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CC 2008 06-17 City of Poway, California Minutes of the City Council Regular Meeting June 17, 2008 The June 17,2008 Regular Meeting of the City Council of the City of Poway was called to order at 7'03 p.m. by Mayor Cafagna at the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Councilmembers Present: Don Higginson, Betty Rexford, Bob Emery, Mickey Cafagna Councilmembers Absent: Merrilee Boyack Staff Members Present Penny Riley Acting City Manager Lisa Foster City Attorney Salam Hasenin City Clerk Bob Manis Director of Development Services Robert Clark Director of Community Services Kevin Haupt Director of Public Works Tina White Director of Administrative Services Dena Fuentes Director of Redevelopment Services Kevin Kitch Fire Division Chief Todd Frank Sheriff's Captain PledQe of AlleQiance: Deputy Mayor Emery led the Pledge of Allegiance. City CounciJmember Announcements PowayBob's Restaurant Review: Deputy Mayor Emery reviewed the "Holi Moli Ravioli" restaurant located at the shopping center near Dixieline Deputy Mayor Emery also spoke about the opening of Kumeyaay-Ipai Interpretive Center this past weekend. Pet of the Week by Councilmember Rexford: Councilmember Rexford introduced a picture of a 2-year old neutered, male Shar Pei mix dog named Peking. Peking is eagerly awaiting a wonderful home. He is available for adoption at the Escondido Humane Society The Adoption Counselor can be reached at (760) 888-2247 9047 Page 2 - City of Poway - June 17, 2008 Presentations Graduation Certificate Presentations for Reserve Park Ranger Graduating Academy #23: Deputy Mayor Emery presented certificates to the Reserve Park Graduates from Academy #23 Public Oral Communications Roger Willoughby spoke about an abandoned property that may be a fire hazard in his neighborhood. The matter was referred to the City Manager's Office Public HearinQs 1 Revocation of Minor Conditional Use Permit (MCUP) 96-06, Premier Recovery Service; Henry Rose/Michael Plue, Applicants. Lori Cota, Owner APN: 323- 262-37 (0210-50) Carol Rosas, Associate Planner, provided a PowerPoint presentation. Premier Recovery Service is located at 13977 Poway Road in the Automotive General Commercial zone The City Council approved MCUP 96 06 on March 4, 1997 for Premier Recovery Service to operate a vehicle repossession business. Due to continued violations of the conditions of approval, the City Council conducted an annual review of the subject permit at its meetings of March 4, 2008 and May 6, 2008 On May 6, 2008, the City Council directed staff to schedule this Public Hearing for revocation of MCUP 96 06 Robert Culver spoke in support of staff recommendation Sandee Culver, Ben Seifert, and Robert L. Fisk submitted speaker's slips in support of staff recommendation, but did not wish to speak. Mike Plue spoke in opposition of staff recommendation. City Council Action: Motion by Deputy Mayor Emery, seconded by Councilmember Rexford to close the public hearing and adopt Resolution P- 08-10 entitled, "A Resolution of the City Council of the City of Poway, California, Rescinding Resolution No. P-97-07 and Revoking Minor Conditional Use Permit (MCUP) 96-06 Assessor's Parcel Number 323-262-37," with modification that the business cease operation by September 1, 2008 Motion carried 3-0, with Councilmember Boyack absent and Councilmember Rexford being disqualified due to a potential conflict of interest. 9048 / Page 3 - City of Poway - June 17, 2008 2. Variance 08-04WCF and Hillside/Ridgeline Minor Development Review Application 08-20WCF, Bruce and Dana Brewer, Applicants. A request to construct an approximate 5,000-square-foot, two-story replacement home on a Witch Creek Fire impacted property located at 15140 Skyridge Road within the Rural Residential B High Valley zone The applicant is also requesting a variance approval to allow the residence to observe a 5-foot side yard setback when a 20-foot side yard setback is required in the zone APN. 278-300-68 (0210-70) Carol Rosas, Associate Planner, provided a PowerPoint presentation. The Brewer family lost their home in the October 2007 Witch Creek Fire. They are requesting approval to construct a 5,090 square-foot two story, split-level residence on the 4-acre property located at 15140 Skyridge Road to replace the 3,600 square-foot residence that was lost. A Variance approval is requested to allow the home to observe a 5-foot westerly side yard setback when a 20-foot setback is required in the zone. The Variance is necessary to allow the replacement home to comply with the setback requirements of the Wildland Urban Interface Codes. Bruce and Dana Brewer submitted a speaker's slip in support of staff recommendation, but did not wish to speak. City Council Action: Motion by Councilmember Higginson, seconded by Councilmember Rexford to close the public hearing and adopt Resolution P- 08-11 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Variance 08-14WCF and Hillside/Ridgeline Minor Development Review Application 08-20WCF Assessor's Parcel Number 278- 300-68" Motion carried 4-0, with Councilmember Boyack absent. 3 Proposed Resolution Rescinding the Residential Portion from the Traffic Mitigation Fees of Resolution 83-045 and Pursuant to Section 1506050 of the Poway Municipal Code. (0490-15) There were no speakers from the public on this item. City Council Action: Motion by Councilmember Higginson, seconded by Deputy Mayor Emery to close the public hearing and adopt Resolution 08-044 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Variance 08-14WCF and HillsidelRidgeline Minor Development Review Application 08-20WCF Assessor's Parcel Number 278-300-68 " Motion carried 4-0, with Councilmember Boyack absent. 9049 Page 4 - City of Poway - June 17, 2008 Staff Reports 4 Proposed Resolution Approving Amendments for the City Financial Program for Fiscal Years 2007-2008 and 2008-2009 (0430-40) Penny Riley, Assistant City Manager, introduced the topic. Each Department Director gave an overview of the department's budget and the progress on the annual departmental goals and objectives. Jerry Hargarten spoke in opposition to staff recommendation City Council Action: Motion by Deputy Mayor Emery, seconded by Councilmember Higginson to receive report, adopt Resolution 08-045 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Amendments to the City's Financial Program for Fiscal Years 2007-2008 and 2008-2009" Motion carried 4-0, with Councilmember Boyack absent. Consent Calendar Motion by Deputy Mayor Emery, seconded by Councilmember Rexford to approve the consent calendar consisting of items 5 through 16 as submitted, except item 10 which was pulled by the public for discussion. Motion carried 4-0, with Councilmember Boyack absent. 5 Ratification of Warrant Registers for the period of May 19 through May 23, 2008 (0475-20) 6 Approval of the Standard Agreement for the Renewal of Fire Inspector Consultant Services for Fiscal Year 2008-2009 (0700-10) 7 Rejection of Bid for the Purchase for Construction and Installation of Two (2) Truck Bodies, Bid No 08-021, and Authorize Staff to Proceed with an Open- Market Purchase (requires 4/5th vote) (0480-42) 8 Approval of an Agreement for Environmental Education Services Contract with I Love A Clean San Diego, in the Amount of $12,448.00 for the Contract Year July 1, 2008 through July 1, 2009, and Authorize the City Manager to Execute the Necessary Documents. (0700-10) 9 Award of Bid for the High Valley Emergency Access Road Project (CIP# 1297) Bid No 08-022, to Mega Engineering Company, the Lowest Responsible Bidder, in the Amount of $177,819.28 (0700-10) 9050 Page 5 - City of Poway - June 17, 2008 10 Approval of the Use of the California Conservation Corps as an Additional Resource for Vegetation Management on City-Owned Property (0700-35) This item was removed from consent at the request of Dee Fleischman who requested clarification. Her question was addressed by Kevin Kitch, Fire Division Chief Motion by Deputy Mayor Emery, seconded by Councilmember Rexford to approve staff recommendation. Motion carried 4-0, with Councilmember Boyack absent. 11 Approval to Escheat Money in Treasury as Requested by Staff (0475-20) 12. Adoption of Resolution No 08-040 Entitled, "A Resolution of the City Council of the City of Poway, California, Adopting an Appropriations Limit for Fiscal Year Ending June 30, 2009 " (0490-90) 13 Approval to Apply for Building Equity and Growth in Neighborhoods (BEGIN) Program Grant Funds for the Meadows Housing Development. (0490-51 ) 14 Adoption of Resolution No 08-041 Entitled, "A Resolution of the City Council of the City of Poway, California, Commending Eagle Scout Nathan William White." (0710-40) 15 Adoption of Resolution No 08-042 Entitled, "A Resolution of the City Council of the City of Poway, California, Calling and Giving Notice of the Holding of a General Municipal Election to be held on Tuesday, November 4, 2008, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities;" and Adoption of Resolution No 08-043 Entitled, "A Resolution of the City Council of the City of Poway, California, Requesting the Board of Supervisors of the County of San Diego to Consolidate a General Municipal Election to be Held on Tuesday, November 4, 2008, with the Statewide General Election to be Held on that Date Pursuant to 310403 of the Elections Code" (0725-40) 16 Receive Report of Emergency Repair Expenditures Pertaining to the Witch Creek Fire, and Continue the City Manager's Authorization to Make the Necessary Emergency Repairs Under Authority of Resolution No 07-079, Adopted on October 25, 2007 (Requires a 4/5ths vote) (0320-30) City Attornev Items 18. CONFERENCE WITH LABOR NEGOTIATOR AUTHORITY Gov Code Sec. 54957 6 CITY'S NEGOTIATOR. Rod Gould, City Manager EMPLOYEE ORGANIZATION. Poway Firefighters' Association There was no reportable action taken in closed session. 9051 Page 6 - City of Poway - June 17, 2008 Mavor and City Council-Initiated Items 19 BOB EMERY A) League of California Cities. 2008 Mayors and Council Members Executive Forum: Deputy Mayor Emery spoke about the water conservation seminars he attended at the Forum. Adiournment Mayor Cafagna adjourned the meeting at 9:25 p.m. ~~ )J?-;?~I" Salam Hasenin, City Clerk City of Poway, California 9052