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