CC 2005 01-11
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JANUARY 11, 2005
The January 11, 2005, Regular Meeting of the City Council of the City of Poway,
was called to order at 7:00 p.m. by Mayor Cafagna at the City Council Chambers,
13325 Civic Center Drive.
COUNCILMEMBERS PRESENT
Bob Emery, Don Higginson, and Mickey Cafagna
COUNCILMEMBERS ABSENT
Merrilee Boyack and Betty Rexford
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Tamara Smith
Diane Shea
Warren Shafer
Robert Clark
Niall Fritz
Jim Howell
Deborah Johnson
Mark Sanchez
Charlie Campe
Dennis Quillen
Dan Cannon
Javid Siminou
Patti Brindle
Kristin Crane
Paolo Romero
FLAG SALUTE
City Manager
Assistant City Manager
City Attorney
City Clerk
Director of Administrative Services
Director of Community Services
Director of Development Services
Director of Public Works
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
Assistant Director of Public Works
Operations Manager
City Engineer
City Planner
Senior Management Analyst
Management Assistant
Deputy Mayor Emery led the flag salute.
PUBLIC ORAL COMMUNICATIONS
Ed Schaefer, 15151 Crocker Road, Poway, addressed his concerns with rain, drainage
and erosion issues on private roads.
Barbara Lerma, 12877 Carriage Road, Poway, complimented staff and Council for
support and encouragement of arts in the City.
Jay Goldby, 13237 Casa Vista, Poway, encouraged Council's support of funding of the
Senior Center.
Perry DiCarlo, 12806 Herencia Drive, Poway, spoke on behalf of many residents of
Poway Royal Estates who want to purchase the mobile home park.
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Larry Harper, 38677 Via Azul, Murrietta, supports concept of residents purchasing
mobile home park.
CONSENT CALENDAR - NOTICE TO PUBLIC
Motion by Deputy Mayor Emery, and seconded by Council member Higginson, to
approve the Consent Calendar as follows:
3. Approval of Final Map for Tentative Parcel Map (TPM) 04-01 and acceptance of
the additional street right-of-way for Cicero Way for public access. McCullough-
Ames Development, Inc., Applicant. APN: 323-201-02
(0200-50)
Motion carried 3/0, with Council members Boyack and Rexford absent.
NEW PUBLIC HEARINGS
ITEM 1 (0650-50)
ORDINANCE (# not assigned) / FIRST READING
AMENDING SECTION 12.32
POWAY MUNICIPAL CODE
ACCEPTED URBAN FORESTRY PRACTICES
Mayor Cafagna opened the public hearing and City Manager Bowersox presented the
staff report. The City of Poway Urban Forestry Ordinance, Chapter 12.32 of the Poway
Municipal Code, was last amended in April 2000. The proposed Ordinance clarifies
certain definitions, addresses public and private responsibilities for tree care, and
provides penalties for violations.
The following persons spoke concerning this hearing.
Cindy Gagliano, spoke also on behalf of John Gagliano, 14455 Twin Gables Court,
Poway, opposed the ordinance.
Dee Fleishman, 14428 Midland Road, and member of the Tree Committee, supported
the ordinance.
Fred Zuill, 13636 Outlook Road, Poway, opposed the ordinance and expressed
concerns of the impact of heritage tree that he shares with his neighbors.
Motion by Deputy Mayor Emery, and seconded by Councilmember Higginson to take
the matter off calendar. Council directed the issue be referred back to staff and the
Tree Committee to look at issues of penalties, the framework of designation of heritage
trees and the restriction of use in association with heritage trees. This item to be
brought back on a future agenda. Motion carried 3-0, with Councilmembers Boyack and
Rexford absent.
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ITEM 2 (0210-50)
MINOR CONDITIONAL USE PERMIT 04-05
APPLICANT: MR. & MRS. JOHN SMITH
Mayor Cafagna opened the public hearing and City Manager Bowersox presented the
staff report. A Minor Conditional Use Permit is requested to permit the installation of
lights at an approved tennis court located at a residence currently under construction on
Lot 37 within the Heritage II development, at 18740 Heritage Drive, within the Rural
Residential A (RR-A) Zone. APN 277-220-37.
There was no one present wishing to speak.
Motion by Council member Higginson, seconded by Deputy Mayor Emery, to close the
public hearing and adopt Planning Resolution P-05-01, approving with conditions.
Motion carried 3-0, with Council members Boyack and Rexford absent.
STAFF REPORTS
ITEM 2A (0430-20)
FUNDING CONTRIBUTION
INDIAN OCEAN TSUNAMI VICTIMS
City Manager Bowersox reviewed the staff report and recommended that Council
appropriate $25,000 of unappropriated fund balance to the Community Relations
account (100-0010-4904) and direct staff to make a $25,000 contribution toward the
American Red Cross International Response Fund.
Motion by Deputy Mayor Emery and seconded by Councilmember Higginson to approve
the City Manager's recommendation. Motion carried 3-0, with Councilmembers Boyack
and Rexford absent.
CITY MANAGER ITEMS
4. City Manager Bowersox reported on the Governor's Budget unveiled on Monday,
and gave an assessment of rain and flood damage to the City with recent storms.
Damage was minimalized due to the efforts of Public Works and Safety Services
departments.
CITY ATTORNEY ITEMS
5. Closed Session: City Attorney Smith requested the following Closed Session. A
report out would be given.
Conference with Legal Counsel
Pending Litigation under Government Code 954956.9(b)(3)(c)
Sikand Claim
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MAYOR AND CITY COUNCIL-INITIATED ITEMS
8. Council member Higginson expressed his appreciation for the work done by Don
Cannon, Public Works, and Dee Fleishman and the Tree Committee on the
ordinance discussed earlier relating to trees.
9. Deputy Mayor Emery commended Public Works for their efforts to mitigate
damage from rains and flooding.
10a. Mayor Cafagna asked for Council concurrence for the reappointment of Mayor
Cafagna as member, and Deputy Mayor Emery and Councilmember Higginson
as alternates to the SANDAG Board; and reappointment of Deputy Mayor Emery
as member and Mayor Cafagna the alternate to MTS Board. Council concurred.
Councilmembers Boyack and Rexford absent.
CLOSED SESSION
Mayor Cafagna called for Closed Session at 8:05 p.m., as requested by City Attorney
Smith.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 8:37 p.m. with all members present,
except Councilmembers Boyack and Rexford absent.
City Attorney Smith reported that there was no reportable action from the closed
session.
ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:40 p.m.
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L. Diane Shea, City Clerk
City of Poway
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