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CC 1997 08-05 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 5, 1997 The August 5, 1997, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Deputy Mayor Rexford at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Bob Emery, Jay Goldby, Betty Rexford COUNCILMEMBERS ABSENT AT ROLL CALL Don Higginson STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Tamara Smith Peggy Stewart Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Mark Sanchez Steve Streeter John Falconer Penny Riley City Manager City Clerk Assistant City Attorney Director of Administrative Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Redevelopment Services Director of Safety Services Principal Planner Sheriff's Captain Assistant to the City Manager PLEDGE OF ALLEGIANCE Councilmember Goldby led the Pledge of Allegiance. Eric Rader from the Poway Target Store, presented a check for $3,000 to the City Council to be used for the City's Summer Concert Series. PUBLIC ORAL COMMUNICATIONS Deputy Mayor Rexford explained the procedure for Public Oral Communications. There was no one present wishing to speak. 6132 Page 2 - CITY OF POWAY - August 5, 1997 CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Cafagna, to approve the Consent Calendar as follows: Approval of Minutes - City Council June 24, 1997 - Regular Meeting 11. Ratification of Warrant Register for period of July 14-18, 1997. (401-10) 12. Approval of Investment Report for period ending June 30, 1997. (408-01) 12.1 Award of bid for the Gregg Street Reservoir and Pump Station Improvements (#1820) to Pro Contracting Corp. in the amount of $1,427,290. (602-01 #1216) Motion carried 4-0 with Mayor Higginson absent. ITEM 1 (203-02) TENTATIVE PARCEL MAP 97-03 APPLICANT: LORI COTA Deputy Mayor Rexford opened the public hearing. Staff report by City Manager Bowersox. This is a request to subdivide .97 acres into two parcels, one commercial and one residential, on the southwest corner of Sudan and Poway Roads. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Emery to close the public hearing; issue a Negative Declaration; and adopt Planning Resolution No. P-97-36, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Parcel Map 97-03, Assessor's Parcel Number 323-262-01 ." Motion carried 4-0 with Mayor Higginson absent. ITEM 2 (203-08) CONDITIONAL USE PERMIT 97-06 APPLICANT: SOLID ROCK GYM Deputy Mayor Rexford opened the public hearing. Staff report by City Manager Bowersox. This is a request to establish an indoor rock-climbing facility inside the approved Atlas 6133 Page 3 - CITY OF POWAY -August 5, 1997 Transfer and Storage Building which will be located at 13025 Stowe Drive. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the public hearing; issue a Negative Declaration; and adopt Planning Resolution No. P-97-37, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 97-06, Assessor's Parcel Number 317-281-15." Motion carried 4-0 with Mayor Higginson absent. ITEM 3 (203-04) VARIANCE 97-04/MINOR DEVELOPMENT REVIEW 97-40 APPLICANTS: JOHN & MICHELLE MABIE Deputy Mayor Rexford opened the public hearing. Staff report by City Manager Bowersox. This is a request for a front yard setback variance of 19.8 feet to allow a three car garage addition of 455 square feet where a 40 foot front yard setback is normally required, at 13810 Sagewood Drive. A family room and master bedroom suite totaling 742 square feet are also part of the project. Staff recommends approval. Speaking in favor of staff recommendation: William Monahan, 13817 Sagewood Drive. stated he had originally written a letter in opposition, however staff had visited the site with him and the applicant and they explained the extent of the encroachment. He has withdrawn his opposition. Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing and adopt Planning Resolution No. P-97-38, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 97-04 and MDRA 97-40, Assessor's Parcel Number 275-791-22." Motion carded 4-0 with Mayor Higginson absent. ITEM 4 (203-04) VARIANCE 97-06 APPLICANT: KATHLEEN & MARK PAUR Deputy Mayor Rexford opened the public hearing. Staff report by City Manager Bowersox. This is a request for a variance from the required ten foot separation between the main house and a proposed freestanding cabana for the property located at 14508 Crestwood Avenue. Staff recommends approval. 6134 Page 4 - CITY OF POWAY - August 5, 1997 There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Goldby to close the public hearing and adopt Planning Resolution No. P-97-39, entitled, "A Resolution of the City Council of the City of Poway, Califomia Approving Variance 97-06, Assessor's Parcel Number 314-771-12." Motion carried 4-0 with Mayor Higginson absent. ITEM 5 (401-27) WEED AND NUISANCE ABATEMENT TAX ROLL FOR 1997-98 Deputy Mayor Rexford opened the public hearing. Staff report by City Manager Bowersox. Approximately 400 notices were mailed to property owners regarding weed abatement. Over 250 did their own abatement. The City's contractor did the remainder and the costs, including a $60 administrative charge, will be collected through the tax roll. Two properties were cleared through the nuisance abatement process. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Cafagna to close the public hearing and adopt Resolution No. 97-070, entitled, "A Resolution of the City Council of the City of Poway, California, Approving the Report Prepared for Collection of Weed Abatement and Nuisance Abatement Charges on the County Tax Assessor's Roll for the Year 1997-98." Motion carried 4-0 with Mayor Higginson absent. ITEM 6 (401-27) FIRE PROTECTION TAX/HIGH VALLEY ROAD NEIGHBORHOOD LOANS/TAX ROLL Deputy Mayor Rexford opened the public hearing. Deputy Mayor Rexford stated she would abstain from discussion of the Creek Road sewer assessment since she is paying the assessment. Staff report by City Manager Bowersox. The fire protection tax which was approved by the voters on June 3, 1997; assessments for High Valley Roads; and loan payments for the Neighborhood Loan program are collected through the tax roll. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the 6135 Page 5 - CITY OF POWAY - August 5, 1997 public hearing and adopt Resolution No. 97-071, entitled, "A Resolution of the City Council of the City of Poway, California, Establishing the Fire Protection Tax and Street and Sewer Improvement Assessments to be Collected on the Property Tax Roll for Fiscal Year 1997- 1998." Motion carried 4-0 with Mayor Higginson absent, with Deputy Mayor Rexford abstaining from the Creek Road sewer assessment. ITEM 7 (401-27) COMMUNITY FACILITIES DISTRICT NO. 1 1997-98 SPECIAL TAX RATE Deputy Mayor Rexford opened the public hearing. Staff report by City Manager Bowersox. It is necessary to establish the amount of the special tax to be assessed on property within the Community Facilities District No. 1 each year. Staff recommends the assessment of $10.988.72 per net usable acre for 1997-98. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing and adopt Resolution No. 97-072, entitled, '% Resolution of the City Council of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied on Property Within the South Poway Community Facilities District No. 1 for Fiscal Year 1997-1998." Motion carried 4-0 with Mayor Higginson absent. ITEM 8 (401-27) COMMUNITY FACILITIES DISTRICT NO. 88-1 1997-98 SPECIAL TAX RATE Deputy Mayor Rexford opened the public hearing. Staff report by City Manager Bowersox. It is necessary to establish the amount of the special tax to be assessed on property within the Community Facilities District No. 88-1 each year. Staff recommends the assessment of $13,534.98 per net usable acre for 1997-98. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing and adopt Resolution No. 97-073, entitled, "A Resolution of the City Council of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied on Property Within the Community Facilities District No. 88-1 (Parkway Business Centre) for Fiscal Year 1997-1998." Motion carried 4-0 with Mayor Higginson absent. 6136 Page 6 - CITY OF POWAY - August 5, 1997 CITY ATTORNEY ITEMS Assistant City Attorney Smith requested a closed session for existing litigation to discuss Poway Land v. City of Poway, San Diego Superior Court Case No. 701895. MAYOR AND CITY COUNCIL-INITIATED ITEMS 16A. Councilmember Emery stated he has received a written report from staff regarding access to the Internet and e-mail and does not need to discuss it. However, he requested a status report from DKS regarding the communications master plan at the September workshop. He will submit his questions in writing. 16B. Councilmember Emery stated he read an article in the ~ regarding the Chamber of Commerce's plan to hold their street fairs on Poway Road, between Midland and Community, rather than on Midland Road. Since the street fair requires a temporary use permit he requested early discussion on this issue. Fred Day, Executive Director of the Chamber of Commerce, apologized for the misunderstanding and explained that the street fair needs a new location in order to grow. Council urged the Chamber to get their Temporary Use Permit application submitted as soon as possible. Information needed is reaction from the businesses in that area that are open on Sunday; traffic counts on Sunday; and a written report from the Sheriff's Department regarding traffic impacts resulting from closing the street the entire day. CLOSED SESSION Deputy Mayor Rexford called for a closed session at 7:35 p.m. as requested by the Assistant City Attorney. CALL TO ORDER AND ADJOURNMENT Deputy Mayor Rexford called the meeting back to order at 8:10 p.m. with all Councilmembers present except Mayor Higginson The meeting was adjourned on motion by Councilmember Goldby, seconded by Councilmember Emery. Marjorie ~. Wahlsten, City Clerk City of P~oway 6137