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CC 2007 07-17 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JULY 17, 2007 The July 17, 2007, Regular Meeting of the City Council of the City of Poway was called to order at 7:05 p.m. by Mayor Cafagna at the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT Merrilee Boyack, Don Higginson, Betty Rexford, Mickey Cafagna COUNCILMEMBERS ABSENT Bob Emery STAFF MEMBERS PRESENT Rod Gould Penny Riley Lisa Foster Diane Shea Niall Fritz Robert Clark Jim Howell Dena Fuentes Tina White Mark Sanchez Mark Elvin Patti Brindle Frank Casteleneto Paolo Romero PLEDGE OF ALLEGIANCE City Manager Assistant City Manager City Attorney 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 Sheriff's Lieutenant City Planner City Engineer Management Analyst Deputy Mayor Boyack led the pledge of allegiance. CITY COUNCILMEMBER ANNOUNCEMENTS . Deputy Mayor Boyack: Unveiling of Historic Markers. Deputy Mayor Boyack officially announced the Historical Marker Program for Poway and unveiled the Historic Markers. The first marker will be installed on July 25, 2007 at 10:00 a.m., at Community Church with the remaining six markers being installed by August 8,2007. Deputy Mayor Boyack thanked the Poway Historical and Memorial Society volunteers, Sue Willy, staff, and the City Council for their support. · Mayor Cafagna noted this is Director of Public Works, Jim Howell's, last City Council meeting before his retirement next week. 8891 Page 2 - CITY OF POWAY - July 17, 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 person spoke: Ed Carboneau, Poway, commented on Poway Toyota. Joe St. Lucas, Poway, said teenage boys are playing ball at Aubrey Field. Gisela Koestner, Poway, inquired why Sheriff's deputies respond to 4S Ranch if it is in the City of San Diego. PUBLIC HEARINGS 1. Ordinance No. 658 - First Reading, entitled: "An Ordinance of the City of Poway, California, Approving Specific Plan (SP) 06-01 The Meadows Workforce Housing Project Located at 12920 Metate Lane Assessor's Parcel Number: 317-250-30;" and, Environmental Assessment, Specific Plan (SP) 06-01, Tentative Tract Map (TTM) 06-06, Development Review (DR) 06-04 and Variance (VAR) 07-02; Poway Redevelopment Agency/Poway Meadows, L.P., Applicants. A request to subdivide and construct 30 attached and detached single-family homes for moderate and low-income families on a vacant 4.09-acre property located at 12920 Metate Lane within the Residential Single-Family (RS) 7 zone. A fence height Variance approval is also requested to allow segments of a combined height retaining wall and 5-foot-high privacy fencing along the northerly property line, adjacent to proposed Lots 17, 19 and 20, to have a height of up to 10 feet when 6 feet is the maximum height permitted in the RS-7 zone. APN: 317-250- 30. (0220-60) Carol Rosas, Associate Planner, Development Services, presented the staff report. This is a request to subdivide and construct 28 paired and two detached single-family homes for moderate and low-income families on a vacant 4.09-acre property located at 12920 Metate Lane, within the Residential Single-Family 7 zone. The Variance is requested to allow segments of a combined height retaining wall and five-foot-high privacy fence along the northerly property line to have a height of up to ten feet when six feet is the maximum height permitted. The Specific Plan will establish reductions in lot size, lot width, rear yard setback, side yard setbacks, lot coverage and street right- of-way as allowed under the Poway Municipal Code and state law for the development of affordable housing. Howard Collins, Poway, said this is a solid project, good for Poway, and has the support of the business community. 8892 Page 3 - CITY OF POWAY - July 17, 2007 Matt Hamson, Poway, opposed the project as presented because of the negative impacts to the existing homes including views being blocked and the close proximity of the homes to one another. John Nuttall, Poway, said his quality of life will be diminished and his property devalued because of the elevated pad height and view obstructions created by these new homes. Ed Carboneau, Poway, said the quality of life is declining with Poway's continued development. Dee Fleischman, Poway, questioned the planning process and the development standard concessions made on this project, and suggested a continuance for a full Council to consider at a workshop. Motion by Deputy Mayor Boyack, seconded by Councilmember Rexford, to approve the Mitigated Negative Declaration; waive further reading of the Ordinance; and continue the public hearing to August 7,2007 for second reading and adoption of the Ordinance and approval ofthe Resolution for Tentative Tract Map 06-06, Development Review 06-04 and Variance 07-02 with the revised conditions H.22 and H.23 relating to the exterior elevation of the retaining wall/privacy fence and pad elevations. Motion carried 4-0 with Councilmember Emery absent. 2. Environmental Assessment/Conditional Use Permit 06-09; Loma Cabrillo, LLC/Allan Kuebler, Applicant. A proposal to operate a horse boarding facility and training center boarding up to 167 horses, and a cat and dog kennel on four adjoining parcels totaling 37 acres in size located at 15059 Sycamore Canyon Road, within the Rural Residential B (RR-B) zone. The site includes the former 4- acre Humane Society property that was previously used as a large animal shelter. APNs: 323-070-17,18,19 and 65. (0210-30) Niall Fritz, Director of Development Services, presented the staff report. This is a request to operate a horse boarding facility and training center, boarding up to 167 horses, and a cat and dog kennel boarding up to 20 animals, on four adjoining parcels totaling 37 acres, located at 15059 Sycamore Canyon Road, within the Rural Residential B zone. The site includes the former 4-acre Humane Society property that has an approved Conditional Use Permit for a shelter for large animals and a kennel to temporarily hold stray dogs and cats before transporting them to the main Humane Society facility. That use was discontinued several years ago, and the Humane Society has sold the subject property to the applicant. Terry Gibson, Poway, said there needs to be an alternative emergency evacuation plan for animals for the entire area. John Fitch, Poway, spoke on behalf of the applicant, and explained he intends to have a caretaker on site once animals are on the property. He also intends to come back to the City Council at a future date to request lighting in the arenas. 8893 Page 4- CITY OF POW A Y - July 17, 2007 Motion by Councilrnember Rexford, seconded by Deputy Mayor Boyack, to close the public hearing; approve the Mitigated Negative Declaration; and adopt Planning Resolution No. P-07-30, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit (CUP) 06-09 Assessor's Parcel Numbers 323-070-17, 18, 19 and 65 and Rescinding Resolution No. P-88-48 for Conditional Use Permit 88-01 and Development Review 88-03" with the addition of condition V.23 "Prior to animals arriving or being boarded at the facility, the applicant shall provide onsite, a resident caretaker to respond promptly in the event of any facility related ernergencies or complaints." Motion carried 4-0 with Councilmember Emery absent. 3. Environmental Assessment, Tentative Parcel Map (TPMl 06-03 and Variance (VARl 06-14; Bob Lamagno, Applicant. A proposal to subdivide a 0.485-acre property into three residential lots. The subject property is located at 13838 Poway Road, within the Residential Single-Family (RS) 7 zone. A Variance approval is also requested to allow a masonry buffer wall to be 8 feet high when the maximum height permitted in the zone is 6 feet. APN: 323-201-05. (0210-70) Niall Fritz, Director of Developrnent Services, presented the staff report. This is a proposal to subdivide a 0.485-acre property located at 13838 Poway Road into three residential lots ranging in size from 6,200 to 6,600 square feet. The property is in the Residential Single-Family 7 zone. A Variance approval is requested to allow a masonry buffer wall to be 8 feet high when the maximum height permitted in the zone is 6 feet. The subject property is presently developed with a single-family home that was constructed in 1955. The applicant plans to raze the existing residence prior to redevelopment of the site. Sherie Ward, Poway, said she is the adjoining neighbor and asked that her front yard at the wall be landscaped and that Mr. Lamagno be responsible for maintenance of the easement. Bob Lamagno, applicant, agreed to the landscaping request but said maintenance will be the property owner's responsibility. There will be a maintenance agreement on the private road. Motion by Councilmember Higginson, seconded by Deputy Mayor Boyack, to close the public hearing; approve the Mitigated Negative Declaration; and adopt Planning Resolution No. P-07-31, entitled: "A Resolution of the City Council of the City of Poway, California, approving a Mitigated Negative Declaration, Tentative Parcel Map 06-03, and Variance 06-14 Assessor's Parcel Number 323-201-05." Motion carried 4- o with Councilmember Emery absent. 8894 Page 5 - CITY OF POWAY - July 17, 2007 4. Environmental Assessment, Conditional Use Permit (CUP) 07-06, Development Review (DR) 07-03. and Variance (VAR) 07-09; Country Montessori School, Applicant. A proposal to construct, in 3 phases, a private school for up to 325 students on two vacant parcels at the western terminus of the 9th Street cul-de- sac, in the Rural Residential-C (RR-C) zone. The Variance is required to: (1) allow required parking to encroach into the 40-foot front yard setback, (2) maintain a 20-foot side yard building setback where 50 feet is required, and (3) exceed the six-foot maximum height limit for a fence and retaining wall combination. APNs: 317-021-18 and 30. (0210-30) Oda Audish, Associate Planner, Development Services, presented the staff report. This is a request for a phased development of a 27,624-square-foot private school for up to 325 students on a vacant 8.16-acre site at the western terminus of the 9th Street cul-de-sac, in the Rural Residential C zone. The buildings include classrooms, an office and a multi-purpose room. Outdoor facilities include playgrounds, a sports field, a covered lunch area, an amphitheatre and a parking lot. The request includes a Variance to: (1) allow required parking to encroach into the 40-foot front yard setback, (2) maintain a 20-foot side yard building setback where 50 feet is required, and (3) exceed the 6-foot maximum height limit for a fence and retaining wall combination. David Sheehan, School Board President, clarified the school's start times. Motion by Councilmember Rexford, seconded by Councilmember Higginson, to close the public hearing; approve the Mitigated Negative Declaration; and adopt Planning Resolution No. P-07-32, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 07-06, Development Review 07- 03 and Variance 07-09, Assessor's Parcel Number 317-021-18 and 30." Motion carried 4-0 with Councilmember Emery absent. 5. Environmental Assessment, Minor Development Review Application (MDRA) 06- 66, Minor Development Review Application (MDRA) 06-67 and Minor Development Review Application (MDRA) 06-68; Poway Redevelopment Agency/Poway Meadows LP, Owner/Applicant. A request for approval to construct three single-family homes for affordable to moderate income households, on three separate lots located in the 13900 block of York Avenue on the west side of the street. APNs: 314-213-18,19,20 and 21. (0200-25) Carol Rosas, Associate Planner, Development Services, presented the staff report. The Poway Redevelopment Agency, in conjunction with Poway Meadows L.P., a private developer, proposes to construct three single-family homes affordable to rnoderate income households on three separate legal lots located on the west side of the 13900 block of York avenue, within the Rural Residential C zone. There were no public speakers. 8895 Page 6 - CITY OF POWAY - July 17, 2007 Motion by Deputy Mayor Boyack, seconded by Councilmember Rexford, to close the public hearing; approve the Mitigated Negative Declaration; adopt Planning Resolution No. P-07 -33, entitled: "A Resolution of the City Council of the City of Poway, California Approving Minor Development Review Application 06-66 Assessor's Parcel Numbers 314-213-18,19;" adopt Planning Resolution No. P-07-34, entitled: "A Resolution ofthe City Council of the City of Poway, California Approving Minor Development Review Application 06-67 Assessor's Parcel Number 314-213-20;" and adopt Planning Resolution No. P-07-35, entitled: "A Resolution of the City Council of the City of Poway, California Approving Minor Development Review Application 06-68 Assessor's Parcel Number 314-213-21." Motion carried 4-0 with Councilmember Emery absent. 6. Consideration of a Disposition and DevelopmentAgreement between the Poway Redevelopment Agency and Poway Meadows, L.P., for the construction of for- sale affordable housing on Metate Lane and York Avenue. APNs: 317-350-30, 314-213-18,19,20 and 21. (0700-10) Ingrid Alverde, Housing Program Manager, Redevelopment Services, presented the staff report. This is a proposal for the approval of a Disposition and Development Agreement with Poway Meadows, L.P., for the development of thirty attached and detached single-family homes on Metate Lane and three single-family homes on York Avenue. The development includes three and four bedroom units with an overall, average size of approximately 1,422 square feet. The entire development will be affordable to households at low and moderate-income levels. Construction is planned from early 2008 to early 2009. All homes are proposed to be sold under the guidelines of Poway's supporting Home Ownership in Poway (SHOP) Program. Barbie Shrier, Poway, thanked the City Council for her opportunity to be a SHOP program participant, and supported the current program. Giovanny Mejia, thanked the City Council for their help in giving his family the opportunity to live in Hillside Village, and supports these programs. Motion by Councilmember Higginson, seconded by Councilmember Rexford, to close the public hearing; adopt Resolution No. 07-058, entitled: "A Resolution of the City Council of the City of Poway, California, Consenting to the Approval of a Disposition and Development Agreement by and between the Poway Redevelopment Agency and Poway Meadows, L.P., and Making Certain Findings in Connection Therewith;" adopt Resolution No. R-07-16, entitled: "A Resolution of the Poway Redevelopment Agency Approving a Disposition and Development Agreement by and between the Poway Redevelopment Agency and Poway Meadows, L.P., and Making Certain Findings in Connection Therewith;" authorize an appropriation of $5,000,000 from the Agency's Housing Fund Unappropriated Fund Balance (471-8912) to Affordable Home Ownership Project 5990B; and authorize the City Manager/Executive Director to execute all necessary documents. Motion carried 4-0 with Councilmember Emery absent. 8896 Page 7 - CITY OF POWAY - July 17, 2007 7. Consideration of a Resolution Approving the 2006 Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's Roll for Fiscal Year 2007-200S. (0490-76) Niall Fritz, Director of Developrnent Services, presented the staff report. Each year monies are budgeted for weed and nuisance abatement, including illegal dumping and encampments. Property owners are notified that all abatement costs incurred by the City will be assessed on the tax rolls, in addition to a $60 administrative fee per case. There were no public speakers. Motion by Deputy Mayor Boyack, seconded by Councilmember Rexford, to close the public hearing and adopt Resolution No. 07-059, entitled: "A Resolution of the City Council of the City of Poway, California Approving the Report of 2006 Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's Roll for Fiscal Year 2007-2008." Motion carried 4-0 with Councilmember Emery absent. CONSENT CALENDAR Motion by Councilrnember Higginson, seconded by Councilmember Rexford to approve the Consent Calendar, Items 8-18.2, as submitted, with the exception of Item 18 which was removed for discussion at the request of a member of the public. Motion carried 4-0 with Councilmember Emery absent. 8. Ratification of Warrant Reqister for the period June 18 through June 22, 2007. (0475-20) 9. Approval of Designation of Voting Delegate for Leaque of California Cities Annual Conference to be held in Sacramento from September 5-S, 2007. (0710-60) 10. Approval of Amendment to the Facilities Use Agreement with the Poway Midland Railroad Volunteers to permit an increase in the adult fare for train rides at Old Poway Park. (0700-10) 11. Award of Contract to HMS Construction, Inc.. in the amount of $62,127 for the Poway Road Street Lighting Improvements Project (Bid No. 06-025). (0700-10) 12. Approval of Facility Use Agreement with the Friends of the Kumeyaay for the provision of interpretive services at the Kumeyaay-Ipai Interpretive Center at Pauwai. (0700-10) 13. Award of Contract to Richard Fisher Associates and Gary F. Hoyt Landscape Architecture, Inc., for as-needed professional landscape architectural services. (0700-10) 8897 Page 8 - CITY OF POWAY - July 17, 2007 14. Approval of the Poway Chamber of Commerce Visitor Services Grant AQreement for Fiscal Year 2007-2008 and the appropriation of $38,500 from the Unappropriated Redevelopment General Fund balance (437-8912) to the Visitor Services Program (5973). (0490-51) 15. Adoption of Resolution No. 07-060, entitled: "A Resolution ofthe City Council of the City of Poway, California, Commending Eagle Scout Rvan Gregory Dutcher." (0710-40) 16. Approval of Final Map for Tentative Tract Map (TTM) 06-05 for the property located at 13651,13691,13741 and 13771 Danielson Street; accept on behalf of the City an easement for general utility purposes, upon, across and under Lot 1 as shown on TTM 06-05. Commerce Center Holdings LLC, Owner. APNs: 317- 280-37,77, and 78. (0200-60) 17. Adoption of Resolution No. 07-061, entitled: "A Resolution ofthe City Council of the City of Poway, California, Designating Voting Delegate and Alternates to the California Joint Powers Insurance Authority (CJPIA) and Rescinding Resolution No. 07-001." (0140-10) 18. Approval ofthe Repainting ofthe Aubrey Park Concessions Building located at the northwest corner of Midland Road and Aubrey Street. APNs: 314-182-20,24, 33,34,35,44,46,50, and 51. (This project is in association with CUP 03-15.) (0210-30) This item was removed from the Consent Calendar at the request of a member from the public for discussion. Dee Fleischman, Poway, asked who is responsible for the building being painted a different shade of red than was originally approved by the City Council. Joe St. Lucas, Poway, said he is glad if the building is repainted red. Barbara Lerma, Poway, said there are other buildings in the area painted red and feels the existing color isn't that bad. Motion by Council member Rexford, seconded by Councilmember Higginson, to leave the building color as-is and not repaint Aubrey Park Concessions Building. Motion carried 4-0 with Councilmember Ernery absent. 18.1 Approval of the Reduction of Grading Securities for Sky Mountain Trails by releasing Grading Bond No. 661114178 in the amount of $273,500 and retaining the cash security of $20,000. Gregg Brandalise and Ted Neher, Applicants. (0810-70) 18.2 Approval of purchase of desktop personal computers in the amount not to exceed $226,380 from Hewlett-Packard Company. (0480-30) 8898 Page 9 - CITY OF POWAY - July 17, 2007 CITY MANAGER ITEMS 19. City Manager Gould recognized and commended Jim Howell for his 9 years of outstanding service to the City. MAYOR AND CITY COUNCil-INITIATED ITEMS 22. Councilmernber Higginson commended Jim Howell on his service to the City. 24. Deputy Mayor Boyack thanked staff for the Hazardous Waste Disposal program that was recently held; commented that the medians in front of Pomerado Hospital are beautiful; and thanked Jim Howell for his wonderful service. 25. Mayor Cafagna thanked Jim Howell for his many years of service to the City. ADJOURNMENT Mayor Cafagna adjourned the meeting at 10:00 p.m. o >n~oJL L. Diane Shea, City Clerk City of Poway, California 8899