar-Assisted Trailer Mini-Matrix Messaae Board - Bid No.06- 021 to Allied Traffic Equipment in the amount of $17,509.38. (0480-40) 10. Award of Bid for the Poway Royal Estates Mobile Home Park Family and Adult Pool Rehabilitation Project (#5546A) - Bid No. 06-022 to South Coast Pool Plastering, Inc., the lowest bidder, in the amount of $268,929.80. (0700-10) 11. Award of Consultant Aareement to HDR Engineering, Inc. to Prepare a Utilities Operational Effectiveness Study. (0700-10) 12. Adoption of Resolution No. 07-06 approving Temporary Use Permit (TUP) 07-07, Knights of Columbus from St. Gabriel's Catholic Church, Applicant, to hold a fundraising carnival on a vacant Poway Redevelopment Agency-owned lot on the corner of Poway Road and Tarascan Drive to be held February 22-23, 2007 from 5:00 p.m. to 10:00 p.m. and February 24-25,2007 from 1 :00 p.m. -10:00 p.m. (0210-60) CITY MANAGER ITEMS 13. City Manager Gould announced that the next City Council meeting on March 6, 2007 will be the first televised (tape-delayed) meeting and will feature the Mayor's State of the City Address and a presentation on the Town Center. 8811 Page 6 - CITY OF POW A Y - February 20, 2007 MAYOR AND CITY COUNCIL-INITIATED ITEMS 19A. Mayor Cafagna requested and received concurrence to appoint five members to the Budget Review Committee for Fiscal Years 2007 - 2009 as submitted. (0120-10) Raghubir (Rugby) Mathur by Deputy Mayor Boyack Mary Cross by Councilmember Emery Janet DePrinzio by Council member Higginson Jerry Hargarten by Council member Rexford Dave Knopp by Mayor Cafagna Ed Carboneau, Poway, objected to the appointment of Jerry Hargarten. ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:43 p.m. in memory of Joan McFarland, Councilmember Rexford's sister, who passed away on February 8,2007. O)~~CI"k City of Poway, California 8812