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CC 2000 03-21 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MARCH 21, 2000 The March 21,2000, 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 City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Penny Riley Lori Anne Peoples Steve Eckis Warren Sharer Niall Fritz Jim Howell Mark Sanchez John Tenwolde Dennis Quillen Patti Brindle Dan Cannon Patrick Foley Kris Gridley Scott Nespor City Manager Deputy City Manager City Clerk City Attorney Director of Administrative Services Director of Development Services Director of Public Services Director of Safety Services Sheriff's Captain Assistant Director of Public Services City Planner Maintenance Operations Division Manager Senior Management Analyst Redevelopment Coordinator Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Higginson led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following people were present wishing to be heard: Dee Fleischman, 15070 Pomerado Rd., expressed concerns with recent maintenance to the trees and bushes along Lake Poway Road. Ed Carboneau, 14073 Pomegranate Ave., expressed his opinion on the management of the Redevelopment Agency and read into the record a letter he had written to the Court regarding a case he had filed that was dismissed by the Judge. 6882 Page 2 - CITY OF POWAY - March 21, 2000 City Attorney Eckis responded to the allegations made by Mr. Carboneau against City Employee Mr. Narevsky. CONSENT CALENDAR Councilmember Emery requested Item 16 be removed from the Consent Calendar for discussion. Motion by Councilmember Emery, seconded by Councilmember Goldby, to approve the consent calendar as follows: Ratification of Warrant Registers for the period of February 21-25 and February 28 - March 3, 2000. (401-10) Approval of Minutes - City Council February 29, 2000 - Regular Meeting March 7, 2000 - Canceled Regular Meeting 8. Approval of Community Day Booth Rental Fees. (402-13) Award of Bid for the Celestial ReservoidPomerado Reservoir Rehabilitation Projects (#1735) to Spiess Construction Co., Inc. in the amount of $154,025. (Bids to be opened on 3/14/00). (602-01 #1396) 10. Approval of Temporary Sewer Connection for 14238 and 14258 Mountain Road, APNs 321-210-64 and 65; Richard Leuthold, Applicant. (1170-13) 11. Adoption of Resolution No. 00-016, Accepting the Relinquishment of a Highway Right- of-Way from CALTRANS and Waiving the 90-day Appeal Period for the property located at Community Road and Twin Peaks Road. (1002-01) 13. Approval of Multimedia Specialist Classification as a Limited Duration, Full-Time Position for Two Years. (504-05) 14. Rejection of Bid for the 1999 City Facilities Maintenance Program and Weingart Senior Center Kitchen and Restrooms Renovation Project. (601-03) 15. Adoption of Resolution Nos. R-00-07 and 00-017 (1 Redevelopment and 1 City) Approving the Appropriation of Funds for Community Housing of North County to Conduct an Income Survey of Multi-Family Housing on Oak Knoll and Community Roads. (1141-09) Motion carried unanimously. 6883 Page 3 - CITY OF POWAY - March 21, 2000 ITEM 1 (701-04) ORDINANCE NO. 521/FIRST READING TREE COMMITTEE Mayor Cafagna opened the public hearing and read the title of Ordinance No. 521, "An Ordinance of the City of Poway, California Amending Chapter 12.32 of the Poway Municipal Code Relating to Trees, Establishing a Tree Committee and Generally Accepted Urban Forestry Practices." Introduction by City Manager Bowersox. Staff report by Public Services Director Howell. At the Feburary 10, 2000 Workshop, Council discussed the proposed ordinance and directed staff to make changes to establish a tree committee vs board, and clarify the definition of a native tree. These changes have been made and incorporated into the proposed ordinance. The following people were present wishing to speak: Dee Fleischman, 15070 Pomerado Rd., spoke in support of the intent of the ordinance. Gall Trunnell, 13314 Neddick Ave., spoke in support of the intent of the ordinance and suggested consideration of the makeup of the committee be 5 citizens and 4 staff members. William Culviner, 13036 Avenida La Valencia, requested clarification of "whose" private property. General discussion ensued. Motion by Councilmember Emery, seconded by Councilmember Goldby, to continue the public headng to Apdl 4, 2000 for second reading and adoption, including amendments to increase the appeal process to 30 days; the committee to be made-up of 3 citizens and 2 staff members; violation-penalty clause to be amended to be consistent with all other ordinances to include misdemeanor and infractions; and the language of may allow replanting on public property with approval of the Director of Public Services. Motion carried unanimously. ITEM 2 (203-04) VARIANCE 99-23 APPLICANT: JOHN HEAFEY Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request for variance approval to allow a proposed 1,100 square foot addition 6884 Page 4 - CITY OF POWAY - March 21, 2000 consisting of 400 square feet of added living space and a 700 square foot garage to observe a 10 foot street side yard setback when a 20 foot setback is required, and a 31 foot frent yard setback when a 40 foot setback is required at 14938 Budwin Lane. There was no one present wishing to speak. Motion by Deputy Mayor Higginson, seconded by Councilmember Emery, to close the public hearing and adopt Planning Resolution No. P-00-21, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Variance 99-23 Assessor's Parcel Number 314-650-09." Motion carried unanimously. ITEM 3 (203-24) MINOR CONDITIONAL USE PERMIT 00-002 APPLICANT: WILLIAM AND STEPHANIE WASHAM Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to locate an appreximately 200 square foot drive-threugh/walk-up coffee kiosk at 12755 Danielson Court. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to close the public hearing and adopt Planning Resolution No. P-00-22, entitled, "A Resolution of the City Council of the City of Poway, California, Approving MCUP 00-002 Assessor's Parcel Number 317-220-33." Motion carried unanimously. ITEM 4 (701-04 #~,56) ANNUAL DESIGNATION INAPPROPRIATE AREAS SECOND DWELLING UNITS Staff report by City Manager Bowersox. This resolution determines which areas of the City have adequate water, sewer and traffic circulation to allow second dwelling units and which areas of the City currently do not have adequate services. Section 17.08.180 of the Poway Municipal Code, adopted February 13, 1996 and effective March 14, 1996, requires annual adoption of a resolution for implementation of this designation. There are no changes in the prior year's designation. Motion by Councilmember Goldby, seconded by Councilmember Emery, to adopt Resolution No. 00-018, entitled, "A Resolution of the City Council of the City of Poway, California, Regarding Annual Designation of Inappropriate Areas for Second Dwelling 6885 Page 5 - CITY OF POWAY - March 21,2000 Units in Single Family Residential Zones and Rescinding Resolution No. 99-028." Motion carried unanimously. CITY MANAGER ITEMS 17. City Manager Bowersox announced that last Thursday evening at the Annual Meeting of the California Redevelopment Association, the City of Poway was one of ten recipients to receive a statewide award for the Park View Terrace project. ATTORNEY ITEMS 18. City Attorney Eckis advised Council that staff had taken the direction of the Redevelopment Agency and acquired the First Deed of Trust on the Big Stone Lodge. At 5 p.m. today the owner had brought his payments current, but would be informed that as the Lender, the City would expect payments on time and the property would be required to be maintained and brought into compliance with code. 18A. City Attorney Eckis requested that a Closed Session, Conference with Labor Negotiators per Government Code Section §54957.6, Agency Negotiator: James L. Bowersox, City Manager, Employee Organization Negotiator: Non Safety Employees Teamsters Local 911 (continued from the March 14, 2000 meeting, Item 16A) be held. 18B. City Attorney Eckis requested that a Closed Session, Conference with Labor Negotiators per Government Code Section §54957.6, Agency Negotiator: James L. Bowerso×, City Manager, Employee Organization Negotiator: Poway Firefighters Association, be held. MAYOR AND COUNCIL-INITIATED ITEMS 19A. Councilmember Emery requested and received concurrence from Council to have staff bring a report back regarding the use of compact parking spaces under the South Poway Specific Plan. 20. Councilmember Goldby noted that there were at least 60 young people in attendance at the Community Center to hear and participate in the skateboard park development presentation. 6886 Page 6 - CITY OF POWAY - March 21, 2000 21. Mayor Cafagna reminded those in attendance of the State of the City Address being held tomorrow evening, Wednesday, March 22 at 6:00 p.m. at the Poway Center for the Performing Arts. CLOSED SESSION Mayor Cafagna called for a closed session at 8:25 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 9:44 p.m. with all Councilmembers present. Upon motion by Councilmember Emery, seconded by Councilmember Rexford, Mayor Cafagna adjourned the meeting at 9:45 p.m. Lo~'i Anne Peoples, City Cl~rk City of Poway 6887