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CC 2001 11-27CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING NOVEMBER 27, 2001 The November 27, 2001, 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 Shafer Robert Clark Niall Fritz Jim Howell Deborah Johnson Bob Krans John Tenwolde Javid Siminou Patti Brindle Jason Martin Dennis Quillen David Narevsky Pamela Wilczak Jennifer Johnson City Manager Deputy City Manager City Clerk City Attorney Director of Administrative Services Director of Community Services Director of Development Services Director of Public Works Director of Redevelopment Services Division Chief Sheriff's Captain City Engineer City Planner Senior Planner Assistant Director of Public Works Redevelopment Manager Housing Program Manager Senior Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Goldby led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following person were present wishing to speak: 74O5 Page 2 - CITY OF POWAY - November 27, 2001 Cheryl Roddy, 17759 Valle Verde Road, thanked Council for their work with the Poway Unified School District on the boundary issues. Katie Roddy, Amber Richter and Maddie Nester, representing Poway Pop Warner Cheerleaders, thanked Council for their work with the Poway Unified School Distdct on the boundary issue and presented them each with a tray of homemade cookies. Katie Chludzinski, 11706 Treadwell Drive, thanked Council for their work with the Poway Unified School District on boundary issues and presented them each with a long stem red rose. Susan Conniry, 12061 Wildcat Canyon Road, thanked Council for their support of the Coyote Youth Project at the Poway Unified School District. Ken Gamble, 19510 Laurel Lane, Ramona, spoke regarding a vehicle purchase by a Darcy Clemons at Perry Ford. Mario Lopez, General Sales Manager of Perry Ford, responded regarding comments made by Mr. Gamble. CONSENT CALENDAR Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to approve the Consent Calendar as follows: 15. Ratification of Warrant Register for the periods of October 29 to November 2, 2001, and November 5 to 9, 2001. (401-10) 16. Approval of Minutes - City Council October 23, 2001 - Regular Meeting October 30, 2001 - Regular Meeting 18. Approval of New Job Classification and Immediate Recruitment of a Non-Sworn Position of Fire Prevention Specialist. (503-03) 19. Approval of a Consultant Agreement Between the City of Poway and Darnell & Associates, Inc. for Inspection Services for Fiscal Year 2001-2002. (602-01 #1505) 20. Approval of Cost Sharing Agreement with the County of San Diego for Professional Services and Permit Fees for Wet Weather Monitoring. (602-01 #1506) 7406 Page 3 - CITY OF POWAY - November 27, 2001 21. Acceptance of the Trail Fencing Capital Improvement Project (Phase II) from Harbor Bay, Inc. (602-01 #1408) 22. Acceptance of Update on the City of Poway's Annual Report to the California Integrated Waste Management Board. (1502-39) 23. Approval of Agreement with Brady & Associates for Professional Design and Construction Management Services for the Ammonia Feed System Improvement Project. (602-01 #1507) 24. Approval of Additional Funding for the Hillside Village Development. (203-21) Motion carried unanimously. ITEM 1 (701-04) ORDINANCE NO. 548/SECOND READING CLAIMS AGAINST THE CITY Mayor Cafagna opened the public hearing and read the title of Ordinance No. 548, "An Ordinance of the City of Poway, California, Adding Chapter 1.18 to Title 1 and Amending Sections 3.08.060 and 3.16.120 of Title 3 of the Poway Municipal Code Relating to Claims Against the City." Staff report by City Manager Bowersox. Council held first reading of this ordinance on November 13, 2001, which would subject all claims against the City to the same claims procedure and a one-year statute of limitations as set forth in the Tort Claims Act. There was no one present wishing to speak: Motion by Councilmember Emery, seconded by Deputy Mayor Goldby, to waive further reading. Motion carried unanimously. Motion by Councilmember Emery, seconded by Councilmember Higginson, to close the public and adopt Ordinance No. 548. Motion carried 4-1 with Deputy Mayor Goldby voting "no." ITEM 2 (701-04) ORDINANCE NO. 549/SECOND READING SLOPE CALCULATIONS Mayor Cafagna opened the public hearing and read the title of Ordinance No. 549, "An Ordinance of the City of Poway, California, Amending Section 17.08.170.A.3 of the Poway Municipal Code Pertaining to Slope Calculation (ZOA 01-05)." Staff report by City Manager Bowersox. Council held first reading of this ordinance on November 13, 2001, which would amend the Poway Municipal Code to incorporate by reference standards and procedures regarding slope calculation. 7407 Page 4 - CITY OF POWAY - November 27, 2001 Motion by Councilmember Emery, seconded by Deputy Mayor Goldby, to waive further reading. Motion carried unanimously. Motion by Councilmember Emery, seconded by Councilmember Rexford to close the public hearing and adopt Ordinance No. 549. Motion carried 4-1 with Deputy Mayor Goldby voting "no." Mayor Cafagna requested Item 9, a companion item to Item 2 be heard at this time. ITEM 9 (203-09) SLOPE CALCULATION STANDARDS Staff report by City Manager Bowersox. This Resolution was continued from the City Council meeting of November 13, 2001. It is in conjunction with proposed Zoning Ordinance Amendment 01-05, which would amend Section 17.08.170 A.3. of the Poway Municipal Code to incorporate by reference standards and procedures regarding slope calculation. Motion by Councilmember Emery, seconded by Councilmember Rexford, to adopt Resolution No. 01-103, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Slope Calculation Standards and Procedures." Motion carried 4-1 with Deputy Mayor Goldby voting "no." ITEM 3 (701-04) ORDINANCE NO. 550/FIRST READING GRADING/CLEARING VIOLATIONS Mayor Cafagna opened the public hearing and read the title of Ordinance No. 550, "An Ordinance of the City of Poway, California, Adding Prohibitions and Penalties to Title 16 of the Poway Municipal Code for Grading and Clearing Violations." Introduction by City Manager Bowersox. Staff report by Development Services Director Fritz. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Deputy Mayor Goldby, to waive further reading. Motion carried unanimously. Motion by Councilmember Emery, seconded by Councilmember Higginson, to continue the public hearing to December 11, 2001 for second reading and adoption. Motion carried 4-1 with Deputy Mayor Goldby voting "no." ITEM 4 (203-08/203-14) CONDITIONAL USE PERMIT 80-15M(2) MODIFIED DEVELOPMENT REVIEW 01-09 APPLICANTS: T.E. MCNICOL 7408 Page 5 - CITY OF POWAY - November 27, 2001 Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff report by Development Services Director Fritz. This is a request to modify the existing CUP and DR Permit to remodel and expand the existing Sikh Foundation Temple located at 12269 Oak Knoll Road by 392 square feet to 5,192 square feet, add a new 4,752 square-foot two-story multipurpose building and add a new 455 square-foot garage. There was no one present wishing to speak. Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to close the public hearing and adopt Planning Resolution No. P-01-60, entitled, "A Resolution of the City Council of the City of Poway, California, Approving a Modification to Major (Conditional) Use Permit 80-15M92), Approving Development Review 01-09 and Rescinding the Decision to Approve Resolution P-01-19 Dated may 1, 2001 Assessor's Parcel Number 317-152-02." Motion carried unanimously. ITEM 5 (203-13/401-13/1002-01 R) ENVIRONMENTAL ASSESSMENT APPROPRIATION OF FUNDS LAND ACQUISITION - 2.44 ACRES - MIDLAND RD. OLD POWAY VILLAGE, LLC Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. The Poway Redevelopment Agency was contacted by Kevin McNamara, Managing Member of Old Poway Village LLC, who indicated that several of their parcels in the Old Poway Park area were available for sale. The property is zoned Commercial General and totals approximately 2.44 acres (106,200 square feet). The purchase price is $405,000 for the parcels located on the east side of Midland Road and $12 per square foot for the parcels located on the west side of Midland Road. The east properties total 76,500 square feet x $12 per square foot equals $918,000. An appraisal and analysis is on file that justifies the purchase price. There was no one present wishing to speak. Motion by Deputy Mayor Goldby, seconded by Councilmember Rexford, to close the public hearing, appropriate $1,450,000 for the property purchase and authorize the City Manager to execute and sign a purchase and sale agreement in a form approved by the City Attorney. Motion carried unanimously. ITEM 6 (203-10/203-04) VARIANCE 01-01 MINOR DEVELOPMENT REVIEW 01-08 APPLICANTS: SANDY AND ERNEST JENSEN 74O9 Page 6 - CITY OF POWAY - November 27, 2001 Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 2,680 square-foot, two-story, single-family residence and an attached 812 square-foot garage on a vacant 1.33 acre property at 13814 Belvedere Drive. A variance is requested to allow a 25 foot front yard setback when a 40 foot front yard setback is required and to allow a series of three retaining walls on both sides of the proposed residence when a maximum of two retaining walls are allowed. Development Services Director Fritz responded to questions of the Council. There was no one present wishing to speak. Motion by Mayor Cafagna, seconded by Deputy Mayor Goldby, to close the public headng and adopt Planning Resolution No. P-01-61, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Variance 01-01 and Minor Development Review 01-08 AssessoFs Parcel Number 323-010-16." Motion carried 3-2 with Councilmembers Emery and Rexford voting "no." ITEM 7 (203-13/203-10) ENVIRONMENTAL ASSESSMENT MINOR DEVELOPMENT REVIEW 01-60 APPLICANTS: DREW PETERSON & SHAWNEE WOOD Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 2,287 square-foot, single-family residence on a vacant lot located in the 14800 block of High Valley Road. There was no one present wishing to speak. Motion by Deputy Mayor Goldby, seconded by Mayor Cafagna, to close the public hearing, approve the Mitigated Negative Declaration and adopt Planning Resolution No. P-01-62, entitled, "A Resolution of the City Council of the City of Poway, Califomia Approving MDRA 01-60 Assesso(s Parcel Number 321-100-25." Motion carried unanimously. ITEM 8 (203-13/203-11 ) ENVIRONMENTAL ASSESSMENT GENERAL PLAN AMENDMENT 01-03 APPLICANT: CITY OF POWAY Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is an amendment to the text of the Poway General Plan to allow fire stations in Rural Residential and Open Space zones to be built on property having natural slopes in excess of 10 percent. Approval of the amendment is conditioned upon voter approval as required by Proposition FF adopted in 1988. 7410 Page 7 - CITY OF POWAY - November 27, 2001 There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Deputy Mayor Goldby, to close the public hearing and adopt Resolution No. 01-102, entitled, "A Resolution of the City Council of the City of Poway, California, Amending the General Plan to Allow Fire Stations on Property Having a Natural Slope in Excess of 10 Percent GPA 01-03." Motion carried unanimously. Mayor Cafagna requested Item 10 be heard at this time as it is a companion item to Item 8. ITEM 10 (702-02) SPECIAL ELECTION MARCH 5, 2002 BALLOT MEASURE FIRE STATIONS ON SLOPES IN EXCESS OF TEN PERCENT Staff report by City Manager Bowersox. On November 13, 2001, Council directed staff to prepare the documents necessary to call a special election for the purpose of submitting to the voters a measure to amend the General Plan to allow fire stations to be built on property having a natural slope in excess of ten percent. Motion by Councilmember Emery, seconded by Deputy Mayor Goldby, to adopt Resolution Nos. 01-104, entitled, "A Resolution of the City Council of the City of Poway, California, Calling and Giving Notice of the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2002, for the Submission to the Voters a Question Relating to Amending the General Plan to Allow Fire Stations on Property Having a Natural Slope in Excess of Ten Percent," Resolution No. 01-105, entitled, "A Resolution of the City Council of the City of Poway, California, Requesting the Board of Supervisors of San Diego County to Consolidate a Special Municipal Election to be Held on March 5, 2002, with the Statewide Primary Election to be Held on that Date Pursuant to Section 10403 of the Elections Code," Resolution No. 01-016, entitled, "A Resolution of the City Council of the City of Poway, California Authorizing the Filing of Written Arguments Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis," Resolution No. 01-107, entitled, "A Resolution of the City Council of the City of Poway, California, Providing for the Filing of Rebuttal Arguments for a City Measure Submitted at a Municipal Election," and Resolution No. 01-108, entitled, "A Resolution of the City Council of the City of Poway, California, Submitting to the Qualified Electors of the City, a Measure Amending the General Plan to Allow Fire Stations on Property Having a Natural Slope in Excess of Ten Percent." Motion carried unanimously. ITEM 11 (203-21) UPDATE SCRIPPS TRIDENT PLAZA (SPA 84-01KK) (TPM 97-08, CUP 97-08, CUP 97-09, DR 97-34) 7411 Page 8 - CITY OF POWAY - November 27, 2001 Staff report by City Manager Bowersox. At their meeting of September 18, 2001, Council directed staff to report back on the status of code compliance issues involving Scripps Trident Plaza. On-going compliance issues relate primarilyto landscaping and signage. At the time of the writing of the staff report, nearly all of the issues had been resolved. The only remaining issues are the landscaping on the slope behind Scripps Trident Plaza and revegetation of a lot within Rolling Hills Estates. Development Services Director Fritz provided an update to the report and responded to questions of the Council. The following person was present wishing to speak: Doug Brown, 11769 Treadwell Drive, spoke in support of staff recommendation. Motion by Councilmember Emery, seconded by Councilmember Rexford, to receive and file the report. Motion carried unanimously. Mayor Cafagna left the Council Chambers. ITEM 12 (504-05) PUBLIC WORKS REORGANIZATION PHASE III MAINTENANCE OPERATIONS Staff report by City Manager Bowersox. This is Phase III of a reorganization plan for the Public Works Department. In order to improve the efficiency of the City's maintenance operations functions, staff recommends a change in the Shop Clerk position from part-time to full-time, the addition of a Facilities Maintenance Technician, and approval of a new Parks Maintenance Coordinator. Motion by Councilmember Higginson, seconded by Councilmember Emery, to adopt staff recommendation. Motion carried 4-0 with Mayor Cafagna absent. ITEM 13 (1180-05) STATUS REPORT DOMESTIC VIOLENCE COUNSELING PROGRAM Staff report by City Manager Bowersox. In January 1997, Council approved the initiation and funding of two distinct family service programs and a staff development workshop provided through For Parents' and Kids' Sake. This report provides an overview of the implementation of the programs and recommends continued funding. No objection as filed. 7412 Page 9 - CITY OF POWAY - November 27, 2001 Mayor Cafagna returned to the Council Chambers. ITEM 14 (1503-02) UPDATE SANDAG2020 GROVVTH FORECAST Staff report by City Manager Bowersox. Council was scheduled to review the SANDAG's Region 2020 Smart Growth Program on November 13, 2001. The item was continued to this evening to allow staff time to respond to Council questions. The staff report outlined SAN DAG's Smart Growth principles and how Poway has, or proposes to, implement these principals. A Poway resolution adopting the Smart Growth principles was attached for Council consideration. Motion by Councilmember Emery, seconded by Deputy Mayor Goldby, to adopt Resolution No. 01-109, entitled, "A Resolution of the City Council of the City of Poway, California, Supporting Region2020 Smart Growth in the San Diego Region. Motion carried unanimously. ClTY MANAGERITEMS 25. City Manager Bowersox stated he would yield to Councilmember Emery's item. MAYOR AND CITY COUNCIL-INITIATED ITEMS 27A. Councilmember Emery requested and received Council concurrence to have staff review the City ordinance regarding restaurants being allowed to barbecue outdoors. 27B. Councilmember Emery requested and received Council concurrence to direct staff to explore the possibilities of establishing an Adopt-A-School Program for Valley School. 27C. Councilmember Emery provided an update on the City Council and Poway Unified School District Joint Subcommittee meetings. ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:15 p.m. upon motion by Councilmember Higginson, seconded by Councilmember Emery. 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