CC 2005 04-12
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
APRIL 12, 2005
The April 12, 2005, Regular Meeting of the City Council of the City of Poway, was
called to order at 7:05 p.m. by Mayor Cafagna at the City Council Chambers, 13325 Civic
Center Drive, Poway, California.
COUNCILMEMBERS PRESENT
Merrilee Boyack, Don Higginson, Betty Rexford, and Mickey Cafagna
COUNCILMEMBERS ABSENT
Bob Emery
STAFF MEMBERS PRESENT
James Bowersox
Tamara Smith
L. Diane Shea
Robert Clark
Warren Shafer
James Howell
Ingrid Alverde
Mark Sanchez
Charlie Campe
Patti Brindle
Javid Siminou
Kristen Crane
Paolo Romero
FLAG SALUTE
City Manager
City Attorney
City Clerk
Director of Community Services
Director of Administrative Services
Director of Public Works
Redevelopment Services
Director of Safety Services
Sheriff's Captain
City Planner
City Engineer
Senior Management Analyst
Management Assistant
PRESENTATIONS
Councilmember Higginson led the flag salute.
Mayor Cafagna presented commemorative Cedar Fire Plaques to the following owners of
burned homes:
Tim and Ginny Seipel
Raymond Sakow
Jeff Figler
Edward Gruner
Stan Kaminski
Vicki Myers
Wayne Laliberte
Dr. & Mrs. John Augustine
Samuel Hallmark
Larry Porter
Missy Jackson
Mr. Hilsabeck
Paul Webber
Jim Faaborg
Jean Foster
Pennie Zawacki
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Cedar Fire Plaque Recipients continued:
Matt Plese
Saskia Hansik
Jessie Hover
Sam Houston
Mike Carpenter
Ramona Wilson
Travis Moreno
Thomas Stobbs
Tom & Gail Schmersal
Eugene Clingman
Harlan Lowe
Charlotte Good
Roger Randazzo
Nina Hawkins
Gary Randhahn
Bryan Tidwell
Darlene Rose Harman
Joe Hylton
Allan Kuebler
George Conger
Jim Miholich
Daniel Griffin
Andy Kean
Arch Underwood
Woody Norris
Michael McNelley
Jane Johnson
James Tolley
Jim Munk
Ray Sims
Daniel Oulela
Rich & Therese Meredith
Bob Richardson
Reed & Rita Johnson
Presentation by SANDAG (San Diego Association of Governments) Regarding Drug Use
Trends Among Local Arrestees. Cynthia Burke, Director of Criminal Justice Research
Division of SANDAG, gave the presentation.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications. The following
people were present wishing to speak,
Samanta Aceves, Jade Wise, and Samantha Stratton, of SPIN, Supportive Parents
Information Network, 2717 University Avenue, San Diego, thanked the Mayor and City
Council for the opportunity to hang their art project in City Hall.
Dee Fleishman, 14428 Midland, Poway, commended the activities on Earth/Arbor Day.
CONSENT CALENDAR
Motion by Councilmember Boyack and seconded by Council member Rexford to approve
the Consent Calendar Items 4 through 10.
4.
Ratification of Warrant Reaister for the period March 14-18, 2005.
(0475-20)
5. Approval of Minutes - City of Poway
March 22, 2005 Regular Meeting
7. Approval of the Comprehensive Annual Financial Report - FY 2003-2004.
(0410-10)
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8. Adoption of Resolution No, 05-022, entitled: "A Resolution of the City Council ofthe
City of Poway, California, Approving a Three-Year Cooperation Agreement between
the County of San Diego and the City of Poway for a Community Development
Block Grant Proaram" for Fiscal Years 2006-07,2007-08 and 2008-09. (0700-10)
9. Approval of the City Council Goals and Obiectives Update to be included in the FY
2005-06/2006-07 Proposed Budget. (0100-10)
10. Adoption of Planning Resolution No. P-05-27, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Temporary Use Permit (TUP)
05-19 to Hold the Annual Poway SprinQ Fest Street Fair," Poway Chamber of
Commerce, Applicant, on Sunday, April 24, 2005, from 10:00 a.m, to 4:00 p.m.
(0210-60)
Motion to approve the Consent Calendar carried 4-0, with Deputy Mayor Emery absent.
PUBLIC HEARINGS
ITEM 1 (0210-70)
VARIANCE 05-06
MINOR DEVELOPMENT REVIEW APPLICATION 04-124
16175 MARTINCOIT ROAD, APN 275-201-09
CHRIS AND GAIL SULLIVAN, APPLICANT
Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff
report. This is a request to approve a Variance and a Minor Development Review
Application to allow a 2,168-square-foot single-story room addition at an existing 2,212-
square-foot single-story, single-family residence within the Rural Residential C (RR-C)
zone. The application involves a request to reduce the side yard setback of 20 feet to 2
feet from a private road easement to permit the addition to encroach into this setback.
The applicant, Chris Sullivan, spoke in support of his project.
Seeing no one else wishing to speak on this matter, Mayor Cafagna closed the public
hearing.
Motion by Council member Higginson, seconded by Council member Rexford, to close the
public hearing and adopt Planning Resolution P-05-24 entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Variance 05-06 and Minor Development
Review Application 04-124, Assessor's Parcel Number 275-201-09." Motion passed 4-0
with Deputy Mayor Emery absent.
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ITEM 2 (0210-70)
VARIANCE 05-07
15411 BLUE CRYSTAL TRAILS
APN: 321-270-21
ROBERT FAABORG, APPLICANT
Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff
report. This is a request to approve a Variance to reduce the front yard setback of 40 feet
to 15 feet from a private road easement to permit a proposed solar photovoltaic system to
encroach into this setback. This system will be located within the Rural Residential A (RR-
A) zone at 15411 Blue Crystal Trails. The existing single-family residence on the property is
currently under construction and is a Cedar Fire rebuild.
Seeing no one wishing to speak on this matter, the Mayor closed the public hearing.
Motion by Councilmember Rexford, seconded by Councilmember Boyack, to close the
public hearing and adopt Planning Resolution P-05-25 entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Variance 05-07, Assessor's Parcel
Number 321-270-21." Motion passed 4-0 with Deputy Mayor Emery absent.
STAFF REPORTS
ITEM 3 (0440-10)
CERTIFICATES OF PARTICIPATION (COPs)
1995 AND 1996
City Manager Bowersox presented the staff report explaining that in order to take
advantage of current favorable market conditions, this action recommends the issuance of
a not-to-exceed $10,000,000 principal amount in Certificates of Participation (COPs), to
refund the 1995 and 1996 COPs, which will result in a savings in actual debt service
payments.
No one requested to speak on the matter.
Motion by Councilmember Rexford, seconded by Councilmember Boyack, to adopt
Resolution No. 05-021 entitled, "A Resolution of the City Council of the City of Poway,
California, Authorizing the Preparation, Sale and Delivery of Not to Exceed $10,000,000
Principal Amount of 2005 Refunding Certificates of Participation and Approving Certain
Documents and Authorizing Certain Actions in Connection Therewith" and to adopt
Resolution No. R-05-04 entitled, "A Resolution of the Poway Redevelopment Agency
Authorizing the Preparation, Sale and Delivery of Not to Exceed $10,000,000 Principal
Amount of 2005 Refunding Certificates of Participation and Approving Certain Documents
and Authorizing Certain Actions in Connection Therewith." Motion passed 4-0 with Deputy
Mayor Emery absent.
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ITEM 3.1 (0910-10)
UNDERGROUND WAIVER (UW) 05-01
HIGHLANDS RANCH ROAD-LOT 17
APN 272-761-17
MEDI MOHAMMADI, APPLICANT
City Manager Bowersox presented the staff report and Director of Development Services
Fritz provided further explanation along with a PowerPoint presentation. The applicant is
requesting that the City Council grant a waiver of the existing overhead utility lines and a
utility pole on Lot 17, a vacant parcel within the Highlands Ranch Community. The 4,54-
acre parcel has been approved for a single-family residence (MDRA 04-113) and is located
on the north side of Highlands Ranch Road within the Rural Residential C (RR-C) zone.
Nate Derby, 13426 Highlands Ranch Road, opposed the waiver because of the negative
impact to his property.
Bruce Tarzy, 15912 Ranch Hallow Road, Poway, and representing the Green Valley Civic
Association, opposed the request and suggested the pole be moved out of sight.
Motion by Council member Higginson, and seconded by Councilmember Boyack, to adopt
Planning Resolution P-05-26, as amended, entitled "A Resolution ofthe City Council ofthe
City of Poway, California Approving Underground Waiver 05-01, Assessor's Parcel Number
272-761-17." Motion passed 4-0 with Deputy Mayor Emery absent.
CITY MANAGER
11. Mr. Bowersox announced the birth of Deputy Mayor Emery's grandson, Nyack, born
on April ih weighing 8 pounds. Congratulations extended to Mr. Emery and family.
CITY ATTORNEY ITEMS
12. City Attorney Smith requested Closed Session for the following:
Closed Sessions:
A. Conference with Legal Counsel - Existing Litigation
Government Code 54956.9a
Northpoint Development, Inc. v. City of Poway
San Diego Superior Court Case No. GIC 829627
B. Conference with Legal Counsel - Anticipated Litigation
Government Code Section 54956
MAYOR AND CITY COUNCIL-INITIATED ITEMS
13. Councilmember Boyack reported on activities with Sewer Metro Commission and
membership on the Finance Committee and Community Relations Committee.
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14. Councilmember Rexford reported on the League of CA Cities Housing and
Economic Development Committee and spoke On housing issues in San Diego.
17 A. Mayor Cafagna requested and received concurrence to hold a Pre-Development
Conference (PDC 05-01) at a City Council Workshop on Thursday, May 5,2005, for
Slough Estates USA, Inc., to consider a proposed change in land use designation
from Open Space 1 Dwelling Unit to Industrial Park on a portion of the site located
at the southeast corner of Scripps Poway Parkway and Gateway Place, commonly
known as the Lively property, APN: 323-091-06, (0200-30)
CLOSED SESSION
Mayor Cafagna called for a Closed Session at 8:45 p.m. as requested by the City Attorney.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 8:55 p.m. reporting that there was no
reportable action from the Closed Session. He adjourned the meeting at 8:55 p.m.
L. Diane hea, City Clerk
City of Poway, California
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