CC 2006 03-21
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MARCH 21, 2006
The March 21, 2006, Regular Meeting of the City Council of the City of Poway, was called to
order at 7:04 p.m. by Mayor Cafagna at the Poway City Council Chambers, 13325 Civic
Center Drive, Poway, California, for a Regular City Council Meeting.
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. Smith
Diane Shea
Niall Fritz
Scott Edwards
Jim Howell
Tina White
Mark Sanchez
Charlie Campe
Kristen Crane
Paolo Romero
PLEDGE OF ALLEGIANCE
City Manager
Assistant City Manager
Interim City Attorney
City Clerk
Director of Development Services
Redevelopment Services Economic Development Manager
Director of Public Works
Director of Administrative Services
Director of Safety Services
Sheriff's Captain
Assistant to the City Manager
Management Assistant
Deputy Mayor Rexford led the pledge of allegiance.
STATE OF THE CITY ADDRESS
Presentation by Mayor Cafagna of the "Annual State of the City Address."
Mayor Cafagna presented the Annual State of the City Address.
(0710-05)
CITY COUNCILMEMBER ANNOUNCEMENTS
A. Poway Bob's Restaurant Review. Councilmember Emery reviewed Der
Wienerschnitzel noting their fine hot dogs.
B. Councilmember Boyack stated she attended the groundbreaking of Pomerado Hospital
expansion and feels it will be an excellent addition to the community.
C. Deputy Mayor Rexford attended the Hamburger Factory's unveiling of a stained glass
piece depicting a train/western town setting. The piece was dedicated to the
volunteers of the Poway-Midland Railroad Volunteers.
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PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications. There was no
one present wishing to speak.
CONSENT CALENDAR:
Mayor Cafagna suggested that Items 5, 7 and 8 be added to the Consent Calendar. Motion
by Deputy Mayor Rexford and seconded by Council member Emery to approve the Consent
Calendar consisting of Items 5, 7 through 10, and 12 through 17. Motion carried 5-0.
As to Item 18, Council member Boyack disqualified herself stating a conflict of interest. Motion
by Councilmember Emery and seconded by Deputy Mayor Rexford to approve Item 18 on the
Consent Calendar. Motion carried 4-0 with Councilmember Boyack disqualified.
9. Ratification of Warrant Reaisters for the periods of February 13-17 and February 20-
24,2006. (0475-20)
10. Approval of Minutes - City Council
February 21, 2006 Regular Meeting
February 28, 2006 Canceled Regular Meeting
March 2, 2006 Canceled Adjourned Regular Meeting
12. Adoption of Resolution No. 06-019, entitled: "A Resolution of the City Council of the
City of Poway, California, Commending Eaale Scout Thomas Michael Heastad."
(0710-40)
13. Acceptance of the 2004-2006 Citywide Stripina Improvements Project #407-4330 (Bid
No. 05-017) from C-18, Inc. (0700-10)
14. Adoption of Resolution No. 06-020, entitled: "A Resolution of the City Council of the
City of Poway, California, Authorizing the Submittal of a Funding Application to the
County of San Dieao Communitv Enhancement Proaram for the Kumeyaay-Ipai
Interpretive Center at Pauwai. (0490-51)
15. Reiection of Claim for Damages (1) - Todd Stepien.
(0190-10)
16. Acceptance of Task 10 of the Demolition of Residential and Other Miscellaneous
Structures and Hazardous Materials Abatement As-Needed Services Project from
Clauss Construction. (0700-10)
17. Adoption of Resolution No. 06-021 entitled: "A Resolution of the City Council of the
City of Poway, California, Authorizing the Destruction of Certain Documents in
Administrative Services, City Clerk's Office, City Manager's Office, Community
Services, Development Services, Public Works, and Redevelopment Departments and
Rescinding Resolution No. 06-009." (0170-20)
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18. Adoption of Resolution No. P-06-16, entitled: "A Resolution of the City Council of the
City of Poway, California Rescinding Resolution Nos. P-84-44 and P-95-06 and
Approving a Modification to Comprehensive Sion Prooram 85-01 M(2) Assessor's
Parcel Numbers 317-490-78, 79, 80, 81,82 and 83." The project is located at 12622-
12666 Poway Road within the Community Business zone and Poway Road Specific
Plan Area. Ultrasigns Electrical Advertising, Applicant. (0280-20)
PUBLIC HEARINGS:
ITEM 1 (0220-60 #635)
SPECIFIC PLAN AMENDMENT (SPA 84-01 XXX)
LAND USE DESIGNATION CHANGE
12650 BROOKPRINTER PLACE
PACIFIC PRIDE HOLDINGS LLC, APPLICANT
APN: 317-224-16
Mayor Cafagna read the title of the ordinance and opened the public hearing. Niall Fritz,
Director of Development Services, presented the staff report. This involves a request to
change the South Poway Specific Plan (SPSP) Land Use Designation of an approximately
1.5-acre developed property from Light Industrial (L1) to Light Industrial/Outdoor Storage
(L1/S). The site is developed with an approximate 18,000-square-foot building and is located
at 12650 Brookprinter Place. This application was initiated by City Council Resolution on
February 21,2006. At that meeting no concerns were expressed. The proposal is consistent
with the policy that L1/S uses be located on the perimeter of the Business Park.
There was no one present wishing to speak.
Motion by Councilmember Emery and seconded by Deputy Mayor Rexford to introduce
Ordinance No. 635 entitled, "An Ordinance of the City of Poway, California, Approving
Specific Plan Amendment (SPA 84-01 XXX) to the South Poway Specific Plan to Change the
Land Use Designation on 1.5 Acres of Property Located at 12650 Brookprinter Place from
Light Industrial to Light Industrial/Outdoor Storage APN: 317-224-16" and to continue the
public hearing to April 4, 2006 for second reading and adoption of the ordinance. Motion
carried 5-0.
ITEM 2 (0210-70)
VARIANCE 05-20 AND MINOR DEVELOPMENT
REVIEW APPLICATION 05-73
MARK AND TINA KUHLMANN, APPLICANTS
SOUTHERLY TERMINUS GOLDEN SUNSET COURT
APN: 321-220-08
Council member Emery disqualified himself on this item due to a conflict of interest, and left
the Council Chambers.
Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development Services,
presented the staff report.
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The applicants have requested approval of Variance (VAR) 05-20 and Minor Development
Review Application (MDRA) 05-73 to allow the construction of a 5,405-square-foot, two-story
residence with an attached 420-square-foot guesthouse, and an attached 865-square-foot
garage on Parcel 1 of Parcel Map 10313, located at the southerly terminus of Golden Sunset
Court. Variance 05-20 would allow the residence to encroach up to 40 feet into the required
40-foot front yard setback to avoid a 60-foot-unused, unimproved road easement that bisects
the lot, and a large drainage swale that occupies the southerly half of the lot.
There was no one present wishing to speak on this item.
Motion by Councilmember Higginson and seconded by Deputy Mayor Rexford to close the
public hearing and adopt Planning Resolution No. P-06-14 entitled, "A Resolution of the City
Council of the City of Poway, California Approving Variance 05-20 and Minor Development
Review Application 05-73, Assessor's Parcel Number 321-220-08." Motion carried 4-0 with
Council member Emery disqualified.
ITEM 3 (0210-30)
CONDITIONAL USE PERMIT (CUP) 96-18M(3)
DEVELOPMENT REVIEW (DR) 96-23R(3)
ZIP AND LISA LUCIDI, APPLICANT
APNs: 322-011-08 AND 09
Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development Services,
presented the staff report. The applicant is requesting approval of project revisions for Lucidi
Farms. Lucidi Farms is a previously approved, two-phase, horse boarding and training facility
at the northwest corner of the Poway Road/Highway 67 intersection, in the Rural Residential
A zone. Phase 1 of the project is nearly complete. Proposed revisions to the project are a
request for: 1) removal of the Phase 2 component of the project, along with associated
improvement requirements, from the CUPIDR; 2) addition of a new horse riding course on
Phase 1 site; and 3) the addition of an approximate 26,000-square-foot cover structure over
an existing riding arena on Phase 1 of the project.
The following people spoke on this item:
Zip Lucidi, Poway, addressed staff's denial of his request to sell hay and feed to customers
other than those who board horses at this site.
Motion by Council member Emery and seconded by Deputy Mayor Rexford to close the public
hearing and adopt Planning Resolution No. P-06-15 entitled, "A Resolution ofthe City Council
of the City of Poway, California, Approving Conditional Use Permit (CUP) 96-18M(3) and
Development Review (DR) 96-23R(3), Assessor's Parcel Numbers 322-011-08." Motion
carried 5-0.
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ITEM 4 (0430-40)
FISCAL YEAR 2005-06 MID-YEAR EVALUATION
FINANCIAL PROGRAM AMENDMENTS
Tina White, Administrative Services Director, presented the staff report. Each budget year, all
City departments perform a budget review at the mid-point to determine if budget adjustments
are required. The staff report summarized the findings ofthat review. The Budget Committee
reviewed the report at its most recent meeting.
There was no one present wishing to speak on this item.
Motion by Deputy Mayor Rexford and seconded by Council member Emery to adopt
Resolution No. 06-014 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
2005-2006." Motion carried 5-0.
ITEM 5 (0210-80)
INAPPROPRIATE AREAS FOR SECOND DWELLING
UNITS IN SINGLE-FAMILY RESIDENTIAL ZONES
This item was moved to the Consent Calendar for approval. This item involves Section
17.08.180 of the Poway Municipal Code, adopted February 13, 1996, that requires annual
adoption of a resolution for implementation of this designation that determines which areas of
the City have adequate water, sewer, and traffic circulation to allow second dwelling units,
and which areas of the City currently do not have adequate services. The resolution before
the City Council would retain the areas previously determined by the City to be inappropriate
for second dwelling units.
There was no one present requesting to speak on this matter.
On the Consent Calendar, motion by Deputy Mayor Rexford and seconded by
Councilmember Emery to adopt Resolution No. 06-015 entitled, "A Resolution of the City
Council of the City of Poway, California Regarding Annual Designation of Areas Inappropriate
for Second Dwelling Units in Single-Family Residential Zones and Rescinding Resolution No.
05-015." Motion carried 5-0.
ITEM 6 (0650-50)
HERITAGE TREES PROPOSED DESIGNATION
Director of Public Works, Jim Howell, presented the staff report. On April 4, 2000 the City
Council adopted an Urban Forestry Ordinance establishing policies, regulations, and
generally accepted standards for planting, trimming and removal of trees. Provisions of the
City's Urban Forestry Ordinance, including the establishment of a Tree Committee, qualified
the City to receive a designation as a Tree City USA.
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One of the responsibilities of the Tree Committee is to identify Heritage Trees in the City for
recommendation to the City Council. The Tree Committee inspected and ranked candidate
trees in accordance with established criteria. At their January 12, 2006 meeting, the Tree
Committee selected the following trees to recommend for designation as Heritage Trees:
Aubrey Oak and Garden Road Park Sycamores.
Dee Fleishman, member of the Tree Committee, spoke in favor of the resolution.
Motion by Deputy Mayor Rexford and seconded by Council member Emery to adopt
Resolution No. 06-016 entitled, "A Resolution of the City Council of the City of Poway,
California, Designating Heritage Trees in the City of Poway." Motion carried 5-0.
ITEM 7 (740-55)
SUPPORT OF BALLOT MEASURE
LOCAL TRANSPORTATION FUNDING
This item was moved to the Consent Calendar for approval. In summary, in 2002 the
California voters passed Proposition 42, a sales tax on gasoline, to provide funding for
transportation infrastructure projects. Proposition 42 included a "loophole" which enables the
Governor and Legislature to use gasoline sales taxes to help balance the State of California's
General Fund budget. A coalition of transportation stakeholders are now working toward
constitutional protection of Proposition 42 funds by way of a ballot measure that would
permanently dedicate gasoline sales tax revenues to transportation projects.
There was no one present requesting to speak on this matter.
On the Consent Calendar, motion by Deputy Mayor Rexford and seconded by
Council member Emery to adopt Resolution No. 06-017 entitled, "A Resolution of the City
Council of the City of Poway, California, in Support of Measure to Secure Local
Transportation Funding." Motion carried 5-0.
ITEM 8 (0740-55)
PENDING LEGISLATION
This item was moved to the Consent Calendar for approval. The staff report provided
information on several pending legislative bills.
On the Consent Calendar, motion by Deputy Mayor Rexford and seconded by
Council member Emery to support AB 1558 (Wolk) - FPPC: Financial Interests in Public
Contracts; support SB 1542 (Midgen) - Motor Vehicles: Key Information Access; oppose SB
1206 (Kehoe) - Redevelopment; oppose SB 1210 (Torlakson) - Eminent Domain; oppose
SCA 20 (McClintock) - Eminent Domain: Condemnation Proceedings; oppose SB 1330
(Dunn) - Housing Developments: Attorney's Fees; and watch AB 773(Mullin) -
Redevelopment: Referendum and AB 782 (Mullin) - Redevelopment: Project Areato, and to
adopt Resolution No. 06-018 entitled, "A Resolution of the City Council of the City of Poway
Supporting the 'Calling for 2-1-1' Act (HR896/S 211 )." Motion carried 5-0.
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CITY MANAGER ITEMS
19. City Manager Gould announced the promotion of Management Assistant Paolo
Romero to Management Analyst in the City Manager's Office.
CITY ATTORNEY ITEMS
20. Interim City Attorney Foster requested a closed session for the following:
CLOSED SESSION:
AUTHORITY:
NAME OF CASE:
CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
Gov. Code 54956.9a
Poway Royal Mobile Homeowners Association
v. Poway Redevelopment Agency, et al.
San Diego Superior Court Case GIC 849802
(Consolidated with GIC 849790)
MAYOR AND CITY COUNCIL-INITIATED ITEMS
25A. Mayor Cafagna asked for and received Council concurrence for the reappointment of
Deputy Mayor Rexford as alternate to the California Contract Cities. (0140-90)
CLOSED SESSION
Mayor Cafagna called for a Closed Session at 8:05 p.m. as requested by the City Attorney.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 8:34 p.m., with all Councilmembers
present. There was no reportable action taken in Closed Session.
ADJOURNMENT Mayor Cafagna adjourned the meeting 8:35 p.m.
~~Cle~
City of Poway, California
8610