CC 2006 12-05
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
DECEMBER 5, 2006
The December 5,2006, Regular Meeting of the City Council of the City of Poway, was called
to order at 7:06 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 and Mickey Cafagna
COUNCILMEMBERS ABSENT
None
STAFF MEMBERS PRESENT
Rod Gould
Penny Riley
Lisa A. Foster
Diane Shea
Niall Fritz
Jim Howell
Dena Fuentes
Tina White
Mark Sanchez
Todd E. Frank
Frank Casteleneto
Patti Brindle
Kristen Crane
Paolo Romero
PLEDGE OF ALLEGIANCE
City Manager
Assistant City Manager
City Attorney
City Clerk
Director of Development Services
Director of Public Works
Director of Redevelopment Services
Director of Administrative Services
Director of Safety Services
Sheriff's Captain
City Engineer
City Planner
Assistant to the City Manager
Management Analyst
Deputy Mayor Rexford led the pledge of allegiance.
NOVEMBER 7. 2006 . GENERAL MUNICIPAL ELECTION
1. City Clerk's Certification of Election for the Poway Municipal Election held on
November 7, 2006.
Diane Shea, City Clerk, announced that the canvass of the November 7, 2006 General
Election has been completed by the County of San Diego Registrar of Voters.
Poway's General Municipal Election, which was consolidated with the County of San
Diego General Election, was to elect one mayor and two city council members, each to
a four-year term. Poway has 27,532 registered voters, 17,342 of which voted in the
November election, a 63.32% turnout. The candidate for Mayor receiving the highest
number of votes was Mickey Cafagna with 12,994. The two candidates for City
Council receiving the highest number of votes were Don Higginson, with 10,030 votes,
and Betty Rexford with 9,426 votes. Based on the official canvass of the County of
San Diego Registrar of Voters, it is appropriate to adopt the resolution reciting the facts
of the election as submitted.
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Motion by Councilmember Emery, seconded by Deputy Mayor Rexford, to adopt
Resolution No. 06-089, entitled, "A Resolution of the City Council of the City of Poway,
California, Reciting the Fact of the General Municipal Election Held in Said City on
November 7, 2006, Declaring the Results Thereof and Such Other Matters are
Provided by Law." Motion carried unanimously.
2. Administration of Oath of Office to Mayor Cafagna and Councilmembers
Higginson and Rexford by City Clerk Diane Shea.
City Clerk Shea administered the Oath of Office to Mayor Cafagna and
Councilmembers Higginson and Rexford.
3. Selection of Deputy Mayor for 2007.
Mayor Cafagna asked for nominations for Deputy Mayor. Motion by Council member
Emery, seconded by Deputy Mayor Rexford, selecting Council member Boyack as
Deputy Mayor for 2007. Motion carried unanimously.
CITY COUNCILMEMBER ANNOUNCEMENTS
A. Poway Bob's Restaurant Review. Council member Emery reviewed the newly
remodeled "Brig" restaurant and spoke highly of their new menu.
Councilmember Higginson thanked his constituents and family for their support.
Council member Rexford thanked the residents for having confidence in her and asked for
their continued involvement with the City. She thanked her husband for his support.
Deputy Mayor Boyack thanked the community for their involvement and voiced appreciation
to the Council for their hard work in the City.
Mayor Cafagna thanked the voters for entrusting this City Council to continue its work. He
thanked his wife and family for their support.
PRESENTATIONS
· Presentation of 20-year Service Pin to Councilmember Don Higginson. Mayor
Cafagna presented Councilmember Higginson with his 20-year service pin.
. Presentation of 20-year Service Award to Kevin Hitchcock, Fire Captain (20
years). Mayor Cafagna and Safety Services Director Sanchez presented Mr. Hitchcock
with his 20-year service award.
· Presentation of 30-year Service Award to Garry MacPherson, Fire Division Chief
(30 years). Mayor Cafagna and Safety Services Director Sanchez presented Mr.
MacPherson with his 30-year service award.
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Page 3 - CITY OF POWAY - December 5,2006
. Recognition of Appreciation to Charlie Campe, Sheriff's Captain, for his
dedicated service to the City of Poway. Mayor Cafagna and Safety Services
Director Sanchez presented Sheriff's Captain Charlie Campe with the "Poway Plaque"
for his dedicated service to the City. Mayor Cafagna welcomed Sheriff's Captain Todd
E. Frank, who is taking over Captain Campe's responsibilities in the City of Poway.
. Presentation of the New 1 OO-Foot Aerial Ladder Tractor-Truck and the New Fire
Engine/Pumper Truck by Safety Services. Mayor Cafagna invited everyone to view
the new trucks parked in front of Council Chambers during the break.
RECEPTION
The meeting recessed at 7:31 p.m. for a reception in honor of re-elected Mayor Cafagna and
Councilmembers Higginson and Rexford. The meeting was reconvened at 7:53 p.m.
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:
Jeff Figler, on behalf of the Chamber of Commerce, announced the Chamber's January Gala,
and their current membership drive.
Tom Farley and Scott Higley, Poway, spoke on the lighted Christmas tree they erect each
year in Poway.
Joe SI. Lucas, Poway, congratulated those re-elected to the City Council; suggested a
complaint tracking system be implemented on the City's website; and announced he has
been elected chair of the South Poway Residents Association who will be changing their
name to include all interested parties in Poway.
CONTINUED PUBLIC HEARINGS
4. Ordinance No. 646, Second Reading, entitled: "An Ordinance of the City of
Poway, California, Amending Section 8.08.020, Section 8.08.040, Section
8.08.100 and Section 16.44.140 of the Poway Municipal Code Concerning Time
for Use of Construction Equipment and Time of Grading and Clearing
Operations." (Continued from November 14, 2006, Item #2) (0330-55)
City Clerk Diane Shea presented the staff report. On November 14, 2006, the City
Council introduced and held the first reading of Ordinance No. 646. All
Council members were present at the first reading. Public testimony was received from
one individual.
Joe SI. Lucas, Poway, suggested permittees be required to keep permits available on
site.
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Motion by Council member Higginson, seconded by Councilmember Emery, to close
the public hearing; waive further reading and adopt Ordinance No. 646. Motion carried
unanimously by roll call vote.
5. Ordinance No. 647, Second Reading, entitled: "An Ordinance of the City of
Poway, California, Relinquishing a 0.22-acre Portion of a 16.5-Acre Dedicated
City-Owned Open Space Lot (APN 321-420-15) to Accommodate Project-Related
(MDRA 06-19) Improvements to Espola Road;" and,
Environmental AssessmentlHillside/Ridaeline-Minor Development Review
Application IMDRAl 06-19; George Ardizzone, Applicant. A request to develop a
single-family residence and tennis court on a 46-acre property located at the
northeast corner of the intersection of Poway Grade and Espola Road, within the
Rural Residential-A (RR-A) zone. The property is located at the northeast corner
of the intersection of Poway Grade and Espola Road. APNs: 321-260-27, 22,
321-271-06 and 321-420-15. (Continued from November 14, 2006 Item #3)
(0200-25)
City Clerk Diane Shea presented the staff report. On November 14, 2006, the City
Council introduced and held the first reading of Ordinance No. 647 and considered
Environmental Assessment! Hillside Ridgeline-Minor Development Review Application
06-19. All Councilmembers were present at the first reading. Public testimony was
received from seven individuals. A 4/5 vote of the City Council is required for passage
of the ordinance.
There was no one present from the public wishing to speak on this item.
Motion by Council member Emery, seconded by Deputy Mayor Boyack, to close the
public hearing; waive further reading, adopt Ordinance No. 647 entitled, "An Ordinance
of the City of Poway, California, Relinquishing a 0.22-acre Portion of a 16.5-Acre
Dedicated City-Owned Open Space Lot (APN 321-420-15) to Accommodate Project-
Related (MDRA 06-19) Improvements to Espola Road", approve the Mitigated
Negtative Declaration, and adopt Planning Resolution No. P-06-58, entitled, "A
Resolution of the City Council of the City of Poway, California, Approving
Hillside/Ridgeline Minor Development Review Application 06-19 APNs: 321-260-27,
22,321-271-06 and 321-420-15." Motion carried unanimously by roll call.
PUBLIC HEARINGS
6. Environmental Assessment lEAl 06-04: Acauisition of property located on the
west side of York Avenue south of Aubrey Street, in the Rural Residential C (RR-
C) zone and the 1 OO-year f100dway Floodplain and Floodway zone of Rattlesnake
Creek. APN: 314-201-35 (0780-08)
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Page 5- CITY OF POWAY - December 5,2006
Mayor Cafagna opened the public hearing. Dena Fuentes, Director of Development
Services and Deputy Executive Director of the Poway Redevelopment Agency,
presented the staff report. On October 30, 2001, the City Council/Redevelopment
Agency authorized staff to negotiate terms for the acquisition of flood-prone parcels
located within the 100-Year Floodway of Rattlesnake Creek. This general staff
direction is an opportunity-driven authorization to proceed with property acquisitions
when the owner of a property is willing to negotiate the terms of the sale.
Staff conducted site due diligence on the 0.53-acre vacant parcel and negotiated the
terms of sale in an effort to pursue the development of potential future open space
and/or recreational uses within the Paguay Redevelopment Project Area. No
recognized environmental conditions were found on the subject parcel and no
demolition activities are needed to clean and maintain the vacant land.
There was no one present from the public wishing to speak on this item.
Motion by Council member Higginson and seconded by Council member Rexford to
close the public hearing and adopt Planning Resolution No. P-06-59 entitled: "A
Resolution of the City Council of the City of Poway, California, Approving
Environmental Assessment 06-04, Acquisition of Property on the West Side of York
Avenue Assessor's Parcel Number 314-201-35;" authorized the expenditure of
$157,800 for the purchase of APN 314-201-35; and authorized the City
Manager/Executive Director to execute the documents necessary to complete the
acquisition. Motion carried unanimously.
7. Consideration of the Appropriation for the Citizen's Option for Public Safety
(COPS) Proaram. (0480-40)
Motion by Council member Emery, seconded by Councilmember Higginson to continue
the public hearing to December 19, 2006 due to a noticing error of the public hearing.
Motion carried unanimously.
8. Conditional Use Permit (CUP) 06-12. M&M Telecom, LLC (for Cricket
Communications), Applicant. A request for approval to allow the installation of a
telecommunications facility on a developed residential property. The property is
located at 14264 Tierra Bonita Road, south of Poway Road, in the Rural
Residential A (RR-A) zone. APN 321.191-27. (0210-30)
Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development
Services, presented the staff report. The applicant is requesting a Conditional Use
Permit to install a fifth telecommunications facility, consisting of antennas to be
mounted on a 25-foot-high pole and ancillary ground-mounted equipment in an
existing equipment enclosure. The antennas will not be readily visible to the public.
This item was considered by the City Council at the September 12, 2006 Council
workshop meeting. The proposed telecommunications facility will comply with the
Federal Communications Commission design and operational standards, and City
standards.
Ja'Nelle Rose, Poway, voiced concerns about wildlife safety.
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Page 6 - CITY OF POW A Y - December 5, 2006
Doug Munson, Cricket Communications, spoke in support of the permit.
Motion by Councilmember Emery, seconded by Councilmember Higginson to close
public hearing and adopt Planning Resolution No. P-06-60 as amended, entitled, "A
Resolution of the City Council of the City of Poway, California, Approving Conditional
Use Permit 06-12 Assessor's Parcel Number 321-191-27," Motion carried
unanimously.
CONSENT CALENDAR
Motion by Council member Higginson and seconded by Council member Rexford to approve
the Consent Calendar, Items 9-11, 13-16, 18-20.1. Motion carried unanimously. Item 17 was
removed from the Consent Calendar at the request of a member of the public for discussion
9. Ratification of Warrant Reaisters for the periods of October 23 through October
27,2006 and October 30 through November 3,2006. (0475-20)
10. Approval of Citv's Investment Report as of October 31, 2006.
(0450-80)
11. Approval of Minutes - City Council
November 14, 2006 Special Meeting
November 14, 2006 Regular Meeting
November 21, 2006 Canceled Regular Meeting
November 28, 2006 Canceled Regular Meeting
13. Approval of Appointments to the Poway Tree Committee.
(0120-90)
(0740-75)
14. Approval of Local Appointments List (Maddy Act) for 2007.
15. (a). Adoption of Resolution No. 06-090, entitled "A Resolution of the City
Council of the City of Poway, California, Commending Eaale Scout David
Dransfield"; and
(b). Adoption of Resolution No. 06-091, entitled "A Resolution of the City
Council of the City of Poway, California, Commending Eaale Scout Andrew
Henry"; and
(c). Adoption of Resolution No. 06-092, entitled "A Resolution of the City
Council of the City of Poway, California, Commending EaQle Scout Jason
Jeraensen"; and
(d). Adoption of Resolution No. 06-093, entitled "A Resolution of the City
Council of the City of Poway, California, Commending Eaale Scout A.J.
Neuenswander"; and
(e). Adoption of Resolution No. 06-094, entitled "A Resolution of the City
Council of the City of Poway, California, Commending Eaale Scout Michael
McBrearty"; and
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Page 7 - CITY OF POWAY - December 5,2006
(f). Adoption of Resolution No. 06-095, entitled "A Resolution of the City
Council of the City of Poway, California, Commending EaQle Scout Jordan
Preston. (0710-40)
16. Adoption of Resolution No. P-06-61, entitled "A Resolution of the City Council of
the City of Poway, California Approving Temporary Use Permit 06-93 to hold
"Christmas in the Park 2006" at Old Poway Park" on Saturday, December 9,2006
from 4:30 p.m. to 8:30 p.m. The park is located at 14134 Midland Road. APN:
314-202-19 (0210-60)
17. Approval of Briahton Avenue Affordable Housina Development - Exclusive
Neaotiation Aareement between the Poway Redevelopment Agency and Brighton
Avenue Interfaith Housing Corporation. (0700-10)
This item was removed from the Consent Calendar at the request of a member of the
public for discussion.
Dee Fleischman, Poway, the requested public be notified in an area larger than the
500 foot radius of the project area.
Motion by Councilmember Higginson, seconded by Councilmember Emery, to approve
the item as submitted. Motion carried unanimously.
18. Award of Bid to Bedco Truck Eauipment in the amount of $64,360.16 for the
construction and installation of three truck beds. (0480-40)
19. Approval of a Communitv Contribution in the amount of $500 for the Poway 4-H
Club. (0160-10)
20. Approval of a Communitv Contribution in the amount of $1,500 for the poway
Lacrosse Foundation. (0160-10)
20.1 Approval of Contract with Vision Internet in the amount not to exceed $89,000
for website implementation and authorization for the City Manager to execute the
necessary documents. (0700-10)
CITY MANAGER ITEMS
21. Mr. Gould, on behalf of City staff, offered congratulations to Mayor Cafagna,
Council member Rexford and Council member Higginson and to all those participating
in the November ih election, including the 17,342 Poway voters, indicating that local
representative democracy is alive and well in the City.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
26. Council member Rexford presented a plaque of appreciation she received on behalf of
the City Council from the Toastmasters organization for 30 years of City support.
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Page 8 - CITY OF POWAY - December 5,2006
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:33 p.m.
0~~~~Cle~
City of Poway, California
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