CC 2006 12-19
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
DECEMBER 19, 2006
The December 19, 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
Bob Emery, Don Higginson, and Mickey Cafagna
COUNCILMEMBERS ABSENT
Merrilee Boyack, Betty Rexford
STAFF MEMBERS PRESENT
Rod Gould
Penny Riley
Lisa A. Foster
Sherrie Worrell
Patti Brindle
Robert Clark
Tom Howard
Tina White
Kevin Kitch
Todd E. Frank
Zoubir Ouadah
PLEDGE OF ALLEGIANCE
Councilmember Emery led the pledge of allegiance.
City Manager
Assistant City Manager
City Attorney
Deputy City Clerk
City Planner
Director of Community Services
Public Works Utilities Manager
Director of Administrative Services
Division Chief, Safety Services
Sheriff's Captain
Traffic Engineer
CITY COUNCILMEMBER ANNOUNCEMENTS
A. poway Bob's Restaurant Review. No restaurant review was given.
PRESENTATIONS
· Presentation of Proclamation declaring December as National Drunk and Drugged
Driving Prevention Month. Mayor Cafagna presented the proclamation to Sheriff's
Captain Todd E. Frank.
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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:
Paul Sanit and Team Captains of the Poway High School Lacrosse Team thanked the City
Council for the contribution they received.
Mike Baucom and students with the Poway 4-H Club thanked the City Council for the
contribution they received.
CONTINUED PUBLIC HEARING
1. Consideration of the Appropriation for the Citizen's Option for Public Safetv
(COPS) Proaram. (Continued from December 5, 2006 Item #7) (0480-40)
Mayor Cafagna opened the public hearing. Safety Services Division Chief Kevin Kitch,
gave the staff report. The COPS program provides funding from the State's General
Fund to local agencies to enhance public safety. The County of San Diego has
received FY 06-07 COPS funding from the State Controller's Office and distributed the
City of Poway's share of $100,000. The Safety Services Department has requested
use of these funds to partially offset the cost of the two Sheriffs positions initially
approved by the City Council in FY 99-00. The City of Poway is required to maintain
historic levels of funding for law enforcement that existed prior to this grant. These
funds can be used to supplement the existing law enforcement budget and are to be
used for front-line municipal police services, which include personnel expenses and
capital needs.
There was no one present from the public wishing to speak on this item.
Motion by Councilmember Higginson, seconded by Councilmember Emery to close the
public hearing and appropriate $100,000 from the Supplemental Law Enforcement
Services Fund (Fund 249) to offset the cost of two Sheriffs positions for FY 06-07.
Motion carried 3-0 with Deputy Mayor Boyack and Councilmember Rexford absent.
2. Ordinance No. 648, First Reading, entitled: "An Ordinance of the City of Poway,
California, Amending Portions of Chapter 15.24 of the Poway Fire Code, which
Adopts by Reference the California Fire Code, 2001 Edition, and Chapter 9.12 of
the Poway Municipal Code Concerning Firearms, Fireworks and Explosives."
(0360-90)
Mayor Cafagna opened the public hearing. Safety Services Division Chief Kevin Kitch
gave the staff report. The Poway Municipal Code adopts by reference the California
Uniform Fire Code with specific amendments that address the City's specific needs
based upon our unique climate, topography and geology. This ordinance contains
minor language clarifications and updates the municipal code to more accurately
reflect the City's current practice in fire code application.
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Page 3 - CITY OF POWAY - December 19, 2006
Joe St. Lucas, Poway, inquired about "party poppers" and "paper caps."
Motion by Councilmember Emery, seconded by Council member Higginson, to waive
further reading of the ordinance and continue the public hearing to January 2,2007 for
second reading and adoption. Motion carried 3-0 with Deputy Mayor Boyack and
Council member Rexford absent.
3. Conditional Use Permit (CUP) 06-10; Jim Kennedy (for T-Mobile)/Ed Draper,
Owner. A request to allow for the installation of a telecommunications facility on
a developed single-family residential property. The subject property is located at
15101 Mina De Oro Road, west of Highway 67 and north of Poway Road, in the
Rural Residential A (RR-A) zone. APN: 321-110-24. (0210-30)
Mayor Cafagna opened the public hearing. City Planner Patti Brindle gave the staff
report. This is a request to install a telecommunications facility, consisting of antennas
to be mounted on a 35-foot faux broadleaf tree, with ancillary ground-mounted
equipment, at 15101 Mina De Oro Road, which contains an existing single-family
residence and is in the Rural Residential A zone. The facility would be the third
telecommunications facility at this site. The antennas will not be readily visible to the
public in that the facility has the appearance of a tree. The proposed
telecommunications facility will comply with the Federal Communications Commission
design and operational standards, and City standards.
There was no one present from the public wishing to speak on this item.
Motion by Council member Higginson, seconded by Councilmember Emery to close the
public hearing and adopt Planning Resolution No. P-06-62, entitled: "A Resolution of
the City Council of the City of Poway, California, Approving Conditional Use Permit
(CUP) 06-10, Assessor's Parcel Number 321-110-24." Motion carried 3-0 with Deputy
Mayor Boyack and Councilmember Rexford absent.
4. Variance (VAR) 05-08R and Minor Development Review Application (MDRA) 05-
26R; Sean and Kendall Valenzuela, Owners. A request for a revision to the
Variance and Minor Development Review Permit to allow the rear yard setback
for a single-family residence to observe a 21.5 foot rear yard setback where a 50
foot rear yard setback is required. The 2,850-square-foot, two-story, single-
family residence, with an attached 566-square-foot garage, is located on a
vacant 0.195-acre lot located at the northwest corner of Aubrey Street and York
Avenue, within the Rural Residential C (RR-C) zone. The applicants are
requesting a Variance to permit the garage and residence to encroach into the
setbacks. The property is located at 13438 Aubrey Street. APN: 314-181-76.
(0210-70)
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Mayor Cafagna opened the public hearing. City Planner Patti Brindle gave the staff
report. The purpose of this public hearing is to rectify an error made by staff in issuing
a Building Permit for a house that is currently under construction. At issue is a
Variance and Minor Development Review Application that were approved by the City
Council in January 2006 to allow the construction of a single-family residence at the
northwest corner of Aubrey Street and York Avenue. The plans originally submitted by
the applicant and discussed in the written staff report to the City Council showed a
house observing reduced setbacks and a simple farmhouse design. Prior to the public
hearing, the applicant contacted staff with a revised site plan and house design that a
potential buyer was interested in building on the site. The revised plan for a Victorian
design house was shown electronically during the public hearing as part of staff's oral
presentation at the City Council meeting. Public notice of the revised plans should
have been provided but was not. The City Council approved the Variance and Minor
Development Review Application. A condition in the Resolution approving the project
allowed staff to approve a revised house design provided it complied with the setbacks
approved by the City Council. However, the Resolution was not changed to reflect the
revised plans that were shown at the public hearing. When the new property owner
came in for a Building Permit, the site plan did not reflect the rear yard setback that
was approved by the City Council. While a portion of the rear yard setback
encroachment decreased 4 Yo feet, the setback of a 1 O-foot-wide projection at the rear
of the house increased four (4) feet. Staff erred in issuing the Building Permit because
the house did not reflect the rear yard setback approved by the City Council.
The following people spoke:
Jan Liebold, Poway, expressed concerns about the size of the home, the setbacks,
and the impact it will have on her property.
Dee Fleischman, Poway, requested the item be continued to another meeting when all
five councilmembers would be present. She also expressed concerns about the size
and setbacks of the home.
John Fitch, Poway, spoke in favor of the project.
Kendall Valenzuela, Poway, thanked Council for considering this item.
Sean Valenzuela, Poway, thanked Council for considering this item.
Kathie Horman, Poway, spoke in opposition to the project.
Motion by Councilmember Emery, seconded by Councilmember Higginson to close the
public hearing and adopt Planning Resolution No. P-06-63, entitled: "A Resolution of
the City Council of the City of Poway, California, Approving a Revision to Variance 05-
08 and Minor Development Review Application 05-26R Assessor's Parcel Number
314-181-76." Motion carried 3-0 with Deputy Mayor Boyack and Councilmember
Rexford absent.
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Page 5 - CITY OF POWAY - December 19, 2006
5. Variance (V AR) 06-09; Gary Kite, Applicant. A request for a Variance approval to
allow: (1) two 8-foot-high retaining walls when the maximum height permitted in
the zone is 6 feet; (2) a series of up to four parallel retaining walls when the
maximum number permitted in the zone is two; (3) allow the distance between
retaining walls to be 2 feet in some areas when a minimum separation of 5 feet is
required in the zone; (4) allow parking within the 18.foot required front yard
setback area; and (5) allow 57% of the 18-foot required front yard setback to be
paved when the maximum amount of paved surface permitted in the zone is
50%. The subject property is located at 13844 Pomerado Road within the
Residential Single Family-7 (RS-7) zone. (0210-70)
Mayor Cafagna opened the public hearing.
There was no one present wishing to speak on this item.
Motion by Councilmember Higginson, seconded by Councilmember Emery to continue
the public hearing to January 16, 2007. Motion carried 3-0 with Deputy Mayor Boyack
and Council member Rexford absent.
STAFF REPORTS
6.
Creation of a Wellness Proaram for City of Poway Employees.
(0520-40)
Robin Miller, Lisa Najmi, and Valerie Moore, representatives of the Wellness
Committee gave the staff report. In March 2006, the City Manager requested
volunteers to form a Wellness Committee to develop and recommend a Wellness
Program for City of Poway employees. Through research on such programs, the
Wellness Committee found that workplace wellness programs have helped to reduce
employer health-related expenses. The Wellness Committee is confident that
encouraging City employees to participate in physical activity and other well ness-
related activities would result in the City seeing similar savings, as well as an increase
in employee well being and morale. The Wellness Committee is recommending the
Wellness Program be comprised of four major components: Annual Wellness Fair,
Education, Fitness, and Recreation.
There was no one present from the public wishing to speak on this item.
Motion by Councilmember Higginson, seconded by Councilmember Emery, approving
the creation of a City of Poway Employee Wellness Program and the appropriation of
$26,780 annually from the General Fund to implementthe program. Motion carried 3-
o with Deputy Mayor Boyack and Councilmember Rexford absent.
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Page 6 - CITY OF POWAY - December 19, 2006
CONSENT CALENDAR
Motion by Council member Higginson, seconded by Councilmember Emery to approve the
Consent Calendar, Items 7-11.1 except item 10, which was removed at the request of a
member of the public for discussion. Motion carried 3-0 with Deputy Mayor Boyack and
Councilmember Rexford absent.
7. Ratification of Warrant Reaisters for the periods of November 6 through
November 9, November 13 through November 17 and November 20 through
November 24, 2006. (0475-20)
8. Adoption of Resolution No. 06-096, entitled: "A Resolution of the City Council of
the City of Poway, California, Establishing a No Parkina Zone along the west
side of Pomerado Road north of Camino del Norte." (0860-10)
9. Adoption of Resolution No. 06-097, entitled: "A Resolution ofthe City Council of
the City of Poway, California, Establishing a Temporary Passenaer LoadinQ Zone
on the south side of Monte Vista Road next to Country Montessori School of
Poway." (0860-10)
1 O. Adoption of Resolution No. 06-098, entitled: "A Resolution ofthe City Council of
the City of Poway, California, Establishing a No ParkinQ Zone along Glenoak
Road between Pomerado Road and Abraxas High School Driveway and a
Diagonal Parking Zone along the North Side of Glenoak Road between the
Abraxas High School Driveway and Crestwood Avenue." (0860-10)
This item was removed from the Consent Calendar at the request of a member of the
public for discussion.
Ron Hamilton, Poway, had questions about the parking and striping on Glenoak Road
and Crestwood Avenue.
Motion by Councilmember Higginson, seconded by Councilmember Emery to approve
the item as submitted. Motion carried 3-0 with Deputy Mayor Boyack and
Council member Rexford absent.
11. Award of Bid to Hazard Construction Companv in the amount of $849,813.25 for
the 2006-2007 Overlay Project (#407-4320), Bid No. 06-020. The overlay project
will be on Poway Road between Silver Ridge Road and Espola Road, and
Community Road from Poway Road to approximately 1,300 feet south of Poway
Road. (0700-10)
11.1 Summary of 2006 LeQislative Session.
(0740-60)
CITY MANAGER ITEMS
12. Mr. Gould, on behalf of City staff, wished everyone Happy Holidays.
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Page 7 - CITY OF POWAY - December 19. 2006
MAYOR AND CITY COUNCIL-INITIATED ITEMS
15A. Consider opposing the Foothill-South Corridor/State Route 241 Toll Road.
(0150-20)
Councilmember Emery requested this item be continued. Motion by Councilmember
Higginson, seconded by Council member Emery to continue this item to the January 2,
2007 meeting.
16. Council member Higginson thanked staff fortheir time and hard work at the Christmas
in the Park and Candyland events.
18. Mayor Cafagna wished everyone Happy Holidays.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:25 p.m.
~(l~' OOr) u.aO
errie D. Worrell, Deputy City Clerk
City of Poway, California
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