Loading...
CC 2007 01-16 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JANUARY 16, 2007 The January 16, 2007, Regular Meeting of the City Council of the City of Poway, was called to order at 7:07 p.m. by Mayor Cafagna at the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford and Mickey Cafagna COUNCILMEMBERS ABSENT None STAFF MEMBERS PRESENT Rod Gould Penny Riley Lisa A. Foster Diane Shea Niall Fritz Robert Clark Jim Howell Dena Fuentes Tina White Mark Sanchez Todd E. Frank Frank Casteleneto Patti Brindle Kristen Crane 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 Captain City Engineer City Planner Assistant to the City Manager Management Analyst Deputy Mayor Boyack led the pledge of allegiance. CITY COUNCILMEMBER ANNOUNCEMENTS . Poway Bob's Restaurant Review. Councilmember Emery gave an excellent review of Cafe Merlot operated by former Chamber of Commerce Director Toni Kraft. . Councilmember Emery commented on the positive television coverage of fire services in Poway. . Councilmember Rexford inquired of the Council meeting summer schedule; and spoke on her legislative work with the League of California Cities and Contract Cities. 8786 Page 2 - CITY OF POWAY - January 16, 2007 . Councilmember Higginson announced that Jordan Bert, previously a Poway High School student now attending Chapman College, wrote, produced and directed a film "The Silent" which will premier on January 25 at 7:00 p.m. at the Poway Center for the Performing Arts and encouraged all to attend. . Council member Boyack thanked staff for their presentation on redevelopment to the Poway Community Leadership Institute, including a walking tour of the Old Poway area. PRESENTATIONS . Presentation of Certificates of Appreciation to Past Budget Review Committee members: Joe Balding, Jeff Figler, Jeff Lake (absent), Kevin McNamara, and John Riley. Mayor Cafagna presented the certificates. . Presentation to Poway's First Baby, Eliana Noelle Martinez, born on January 2, 2007 at 7:11 a.m. The Martinez family was not present. 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. There were no speakers. CONTINUED PUBLIC HEARINGS 1. A. Ordinance No. 649, Second Reading, entitled: "An Ordinance ofthe City of Poway, California, Approving Specific Plan Amendment (SPA) 84- 01WWW to the South Poway Specific Plan to Change the Land Use Designation on Property Located at the Southeast Corner of Scripps Poway Parkway and Gateway Place. APNs: 323-091-06 and 323-482-12;" B. Approval of a Tentative Parcel Map (TPM) 06-04 for a 4-lot subdivision of the site; C. Approval to grade manufactured slopes over 30-feet in height on the property generally located at the southeast corner of Scripps Poway Parkway and Gateway Place. Slough Estates, USA, Applicant. APN: 323- 091-06 and 323-482-12 (Continued from January 2,2007, Item #2) (0220-60) Motion by Deputy Mayor Boyack, seconded by Councilmember Higginson, to continue the public hearing to March 13, 2007. Motion carried unanimously. Nick Stavros, Poway, objected to the project and requested a written interpretation from the City Attorney giving justification for the zone change. 8787 Page 3 - CITY OF POWAY - January 16, 2007 Joe St. Lucas, Poway, objected to the project and would like to see the open space preserved. Barbara Diedericks, Poway, objected to the project and the reduction of open space. 2. Variance (VAR) 06-09; Gary Kite, Applicant. A request for a Variance approval to allow: (1) two 8-foot-high retaining walls when the maximum height permitted in the zone is 6 feet; (2a) a series of up to four parallel retaining walls when the maximum number permitted in the zone is two; (2b) a series of three parallel retaining walls when the maximum number permitted in the zone is two; (3) allow the distance between retaining walls to be 2 feet in some areas when a minimum separation of 5 feet is required in the zone; (4) allow parking within the 18-foot required front yard setback area; and (5) allow 57% of the 18-foot required front yard setback to be paved when the maximum amount of paved surface permitted in the zone is 50%. The subject property is located at 13844 Pomerado Road within the Residential Single Family-7 (RS-7) zone. (Continued from December 19, 2006, Item #5) (0210-70) Development Services Director Niall Fritz presented the staff report. This item was continued from the City Council meeting of December 19, 2006, to allow the applicant additional time to reduce the scope of the requested Variance. The applicant is requesting a Variance approval to allow the following: (1) two 8-foot-high retaining walls when the maximum height permitted in the zone is 6 feet; (2a) a series of four parallel retaining walls when the maximum number permitted in the zone is two; (2b) a series of three parallel retaining walls when the maximum number permitted in the zone is two (3) allow the distance between retaining walls to be 2 feet in some areas when a minimum separation of 5 feet is required in the zone; (4) allow parking within the18-foot required front yard setback area; and (5) allow 57% of the 18-foot required front yard setback to be paved when the maximum amount of paved surface permitted in the zone is 50%. The subject property is located at 13844 Pomerado Road within the Residential Single-Family 7 (RS-7) zone. Gary Kite, Poway, expressed his efforts to comply with City regulations. Motion by Deputy Mayor Boyack, seconded by Council member Rexford, to close the public hearing and adopt Planning Resolution No. P-07-01, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Variance (VAR) 06-09, Assessor's Parcel Number 314-133-36" that approves Items 2a and 3 of Variance 06- 09. Motion carried 4-1 with Councilmember Emery voting "no." PUBLIC HEARINGS 3. A. Ordinance No. 650, First Reading, entitled: "An Ordinance of the City of Poway, California, Changing the Zoning Classification of Certain Properties (ZC 06-01) APN: A Portion of 321-110-02;" 8788 Page 4 - CITY OF POWAY - January 16, 2007 B. General Plan Amendment (GPA) 06-01 to change the existing General Plan Land Use designation of the site from RR-A to Planned Community (PC) to allow for the development with one-net acre minimum lot sizes in a "clustered" configuration; C. Specific Plan Amendment (SPA) 89-01A to amend the Old Coach Golf Estates Specific Plan to incorporate the 122.5-acre site into the Specific Plan boundary; and, D. Tentative Tract Map (TTM) 06-02 to resubdivide the five parcels into five "numbered" residential lots, which range in size from approximately one net acre to 3.5-net acres, and 2 "lettered" lots; one approximately 0.75- acre lot for the private road and one approximately 111-acre lot for the purpose of permanently preserving existing natural open space area. Sunroad Enterprises, Applicant. APNs: 277-071-05, 14, 15, 16 and 277-080-04 (0220-60) Mayor Cafagna opened the public hearing. Development Services Director Niall Fritz provided the staff report. The project involves the following development entitlements: (1) a General Plan Amendment to change the existing General Plan land use designation of a 122.5-acre site located east of Old Coach Road, approximately one mile north of Espola Road, from Rural Residential A to Planned Community to allow for the development of one-net acre minimum lot sizes in a "clustered" configuration, (2) first reading of an Ordinance to change the existing zoning designation of the site from Rural Residential A to Planned Community, (3) a Specific Plan Amendment to amend the Old Coach Specific Plan to incorporate the 122.5-acre site into the Specific Plan boundary, and (4) a Tentative Tract Map to re-subdivide the five parcels into five residential lots, which range in size from approximately one-net acre to 3.5-net acres, and two open space lots; one approximately 0.75-acre lot for the private road and one approximately 111-acre lot. Bruze Tarzy, representing the Green Valley Civic Association, Poway, objected to the project and recommended the City Council require an Irrevocable Offer of Dedication. Tom Story, representing Sunroad Enterprises expressed his willingness to come back in the future regarding the remaining 8 acres with the understanding that the City Council does not support development on the parcel. Motion by Councilmember Emery, seconded by Deputy Mayor Boyack, to waive further reading of the ordinance and continue the public hearing to February 6, 2007 for second reading and adoption of the ordinance. Motion carried 4-1 with Councilmember Emery voting "no." 8789 Page 5 - CITY OF POWAY - January 16, 2007 4. Hillside/RidQeline Minor Development Review Application (MDRA) 06-30; John Galkowski, Applicant. A request for approval for a 5,962-square-foot, single- story residence, a 1, 120-square-foot attached garage, and an unlighted tennis court on a 5.83-acre site, located at 12735 Gate Drive in the Rural Residential C (RR-C) zone. APN: 323-290-12. (0200-25) Mayor Cafagna opened the public hearing. Development Services Director Niall Fritz presented the staff report. The applicant is requesting the approval of a Minor Development Review Application to construct a 5,962-square-foot, single-story, single- family residence, with an attached 1, 120-square-foot garage, and an unlighted tennis court on a 5.83-acre property located at 12735 Gate Drive. The property is zoned Rural Residential C (RR-C) and located within the Hillside/Ridgeline Review Area. Motion by Councilmember Emery, seconded by Deputy Mayor Boyack, to close the public hearing and adopt Planning Resolution No. P-07-02, entitled: "A Resolution of the City Council of the City of Poway, California Approving Minor Development Review Application (MDRA) 06-30, Assessor's Parcel Number 323-290-12." Motion carried unanimously. STAFF REPORTS 5. Fiscal Year 2006-2007 Midvear Evaluation and Financial Program Amendments. (0430-40) City Manager Gould gave an introduction. Deputy Director of Administrative Services Peter Moote provided the staff report. Each budget year, all City Departments perform a budget review at the midpoint to determine if budget adjustments are required. He summarized the findings of the review. City Manager Gould, City Attorney Foster, Department Directors White, Clark, Fritz, Sanchez, Howell, Fuentes and City Clerk Shea provided an overview on the progress of their respective department's goals as established at the June 20, 2006 City Council meeting. Motion by Deputy Mayor Boyack, seconded by Council member Higginson, approving the Midyear Amendments and adoption Resolution No. 07-004, entitled: "A Resolution of the City Council of the City of Poway, California Approving Midyear Amendments to the City's Financial Program for Fiscal Year 2006-2007" and Resolution No. R-07-01, entitled: "A Resolution of the Poway Redevelopment Agency Approving Midyear Amendments to the Agency's Financial Program for Fiscal Year 2006-2007. Motion carried unanimously. 8790 Page 6 - CITY OF POWAY - January 16, 2007 6. Consideration of Approval of Appropriation and Benefit Resolutions (City and Agency) for the City of Poway/Poway Redevelopment Agency Capital Improvement Program. (0430-50) Administrative Services Director Tina White provided the staff report. At the November 14,2006 Council Workshop, the City Council reviewed the City and Redevelopment agency two-year capital improvement program. The proposed program focuses on projects that are currently fully or partially funded, with the goal of completing them in the next two years. Motion by Councilmember Higginson, seconded by Council member Rexford, adopting the following Resolutions, entitled: Resolution No. R-07-02, entitled: "A Resolution of the Board of Directors of the Poway Redevelopment Agency Regarding its Intention to Issue Tax-Exempt Obligations;" Resolution No. 07-005, entitled: "A Resolution of the City Council of the City of Poway, California, Approving a Revised Capital Improvement Program Budget for Fiscal Year 2007-2008;" Resolution No. R-07-03, entitled: "A Resolution of the Poway Redevelopment Agency Approving a Revised Capital Improvement Program Budget for Fiscal Year 2007- 2008;" Resolution No. 07-006, entitled: "A Resolution of the City Council of the City of Poway, California Determining that the Espola Road Pipeline (Titan to Twin Peaks) Project is of Benefit to the Paguay Redevelopment Project;" Resolution No. 07-007, entitled: "A Resolution of the City Council of the City of Poway, California Determining that the Espola Road - Titan/Espola Turn Lane Project is of Benefit to the Paguay Redevelopment Project;" Resolution No. 07-008, entitled: "A Resolution of the City Council of the City of Poway, California Determining that the Midland Road Improvements Project is of Benefit to the Paguay Redevelopment Project;" Resolution No. 07-009, entitled: "A Resolution of the City Council ofthe City of Poway, California Determining that the Oak Knoll Sewer Project is of Benefit to the Paguay Redevelopment Project;" Resolution No. 07-010, entitled: "A Resolution of the City Council of the City of Poway, California Determining that the Poway Grade Mina De Oro Project is of Benefit to the Paguay Redevelopment Project;" Resolution No. 07-011, entitled: "A Resolution of the City Council of the City of Poway, California Determining that the Valley School Improvements Project is of Benefit to the Paguay Redevelopment Project;" 8791 Page 7 - CITY OF POWAY - January 16, 2007 Resolution No. R-07-04, entitled: "A Resolution of the Poway Redevelopment Agency Determining that the Espola Road Pipeline (Titan to Twin Peaks) Project is of Benefit to the Paguay Redevelopment Project" Resolution No. R-07-05, entitled: "A Resolution of the PowayRedevelopmentAgency Determining that the Espola Road - Titan/Espola Turn Lane Project is of Benefit to the Paguay Redevelopment Project;" Resolution No. R-07 -06, entitled: "A Resolution of the Poway Redevelopment Agency Determining that the Midland Road Improvements Project is of Benefit to the Paguay Redevelopment Project;" Resolution No. R-07-07, entitled: "A Resolution of the Poway Redevelopment Agency Determining that the Oak Knoll Sewer Project is of Benefit to the Paguay Redevelopment Project;" Resolution No. R-07-08, entitled: "A Resolution of the City Council of the Poway Redevelopment Agency Determining that the Poway Grade Mina De Oro Project is of Benefit to the Paguay Redevelopment Project;" and, Resolution No. R-07 -09, entitled: "A Resolution of the Poway Redevelopment Agency Determining that the Valley School Improvements Project is of Benefit to the Paguay Redevelopment Project" Motion carried unanimously. 7. Award of Bid for the Norwalk Street, York Avenue and Sycamore Avenue Improvement Project. (0700-10) This improvement project is intended to upgrade and improve Norwalk Street, York Avenue and Sycamore Avenue. The scope of work includes the construction of curb and gutter, concrete sidewalks, asphalt pavement, storm drain improvements, sanitary sewer improvements and the installation of streetlights. Additional work includes a Pressure Reducing Station and a CDS StormwaterTreatment Unit. The contract time for this project is 100 working days with an Engineer's estimate of $1,650,000 to $1,800,000. Motion by Councilmember Higginson, seconded by Councilmember Emery, approving the award of bid to Daley Corporation for the Norwalk Street, York Avenue and Sycamore Avenue Improvement Project. Motion carried unanimously. CONSENT CALENDAR Motion by Councilmember Rexford, seconded by Deputy Mayor Boyack to approve the Consent Calendar, Items 8, 9, 11, 12, 14 and 15. Motion carried unanimously. 8792 Page 8 - CITY OF POWAY - January 16, 2007 8. Ratification of Warrant ReQisters for the periods of December 11 through December 15 and December 18 through December 22,2006. (0475-20) 9. Approval of Minutes - City Council December 26, 2006 Canceled Regular Meeting January 2, 2007 Regular Meeting January 4, 2007 Canceled Adjourned Regular Meeting January 9, 2007 Canceled Regular Meeting 11. Approval of a Community Contribution in the amount of $1,000 for the Poway High School Choral Boosters. (0160-10) 12. Approval of Consultant AQreement with Infrastructure Engineering Corporation in an amount not to exceed $207,167 for engineering design services for the Oak Knoll Trunk Sewer Project. (0700-10) 14. Appropriation to the Midland Road Improvement Proiect and the Adoption of Resolution No. 07-012, entitled: "A Resolution of the City Council of the City of Poway, California, Determining that the Road Improvement, Sewer and Storm Drainage Projects Adjacent to the Proposed Brighton Affordable Housing Project are of Benefit to the Paguay Redevelopment Project and Authorizing Payment of Agency Low and Moderate Income Housing Funds Therefore;" and, Resolution No. R-07-10, entitled: "A Resolution of the Poway Redevelopment Agency, Determining that the Road Improvement, Sewer and Storm Drainage Projects Adjacent to the Proposed Brighton Affordable Housing Project are of Benefit to the Paguay Redevelopment Project and Authorizing Payment of Agency Low and Moderate Income Housing Funds Therefore." APNs: 314-202-16 thru 30, 314-212-02 thru 07 and 314-220-02, 03, 34 and 35. (0620-40) 15. Approval of Consultant AQreement with Raftelis Financial Consultants. Inc., in the amount of $25,000 to conduct a review of alternative methods for charging residential sewer fees. (0700-10) CITY MANAGER ITEMS 16. Mr. Gould said that the Governor released his proposed 2007-08 state budget and that it appears to help cities, although the Legislature still has a turn to make revisions. CITY ATTORNEY ITEMS 17. City Attorney Foster requested a closed session for the following: A. PUBLIC EMPLOYEE EVALUATION Government Code ~54957 Title: City Manager 8793 Page 9 - CITY OF POW A Y - January 16, 2007 MAYOR AND CITY COUNCIL-INITIATED ITEMS 22. Mayor Cafagna announced the January 20th 10:30 ceremony opening of the Pomerado Bridge over 1-15 sponsored by Caltrans and SANDAG. CLOSED SESSION Mayor Cafagna called for a Closed Session at 9:22 p.m., as requested by the City Attorney. CALL TO ORDER AND ADJOURNMENT . Mayor Cafagna called the meeting back to order at 9:57 p.m., with all Councilmembers present. There was no reportable action taken in Closed Session. ADJOURNMENT - Mayor Cafagna adjourned the meeting at 9:57 p.m. L. Diane Shea, City Clerk City of Poway, California 8794