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CC 2007 08-07 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 7, 2007 The August 7, 2007, Regular Meeting of the City Council of the City of Poway was called to order at 7:06 p.m. by Deputy Mayor Boyack at the poway City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford COUNCILMEMBERS ABSENT Mickey Cafagna STAFF MEMBERS PRESENT Rod Gould Penny Riley Lisa Foster Diane Shea Niall Fritz Robert Clark Kevin Haupt Dena Fuentes Tina White Jon Canavan Todd E. Frank 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 Division Chief, Safety Services Sheriff's Captain City Planner City Engineer Management Analyst Councilmember Rexford led the pledge of allegiance. CITY COUNCILMEMBER ANNOUNCEMENTS . Poway Bob's Restaurant Review. Councilmember Emery provided a review of the Fry Pie Restaurant in Point Pleasant, West Virginia, and Pepper's Deli, formerly Tout de Suite, noting its excellent sandwiches and homemade potato chips. . Councilmember Emery reported on his attendance at the League of California Cities Executive Forum and commented on the sessions relating to affordable housing. . Deputy Mayor Boyack announced that the Council meeting would be adjourned in memory of long-time Poway resident Sarah Tripp. 8900 Page 2 - CITY OF POWAY - August 7,2007 . Councilmember Rexford spoke about Sarah Tripp and her valuable contributions as a volunteer and involvement with the Green Valley Civic Association. . Councilmember Rexford reported on her attendance at the League of California Cities Executive Forum and remarked on sessions on workforce housing and shared equity homeownership. PRESENTATIONS . Presentation of the Trauma Interventions Program (TIPs). Jay Marciano gave an overview of the non-profit program that works closely with local emergency response systems to provide free service programs to citizens who are traumatized in emergency situations. She also introduced two Poway volunteers, Alejandrina Franklin and Alexandra Webb. 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: Val Derkach, Poway, talked about the dying trees and vegetation at Haley Ranch Estates. Ed Carboneau, Poway, inquired about the public's ability to place items on the City Council agenda, and public's use of the Chamber's audiovisual equipment. Edgar Perez, Poway United Soccer Club, requested a field for practice and games on Saturdays for his youth soccer team. He introduced two members of the team, Jonathan Perez and Leslie Acante, who also asked for the use of fields for play. CONTINUED PUBLIC HEARINGS 1. Ordinance No. 658 - Second 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 (TIM) 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) 8901 Page 3 - CITY OF POW A Y - August 7, 2007 Niall Fritz, Director of Development Services, presented the staff report. At its July 17, 2007 meeting, the City Council voted to approve the environmental document and continued the public hearing for second reading and adoption of the ordinance, and approval of the resolution. The motion carried 4-0 with Councilmember Emery absent. During the public hearing, two residents on Casa Court expressed concerns about the location of the homes on the proposed Lots 15 and 17, and the pad height on proposed Lot 17. Since the hearing, staff and the developer have explored in detail the feasibility of addressing these concerns. Matt Hamson, Poway, opposes the project citing several reasons including lot pad height, drainage, and retaining wall issues. Dennis Furdig, Pacific Scene Homes, supports the project and addressed citizens concerns brought up at neighborhood meetings. Lolly Brown, Poway, spoke on the 30 feet of open space between lots next to the Hamsons' yard, and cited detention drainage and fencing issues. Dee Fleischman, Poway, cited problems with driveways exiting onto a busy street and inquired on the setbacks of the houses. Val Derkach, Poway, compared Haley Ranch Estates with this project. Connie Messina, Poway, said the 13 homes on Oak Knoll Drive have driveways exiting onto the street which creates uneven sidewalks for pedestrians. Motion by Councilmember Higginson, seconded by Councilmember Emery, to close the public hearing; waive further reading of the ordinance; adopt Planning Resolution No. P-07-36, entitled: "A Resolution of the City Council of the City of Poway, California, Approving a Mitigated Negative Declaration and Tentative Tract Map (TTM) 06-06, Development Review 06-04 and Variance 07-02 for the Meadows Workforce Housing Project Assessor's Parcel Number 317-350-30" as amended to include a condition regarding correction of any drainage channel maintenance issues; and adopt Ordinance No. 658, 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." Motion carried 3-1 on a roll call vote with Councilmember Rexford voting "no" and Mayor Cafagna absent. PUBLIC HEARINGS 2. Variance (VAR) 07-08 and Minor Development Review Application (MDRA) 07-24; Robert Nothwang, Owner. A request for approval to add a 240-square-foot entry porch, and approximately 776 square feet of living area, which includes 575 square feet for a second story addition. This request is for an existing single- family residence located at 14359 York Avenue, within the Residential Single- Family (RS) 4 zone. The project includes a variance to allow the new entry porch to encroach 10 feet into the required 25-foot front yard setback. APN: 314-182- 68. (0210-70) 8902 Page 4 - CITY OF POWAY - August 7, 2007 Niall Fritz, Director of Development Services, presented the staff report. This is a request for approval of Minor Development Review Application (MDRA) 07-24 to add a 240-square-foot entry porch, and approximately 776 square feet of living area, which includes 575 square feet for a second story addition. This request is for an existing single-family residence located at 14359 York Avenue, within the Residential Single- Family 4 zone. The request also includes Variance (VAR) 07-08 to allow the new entry porch to encroach 10 feet into the required 25-foot front yard setback. There were no public speakers on this item. Motion by Councilmember Higginson, seconded by Councilmember Emery, to close the public hearing and adopt Planning Resolution No. P-07-37, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Variance 07-08 and Minor Development Review Application 07-24, Assessor's Parcel Number 314-182- 68." Motion carried 4-0 with Mayor Cafagna absent. 3. Consideration of a Resolution Renewing the Fire Protection Tax, the Street and Water and Sewer Assessments, and the Road Improvement Assessments to be Collected on the Property Tax Rolls for Fiscal Year 2007-2008. (0490-75) Tina White, Director of Administrative Services, presented the staff report. Annually, the City collects various taxes, fees, charges, and assessments on the tax rolls by following the procedures set up for collections by the County of San Diego. To collect these items, it is necessary to adopt a resolution setting the charges and to authorize staff to transmit the information to the Auditor/Controller of the County of San Diego. There were no public speakers. Motion by Councilmember Rexford, seconded by Councilmember Emery, to close the public hearing and adopt Resolution No. 07-062, entitled: "A Resolution of the City Council of the City of Poway, California, Renewing the Fire Protection Tax, the Street and Water and Sewer Assessments, and the Road Improvement Assessments to be Collected on the Property Tax Roll for Fiscal Year 2007-2008." Motion carried 4-0 with Mayor Cafagna absent. 4. Consideration of a Resolution Setting the Special Tax Rate and the Amount to be Levied on Property within the South Powav Community Facilities District No.1 for Fiscal Year 2007-2008. (0490-75) Tina White, Director of Administrative Services, presented the staff report. In December 1985, the City Council approved the formation of the South Poway Community Facilities District No. 1 pursuant to the provisions of the Mello Roos Community Facilities Act of 1982. The City Council authorized the issuance of $26,090,000 in 1998 Special Tax Refunding Bonds. Under the covenants of the bonds, it is necessary to hold a public hearing in order to establish the amount of the special tax to be assessed on property within the District for fiscal year 2007-2008. There were no public speakers. 8903 Page 5 - CITY OF POWAY - August 7, 2007 Motion by Councilmember Rexford, seconded by Councilmember Emery, to close the public hearing and adopt Resolution No. 07-063, entitled: "A Resolution of the City Council of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied on Property within the South Poway Community Facilities District NO.1 for Fiscal Year 2007-2008." Motion carried 4-0 with Mayor Cafagna absent. 5. Consideration of a Resolution Setting the Special Tax Rate and the Amount to be Levied on Property within the Communitv Facilities District No. 88-1 (Parkway Business Centre) for Fiscal Year 2007-2008. (0490-75) Tina White, Director of Administrative Services, presented the staff report. In October 1988, the City Council approved the formation of the Community Facilities District No. 88-1 (Parkway Business Centre) to provide for the issuance of special tax bonds to finance the construction and acquisition of certain public improvements within the District. The City Council authorized the issuance of $35,445,000 in 1998 Special Tax Refunding Bonds. Under the covenants of the bonds, it is necessary to hold a public hearing in order to establish the amount of the special tax to be assessed on property within the District for fiscal year 2007-2008. There were no public speakers. Motion by Councilmember Rexford, seconded by Councilmember Emery, to close the public hearing and adopt Resolution No. 07-064, entitled: "A Resolution of the City Council of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied on Property within the Community Facilities District No. 88-1 (Parkway Business Centre) for Fiscal Year 2007-2008." Motion carried 4-0 with Mayor Cafagna absent. STAFF REPORTS 6. Update on FY 06/07 Goals and Objectives. (0430-40) City Manager Gould presented the staff report. This is a status update of the Goals and Objectives for the past fiscal year, July 1, 2006 through June 30, 2007. He introduced City Attorney Foster, Departrnent Directors White, Clark, Haupt, Fuentes, and Fritz, Safety Services Division Chief Canavan, and City Clerk Shea, who provided an update of their respective department's goals and objectives for Fiscal Year 2006-07. There were no public speakers. The City Council received the reports as presented. 8904 Page 6 - CITY OF POW A Y - August 7, 2007 CONSENT CALENDAR Motion by Councilmember Rexford, seconded by Councilmember Emery, to approve the Consent Calendar, Items 7-9 and 12-14 as submitted. Motion carried 4-0 with Mayor Cafagna absent. Item 11 was removed from the Consent Calendar at the request of a member of the public wishing to address the issue. 7. Ratification of Warrant ReQister for the period June 25 through June 29, 2007 and July 2 through July 6,2007. (0475-20) 8. Ratification of Warrant ReQister for the period July 9 through July 13, 2007. (0475-20) 9. Approval of Minutes - City Council July 10,2007 Regular Meeting 11. Acceptance of the 2007 Semi-Annual Encampment Report. (0750-10) This item was removed from the Consent Calendar for public comment. Dee Fleischman, Poway, reported on a possible encampment in the Kent Trail area. Motion by Councilmember Rexford, and seconded by Councilmember Emery, to accept the report as submitted. Motion carried 4-0 with Mayor Cafagna absent. 12. Adoption of Resolution No. 07-065, entitled: "A Resolution ofthe City Council of the City of Poway, California, Establishing a No StoppinQ, StandinQ or ParkinQ Zone on the West Side of Budwin Lane and Installing a Stop Sign on the East Side of Budwin Lane at the Poway Unified School District Parking Lot Driveway." (0860-10) 13. Approval of City's Investment Report as of June 30, 2007. (0450-80) 14. Adoption of Resolution No. 07-066, entitled: "A Resolution ofthe City Council of the City of Poway, California, Finding that Housing Fund Monies Used Outside the Paguay Project Area for PlanninQ and Administrative Costs in FY 2007-08 will be of Benefit to the Paguay Project Area;" and adoption of Agency Resolution No. R-07-17, entitled: "A Resolution of the Poway Redevelopment Agency Finding that Planning and Administrative Costs to be Charged to the Housing Fund in FY 2007-08 are Necessary to Increase, Improve and Preserve the Supply of Low- and Moderate-Income Housing." (0260-10) 8905 Page 7 - CITY OF POWAY - August 7, 2007 MAYOR AND CITY COUNCIL-INITIATED ITEMS 17A. Homeless Shelter Update. (0140-05) Councilmember Emery and Director of Redevelopment Services Dena Fuentes gave an overview of a proposal from the Alliance for Regional Solutions, an organization of nonprofit organizations, proposing a regional shelter system in North County. Councilmember Emery and staff reported on their meetings with representatives from other North County cities. The City Council received the report. No action was taken. Councilrnember Emery requested that staff include "strike outs" and "highlights" in language changes when proposed zoning changes are brought to the Council for consideration. Council member Emery reported on his attendance at the League of California Cities Executive Forum relating to affordable housing. 20. Deputy Mayor Boyack thanked Community Services and Public Works for their hard work for the fabulous City's Volunteer Dinner held last week. She also asked staff to provide large paper maps for large projects presented at the Council meetings. ADJOURNMENT Deputy Mayor Boyack adjourned the meeting at 9:30 p.m. in fond memory of Sarah Tripp. rX~~YCle~ City of Poway, California 8906