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CC 2003 05-20CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MAY 20, 2003 The May 20, 2003, 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 Poway Community Library - Meeting Room, 13137 Poway Road, Poway, California. COUNClLMEMBERS PRESENT Bob Emery, Jay Goldby, Don Higginson, Mickey Cafagna COUNCILMEMBERS ABSENT Betty Rexford STAFF MEMBERS PRESENT James Bowersox Penny Riley Tamara Smith Lori Anne Peoples Robert Clark Niall Fritz Dennis QuiJlen Mark Sanchez Linda Barnett Javid Siminou Patti Brindle Scott Edwards Paolo Romero City Manager Deputy City Manager Assistant City Attorney City Clerk Director of Community Services Director of Development Services Assistant Director of Public Works Director of Safety Services Sheriff's Captain City Engineer City Planner Sr. Management Analyst Intern - City Manager's Office PLEDGE OF ALLEGIANCE C 3er Goldby led the Pledge of Allegiance. PRESENTATION Mayor Cafagna presented a Certificate of Recognition to Poway High School Librarian Barbara Nobdga. Mayor Cafagna presented a check of $500 to Sara Lewis, Grad Night Chairperson, for Abraxas High School's Grad Night 2003. 7829 Page 2 - CITY OF POWAY - May 20, 2003 PROCLAMATION Mayor Cafagna presented a Proclamation declaring May 2003 as "National Amyotrophic Lateral Sclerosis A Month" to Noah Rosenblatt & Charisse Hilderbrand. Mayor Cafagna presented a Proclamation declaring May 18-24, 2003 as "National Public Works Week" to Public Works Deputy Director Quillen. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral C lions. Th present wishing to speak. CONSENT CALENDAR Motion by C 3er Goldby, seconded by C the Consent Calendar as follows: 3er Emery, to approve 6. Ratification of Warrant Register for the Period of April 21-25, 2003. (401-10) Appropriation of Funding in the amount of $16,832 for Safety Services equipment expenditures of which $16,832 will be repaid from the Domestic Preparedness Equipment Program Grant. (401-30) Award of Bid for the Community Road Widening Project-Phase II (#1280) to McLaughlin Engineering & Mining in the amount of $3,946,845. (602-01 #1613) Award of Bid for Furnishing and Delivery of Pre-cast Reinforced Concrete Box Sections for the Community Road Widening Project Phase II to Hydro Conduit Corporation dba Rinker Materials Corporation, in the amount of $340,177.85. (602-01 #1614) Furnishing and Delivery of Pre-cast Reinforced Concrete pipe to Rialto Concrete Products, Inc., in the amount of $161,020.00. (602-01 #1616) It is additionally tied that the City Council appropriate $1,200,000. 10. Approval of Agreement for P Services with Rick Engineering Company in the amount of $8,160 (Poway's share) to provide quality control inspections to monitor the work of the traffic signal and street light contractor, Peek Signal M Inc. (SMI). Agreement shared equally by the five Cities of El Cajon, La Mesa, Lemon Grove, Poway and Santee. (602-01 #1615) 7830 Page 3 - CITY OF POWAY - May 20, 2003 11. Adoption of Resolution No. 03-035, entitled, "A Resolution of the City Council of the City of Poway, California Ordering the Expansion of Poway Landscape Maintenance District 86-1 and City of Poway City Lighting District, Zones A and C with the Annexation of APN 277-080-12-00 with written Consent of Property Owner, Property Description: Section 20-13-W*NWQ* (EX D73-208748 & 74- 220807) PAR 1 PM," Kennedy Family Trust, Owner. (705-09/705-10) 12. Acceptance of the Lake Poway Electric Gate Project from Southern Electronic Innovations, Inc. (602-01 #1567) 13. Adoption of Resolution Nos. 03-036, 03-037, 03-038, 03-039, 03-040 Commending Eagle Scouts Cloyd Jesse Bedke, Jr., Benjamin David Brunson, Jordan Kelly Burt, Peter Higgins Dahlquist, and Albert James Ingrain. (701-17) Motion carried 4-0 with Deputy Mayor Rexford absent. ITEM I (701-04/1160-01 ) ORDINANCE NO. 577/FIRST READING AMENDING POWAY MUNICIPAL CODE CHAPTER 10.36 TIERRA BONITA ROAD AT IPAVA DRIVE AND DONART DRIVE MID-BLOCK CROSSWALK & ALL WAY STOP CONTROLS Mayor Cafagna opened the public hearing and read the title of Ordinance No. 577, "An Ordinance of the City of Poway, California, Amending Poway Municipal Code Chapter 10.36 to Create Two Mid-block Crosswalks" and consideration of Ali-Way Stop Controls on Tierra Bonita Road at Ipava Drive and Donart Drive. Staff report by City Manager Bowersox. Residents on Tierra Bonita Road have expressed concerns regarding vehicles that are traveling at high rates of speed. They are also concerned about equestrian safety, and feel that existing roadway conditions place riders too close to motorists who do not adjust their driving habits in the presence of horaes. The Traffic Safety Committee :Is installation of edgeline striping of Tierra Bonita Road, "two mid-block crosswalks on Tierra Bonita Road, and creation of all-way stop controls on Tierra Bonita Road at Ipava Drive and Donart Drive. The following people were present wishing to speak: Noela Monffort, 14025 Tierra Bonita Road, spoke in support of the proposed crosswalks and stop controls but in opposition to the proposed striping. Pat Cook, 14116 Donart Drive, spoke in opposition to the proposed :Iations. 7831 Page 4 - CITY OF POWAY - May 20, 2003 Robert Coates, 12710 Roca Grande, representing the Poway Valley Riders Association, spoke in support of the proposed :lations. Ann Laux, 12710 Roca Grande, spoke in support of the proposed :lations. Karen Cote, 14000 Donart Drive, spoke in support of the proposed 'lations. Motion by C 3er Emery, seconded by C her Higginson, to adopt Resolution No. 03-04, entitled, "A Resolution of the City Council of the City of Poway, California, Establishing All-Way Stop Controls at Tierra Bonita Road and Ipava Drive and at Tierra Bonita Road and Donart Drive," waive further reading ( vote) and continue the public hearing to June 3, 2003 for second reading and adoption of the ordinance. Motion carried 4-0 with Deputy Mayor Rexford absent. ITEM 2 (701-04 #578/701-04 ¢N56) ORDINANCE NO. 578/FIRST READING AMENDING SECTION 17.08.180 SECOND DWELLING UNITS ZONING ORDINANCE AMENDMENT 03-02 Mayor Cafagna opened the public hearing and read the title of Ordinance No. 578, "An Ordinance of the City of Poway, California, Amending Section 17.08.180 of the Poway Municipal Code Pertaining to Second Dwelling Units in Residential Zones (Zoning Ordinance Amendment 03-02)." Staff report by City Manager Bowersox. The proposed Ordinance would amend the Poway Municipal Code processing requirement for second dwelling units, in response to the recently adopted AB 1866. The new law prohibits the City from using any type of discretionary review or conducting a public hearing for second dwelling units. The City Attorney has advised that the City's current code must be modified to eliminate the Conditional Use Permit and public hearing requirement in order to comply with State law. The proposed Ordinance changes only the procedure through which second dwelling units are established and not the development/performance standards for second dwelling units or the limitations on where these units can be located. The following present wishing to speak: Louis Tooch, 14105 Powers Road, inquired as to whether this had any effect on Proposition FF. Motion by C ~)er Goldby, seconded by C ~)er Emery, to waive further reading ( vote), and continue the public hearing to June 3, 2003 for second reading and adoption of Ordinance. Motion carried 4-0 with Deputy Mayor Rexford absent. 7832 Page 5 - CITY OF POWAY - May 20, 2003 ITEM 3 (203-04) VARIANCE 02-12 APPLICANT: JOHN KROSS Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request for a Variance to allow a 12-foot-high fence along the rear property line for an existing single-family residence where a 6-foot-high fence is allowed. The property is located at 13136 Nelson Lane. There was no one present wishing to speak. Motion by C 3er Emery, seconded by C 3er Goldby, to close the public hearing and adopt Planning Resolution No. P-03-25, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 02-12 Assessor's Parcel Number 323-470-03." Motion carried 4-0 with Deputy Mayor Rexford absent. ITEM 4 (203-04) VARIANCE 03-02 APPLICANT: RONALD AND PATRICIA NASH Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request for a Variance to allow a 560-square-foot, attached garage addition to observe a 5-foot side yard setback where a 10-foot setback is required. The subject property is located at 12635 Footman Lane. Th present wishing to speak. Motion by C 3er Emery, seconded by C 3er Higginson, to close the public hearing and adopt Planning Resolution No. P-03-26, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 03-02 Assessor's Parcel Number 275-810-27." Motion carried 4-0 with Deputy Mayor Rexford absent. ITEM 5 (701-04 #456) ANNUAL DESIGNATION OF INAPPROPRIATE AREAS FOR SECOND DWELLING UNITS IN SINGLE FAMILY RESIDENTIAL ZONES Staff report by City Manager Bowersox. 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 that d ' 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. The :led Resolution would retain the areas previously determined by the City to be inappropriate for second dwelling units. 7833 - Page 6 - CITY OF POWAY - May 20, 2003 There was no one present wishing to speak. Motion by C 3er Higginson, seconded by C 3er Goldby, to adopt Resolution No. 03-042, entitled, "A Resolution of the City Council of the City of Poway, California, Regarding Annual Designation of Inappropriate Areas for Second Dwelling Units in Single-Family Residential Zones and Rescinding Resolution No. 02-043." Motion carried 4-0 with Deputy Mayor Rexford absent. CITY MANAGERITEMS 14A. City Manager Bowersox provided Council with a State Budget update.(1502-23) MAYOR AND CITY COUNCIL-INITIATED ITEMS 16. C 3er Emery presented Council with the Patriot Award which was presented to the City Saturday, May 17, 2003, at the Armed Forces Day Event. C 3er Emery also addressed the Council on the structural reorganization of the Metropolitan Transit District Board (MTDB) to the Metropolitan Transit System (MTS). 17. C 3er Goldby requested staff continue to review the possibilities of a military memorial in Old Poway Park during the re-design. 20A. Mayor Cafagna including d' presented Council with a Regional G update held with Assembly Member Kehoe on her 361 Bill. (1503-46) ADJOURNMENT Motion by C 3er Emery, seconded by C 3er Higginson, to adjourn the meeting at 8:08 p.m. Motion carried 4-0 with Deputy Mayor Rexford absent. Lori Anne Peoples, City Clerk 7834