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CC 2007 04-10 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING APRIL 10, 2007 The April 10, 2007, 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 Bob Emery, Merrilee Boyack, Betty Rexford, Don Higginson, and Mickey Cafagna STAFF MEMBERS PRESENT Rod Gould Penny Riley Lisa A. Foster Sherrie Worrell Niall Fritz Robert Clark Jim Howell Dena Fuentes Tina White Mark Sanchez Todd E. Frank Patti Brindle Kristen Crane Paolo Romero PLEDGE OF ALLEGIANCE City Manager Assistant City Manager City Attorney Deputy City Clerk Director of Development Services Director of Community Services Director of Public Works Director of Redevelopment Services Director of Administrative Services Director of Safety Services Sheriffs Captain City Planner Assistant to the City Manager Management Analyst Deputy Mayor Boyack led the pledge of allegiance. CITY COUNCILMEMBER ANNOUNCEMENTS . Councilmember Emery gave a review of Q'Harley's Bar and Grill located on Community Road in the Wal-Mart Shopping Center, noting its excellent food. PRESENTATIONS · Proclamation: Earth Day and Arbor Day, to be held April 14 at Lake Poway Recreation Area. Mayor Cafagna presented the proclamation to Jim Howell, Director of Public Works and Robert Clark, Director of Community Services. 8836 Page 2 - CITY OF POW A Y - April 1 0, 2007 PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedures for Public Oral Communications noting that State law may prohibit the City Council from taking action on items not on the agenda, and items will be referred to staff. The fOllowing people spoke: Lynette Perkes, Poway, expressed concern about the violations of the General Plan and the number of code violations within the City and doesn't want Poway to become like Hillcrest, North Park, or Kensington. Nick Stavros, Poway, spoke about the importance of community aesthetics and suggested that Council establish an aesthetics advisory committee with each Council member appointing one individual. STAFF REPORTS 1. ReQuest for Rehearina of Variance 07-01 allowing a garage/home officlil building that is under construction at 13718 Sagewood Drive to observe a 25-foot front yard setback when a 40-foot setback is required within the Rural ReSIdential C (RR-C) zone. APN 275-342-14. Jeff Reed, Applicant. Marge and Thomas Knothe, Appellant. (0210-70) Niall Fritz, Director of Development Services presented the staff report. On March 13, 2007, the City Council approved Variance 07-01 with conditions. A letter requesting a rehearing of the Variance was submitted on March 23, 2007 by Thomas and Marge Knothe, adjacent neighbors to the subject property. Chapter 2.21 of the Poway Municipal Code provides for the rehearing of City Council actions upon the slJbmittal of a request with new and/or different information that was not available at the time of the initial hearing. The City Council can, at its discretion, either take no further action on the matter or set the matter for another public hearing. Should the City accept the request for rehearing, the matter would be scheduled for a new public hearing within 30 days. The following individuals spoke in support of the request for a rehearing: Marge Knothe, Poway Tom Knothe, Poway Nick Stavros, Poway William Monahan, Poway Bob Wistort, Poway Dee Fleschman Mike Crofts, Poway gave a handout on California Government Code Section 65906 regarding variances. Jeff Reed, Poway requested Council deny the request for a rehearing. 8837 Page 3 - CITY OF POW A Y - April 1 0, 2007 Motion by Councilmember Higginson, seconded by Deputy Mayor Boyack, denying the request for a rehearing as no new evidence had been submitted. Motion carried 3-2 with Councilmembers Emery and Rexford voting "no." CONSENT CALENDAR Motion by Councilmernber Emery, seconded by Councilmember Rexford to approve the Consent Calendar consisting of Items 2, 3 and 5 through 7, exceptfor item 7.1, which was removed at the request of a member of the public for discussion. Motion carried unanirnously. 2. Ratification of Warrant Reaisters for the period March 12 through March 16, 2007. (0475-20) 3. Approval of Minutes - City Council March 13, 2007 Regular Meeting March 20, 2007 Regular Meeting 5. Adoption of Resolution No. P-07-16, entitled: "A Resolution of the Ci~ Council of the City of Poway, California Approving Temporary Use Permit 07-~5 for the Country Health and Home Street Fair" to be held on April 22, 2007 along Midland Road between Poway Road and Hilleary Place. (0210-60) 6. Approval of the Release of Gradina Securities for Performance Bond No. 661113695 in the amount of $218,000 and a reduction of the cash security from $40,000 to $5,000 for Temple Adat Shalom located at 15905 Pomerado Road; Conditional Use Permit 86-04; Sid Bernsen, Temple Adat Shalom, Applicant. APN: 275-810-17,18 and 19. (0210-30) 7. Approval ofthe Release of Gradina Securities for Grading Bond No. 2136774 in the amount of $207,600 and the cash security of $35,800 for Poway Corporate Center Lot 9 located at the southern terminus of Community Road; Ted Tchang, Tech Business Center, LLC, Applicant. APN: 320-220-19 (0810-70) 7.1 Approval of Positions on PendinQ Legislation. Support AB 411/$B 709 - Overconcentration of Residential Care Facilities, AB 1254 - Property Tax Reward: Affordable Housing, AB 1256 - Density Bonus Law, AB 1260 - Local Government: Notice, SB 286 . Local Street and Road Transportation funds, SB 429 - Land Use Controls, SB 913 - Sex Offenders: Parole, SB 934 - Housing/Infrastructure Investment Districts, and SB 947 - CEQA: CalTrans: Rights-of-Ways; Oppose SB 303 - Local Government Housing, SB 964 (Romero) - Local Agencies. (0740-55) This item was removed from the Consent Calendar at the request of a member of the public for discussion. Dee Fleischman, Poway, stated she was opposed to staffs recommendation for AB1260, SB 947, and SB 934. 8838 Page 4 - CITY OF POW A Y - April 1 0, 2007 Motion by Council member Emery, seconded by Councilmember Higginson, ~o approve the item as submitted. Motion carried unanimously. CITY MANAGER ITEMS 8. City Manager Gould reported that SANDAG would soon be releasing the crime statistics for the fiscal year. Based on the sumrnary that has been received, violent crimes in Poway are down as is the FBI crime index. Mr. Gould conjplimented Sheriffs Captain Todd E. Frank and Safety Services Director Mark Sanch~z for their hard work, as Poway remains one of the safest cities in Southern CalifornIa. MAYOR AND CITY COUNCIL-INITIATED ITEMS 10A. San Diego County Childhood Obesity Action Plan. (1010-50) Council member Emery asked staff to look into participating in the San Diego County Childhood Obesity Action Plan. Council concurred. 14A. Concurrence of committee appointment as nominated by Counclilmember Rexford: Community Fine Arts Committee - Christine Stell. Council concurred with the appointment. ADJOURNMENT - Mayor Cafagna adjourned the meeting at 8:24 p.m. ~ il i, 0 L0 j LtJw o.Q Sherrie D. Worrell, DeputylCity Clerk City of Poway,California 8839