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CC 2007 05-15 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MAY 15, 2007 The May 15, 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 Merrilee Boyack, Bob Emery, Betty Rexford, Mickey Cafagna COUNCILMEMBERS ABSENT Don Higginson STAFF MEMBERS PRESENT Rod Gould Penny Riley Lisa Foster Diane Shea Niall Fritz Jim Howell Robert Clark Dena Fuentes Tina White Mark Sanchez Todd E. Frank Patti Brindle Frank Casteleneto Paolo Romero City Manager Assistant City Manager City Attorney City Clerk Director of Development Services Director of Public Works Director of Community Services Director of Redevelopment Services Director of Administrative Services Director of Safety Services Sheriff's Captain City Planner City Engineer Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Boyack led the pledge of allegiance. CITY COUNCILMEMBER ANNOUNCEMENTS · Poway Bob's Restaurant Review. Councilmember Emery reviewed the Quiznos restaurant. · Councilmember Rexford attended the Police Officers Memorial Ceremony in Balboa Park. She attended and was a judge at the Dog Day event in Community Park-Dog Park on Saturday, and praised Community Services for this event. · Deputy Mayor Boyack announced the kick-off for Poway Pride, which will be held on Saturday, May 19, for a community-wide day of clean-up and fix-up projects throughout the City. 8861 Page 2 - CITY OF POWAY - May 15, 2007 PROCLAMATIONS . Presentation of Proclamation declaring May 20-26, 2007 as National Public Works Week. Mayor Cafagna presented the proclamation to Jim Howell, Director of Public Works, Niall Fritz, Director of Development Services, Dennis Quillen, Assistant Director of Public Works, and Frank Casteleneto, City Engineer, and thanked them for their services to the community. 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: Val Derlach, Poway, inquired why the United States flag was not flown for 5 days at Hillside Village. Nick Stavros, Poway, objected to the City Council action last week to increase solid waste fees. Ed Carboneau, Poway, said the seating in Council Chambers is too cramped, and announced his new mailing address. Connie Messina, Poway, asked for the City Council to adopt an ordinance relating to stranded shopping carts. This is especially a problem in the Oak Knoll area. PUBLIC HEARINGS 1. Variance (VAR) 06-08 and Minor Development Review Application (MDRA) 05-74; John and Julie Weaver, Applicants. A request to construct a 3,026-square-foot, two-story, single-family residence, with an attached 803-square-foot garage, on a vacant 2.47-acre lot located on Welton Lane, within the Rural Residential C (RR- C) zone. The applicant is also requesting a Variance to permit the residence to encroach 20 feet into the required 20-foot street side yard setback along a 60- foot wide, unused private access easement. The property is on Welton Lane, south of Poway Road. APN: 323-092-14. (0210-70) Niall Fritz, Director of Development Services presented the staff report. This is a request to allow the construction of a 3,026-square-foot, two-story, single-family residence, with an attached 803-square-foot garage, within the Rural Residential C zone. The applicant is requesting a Variance to permit the residence to encroach 20 feet into the required 20-foot street side yard setback, up to the edge of an unused 60- foot-wide access easement on the north side of the property. The house will still be set back 60 feet from the property line. This large easement and the required side yard setback constraint, limits the development potential of the site. The project site is a vacant 2.47-acre parcel located on Welton Lane, south of Poway Road. John Weaver, applicant, answered the City Council's questions about the ownership of the easement. 8862 Page 3 - CITY OF POWAY - May 15, 2007 Item 1 continued: Motion by Councilmember Emery, seconded by Councjlmember Rexford, to close the public hearing; adopt Planning Resolution No. P-07-22, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Variance 06-08 and Minor Development Review Application 05-74 Assessor's Parcel Number 323-092-14'- Motion carried 4-0, with Councilmember Higginson absent. 2. Minor Development Review Application (MDRA) 04-90. Rescission of Resolution No. P-05-20, which approved the vehicle access gate across Mina de Oro Road. Applicants: Property Owners on Eucalyptus Heights Road and the 14800 Block of Mina de Oro Road/John Fitch. APN: 321-111-11 and 16. This action is in order to comply with the court's ruling in Keena v. Shoval. (0200-25) Lisa Foster, City Attorney, provided the staff report. On March 22, 2005, the City Council approved Minor Development Review Application 04-90, for installation of a vehicle access gate across Mina de Oro Road just north of Poway Grade. A court has now ruled that there are public access rights to Mina de Oro, and has ordered that the City Council rescind its approval of MDRA 04-90 and Resolution P-05-20. In the original Agenda Report for this item, the City Attorney noted that if the City Council votes to rescind Resolution No. P-05-20 and MDRA 04-90, the applicants/property owners who installed the vehicle access gate that was the subject of that Resolution and MDRA would be required to remove the gate, but not the associated columns/pilasters. She said it was initially believed that removal of the gate alone would be adequate to comply with the court's order in Keena v. Shoval, with the least inconvenience and cost to the applicants/property owners. Since the posting of the original Agenda Report, the City has received correspondence opposing the retention of the columns/pilasters, on the basis that the columns/pilasters impede public access to Mina de Oro, and cause a narrowing of the roadway. As a result of this correspondence, staff revised its original recommendation and revised the Resolution as follows: 1) the Resolution now requires the removal of the columns/pilasters, in addition to the iron gate; 2) the Resolution now specifies that removal of the gate and columns must be completed within 60 days of approval of the Resolution. The following people spoke in support of staff's recommendation to rescind Resolution P-05-20, and adopt the revised resolution to rescind MDRA and directing gate and column/pilasters be removed: Nick Stavros, Poway Connie Messina, Poway Nick Hollon, Poway Marina Hollon, Poway Joe St. Lucas, representing South Poway Residential Association Imad Shahhal, Escondido 8863 Page 4 - CITY OF POWAY - May 15, 2007 Item 2 continued: Speakers in support of staff recommendation: Bill Parmley, Poway Don Davison, Poway Tony Ngyen, Poway Tzvika Sharabi, San Diego Diane Brunner, Poway Rabbi Zoll, San Diego Denise Culver, Escondido The following people spoke in opposition of removal of the gate: Dennis Keena, Poway Pamela Larson, Poway Jerry L. Thomas, Poway Ed Carboneau, Poway James Bainbridge, Poway Allen Sterger, Poway, opposed removal of the gate and asked for a 90-day stay on the order in order to discuss with legal counsel. Harry Rogers, Poway, opposed, and asked for 90-day continuance to discuss with legal counsel. Motion by Councilmember Emery, seconded by Deputy Mayor Boyack, to adopt the revised resolution as included in the additional materials packet, Planning Resolution No. P-07-23, entitled: "A Resolution of the City Council of the City of Poway, California, Rescinding Resolution No. P-05-20, Approving Minor Development Review Application (MDRA) 04-90, Assessor's Parcel Numbers 321-111-11 and 16." Motion carried 4-0 with Councilmember Higginson absent. WORKSHOP ITEM: 3. Pre-Development Conference 07-01; Brett Ames, Applicant/Property Owner. Consideration of a proposal to change the land use and zoning of a 40-acre parcel (Whispering Oaks) located north of St. Andrews Drive, at the northern terminus of Glen Arven Lane, from Rural Residential-A (RR-A) to Planned Community (PC). The applicant is also requesting an amendment to the Old Coach Golf Estates Specific Plan to include the property into the Specific Plan area. APN: 273-100-04. (0200-30) Niall Fritz, Director of Development Services, presented the staff report. This is a pre- development conference request for City Council comment on a proposed change in land use and zoning for the applicant's 40-acre parcel from Rural Residential-A to Planned Community and to incorporate the parcel into the Old Coach Golf Estates Specific Plan. The revised subdivision proposes the placement of 3 lots ranging from 1 to 2 acres in size along the southern boundary of the parcel, which would be consistent with the surrounding development. 8864 Page 5 - CITY OF POW A Y - May 15, 2007 There was no one present wishing to speak on this item. City Council consensus was to conceptually support the project and directed staff to bring the project forward. 4. Overhead Cost Allocation Fee Study prepared by FCs Consulting. (0700-10) Tina White, Director of Administrative Services, introduced Peter Moy with FCS Consulting who gave a presentation on the study. This overhead cost allocation study is a financial analysis tool that is commonly used by cities. The purpose of the study was to develop a plan to proportionally distribute the costs of general, citywide support services to departments, divisions, and/or separate funds, which use or benefit from those services. There was no one present wishing to speak on this item. Motion by Councilmember Emery, seconded by Councilmember Rexford, to receive the report, and direct staff to incorporate the results of the study into the FY07/08 and FY08/09 budgets. Motion carried 4-0, with Councilmember Higginson absent. CONSENT CALENDAR Motion by Councilmember Rexford, seconded by Deputy Mayor Boyack, to approve the Consent Calendar consisting of Items 5 through 11 as submitted, with item 11.1 being removed for discussion at the request of a member of the public. Motion carried 4-0 with Councilmember Higginson absent. 5. Ratification of Warrant Reaister for the period April 16 through April 20, 2007. (0475-20) 6. Adoption of Resolution No. 07-038, entitled: "A Resolution ofthe City Council of the City of Poway, California, Commending EaQle Scout Matthew Arden Davis." (0710-40) 7. Approval of Waiver of Formal Bid Process for the emergency demolition and removal of the wooden patio cover structure located between the Community Park auditorium and Senior Center; and approval of payment to Clauss Construction in the amount of $9,000. (0700-10) 8. Approval of Consultant Aareement with Wilson & Company to update the City's Transportation Element of the General Plan. (0700-10) 9. Approval of Contract Amendment with Pomerado Publishina Inc., for printing of the Poway Today newsletter. (0700-10) 8865 Page 6 - CITY OF POW A Y - May 15, 2007 10. Authorize the City Manager to execute an Aareement for Professional Services with Switchfoot Creative for graphic design and editorial services for the Poway Today newsletter on a quarterly basis and redesign of the newsletter. (0700-10) 11. Award of Bid to Zebron Contractina. Inc., in the amount of $259,010 for the first phase of the Wastewater Collection Access Manhole Rehabilitation Program _ Bid No. 06-026. (0700-10) 11.1 Approval of Final Map for Tentative Tract Map (TIM) 04-04 located 14221 Midland Road, the northeast comer of Midland Road and Aubrey Street; Robert Lamagno, Owner. APN 314-193-22. (0200-60) This item was removed from the Consent Calendar at the request of a member of the public for discussion. Dee Fleischman, Poway, stated her concerns regarding the potential loss of view of the Plaisted House from Midland Road with this subdivision. Motion by Councilmember Emery, seconded by Councilmember Rexford, to (1) approve the Final Map for TIM 04-04 and direct its recordation; (2) accept, on behalf of the City, an easement for water and sewer over, upon, across, and under the subject land as shown on TM 04-04; (3) accept, on behalf of the City, Aubrey Street and Midland Road for use as public streets, and (4) direct the addition of a note to the Final Map to inform that the design of homes would be reviewed to see that any view obstruction of the Victorian house behind this property is minimized. Motion carried 4- o with Councilmember Higginson absent. ADJOURNMENT - Mayor Cafagna adjourned the meeting at 9:04 p.m. announcing that the next regularly scheduled meeting is June 5, 2007. 0~~,cnyae~ City of Poway, California 8866