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CC 2007 09-18 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEMBER 18, 2007 The September 18, 2007, Regular Meeting of the City Council ofthe 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, Bob Emery, Don Higginson, Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT Rod Gould City Manager Penny Riley Assistant City Manager Lisa Foster City Attorney Diane Shea City Clerk Patti Brindle Interim Director of Development Services Robert Clark Director of Community Services Kevin Haupt Director of Public Works Tina White Director of Administrative Services Mark Sanchez Director of Safety Services Todd E. Frank Sheriff's Captain Frank Casteleneto City Engineer Kristen Crane Assistant to the City Manager PLEDGE OF ALLEGIANCE Deputy Mayor Boyack led the pledge of allegiance. CITY COUNCILMEMBER ANNOUNCEMENTS . Poway Bob's Restaurant Review. Councilmember Emery gave a review of Yume Cafe Japanese Style Bistro located at 12642 Poway Road. . Council member Rexford reported that the bronzed sculpture, The Pioneers, at Templars Hall in Old Poway Park had been vandalized. She requested that staff look at ways to protect the sculpture and enforce the regulations relating to no glass containers and no smoking in parks. . Councilmember Rexford also reported that she had attended the Community Day Parade and the events that took place at Community Park. She commended staff for their hard work. 8924 Page 2 - CITY OF POWAY - September 18, 2007 PROCLAMATIONS AND AWARDS . Presentation of 15-Year Service Award to Marc LeDrew, Code Compliance Officer. Mayor Cafagna and Interim Director of Development Services Patti Brindle presented Marc LeDrew with his 15-year service award and thanked him for his service to the City. 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 people spoke: Scott Fisher, Principal of Poway High School, thanked the City Council and staff for the support of the high school's students, faculty, and endeavors over the years, and values the relationship they have with the City. Christi Lemire, Poway, said the Mitsubishi auto dealer is parking their cars on public streets, specifically Evanston Drive, a residential street. CONTINUED PUBLIC HEARINGS 1. Ordinance No. 659 - Re-Introduction of Ordinance, entitled: "An Ordinance of the City of Poway, California, Amending Chapter 8.68 of the Poway Municipal Code Concerning Solid Waste Management." (0380-90) Lisa Foster, City Attorney presented the staff report. On September 4, 2007 the City Council introduced and held the first reading of Ordinance No. 659. Councilmembers Emery and Rexford were not present at the first reading of the Ordinance. There was no public testimony. After the introduction of Ordinance 659 on September 4,2007, the City's consultant performing the National Pollutant Discharge Elimination System (NPDES) fee study recommended a minor change to the Ordinance. This recommended change adds "pollutants" to the existing definition of "Solid Waste" in the Ordinance. All other provisions of Ordinance 659 are the same as presented at the first reading on September 4,2007. There were no public speakers on this item. Motion by Council member Emery, seconded by Councilmember Rexford, to reintroduce the Ordinance, waive further reading, and continue the public hearing to October 2,2007 for second reading and adoption. Motion carried unanimously. 8925 Page 3 - CITY OF POWAY - September 18, 2007 PUBLIC HEARINGS 2. Ordinance No. 660 - First Reading, entitled: "An Ordinance ofthe City of Poway, California, Amending Title 5 of the Poway Municipal Code, Concerning Regulation of State Video Franchise Holders and Amending Section 17.52.050 related to Development Review." (0900-10) Lisa Foster, City Attorney, presented the staff report. This Ordinance establishes the City's rights and responsibilities with regard to State cable franchise holders under a new State law, AB 2987, also known as the Digital Infrastructure and Video Competition Act. The ordinance covers issues such as franchise fees and public programming fees, the City's ability to audit business records, and the City's ability to regulate the placement of facilities in the streets and rights-of-way. She reviewed and asked for approval of the resolution to adopt the "Guidelines for the Placement of Utility Facilities in the Public Rights-of-Way" as amended as follows: 1) Section 1 of the Guidelines - Statement and Purpose, the Public Utilities Code Section 7901.1 be added; and 2) Section 3 Guidelines for Locatinq Utilitv Facilities, Subsection B3 (e), to remove the comma between the words "curb" and "ramp" to reflect "curb ramp." Joe Gabaldon, Cox Communications, thanked staff for considering their concerns and suggestions. He commented on the difficulty with the requirement for a one-year plan of anticipated right-of-way work as they cannot always predict when new services will be required due to new development or damage to a cabinet. Brian Gray, AT&T, looks forward to bringing the new service in the least obtrusive places possible to the City. He spoke on the challenges his company will face with the guidelines, including submitting the one-year plan of anticipated work in the public right-of-way, providing a list of cabinet locations and specifications noting vendor changes, and ongoing landscaping maintenance around the boxes. Motion by Councilmember Emery, seconded by Councilmember Rexford, to adopt Planning Resolution No. P-07 -46, entitled: "A Resolution ofthe City Council ofthe City of Poway, California, Approving Guidelines for the Placement of Utility Facilities in the Public Rights-of-Way" as amended; waive further reading of the Ordinance; and continue the public hearing to October 2,2007 for second reading and adoption of the Ordinance. Motion carried unanimously. 3. Ordinance No. 661 - First Reading, entitled: "An Ordinance ofthe City of Poway, California, Amending Portions of Title 17 of the Poway Municipal Code Pertaining to Special Promotional Sales Events (Zoning Ordinance Amendment 07-04)." (0210-80) Patti Brindle, Interim Director of Development Services, presented the staff report. This is a request to amend the Zoning Ordinance to allow staff approval of seasonal nationwide or regional promotional parking lot sales events for nationwide businesses to occur up to 34 days for a single event instead of the current allowance of 5 days in any 60-calendar day period. In addition, staff is requesting that Council modify its current policy regarding staff approvals of annual community events. 8926 Page 4 - CITY OF POWAY - September 18, 2007 While the Zoning Ordinance currently allows staff approval of these events, it has been Council policy that these events be placed on the City Council Agenda under the Consent Calendar for approval. Staff requested that Council allow these annual events to be approved by staff: . Poway Chamber of Commerce Street Fair (twice per year) . Community Services Community Band Festival . Community Services Old Fashioned Fourth of July . Poway Chamber of Commerce & Community Services Annual Poway Days . Community Services Rendezvous in Old Poway Park . Community Services Train Song Festival . Community Services Christmas in the Park . Poway High School Annual Homecoming Parade on Titan Way There were no public speakers on this item. Motion by Councilmember Emery, seconded by Councilmember Higginson, to revise its current policy to allow staff approval of annual community events unless the event is significantly changed over what has been approved in the past; and to waive further reading of the Ordinance, and continue the public hearing to October 2, 2007 for second reading and adoption of the Ordinance. Motion carried unanimously. 4. Ordinance No. 662 - First Reading, entitled: "An Ordinance ofthe City of Poway, California, Amending Sections 17.10.060 and 17.42.030 ofthe Poway Municipal Code Concerning Physical Fitness (Zoning Ordinance Amendment 07-05)." (0210-80) Patti Brindle, Interim Director of Development Services, presented the staff report. This is a request to amend the Zoning Ordinance to require a Minor Conditional Use Permit or a Conditional Use Permit for physical fitness centers in order to allow site- specific operational standards that will address potential traffic, parking noise, and other neighborhood compatibility issues, while still ensuring reasonable flexibility for fitness centers in Poway. There were no public speakers on this item. Motion by Councilmember Rexford, seconded by Deputy Mayor Boyack, to waive further reading and continue the public hearing to October 2,2007 for second reading and adoption. Motion carried unanimously. 5. Minor Conditional Use Permit (MCUP) 07-02 and Development Review (DR) 07- 01: Amy and Randy DeLue and RAALI, LLC, Applicants. A request for approval to establish a 1 0,294-square-foot fitness center with the construction of a 2,325- square-foot addition that joins two existing buildings totaling 7,969 square feet. The subject property is located at 13864 Poway Road, within the Automotive/General Commercial zone and the Poway Road Specific Plan area. APN: 323-201-22. (0210-50) 8927 Page 5 - CITY OF POWAY - September 18, 2007 Oda Audish, Associate Planner, Development Services, presented the staff report. This is a proposal to establish a 10,294-square-foot fitness center that includes a proposed 2,325-square-foot addition to join two existing buildings into one structure. The subject property is located at 13864 poway Road, within the Automotive/General Commercial zone and the Poway Road Specific Plan area. Also on this agenda, as Item 4, is Zoning Ordinance Amendment 07 -05, that was approved by the City Council during first reading of the Ordinance, and would require a Minor Conditional Use Perr:nit for this particular use and establishes parking standards for fitness centers. The following people spoke on this issue: Christie Lemire, Poway, said she is concerned with business patrons parking on Evanston Drive, a residential street, and would like to be able to park on her own street. Randy DeLue and Amy DeLue, applicants, spoke in support of their project and answered the City Council's questions. There were 11 speaker slips submitted by individuals in support of the project, but not wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember Emery, to close the public hearing and adopt Planning Resolution No. P-07 -47, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Minor Conditional Use Permit 07-02, and Development Review 07-01, Assessor's Parcel Number 323-201- 22;" and directed staff to bring back a list of current uses allowed in the Automotive/General Commercial Zone for City Council review. Motion carried unanimously. 6. Variance (VAR) 07-11; Burton Israel, Owner. A request for approval to allow approximately 15.8 square feet of a 131-square-foot addition to encroach 2.75 feet into the required 25-foot front yard setback for an existing single-family residence located at 17739 St. Andrews Drive, within the Residential Single- Family 4 zone. APN: 273-124-09. (0210-70) This is a request for the approval of a Variance to allow approximately 15.8 square feet of a 131 square foot addition to encroach 2.75 feet into the required 25-foot front yard setback. The addition will match the existing building line by enclosing an existing roofed area that is located in front of the front door of the house and extends from the garage to a decorative wall at the front of the house. This will also match the existing legal nonconforming setback of the existing garage and entry area. The addition consists of a powder room of an expanded interior hallway entrance. There were no public speakers on this item. 8928 Page 6 - CITY OF POWAY - September 18, 2007 Motion by Councilmember Higginson, seconded by Deputy Mayor Boyack, to close the public hearing and adopt Planning Resolution No. P-07-48, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Variance 07-11 Assessor's Parcel Number 273-124-09." Motion carried unanimously. 7. Variance IV ARI 07-10 and Minor Development Review Application IMDRAI 07 -32; Andrew Glatt and Katherine Thompson, Owners. A request for approval to add 758 square feet of living area to an existing single-family residence and a 460- square-foot detached pool house. The residence is located at 13126 Silver Saddle Lane, within the Rural Residential C zone. The project includes a Variance to allow 290 square feet of the new living area to encroach 9 feet into the required 40-foot front yard setback. APN: 275-630-02. (0210-70) Patti Brindle, Interim Director of Development Services, presented the staff report. This is a request for approval of Minor Development Review Application 07-32 and Variance 07-10 to allow 290 square feet of a 758 square foot addition to observe a 31- foot setback rather than the required 40-foot front yard setback. The garage for the house currently observes a legal nonconforming setback of 30 feet because the house was built prior to the establishment of current zoning standards. The application also includes a request for a 460-square-foot, detached pool house in the back yard that meets the required setbacks. The Minor Development Review Application is being brought before the City Council because it involves a Variance request. Lee Tartre, Poway, said there is no need for a variance if the applicant relocates his proposed addition to a different part of the lot. Granting the requested variance will detrimentally change the character and uniqueness of Green Valley. Motion by Councilmember Emery, seconded by Councilmember Higginson, to close the public hearing and adopt Planning Resolution No. P-07 -49, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Variance 07-10 and Minor Development Review Application 07-32, Assessor's Parcel Number 275-630- 02." Motion carried unanimously. STAFF REPORTS 8. Pre-Development Conference (PDC) 07-02; Mr. and Mrs. Jim Bremner, Applicant/Property Owner. A request for City Council comment on a proposed extra-territorial water agreement and the subdivision of a 20.2-acre parcel into two parcels. The property is located at 15011 Highland Valley Road. APN: 276- 070-32. (0200-30) At the request of the applicant, this item was removed from the agenda for staff to review additional information submitted on the project. This item will be brought back to the City Council at a later date if appropriate. 8929 Page 7 - CITY OF POWAY - September 18, 2007 9. Revised design and cost for the Farmers Market Parkinq Lot. APN: 314-212-02 and 03. (0700-10) Frank Castelleneto, City Engineer, presented the staff report. On April 3, 2007, the City Council approved the award of a construction contract to Daley Corporation for the Improvements to Midland Road, Adrian Street, Temple Street, Edgemoor Street, and an Unnamed Street (Midland Road Improvements Project) in the amount of $5,558,413.30. At that time, the improvements to the Farmers Market Parking Lot were not included in the project. Staff reported on the proposed parking lot improvements and estimated the cost to be $750,000. The City Council directed staff to investigate a scaled-down design for the parking lot improvements and bring the item back for review and approval. Staff developed a parking lot improvement plan with reduced paving, landscaping and lighting. The revised cost provided by Daley Corporation, with some minor adjustments made by staff for parking lot design, is $466,000. Dee Fleischman, Poway, commented on several areas of the project, including her recommendation to use a mix of trees, inquiring why the boardwalk was not included in this plan, and recommending the chip-seal should match the parking lot at Aubrey Park. Motion by Councilmember Rexford, seconded by Councilmember Emery, to approve the proposed plan for the improvements to the Farmers Market Parking Lot with the placement of thirty (30) 24-inch Ornamental Pear trees in place of the Magnolia trees; and directed staff to add the improvements of the Farmers Market Parking Lot to the Midland Road Improvement Project by contract change order. Motion carried unanimously. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Deputy Mayor Boyack, to approve the Consent Calendar, items 10, 11, 13-15 as submitted. Motion carried unanimously. 10. Ratification of Warrant Register for the period August 20 through August 24, 2007. (0475-20) 11. Approval of Minutes - City Council September 4, 2007 Regular Meeting 13. Adoption of Resolution No. P-07 -50, entitled: "A Resolution of the City Council ofthe City of Poway, California, Approving Temporarv Use Permit 07-56 to Hold the Rendezvous in Poway 2007" from September 21-23, 2007 at Old Poway Park located at 14134 Midland Road. APN: 314-202-19 (0210-60) 14. Acceptance of the ADA Barrier Removal Proiect from New Century Construction, Inc.; authorize the City Clerk to record the Notice of Completion; and release the Material and Labor Bond and the Faithful Performance Bond in the amount of $57,990. (0700-10) 8930 Page 8 - CITY OF POWAY - September 18, 2007 15. Approval of Consultant Aareement with Koff & Associates in the amount of $98,460 to conduct a classification and compensation study. (0700-10) CITY MANAGER ITEMS 16. Mr. Gould said Poway Safety Services was dispatched out two times during the past week, first to Pine Valley and then immediately upon their return, they were dispatched to the Angel Fire in the Julian area. He encouraged residents to take all possible steps in vegetation management and fire prevention around their homes and property. He urged residents to call the Poway Fire Department if they need any information. CITY ATTORNEY ITEMS 17. City Attorney Foster requested a Closed Session for the following items: A. PUBLIC EMPLOYEE EVALUATION Government Code S54957 Title: City Clerk B. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION AUTHORITY: Gov. Code Section 54956.9a NAME OF CASE: Basile, Cannon, et al. v. City, et al. Superior Court Case No. 73252 MAYOR AND CITY COUNCIL-INITIATED ITEMS: 18. Councilmember Emery congratulated staff on a successful Community Day event and parade. In reviewing a City Council meeting on television, he noticed that more lighting is needed on the staff areas as appear very dark to the viewer. He reported on a State official who recently suggested that any new housing be energy neutral. Councilmember Emery said this idea should be expanded to include any new growth in California should be water-neutral and energy-neutral, and suggested that SANDAG consider this when looking at new growth in the region, in relation to what resources are available, particularly during this time of water and energy conservation. CLOSED SESSION: Mayor Cafagna called for a Closed Session at 9:22 p.m. as requested by City Attorney Foster and adjourned in to Closed Session. CALL TO ORDER ADJOURNMENT AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 9:50p.m, with all Councilmembers present, except Councilmember Rexford, who was disqualified from participating in item 17B due to a personal financial interest and left the Closed Session room and Council Chambers after item 17 A. There was no reportable action taken on the Closed Session items. Maym Cafa,oo adioomed the meef;"" ,,51 p.mM ~~ L. Diane Shea, City Clerk City of Poway, California 8931