CC 2004 12-14
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
DECEMBER 14, 2004
The December 14,2004, 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, Poway, California.
COUNCILMEMBERS PRESENT
Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
Jim Bowersox
Penny Riley
Tamara Smith
Diane Shea
Robert Clark
Jim Howell
Deborah Johnson
Mark Sanchez
Charlie Campe
Warren Shafer
Niall Fritz
Patti Brindle
Javid Siminou
Kristen Crane
Paolo Romero
Tom Howard
Dennis Quillen
Leslie Hoffman
Jonathan Smith
City Manager
Assistant City Manager
City Attorney
City Clerk
Director of Community Services
Director of Public Works
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
Director of Administrative Services
Director of Development Services
City Planner
City Engineer
Senior Management Analyst
Management Assistant
Utilities Manager
Assistant Director of Public Works
Management Analyst
Assistant Engineer I
FLAG SALUTE
Deputy Mayor Emery led the flag salute.
OATH OF OFFICE
City Manager Bowersox administered the Oath of Office to Diane Shea, City Clerk.
PRESENTATION
A. Mayor Cafagna presented Service Award to Mike Swanson, Fire Engineer (30
Years) and Tim Carle, Fire Captain (30 Years).
B. Tom Howard, Utilities Manager, gave a presentation on the Fat, Oil, and Grease
(FOG) Program.
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C. Mayor Cafagna presented a proclamation to Ray Gross, Executive Director of the
Designated Drivers Association in recognition of "National Drunk & Drugged Driving
Prevention Month.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications.
Dee Fleischman, 14428 Midland Road, expressed her views on Aubrey Park.
Connie Messina, 12643 Oak Knoll Road, expressed her views on affordable housing.
CONSENT CALENDAR
Motion by Deputy Mayor Emery, and seconded by Councilmember Rexford to approve the
Consent Calendar as follows:
6. Ratification of Warrant Register for the periods of November 8-12, 2004.
(0475-20)
7. Approval of Minutes - City Council
November 30, 2004 Regular Meeting
December 2, 2004 Canceled Adjourned Regular Meeting
December 7,2004 Regular Meeting
9. Approval of City's Investment Report as of October 31,2004.
10. Rejection of an Application for Leave to Present a Late Claim from Carol Long and
Rejection of Claims Against the City (2) - Kenneth Lee Roberts and Joseph
Valentino.
11. Adoption of Local Appointment List.
(0740-75)
12. Approval of Retainer Agreement with Phillips & Cohen to represent the City in State
of California ex rei. Armenta. V. James Jones Company, et al. (0700-10)
Motion carried 5-0.
CONTINUED PUBLIC HEARING
ITEM 1 (0210-80/#616)
ORDINANCE NO. 616/SECOND READING
ZONE CHANGE (ZC 04-02)
APN 321-11002 AND
AMENDMENT OF LAND USE ELEMENT
OF THE GENERAL PLAN
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Mayor Cafagna opened the public hearing and read the title of Ordinance No. 616, entitled
"An Ordinance of the City Council of the City of Poway, California, Changing the Zoning
Classification of Certain Properties (ZC 04-02 APN: A Portion of 321-110-02." This item
was continued from November 30, 2004 (Item #2).
Mayor Cafagna said this hearing also includes adoption of Resolution No. 04-103, entitled
"A Resolution of the City Council of the City of Poway, California, Amending the Land Use
Element of the General Plan of the City of Poway General Plan (GPA 04-02."
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Councilmember Rexford to close the
public hearing and adopt Ordinance No. 616 entitled "An Ordinance of the City of Poway,
California, Changing the Zoning Classification of Certain Properties (ZC 04-02) APN: A
Portion 321-110-02, and adopt Resolution No. 04-103 entitled "A Resolution of the City
Council of the City of Poway, California Amending the Land Use Element of the General
Plan of the City of Poway General Plan (GPA 04-02)." Motion carried 5-0.
NEW PUBLIC HEARINGS
ITEM 2 (0200-50)
ENVIRONMENTAL ASSESSMENT
TENTATIVE PARCEL MAP 04-02
VARIANCE 04-13
APPLICANTS: PAUL & BETTY REXFORD
APN: 320-020-17
Councilmember Rexford disqualified herself from this item as she is the applicant. She
stepped down from the dais and remained in the audience.
Mayor Cafagna opened the public hearing and the staff report was presented by City
Manager Bowersox. He explained the applicants propose to subdivide the 1.4-acre
property into three residential lots. The existing single-family home will be contained within
Parcel 2. A Variance approval is also requested because the subdivision will result in the
existing residence observing an approximate 4.5 foot side yard setback from the proposed
access driveway easement along the northerly property line, when a 10-foot side yard
setback is required while remaining 20.5 feet from the side property line.
No one spoke concerning this public hearing.
Motion by Deputy Mayor Emery, seconded by Councilmember Boyack to close the public
hearing and adopt Planning Resolution No. P-04-93 entitled "A Resolution of the City
Council of the City of Poway, California, Approving a Mitigated Negative Declaration and
Tentative Parcel Map TPM 04-02 and Variance 04-13 Assessor's Parcel Number 320-020-
17." Motion carried 4-0, with Councilmember Rexford disqualified. Councilmember
Rexford returned to the dais.
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ITEM 3 (0210-30)
CONDITIONAL USE PERMIT 04-16
DEVELOPMENT REVIEW 98-04R
APPLlANT: NORM'S RV
APN: 317-271-27
Mayor Cafagna opened the public hearing and City Manager Bowersox presented the staff
report. This Conditional Use Permit (CUP) and revision to a previously approved
Development Review (DR) is a request to allow the establishment of RV sales and rental
business, and construction of a 2,168 square-foot, metal canopy structure, on a developed
site located at 12145 Dearborn Place in the Light Industrial (LI) zone of the South Poway
Specific Plan. The South Poway Specific Plan allows RV sales with a CUP in all zones.
The CUP/DR can be supported since adequate parking exists on -site for the use and
adequate screening of vehicles will be provided, and the project complies with all City
development standards.
No one asked to speak concerning this public hearing.
Motion by Councilmember Higginson, seconded by Deputy Mayor Emery to close the
public hearing and adopt Planning Resolution P-04-94 entitled "A Resolution of the City
Council of the City of Poway, California, Approving Conditional Use Permit 04-16 to Allow
Establishment of a RV Business, and Approving Development Review 98-04R for a
Canopy Structure Addition, at 12145 Dearborn Place, Assessor's Parcel Number317-271-
27. Motion carried 5-0.
ITEM 4 (0210-30)
CONDITIONAL USE PERMIT 04-11
MINOR DEVELOPMENT REVIEW APPLICATION 04-92
APPLICANTS: STEPHEN DAVIS/SAMMY YOUSIF
APN: 323-060-02
Mayor Cafagna opened the public hearing and City Manager Bowersox presented the staff
report. This is a request to allow the expansion of a legal nonconforming use. The liquor
store was established prior to establishment of the current zoning ordinance that requires
approval of a CUP for liquor stores in the CN zone. The applicant is proposing to add a
220-square-foot walk-in cooler to the rear of the building, and remodel the interior and
exterior of the existing commercial building (Gordon's Liquor & Deli). The subject property
is located in the Commercial Neighborhood zones at 14251 Garden Road. The proposal
also includes the installation of a trash enclosure, parapets, landscaping, and awnings.
No one spoke concerning this public hearing.
Motion by Council member Higginson, seconded by Councilmember Rexford to close the
public hearing and adopt Planning Resolution P-04-95 entitled "A Resolution of the City
Council of the City of Poway, California Approving Conditional Use Permit 04-11 and Minor
Development Review Application 04-92 Assessor's Parcel Number 323-060-02." Motion
carried 5-0.
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STAFF REPORTS
ITEM 5 (0630-07)
AUTHORIZATION FOR
POWAY VALLEY SENIOR CITIZEN'S CORP.
(PVSCC) DRAW FUNDS FROM
SENIOR CENTER ENDOWMENT FUND
City Manager Bowersox reviewed the staff report. On June 22, 2004,the City Council
directed staff to enter into a contract with a consultant to assess a proposal submitted by
Sherrie Anne Goldby, Executive Director of the Poway Senior Center (PSC), for financial
support of PSC operations. At that time, it was anticipated that the study would be
presented to Council by December, which aligned with the five month access to the
endowment principal. With the item now anticipated for a January 2005 City Council
meeting, PSC will likely face a period of time that revenues will run short of expenses. By
allowing PSC two additional monthly draws of no more than $15,000 each from the
endowment fund principal while awaiting City Council's review of the consultant's study, the
City ensures that PSC operations remain funded for the months of December and January
No one spoke concerning this item.
Motion by Council member Boyack, seconded by Councilmember Rexford to authorize the
release of up to two additional withdrawals from the PVSCC endowment fund principal of
up to $15,000 per month for the months of December and January; that each request be
sent to the Director of Community Services accompanied by a complete accounting of
revenues and expenditures; and that the Director of Community Services limit the
authorized withdrawal to the current month's anticipated shortfall, or $15,000, whichever is
less; and further, that staff bring back to the City Council in January 2005, the specific
accounting of the funds and a work plan timetable. Motion carried 5-0.
CITY MANAGER ITEMS
13. City Manager Bowersox said the audiovisual component of the new Council
Chambers will be refined over the next few weeks and an orientation of the system
will be provided to the Council in January. The podium will be relocated to different
positions in the Chambers over the next few meetings to determine the location that
is optimal for both operations and the ability of the audience to see. He went on to
thank Interim City Clerk Jeanne Bunch, who is present, and commented on her
extraordinary work for the City since mid-July. He welcomed incoming City Clerk
Diane Shea.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
15. Councilmember Boyack said she took her family to the event at Old Poway Park
and said Community Services outdid themselves.
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16. Councilmember Rexford gave kudos to the Christmas in the Park event and to
Community Services and Public Works. She thanked Interim City Clerk Jeanne
Bunch for all of her work and said she was a great city clerk. She welcomed Diane
Shea, City Clerk.
She reported on a field trip she took with staff to the Detention Basin. She further
commented on the Scripps Poway Parkway bikeway and turning lane.
17. Council member Higginson thanked Interim City Clerk Jeanne Bunch for her work
and welcomed the new city clerk.
18. Deputy Mayor Emery thanked Community Development and Public Works staff for
their work on the Christmas in the Park event. He thanked Jeanne Bunch for her
work as Interim City Clerk and welcomed Diane Shea, City Clerk. He thanked
Community Services for a presentation they gave recognizing him and some ofthe
historical things he has brought up over the years. He announced the Candyland
event this weekend.
19 Mayor Cafagna thanked Jeanne Bunch and welcomed Diane Shea.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:10 p.m.
;{/~~
L. Diane Shea, CMC, City Clerk
City of Poway, California
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