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CC 2008 12-02 City of Poway, California Minutes of the City Council Meeting Regular Meeting December 2, 2008 The December 2, 2008, 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: Mickey Cafagna, Bob Emery, Don Higginson, Betty Rexford, Merrilee Boyack Staff Members Present: Rod Gould City Manager Penny Riley Assistant City Manager Lisa Foster City Attorney Linda A. Troyan City Clerk Robert Manis Director of Development Services Robert Clark Director of Community Services Kevin Haupt Director of Public Works Tina White Director of Administrative Services Kevin Kitch Division Chief/Fire Marshal Todd Frank Sheriff's Captain Frank Casteleneto City Engineer Patti Brindle City Planner Jason Martin Senior Planner Kristen Crane Water Conservation Specialist Ingrid Alverde Housing Program Manager Tony Winney Senior Management Analyst PledQe of Alleqiance: Deputy Mayor Emery led the Pledge of Allegiance City Councilmember Announcements: Poway Bob Restaurant Review. Deputy Mayor Emery reviewed the following restaurants: Kountry Kafe, Hamburger Factory and Cully's Restaurant. Pet of the Week by Councilmember Rexford. Councilmember Rexford introduced Luke, a two year old Labrador Retriever Mix, who is awaiting adoption at the Escondido Humane Society The Adoption Counselor can be reached at (760)888-2247 9116 Page 1 www.powav.orq City of Poway Minutes- December 2, 2008 Presentations Councilmember Rexford, presented a Certificate of Recognition to Mike Fry, Parks and Recreation Advisory Committee Member Fire Captain Kevin Hitchcock presented Certificates to the Fall 2008 Community Emergency Response Team (CERT) Graduating Class Mayor Cafagna presented a Certificate of Appreciation to Joe Balding for dedicated service to the Redevelopment and Housing Advisory Committee. Deputy Mayor Bob Emery presented a Certificate of Recognition to Norm Elder (writer of the Poway song) Public Oral Communications Tom Farley, gave a video presentation of the annual lighting of the Christmas tree on the hill. Julie Turigliatto, Art Whitten, Carol Funk, Devor Garrison, and Colleen Moore, spoke in opposition of the new City directional signs Consent Calendar - Notice to Public Motion by Councilmember Rexford and seconded by Councilmember Higginson, to approve the Consent Calendar items 9 through 11. Motion carried unanimously. 9 Ratification of Warrant Register for the Period of October 27 through October 31,2008 and November 3 through November 7,2008 (0475-20) 10 Approval of a Time-Extension of the Standard Agreement for Construction of Public Improvements, Tentative Parcel Map (TPM) 05-01, from August 15, 2008 to August 15, 2010; Lawrence Moderno, Applicant. The subject properties are located on Eastvale Road, APN Nos. 278-240-38, 39 and 40 (0200-50) 11 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 415ths vote) (0320-30) 9117 Page 2_ www.powav.orq City of Poway Minutes- December 2, 2008 Continued Public HearinQs: 1 Ordinance No 682 - Second Reading, Entitled. "An Ordinance of the City of Poway, California, Repealing Ordinance No 408 and Enacting Chapter 8 94 of the Poway Municipal Code Entitled, 'Water Conservation Plan' " (0930-10) Speaking in Opposition. Mike Fry Speakers with Neutral Position. Marge Knothe, Tom Knothe Motion by Deputy Mayor Emery and Seconded by Councilmember Boyack to close the public hearing; waive further reading; and adopt Ordinance No. 682 by a roll call vote. Motion carried unanimously. Public HearinQs: 2. Ordinance No 683 - First Reading, Entitled "An Ordinance of the City of Poway, California, Amending Chapters 502, 504, 508, 512, 516, 5.24, 5.28, 5 32, 540, 544, 548, 568, 572, 6 16, 6.24, 808, 856, 860, 888, 948,1052,12.08,12.12,12.16,12.24,12.38,12.40,13 08,13.20,1505, 15.24,1610,1611,16.43,1648,1650,1654,1662 and 1745, All Related to User Fees and Deleting Chapters 5.20, 536, 552, 566, 812, 908 and 9 32." (0490-15) Speakers. None Motion by Deputy Mayor Emery and Seconded by Councilmember Boyack to waive further reading of the Ordinance; and continue the public hearing to December 16, 2008 for second reading and adoption of the Ordinance. Motion carried unanimously. 3 Ordinance No 684 - First Reading, Entitled: "An Ordinance of the City of Poway, California, Adopting Updated Development Impact Fees for Sewer System Capacity and Water System Connection," and adoption of a Resolution, Entitled, "A Resolution of the City Council of the City of Poway, California, Adopting Updated Development Impact Fees for Traffic Mitigation, Park In-Lieu, Housing In-Lieu, and Habitat Mitigation and New Impact Fees for Fire Protection." (Requires a 2/3rds vote) (0490-15) Bob Manis, Director of Development Services, reported on the item. Speakers in Opposition. Jerry Hargarten, Bruce Tarzy, Joe Sl. Lucas, Sue Herndon, Tom Scott, Chuck Cross, and Scott Molloy and Matt Adams representing the Building Industry Association. 9118 Page 3 www.powav,orq - City of Poway Minutes- December 2, 2008 Motion by Deputy Mayor Emery and Seconded by Councilmember Higginson, to waive further reading of the Ordinance; and continue the public hearing to December 16, 2008 for second reading and adoption of the Ordinance. Motion carried unanimously. Motion by Deputy Mayor Emery and Seconded by Councilmember Higginson, to adopt Resolution No. P-08-36 updatng the development impact fees for traffic, parks, habitat mitigation and housing and adopting a new development impact fee for fire protection. Motion carried 3-2 with Councilmembers Rexford and Boyack voting "no" opposing the affordable housing fee component. 4 Adoption of a Resolution Establishing a Master Fee Schedule for 2009 (0490-15) Speakers in Opposition Kari Nietz-Gigstal submitted a speaker slip but was not present. Mark Beauchamp and Niall Fritz, representatives from ESGIL, were in the audience available for questions. Motion by Deputy Mayor Emery and Seconded by Council member Boyack, to Adopt Resolution No. 08-083, entitled, "A Resolution of the City Council of the City of Poway, California, adopting a Master Schedule of Fees," and 08-084, entitled, "A Resolution of the City Council of the City of Poway, California, Amending the Development Services Building Division Fee Schedule and Rescinding Ordinance No. 638," and 08-085, entitled, "A Resolution of the City Council of the City of Poway, California, Declaring Property Owners Affected by the Witch Creek Fire to be eligible for Certain Permit Fee Waivers and Reductions, and Rescinding Resolution No. 08-073." Motion carried unanimously. 5 Approval of Minor Conditional Use Permit (MCUP) 08-01 and Minor Development Review Application (MDRA) 08-27, Oleg Agamirzoyan, Applicant. A request for approval to install tennis court lights and to construct a 4,998-square-foot, two-story, single-family residence, with an attached 744-square-foot garage, a 625-square-foot detached pool house, and a tennis court on a vacant 5 79-acre parcel on Mina De Oro Road, located in the rural residential a zone (RR-A) APN: 321-110-31 (0210-50) Submitted Speaker Slip in Support but not wishing to Speak: Oleg Agamirzoyan. 9119 Page 4 www,powaV.orq City of Poway Minutes- December 2, 2008 Motion by Deputy Mayor Emery and Seconded by Councilmember Boyack, to Adopt Resolution No. P-08-32 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Minor Conditional Permit 08-01 and Minor Development Review Application 08-27 Assessor's Parcel Number 321-110-31." Motion carried unanimously. Council consensus to discuss Item 16A at this time Mavor and City Council-Initiated Items: 16 BETTY REXFORD A. Naming of the Poway Dog Park after Bob Burkhardt. Submitted Speaker Slip in Support but not wishing to Speak: Jerry Cisinsky, Lani Smith, Bob Grosbeck, DeAnne Erickson, Barbara Novernber, Lynne Moore Motion by Councilmember Rexford seconded by Deputy Mayor Emery to approve the Honorary Naming of the Poway Dog Park after Bob Burkhardt. Council thanked members of the audience for coming to tonight's meeting showing support for the naming of the dog park. Lani Smith was referred to staff concerning the naming on the signs Staff Report: 6 Approval of Development Review (DR) 08-03, Hunt Douglas Real Estate, Applicant. A proposal to construct an approximate 13,500-square-foot retail commercial building, with 46 onsite parking spaces on the approximate one-acre site located at the northwest corner of Poway Road and Community Road APN Nos 317-101-16 and 17 (0200-20) Speaking in Support: Jerry Brannon. Speaking in Opposition: James Kreifeldt, Dee Fleischman Speakers with Neutral Position. Joe St. Lucas. Motion by Deputy Mayor Emery and Seconded by Council member Rexford, to Adopt Resolution No. P-08-033 Entitled, "A Resolution of the City Council of the City of Poway, California, Approving Development Review 08-03 APNs: 317-101-16 and 17." Motion carried unanimously. 9120 Page 5 WWW.POWay.orq City of Poway Minutes- December 2, 2008 7 An Appeal of the Approval of Minor Development Review Application (MDRA) 08-19WCF, Len Holyk and Barbie Accordino, Appellants, Steve Baumann and Debbie Thorpe, Applicants A proposal to construct a 2,721-square-foot, two-story replacement residence, with an attached two- car garage and a detached deck, on a Witch Creek Fire impacted property located at 17754 St. Andrews Drive, within the Residential Single Family 4 zone (RS-4) APN: 273-122-02 (0200-20) Speaking in Opposition to the Appeal Debbie Thorpe, Rev Stephen Albert. Speaking in Support of the Appeal: Len Holyk and Barbie Accordino Motion by Councilmember Higginson and Seconded by Councilmember Rexford, to Adopt Resolution No. P-08-34, Entitled, "A Resolution of the City Council of the City of Poway, California, Denying an Appeal and Upholding the Approval of Minor Development Review Application (MDRA) 08-19WCF Assessor's Parcel Number 273-122-02." Motion carried unanimously. 8 An Appeal of the Approval of Minor Development Review Application (MDRA) 08-24, Steve and Val Spooner Appellants/Owners. An Appeal of several of the Engineering conditions of approval on the demolition of the existing single-family residence and construction of a new single-family residence and associated site improvements. The subject 2.62-acre property is located at Eastvale Road, in the Rural Residential 82 zone (RR-B2) APN' 278-301-10 (0200-20) This item was continued to December 16, 2008. Adiournment The meeting adjourned at 9:53 p.m. , ./ - 9121 Page 6 www.powaV.orq