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CC 2007 05-01 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MAY 1, 2007 The May 1, 2007, Regular Meeting of the City Council of the City of Poway, was called to order at 7:05 p.m. by Deputy Mayor Boyack at the Pciway City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT Merrilee Boyack, Betty Rexford, Don Higginson COUNCILMEMBERS ABSENT Bob Emery and Mickey Cafagna STAFF MEMBERS PRESENT Rod Gould Penny Riley Sherrie Worrell Niall Fritz Jim Howell Dena Fuentes Tina White Mark Sanchez Todd E. Frank Patti Brindle Frank Casteleneto Belinda Romero Kristen Crane Paolo Romero PLEDGE OF ALLEGIANCE City Manager Assistant City Manager Deputy City Clerk Director of Development Services Director of Public Works Director of Redevelopment Services Director of Administrative Services Director of Safety Services Sheriff's Captain City Planner City Engineer Community Services Manager Assistant to the City Manager Management Analyst Councilmember Rexford led the pledge of allegiance. CITY COUNCILMEMBER ANNOUNCEMENTS . Poway Bob's Restaurant Review. No restaurant review was given. PRESENTATIONS . Presentation Certificate of Appreciation to past Community Fine Arts Advisory Committee member: Cheryl Goodman-Schwarzman. Councilmember Rexford presented Cheryl Goodman-Schwarzman with a Certificate of Appreciation. . Presentation of Proclamation for "Paint Our Town Purple" and "Relay for Life." Deputy Mayor Boyack presented the proclamation to April Mitchell of the Poway Chamber of Commerce. 8850 Page 2 - CITY OF POW A Y - May 1, 2007 . Presentation of Certificates and Badges to the 22nd Graduating Class of Reserve Park Rangers and Reservists: Blake Cournyer, Clifford Delong, Diana Frolander, Pedro Gonzalez, Richard Konopasek, Dianne Kurtock, Eddie Lopez, Danny Oca, Robert Richardson, Alvin Sanders, Ken Snyder, Chris Sparks, Ira Wright. Deputy Mayor Boyack presented Clifford Delong, Richard Konopasek, Robert Richardson and Ira Wright with their certificates and badges. · Presentation of Certificate of Commendation to Eagle Scout Bradley T. Hutton. Deputy Mayor Boyack presented the Certificate of Commendation to Eagle Scout Hutton. PUBLIC ORAL COMMUNICATIONS Deputy Mayor Boyack 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: Joe St. Lucas, Poway, provided handouts on Fibromyalgia Awareness Day, which is May 12, 2007, and requested recognition of the day with a proclamation. Sara Lubic, Poway, expressed concerns about children playing with toy weapons in public parks and the need for Council to take action. PUBLIC HEARINGS 1. Approval of the First Amendment to the Disposition and Development Aqreement (DDA) between the Poway Redevelopment Agency and the Midland Animal Clinic, Inc., for the sale of the Redevelopment Agency property located at the southeast corner of Midland Road and Aubrey Street. APNs: 314-193-40 and 41. (0700-10) Dena Fuentes, Director of Redevelopment Services, presented the staff report. On December 6, 2005, the City Council and Redevelopment Agency approved a Disposition and Development Agreement with the owners of the Midland Animal Clinic. Subsequent to the approval of the Disposition and Development Agreement, the owners of the Midland Animal Clinic elected to redesign the building. The revised Conditional Use Permit was approved by the City Council on April 3, 2007 and this item will modify the DDA with a decrease in the amount of property purchased by the Midland Animal Clinic and additional adjustments to the terms. There was no one from the public wishing to speak on this item. Motion by Councilmember Rexford, seconded by Councilmember Higginson, to close the public hearing, adopt Agency Resolution No. R-07 -12, entitled: "A Resolution of the Poway Redevelopment Agency Approving a First Amendment to the Disposition and Development Agreement By and Between the Poway Redevelopment Agency and Midland Animal Clinic, Inc., John L. and Diana L. Augustine Trust Dated March 18, 1986, and N.K. and P.E. Switzer Family Trust Dated April 6, 2000, and Making Certain Findings in Connection Therewith;" (motion continued next page) 8851 Page 3 - CITY OF POWA Y - May 1,2007 Item 1 continued: and adopt Resolution No. 07-034, entitled: "A Resolution of the City Council ofthe City of Poway, California, Approving a First Amendment to the Disposition and Development Agreement By and Between the Poway Redevelopment Agency and Midland Animal Clinic, Inc., John L. and Diana L. Augustine Trust Dated March 18, 1986, and N.K. and P.E. Switzer Family Trust Dated April 6, 2000, and Making Certain Findings in Connection Therewith;" and authorize the Chair and Executive Director to execute all necessary documents. Motion carried 3-0 with Councilmember Emery and Mayor Cafagna absent. 2. Approval of a 5-Year Extension of the Lease Agreement between the Poway Redevelopment Agency and the Powav Community Garden for the use of real property owned by the Agency as the Poway Community Garden. The property is located at 13112 Vista View Drive. APN: 323-261-31. (0700-10) Dena Fuentes, Director of Redevelopment Services presented the staff report. This is a request for Lisa Kirchner to assume the role of Garden Coordinator for the Poway Community Garden located at 13112 Vista View Drive and to extend the current agreement for 5 years. The property is owned by the Redevelopment Agency and gives people without backyards or land, the opportunity to grow their own vegetables or flowers. There was no one from the public wishing to speak on this item. Motion by Councilmember Rexford, seconded by Councilmember Higginson, to close the public hearing and authorize the Chair to execute the amendment to the lease agreement. Motion carried 3-0 with Council member Emery and Mayor Cafagna absent. STAFF REPORTS 3. SiQn Permit 07-15; City of Poway, Applicant: A request to replace the monument sign at the Poway Center for the Performing Arts located at 15498 Espola Road, in the Public Facilities (PF) zone, with a 15-foot tall, electronic sign. APN: 278- 450-27. (0280-20) Niall Fritz, Director of Development Services, presented the staff report. On October 3, 1995, the City Council approved Sign Permit 95-33 that permitted the construction of a 12-foot-high, 36-square-foot monument sign for the Poway Center for the Performing Arts. The sign has been used over the last 12 years to advertise community, musical, and theatrical events. The sign has been the object of vandalism and the metal base has rusted away as a result of the landscape irrigation system. The Community Services Department is requesting to replace the sign with a 15-foot- tall, 36-square-foot electronic sign. Daniel Krall, Poway, inquired as to the price of the sign and why the increase in size. 8852 Page 4 - CITY OF POW A Y - May 1, 2007 Motion by Councilmember Higginson, seconded by Council member Rexford, to adopt Planning Resolution No. P-07 -18, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Sign Permit 07-15, Assessor's Parcel Number 278- 450-27." Motion carried 3-0 with Councilmember Emery and Mayor Cafagna absent. 4. Minor Development Review Application 06-72; Steven and Karen McPartland, Applicants. A request for approval to construct a 5,840-square-foot, two-story residence, a 1,430-square-foot attached garage, and a 1,100-square-foot attached workshop on a 2.51-acre vacant property at 13442 Old Winery Road. Also included is a request to perform associated grading that would increase the elevation of the previously graded pad by 14 to 18 feet. APN: 273-901-44. (0200-25) Niall Fritz, Director of Development Services, presented the staff report. The applicants are requesting approval to construct a 5,840-square-foot, two-story residence, a 1,430-square-foot attached garage, and a 1,1 OO-square-foot attached workshop on a 2.51-acre property at 13442 Old Winery Road. Also included is a request to perform associated grading that would change the shape of a previously graded pad and increase the pad elevation by 14 to 18 feet. This building pad change will create greater privacy for the closest neighboring house to the northwest and shorten the driveway from Old Winery Road by over 100 feet. Steve McPartland, applicant, was available for questions. Motion by Councilmember Higginson, seconded by Council member Rexford, to adopt Planning Resolution No. P-07 -19, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Minor Development Review Application (MDRA) 06-72 Assessor's Parcel Number 273-901-44." Motion carried 3-0 with Councilmember Emery and Mayor Cafagna absent. CONSENT CALENDAR Motion by Councilmember Rexford, seconded by Councilmember Higginson, to approve the Consent Calendar, consisting of Items 5, 6 and 8-10. Item 11 was removed at the request of a mernber of the public for discussion. Motion carried 3-0 with Councilmember Emery and Mayor Cafagna absent. 5. Ratification of Warrant Reqister for the period April 2 through April 6, 2007. (0475-20) 6. Approval of Minutes - City Council April 10, 2007 Regular Meeting April 17, 2007 Canceled Regular Meeting 8. Adoption of Resolution No. 07-035 entitled: "A Resolution ofthe City Council of the City of Poway, California, Commending Eaqle Scout Bradlev T. Hutton." (0710-40) 8853 Page 5 - CITY OF POW A Y - May 1, 2007 g. Award of Bid for the 2007 Concrete Grinding Program Contract to Channel Islands Sidewalk Grinding in the amount of $7,163.00 for the first year. (0700-10) 10. Adoption of Resolution No. P-07-20, entitled: "A Resolution of the City Council ofthe City of Poway, California, Approving Temporarv Use Permit 07-21 to Hold the Community Band Festival 2007" at Old Poway Park, located at 14134 Midland Road, on Saturday, May 5,2007 and Sunday, May 6,2007. APN: 314-202-19. (0210-60) 11. Adoption of Resolution No. 07-036, entitled: "A Resolution ofthe City Council of the City of Poway, California, Finding that Housing Fund Monies Used Outside the Project Area for Planning and Administrative Costs in FY 2005-06 were of Benefit to the Project Area;" and Resolution No. R-07-13, entitled: "A Resolution of the Poway Redevelopment Agency Finding that Planning and Administrative Costs Charged to the Housing Fund in FY 2005-06 were Necessary to Increase, Improve and Preserve the Supply of Low- and Moderate-Income Housing." (0260-10) This item was removed from the Consent Calendar at the request of a member of the public for discussion. Dee Fleischman, Poway, spoke in opposition of the report and recommended expenditures be provided a detailed report. Motion by Councilmember Higginson, seconded by Councilmember Rexford, to approve the item as submitted. Motion carried 3-0 with Councilmember Emery and Mayor Cafagna absent. MAYOR AND CITY COUNCIL-INITIATED ITEMS 17. Deputy Mayor Boyack reported she had attended the Burn Institute Dinner at Fire Station 3 on April 27, 2007, and thanked all of the firefighters for their service and hard work. Deputy Mayor Boyack also reported that she had attended the "Safe Medicine Disposal Day" event on Saturday, April 28, 2007. Many people were in attendance and she would like to see the City continue with the program. ADJOURNMENT - Deputy Mayor Boyack adjourned the meeting at 7:44 p.m. ~~~ Sherrie D. Worrell, Deputy City Clerk City of Poway, California 8854