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CC 2000 10-31CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING OCTOBER 3'1, 2000 The October 31, 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 Robert Clark Niall Fritz Jim Howell Dennis Quillen Deborah Johnson Mark Sanchez Kim Carson Javid Siminou Patti Brindle Jim Bentz Kris Gridley Jennifer Johnson City Manager Deputy City Manager City Clerk City Attorney Director of Community Services Director of Development Services Director of Public Works Deputy Director of Public Works Director of Redevelopment Services Director of Safety Services Sheriff's Sergeant City Engineer City Planner Community Services Manager Redevelopment Project Administrator Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Higginson Led the Pledge of Allegiance. PRESENTATIONS Mayor Cafagna stated that the Employee Suggestion Award presentation was being continued to the November 14, 2000 meeting. Mayor Cafagna presented a Retirement Plaque to Park Ranger Jim Flake for his service to the City from July 18, 1988 to February 7, 2000. 7O75 Page 2 - CITY OF POWAY - October 31, 2000 PROCLAMATION Mayor Cafagna presented a Proclamation declaring November 8, 2000 as "World Town Planning Day" to City Planner, Patti Brindle. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. There was no one present wishing to speak. CONSENT CALENDAR Motion by Councilmember Goldby, seconded by Councilmember Rexford, to approve the Consent Calendar as follows: 7. Ratification of Warrant Register for the period of October 9-13, 2000. (401-10) Approval of Minutes - City Council October 3, 2000 - Regular Meeting October 10, 2000 - Regular Meeting 10. Adoption of Resolution No. P-00-86 - Approving Temporary Use Permit 00-101, Chamber of Commerce/Jim Baumann, Applicant: A Request for Approval to Hold the Poway Fall Fest 2000 Street Fair on Midland Road between Hilleary Road and Poway Road, Sunday, November 12, 2000 from 10:00 a.m. - 4:00 p.m. (203-07) 11. Adoption of Resolution No. 00-100 - Adopting the Fair Political Practice Commission's Standard Conflict of Interest Code 2 California Code of Regulations Section 18730 and Amending the List of Designated Positions and Rescinding Resolution No. 99-077; Resolution No. R-00-19- Adopting the Fair Political Practice Commission's Standard Conflict of Interest Code 2 California Code of Regulations Section 18730 and Amending the List of Designated Positions and Rescinding Resolution No. R-99-32; and Adopting Resolution No. 00-101 - Approving the Agency's Adoption of their Amended List of Designated Positions. (704-08) 12. Approval of Agreement with Dominy & Associates Architects and Appropriation of $117,300 for Architectural Services, Master Plan and Construction Document Preparation for the Blue Sky Ecological Reserve Education Center. (602-01 #1444) 13. Award of Bid for the Fire Station #1 Environmental Site Assessment Project to Kleinfelder, Inc. in the amount of $11,230. (602-01 #1445) Motion carried unanimously. 7076 Page 3 - CITY OF POWAY - October 31, 2000 ITEM I (203-21) SPECIFIC PLAN AMENDMENT 84-01W SOUTH POWAY SPECIFIC PLAN COMPACT PARKING STANDARD Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This item was continued from the October 17, 2000 meeting to allow staff time to revise the proposed resolution to allow in the LI, LI/S and IP areas a maximum of twenty percent of the total number of required parking spaces to be compact size and the remaining to be standard. If parking spaces in excess of the minimum required spaces are provided, then a maximum of 40% of the additional number of parking spaces that exceed the minimum required may be compact. The following person was present wishing to speak: Nevelle Bothwell, 3575 Kenyon Street, San Diego, Representing Tech Business Center LLC, suggested that the formula be modified to 20% for the first 2/1000 in both LI and IP zones and 40% in both zones beyond the 2/1000. Motion by Mayor Cafagna, seconded by Councilmember Rexford, to close the public hearing and adopt Resolution No. 00-102, entitled, "A Resolution of the City Council of the City of Poway, California Approving an Amendment to the South Poway Specific Plan to Modify the Compact Parking Standard Specific Plan Amendment (SPA 84-01W)" as amended to utilize the formula presented by Mr. Bothwell. Motion carried 4-1 with Councilmember Emery voting no. ITEM 2 (1002-01 R) ENVIRONMENTAL ASSESSMENT PROPERTY ACQUISITION POMERADO ROAD SOUTH OF TED WILLIAMS PARKWAY Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. Recently Caltrans provided notification to public agencies that it intends to sell the 19.275 acre excess right-of-way (DD 22481-01-02) located at Ted Williams Parkway and Pomerado Road. The City of Poway and the Palomar College District have first right of refusal for the property. This site has been identified by Palomar College as the preferred location for the Palomar College Southern Education Center. The College District does not have the authorization at this time to purchase the land. The Redevelopment Agency has at this time sufficient funds and is willing to purchase the parcel to continue to preserve the option for the College District or for potentially constructing sports fields or other public uses should the Education Center be developed in another location. 7077 Page 4 - CITY OF POWAY - October 31,2000 Caltrans had the parcel appraised and established a price of $480,000. This report recommends that the Redevelopment Agency purchase the property. 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 approve the purchase. Motion carried unanimously. ITEM 3 (401-30) CDBG ALLOCATION FOR FY 2001-2002 Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. The City of Poway received an annual allocation of Community Development Block Grant (CDBG) funds from the United States Department of Housing and Urban Development (HUD). This report proposes a program for the use of the 27th - year funding, and the hearing provides an opportunity for public input in accordance with CDBG Guidelines. Staff is recommending the allocation of $216,686 to: 1 ) Affordable Housing Assistance and Referral Program ($18,000); 2) CDBG Housing Rehabilitation Program ($90,000); 3) Public Street Access Ramps ($108,686); and requests authorization for the City Manager to execute contracts with the County of San Diego for Management and Implementation of the above project. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Deputy Mayor Higginson, to close the public hearing, allocate the $216,686 as recommended in the staff report and authorize the City Manager to execute contracts with the County of San Diego. Motion carried unanimously ITEM 4 (203-04/203-14 VARIANCE 00-15 DEVELOPMENT REVIEW 00-15 APPLICANT: L.A. WIEDERRICH Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. The applicant is requesting approval to construct a 1,386 square foot addition onto an existing 2,490 square foot chiropractic office building located at 14103 Poway Road within the Automotive General Commercial zone. The applicant is also requesting a variance approval to allow 17 parking spaces to be provided for the development when 20 spaces are required according to the Poway Municipal Code. 7078 Page 5 - CITY OF POWAY - October 31, 2000 The following people were present wishing to speak: Pauline Conde, 13047 VVelton Lane, spoke in opposition. Hans Wiederrich, 14103 Poway Road, spoke in support. Don Patch, 14005 Midland Road, spoke in support. Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the public hearing and adopt Planning Resolution No. P-00-87, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 00-15 and Development Review 00-15 Assessor's Parcel Number 323-270-16." Motion carried 3-2 with Mayor Cafagna and Deputy Mayor Higginson voting no. Councilmember Goldby stated he misunderstood the motion and requested reconsideration of the item. Motion by Deputy Mayor Higginson, seconded by Councilmember Goldby, to reopen the public hearing and reconsider the item. Motion carried unanimously. Motion by Deputy Mayor Higginson, seconded by Councilmember Goldby, to close the public hearing and adopt Planning Resolution No. P-00-87, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 00-15 and Development Review 00-15 Assessor's parcel Number 323-270-16" as amended to include the keeping of the two existing perpendicular parking spaces located on the easterly side of Welton Lane along the street frontage, to be posted as employee only parking. Motion carried 4-1 with Councilmember Emery voting no. ITEM 5 (203-11) GENERAL PLAN AMENDMENT 00-03 INITIATION TRANSPORTATION ELEMENT MIDLAND ROAD BETWEEN AUBREY AND HILLEARY Staff report by City Manager Bowersox. This is a City-initiated request to amend the street classification of Midland Road between Aubrey Street and Hilleary Place from an arterial collector to a local collector and to delete Sycamore Canyon Road between Scripps Poway Parkway and Poway Road from the Transportation Element. Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford, to adopt Resolution No. 00-103, entitled, "A Resolution of the City Council of the City of Poway, California Initiating General Plan Amendment 00-03." Motion carried unanimously. 7079 Page 6 - CITY OF POWAY - October 31,2000 ITEM 6 (1163-01) REPORT RESIDENTIAL PARKING PERMIT PROCESS Staff report by City Manager Bowersox. At the meeting of October 3, 2000, Council requested a report on the establishment of a Residential Parking Permit Program for residential areas that are in close proximity to commercial areas. The proximity of some residential neighborhoods to the commercial properties on Poway Road has resulted in complaints from residents with regard to employees and customers parking on residential streets. In addition, the City has received complaints from residents near Poway High School, with regard to students parking in residential areas. The establishment of a residential parking permit would allow the Sheriff's office to ticket cars that do not have the necessary permit and, therefore, discourage the use of residential streets for overflow parking. Consensus of Council was for staffto work with the Sheriff's department on enforceability issues and bring back a draft policy for Council review. CITY ATTORNEY ITEMS 15. City Attorney Eckis announced that he had entered the City into an Amicus Brief in regards to a Simi Valley, adult entertainment case. The adult entertainment had applied for permits, but had not been approved. Cities have not considered rights to be vested at the application stage, but only once approved. In this case, a Court ruled that the applicant had vested rights at the time of application. MAYOR AND CITY COUNCIL-INITIATED ITEMS 18. Deputy Mayor Higginson requested and received Council concurrence on the appointment of Anthony Pagano to the Parks and Recreation Committee.(701-09) 19. Councilmember Rexford requested and received concurrence on the appointment of Steven Boyack to the Parks and Recreation Committee. (701-09) ADJOURNMENT Mayor Cafagna adjourned the meeting Higginson, seconded by Councilmember Rexford. -~or~ ~nne Peoples, City Cl~rk City of Poway at 7:50 p.m. on motion by Deputy Mayor 7080 NOTICE NOTICE IS HEREBY GIVEN THAT THE OCTOBER 31, 2000, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: ORDER OF ADJOURNMENT Upon motion by Deputy Mayor Higginson, seconded by Councilmember Rexford, Mayor Cafagna ordered the meeting adjourned to Thursday, November 2, 2000 at 6:00 p.m. in the Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 7:50 p.m. Lori~Anne Peoples, City ~;~rk Dated: November 1, 2000 CERTIFICATION The undersigned does hereby certify under penalty of perjury, that a copy of the above notice was posted on or near the door of the City Council Chambers, the place designated for regular meetings of the City Council at approximately 4:00 p.m. Dated at Poway, California, on November 1, 2000 ~'6r~Anne ~-eoples, City Cl~rk - N://cityllegis/cityclddagendalc-adjnot.doc